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DRT Solutions Weekly Mail – 330th Issue dated 5th September ’14

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(1) Banking Negligence also call for Large Compensation as in Medical Field 

The following news item may be viewed for the requirement of large compensation from the bankers for their wrong doings e.g. not performing their duties properly, inordinate delay in sanctioning adequate working capital, not restructuring, rehabilitating or reviving sickness in time etc.:- 

 

Are large compensation payouts for medical negligence good?

31 Aug, 2014, 04.30AM IST

http://economictimes.indiatimes.com/industry/healthcare/biotech/healthcare/are-large-compensation-payouts-for-medical-negligence-good/articleshow/41280942.cms

YES. Large payouts awarded by the courts may be the only way to instil accountability for wayward doctors and to save lives

Dr Kunal Saha

 

The limitless financial compensation and punitive damages often imposed for medical errors in developed countries may have some inherent flaws. In India, however, healthcare is supposed to be regulated by a quasi-judicial medical council that has failed to protect against widespread negligent and irrational treatment. Large payouts awarded by the courts of law may therefore be the only way to instil accountability for wayward doctors and to save lives.

Compensation became a hot topic in India after the Supreme Court awarded more than Rs 11 crore in damages (including interest) against several doctors and a private hospital in Kolkata for the wrongful death of a patient. This was by far the biggest payout in Indian medicolegal history. Until now, Indian courts have generally awarded meagre compensation for death from medical negligence, rarely exceeding Rs 3,00,000-6,00,000, and often less, which has failed to have any deterrent on affluent doctors and hospitals

Unfounded Fears

For the legal right to compensation (tort liability) to be useful in curbing medical negligence, it should serve at least two purposes. Firstly, it must provide adequate financial support for the victim's family (compensation) to fill the irreparable vacuum created by the wrongful death as best as possible. Secondly, and perhaps more importantly, the award must act as a deterrent against future negligent behaviour by other doctors and hospitals.

Reaction to the record compensation in India is sharply divided. Although most ordinary citizens and victims of medical negligence hailed the verdict, members of the medical community predicted a doomsday scenario for the future of Indian healthcare. Even though the Indian Medical Association was not involved in the lawsuit, it took the unusual step of filing a petition seeking a review of the Supreme Court's decision. Indian medical leaders have suggested that the large compensation will promote "defensive medicine", ultimately leading to greater costs for patients. Defensive medicine is often raised by proponents of tort reforms in the US.

The real effect of malpractice litigation on defensive medicine remains controversial. Although many US physicians claim that they practise defensive medicine to avoid litigation risk, policy analysts argue that this is nothing but an exaggerated response that results from "misattribution of casual responsibility" by doctors. A comprehensive study found that defensive medicine may contribute only 1-2% of the cost of US healthcare.

Unlike in the US, ordinary patients in India have no meaningful insurance to cover healthcare expenses. Most have to pay the medical bill on their own, and an increase in defensive medicine may affect these patients economically. But it is also true that in the absence of any insurance oversight, and without any government regulation, hospital expenses are skyrocketing in India. The apprehension that large compensation may increase defensive medicine is misplaced given the current total lack of  regulation and rampant corruption in the Indian healthcare system. Indian medicos have also claimed that large compensation should not be awarded in medical negligence cases because even the US has a limit in such cases. Although some US states have imposed a cap on "non-economic damages" (for pain and suffering), there is no cap on "economic damages" (direct loss of income) anywhere in the US. More than 95% of the large compensation awarded by India's Supreme Court in the recent case was for the the loss of income from the untimely death of a patient, who was a child psychologist in the US. Putting a limit on non-economic damages would have made no difference.

Deterrence will be Beneficial

The primary purpose of large compensation payouts must aim to deter medical negligence and unethical practice of medicine. Despite the criticism that excessive malpractice litigations are crippling the healthcare system in the US, a study by the Institute of Medicine found that between 44,000 and 98,000 US residents die each year from preventable medical errors. This high number of deaths might be used to argue that liability lawsuits have no deterrent effect on medical negligence. But this would  be improvident without any knowledge of how much worse US healthcare would have been without the medical liability system. In fact, malpractice liability pressure has been correlated with a modest decline in mortality, indicating a positive role. In contrast, preventable medical complications increased after the cap on damages was adopted.

Malpractice liability may have a moderate degree of deterrent effect in countries with an effective regulatory system through medical council or board that routinely uses disciplinary action to curb negligence and unethical behaviour by doctors. Unfortunately, medical councils in India have been riddled with incompetence and deep rooted corruption. Disciplinary action against negligent or unethical doctors by medical councils, which comprise only doctors, is almost non-existent in India.
A recent report comparing data on medical negligence cases in the US, the UK, Australia, Canada and India found no record of any doctor being disciplined for medical errors by Indian medical councils. In the absence of any effective non-judicial forum to protect vulnerable patients, large compensation by court of law may be the only way to prevent medical negligence and improve the quality of healthcare in India.

The writer is a private consultant and founding president of People for Better Treatment. Saha received the Supreme Court's highest compensation award for the death of his wife

(2) RBI Guidelines are statutory and mandatory for the Bank & FIs 

There are several SC rulings upholding that the RBI Guidelines are statutory and mandatory for the banks and FIs. The most appropriate SC Ruling is M/s Transcore vs Union of India decided on 29.11.06 vide citation AIR 2007 SC 712 wherein it is laid down that Classification of an account as non-performing asset has to be done by the bank of FI in terms of the guidelines issued by RBI.”

(3) Dishonour of Cheques : Supreme Court Clarifies Territorial Jurisdiction 

The following news item is useful:- 

Dishonour Of Cheques: Supreme Court Clarifies Territorial Jurisdiction

Last Updated: 29 August 2014

Article by Varuna BhanraleSahil Kanuga and Vyapak Desai

Nishith Desai Associates

http://www.mondaq.com/india/x/337154/trials+appeals+compensation/Dishonour+Of+Cheques+Supreme+Court+Clarifies+Territorial+Jurisdiction

The Supreme Court has:

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Acknowledged that there was a massive misuse of the criminal justice system with a view to cause hardship, harassment and inconvenience to the accused;

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Directed that proceedings are to be filed at the place where the cheque is dishonoured;

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Directed the return of pending cases (where service remains incomplete) – the complainant is required to file before the appropriate court within 30 days of such return. This will lead to procedural red-tape and further delays;

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Complaints where recording of evidence has commenced will continue where currently filed.

INTRODUCTION

The Supreme Court ("Court") has, in its recent decision in Dashrath Rupsingh Rathod v. State of Maharashtra & Anr.1, held that in cases of dishonour of cheque, only those courts within whose territorial limits the drawee bank is situated would have the jurisdiction to try the case. Additionally, in a move that will have significant and far-reaching consequences, the Court also directed that pending cases in which the accused had not been properly served would be returned to the complainants for filing before the appropriate courts (i.e. having territorial jurisdiction), which filing is required to be done within 30 days of return.

ISSUE

Acknowledging the fact that it had become commonplace for the courts to encounter a notice issued under Section 138 of the Negotiable Instruments Act, 1881, from a place that had no connection with the accused or with any facet of the transaction, the Court stated that misemployment insofar as the choice of place of suing now calls for a stricter interpretation of the statute. The Court, thus, reconsidered the issue of which court would have the territorial jurisdiction to try a case of dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881 (the "Act"). In the past, the Court had passed several decisions giving divergent views on the issue.

BACKGROUND – PREVIOUS DIVERGENT DECISIONS

In Bhaskaran v. Sankaran Vaidhyan Balan ["Bhaskaran"],2 the Court read Section 138 of the Act with Sections 177 to179 of the Code of Criminal Procedure, 1973 ("CrPC"). It observed that the offence under Section 138 can be completed only with the concatenation of the following five acts:

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Drawing of the cheque;

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Presentation of the cheque to the bank;

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Returning the cheque unpaid by the drawee bank;

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Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount;

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Failure of the drawer to make payment within 15 days of the receipt of the notice.

It was held that upon the completion of the offence, any Court, within whose jurisdiction, any one of the five acts took place, would have the requisite jurisdiction to try such case.

The ruling in Bhaskaran was diluted in Harman Electronics Pvt. Ltd. v. National Panasonic India Pvt. Ltd.3 ("Harman"). The Court addressed the issue of whether a Delhi Court would have jurisdiction solely because the statutory notice under Section 138 of the Act was issued from Delhi. The Court held that:

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Issue of the statutory notice does not give rise to a cause of action. Only receipt of the notice does;

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Only the main provision of Section 138 constitutes an offence. The proviso thereto merely enlisted the conditions necessary for taking cognizance of the offence;

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If mere presentation of the cheque or issue of notice would bestow upon a court the territorial jurisdiction to try offences under Section 138 of the Act, it would inevitably lead to harassment of the drawer.

The judgments in Bhaskaran and Harman represent the liberal and the strict views, respectively, on the issue of territorial jurisdiction for trial of the offence of dishonour of cheques under Section 138 of the Act.

JUDGMENT OF THE COURT

Determination of Territorial Jurisdiction

Civil law concepts - not inapplicable

The Court cautioned that the phrase "cause of action" in Section 138 should not be assigned the same interpretation provided under civil law. Relying on Section 178 of the CrPC, the Court held that territorial jurisdiction in criminal matters, including under the Act, is determined solely by location of the commission of offence.

Commission of Offence

Relying on the decision in Harman, the Court held that the offence is committed when a cheque is drawn by an accused in discharge of debt or liability and such cheque is returned unpaid for insufficiency of funds or the amount exceeds the arrangement made with the bank. Its cognizance can be taken by the court only when:

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the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

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the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

bullet

the drawer of such cheque fails to make the payment of the said amount of money to the payee or as the case may be, to the holder in due course of the cheque within fifteen days of the receipt of the said notice.

Jurisdiction with Court where Drawee Bank situated

The Court concluded that under Section 138 of the Act, the offence is committed when the drawee bank returns the cheque unpaid. The proviso to Section 138 of the Act, merely postpones the prosecution of the offender till the time that he fails to pay the amounts within 15 days of the statutory notice.

The place of commission of the offence would be the place where the drawee bank is located (and, consequently, where the cheque is dishonoured). Thus, courts of such place would have the territorial jurisdiction to try the offence under the Act.

The Court clarified that nothing would prevent an aggrieved person from availing other remedies under the Indian Penal Code or the CrPC. Where a payee was able to establish that the inducement for accepting a cheque which subsequently was dishonoured had occurred where he resides or transacts business, he will not have to suffer the travails of journeying to the place where the cheque had been dishonoured.

Pending Cases

Having decided the issue of appropriate territorial jurisdiction, the Court considered the various options available in regard to the cases that are pending before the various Courts in India. The Court held that:

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where proceedings had progressed to the stage of recording of evidence or beyond, the proceedings would continue before the same courts and it would be deemed that the Court had transferred the case from the court of proper jurisdiction to the court where such case was pending.

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for the remaining cases, including where the accused had not been properly served, the complaints would be returned to the complainants for filing in the proper court. If such complaints are filed within 30 days of their return, they shall be deemed to have been filed within the limitation period (unless the initial complaint was itself time barred).

ANALYSIS

This decision of the Court clarifies a very contentious issue pertaining to the offence of dishonour of cheques under Section138 of the Act. Going forward, a party desirous of filing a complaint for dishonour of a cheque will only be able to file a complaint in the court having territorial jurisdiction.

There will also be a return of pending cases (where recording of evidence has not yet begun). The complainant will be required to file the complaint before the appropriate court within 30 days of such return. Return of proceedings may also lead to further procedural red-tape and consequential delays. In some instances, a complainant may now find it cumbersome to prosecute a complaint before the appropriate court, which may well be in another city.

While a complainant will not be able to file multiple complaints before different courts which could harass an accused, a possible consequence may also be a significant shift in the acceptability of a cheque drawn on an inconveniently located bank. Additionally, in cases of intra-state business dealings, creditors may well prefer to avoid any such potential complications and press for alternative and risk-less payment.

Footnotes

1 Criminal Appeal No. 2287 of 2009, decided on August 1, 2014

2 (1999) 7 SCC 510

3 (2009) 1 SCC 720

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

(4) 12 Little Known Laws of Karma That will Change Your Life 

Mr UC Desai, Ahemdabad has sent the following useful piece:-

12 Little Known Laws Of Karma That Will Change Your Life 

What is Karma? Karma is the Sanskrit word for action. It is equivalent to Newton’s law of ‘every action must have a reaction’. When we think, speak or act we initiate a force that will react accordingly. This returning force maybe modified, changed or suspended, but most people will not be able eradicate it.


This law of cause and effect is not punishment, but is wholly for the sake of education or learning.

A person may not escape the consequences of his actions, but he will suffer only if he himself has made the conditions ripe for his suffering. Ignorance of the law is no excuse whether the laws are man-made or universal.

To stop being afraid and to start being empowered in the worlds of karma and reincarnation, here is what you need to know about karmic laws.

1. THE GREAT LAW
- “As you sow, so shall you reap”. This is also known as the “Law of Cause and Effect”.
- Whatever we put out in the Universe is what comes back to us.
- If what we want is Happiness, Peace, Love, Friendship… Then we should BE Happy, Peaceful, Loving and a True Friend.

2. THE LAW OF CREATION
- Life doesn’t just HAPPEN, it requires our participation.
- We are one with the Universe, both inside and out.
- Whatever surrounds us gives us clues to our inner state.
- BE yourself, and surround yourself with what you want to have present in your Life.
 

3. THE LAW OF HUMILITY
- What you refuse to accept, will continue for you.
- If what we see is an enemy, or someone with a character trait that we find to be negative, then we ourselves are not focused on a higher level of existence.

4. THE LAW OF GROWTH
- “Wherever you go, there you are”.
- For us to GROW in Spirit, it is we who must change – and not the people, places or things around us.
- The only given we have in our lives is OURSELVES and that is the only factor we have control over.
- When we change who and what we are within our heart our life follows suit and changes too.

5. THE LAW OF RESPONSIBILITY
- Whenever there is something wrong in my life, there is something wrong in me.
- We mirror what surrounds us – and what surrounds us mirrors us; this is a Universal Truth.
- We must take responsibility what is in our life.

6.THE LAW OF CONNECTION
- Even if something we do seems inconsequential, it is very important that it gets done as everything in the Universe is connected.
- Each step leads to the next step, and so forth and so on.
- Someone must do the initial work to get a job done.
- Neither the first step nor the last are of greater significance,
- As they were both needed to accomplish the task.
- Past-Present-Future they are all connected…

7. THE LAW OF FOCUS
- You can not think of two things at the same time.
- When our focus is on Spiritual Values, it is impossible for us to have lower thoughts such as greed or anger.

8. THE LAW OF GIVING AND HOSPITALITY
- If you believe something to be true,then sometime in your life you will be called upon to demonstrate that particular truth.
- Here is where we put what we CLAIM that we have learned, into actual

9. PRACTICE. THE LAW OF HERE AND NOW
- Looking backward to examine what was, prevents us from being totally in the HERE AND NOW.
- Old thoughts, old patterns of behaviour, old dreams…
- Prevent us from having new ones.

10. THE LAW OF CHANGE
- History repeats itself until we learn the lessons that we need to change our path.

11. THE LAW OF PATIENCE AND REWARD
- All Rewards require initial toil.
- Rewards of lasting value require patient and persistent toil.
- True joy follows doing what we’re suppose to be doing, and waiting for the reward to come in on its own time.

