Ethical value in scientific invention versus Law and society

Yogesh Kumar Saxena, Advocate, High Court, Allahabad, U.P.
Vice President, Advocate’s Association, /Hind Kishan Sangthan,/ All India Lawyer’s Association, High Court, Allahabad
Ethical value in scientific invention versus Law and society
The principle of science is discovery than what is the doctrine of any social framer of our society. There is inherent conflict between the principle of society, which is of continuity and conservatism and that principle of science, which brings about invention and challenge to conservation. Thus we have to invent a delicate balance; as science seldom has the facilities that it deserves accept when misfortune comes, while the society is inclined to protect conservation. Can in such curiosity ,invention and exploring the unrest, any society may be protected without enforcement of Rule of Law in the Society?.
The History of man has always been characterize by enduring and attempting for exploration of new frontiers, in reaching out to new environment and to built understanding with the Nature. The frontiers are control by intellect and capability, which is motivated to explore the unknown mystery. Challenge to excite the intellect creates devise new techniques, new instruments and new approach to unknown area of Nature. Thus the problem relating to the vital force of science in relation to the society always remain the same.
Creativity is the sign of invention. Enthusiasm leads to ambition. Thus instability becomes the condition of mind, which is never pacified in isolation. Thus search for the new dimension and to realize its effect upon curiosity is the desire of an individual. There is the secretion of male Harmon due to the biological factors, which governs the activity of the mind of the criminal in commission of sexual crimes . Thus the mind of such criminal to has got the learning in a sex starved society; in which the man has no respect for women. This stimulate them to indulge for committing an offence of sexual assault upon women. The society provides a check upon it through law enforcement agency and simultaneously maintaining the balance to the individuals liberty. The ratio of the fear upon the psychology of an individual person is having a vital role to preserve the society from Commission of a Crime. The recent incidents of committing the rape, in Budha Jayanti Park of a girl student of Molana Azad Medical College, at Siri Fort Auditorium with Swiss Diplomat, with a Foreign Tourist in Goa and also the attempt upon Lady assistant Film Producer in New Delhi during Film Festival, has atleast provided introspection upon our legal system. Although many incidents of the rape committed with the women remain unreported due to the stigma upon her character and dignity of the family of the victim girl, as there is no protection to the women in the society.
The legal system in India stinks. The victim is shamed. The evidence is tempered with. Experts are persuaded to change their mind. DNA samples and viscera are tempered in the science laboratory thus the judicial system is a mess, which insults a woman’s dignity and perpetuate sexuality more quickly and punished her more hardly than the punishment provided to the culprit of the crime. Thus without giving spontaneous punishment to the culprit, we can not ensure the dignity of the women and as such there will be damning indictment of the state of law and order in the society.
The structure of the society due to obscene western visual media, information technology, infra structure has gone through vital change and thereby it has become less conservative and more flexible. This transformation from a rigid traditional structure and the growth of scientific culture is not only reproducing the economic change, but also the having the change in social and ideal condition of the living standard of his society . There is a rape victim at the intervening period of every three minutes in New York , USA . The reason is anonymity and melting pot for the entire globe. New Delhi is ghastly converting this culture and their has been new method, technique and the invention of new infra structure to kill the basic instinct of an individual. Thus our cultural heritage is not preserve with the modern scientific temperament and western environment .In the Indian condition, where there is no surety of life and virtually there is no punishment for a criminal, how dignity of the women may be protected. Simply by the enforcement of law and order by maintaining a delicate balance between the personal liberty and crave is there for liberation from the bondage of the women, the crime cannot be put under control. There is no other system enforceable accept the imposition of self introspection upon our basic instinct of liberty and freedom.
The existence of scientific culture, the economic change and new technology has provided the necessity for social change ,there is no protection and guarantee to the people regarding their Fundamental Right to Work, Right to Education and Right to medical assistance by the government of India. In absence of these rights, the creativity as the basic desire of the scientific temperament simply converts an individuals for psychological diversification to try the impossible, which is not try by the other individual. In search of this objective in life one may easily divert him to pacify his basic instinct by committing some kind of crime. This is a law less society. Here is no fear in the mind of a criminal. Thus the thought are conveyed not merely as an ideological or philosophical discourse but in a prospective destruction of the various values and traditions of the society.
Let us have a confrontation with the scientific temperament and that of infra structure for modern civilization with the Scientific invention. The electron was discovered and within a decade, the first electronic valve, the triode, was invented. The solid state device of transistor was invented giving rise to the birth of solid state electronics. Ultimately the electronic circuit incorporated the tinny chip of silicon, which converted into the possibility of the modern computers and space technology. The field of electronics has grown up in an explosive fashion with communication equipment, while the nucleus of the atom through the phenomenon of nuclear fission has wiped the cities of Hiroshima and Nagasaki in Japan. Thus, on one hand, if you want to take the advantage of modern computers and other electronic equipment, than on other hand, we may also face the destruction of the human civilization. If the energy in the sun and in the stars is used in destructive form, it may vanish the entire civilization. Thus, in absence of any introspection to the growth of civilization being tackled with our traditional cultural heritage, we may not stop these fundamental changes in the society. Thus the crime, to the society and upon the dignity of the women, has to be seen in the light of social conscience of scientific invention with the conservative integrated approach through meaningful education and spirit of nationalism in order to control an explosive situation. This can only be tackled by accountability of the law enforcement agencies and by reductions of the disparity in our society. If It is not checked with an iron hand in a very short duration, this may convert the entire world in a lawless society.

Law and Other Things: Social Justice :Dream or Reality?

Law and Other Things: Social Justice :Dream or Reality?

Law and Other Things: Social Justice :Dream or Reality?

Mediation
( A deliberation of lecture given on the subject on Mediation Process by undersigned Advocate as administered in India at World Parliament Experiment in Bonn( Germany) on 25th feb. 2008)
What is mediation? This question may agitate your mind. Negotiation seldom works and litigation begins between parties. Mediation facilitated negations between two people. It is an integrated and distributed bargaining, when no individual meeting of mind are feasible. It is confidential and a non verbal communication of desire. It uses the language of silences.
A desire for conveying the pre mediation option begins, as the functioning of the Courts are adversial in attitudes. The hostilities between people are more propounded. There is no method to control the behavior of litigants, except by observation of some indifferent attitudes of attachment with detachments. Society may play a prominent part in mediation. It may compel the parties to resolve the dispute, in case minor scuffle begins on the issues of wrong driving of vehicle by a cyclist. The people support the version of the weaker side as they themselves belong to downtrodden class and they may have internal prejudice against the vehicle owner, but a mediator may have nothing against car owner or pedestrians, as he as a mediator has given up this carnal desire of internal prejudice by the passage of time of experiences.
Mediator has to expose the unclear underlying core dispute of hostility. He has to break the Impasse. He has to gather information regarding reluctance. Than a trust is build and support start. He should control the command of process and find out an opportunity to suggest. In matrimonial disputes, one should study the problem underlying between the husband and wife. There is unrealistic situation of human behavior between man and woman. Man by nature is dominating to pacify his biological lust, while woman try to get a command over psychological sphere of trust, which she may seldom get out of the schedule of working partners. This is the betrayal of relationship. Those women, who are exertive in nature and are more adamant, may loose the battle. Similarly if the male partner is more authoritative, the family relationship may come to an end. Thus, we may identify the problem from this angle by reposing the confidence in both the sides.
Sometimes, the business disputes are underlying beneath the curtains and a mediator has to tear out the veil and to expose the reality of the truth. They are adamant to resolve as they are unrealistic in their approach. A mediator has to listen to stake their claims. The first step is silence and to listen them patiently. The casting of the issues, designing a solution, negotiating with options, motivation, confidence, optimistic, artistic venture, inculcate mind, unrealistic expectations, proper analysis and flexibility by derivations to repose a faith in mediation instead of adjudication with uncertainty of the outcome to the parties may solve the problem of impasse between the litigants.
One has to find out the problem first. People are in such a haste to resolve a dispute as they seldom identify problems and start fighting on non-issues based conflict. Sometimes, there is solution in the problem. One may have an art to identify it and to place it in correct prospective. Mediator has to build a golden beach with pure water to take a dip inside there and then they may live in one cottage. There is no scarcity of the product. One has to arrive to an agreement.
Mediator has to exercise his wisdom with full creditability for his position. He should avoid fault finding tendency. After all, he is negotiating between two individuals. Men seldom control their periodical outburst. Let the parties may cry and blame each other. Mediator is a motivator to pacify them. Thus, the exchange of information gathered through negotiation must be hidden. One may provide an obstruction in the process of mediation and as such the dispute may resolve quickly in order to avoid obstruction in the process. Sometimes, break in the process is required by shuttle mediation. Confidence is the beginning of the trust otherwise the agreement of the minds of the parties may not arrive. The agreement may be efficient and capable of being enforced.
Mediator may tender his apology, if required after indulging himself in the problem of the parties, without looking to the individuals. The body language and his optimistic attitude towards the eradication of the problem and personal warming of the parties by the mediator, like a mentor, may win their consent to an agreement. Even if he does not share with their views but problem must be appreciated. Second thought may be invited from the parties. The obligations to pay and repay must be encouraged on ethnic compulsion. Encouragement like recital of holy sermons of Gita by Lord Krishna, embracing rejection may be the guiding factor during mediation. It is not critics, who bound, credit is given to the man, who is in the arena to meet efforts.
Mediation is the type of work, very challenging with responsibility for deliverance from a state of disharmony to the state of harmony. Mediation is rewarding in the skill of interactive workshop. It is a dispute resolution process. There is the difference between mediation and conciliation. It has got the different pursuit then arbitration. In the process of conciliation, conciliator is viewed as authority and his discussion is limited to the tradition limited right. In arbitration there is no bargaining and he controls the out come of the dispute resolution process. There are the rules of evidence and burden of proof and enforcement of award. Thus mediation is better than conciliation and arbitration.
The process of “Mediation” has got more independence and less interferences from other outside agencies having the transparency and self restriction upon the traditional Anglo- Saxon- Jurisprudence of strict observation of locus- standee and rigmarole of technicalities for adjudication of the dispute and since the decision arrived is of the parties within the periphery of permissible limit under due process of law, one feel better satisfaction towards performance of its functioning. After all litigants have their own choice in the matter of their selection of a “Mediator”.
It is an identification of mind as an independent personality as the tenability to enter into harmony and oneness is resulting in mental and physical suffering. The sense of obstruction and disappointment may lead towards disintegration of society. Pessimistic approach, the energy gets deplete, object conscienceless leading to a state of starvation and one’s Consciousness. Gita says ‘he whose mind is not shaken by diversity, who does not hanker of the pleasure, and is free from attachment, that meets with everything good or bad, neither rejoices nor hates his wisdom is fixed’. The crucial conditions are still having their predominating conditions in the legal profession. This is on account of their non- adaptability in the profession by such fundamentalist elements, which provide the top priorities to the conservative approach instead of liberal out look towards them. . The unfortunate, who have the better experiences towards the problems of life, are put to the disadvantageous situation. Justice is a virtue, which transcends all barriers in the way of administration of justice. The credibility of the judicial institution is founded upon the faith of the common man in its proper functioning. The law has to bend before justice. No court can restore the broken heart of the justice and he should provide such protection, which is necessary for them like dutiful parents. The decision may not be repugnant to the normal concept and the basic unit of the society may not be allowed to be influenced by immorality. Thus the ultimate responsibility is by enunciating the foundation of a system on which administration of justice may get the public confidence in our judicial system.
The mind of a person have steady wisdom and he is not to distressed calamity, he is not affected by the afflictions arising form thunder, lightening, storm, flood etc., and fear arising from the venomous and ferocious. When he is pleased in an affluent condition, he does not long for sensual pleasures. The body with the controlled mind possesses pious understanding or evenness of mind. He does not rejoice in pain that may be fall on him. He has life or body as he identified self, being routed in the self. He will not praise any body when later does any good to him nor sensor any one when one does him any harm. For when a man thinks of objects, attachment form desire is born, from desire anger arises, form anger comes delusion, form dilution loss of memory, form loss of memory the destruction of discrimination, form distraction of discrimination, he perishes as he is swept away by impulse of passion and emotion and he will act irrationally.
One has to abandon all desires in the world be free form attachment an latent impressions doing everything out worldly and thus playing one’s part in the world. He has to cut the bond of attachment form all sides, by the sword of knowledge. He should to play with life and should be loyal to ideals and must spiritualist out his thoughts, emotions and actions.
Soul require solitude, In order to get peace mind has to become calm. The physical existence must be free form all thoughts daily for sometime and furring the period of wisdom dawns. Thought mediation, one may study his true and realise he as spirit of freedom, spirit of unity, spirit of immortality. Live in truth by becoming truthful; love all, for love is unity, by reflecting upon thought. The man bondage may perpetuate slavery, Beware of lust, greed, anger passion hatred, jealousy and the unlimited wants of five senses. They are enemies.
There is no spiritual knowledge without love. Spiritual realisation automatically makes us love every body. Truth and universal love raise us to a spiritual status and we can see the divine life. This is the highest vision which comes when he realise God in his heart and surrender himself completely to him and there by wiping out his ego sense. Purity truth and Constant remembrance of God comes by practice and in pure mind otherwise passions will create havoc. Desire move the sense, Tapas cuts the senses and annihilates desires. Tapas. is worship meditations. Thus the path of spiritualism is meant for controlling the bondage of. In this manner there will not be required by thought control nor the restrictions can be imposed upon such individual who has given his oneself to the swept of impotent without feeling any discontentment by the swept of impulsive notions. This is required for the rectification of prevailing maladies in the society.
I consider that these message is one of the best exercises to adopt in mind before attending the session of mediation. These glorious traditions may provide smooth function in process of “mediation”. “what you are is god’s gift you, What you become is your gift to god”. “The route you take depends on the decision you make”. Keep in your mind-: (1) Is it the truth? (2)Is it fair to all concerned? (3) Will it build goodwill and better friendship? (4) Will it be beneficial to all concerned?. In this process, one has to adopt these introspection in your Characteristics of human behavior.
1. The most selfish one letter word. ‘i’, avoid it.
2. The most satisfying two letter word. ‘ we’ use it.
3. The most poisonous three letter word. ‘ego’ kill it.
4. The most used four letter word. ‘love’ value it.
5. The most pleasing five letter word. ‘smile’ keep it.
6. The fastest spreading six letter word. ‘ rumour’ stop it.
7. The working seven letter word. ‘success’ achieve it.
8. The most enviable eight letter word. ‘ jealousy’ distance it.
9. The most powerful nine letter word. ‘knowledge’ acquire it.
Sincerely yours
Yogesh Kumar Saxena, Advocate, High Court, Allahabad
Ex. Vice President, Advocte’s Association
Trained Mediator of the first batch of Mediation Team
Registration No. 946 of 1974 ( U.P.Bar Council of Allahabad)
Special Counsel in Ganga Pollution Matter.