12. THE LAW OF SIGNIFICANCE AND INSPIRATION
- You get back from something whatever YOU have put into it.
- The true value of something is a direct result of the energy and intent that is put into it.
- Every personal contribution is also a contribution to the Whole.
- Lack lustre contributions have no impact on the Whole, nor do they work to diminish it.
- Loving contributions bring life to, and inspire, the Whole.
By: Steven Bancarz
 
===================================================

From U.C.DESAI  09374556625

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DRT Solutions Weekly Mail – 329th Issue dated 29th August ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1) National Lawyers’ Association Campaign for Judicial Transparency & Reforms – Press Release in Mumbai – Latest Development

The latest development is contained in the Press Release by the said Association under the leadership and guidance of Mr Mathews, Advocate, Mumbai given below at the end of this mail at Item No 4 which is self explanatory. All the borrowers, guarantors and their advocates should support this movement. The contact details are M- 98205 35428, E-mail - aminrohini@gmail.com,   and mathewsjnedumpara@gmail.com and Office Address - 304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Lion Gate, Fort Mumbai- 400 023

 

(2) Rs 1.44 Lac Crores stuck as Cases Pile Up in DRTs

 

The following news item is self explanatory:-

 

FIRST PUBLISHED: FRI, AUG 22 2014. 12 31 AM ISTHOME»  INDUSTRY

 

Rs1.44 trillion stuck as cases pile up at debt tribunals With bad loans rising sharply and bankers turning tough on company founders, the number of cases being taken to debt tribunals is likely to rise 

http://www.livemint.com/Industry/NZuA2lGw14976GioZpjKwK/Rs144-trillion-stuck-as-cases-pile-up-at-debt-tribunals.html

 

Mumbai: In 2009, discount retailer Subhiksha Trading Services Ltd went bust as India’s economic growth slowed in the face of the global financial crisis. The once celebrated retail venture, promoted by R. Subramanian, owed banks Rs.750 crore. With the company unable to repay the money and little hope of a revival in its business, creditors approached a debt recovery tribunal (DRT)—the last refuge of banks seeking to recover funds from defaulters. In 2010, 10 lenders, namely Development Credit Bank, Bank of India, Federal Bank Ltd, HSBC Holdings Plc.’s India unit, HDFC Bank Ltd, Bank of Baroda, Kotak Mahindra Bank Ltd, IndusInd Bank Ltd, Royal Bank of Scotland Plc.’s local arm and Yes Bank Ltd all filed cases with the Chennai DRT. In the same year, another high-profile case, involving entertainment firm Pyramid Saimira Theatre Ltd, went to the Chennai DRT. In 2009, the Securities and Exchange Board of India (Sebi) found it guilty of inflating profits, forging documents and stock-price manipulation. Once again, lenders were left with no option but to approach the DRT, and IndusInd Bank and UCO Bank filed cases against Pyramid Saimira. The exact amount Pyramid Saimira owed creditors could not be ascertained. Four years later, not a rupee has been recovered by lenders of either company. “We have written off the loan and we do not expect much in terms of recovery,” said a lender to Subhiksha, who declined to be identified. The two cases are among the 42,819 cases pending before the 33 DRTs in the country as of 31 March 2013—the latest data available in the public domain. The amount stuck is Rs.1.44 trillion and could rise further when more recent data is made available. With bad loans rising sharply across the banking system over the last couple of years and bankers turning tough on company founders, the number of cases being taken to DRTs is likely to rise. As of 30 June, gross non-performing assets (NPAs) of 40 listed banks stood at Rs.2.52 trillion, up 21% from Rs.2.08 trillion a year ago. But the track record of existing DRTs and the infrastructure provided to them has been anything but encouraging, as is evident from the number of cases still pending before them. DRTs were first set up under the Recovery Of Debts Due to Banks and Financial Institutions Act, 1993, also known as the DRT Act. The DRT functions as a quasi-judicial body intended specifically for facilitating debt recoveries by banks. Under the existing norms, a DRT is supposed to dispose of a matter referred to it within 180 days of the receipt of an application. But this rarely happens, said bankers and lawyers that Mint spoke to. “There are a lot of problems with the DRTs. First, we need additional benches of DRTs to cope with the rising number of cases. Second, the DRT procedures need to be streamlined to prevent delays in disposing of a case”, said Supreme Court advocate and corporate lawyer H.P. Ranina. Bankers say one of the biggest problems facing DRTs is the lack of sufficient staff. According to a finance ministry letter dated 18 December 2013, addressed to the registrar generals of all the high courts of India, vacancies for a presiding officer exist at DRTs in Chandigarh, Delhi, Jabalpur, Nagpur and Patna. The letter, written by Rajeev Sharma, under secretary in the department of financial services, advised the registrars to set up a panel for any unforeseen vacancies that may come up by 30 September at a number of other centres including Ahmedabad, Bangalore, Chennai, Ernakulam, Hyderabad and Mumbai. A copy of the letter has been reviewed by Mint. “How are cases supposed to be heard if there is no presiding officer at the DRT?” asked an official at a public sector bank on condition of anonymity. The presiding officer hears the cases at DRTs, while all the other officials of the tribunals discharge their functions under the oversight of the presiding officer, according to the DRT Act. Along with the lack of adequate staff, the heavy backlog of cases means these tribunals find it difficult to dispose of cases within the stipulated 180 days. The three tribunals in Mumbai, for instance, had 3,632 cases pending as of 31 March 2013, involving loans worth Rs.43,400 crore. Kolkata’s three tribunals had a backlog of 11,212 cases with loans worth more than Rs.20,600 crore pending at the end of FY13. K.K. Ganguly, a Kolkata-based lawyer who has represented several banks and borrowers at the DRT, said: “The tribunal here is overburdened with cases. Cases have been pending since 2001.” Allahabad Bank’s case against Purbachal Traders, United Bank of India’s case against Emco Rubber Industries and ANZ Grindlays Bank’s case against Allied Engineers, all filed in 2001, are still being heard at the Kolkata DRT, information available on the tribunal’s website showed. Ganguly said he has been fighting a case since 2001 involving a claim of Rs.31 lakh made by a public sector bank against a Kolkata-based company. “The case is still pending in the DRT. I won’t give you the name of the bank involved. It will open a can of worms,” he said. “Borrowers eventually come to us for a one-time settlement after the case drags on for years. Often the settlement is much lower than the loans due to us. So the recovery which eventually happens is not because of the swift action of the tribunals, but because people get tired of waiting,” said a senior official at a Mumbai-based public sector bank on condition of anonymity. Recognizing the need to strengthen the debt recovery process, the government has announced the setting up on more DRTs and is also working in strengthening debt recovery laws. In his budget speech on 10 July, finance minister Arun Jaitley announced that six new DRTs would be set up in Chandigarh, Bangalore, Ernakulum, Dehradun, Siliguri and Hyderabad. The finance ministry is also working on improving debt recovery laws such as the Securities and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, so as to give more powers to lenders in dealing with defaults. A new bankruptcy law may also be in the works. In a speech earlier this month, Reserve Bank of India governor Raghuram Rajan said India needs better laws to deal with companies that have gone bankrupt. “We need a bankruptcy code. We need equity to be seen as equity and debt to be seen as debt. Today there’s a lot of confusion... We need that confusion to be changed,” Rajan said. 

 

 (3) Stay Healthy Without Medicine

 

Mr UC Desai from Ahemdabad has sent the following useful item:-

STAY HEALTHY WITHOUT MEDICINE 

A world without medicines could be a boon : -

 DR.B.M.HEGDE 


Some people often appear concerned about a future without medicines. Their fear is that drug companies may no longer have enough incentive to develop and market good medicines unless they are allowed to manufacture and sell them under generic names. Indeed, generic drugs could check the power of the pharma lobby to sell their patented medicines at prices that are thousands of times their real cost.

The fear is an unfounded one. As a doctor and teacher, every day I pray for a world without reductionist chemical medicines. 

The leading causes of death today seem to be the adverse drug reactions of those reductionist molecules.

Most, if not all, diseases begin in the human mind: that is the only reality in this world of biocentrism. This world is created by our consciousness. In this context, there is no room for any reductionist thinking.

Take the example of high cholesterol levels being considered a sign of disease. If your cholesterol level goes up, no one asks or answers the question why it went up in the first place. We have a limited reductionist thinking: if the level goes up, it needs to be brought down. We therefore create drugs, which create misery through their side-effects.

Functions of cholesterol

Cholesterol has many functions and it is created in the liver for our own survival. Trillions of body cells have their cell membrane made up of it. Billions of cells age and die daily and are replaced: this process requires cholesterol. It is needed to manufacture steroids, or cortisone-like hormones. This, in turn, controls myriad bodily functions. Bile acids are manufactured in the liver with the help of cholesterol. These are essential for the digestion and absorption of the fat-soluble vitamins.

Cholesterol is needed for the formation of the myelin sheath, a neuron consisting of fat-carrying cells that insulate the axon from electrical activity. This ensures the proper functioning of our brains by aiding the routes of electrical impulses.

The absence of cholesterol might lead to memory loss and difficulty in focussing. Cells cannot talk to one another without the help of cholesterol. The levels of such a vital substance, 80 per cent of which is produced in the liver, cannot be lowered forcibly by drug use, without causing serious collateral damage.

The body produces excess cholesterol only when the need arises. When one needs more steroids, bile acids, myelin, and cortisol, the liver puts more cholesterol in circulation. Steroids and cortisol levels go up when one is in the fright-flight-fight mode. Anger, jealousy, fear, greed, hostility, pride and super-ego produce the fight-fright-flight state. Cortisol is needed when you see a tiger in a forest, in order to arouse your defence mechanisms, and not on a chronic basis. Of course, if one is in that dangerous mode on a daily basis the cholesterol level goes up.

Liver responds

Overeating, especially of fatty food, necessitates more bile acids to aid digestion. The liver responds by producing extra cholesterol to assist in making fatty acids in the liver. Sedentary living does not encourage cholesterol catabolism.

When the question, why does the cholesterol level go up in the first place, is viewed holistically, the foolish (reductionist) need for drugs to lower cholesterol disappears. All that one needs to do is to get into the parasympathetic mode in daily life with exercise and moderate eating. Together these will obviate the need for high cholesterol production by the liver.

There is a double whammy here. The load on the liver to produce extra cholesterol in the fight-flight-fright mode is removed, saving it from chronic damage. And the need for anti-cholesterol drugs disappears.

One can enjoy a proper and hearty meal as long as one remains within limits. There is no need to shun any food, including fatty ones, when consumed in moderation. The immune system, the body’s inner healer, works wonders in wherever physiology goes astray — as long as we live sensibly and in tune with nature.
Paul Dudley White, the American physician and cardiologist, wrote: “A vigorous five-mile walk will do more good for an unhappy but otherwise healthy adult than all the medicine and psychology in the world.” That should be food for thought.

hegdebm@gmail.com

Padmabhushan Dr. Belle Monappa Hegde

MBBS (Madras), MD (Lucknow), FRCP (London), FRCP (Edinburgh), FRCP (Glasgow), FRCPI (Dublin), FACC (USA) and FAMS

Former Principal of Kasturba Medical college and latter Vice chancellor of Manipal University. 

 ========================================

From : U.C.DESAI (M) 09374556625 Ahmedabad

(4) National Lawyers’ Association – Latest Press Release

 

The said Press Release is reproduced below:- 

 

THE NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS

304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Lion Gate, Fort Mumbai- 400 023

E-Mail: aminrohini@gmail.com mathewsjnedumpara@gmail.com

Cell # +91 98205 35428

Mathews J. Nedumpara

President

Mrs. Rohini M. Amin

Vice President     

 Mumbai

         Ms. Sophia Pinto         

Vice President

Bangalore

K. Lingaraja

Vice President Delhi

A. C. Philip

Vice president, Cochin

 Navaneetha Krishnan T

General Secretary

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


PRESS RELEASE

 

The National Lawyers Campaign for Judicial Transparency and Reforms and its sister organization National Peoples Campaign for Judicial Transparency and Reforms, in continuation of the nation-wide campaign for a transparent, efficient and clean judiciary, conducted a one-day campaign in Mumbai at Marathi Patrakar Sangh, Opposite Chief Metropolitan Magistrate Court, Chhatrapati Shivaji Terminus, Fort, Mumbai-400 001 at 4.00 p.m. today, the 22nd August, 2014.  The campaigners unanimously resolved to support the Constitution (121stAmendment) Bill, 2014 and the National Judicial Appointment Commission Bill, 2014, which both Houses of the Parliament have unanimously passed, aiming to bring an end to the cabal system of appointment of Judges to the higher judiciary, whereby Judges appoint themselves and which has in actual practice meant the Judges appointing their kith and kin, so too of the celebrated lawyers, big law firms, which rule out diversity which is so sacrosanct in a constitutional democracy.  The campaigners in most categorical terms deplored the Writ Petition by Supreme Court Advocates on Record Association; a shadow work of certain senior lawyers, with the open support of celebrated lawyers like Fali Nariman and the like.  

                The campaigners felt that the Constitution (121st Amendment) Bill, 2014, by which Article 124A is introduced in the Constitution, which speaks about a six member National Judicial Appointment Commission, is too heavily loaded in favour of the judiciary with the Hon'ble Chief Justice of India (CJI) and two of his seniormost colleagues constituting 50% of the composition of the Commission, with the executive represented by the Union Minister for Law & Justice as its sole ex-officio member.  The campaigners also took note of the fact that in the Committee to be constituted to nominate two eminent members who are part of the NJC, the CJI along with the Prime Minister and the Leader of the single largest party being the sole members, even in the selection of the two eminent persons who are to be part of the Commission, the judiciary has a big say.  The campaigners felt it shocking that as eminent a lawyer as Fali Nariman and the Supreme Court lawyers, the bar being the qui vi sentinel of the freedoms and liberties, nay, the very democracy itself, should oppose the National Judicial Appointment Commission Bill, 2014; so too the Constitution (121st Amendment) Bill, 2014, than wholeheartedly supporting, nay, canvassing for the same. 

                The campaigners led by S/Shri Mathews J. Nedumpara, J.D. Sohal, Anant Chandavarkar, Mrs. Kalpana Springwalla, Mrs. Rohini Amin, Shri Navaneetha Krishnan and others resolved that they should oppose the so-called PIL challenging the National Judicial Appointment Commission Bill, 2014; so too the Constitution (121st Amendment) Bill, 2014 and should conduct a nation-wide campaign to educate people and mobilize public support in favour of the Bills and other reforms in the realm of judicial transparency.  The campaigners regretted that the instrument of PIL has been abused and brought to such a ridiculous use that a section of the Bar use it for tearing off of Articles 124 and 217 of the Constitution which the Founding Fathers, great visionaries, enacted after great deliberations, without any public debate on the subject.  The campaigners felt that PIL has become a “ravenous wolf in sheep's clothing”.  The campaigners have also condemned the practice of issues affecting the public at large being decided by Courts in so-called PILs without notice to the public at large and without they being afforded an opportunity to be heard.

                In the press conference, a blueprint of video-recording of Court proceedings was presented and explained.  To put in a nutshell, video recording of Court proceedings, right from the Supreme Court upto the lowest Court, can be implemented in a few days’ time with literally no cost since the Supreme Court, High Courts and Tribunals are already interlinked by electronic network.  Therefore, what is required is installation of cameras and sound recording systems.  The campaigners thank the Hon'ble CJI for agreeing to consider the issue of video-recording of Court proceedings and the request he made to submit a blueprint thereof.  Shri Anant Chandavarkar, an Electronic Engineer who has presented and explained the blueprint in the press conference, will seek an audience with the Hon'ble CJI and the Hon'ble Chief Justice of the Bombay High Court and other High Courts to present and explain the blueprint before them.