Executive Member, World Parliament Experiment (Bonn) Germany 22nd Feb. 7th March 2008
International conferences of Chief Justices of the World
(Co Coordinators and Co- Organizers) at City Montessori School, Lucknow

A Glimpse On the Fuctioning of Hon'ble Allahabad High Court

A glimpse on the functioning of Hon’ble Allahabad High Court -Request for conducting enquiry in the matter - extracts of Counter affidavit
Civil Misc. Writ Petition No 36236 of 2008 (District- Auraiya)Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, through its Manager/Secretary Sri Ashok Kumar Saxena and another Petitioners Versus State of U.P. and others –Respondents -A COUNTER AFFIDAVIT of Shailendra Gupta aged about 26 years son of Sri Prem Chandra Gupta, resident of village – Khanpur Phaphund, Post- Bhagya Nagar, District Auraiya, Manager, , Kisan Educational Society, Bhagya Nagar, District Auraiya. On behalf of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, through its Manager Shailendra Gupta(Applicant / Respondent No. 4) was filed stating therein that the dispute was pertaining to the recognition of the office bearer of society remained between one Ashok Yadav and Shailendra Gupta, but the wit petition is filed by Ashok Saxena. The prescribed authority recorded the finding regarding manipulation and fabrication of the very election proceedings on the basis of C/M managed by Ashok Yadav has set up the case. It was found that impersonation of another identity of Ashok Yadav, President Of Samajwadi Party in District Auraiya, how Ashok Saxena can manipulate the entire election proceedings, but Hon’ble Mr. Justice Dileep Gupta, Inspite hearing the matter for consecutive days for atleast more than 2 hours on the question that as Fraud and Justice do not dwell together, and order obtained by Committing a Fraud is a Nullity, allowed the writ petition without even mentioning the reference of Counter affidavit, nor any word about filing of an Application of U/S 193 I.P.C. read With Application U/S 340 Cr. P.C. and application U/Article 215 of Constitution of India. since the writ petition was based upon falsehood and an attempt to mislead this Hon’ble court by making the inconsistent stand, and a false representation is made by fabricated and forged documents as annexure No. 1 and 4 , which were never filed before the prescribed authority and the stand taken in the contends of these document is self exposed falsehood and as such an application has been given to take the action against petitioner for committing the offence of Perjury as well as abuse of the process tantamounting to the offence of criminal Contempt. That sacrosanct functioning of this Hon’ble Court required to be maintained upon accuracy in factual averments, but not deception. The rigorous sensation created by falsehood to defeat the truth may lead to fraud and than the protocol requires to cross check, as this Hon’ble Court may be prevented from being deceived and as such the present counter affidavit is filed to reply the contends of Writ Petition at the initial stage of arguments. That firstly a device was adopted before the prescribed authority by committing the interpolation of the name of Ashok Yadav by cutting “Yadav” and Inducting “Saxena” in its place, while the proposal was made for the name of Ashok Yadav By Ashok Saxena himself in the alleged election proceedings dated 23.5.2006 introduced by rival party of Ashok Yadav. The order impugned is passed between Ashok Yadav Versus Ashok Saxena, While Writ is Filed by Ashok Saxena by misrepresenting Secretary cum Manager nor the president of the Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya. That in reply to the contents of paragraph 1 and 2 is concerned that Ashok Kumar Saxena has introduce himself by playing fraud with the prescribed authority by deleting the name of Ashok Yadav and in its place, making the cutting of Surname “Yadav” and inserted “Saxena” in the very such fabricated alleged Election proceedings dated 23.5.2006 Election set up by Ashok Yadav Than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court , the misrepresentation is given by introducing forged documents filed as Annexure No. 1( dated 27.8.2006) , which has been concocted and fabricated and is being first time before this Hon’ble Court, and in Annexure No. 4 ( undated) , Which were not even filed at any time before prescribed Authority. That in reply to the contents of paragraph 1 and 2, the deponent further submit that introducing forged documents filed as Annexure No. 1( dated 27.8.2006), Which was not filed any time before prescribed Authority. Now It has been introduced in the writ petition filed by the petitioners, who are neither the recognized outgoing Secretary cum Manager nor the president of the Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, nor office bearer of Institution namely Kisan Inter college, Bhagya Nagar, District Auraiya. That in this manner, Ashok Kumar Saxena is now misrepresenting himself to be inducted as Secretary/ Manager of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, While Ashok Yadav remained representing himself to be the Secretary/ Manager of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya before the prescribed Authority/ Sub Divisional Magistrate, Auraiya through out in the referring order made by Deputy Registrar, Firms, Societies evam Chits, Kanpur Region, Kanpur dated 27.7.2006 and from the office of Prescribed Authority/ Sub Divisional Magistrate, Auraiya, District Auraiya dated 24.8.2007 till passing of Impugned order passed in case No. 1 of 2006 Ashok Yadav Versus Shailendra Gupta decided by prescribed Authority on 18.6.2008 U/s 25 (1) of the society Registration Act. The present writ petition is not maintainable. That even otherwise Ashok Yadav cannot become Secretary of the society, nor the manager of the institution run before continuing for the 5 years membership of the society in accordance with bye-laws of the society as according to Page-3 of the Bye-laws, no person without completing 5 years membership could be elected as manager of the committee of management. That Ashok Yadav is now confined in Jail on account of his involvement in criminal cases pending in the Court of Fast Track Court/A.D.J. Auraiya having S.T. No. 194/2007 P.S. Dibiyapur U/S 307 I.P.C., In the Court of C.J.M. Auraiya case No. 619/ 2008 Case Crime No. 51/2008 U./S. 3 (10) U. P. Gunda Act, and a case crime No. 28/2008 U/S/307 I. P.C. and many other cases pending in different stage and lying in different Police Station and Courts. Thus there is no right to file present Writ petition before this Hon’ble Court for challenging the order of prescribed authority dated 18.6.2008 before this Hon’ble Court. That in reply to the contents of paragraph3, the deponent further submit that petitioner No. 2, Raj Narain Saxena, alleging himself as President, Kisan Educational Society, Bhagya Nagar, District Auraiya is not the recognized Out Going President of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, nor office bearer of Institution namely Kisan Inter college, Bhagya Nagar, District Auraiya. He is now filing writ petition in individual/personal capacity by misrepresenting himself as president, but he was neither recognized President in out going Election conducted in 2003, nor he had the right to conduct such election as are being alleged on 23.5.2006. That in the same place , it has been introduced first time that it was not Ashok Yadav, who was elected manager of the committee of management, but it was Ashok Kumar Saxena.. Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003, was duly recognized by the Regional Level Committee, in which the claim set up by Ved Prakash Gupta as that of Manager on the basis of his alleged election proceedings dated 13.5.2003 under the Presidentship of Raj Narain Saxena was denounced by the Joint Director of Education The District Inspector of Schools also attested the signatures of Ram Sewak Gupta as the Manager on 15-9-2003 and communication of said attestation of signature was made by another letter issued on 16-9-2003 from the office of District Inspector of Schools. That in reply to the contents of paragraph3, the deponent further submit that it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager. Since a fraud has been committed by petitioner in filing the present writ petition, the election proceedings of the office bearer of Society were conducted simultaneously on one day along with the election of Committee of Management of Institution in respect of previous election on 28.5.2003, which were conducted after due Agenda published on 14.5.2003 under the signatures of Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003. In the aforesaid election Sri Ram Prakash Rajpoot was elected as the President, while Sri Mahabir Prasad Gupta was elected as Vice-President of committee of management, Sri Ram Sewak Gupta was elected as Secretary /Manager and Shailendra Gupta was elected as the Assistant Manager in the said election. It is submitted that the last renewal of registration of society was done on 28.2.2006 during the period of erstwhile manager Ram Sewak Gupta and list of members of general body comprising of 146 members was also forwarded for intimation and approval to the Deputy Registrar, Firms, Societies and Chits, Kanpur. That in reply to the contents of paragraph3, the deponent further submit that the said election of committee of management Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003, was duly recognized by the Regional Level Committee, in which the claim set up by Ved Prakash Gupta as that of Manager on the basis of his alleged election proceedings dated 13.5.2003 under the Presidentship of Raj Narain Saxena was denounced by the Joint Director of Education That Ved Prakash Gupta and one Raj Narain Saxena falsely alleging them to be Manager and President filed writ petition no. 44489 of 2003, in which the effect and operation of order dated 11.9.2003 passed by Joint Director of Education was stayed on 29.9.2003. That in furtherance of the said order on 30-10-2003 the institution was placed on single operation in compliance of interim order dated 29-9-2003, but the other functioning of management still remained in supervision of duly elected manager Ram Sewak Gupta and the meetings were conducted by the duly elected President Sri Ram Prakash Rajpoot. Ved Prakash Gupta and Raj Narain Saxena, who have filed the writ petition no. 44489 of 2003 sought for dismissal of writ petition in pursuance of an application no. 117978 of 2005. The writ petition no. 44489 of 2003 was dismissed as not presses vide order dated 26.5.2005. The disposal of said writ petition no. 44489 of 2003 was done along with writ petition no. 41453 of 2006 on 10.8.2006. That Ram Sewak Gupta on account of his old age had given up the responsibility on the post of Manager to the Deputy/Assistant Manager Shailendra Gupta and in furtherance of the said resolution since the Ram Sewak Gupta had shown his incapability to discharge his duties as Manager of institution, the Deponent, Shailendra Gupta was handed over the said responsibility. That the Regional Level Committee also recognized the Deponent as the Manager in the meeting dated 17-4-2006 and the information to this effect was duly communicated on 18-4-2006 from the office of Joint Director of Education. That the Agenda of fresh election was also issued simultaneously on 17.4.2006 under the presidentship of Sri Ram Prakash Rajpoot and thereafter Sri Ram Prakash Rajpoot conducted the election of committee of management on 14.5.2006, in which the deponent was elected as the Manager of committee of management of institution. That the fabricated election proceeding being manufactured in the alleged election alleged to have been conducted on 23-5-2006, there have been 150 members of society shown participating in the said election, in which the name of 70 persons are such who never remained as the member, nor they deposited any amount of membership fees in the Account of Central Bank bearing S.B. Account no. 4858 belonging to the institution. That the list submitted dispute referred to the Prescribed Authority/Sub Divisional Magistrate, District Auraiya has taken note of the facts that there is total membership of 146 members as there remained 80 members which are common in the list submitted by Ram Sewak Gupta as Manager on 28.2.2006, while for enrolling 66 members the amount of Rs. 66066/- was deposited by the Manager in accordance with clause 14 (3) of Scheme of Administration. That the said amount is already demonstrated to have been deposited in the Account of institution, but the order was passed without waiting for the decision of the alleged membership of Ashok Yadav as the primary membership of the Society. Thus the matter pertaining to the reference made to Prescribed Authority u/s 25 (1) of Societies Registration Act has been decided on 18.6.2008 against the rival set up of claim of Raj Narain Saxena and Ashok Yadav. That by the Judgement passed on 6.9.2006 passed in Writ petition No. 47402 of 2006 C/M Kishan Inter College , Bhagya Nagar, Auraiya through Manager Shailendra Gupta Versus State of U. P, it was directed to Ashok Yadav that he will deposit Rs. 20,000/-, Which he had illegally withdrawn from the account of the institution. The Special Appeal No. 1241 of 2006 filed by Ashok Yadav on 4.10.2006 Challenging the Judgement passed on 6.9.2006 passed in Writ petition No. 47402 of 2006 C/M Kishan Inter College , Bhagya Nagar, Auraiya through Manager Shailendra Gupta Versus State of U. P filed by Ashok Yadav was also dismissed. That in Special Appeal No. 1241 of 2006 filed by Ashok Yadav on 4.10.2006 Challenging the Judgement passed on 6.9.2006 passed in Writ petition No. 47402 of 2006 C/M Kisan Inter College , Bhagya Nagar, Auraiya through Manager Shailendra Gupta Versus State of U. P. filed by Ashok Yadav on 4.10.2006 denouncing the claim set up by Ashok Saxena regarding alleged resignation of Ashok Yadav to mislead. That in reply to the contends of paragraph 4 of the writ petition, It is submitted that 12 members are elected from amongst the members of general body, while three members are elected as PADEYAN Members. These three padeyan members are elected every year, It is submitted that apart from these 12 members, , Sri Vikram Singh Rajpoot, Sri Chotey Lal Kushwah and Sri Krishan Rajppot were elected as Padeyan Members by the general Body in the election dated 14.5.2006. It is submitted that Ashok Yadav and Raj Narain Saxena in their alleged election dated 23. 5. 2006 shown to have elected 12 office bearers but made further manipulation by introducing the names of three members in such concocted claim of having being conducting any such election for which they were not entitled for. Thus the Contends of para 4 are false and thus emphatically denied. That in reply to the contends of paragraph 5, 6, and 7 of the writ petition, It is submitted that That it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager in paragraph 3 of writ petition. Since a fraud has been committed by petitioner in filing the present writ petition, the election proceedings of the office bearer of Society were conducted simultaneously on one day along with the election of Committee of Management of Institution in respect of previous election on 28.5.2003, which were conducted after due Agenda published on 14.5.2003 under the signatures of Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003. In the aforesaid election Sri Ram Prakash Rajpoot was elected as the President, while Sri Mahabir Prasad Gupta was elected as Vice-President of committee of management, Sri Ram Sewak Gupta was elected as Secretary /Manager and Shailendra Gupta was elected as the Assistant Manager in the said election. It is submitted that the last renewal of registration of society was done on 28.2.2006 during the period of erstwhile manager Ram Sewak Gupta and list of members of general body comprising of 146 members was also forwarded for intimation and approval to the Deputy Registrar, Firms, Societies and Chits, Kanpur. There was no right conferred upon Raj Narain Saxena or Ved prakash Gupta to conduct any such election as said to have been conducted and further manipulated on 23. 5.2006. firstly a device was adopted before the prescribed authority by committing the interpolation of the name of Ashok Yadav by cutting “Yadav” and Inducting “Saxena” in its place, while the proposal was made for the name of Ashok Yadav By Ashok Saxena himself in the alleged election proceedings dated 23.5.2006 introduced by rival party of Ashok Yadav. The order impugned is passed between Ashok Yadav Versus Ashok Saxena, While Writ is Filed by Ashok Saxena by misrepresenting Secretary cum Manager nor the president of the Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya. Ashok Yadav, than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court , the misrepresentation is given by introducing forged documents filed as Annexure No. 1( dated 27.8.2006) , which has been concocted and fabricated and is being first time before this Hon’ble Court, Thus the contends of Para 5 and 6 are emphatically denied. That in reply to the contends of paragraph 8 of the writ petition, It is submitted that that. Ashok Kumar Saxena has introduce himself by playing fraud with the prescribed authority by deleting the name of Ashok Yadav and in its place, making the cutting of Surname “Yadav” and inserted “Saxena” in the very such fabricated alleged Election proceedings dated 23.5.2006 Election set up by Ashok Yadav,than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court ,the misrepresentation concocted and