                The campaigners in all humility wish to underline the fact that the campaign like the instant one at the hands of lay people seeking judicial reforms, a transparent and clean citizen-friendly judiciary, is novel, for it is first such a campaign in India, nay, in the whole world.  It may be added that 50 campaigners from different parts of the country camped at Delhi in the first week of August, 2014 and met the Hon'ble CJI and Hon'ble Union Law Minister and eminent jurists like Justice Markandey Katju.

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DRT Solutions Weekly Mail – 328th Issue dated 22nd August ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1) National Lawyers’ Association Campaign for Judicial Transparency & Reforms requires Your Active Support – Mumbai Press Conference

 

The said Association under the leadership and guidance of Mr Mathews, Advocate, Mumbai

(M-09820535428; 09818248048 and L-02224036161) is doing pioneering work. The legal community as well as the borrowers and guarantors must actively support this movement as well as Mr Mathews whole heartedly. The Press Note for the proposed Press Conference in Mumbai on 22.08.14 is reproduced at item no (4) below. Further details details of the campaign and the group photo of the campaign may be seen vide link http://www.drtsolutions.com/Transform-India-Modi.htm

Incidentally this is just for your information that Mr Mathews delivered a lalk in the last All India DRT Conference held at Indore in 2011. Complete video record of the said talk is available in one of the DVDs of the said Conference.

 

(2) Govt to Amend SARFAESI and DRT Acts

 

The following news item is self explanatory:-

Government to amend SARFAESI and DRT Acts to help banks recover money

By ET Bureau | 21 Aug, 2014, 03.44AM IST

http://economictimes.indiatimes.com/news/economy/policy/government-to-amend-sarfaesi-and-drt-acts-to-help-banks-recover-money/articleshow/40524229.cms

MUMBAI: The finance ministry will back lenders in changing management of companies that wilfully default, tweak the rules of appointment of public sector bank chiefs, and make sure that bankers are not victimised. "A bona fide decision can also go wrong...we can't penalise a person for that. He has to be protected. Otherwise, no one will take decisions. 

So, we will protect the person where there is no collusion," GS Sandhu, secretary, financial services, said here on Wednesday. His comments come at a time decision-making at state-owned banks has slowed down amid fears that officers who sanction loans could be pulled up by the Central Vigilance Commission (CVC) if an account turns bad. 

In a separate development, Oriental Bank of Commerce and Dena Bank have initiated a forensic audit after it surfaced that Rs 436 crore has been misappropriated from fixed deposits of customers. Soon after Syndicate Bank CMD SK Jain was arrested over allegations of bribe against loan, the Central Bureau of Investigation (CBI) had raised concerns over the high quantum of bad loans in the banking system, indicating collusion between lenders and promoters. 

Speaking to newspersons at the annual general meeting of Indian Banks' Association (IBA), Sandhu said the government is also working towards amending the Debt Recovery Tribunal (DRT) and Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest (Sarfaesi) Act to arrest the surge in sticky loans. 

A change of management is very difficult in India, he said. "The tendency on the part of promoters is to stick to the unit. No matter what happens...even if they can't provide additional funding, or run it. But they will not move out. So we have to provide legal provision to force them to move out and bring in someone else who can bring additional capital, additional equity and run the unit and pay the money back to banks," he said speaking at the annual general meeting of IBA. 

He added that change of management will be applicable "wherever the borrower is not repaying deliberately... wilful defaulter. In those cases by legal force change of management can be done." On the appointment of PSU bank chiefs, Sandhu said the government is thinking of appointing CMDs for five years with a caveat that they will have to step down after three years for nonperformance. 

He was categorical that the government will not endlessly infuse capital to keep weak banks afloat. "Whether it is a private or public sector bank, it has to manage its affairs by generating revenues. The government can not endlessly keep on providing capital," he said. 

The Reserve Bank of India has estimated that private and public sector banks will require Rs 4.75-5 lakh crore by 2018 to adhere to Basel III norms — the global regulatory standard on bank capital adequacy ratio.

(3) Brain Useful Information

 

Mr UC Desai from Ahemdabad has sent the following useful information:-

About Brain Useful Information

The human brain is the single most complex thing in the known universe. Even in this time of medical wonders, we still have not been able to uncover the full secrets of this incredible organ. However, we do know some things about the most important organ in the body, and here are some interesting ones you should definitely know about:


1. The belief that humans only use 10% of their brains is incorrect. Each part of the brain has a specific function and the average person uses all the various parts of the brain.

2. Have you ever had such a headache it felt like your brain is going to explode? That's not actually your brain hurting, because the brain has no pain receptors at all. Mother nature assumes you don't need it because it's never exposed (thankfully) and is usually protected by our thick skull.

3.You must think that your buttocks are the fattiest part of the body, but it is in fact the brain with the most fat % in the body, about 60% of it is fat. 

4. The brain has a texture similar to tofu, and enough liquid to fill a 2 liter (half a gallon) tank.

5. Thought creates 'pathways' that connect different parts of the brain. The more we repeat a thought, the more that pathway will become more central, wide and stable. That is why it is important not to think over and over about negative things, because they become permanent, and strong, pathways in your mind, and the chances are will force themselves on you more and more.

6. We think about 70,000 thoughts a day. A large part of these are 'automatic' thoughts that we repeat a lot, using our most 'established' thought pathways.

7. Most people dream about 4-7 dreams a night. 50% of those dreams are forgotten in the first minutes after waking. And the one we remember is usually one we were either just dreaming or a mix of all the dreams we had put together. No wonder they always seem so confusing.

8. Sleep is usually the time the brain uses to organize and put together the memories is accumulated throughout the day. And so, in many cases, before making big decisions it's better to 'sleep on it'.

9. The messages between the various brain cells (neurons) are passed in the form of weak electrical pulses. The brain creates 23 watt of electricity while awake, enough to light a lightbulb.  


10. While we laugh, about 5 areas lit up in the brain simultaneously. So it's no laughing matter, laughing.

11. The reason tickling makes us laugh is that the brain becomes 'surprised' by this kind of touch, which is first interpreted as a threat. The uncontrollable laughter is actually a panic response by the body. That is why it's not possible to tickle ourselves.

12. The human brain has more 'wrinkles' and crevices than those of other animals. In this way, the brain gets more surface space, while staying at around the same size, and it is part of the reason for our increased intelligence. 

13. Brain cells, or neurons, are not only found in the brain, but exist everywhere in the body the brain needs to send orders to, and all of them are connected to the brain.

14. Some archaeological findings think that our cranium has gotten smaller over the ages, but that doesn't mean our brain has become less powerful, only more efficient.

15. The brain alone uses 20% of all the oxygen we breathe and over 25% of the sugar we consume. Meaning, deep thoughts might cost the body resources just like sports can. Who said chess players are not athletes too?

16. The female and male sexual hormones cause a different brain to develop. Studies have found siginificant difference in the brain functions of male and female during social situations, decision making, pressure situations and more.

17. The brain isn't fully developed until the teen years are over. Multitasking, showing empathy and good decision making are some of the skills that develop a little later. This, we're sure you'll agree - explains A LOT.

18. The brain is constantly changing. Damage to one part of it may cause that part to change to a different location in the brain, especially if you are a baby or a child. Beyond that, every thought, experience or skill we encounter and learn changes the structure of our brain.

19. Memories aren't built in a linear progression. We only remember 'pictures' or moments, and we put together a story from them ourselves. That is why it's tricky to trust your memory, because you may have done some 'editing' without knowing it.

========================

 

From U.C.DESAI (M) 09374556625 Ahmedabad

 

(4) National Lawyers’ Press Note for Proposed Press Conference at Mumbai

 

The said Press Note is reproduced below:-

 

THE NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS

304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Lion Gate, Fort Mumbai- 400 023

E-Mail: aminrohini@gmail.com mathewsjnedumpara@gmail.com

Cell # +91 98205 35428

Mathews J. Nedumpara

President

Mrs. Rohini M. Amin

Vice President     

 Mumbai

Ms. Sophia Pinto         

 Vice President

Bangalore

K. Lingaraja

Vice President Delhi

A. C. Philip

Vice president, Cochin

 Navaneetha Krishnan T

General Secretary

          


 


 


 


 

PRESS NOTE FOR THE PRESS CONFERENCE TO BE CONDUCTED

AN APPEAL TO LAWYERS, JUDGES, PRESS, LITIGANTS AND PUBLIC AT LARGE

1.                     The campaign for transparency and accountability organised jointly by our Association and National Peoples Campaign for Judicial Transparency and Reforms is the first ever of its kind since independence.  It is unique since the campaign is led by lay people and very ordinary lawyers since they felt that in order to bring in at least a modicum of fairness and accountability in judiciary, not to speak of regaining the past credibility which the institution of judiciary enjoyed in this country, it has become imperative for the ordinary people to come into the forefront, a campaign for it.  With an apology, it must be said that for decadence of the judiciary, nay, the administration of justice in this country, the third wing of the State, the cause is that its affairs are entirely left to lawyers and Judges and that too the celebrated lawyers and Judges of the higher judiciary and they holding the fort as their private domain.  This has led to ridiculous results.  The most respectful, nay, the celebrated voices of the legal profession like Fali Nariman, Soli Sorabjee, P.P. Rao, Venugopal, to name a few, moving the Supreme Court canvassing a proposition that Judges should appoint themselves, nay, even if they do not exactly ask for that, then by wholeheartedly supporting the judgments of the Supreme Court in Judges-2 and Judges-3 cases have brought in such a ridiculous proposition, with the sole exception of Justice Krishna Iyer.  This has led to a scenario where almost 60% of the appointments to the august office of Judges of the High Courts being cornered by kith and kin of Judges and many a families like Mujumdars, Dharmadhikaris and half a dozen members of a single family as Judges of the High Courts, with former Chief Justices and Judges of the Supreme Court managing to secure their sons and nephews appointed as Judges even at the age of 40 years, so that their progeny could reach the office of the Chief Justice or Judge of the Supreme Court or even as Chief Justice of India.  It has also led to a situation where High Courts, independent institutions, which are not subordinate to the Supreme Court, except that the Supreme Court is a Court of appeal against the orders of the High Courts, are reduced as subordinate Courts where the Chief Justices, apprehensive of their elevation to the Supreme Court, as Chief Justice U.L. Bhat has lamented in his autobiography, resorting to all sorts of means to please the senior Judges of the Supreme Court, who constitute the collegium. 

2.                     Since Rajiv Gandhi’s days, the country did not have a real executive, a Prime Minister who is confident of his authority, which meant gross abuse of a jurisdiction called PIL intended to enforce private rights of individuals who cannot approach the constitutional Courts for reasons of their poverty, illiteracy and other deprivations where a public spirited person acting pro bona is permitted to prosecute their cause and the High Courts and the Supreme Court intruding into the domain of the executive and the legislature and acting itself as the executive and the legislature by substituting itself decide issues affecting the public at large without notice to and hearing them, with the result thousands of slums are demolished, water and electricity connections are disconnected to them, slums set up prior to 1st January, 1995 are not to be regularized etc. 

3.                     Yet another ridiculous this is the ruling of the Supreme Court that no First Information Report shall be registered against a Judge of the Supreme Court or a High Court, be the offence alleged is corruption or molestation, without least intending to say that Judges commit such offences.  While the Judges arrogated to themselves the domain of the executive and legislature, tore the Constitution, invented a mechanism where they could appoint themselves, destroyed the institution of High Court, bringing a situation where the High Court Judges scramble to please the senior Judges of the Supreme Court to clear their elevation to the Supreme Court, the Supreme Court did nothing to discipline the errant Judges or to provide for a mechanism for addressing the ever-growing grievances of the public at large, lawyers and litigants of the gross abuse of power, misconduct, corruption, incompetence and the common complaints of the litigants and the bar of excessive interruption and threatening of lawyers, litigants and other improper behaviour of the Bench, except the so-called “in-house” mechanism known as Charter/Resolution called the “Restatement of Values of Judicial Life” passed by the Supreme Court of India in its Full Court meeting held on May 7, 1997, which was ratified and adopted by Indian Judiciary in the Chief Justices’ Conference 1999.  All this led to great erosion of the peoples’ faith in the Supreme Court and High Courts as impartial, independent, fair and people-friendly democratic institutions and the Bar of the Supreme Court, once known for its stalwarts adored for their integrity, independence and reputation, being substituted by a Bar of sycophants. 

4.                     The Contempt of Courts Act, 1971 and the concept of scandalizing Courts, a concept which has become obsolete even in the 19th Century, is so often used to suppress criticism against upright and bold press reporters or lawyers who are accused of committing contempt by scandalizing the Court.  They are advised to tender apology, and the freedom of press, nay, freedom of speech in so far as the institution of judiciary is concerned ceases to exist.  We no longer find a press willing to criticize a Court for fear of contempt of Court proceeding or a suit for damages at the hands of retired Judges.  Today, the press, which was once so outspoken, is reduced to a press which resort to sycophantic praise of the Judges, as if the democratic institution, the executive Government, will all fail unless the judiciary armed with the armament of PIL is there to enforce democracy and to oversee all sort of subject matters which fall in the executive domain – removal of hoardings from public places, demolition of unauthorized construction, protection of mangroves, monitoring prosecution of political leaders, bureaucrats etc. etc., all hailed by the press as yeoman service of the judiciary. 

5.                     The campaigners though have criticized the judiciary for abuse of jurisdiction and the senior lawyers and the press for pledging their independence and allowing themselves to be sycophants, that does not mean that everything is wrong with the judiciary or the bar or the press.  The criticism made above is only one side of the coin.  There is another side, all worthy to be stated.  The endeavour of the instant campaigners is to press for certain simple measures which nobody could press, at least in the open even while they may do so in private, to achieve greater transparency and accountability in judiciary.  The said measures are: 

a)            video-recording and simultaneous telecast of proceedings of all Courts and Tribunals in the country and in particular of the Supreme Court and High Courts, which could be done with least effort and expenditure and in no time, which could readily obtain an end to the misbehaviour from the Bench, its excessive interruption, threatening lawyers and litigants and all sorts of abuse, not merely by the Judges, but by lawyers and litigants too who do not behave well.  If video-recording and its simultaneous telecast is introduced, the stampede for the lawyer who wears silk, for the litigant public believe that a lawyer designated as a Senior Advocate alone has some chance of being heard and others are treated as underdogs, except for a couple of noble Judges, will come to an end.  There will thereafter be no lobbying by lawyers with 20/25 years of standing at the bar for designation as a Senior Advocate, which requires majority of votes of the Judges of the High Court or the Supreme Court, as the case may be; 

b)            Open selection of Judges of the Supreme Court and High Courts by advertisement of the vacancies, receipt of applications, scrutiny thereof and selection in a most open and transparent manner, so that the vast majority of eligible lawyers will have a fair opportunity to be considered, except of the current cabal system where kith and kin of Judges and senior lawyers alone are considered; 

c)            Restoration of freedom of speech by scrapping the most abused offence called scandalizing the Court; 

d)            Introduction of an effective mechanism for dealing with complaints of corruption, misbehaviour, incompetence etc., against Judges of the higher judiciary in which lay people have a participation, instead of whatever is the mechanism being reduced to a body of Judges and lawyers; 

e)            Transfer of Judges of the High Courts, re-introduction of the system where 1/3rd of the Judges of a High Court are from outside the State; even 1/3rd is not enough, it ought to be at least ½; 

f)             Bringing an end to the uncle Judges syndrome; make it mandatory that a Judge, who has his son or daughter or immediate relative practising in the High Court where he functions, is liable to be transferred to another High Court; 

g)            Repeal the concept of absolute impunity to Judges, and even for lawyers, and the impunity be confined to where they act bona fide; 

h)            Enact a law to make it expressly clear that Judges like other citizens are liable for prosecution and that a First Information Report is liable to be registered when Judges commit a cognizable offence which has nothing to do with discharge of their judicial function, like where they commit an offence under the Motor Vehicles Act or outraging the modesty of a woman or indulging in rave party, without least intending to suggest that Judges indulge in such offences. 

i)             Abolition of Tribunals and revitalizing and strengthening the institution of Civil Courts; 

j)             A common dress code for all lawyers and abolition of the concept of designation of lawyers as Senior Advocates; 

k)            Declaration of assets by Judges of the Supreme Court and High Courts; 

6.                     The suggestion at some quarters to amend the Constitution to undo the mischief brought in by the judgments in Judges-2 and Judges-3 cases is absolutely ridiculous a proposition.  If a judgment is to ridicule the Constitution or tear it off, the same is liable to be declared as void and it is not the Constitution which is to be amended. 