fabricated and is being first time before this Hon’ble Court, and in Annexure No. 4 ( undated) , Which was not even filed at any time before prescribed Authority. It is submitted that 12 members are elected from amongst the members of general body, while three members are elected as PADEYAN Members. These three padeyan members are elected every year, It is submitted that apart from these 12 members, Sri Vikram Singh Rajpoot, Sri Chotey Lal Kushwah and Sri Krishan Rajppot were elected as Padeyan Members by the general Body in the election dated 14.5.2006. That in reply to the contends of paragraph 9, 10 and 11 of the writ petition, It is submitted that it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager. The order passed by prescribed authority is based upon the every issue raised by the party referred to the prescribed authority The election of Deponent’s Committee conducted has been conducted on 14.5.2006 validly conducted, as the deponent’s was elected secretary/ Manager of Committee, Kisan Educational Society, Bhagya Nagar, District Auraiya, which was only empowered to conduct such election. Thus the Contends of paragraph9, 10 and 11 of Writ petition are denied as false and baseless. That in reply to the contends of paragraph 12 of the writ petition, It is submitted that Raj Narain Saxena, alleging himself as President, Kisan Educational Society, Bhagya Nagar, District Auraiya is not the recognized Out Going President of Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, nor office bearer of Institution namely Kisan Inter college, Bhagya Nagar, District Auraiya. It is submitted that prescribed authority has no where recognize the Committee of Ashok Yadav or Raj Narain Saxena as Outgoing recognized Committee of Management, Kisan Educational Society, Bhagya Nagar, District Auraiya, Thus the Contends of paragraph 12 of Writ petition are false and baseless. That in reply to the contends of paragraph 13 of the writ petition, It is submitted that , Ashok Kumar Saxena has introduce himself by playing fraud with the prescribed authority by deleting the name of Ashok Yadav and in its place, making the cutting of Surname “Yadav” and inserted “Saxena” in the very such fabricated alleged Election proceedings dated 23.5.2006 of Election set up by Ashok Yadav, than District President of Samajwadi Party, Auraiya and there by making an abuse of process before prescribed authority. Now before this Hon’ble court , the misrepresentation is given by introducing forged documents filed as Annexure No. 1( dated 27.8.2006). Thus the Contends of paragraph 12 of Writ petition are denied as false and baseless. That in reply to the contends of paragraph 14, 15 and 16 of the writ petition, It is submitted that it is falsely stated that Raj Narain Saxena is the out going president or ved prakash gupta is out going manager. The order passed by prescribed authority is based upon the every issue raised by the party referred to the prescribed authority. The election of Deponent’s Committee validly conducted on 14.5.2006 as the deponent’s was Committee, Kisan Educational Society, Bhagya Nagar, District Auraiya was only empowered to conduct such election. That the name of Girish Chandra Saxena has been shown twice at serial No. 49 and serial no. 89 in the said list of members of society. The name of Meera Yadav has also been manipulated twice at Serial no. 99 and 106 twice in the said election. The true copy of the extract of such cutting in the tempered manner on the fabricated proceeding of alleged election proceeding dated 23.5.2006 said to have been conducted. That the individual Sri Pramod Nigam, who has been alleged to participate in the said proceedings, has submitted his affidavit denouncing the existence of any such election on 23.5,2006. Thus Raj Narain Saxena and Ashok Yadav have further manipulated in the alleged proceedings even to denounce the existence of the claim set up by Ashok Yadav. Thus the contends of paragraph 14, 15 and 16 of the writ petition are denied as false and baseless. That in reply to the contends of paragraph 17 and 18 of the writ petition, It is submitted that there was neither any power vested with Raj Narain Saxena as the out going president or ved prakash gupta as out going manager to conduct such election. Even if it is found that the stay was granted to the decision of regional level joint director of education dated 11.9.2003 committee constituted in furtherance of govt. order dated 19.12.2000 against Sri Ram Prakash Rajpoot duly recognized committee in writ petition no. 44489 of 2003, the disposal of said writ petition no. 44489 of 2003 was done along with writ petition no. 41453 of 2006 on 10.8.2006. The effect of Stay order does not wiped out the existence of order. M/S shree chamundi Moped AIR 1992 S.C. 1439. Since a fraud has been committed by petitioner in filing the present writ petition, the election proceedings of the office bearer of Society were conducted simultaneously on one day along with the election of Committee of Management of Institution in respect of previous election on 28.5.2003, which were conducted after due Agenda published on 14.5.2003 under the signatures of Sri Ram Prakash Rajpoot, who conducted the election on 28-5-2003. In the aforesaid election Sri Ram Prakash Rajpoot was elected as the President, while Sri Mahabir Prasad Gupta was elected as Vice-President of committee of management, Sri Ram Sewak Gupta was elected as Secretary /Manager and Shailendra Gupta was elected as the Assistant Manager in the said election. It is submitted that the last renewal of registration of society was done on 28.2.2006 during the period of erstwhile manager Ram Sewak Gupta and list of members of general body comprising of 146 members was also forwarded for intimation and approval to the Deputy Registrar, Firms, Societies and Chits, Kanpur. Thus the Contends of paragraph 17 and 18 of Writ petition are denied as false and baseless. That the writ petition filed by committing all such fraud may be dismissed with exemplary cost, as justice may not be circumvented , prejudiced and nullified by reprehensible conduct of petitioner.
Whether Advocates, representing their clients are not accountable for committing dereliction in due discharge of their duties, Why not the Hon’ble Judge may become accountable for circumventing the rights of the counsel appearing before them?

legal Institution and Justice

Legal institution and justice
"I am unjust , but I can strive for justice ,
My life’s unkind ,but I can vote for kindness.
I, the un-loving, say life should be lovely,
I, that am blind , cry against my blindness
Justice is the end of government just to enjoy the peace of mind. Law is a means to an end. The essence of law is duty. It is a result of constraint struggle; an struggle of conflict with a view to attain peace and order. Law is the guaranty of condition of life in society assured by the state‘s power constrain. Thus the legal institution may provide the stability in the political sphere ,if we start thinking in the process of rectification of the present problem enunciated by theoretical approach and by the correct analysis of the sociological jurisprudence to promote sociological study in connection with the legal study is the fundamental right for preparation of legislation , which may improve by intelligent effort discovering the best means of furthering and directing such efforts . Thus it is very essential to learn the basic principle of jurisprudence and adopt a positive approach for imparting the justice to the individual litigant in the society.
Jurisprudence means systematic knowledge of the law .It is known as science of law Thus the jurisprudence may be considered to be systematic arrangement of the principle of the law the principle of the law, the principle duly recognised or enforced by the public and legal institution in the administration of the justice .The general rule of external human action enforced the sovereign political authority in the common law . Jurisprudence is concerned with fundamental conception , the sovereignty does not reside in the legislatures or executives ,but in the total aggregate of persons , who are members of state and are primarily represented by the existing body of electors. The instrumentality of sovereign is endowed with powers to be exerted with on behalf of the legislature cannot invoke the sovereign power of the people to override their will . Thus the sovereignty is vested in the people and not with the government to exercise their sovereign powers . If the government ignores the protection of social interests of the people then it has no authority to discharge its sovereign powers. Thus one has to find that the sovereign power is exercising its functioning in the ultimate interest of the people , which may attribute sovereignty to that entity .