7.                     Who are the campaigners and what is the need for the campaign is a question, though very relevant, which need not be explained much because lawyers, litigants and public at large are fairly aware of it.  The only reason why the clamour of the public at large for greater transparency and reforms in judiciary has not received the kind of space in the press and public domain is the general fear of inviting the wrath of the Contempt of Courts Act, for lawyers fear that their practice may get adversely affected and litigants may invite hostile orders.  Another equally important reason is the reluctance to make personal sacrifices for a cause and, to an extent, indifference and even ignorance, as well.  The magnitude of the problem could be gauged from the fact that two weeks before, almost 50 citizens, lawyers included, from different parts of the country campaigned at Delhi, meeting the Hon'ble Chief Justice of India, the Hon'ble Union Law Minister and others urging them to bring about greater transparency in judiciary.  The demands made to the Hon'ble Chief Justice of India and the Hon'ble Union Law Minister are enumerated in paragraph 5 above.  It is a matter of great satisfaction that the Central Government, nay, the Parliament has acted with a sense of urgency about the cause of greater transparency in judiciary calls for and passed the National Judicial Accountability Bill and the Constitution (121st Amendment) Bill to give the National Judicial Appointment Commission the constitutional status.  It is said that while the public at large, media, lawyers, the ordinary citizens, all, hailed the said action on the part of the Government, the so-called jurists, the elite class of lawyers, grudged over it.  Shri Fali Nariman, whom the campaigners would love to be seen as a legend, has come in the open opposing it, saying that he will challenge the same in the Supreme Court once it becomes a law.  The campaigners respect and acknowledge Shri Nariman of his freedom of expression, but he and the elite lawyers, who are responsible for the judgment in Judges-2 case which brought in the most questionable system of Judges appointing themselves and had meant the tinkering with the Constitution, and his ilk are different from the great lawyers, the fearless, selfless, who are part of the freedom movement who never saw things through the narrow prism of the lawyer but from the wider perspective of the public at large.  The campaigners request the public at large to access the website of the Bombay High Court and find out who are the senior Judges.  Majority of them are kith and kin of former Judges.  Check the website of any other High Court; the scenario is not different.  After 1994, all those lawyers who are appointed as Judges at a young age and who could eventually become Chief Justice of a High Court and Judge of the Supreme Court are all kith and kin of former Judges.  Today at least two Chief Justices are sons of former Supreme Court Judges.  Compare the diversity we find in India and found in the rest of the world.  This campaign is not against Judges’ sons becoming Judges; this campaign is to secure greater diversity in the appointment of Judges to the superior judiciary and that is possible only when vacancies of Judges are notified, applications are invited and eligibility of the candidates determined.  Though we salute the Central Government for giving Parliamentary approval to the National Judicial Accountability Bill and the Constitution (121st Amendment) Bill, much more is required to be done.  This campaign is to muster general public opinion. 

8.                     It must be said to the credit of the Chief Justice of India and the Hon'ble Union Law Minister, whom the campaigners met two weeks before, that both of them in principle agreed for video-recording of Court proceedings and simultaneous telecast thereof; they did not give any commitment of its actual implementation, for the matter needs to be discussed with all stakeholders – in the case of the Chief Justice of India, with other Hon'ble Judges.  The Chief Justice of India was pleased to indicate that as a first measure, sound recording can be experimented.  However, we think that when a far greater advanced technology and that too at lesser cost in the form of video-recording is available, introducing sound recording may not be acceptable to the public at large.  We could contact experts within the country and outside as to the practical aspects of introducing video/sound recording of Court proceedings.  The Chief Justice of India has been pleased to ask us to give him a blueprint of the technology, so that it could be considered by him.  We could access to M/s. ____________, a US based Company which is engaged in the video-recording of proceedings of various Courts in USA.  Court proceedings and Parliamentary proceedings are video-recorded across the globe.  Shri Anant Chandavarkar, an Engineer, who has interacted with various Companies, experts and technicians on video-recording of Court proceedings, is eager to show to us the absolute feasibility and utility of video-recording of Court proceedings.

 9.                     Besides the points detailed in paragraph 5 above, there are certain issues which are specific to Mumbai.  They are:

 i)             Abolition of the division of Appellate Side and Original Side of the Bombay High Court and integrate them into one;

ii)            Construction of a new High Court building with adequate number of chambers for lawyers either by redeveloping part of the Fort area which is dilapidated or utilizing the vast swathe of land at Wadala which today is mosquito-breeding places but in Government records treated as non-development land.

 10.                    The above points have been further elaborated in the various representations/ letters sent by the Campaigners to the President of India, Prime Minister of India, Chief Justice of India and other high constitutional functionaries.  Copies of the same are enclosed.

             With kind regards,

                                          Yours sincerely,

         (Mathews J Nedumpara)

President

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DRT Solutions Weekly Mail – 327th Issue dated 15th August ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1) National Lawyers’ Campaign for Judicial Transparency & Reforms under Joint Leadership of Mr Mathews, Advocate, Mumbai; Mr Sohal, Industrialist, Mumbai and Office Bearers

 

The details of the campaign and the group photo of the campaign may be seen vide link http://www.drtsolutions.com/Transform-India-Modi.htm

Further details may be seen in the The Press Note and Thanks letter to Mr R.M. Lodha, Chief Justice, Supreme Court of India reproduced below at the item no 4 of this weekly mail.

(2) National Judicial Appointments Commission Bill : Curse is worse than the Disease

 

The following news item is self explanatory:-

 

National Judicial Appointments Commission Bill: The cure is worse than the disease

 

By – Suhas Chakma, Director, Asian Centre for Human Rights

Embargoed for: 13 August 2014

 

http://www.achrweb.org/Review/2014/242-14.html

The Government of India has passed the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014[1] seeking amendments to Articles 124, 127, 128, 217, 222, 224 and 231 of the Constitution of India and the National Judicial Appointments Commission Bill (NJACB)[2] , 2014 in the Lok Sabha today i.e. 13 August 2014. The Bills, if adopted by the Rajya Sabha, will replace the existing system of appointment and transfer of High Court and Supreme Court judges. The Supreme Court of India in the Three Judges Cases[3] laid down the guidelines for appointment and transfer of judges of the High Courts and the Supreme Court since 1993 through collegium system of the judiciary headed by the Chief Justice of India.

There is no doubt the collegium system has developed serious flaws. In direct reference to these flaws, the NJACB, 2014 is littered with words such as “ability” and merit”. The appointment and rejection of judges through the collegium system had been marred by personal preferences and rivalries of those selecting/appointing the judges. Justice Markandey Katju, current Chairperson of the Press Council of India, recently highlighted elevation of alleged corrupt judge Justice S. Ashok Kumar as a Madras High Court judge under the pressure of the Dravida Munnettra Kazhagam, a Tamil political party and an alliance partner of the previous United Progressive Alliance (UPA) government at the Centre. 

However, the cure being suggested for the ills of the collegium system is worse than the disease. The Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 and the NJACB, 2014 only establish the supremacy of the Executive over the judiciary in matters of appointment and transfer, for which India shall have to pay a heavy price. 

If certain Chief Justices had failed to stand up to pressure of then UPA Government, which itself was under pressure from the DMK, for the elevation of Justice S. Ashok Kumar, it is unlikely that in future, members of the National Judicial Appointments Commission shall be able to stand up to any government. Justice Katju failed to highlight that even under the collegium system many a judges were appointed because of the proximity to the Law Minister rather than ability and merit. 

In the final analysis, selection or rejection of a judge under the collegium system may not meet the litmus test of choosing the best judge because of “personal preferences” or “differences” of those who are selecting/appointing the judges but damage in such cases is limited to personal “preferences” or “differences”. However, when the Government through the Law Minister appoints or rejects judges because of political or ideological “preferences” or “differences”, the appointment and rejection of judges has the potential to impact the entire nation.

Unqualified “eminent persons” for the National Judicial Appointments Commission?

In order to address the problems with “ability and merit” in the collegium system, the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 proposes establishment of the National Judicial Appointments Commission. Apart from the Chief Justice of India serving as ex-officio chairperson, two other senior Judges of the Supreme Court next to the Chief Justice of India and the Union Minister in charge of Law and Justice, Section 3 of the proposed Bill inter alia provides that “(d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in the House of the People”. 

However, the selection of the “eminent persons” in the National Judicial Appointment Commission itself does not meet the test of objectivity on various grounds.

First, the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 fails to address the lack of confidence in the existing track record of the Government of India for selection of members of various National Commissions through a procedure as provided in the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014.

In 2010, the Government of India appointed Mr P J Thomas as Chairman of the Central Vigilance Commission despite opposition from then leader of the opposition in the Lok Sabha, Ms Sushma Swaraj on the ground that Mr Thomas was chargesheeted in the Palmolein old case. Thereafter, on 3 March 2011, the Supreme Court of India in the case of
  Centre for PIL & Anr. ... versus Union of India & Anr. (Writ Petition (C) No. 348 of 2010)[4] declared appointment of Mr Thomas as “non-est in law” and quashed his appointment. 

However, the Government of India failed to learn any lesson.  It appointed Justice Cyriac Joseph on 27.05.2013 and Mr Sarat Chandra Sinha on 08.04.2013 as members of the National Human Rights Commission despite then leaders of Opposition, Sushma Swaraj in the Lok Sabha and Arun Jaitley in Rajya Sabha, recording their dissent against their appointments. [5] 

Second, the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 fails to specify the criteria including educational qualifcation of the “eminent persons” except that one of them shall be a person “belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women”. That can never be the only criterion for selection of the eminent persons.

Third, the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 fails to lay down procedure for selection of the members of the National Judicial Appointments Commission. While the National Judicial Appointments Commission Bill, 2014 emphatically states that “
the Commission shall not recommend a person for appointment if any two members of the Commission do not agree for such recommendation”, there is no such provision to bar appointment of members of the National Judicial Appointments Commission in case any appointing committee member opposes. This is despite the judgement of the Supreme Court inCentre for PIL & Anr. ... versus Union of India & Anr. (Writ Petition (C) No. 348 of 2010) with respect to quashing of appointment of Mr P J Thomas as the Central Vigilance Commissioner.

Fourth, the Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 creates conflict of interest for the Chief Justice of India in his/her capacity as the ex-officio Chairman of the National Judicial Appointments Commission. Section 5 of the NJACB, 2014 provides that “a member of the Commission whose name is being considered for recommendation shall not participate in the meeting”. However, if such a person is appointed as Chief Justice of India, s/he may be required to adjudicate on the validity of the appointment of the “eminent persons” with whom he/she will be taking decisions on appointment and transfers of the judges.

The intention of the Government of India is suspect. The Bills are nothing but an attempt to wrest the appointment and transfer of judges from the judiciary and establish supremacy of the executive over the judiciary. 

It was none other than Justice P N Bhagwati, the most quoted Indian judge, who not only upheld in the 
ADM Jabalpur v. Shivkant Shukla case[6] that during emergency the right to habeas corpus can be suspended but also wrote a flattering letter to then Prime Minister Mrs Indira Gandhi as sitting judge of the Supreme Court describing her comeback following 1980 elections as "the reddish glow of a golden sunrise".[7] The history of Indian judges shows that Justice H R Khanna, the only judge who opposed the suspension of the right to habeas corpus during emergency in the ADM Jabalpur case, has been the exception while Justice Bhagwatis have been the rule.  

Insulating judiciary from political processes is indispensable for ensuring independence of judiciary. The Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 and the National Judicial Appointments Commission Bill (NJACB), 2014 exactly seek to do the opposite. The problems with the collegium system must be addressed by making the collegium system more transparent and accountable, and not by wresting the control for appointment and transfer of judges from the judiciary. 

The Constitution (One Hundred and Twenty-First Amendment) Bill, 2014 and the National Judicial Appointments Commission Bill (NJACB), 2014 should be opposed unless the supremacy of judiciary is restored and the judiciary is fully insulated from the political processes. The Bills should be referred to a Parliamentary Select Committee and wider consultation must be held with all the stakeholders.

Independence of judiciary is too sacrosanct to be compromised in any country claiming to be democratic and governed by the supremacy of the rule of law.

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1 . The Bill is available at http://www.prsindia.org/uploads/media/constitution%20121st/121st%20%28A%29%20Bill,%202014.pdf

2 .  The Bill is available at http://www.prsindia.org/uploads/media/national%20judicial/National%20Judicial%20Appointment%20comm%20bill,%202014.pdf

3 . The cases are S. P. Gupta v. Union of India - 1981 (also known as the Judges' Transfer case) and Supreme Court Advocates-on Record Association vs Union of India – 1993 and Special Reference 1 of 1998

4 . The judgement is available at http://indiankanoon.org/doc/310431/?type=print

5 . As cited in Two NHRC appointments in 2013 violated SC norms. The Times of India, 26 July, 2014.Available at http://timesofindia.indiatimes.com/india/Two-NHRC-appointments-in-2013-violated-SC-norms/articleshow/39016055.cms

6 . The judgement is available at http://indiankanoon.org/doc/1735815/

7 . Age of activism, 15 August 1985, India Today, available at  http://indiatoday.intoday.in/story/justice-p.n.-bhagwatis-appointment-as-chief-justice-of-india-widely-welcomed/1/354365.html

(3) Rub Your Stomach Away in 2 Minutes a Day?

 

Mr UC Desai, Ahemdabad has sent the following useful item:-

 

Rub Your Stomach Away in 2 Minutes a Day? 

Did You Know…… that you can rub your stomach away effortlessly using nothing but your hand — for only 2 minutes a day?

This may sound hard to believe, but Dr. Stephen Chang, an M.D. and Ph.D. who’s trained in both Western and Chinese medicine, states that this simple 2-minute internal exercise, which does not come from Western medicine, but rather from the wisdom of ancient Chinese sages — has been used successfully as a self-healing mechanism for over 6,000 years.

Whatever you do, don’t confuse this internal exercise with the external exercises of the Western world, such as sit-ups, crunches and other movements that only firm up the underlying stomach muscles … but do nothing to melt the fat surrounding those muscles.

According to Dr. Chang, losing weight is a simple matter of increasing the efficiency of the digestive system.  If you’ve ever wondered why you fail to shed pounds even when you reduce your food and/or caloric intake — the reason is because your digestive and eliminator y systems are not functioning efficiently.

The following 2-minute exercise works like a gentle colonial irrigation that helps speed up a sluggish digestive system (which usually carries at least 5 pounds of fecal matter within it), and this elimination of useless sludge has the effect of burning off excess fat.  The exercise effectively metabolizes the fatty tissues around the stomach and intestines, and flushes them out of your body through blood, sweat, urine, and feces. Here’s how to do the stomach-rubbing exercise: 

1)  Lie flat on your back on your bed or on the floor.  Take your top off  or pull it up so that your abdominal area is bare.

2)  Rub your hands together vigorously for about 15 seconds,
    or until they feel hot. Rub Stomach Away

3)  Place one of  your hands directly on your belly button and begin to rub in small  circles around your belly button, and gradually make the circles larger  Use fairly firm but comfortable pressure and rub  at a slow, even pace, approximately 1 circle per second.

4)  Concentrate on the heat building up in, around and throughout your stomach.

5)  Do about 40 to 50 circles, or for an approximate duration of 2 minutes or more.

Note:  It is important to keep the abdominal area warm while doing the exercise, especially during winter months when even heated indoor air tends to be cool.

For best results, do this routine twice a day for 2 minutes — first thing in the morning (before breakfast) and just before you go to bed.  Most people see noticeable results within 1 week of consistent practice.

According to Traditional Chinese Medicine (TCM), the stomach is the center of energy.  Massaging the stomach in the manner described above therefore accomplishes more than just melting away adipose tissue (fat).  It also …
     * stimulates the abdominal organs
     * helps speed up slow digestion and remedies constipation
     * increases blood circulation in the abdominal area
     * helps heal indigestion, nausea, diarrhea, vomiting and the adverse effects of overeating

Caution:  The stomach massage should not be practiced immediately after a heavy meal.
          Neither is it advisable for women who are pregnant, or have inflammation of the uterus, bladder, ovaries and Fallopian tubes; and individuals who have  the following conditions:  hypertension; stones in the gall bladder, kidneys
or bladder; general, femoral, inguinal and umbilical hernia; bleeding of the stomach, lungs or brain; or ulcers of the intestines and stomach.    

===================

From U.C.Desai (M) 09374556625  Ahmedabad

(4) Press Note and Thanks Letter by National Lawyers’ Association

 

These are reproduced below:-

THE NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS

304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Lion Gate, Fort Mumbai- 400 023

E-Mail: aminrohini@gmail.com mathewsjnedumpara@gmail.com

Cell # +91 9820 5354289 ,  022 22626634

Mathews J. Nedumpara

President

Mrs. Rohini M. Amin

Vice President     

 Mumbai

Ms. Sophia Pinto         

Vice President

Bangalore

K. Lingaraja

Vice President Delhi

A. C. Philip

Vice president, Cochin

 Navaneetha Krishnan T

General Secretary


 


 


 


 

PRESS NOTE    

1.                     The campaign for transparency and accountability organised jointly by our Association and National Peoples Campaign for Judicial Transparency and Reforms is the first ever of its kind since independence.  It is unique since the campaign is led by lay people and very ordinary lawyers since they felt that in order to bring in at least a modicum of fairness and accountability in judiciary, not to speak of regaining the past credibility which the institution of judiciary enjoyed in this country, it has become imperative for the ordinary people to come into the forefront, a campaign for it.  With an apology, it must be said that for decadence of the judiciary, nay, the administration of justice in this country, the third wing of the State, the cause is that its affairs are entirely left to lawyers and Judges and that too the celebrated lawyers and Judges of the higher judiciary and they holding the fort as their private domain.  This has led to ridiculous results.  The most respectful, nay, the celebrated voices of the legal profession like Fali Nariman, Soli Sorabjee, P.P. Rao, Venugopal, to name a few, moving the Supreme Court canvassing a proposition that Judges should appoint themselves, nay, even if they do not exactly ask for that, then by wholeheartedly supporting the judgments of the Supreme Court in Judges-2 and Judges-3 cases have brought in such a ridiculous proposition, with the sole exception of Justice Krishna Iyer.  This has led to a scenario where almost 60% of the appointments to the august office of Judges of the High Courts being cornered by kith and kin of Judges and many a families like Mujumdars, Dharmadhikaris and half a dozen members of a single family as Judges of the High Courts, with former Chief Justices and Judges of the Supreme Court managing to secure their sons and nephews appointed as Judges even at the age of 40 years, so that their progeny could reach the office of the Chief Justice or Judge of the Supreme Court or even as Chief Justice of India.  It has also led to a situation where High Courts, independent institutions, which are not subordinate to the Supreme Court, except that the Supreme Court is a Court of appeal against the orders of the High Courts, are reduced as subordinate Courts where the Chief Justices, apprehensive of their elevation to the Supreme Court, as Chief Justice U.L. Bhat has lamented in his autobiography, resorting to all sorts of means to please the senior Judges of the Supreme Court, who constitute the collegium. 

2.                     Since Rajiv Gandhi’s days, the country did not have a real executive, a Prime Minister who is confident of his authority, which meant gross abuse of a jurisdiction called PIL intended to enforce private rights of individuals who cannot approach the constitutional Courts for reasons of their poverty, illiteracy and other deprivations where a public spirited person acting pro bona is permitted to prosecute their cause and the High Courts and the Supreme Court intruding into the domain of the executive and the legislature and acting itself as the executive and the legislature by substituting itself decide issues affecting the public at large without notice to and hearing them, with the result thousands of slums are demolished, water and electricity connections are disconnected to them, slums set up prior to 1st January, 1995 are not to be regularized etc. 

3.                     Yet another ridiculous this is the ruling of the Supreme Court that no First Information Report shall be registered against a Judge of the Supreme Court or a High Court, be the offence alleged is corruption or molestation, without least intending to say that Judges commit such offences.  While the Judges abrogated to themselves (is it usurped to themselves?) the domain of the executive and legislature, tore the Constitution, invented a mechanism where they could appoint themselves, destroyed the institution of High Court, bringing a situation where the High Court Judges scramble to please the senior Judges of the Supreme Court to clear their elevation to the Supreme Court, the Supreme Court did nothing to discipline the errant Judges or to provide for a mechanism for addressing the ever-growing grievances of the public at large, lawyers and litigants of the gross abuse of power, misconduct, corruption, incompetence and the common complaints of the litigants and the bar of excessive interruption and threatening of lawyers, litigants and other improper behaviour of the Bench, except the so-called “in-house” mechanism known as Charter/Resolution called the “Restatement of Values of Judicial Life” passed by the Supreme Court of India in its Full Court meeting held on May 7, 1997, which was ratified and adopted by Indian Judiciary in the Chief Justices’ Conference 1999.  All this led to great erosion of the peoples’ faith in the Supreme Court and High Courts as impartial, independent, fair and people-friendly democratic institutions and the Bar of the Supreme Court, once known for its stalwarts adored for their integrity, independence and reputation, being substituted by a Bar of sycophants. 

4.                     The Contempt of Courts Act, 1971 and the concept of scandalizing Courts, a concept which has become obsolete even in the 19th Century, is so often used to suppress criticism against upright and bold press reporters or lawyers who are accused of committing contempt by scandalizing the Court.  They are advised to tender apology, and the freedom of press, nay, freedom of speech in so far as the institution of judiciary is concerned ceases to exist.  We no longer find a press willing to criticize a Court for fear of contempt of Court proceeding or a suit for damages at the hands of retired Judges.  Today, the press, which was once so outspoken, is reduced to a press which resort to sycophantic praise of the Judges, as if the democratic institution, the executive Government, will all fail unless the judiciary armed with the armament of PIL is there to enforce democracy and to oversee all sort of subject matters which fall in the executive domain – removal of hoardings from public places, demolition of unauthorized construction, protection of mangroves, monitoring prosecution of political leaders, bureaucrats etc. etc., all hailed by the press as yeoman service of the judiciary. 

5.                     The campaigners though have criticized the judiciary for abuse of jurisdiction and the senior lawyers and the press for pledging their independence and allowing themselves to be sycophants, that does not mean that everything is wrong with the judiciary or the bar or the press.  The criticism made above is only one side of the coin.  There is another side, all worthy to be stated.  The endeavour of the instant campaigners is to press for certain simple measures which nobody could press, at least in the open even while they may do so in private, to achieve greater transparency and accountability in judiciary.  The said measures are: 

a)            video-recording and simultaneous telecast of proceedings of all Courts and Tribunals in the country and in particular of the Supreme Court and High Courts, which could be done with least effort and expenditure and in no time, which could readily obtain an end to the misbehaviour from the Bench, its excessive interruption, threatening lawyers and litigants and all sorts of abuse, not merely by the Judges, but by lawyers and litigants too who do not behave well.  If video-recording and its simultaneous telecast is introduced, the stampede for the lawyer who wears silk, for the litigant public believe that a lawyer designated as a Senior Advocate alone has some chance of being heard and others are treated as underdogs, except for a couple of noble Judges, will come to an end.  There will thereafter be no lobbying by lawyers with 20/25 years of standing at the bar for designation as a Senior Advocate, which requires majority of votes of the Judges of the High Court or the Supreme Court, as the case may be; 

b)            Open selection of Judges of the Supreme Court and High Courts by advertisement of the vacancies, receipt of applications, scrutiny thereof and selection in a most open and transparent manner, so that the vast majority of eligible lawyers will have a fair opportunity to be considered, except of the current cabal system where kith and kin of Judges and senior lawyers alone are considered; 

c)            Restoration of freedom of speech by scrapping the most abused offence called scandalizing the Court; 

d)            Introduction of an effective mechanism for dealing with complaints of corruption, misbehaviour, incompetence etc., against Judges of the higher judiciary in which lay people have a participation, instead of whatever is the mechanism being reduced to a body of Judges and lawyers; 

e)            Transfer of Judges of the High Courts, re-introduction of the system where 1/3rd of the Judges of a High Court are from outside the State; even 1/3rd is not enough, it ought to be at least ½; 

f)             Bringing an end to the uncle Judges syndrome; make it mandatory that a Judge, who has his son or daughter or immediate relative practising in the High Court where he functions, is liable to be transferred to another High Court; 

g)            Repeal the concept of absolute impunity to Judges, and even for lawyers, and the impunity be confined to where they act bona fide; 

h)            Enact a law to make it expressly clear that Judges like other citizens are liable for prosecution and that a First Information Report is liable to be registered when Judges commit a cognizable offence which has nothing to do with discharge of their judicial function, like where they commit an offence under the Motor Vehicles Act or outraging the modesty of a woman or indulging in rave party, without least intending to suggest that Judges indulge in such offences. 

i)             Abolition of Tribunals and revitalizing and strengthening the institution of Civil Courts; 

j)             A common dress code for all lawyers and abolition of the concept of designation of lawyers as Senior Advocates; 

k)            Declaration of assets by Judges of the Supreme Court and High Courts; 

6.                     The suggestion at some quarters to amend the Constitution to undo the mischief brought in by the judgments in Judges-2 and Judges-3 cases is absolutely ridiculous a proposition.  If a judgment is to ridicule the Constitution or tear it off, the same is liable to be declared as void and it is not the Constitution which is to be amended. 

7.                     The above points have been further elaborated in the various representations/letters sent by the Campaigners to the President of India, Prime Minister of India, Chief Justice of India and other high constitutional functionaries.  Copies of the same are enclosed.

 

            With kind regards,                                                                             

Yours sincerely,

         (Mathews J Nedumpara)

President

 

THE NATIONAL LAWYERS’ CAMPAIGN FOR JUDICIAL TRANSPARENCY AND REFORMS

304, Hari Chambers, 3rd Floor, 54/68 SBS Marg, Near Lion Gate, Fort Mumbai- 400 023

E-Mail: aminrohini@gmail.com mathewsjnedumpara@gmail.com

Cell # +91 98205 35 428

Mathews J. Nedumpara

President

Mrs. Rohini M. Amin

Vice President     

 Mumbai

Ms. Sophia Pinto         

Vice President

Bangalore

K. Lingaraja

Vice President Delhi

A. C. Philip

Vice president, Cochin

 Navaneetha Krishnan T

General Secretary


 


 


 


 


 

11th August, 2014

 

To


 

Hon'ble Shri Justice R.M. Lodha,

Chief Justice of India,                     

Supreme Court of India,

New Delhi.

MAY IT PLEASE YOUR LORDSHIP:

 

                        I write this to not merely express formally my gratitude to Your Lordship for affording an audience to me, my colleague Mrs. Rohini M. Amin and fellow campaigner Shri Sohal, who could not join us to meet Your Lordship because of the hurdle he faced in securing an entry pass to the Supreme Court Building, but also to convey my great sense of admiration and reinforcement of my faith, which was subjected to certain amount of erosion, that the institution of judiciary is safe so long as Your Lordship remains to be the Chief Justice of India, though I feel painful that it is to last for a couple of months.  The gracious way in which Your Lordship received us, even while we are no celebrities, but, sorry to say, in the eyes of some of the Judges little worms, and the fact that Your Lordship was in agreement with the concerns we expressed made me feel so jubilant that I could not resist from expressing that once Your Lordship retires, Your Lordship will be there to lead us in the campaign for greater transparency and accountability in judiciary and the reforms which will make the judiciary a true institution which serves the people and their aspirations and not one which serves merely the interests of lawyers and Judges, a critic like me believes to be.  I was so happy when Your Lordship agreed with me that as a first measure in the long journey towards obtaining greater transparency in judiciary, sound recording can be introduced, albeit Your Lordship was pleased to hasten after deliberating with other Hon'ble Judges, lawyers and all stakeholders, and in saying so Your Lordship is absolutely justified.

 

2.                     Jubilant as we were, immediately after coming out of the Supreme Court Building, we consulted many an experts on the subject of sound recording.  They told us that the latest technology offers very high quality video capturing at extremely competitive price compared to good quality sound recording which will be far more expensive and in terms of quality nowhere near high quality video recording.  The cost of video recording and preservation thereof will be the same in the case of sound recording, so far as the cost of memory devices available today.  Again, when high quality, extremely cheap, video recording is readily available, adopting more expensive and inferior technology of sound recording would appear to be ridiculous, at least to the young generation of lawyers and public at large, who constitute to be the vast majority of Indians.  We are equally jubilant about the readiness with which Your Lordship accepted, though not in express words, our complaint that the system where Judges appoint themselves has led to the kith and kin of Judges being appointed and if sons of Judges are appointed at very young age, they constitute to be those who become senior Judges/Chief Justices even below the age of 55 years and there is a greater need for diversity. 

 

3.                     Before we met Your Lordship, we met the Hon'ble Law Minister Shri Ravi Shankar Prasad, who also received us, nay, large number of campaigners, as a group, most warmly and shared our concerns in the same way as Your Lordship has been pleased to share, and promised us to do all within his limitations.  Though Justice Markandey Katju probably doubted the correctness of what we said, namely, that the vacancies of the Judges of the Supreme Court of England are notified, applications are invited, even an application free is levied and an open transparent selection is made, the access which he could make to the website of the UK Supreme Court indicates the advertisement made on ________________.  In all humility, we, humble lawyers and the general public, lay people, disagree with the wisdom of celebrated lawyers like Soli Sorabjee, Fali Nariman, former Chief Justices of India et al that a Judicial Appointment Commission with representation of jurists would be a real substitution for an open selection, at least to the august office of the Judges of the Supreme Court and High Courts, to be made through advertisement of vacancies, which will enable all eligible lawyers to apply and which in the end, will ensure greater diversity – a Bench of the High Court consisting of Judges who are sons of taxi drivers, farmers, traders, teachers, lawyers, Judges, minorities, women etc.  The Judicial Appointment Commission certainly needs to be represented by lay people.

 

4.                     Your Lordship has been gracious enough to patiently hear the grievances which we made about the abuse of PIL, a “jurisprudence” meant to relax the concept of locus standi, so that a person acting pro bona publico can represent a slum dweller, a bonded labourer or prisoner who out of illiteracy, ignorance or poverty could not approach the constitutional Courts, being converted into orders being secured at the hands of publicity hungry individuals and NGOs like Janhit Manch, the Bombay Environmental Action Group etc., to demolish thousands of slums and water and electricity connections to thousands of homes being disconnected, without the affected parties being parties to the PIL and without they being heard, and the High Court, an institution where a subject could seek protection against executive action/abuse, is left with nowhere to go to secure protection against the Court, if I were to borrow an expression from Justice Krishna Iyer.