Jurisprudence is the eye of law. It is innovation of the legal invention for protection of Human behaviour, which maintain intense relationship for advancement of mankind . Thus the jurisprudence is the wisdom of law , which is the ultimate purpose in pursuit of the advancement of Human conduct , If we are not aware with the realities of the life and the problems of the society , we may not be discharging the duties of sovereignty . The legal institution may not serve its purpose if other considerations have the over riding effect and there after the habitual obedience from bulk of human society will completely be vanished . Thus there should be the attempt to change the law within a reasonable living stream , but it may not become stagnant pool of conflicting precedents. If the subject of the law is the science of the man to the political ethics , the legislation may perfectly regard to discharge its duty in the strictest sense The science is not limited to the study of external conduct. Thus the first requirement of law is to correspond with the actual feeling and demand of community . The guardian of the law have made no serious efforts to curb the number of cases and they could not be worked out inspite several assurance of the Hon’ble Court.
The Hon’ble Supreme court in the S.P. Sampath Kumar Vs Union of India 1987 (1)SCC Page 124 , while dealing with the provision of section 28 of the Administrative Tribunal Act , 1965 , laid down that the exclusion of the High Court jurisdiction under the Article 226 and 227 of judicial review in service matters It was held by the five Hon’ble Judges of the Hon’ble Supreme Court concurring judgement that the said act would not be rendered unconstitutional .It was held that Article 323-A authorising exclusion of the jurisdiction must provide for an effective alternative institutional mechanism or authority for judicial review . The supreme Court has referred the decision of Minerva Mills Ltd. Vs Union of India A.I.R 1980 S.C Page 1789 wherein it was held that the judicial review is the basic and essential feature of the constitution and if the power of judicial review is abrogated or taken away the constitution will cease to be what it is. However it was held that if the power of the high court are curtailed from judicial review and it is vested in any other institutional mechanism or authority , it would not be violative of basic structure doctrine.
The central administrative tribunal was given the jurisdiction parallel to the jurisdiction vested under Article 226 and 227 of the High Court. By virtue of such power it was held in the case of union of India Vs Paramananda A.I.R 1989 S.C Page 1185 that " we must unequivocally state that the jurisdiction of the tribunal to interfere with the disciplinary matters for punishment cannot be equated with an appellate jurisdiction . The tribunal cannot interfere with the finding of the enquiry officer or competent authority , where there are no arbitrary or utterly perverse . It is appropriate to remember that the power to impose penalty on a delinquent officer , is conferred on competent authority either by Act of legislature or rules made under the provision of article 309 of the constitution . If there has been an enquiry consistent with the Rules and in accordance with the principles of natural justice , what punishment would meet the ends of justice is matter exclusively within the jurisdiction of the competent authority or the penalty can be lawfully imposed and is imposed on the proved misconduct , the tribunal have no power to substitute to his own discretion for that of the authority .This principle was consistently followed in Govt. of Tamilnadu Vs A Raza Pandian A.I.R 1995 S.C.Page 561 ,State of Tamilnadu Vs S . Subramanian A.I.R 1996 S.C Page 1232 and state of Tamilnadu Vs Thiru K.V Perurmal A.I.R1996 S.C page 2474 .
The supply of th ecopy of the enquiry report to the delinqent seeking his explanation against the proposed action was considered after the case of Union of India Vs Ramzan Khan J.T 1990 (4) S.C page 556 , in the case of Managing Director ECIL Hyderabad Vs B.Karunakar reported in J.T 1993 (6) S.C page 1 was considered that it is the right of the employee to have the report to defend himself effectively and he would not know in advance whether the report is in his favour or against him . It will not be proper to construe his failure to ask for the report ,as waiver of his right .However , this precedent remain valid upto the period when the supreme court in the case of S.K.Singh Vs Central Bank of India 1996 (6)S.C.C page 415 has laid down that the non supply of enquiry report is in consequential if no prejudice is caused. The Hon’ble Supreme court in the case of State Bank Patiala Vs S.K. Sharma reported in A.I.R 1996 S.C page no 1669 has laid down that an order passed imposing a punishment on an employee consequent upon the departmental enquiry ,while dealing with such case ,.The Hon’ble Court in case of a procedural provision mandatory in character if found to have waived or in such situation where the rule of Audi -Alteram partem has not been applied ,then the order of punishment cannot be set-aside on the ground of said violation until the test of prejudice may be called to the delinquent. Thus ultimately further curtailing the scope of judicial review as was being exercised by the central administrative tribunal was visualised during the course of arguments and in getting the judgement from the Tribunal to the delinquent Govt. Servant was visualised during this period .
The Hon’ble Supreme Court in the judgement reported in 1997(3) S.C.C page 261 L.Chandra Kumar Vs Union of India consisting of seven Hon’ble judges has now over ruled the earlier judgement of five Hon’ble Judges constitutional bench in Sampath Kumar case. It has been laid down on the basis on the basis of Keshavanand Bharti case decided by the power of judicial review vested in the High Court under the Article 226and 227 is part of the basic structure of the constitution . Judicial review comprises of three aspects ;Judicial review of legislative action , Judicial review of judicial decisions and judicial review of Administrative action tribunal is not a substitute for the high Court .Thus section 28 of the Administrative tribunal Act divesting the jurisdiction of of the High Court in relation to the service matter and article 323-A and 323-B of the constitution of this extent are unconstitutional . The Hon’ble Supreme court has laid down that until a whole independent agency for administration of all such Tribunals may not be set up and the entire system may not be languished and ultimate consumer of the justice under the supervision of the Administrative function may not be formulated by the Union of India .The system may carry on and the tribunal will continue to act like courts of first instance in respect of the areas of law which they have been constituted .Thus the tribunal on account of this judgement instead of exercising the power of judicial review as is being exercised by the High Court under Article 226 and 227 of the constitution of India is conferred with the jurisdiction of the court of first instance in respect of areas referred under sec 14 and 15 of Administrative tribunal Act , 1985
Now the question arises what is the significance of judicial accountability in respect of conflicting judgement of the Apex court which are meant to exercise the jurisdiction as that of the law of the nation. The first requirement of a sound body of law is that it should be correspond with the actual feeling and demand of the community. A law embodies beliefs that has triumphed in the battle of ideas and then translated themselves into action . The legal Institution of the knowledge of jurisprudence and the social requirement of imparting justice to the litigants requires that the exercise of the judicial precedents may not be top harror and unconscionable as it may loss site from the very basis for which the law is meant for we cannot confine ourselves to the formal legal; materials ,but we have to go beyond to find out now people actually live in the society . The centre of gravity of legal development lies not in legislative nor jurist’s science nor in judicial decision but in society itself . If we want the real law regulating the people , we have to become aware with the hardships suffered by the litigant people and for now the same is being is ignored as what is in actual practise governing the relations of the employer and employee , some limit has to be drawn because otherwise jurisprudence will dissipate its energy over too widen area .