 

5.                     Your Lordship also very graciously received our passionate plea for restoration of freedom of speech and protection from the tyranny of the Contempt of Courts Act which has not allowed any sort of criticism, even academical ones, against the affairs of the judiciary and has reduced the press into too sycophantic about Courts.  Your Lordship has also been too gracious to hear our plea of the need to erase the impression that the one line observation in _______________ to the effect that no FIR be registered against Judges of the Supreme Court and High Courts has the effect of India being no longer a true democracy, for it means there could be two classes of citizens, the common man and the Judges, to the latter the laws of the land, the Criminal Procedure Code, Indian Penal Code, etc., are not applicable.  Your Lordship has been gracious enough to permit us to come forward with a blueprint of sound recording of Court proceedings.  While thanking Your Lordship for the openness and receptiveness with which Your Lordship treated us in spite of our total insignificance, we are certain that once Your Lordship realizes that video recording is far inexpensive, far more high in quality and one which is acceptable to psyche of the young generation of lawyers and public at large, Your Lordship would agree to the same.

 

6.                     Before I part with, I make one request and I may be forgiven for stating it bluntly and as strongly as I could.  As of today, in the affairs of the judiciary, Judges and senior lawyers alone are consulted and considered to be those who matter.  Between them and the young generation, there is a generation gap, as Justice Katju has told us, whose voices are not heard.  In all humility I claim that the campaigners represent the voice of the young generation.

 

7.                     Once again I thank Your Lordship for the most gracious, kind and friendly audience given to us.  When we came out of Your Lordship’s Chambers, we felt that the generation gap which Justice Katju hinted to us is far from true.  Your Lordship, to my mind, is one who can appreciate the aspirations of the young generation and one to whom we look forward while Your Lordship occupies the office of the Chief Justice of India to bring forth whatever changes are possible and particularly video recording of Court proceedings, which we consider so important, and once Your Lordship retires to lead us with the long and varied experience, wisdom and knowledge which Your Lordship possesses as a lawyer, Judge, Chief Justice of India, and the youthful heart and the willingness to receive ideas, no matter how insignificant is the person from whom it comes, which we endorse to our great pleasure in the audience which Your Lordship has been most gracious to grant us.

                        With respectful regards,

                                                                              Yours sincerely,

         Mathews J Nedumpara.

 

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DRT Solutions Weekly Mail – 326th Issue dated 8th August ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1) National Peoples’ Campaign for Judicial Transparency & Reforms under Joint Leadership of Mr Mathews, Advocate, Mumbai; Mr Sohal, Industrialist, Mumbai and Office Bearers

 

(a)   (1) Mr Mathews,J. Nedumpara, Advocate Mumbai, President of The National Lawyers’ Association for Judicial Transparency and Reforms

                      and

                 (2) Mr J. S. Sohal, Industrialist, Mumbai, DRT Borrowers Association, Mumbai 

forged an alliance and created a joint action plan for National Peoples’ Campaign for Judicial Transparency & Reforms during 6th to 8th August ’14 stay in Delhi by a group of advocates and borrowers by holding Road Shows and meaningful dialogues with the Law Minister, Union of India; Mr Markandey Katju; the Chief Justice, Supreme Court of India and eminent Jurists and Advocate as well as Press Conference at the end. 

(b)   A picture of the Road Show of the Campaigners camping in Delhi under the leadership of Mr Mathews, Advocate, Mumbai; and Mr Sohal, Industrialist, Mumbai and Office Bearers be seen on our web page vide link http://www.drtsolutions.com/Transform-India-Modi.htm  

(c)   The Spirited Campaigners called on the Law Minister and had a brainstorming session. 

(d)   The Electronic Media like TV Channels ‘Headlines Today’ covered their campaign. 

(e)   Their Press Conference will be held at Press Club of India at 4 PM on 8th instt. 

(f)    The campaigners during the above dialogues and interactions pressed for the following simple and effective measures for Judicial Transparency and Reforms:- 

(i)    Video-recording and simultaneous telecast of proceedings of all Courts and Tribunals in the country and in particular of the Supreme Court and High Courts.

(ii)   Open selection and appointment of Judges of the Supreme Court and High Courts by open advertisement.

(iii) A Judicial Ombudsman for effective dealing with complaints of corruption, misbehaviour, incompetence etc., against Judges of the higher judiciary

(iv)  Restoration of freedom of speech by repealing the Contempt of Courts Act, 1971;

(v)   Transfer of Judges of the High Courts, re-introduction of the system where at least 1/3rd of the Judges of a High Court are from outside the State

(vi)  Bringing an end to the uncle Judges syndrome; make it mandatory that a Judge, who has his son or daughter or immediate relative practising in the High Court where he functions, is liable to be transferred to another High Court;

(vii)Repeal the concept of absolute impunity to Judges, and even for lawyers, and the impunity be confined to where they act bona fide;

(viii)               Enact a law to make it expressly clear that Judges like other citizens are liable for prosecution and that a First Information Report is liable to be registered when Judges commit a cognizable offence which has nothing to do with discharge of their judicial function,

(ix)  Abolition of Tribunals and revitalizing and strengthening the institution of Civil Courts;

(x)   A common dress code for all lawyers and abolition of the concept of designation of lawyers as Senior Advocates;

(xi)  Declaration of assets by Judges of the Supreme Court and High Courts;

(xii)Enactment of law regulating PILs. 

(g)   The Delhi based Advocates and Borrowers may contact Mr Mathews (M-9820535428) and Mr Sohal (M-9322857060) to support above vitally important campaign for Judicial Reforms which should have been the first among all Reforms for our Democracy but totally ignored so far during past 64 years after creation and adoption of our constitution.

(2) Slow Moving Wheels of Indian Judiciary

 

The following news item is self explanatory:-

The slow moving wheels of Indian judiciary

An overburdened judicial system is taking longer to dispose cases

FIRST PUBLISHED: TUE, AUG 05 2014. 02 42 PM

http://www.livemint.com/Opinion/VlqmTLJ1UzNtmKd7BuRVbM/The-slow-moving-wheels-of-Indian-judiciary.html

The time taken for cases to come to trial in Indian courts is getting longer. The average percentage of cases pending trial in state high courts and lower courts has increased to 84.81% in 2013 compared with 82.8% a decade earlier. That is not only a function of increasing number of cases that are being filed but also because the judiciary has become slower in disposing off cases. The completion rate for cases has fallen to 13.19% in 2013 from 14.61% in 2003. If the percentage point increase doesn’t seem significant, note that the outstanding number of criminal cases before the judiciary was 9.71 million in 2013. These are just cases filed under the Indian penal code. A similar number of cases has been filed under special and local laws of states.

According to experts, an increase in certain crimes such as crimes against women and increase in the reporting of criminal activities, have both contributed to rise in the workload of the judiciary. At the same time, judicial infrastructure and the number of judges is inadequate to meet this rise. India has only 15 judges per million people, then Chief Justice of India Altamas Kabir said in 2013. That is a far cry from the 50 judges per million population recommended by the Law Commission in 2008 in its 120th report. It also pales in comparison to per capita judge availability in developed countries.

To be sure, there is a wide disparity in the percentage of cases pending trial in different states. For instance, in Tamil Nadu, only 65 out of 100 cases are pending for trial compared with West Bengal’s pendency rate of 96.4%. That is not only owing to unequal levels of judicial strength and infrastructure, but factors such as costs as well. “In Chennai, the court fees are huge, while in Gujarat it is lower so people can afford to litigate. Hence right from the beginning the Madras High Court has had a higher disposal rate,” said Arvind Datar, a Supreme Court lawyer.

Surprisingly, the proportion of cases that are stuck pending police investigations has little bearing in the ability of the courts to speedily finish trials. For instance, in Gujarat, where 92 out of every 100 cases are pending before the court, only 11.5% are waiting for police investigations to be completed. On the other hand, in Assam where 80 out of 100 cases are waiting to be picked up the court, about 59% of cases are awaiting police investigations. That said, inadequate strength of the police force has also played its part in the pile up of cases before the courts. Nineteen of the 24 states for which data is available recorded an increase in the proportion of cases awaitng police investigation over the past decade. The Law Commission report said that speedy investigation by the police has not been achieved due to reasons ranging from corruption within the system to the apathetic attitude of the officers in taking the case earnestly.

 In cases involving public figures or powerful personalities, trials and investigations are especially slow. Earlier this year, the Supreme Court had ordered timely completion of trials against MPs and MLAs facing corruption or other serious criminal charges. As per the directive, all such cases would have to completed within one year of framing the charges. But for the majority of cases in the country, the wait for disposal continues to be long. There is a need for alternate dispute resolution mechanisms to dispose cases speedily while strenghtening the prosecution mechanism and judicial infrastructure. After all, justice delayed is justice denied.

(3) Yeh Jindgi Na Milegi Dubara

 

Mr U.C. Desai, Ahemdabad sent the following important piece:-

Yeh jindgi na milegi dubara

Only if we can do half it , we will be successful in life, and if we do 75% great and 100% you will do well in life, enjoy it and do what you can.

1.Don't educate your children to be rich.
Educate them to be Happy.
So when they grow up they will know
the value of things not the price.

2. Best awarded words in London ...
"Eat your food as your medicines.
Otherwise you have to eat medicines
as your food"

3. The One who loves you will never leave you
because even if there are 100 reasons
to give up he will find one reason
to hold on.

4. There is a lot of difference
between human being and being human.
A Few understand it.

5. You are loved when you are born.
You will be loved when you die. 
In between You have to manage...!
6.Nice line from Ratan Tata's Lecture- 
If u want to Walk Fast, Walk Alone..!
But if u want to Walk Far, Walk Together..!!

7.Six Best Doctors in the World-
1.Sunlight, 2.Rest, 3.Exercise
4.Diet, 5.Self Confidence, 6.Friends
Maintain them in all stages of Life and enjoy

 8.henkghy life :

If you see the moon ..... You see the beauty of God ..... If you see the Sun ..... You see the power of God ..... And .... If you see the Mirror ..... You see the best Creation of GOD ..So Believe in YOURSELF..... :) :).

9.We all are tourists. God is our travel agent who has 
already fixed all our Routes Reservations estinations.
So! Trust him Enjoy the "Trip" called LIFE...

10.Our aim in life should be : 9 8 7 6 5 4 3 2 1 0
9-glass drinking water. 
8-hrs sound sleep. 
7-wonders tour with family. 
6-six digit income.
5-days work a week 
4-wheeler. (not the wheel chair!!!!)
3-bedroom flat 
2-cute children. 
1-sweetheart. 
0-tension! 

 Remember again...Yeh jindgi na milegi dubara 

Please save, forward and  put in practice...

U.C.DESAI  (M) 09374556625 Ahmedabad.

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DRT Solutions Weekly Mail – 325th Issue dated 1st August ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1) Transform India with Modi

 

‘Transform India with Modi’ an Online Citizen Community was formed by the BJP in May ’14 on the format of ‘Local Circles’. to enable the citizens of India to provide inputs to Narendra Modi and his leadership teamon what they should focus on in the next 100 days and one year. All citizen inputs would be collated, consolidated and submitted to the office of Mr Modi at regular intervals.

In a short span, this community has been joined by over 1,00,000 Indian citizens across India and overseas including people from various backgrounds. A large number of posts and comments have been received from the citizens.

In respect of ‘Legal and Judicial Reforms’, we have also posted 6 comments on the following topics:-

(1)   Judges highly overloaded.

(2)   Learn from USA and UK

(3)   Cadre for Advocates

(4)   Video Recording of the Court Proceedings

(5)   Control Govt Litigations

(6)   No Retirement Age for the Judges

The details of the above topics may be seen on our web site exclusive page by clicking the linkhttp://www.drtsolutions.com/Transform-India-Modi.htm    

Apart from the details of our posts, on the said web page, we have also reproduced the Issues identified, root causes identified as well as the solutions identified.

(2) Finace Ministry sets up Panel to give More Teeth to DRT Recovery Laws in order to make Debt Recovery More Effective

 

The following news item is self explanatory:-

 

Finance ministry sets up panel to give more teeth to debt recovery laws Panel to suggest changes in the existing laws to make debt recovery more effective

FIRST PUBLISHED: WED, JUL 30 2014. 08 56 PM Hndustan Times



http://webcache.googleusercontent.com/search?q=cache:http://www.livemint.com/Politics/fMBl9FO7jNgtWAi28xQNyL/Finance-ministry-sets-up-panel-to-give-more-teeth-to-debt-re.html?utm_source=ref_article

 

New Delhi: The finance ministry has constituted a panel to give more teeth to the debt recovery laws to effectively deal with wilful defaulters and check bad loans which have soared to Rs.2.40 trillion. A panel has been constituted by Department of Financial Services for suggesting changes in the existing laws to make debt recovery more effective, sources said.

 

The members of the panel entrusted to revisit existing debt recovery laws include Anurag Jain, joint secretary Department of Financial Services, former law secretary V.K. Bhasin, representatives of Debts Recovery Tribunal (DRT), Reserve Bank of India (RBI), Indian Banks’ Association (IBA) and bar associations, sources added. Besides, panel has been also assigned to draft a new statute with harsh penal provisions for wilful defaulters. The panel was set up to plug the loopholes in the current legal framework for debt recovery.

 

According to sources, there has been instances of promoters getting rich and companies becoming bankrupt and defaulting on bank loan repayment. The committee constituted would suggest amendments in Sarfaesi Act (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act) and RDDB Act (Recovery of Debts Due to Banks and Financial Institutions). Among other things, the panel would also recommend making penal provisions more stringent in case of wilful defaulters. Noting that the rising non performing assets (NPAs) of public sector banks is a matter of concern for the government, finance minister Arun Jaitley in the budget speech had announced setting up of six new Debt Recovery Tribunals at Chandigarh, Bengaluru, Ernakulum, Dehradun, Siliguri and Hyderabad. “Government will work out effective means for revival of other stressed assets,” he had said.

 

There are over 40,000 cases worth Rs.1.73 trillion pending before various courts and Debt Recovery Tribunals. In March 2014, the gross non-performing assets (GNPAs) in banking system gone up 4.4% from 3.8% of the total assets in the previous fiscal. The gross NPA of public sector banks jumped by a 39% to Rs.2.16 trillion at the end of March 2014 from Rs.1.55 trillion in the previous fiscal. However, gross NPA in case of private sector bank rose to a 13.76% to Rs.22,744 crore as compared to Rs.19,992 crore at the end of March 2013. During 2013-14, public sector banks recovered Rs.33,486 crore against the written-off amount of Rs.34,620 crore. PTI


(3) Justice Katju on Contempt of Court

 

The following article by Justice Katju is self explanatory:-


Justice Katju on Contempt of Court

It’s time to amend law on contempt of court

July 28, 2014, 3:06 AM IST Markandey Katju

http://blogs.timesofindia.indiatimes.com/satyam-bruyat/its-time-to-amend-law-on-contempt-of-court/

The present law of contempt of court in India is a hangover of the original law on this subject in England. This originated from an undelivered judgment of J Wilmot in 1765, where the judge said the power of contempt of court was necessary to maintain the dignity and majesty of judges and vindicate their authority.

But whence comes this dignity and authority of judges? In England, in feudal times, it came from the king, who was the fountain of justice, and would often decide cases himself. Later, when he had many other duties, he delegated judicial functions to his delegates, who were called judges. Thus, in a monarchy, the judge really exercises the delegated function of the king, and for this he requires the dignity, authority and majesty which a king must have, to secure obedience.

In feudal times, the king was supreme, and the people were his subjects. They could not criticize him, and such criticism was punishable.