The requirement of the society in the present political set-up is not mere formality , but it requires an accountability of each and every public officer who are exercising their powers through quasi judicial functioning vested with them in dealing with the departmental proceedings against the delinquent employee. Till suitable restrictions in exercise of such discretionary powers vested with the superior authority may not be enforced through the proper legislation or administrative instructions and punishment of warning . Adverse entry, censor and stoppage of the increment may not be imposed against the superior officers exercising his power by making an abuse of misuse of his discretionary power, may not be imposed in the case of failure to discharge such obligation, when the Hon’ble Court or the administration found the lapses and dereliction of the duties on their part , the justice cannot be given to the delinquent ,simultaneously for frivolous litigation should also dealt with exemplary cost against the fraudulent litigants as fraud and justice never dwell together and fraud and deceit defend or excuse no man .The Hon’ble Supreme Court in the cases of S.P.Changalvaraya Naidu (dead) by L.R Vs Jagan Nath (dead) by L.R repoted in A.I.R 1994 S.C 853 ,inre, Indian Bank Vs M/s Satyam Fibres J.T 1996 (7)S.C. 265 and in the case of Municipal Corp. of Delhi Vs Kamla Devi A.I.R 1996 S.C page 1733 has dealt with this aspect and found such proceedings by way of sharp practice , which are designed to abuse process of law and impose exemplary cost against the litigants . It its the need of the time the very public office should have its accountability in respect of discharging its legal obligations and for that purpose , there should be the appointments of the officers and the legal experts instead of leaving the matter to the discretion of the administration only then the justice may be realised to the individuals from the courts of law. Mankind must either give themselves a law and regulate their life by it or live no better than to limit natural liberty of a particular man such a manner as they might not hurt anyone. A herd of wolves is quieter and more reasonable than the mob for one reason or other . According to Hindu Mythology , it is meant to regulate the human conduct amidst diversities of inclinations and desire so as to reconcile harmonically to the wishes of the individual wityh the interest of the community , while according to Mohhmadden law the purpose of the law is to promote welfare of he man , the improvement of morals by keeping the preservations of the life ,property and reputation. Its purpose is to encourage obedience by offer of reward and to discourage obedience by imposition of severe penalty . Thus the object of the law according to Hindu mythology in not to the punishment of the sins, but to prevent certain external results , while according to Mohammedan law , it is the obedience by offer of the reward and as such even the capital punishment is regarded appropriate in certain cases .
The importance of the justice is the wisdom of the law , as the law is without doubt a remedy for greater evils , yet it brings with it evils of its own . The object of the criminal justice may be referred from the angle of its implementation in the society . The deterrent aspect ofd the punishment is to protect society .According to Hindu Mythology penalty keeps then people under control , penalty protects them , penalty remains awake when people are asleep , so the vice have regarded the punishment as the source of righteousness. The preventive aspect concentrates on the prisoners to prevent them for offending again in future . The retributive theory is considered to allow the victim to take the revenge . Plato was the supporter of his theory to quote him ; " If justice is good the health of soul as in justice is its disease , chastisement is its own remedy" Judicial punishment are serve as a mean ---- good for the society . Everyone gets what is his due according to his deeds. The re-affirmative theory with the object to bring the moral reform of offender which unfortunately has been adopted as that of criminal justice has assume undue prominence on the other aspects of the criminal justice . This is the reason why the crime has now perpetuated in every sort of walk of life.
Let us examine the actual purpose of the legal institution in the context of providing justice to the individual . Society has now emerged with a complete deteriorated conditions of life. The existence of the individual citizen is on the stake in every walk of life . If we forgot the realities and start building the new structure on the basis of hypothetical presumptions ,we are bound to fail in administrative of justice . Now a day every proceedings based on the basis of evidence and what to say about the evidence when the very existence of the individual citizen is in itself deceptive. If we start adjudicating the cause on the basis of false evidence , the legal institution is bound to collapse . The custodian of the public interest are now playing the role of pirate . The robbery is committed with a licence by the Govt. servant . In such situation one should realise that it is only the accountability of the individual official in respect of his function , only then the society can survive . If we keep on having the expectations without rectification of the prevailing maladies , where the litigation are instituted with the falsehood and there is no accountability of the erring individual in such process by imposition of the proper punishment , justice can never be imparted from the court of law .There happens some shock thrilling experience in day to day life as that of every individual happens to think over the present set-up of the parliamentarian democracy in the context of the law enforceable agencies , who have become the pathetic observer of the surrounding over them . The day light robbery is committed of the passengers travelling inside the bus and when they proceed in the direction to lodge the report in the competent Police Station then the robber again enter and return back the looted articles under the protest that the valuable are of the lesser value then they ought to provide to the concern Police Officer as to get exoneration from the punishment . If the miscreant are threatened with the toy automatic Rifles and per chance the threatening is succeeded then next repercussion happens by the unwarranted query from the police officer regarding the factum of unauthorised weapon in the custody of the house keeper and thereafter on relieving the substance of the truth in respect of false threatening given by him , the police department from the scene and miscreants again comes and kill the house keeper , who is the informer ?If the execution of the crime is on the behest of the police then how the society may be protected and what the legal institution will help to solve the basic problem . Thus it is only the deterrent theory of punishment , which can provide protection to the society.

Law, order, Discipline and its enforcement in society

Law, order, discipline and its enforcement in society
Laws are the aggregate of rules representing is the collective wisdom of community and therefore applied universally according to the circumstances and conditions and requirement of the nation universally for the common human benefit of people's welfare and therefore made applicable for the strict enforcement of justice with the changing requirement and sanctity of the rule of law. Doubt perishes the man while apathy to a particular situation ruin the civilisation.
Law in order to satisfy the needs of fast changing society has to be evolved in order to meet out the challenges instead of remaining static. Thus the judicial thinking to be constructed by reference which would adequately deal with the new problems and therefore we no longer need the crutches of foreign legal system. It has to be secured through the process of law. The collective interest of the community so that parties do not lose faith in the institution and thereby indulge in private retribution is the prime objective of the legal order. The procedural safeguards should commensurate with the sweep of power. The wider the power, the greater the need for restraint in its exercise and correspondingly, more liberal the construction of procedural safeguards envisaged by the statute .
An independent and honest judiciary is sine qua non for rule of law. It is imperative to protect the honest officers from motivated misconceived complaints made by unscrupulous litigants while on the other hand infallibility is an unreliable ideals, correctness is often a matter of opinion. Thus ability to anticipate the fallibility is the gift of a prophecy consideration of finality are subject to the paramount of justice but the remedial action must be appropriate upon which the administration of justice may rest. Thus the law can not afford any favourite other than truth. Life of law is not logic; it has been experienced however logic may not be ignored when experience is silent.
There has been erosion of faith in the dignity of the court and in the majesty of the law. The procedural wrangle is eroding the faith in our judicial system and one must introvert turn the search light over the process of deterioration inwardly. Therefore, the law must be definite and such as basic postulate is the requirements of the consistency in judicial decision making process and at the same time, there is the need for foreign flexibility. No straight jacket formula can be laid down for judicial functioning. The concept of public accountability of the judicial system and the professional competency with ability to promote the justice is perhaps overdue and the courts are ill equipped to speculate and seldom at contrary to democratic principles. Values in public life have undergone serious erosion during last few decades what was unheard is a common talk of the day. The new value orientation has undergone in our culture and we are at the threshold of the cross roads of these values. This is a difficult situation.
One makes Law legal only by giving its operation . The consent of one's conscience. A moral obligation to disobey is not less compelling merely because an individual is powerless and that his disobedience may lead to punishment through powerful despotic monarch. It is always electoral of pre-medication to adopt justice as synonymous to law, which may be the command of the stranger, but the humanity and conscience will always be prone to launch a protest through expression against such command of law who has no sanctity of justice behind it. The problem of obedience of unjust law is the root cause for a right to right to rebellion and delicate balance is being observed in the history of civilisation. The position of soldier under section 41 of the Army Act, 1950 as making disobedience to unjust immoral offence is in practice difficult to tackle as being liable to be shot at by a court martial and if he disobeys to be hanged by a judge. There is a concurrent conflicting demands of choosing either of the two. The discipline and of supremacy of law. It is difficult to examine and being aware of a illegality of the order and therefore law contrives an objective test. The Nuremberg trial has further declared that Nazis law and order of dictator must confirm to minimum morality. If it does not stand this test, the disobedience to unjust command will not often the discipline and rule of law will prevail.
Resistance to oppression is the consequence of other rights. When the government violates the rights of the people, insurrection for the people and for each portion of the people, the most sacred of all rights and the most indispensable of all duties. Abraham Lincon’s famous slogan "Government for the people ,by the people and of the people means that the people can exercise their constitutional rights and revolutionary rights to dismember and overthrow the government. Thus rebellion to tyrants is obedience to God. Whenever any government becomes destructive of certain inalienable rights of life, liberty and pursuit of happiness, the people have the right to alter or abolish it. The abuses and usurpation design to reduce the existence of the individual and to act like absolute despotism, it is the right and the duty to throw of such government and provide security to the citizens.
The rebellion against government is further justified when the majority of the people are oppressed by a despotic minority and then it becomes a moral duty of men who love liberty not to permit any moral rights to rebel against the majority. Practice of non-violent methods of rebellion as a means to end tyranny has been justified by our founder father but tyranny which makes reforms impossible is difficult to be tackled down and in that situation only the public opinion can safeguard the interest of the society. The obligation to obey the law is always linked with the question of justification for the natural outburst with the right to revolution. The ultimate raison de etre for you social discipline is reconcile apparently with conflicting claim of liberty and law. The justification to obey the law through civil disobedience involves conscious disapproval of government's action. The other factor of disobedience is through non-enforcement of the sovereign power of imposition of tax law and when ever the protest has the justification for not agreeable as unable to conscience to obey it. The peace and tranquillity of the realm is always supreme as such violent emotion is unwarranted by moral law .Socrates, who searched into things under the earth and in heaven and therefore the youth refused to hold his tongue and prepared that as he realised that law applies with equal force to all to maintain ordered society and in order to resist against. Unjust law are must not to being afraid of being incurred in punishment for disobedience, if his conscience permit him to do so.
Recent events have revealed the damage of letting ashore on body politics to fester for to long, the solution must be consistent with the unity of the country and national interest and not on as can result in claim of reaction detrimental to those interest. Despite the enduring the assurance by every political party in the parliamentary democracy for country’s stability progress and radical reform, there is a complete social disruption. Sometime there is ideological compatibility due to personality cult and dynasty rule over primitive society but when there starts inherent contradictions and ego concentric personality clashes, the country stability ,progress and radical reform comes to ignominiously halt. Socialism is to social justice , what ritual is to religion and Dogma is to the truth. Our present politicians has imposed so called mindless sociological arrangement on the nation under the garb of socialism which has held in thrall the people endeavour and enterprise resulting in the transfer of wealth from the honest to dishonest opportunist, merit to the demerit; quality with the quantity and justice with injustice in the guise of giving social protection. This is the reason that 231 public-sector enterprises run by Union government and 636 by the state government of extracting the material resources from public exchequer realising exorbitant price from India's doctrines socialism. If the politicians are actually concerned and they should have provided the financial security to the backward classes as to enable them to survive by distribution of resources with a logical distributive justice. There is only quantitative growth without quantitative developments. The influential politicians who preferred to let socialism remain the opiate the people and of whom it can be truly said that if the ignorance is the bliss they should be happiest men alive. Gandhi ji said "Economics that hurts the moral well-being of individuals or nation is immoral and therefore, sinful .True economics never militate against highest ethical standards, just as all true ethics to be worth of its name just at the same be also good economics. An economics that inculcates worship and enables the strong, to mass wealth of the expenses of the weak is a false and dismal science. It spell death true economics on the other hand stands for social justice, it promotes the good of all equally including the weakest and is indispensable for decent life. Gandhi ji told "I do not believe that multiplication of wants and machinery and contrives to supply them is taking the world single step nearer its goal ……a wholeheartedly detests with. This met desire to destroy the distance and time, to increase animal appetites and go to the ends of the earth in the search of their satisfaction. If modern civilisation stands for all this and I have understood to do so I call it Satanic" .
"A civilisation, in real sense of the term consists not in the multiplication but in deliberate and voluntary reduction of wants. "Industrialisation on a mast scale would necessarily lead to passive or active exploitation of the villagers as a problem of corruption and marketing come in. Nothing should be allowed to be produced by the cities which can equally well be produced by villagers. The proper function of the cities is to serve as clearing houses for village products. Here are more hands than required for the work and therefore the problem is how to utilise the idle hours, they will render unemployed. The concentration of production and distribution in few hands privilege oriented monopoly. The industrialisation must not deprive people from environment, must but must in village artisan to reduce his drudgery and improve his efficiency".
This is the answer to the concentration industrialisation in the cities having no air to breathe at Delhi 460 S.P.M level ,Calcutta 460 S.P.M level 350 S.P.M level each. Justice H.R. Khanna, when appointed as commission of inquiry in the year 1967 in respect of the matter relating to the charge of corruption against the minister’s of Orrisa including three Chief ministers, one of whom was Biju Patnaik while dealing with 70 charges of corruption levelled against them, was faced a situation dealing with the arguments advanced on behalf of two ex chief ministers, that there was no prescribed code of conduct for the ministers to held them guilty of impropriety, that ministers cannot use their officer or allow them to be used for furthering the business interest of his family members to have commercial dealing with the State as they themselves never passed orders in respect of such transactions. Justice Khanna observed that a person on being a minister becomes the custodian of the public interest. Thus he should so formulate his politics and his activities that there is no possibility of the clash between his personal interest and the public interest. The role of minister has got to be that of pioneer rather than a pirate, of the public to sentinel rather than of self seeks of one dedicated to the public cause and not one obsessed with the desire of personal gain -- -- what is needed is a climate of strong public opinion where in none may dare to deviate from the path of rectitude . Law can punish only occasional lapses quoting a classic passage of judge hand. " I often wonder whether we do not rest our hopes too much upon our constitution, upon laws and upon courts. These are false hopes liberty lies in the hearts of men and women. When it dies there no constitution, no law, no court can do much is to help it while it lies that it needs no constitution, no law ,no court ", to save it. The question is whether the laws speaking through the authority of the courts to deal with such threat to the security of the state, shall be absolutely silenced and reduced mute spectator because of such threat. The answer has to be given to the public. A raise weary of its own blood shed and diversities should cultivate public opinion which may offer the only chance for the survival of the species. The best guarantee for such situation is good sense of those in power, the vigilance of the people and the pressure of the public opinion.
This is an alarming situation which spell out the gravity and further invite peoples co-ordination to formulate public opinion to fight through the policy of non- co-operation which has provided the independence from the British rule by our leader Mahatma Gandhi .
"Every day that comes and goes,
every mile the river flows,
says to me and say to you,
much there is to learn and do,
for the water and the day,
noise more will pass this way".
Mankind has a habit of surviving worst catastrophes created by its own error or by violent turn of the nature and it must be so if there is any meaning in its existence, if its history and continuous survival is not the accident of a fortuitously self organising chance which it must be a purely materialistic view of the nature of the world. If man intended to survive and carry forward the evolution of which he is at present the head and to some extent of half conscience leader of its march , he must come out of this present chaotic life and arrive at the organised efforts. The ideal situation would be fulfilled by the accomplishment and preservation of the people from its own extinction by the folly committed by his own species.
Yogesh Kumar Saxena
Advocate, High Court,
Chamber No. 139, High Court,
H.I.G. 203, Preetam Nagar, Sulem sarai, Allahabad
0532/ 2637720, 2436451, Mobile 9415284843