In a democracy, however, this relationship is reversed. Now it is the people who are supreme (see Rousseau’s ‘Social Contract’), and all state authorities, including judges, are nothing but their servants.

Hence in a democracy there is no need for judges to vindicate their authority or display pomp and majesty. Their authority comes not from fear of contempt but from the public confidence, and this in turn depends on their own conduct, integrity, impartiality, and learning.

This view is accepted now even in England. As observed by Lord Salmon in AG vs Bbb (1981) A.C. 303, “The description contempt of court no doubt has a historical basis, but it is nevertheless misleading. Its object is not to protect the dignity of the court, but to protect the administration of justice”.

“Justice is not a cloistered virtue,” said Lord Atkin. “It must suffer the scrutiny and outspoken comments of ordinary men”.

In R. Vs. Commr. of Police (1968) 2 QB 150 Lord Denning observed, “Let me say at once that we will never use this jurisdiction to uphold our own dignity. That must rest on surer foundations. Nor will we use it to suppress those who speak against us. We do not fear criticism, nor do we resent it. For there is something far more important at stake. It is no less than freedom of speech itself…All that we ask is that those who criticize us should remember that, from the nature of our duties, we cannot reply to their criticism. We cannot enter into public controversy. We must rely on our conduct itself to be its own vindication”.

Sometimes an upright judge is unjustifiably criticized. The best course of action for such a judge is to ignore baseless criticism (but pay heed to honest and correct criticism). He should have broad enough shoulders to shrug off baseless comments without getting perturbed or influenced.

Once a British newspaper ran a banner headline calling the majority judges of the House of Lords who decided the Spycatcher case ( Attorney General vs. Guardian Newspaper, 1987 3 AllE.R.316) “YOU FOOLS”. Fali Nariman, who was present in England at that time, asked Lord Templeman, who was one of the majority, why the Judges did not take contempt action. Lord Templeman smiled, and said that judges in England took no notice of personal insults. Although he did not regard himself as a fool, others were entitled to their opinion.

In Balogh vs Crown Court at Albon (1975) AC 373, the defendant told the Judge “You are a humourless automaton. Why don’t you self destruct?”. The judge smiled, but took no action.

Now coming to the law of contempt in India, we find it is uncertain. Nariman described it in a speech as ‘Dog’s Law’.

He quoted Bentham, who said that when a dog does something nasty we beat him for it. Similarly, the laws in England become known only when someone is punished by the courts. The same is true about the law of contempt in India, and thus it is a standing threat to freedom of speech.

To illustrate, in Duda’s case AIR 1988 SC 1208, a Union Cabinet minister said that the Supreme Court sympathized with zamindars and bank magnates.

He further said, “FERA violators, bride burners, and a whole horde of reactionaries have found their haven in the Supreme Court” and that Supreme Court judges have “unconcealed sympathy for the haves”. No action was taken against him. Nariman asked whether if such a comment had been made by an ordinary man the court would have taken no action.

Moreover, in an earlier decision, in the case of Namboodiripad (former CM of Kerala), who accused Supreme Court judges of being biased in favour of the rich, (an allegation similar to that of the Union minister in Duda’s case) the court convicted Namboodiripad for contempt (AIR 1770 2015). Where is the certainty or consistency in the law ?

We have two provisions in our Constitution, Article 19(1)(a) which gives citizens freedom of speech, and Articles 129 and 215 which give the Supreme Court and High Court the power of contempt. How are these provisions to be reconciled. In my opinion, since Article 19(1)(a) is the right of the people who are supreme in a democracy, while Articles 129 and 215 are powers of judges, who are servants of the people, the reconciliation can only be done by holding that freedom of speech is primary, while the contempt power is only secondary.

It follows that the contempt power cannot be exercised because people are criticizing a judge. It can only be exercised if someone makes the functioning of the judge impossible eg if while a judge is hearing a case someone jumps on to the dias and tries to run away with the court file, or if he attacks or threatens a witness.

If someone calls a judge a fool inside the courtroom and goes away, in my opinion it is not contempt, for he has not stopped the functioning of the court.

But if he keeps shouting in court the whole day, and despite warning does not stop, he is obviously not letting the court function, and this would be contempt. After all disputes in society have to be adjudicated, and judges must decide cases to justify payment of salaries to them.

I submit that the time has come now for Parliament, the judiciary and others concerned to take a fresh look at the law of contempt of court in the light of what I have said above, and bring about necessary amendments.

(4) Dr Hinohara, Japan, turned 101 Last Year

 

The following useful item was sent by Mr U. C. Desai of Ahemdabad:--

 

Dr. Shigeaki Hinohara, Japan, turned 101 last year.

As a 97 year old Doctor, he was interviewed, and gave his advice for a long and healthy life.

Shigeaki Hinohara is one of the world's longest-serving physicians and educators. Hinohara's magic touch is legendary: Since 1941 he has been healing patients at St. Luke's International Hospital in Tokyo and teaching at St. Luke's College of Nursing.

He has published around 15 books since his 75th birthday, including one "Living Long, Living Good" that has sold more than 1.2 million copies. As the founder of the New Elderly Movement, Hinohara encourages others to live a long and happy life, a quest in which no role model is better than the doctor himself.

Doctor Shigeaki Hinohara's main points for a long and happy life: 

* Energy comes from feeling good, not from eating well or sleeping a lot. We all remember how as children, when we were having fun, we often forgot to eat or sleep. I believe that we can keep that attitude as adults, too. It's best not to tire the body with too many rules such as lunchtime and bedtime.

* All people who live long regardless of nationality, race or gender share one thing in common: None are over weight. For breakfast I drink coffee, a glass of milk and some orange juice with a tablespoon of olive oil in it. Olive oil is great for the arteries and keeps my skin healthy. Lunch is milk and a few cookies, or nothing when I am too busy to eat. I never get hungry because I focus on my work. Dinner is veggies, a bit of fish and rice, and, twice a week, 100 grams of lean meat.

* Always plan ahead. My schedule book is already full until 2014, with lectures and my usual hospital work. In 2016 I'll have some fun, though: I plan to attend the Tokyo Olympics!

* There is no need to ever retire, but if one must, it should be a lot later than 65. The current retirement age was set at 65 half a century ago, when the average life-expectancy in Japan was 68 years and only 125 Japanese were over 100 years old. Today, Japanese women live to be around 86 and men 80, and we have 36,000 centenarians in our country. In 20 years we will have about 50,000 people over the age of 100...

* Share what you know. I give 150 lectures a year, some for 100 elementary-school children, others for 4,500 business people. I usually speak for 60 to 90 minutes, standing, to stay strong.

* When a doctor recommends you take a test or have some surgery, ask whether the doctor would suggest that his or her spouse or children go through such a procedure.Contrary to popular belief, doctors can't cure everyone. So why cause unnecessary pain with surgery I think music and animal therapy can help more than most doctors imagine.

* To stay healthy, always take the stairs and carry your own stuff. I take two stairs at a time, to get my muscles moving.

* My inspiration is Robert Browning's poem "Abt Vogler." My father used to read it to me. It encourages us to make big art, not small scribbles. It says to try to draw a circle so huge that there is no way we can finish it while we are alive. All we see is an arch; the rest is beyond our vision but it is there in the distance.

* Pain is mysterious, and having fun is the best way to forget it. If a child has a toothache, and you start playing a game together, he or she immediately forgets the pain. Hospitals must cater to the basic need of patients: We all want to have fun. At St. Luke's we have music and animal therapies, and art classes.

* Don't be crazy about amassing material things.Remember: You don't know when your number is up, and you can't take it with you to the next place.

* Hospitals must be designed and prepared for major disasters, and they must accept every patient who appears at their doors. We designed St. Luke's so we can operate anywhere: in the basement, in the corridors, in the chapel. Most people thought I was crazy to prepare for a catastrophe, but on March 20, 1995, I was unfortunately proven right when members of the Aum Shinrikyu religious cult launched a terrorist attack in the Tokyo subway. We accepted 740 victims and in two hours figured out that it was sarin gas that had hit them. Sadly we lost one person, but we saved 739 lives.

* Science alone can't cure or help people. Science lumps us all together, but illness is individual. Each person is unique, and diseases are connected to their hearts. To know the illness and help people, we need liberal and visual arts, not just medical ones.

* Life is filled with incidents. On March 31, 1970, when I was 59 years old, I boarded the Yodogo, a flight from Tokyo to Fukuoka. It was a beautiful sunny morning, and as Mount Fuji came into sight, the plane was hijacked by the Japanese Communist League-Red Army Faction. I spent the next four days handcuffed to my seat in 40-degree heat. As a doctor, I looked at it all as an experiment and was amazed at how the body slowed down in a crisis.

* Find a role model and aim to achieve even more than they could ever do. My father went to the United States in 1900 to study at Duke University in North Carolina. He was a pioneer and one of my heroes. Later I found a few more life guides, and when I am stuck, I ask myself how they would deal with the problem.

* It's wonderful to live long. Until one is 60 years old, it is easy to work for one's family and to achieve one's goals. But in our later years, we should strive to contribute to society. Since the age of 65, I have worked as a volunteer. I still put in 18 hours seven days a week and love every minute of it.
===========================

Sir, this might have been mailed in past , even then for refreshment this is worth reading often , so the message is not forgotten and we may put in practice for happy , healthy long life.

U.CDESAI  09374556625  Ahmedabad

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DRT Solutions Weekly Mail – 324th Issue dated 25th July ’14

All Weekly mails right from 1st Issue to latest, click links below:-

 

Weekly Mails - 1-10  11-20  21-30  31-40  41-50  51-60  61-70  71-80 81-90 91-100 101-110 111-120 121-130 131-140 141-150 151-160 161-170 171-180 181-190 191-200 201-210 211-220 221-230 231-240 241-250 251-260  261-270  271-280 281-290 291-300 301-310 311-320 321-Latest

 

(1) Important Preliminary Issues in SA

 

We have found the following two important Preliminary Issues which must be pleaded in the SAs:-


 

Preliminary issues to be taken up by Hon’ble Tribunal:-

(1)  Borrower and Guarantors do not have liquid funds to provide any deposit for Stay or Appeal, if any

The Respondent No.1 Bank had issued a notice dated - - -  - u/s 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter called ‘the SARFAESI ACT’), stating that the loan account has been classified as Non Performing Assets (‘NPA’) in accordance with the prescribed norms issued by the Reserve Bank and the Bank has to recover total Rs. - - - - -  as on - - - - -within 60 days from the date of the notice, failing which the Bank would exercise all or any of the rights u/s 13(4) of the Securitisation Act.

     

The Applicant Borrower and the Guarantors do neither have any liquid funds to pay deposit, if any, nor any resources to raise or obtain such deposit due to following reasons:-

(a)       Had any funds available with the Borrower and Guarantors, the Account would have not become NPA and the Respondent Bank would have not issued any notice dated - - -u/s 13(2).

(b)      All the assets of the Applicant Borrower’s Company are allegedly mortgaged with the Respondent Bank and hence the Borrower Company cannot raise any funds from any other source.

(c)       The Respondent Bank has allegedly created security interest on the immoveable property of the Borrower Company and hence it cannot raise any funds based on the said property.

(d)      The Respondent Bank has allegedly taken the personal guarantees of the Borrower and the Guarantors and hence they cannot raise any fund from any other source based on personal guarantees.

(e)      The business virtually has come to a standstill on account of lack of funds.

(f)        Further the adverse publicity created by the bank viz. news paper publication of notice u/s 13(4) has ultimately sealed the fate of getting any external funds for survival, litigation etc leave alone for any deposit.

(g)       The bank is bent upon to close all other avenues by even declaring the applicants as willful defaulter.

(h)      In view of above, it is not possible for the applicants to obtain any deposit from any source. It is now only the applicant bank which may consider to provide any deposit, if any.

(i)         In view of above, the Bank and the Bank alone has created such conditions that the Borrower and the Guarantors should not be able to obtain any funds even for survival, litigation etc leave alone for deposit, if any, for obtaining Stay or Appeal. This material fact about non-availability of deposit is well known and well understood by the Bank and its Officials. 

(j)        Therefore, this Hon’ble Tribunal is requested to take up this matter as the preliminary issue. It is only after a final decision on this issue, the Hon’ble Court may lay down any pre-condition regarding deposit for granting injunction, if any. 

(2)  On account of non-availability of deposit,if any; the Applicants will not have the Remedy of Appeal in DRAT, this SA needs to be tried fully and completely

(a)    As pleaded in the first Preliminary Issue above, the Applicants are not having resources to provide any deposit.

(b)   As per Sec 18 of the SARFAESI Act, minimum deposit of 25% of the debt as claimed by the secured creditors or determined by this Hon’ble Tribunal whichever is less, is required before the Appeal, if any is to be entertained by the DRAT. Hence if there is any debt due, the Applicants will be deprived of any right to Appeal to the DRAT.

(c)    Since the Applicants have pleaded counter-claim in this SA and since the said counter-claim is much more than the claim of the Bank, there will be ‘No Debt Due’. On account of this it is imperative for the Applicants to have their SA to be tried fully and completely. The  Applicants are confident to win their ‘No Debt Due’ situation only when their SA is tried fully and completely as a civil suit. This need of the Applicants is an upmost need and is also in conformity with the law declared by the Supreme Court in the matter of Mardia Chemical which laid down that the SA in SARFAESI Act is to be treated to be akin to a civil suit. 

(d)   On account of reasons mentioned above, since due to not having any deposit, the Applicants will not be having any right to Appeal to DRAT, the trial of this SA by this Hon’ble Tribunal will be the only and last opportunity and hence there is no scope for the Applicants to have any deficiency and or shortcoming in the said trial by this Hon’ble Tribunal.

(e)   A positive and supporting verdict by this Hon’ble Tribunal on this Preliminary Issue will be in conformity with the Justice, Equity and Good Conscience.

(2)  Choosing an Advocate for DRT Cases

Many of our clients seek our guidance and advice about appointing their  DRT advocate, Our suggestions are as under:-

(a)   Visit DRT and watch the performance and conduct of the advocates. Is he fighting for the interests of the borrowers and guarantors? He should not be just a yesman to the Judges. This will be possible only when he has mastery of fundamentals of law and judicial process.

(b)   Short list such advocates who are defending and fighting for the interests of the borrowers and guarantors.

(c)   Visit their offices and residences. Meet their clients and ascertain their experience.

(d)   Discuss your case with the advocate. Ascertain whether he will spare sufficient time for discussions and case preparation. Does he have innovative solutions? How does he manage his office, juniors and court room activities when several cases are going on together?

(e)   Since the present system was established by the British to rule the country and the judiciary was intended to help the bureaucracy and govt, the law, procedures, Judges and the Advocates were acting accordingly. The hangover of British days still continues. Few advocates are able to come out of the same. Your success will depend as to how you chose an advocate who is totally free of the said hangover.

(f)    Based on above when you have chosen the advocate, go to court and office for few days with the chosen advocate so that you may draw the final conclusion. 

(2)  15 things to “Give up- - -“

Mr UC Desai from Ahemdabad has sent the following valuable information:-

15 things to "Give up..."

This is indeed a brilliant article and needs to be read again and again ...

Here is a list of 15 things, which, if you give up on them, will make your life a lot easier and you'll feel much, much happier. We hold on to so many things that cause us a great deal of pain, stress and suffering and instead of letting them all go and allowing ourselves to be stress-free and happy, we cling on to them.

Well, not anymore. Starting today, we will give up on all those things that no longer serve us, and we will embrace change. Ready? Here we go!

 

1. Give up your need to always be right.

There are so many of us who can't stand the idea of being wrong wanting to always be right even at the risk of ending great relationships or causing a great deal of stress and pain for us and for others. It's just not worth it. Whenever you feel the 'urgent' need to jump into a fight over who is right and who is wrong, ask yourself this question from Dr. Wayne Dyer: 'Would I rather be right, or would I rather be kind?' What difference will that make? Is your ego really that big?

 

2. Give up your need for control.

Be willing to give up your need to always control everything that happens to you and around you situations, events, people, etc. Whether they are loved ones, co-workers, or just strangers you meet on the street just allow them to be. Allow everything and everyone to be just as they are and you will see how much better will that make you feel.

'By letting it go, it all gets done. The world is won by those who let it go. But when you try and try. The world is beyond winning.' Lao Tzu

 

3. Give up on blame.

Give up on your need to blame others for what you have or don't have, for what you feel or don't feel. Stop giving your powers away and start taking responsibility for your life.

 

4. Give up your self-defeating self-talk.

Oh my. How many people are hurting themselves because of their negative, polluted and repetitive self-defeating mindset? Don't believe everything that your mind is telling you especially if it's negative and self-defeating. You are better than that.

'The mind is a superb instrument if used rightly. Used wrongly, however, it becomes very destructive.' Eckhart Tolle

 

5. Give up your limiting beliefs about what you can or cannot do, about what is possible or impossible.
From now on, you are no longer going to allow your limiting beliefs to keep you stuck in the wrong place. Spread your wings and fly!

'A belief is not an idea held by the mind, it is an idea that holds the mind.' Elly Roselle
Minimize Your Fear

The Wooden Bowl

The Tao of Forgiveness

The Falcon

A HERO who deserves all respect

 

6. Give up complaining.

Give up your constant need to complain about those many, many, maaany things people, situations and events that make you unhappy, sad and depressed. Nobody can make you unhappy, no situation can make you sad or miserable unless you allow it to. It's not the situation that triggers those feelings in you, but how you choose to look at it. Never underestimate the power of positive thinking.

 

7. Give up the luxury of criticism.

Give up your need to criticize things, events or people that are different than you. We are all different, yet we are all the same. We all want to be happy, we all want to love and be loved and we all want to be understood. We all want something, and something is wished by us all.

 

8. Give up your need to impress others.

Stop trying so hard to be something that you're not just to make others like you. It doesn't work this way. The moment you stop trying so hard to be something that you're not, the moment you take of all your masks, the moment you accept and embrace the real you, you will find people will be drawn to you, effortlessly.

 

9. Give up your resistance to change.

Change is good. Change will help you move from A to B. Change will help you make improvements in your life and also the lives of those around you. Follow your bliss, embrace change don't resist it.

'Follow your bliss and the universe will open doors for you where there were only walls.' Joseph Campbell

10. Give up labels.

Stop labeling the things, people or events that you don't understand as being weird or different and try opening your mind, little by little. Minds only work when open.The highest form of ignorance is when you reject something you don't know anything about.'

 

11. Give up on your fears.

Fear is just an illusion, it doesn't exist you created it. It's all in your mind. Correct the inside and the outside will fall into place.

'The only thing we have to fear, is fear itself.' Franklin D. Roosevelt

 

12. Give up your excuses.

 lot of times we limit ourselves because of the many excuses we use. Instead of growing and working on improving ourselves and our lives, we get stuck and lie to ourselves, using all kind of excuses excuses that 99.9% of the time, are not even real.

 

13. Give up the past.

I know, I know. This one's hard. Especially when the past looks so much better than the present and the future looks so frightening. But, you have to take into consideration the fact that the present moment is all you have and all you will ever have. The past you are now longing for the past that you are now dreaming about was ignored by you when it was present. Stop deluding yourself. Be present in everything you do and enjoy life. After all, life is a journey not a destination. Have a clear vision for the future, prepare yourself, but always be present in the now.

14. Give up attachment.

This is a concept that, for most of us, is so hard to grasp and I have to tell you that it was for me too (it still is), but it's not impossible. You get better and better at it with time and practice. The moment you detach yourself from all things (and that doesn't mean you give up your love for them because love and attachment have nothing to do with one another. Attachment comes from a place of fear, while love well, real love is pure, kind, and selfless; where there is love there can't be fear, and because of that, attachment and love cannot co-exist) you become so peaceful, so tolerant, so kind, and so serene. You will get to a place where you will be able to understand all things without even trying. A state beyond words.


15. Give up living your life to other people's expectations.

Way too many people are living a life that is not theirs to live. They live their lives according to what others think is best for them; they live their lives according to what their parents think is best for them; to what their friends, their enemies and their teachers, their government and the media think is best for them. They ignore their inner voice, that inner calling. They are so busy with pleasing everybody, with living up to other people's expectations, that they lose control over their lives. They forget what makes them happy, what they want, what they need and eventually, they forget about themselves. You have one life this one right now you must live it, own it, and especially don't let other people's opinions distract you from your path.

U.C.DESAI    09374556625 Ahmedabad

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Weekly Mails and DVDs are DRT Legal Guide and gold mine of practical information for the borrowers and guarantors - The mail recipient particularly Borrowers and Guarantors will be immensely benefited by our weekly mails and DVDs, all previous issues of weekly mails from 1st one till the last one may be viewed by clicking the links given at the top. Separate web pages have been created to contain these mails in batches of 10 so that pages open up fast. These mails are gold mine of information on current topics giving lot of practical suggestions and comments. Any new recipient to these mails must go through all the weekly mails right from the issue no 1 to the latest. If possible please spread the reference of our web site and the weekly mail among the persons, borrowers and guarantors who are the bank victims. If anyone desires to get these mails regularly, he may write to us for inclusion of his e-mail ID in the regular mailing list. The weekly mail is issued on every Friday. The particular issue of the weekly mail is first published on the web site and then mailed to borrowers, guarantors and their advocates in the country. This service is free in the best interest of society in general and litigant borrowers and guarantors in particular. We are getting huge no of mails appreciating our weekly mails.  We welcome suggestions.

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DRT Solutions Weekly Mail – 323rd Issue dated 18th July ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page

 

(1) The Chief Justice Supreme Court of India Mr M. R. Lodha says that Indian Judiciary is under Great Pressure and the Disposal has become Uncontrollable

 

On 11.07.14, daily news paper Patrika, Indore reported that the Supreme Court of India openly admitted that there is a great pressure of work on the Judiciary and the disposal of the cases have become uncontrollable. The 5 Judges bench headed by the Chief Justice Mr M. R. Lodha in the proceedings held on 10.07.14 openly admitted that the work load on the Judiciary has become uncontrollable and is beyond its capacity.

Mr Lodha said that he had discussions with Chief Justices of Supreme Courts of 12 countries and they informed that in a year they dispose about 150 cases. They were surprised that the Indian Supreme Court was handling 800 to 900 cases per week.

We have now more than 3 crore cases pending. Some time back, Mr Rao, a sitting judge of Andhra High Court has said that it will take more than 320 years to clear the pendency.

There are 73 countries whose judicial systems are better than Indian Judicial System.

At page 129 of his book ‘Law, Lawyers and Justice’ published in 1988, the famous Justice V.R. Krishna Iyer wrote:-

“We have a fossil court pyramid, an Anglo-Indian hybrid. Americans, with an obsolete adversarial English model, struggled to modernize and the American Bar Association played/plays a constructive part in that project’ Roscoe Pound pounded the defective judicature in his historic 1906 address at the National Conference on ‘Causes of Popular Dissatisfaction with the Administration of Justice, and reforms began. - - -

So, the Bar must, thro’ the Council, change the chemistry of the mummified Victorian vintage process of Justice. - - - “

In context of Indian Judiciary, at page 130, he writes – “Modern technology. a boon, if wisely used, is to the allergic judiciary a novelty of Space Age distance. - - . At page 133, he writes that we are 200 years behind the developed countries” 

We have been voicing use of technology and management in Indian Courts since 2001 through our web site. We covered these topics in our All India DRT Conferences in 2008 and 2011, video records of which are available in our DVDs.

We developed the technology of ‘Video Arguments’ in 2007 and demonstrated the same before the District Judge, Indore. We sent the DVDs to the High Court and the Supreme Court but none seem to be interested.

The silver lining is that recently Mr R.P. Gupta of BJP Communication Cell shared a new resource in “Transform India with Narendra Modi’ Based on such sharing, he proposed “Legal and Judicial System Issues – Input required on Root Causes.’ More than 9000 citizens have responded with their suggestions and proposals. We have also submitted 4 posts which have been liked by others. We have downloaded 341 comments and based on same, we are preparing an article which will appear on our web site.

It appears that due to change in political will combined with use of modern technology, the public i.e. the ultimate end user (not the advocate and judges who have their vested interests) will evolve and implement suitable model for the functioning of the Indian Judiciary as has been done in developed countries.

 

(2) Punjab & Haryana High Court First to Deliver Justice Via VPN (i.e. Virtual Private Network)

 

The Economic Times, Mumbai in its 16.07.14 edition at Page 4 that the Punjab & Haryana High Court has obtained a secured network called VPN (i.e. Virtual Private Network) setup by the NIC (i.e. National Informatics Centre. The said network can only be accessed by Judges who have been given individual IDs an unique passwords.

In association with a private firm, the High Court has already scanned and prepared soft copies of over 10 crore pages, 15 lakh cases (decided). A little over 2.5 lakh cases are hanging fire in the said HC, a majority of which have already been scanned and available in soft copies for easy and quick access of the Judges.

With above arrangement, the Judge need not have the files and related records. On his laptop only regardless of his physical location,  he can swiftly jog through voluminous record of a case and prepare footnotes and prepare his judgment.

Further touch screens will be installed in court rooms to enable the judges to access the files. Thus the said HC will be the first paperless HC in the country.
 

(3) Forthcoming Public Issues of Public Sector Banks

 

The Economic Times in its 12.07.14 edition at Page 5 has reported that certain public sector banks to hit markets soon. We have advised our clients who filed their counter-claims and damages against the banks should address a letter to the auditors of the said banks to ensure that the said banks make proper provision towards the contingent liabilities due to the said damages. Some of the banks will react and will come forward for settlement. Few years back under such situation, the bank settled at 5% of the claim of the bank and the said case is reported on our web site.

 

(4) Banana, a Wonder Fruit

 

The following useful information about banana is from speakingtree.com :-

After Reading this, You will never look at a Banana in the same way again

JANUARY 26, 2014 2:44 PM 

http://worldobserveronline.com/2014/01/26/reading-youll-never-look-banana-way/

This is interesting. After reading this, you’ll never look at a banana in the same way again. Bananas contain three natural sugars – sucrose, fructose and glucose combined with fiber. A banana gives an instant, sustained and substantial boost of energy.

Research has proven that just two bananas provide enough energy for a strenuous 90-minute workout. No wonder the banana is the number one fruit with the world’s leading athletes.
But energy isn’t the only way a banana can help us keep fit. It can also help overcome or prevent a substantial number of illnesses and conditions, making it a must to add to our daily diet.

DEPRESSION
According to a recent survey undertaken by MIND amongst people suffering from depression, many felt much better after eating a banana. This is because bananas contain tryptophan, a type of protein that the body converts into serotonin, known to make you relax, improve your mood and generally make you feel happier.


PMS:
Forget the pills – eat a banana. The vitamin B6 it contains regulates blood glucose levels, which can affect your mood.

 

ANAEMIA
High in iron, bananas can stimulate the production of haemoglobin in the blood and so helps in cases of anaemia.


BLOOD PRESSURE:

This unique tropical fruit is extremely high in potassium yet low in salt, making it perfect to beat blood pressure So much so, the US Food and Drug Administration has just allowed the banana industry to make official claims for the fruit’s ability to reduce the risk of blood pressure and stroke.

 

BRAIN POWER

200 students at a Twickenham school ( England ) were helped through their exams this year by eating bananas at breakfast, break, and lunch in a bid to boost their brain power. Research has shown that the potassium-packed fruit can assist learning by making pupils more alert.

 

CONSTIPATION
High in fiber, including bananas in the diet can help restore normal bowel action, helping to overcome the problem without resorting to laxatives.

 

HANGOVERS
One of the quickest ways of curing a hangover is to make a banana milkshake, sweetened with honey. The banana calms the stomach and, with the help of the honey, builds up depleted blood sugar levels, while the milk soothes and re-hydrates your system.

 

HEARTBURN
Bananas have a natural antacid effect in the body, so if you suffer from heartburn, try eating a banana for soothing relief.

 

MORNING SICKNESS

Snacking on bananas between meals helps to keep blood sugar levels up and avoid morning sickness.


MOSQUITO BITES:

Before reaching for the insect bite cream, try rubbing the affected area with the inside of a banana skin. Many people find it amazingly successful at reducing swelling and irritation.

NERVES
Bananas are high in B vitamins that help calm the nervous system..

Overweight and at work? Studies at the Institute of Psychology in Austria found pressure at work leads to gorging on comfort foodlike chocolate and chips. Looking at 5,000 hospital patients, researchers found the most obese were more likely to be in high-pressure jobs. The report concluded that, to avoid panic-induced food cravings, we need to control our blood sugar levels by snacking on high carbohydrate foods every two hours to keep levels steady.

 

ULCERS
The banana is used as the dietary food against intestinal disorders because of its soft texture and smoothness. It is the only raw fruit that can be eaten without distress in over-chronicler cases. It also neutralizes over-acidity and reduces irritation by coating the lining of the stomach.

 

TEMPERATURE CONTROL

Many other cultures see bananas as a ‘cooling’ fruit that can lower both the physical and emotional temperature of expectant mothers. In Thailand , for example, pregnant women eat bananas to ensure their baby is born with a cool temperature.


So, a banana really is a natural remedy for many ills. When you compare it to an apple, it has FOUR TIMES the protein, TWICE the carbohydrate, THREE TIMES the phosphorus, FIVE TIMES the vitamin A and iron, and TWICE the other vitamins and minerals.. It is also rich in potassium and is one of the best value foods around So maybe its time to change that well-known phrase so that we say, ‘A BANANA a day keeps the doctor away!’

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DRT Solutions Weekly Mail – 322nd Issue dated 11th July ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page

 


 

(1) Magistrate Court – Problems faced by the Borrowers u/s 14 of the SARFAESI Act

 

Many of our clients are facing problems from the Magistrate Courts u/s 14 of the SARFAESI Act. Some of these problems and their solutions are as under:-

(1)   Problem:- Magistrate is not hearing the Borrower.

(2)   Solution:- In this connection we should cite the judgment delivered by the Supreme Court of India on 03.04.14 in the matter of Harshad Govardhan Sondagar vs International Assets Reconstruction Co according to which the Magistrate has to hear the tenant or lease holder in whose possession the secured assets are prior to date of mortgage. The extract from the said judgment is given below:- 

 

Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

 

CRIMINAL APPEAL No. 736 OF 2014

(Arising out of S.L.P. (Crl.) No.1666 of 2012)

Harshad Govardhan Sondagar …… Appellant

Versus

International Assets Reconstruction Co.

Ltd. & Ors. ….. Respondents

 

- - - - - - - - - - - - -

 

Orders and directions of this Court in the facts of the cases before the Court:-

 

28. Having expressed our opinion on the different questions of law raised in these appeals, we may now pass orders and directions considering the broad facts of the three different categories of the case before us:

(i) In Criminal Appeals arising out of Special Leave Petition (Criminal) Nos.9426 of 2012, - - - - and 4618 of 2012, the appellants claim that they are in possession of the secured asset under a lease made prior to the mortgage but the Chief Metropolitan Magistrate, Mumbai, has passed orders under Section 14 of the SARFAESI Act for delivery of possession of the secured asset to the respective secured creditors. These orders passed by the Chief Metropolitan Magistrate, Mumbai, are set aside and the matters are remitted to the Chief Metropolitan Magistrate to pass fresh orders in accordance with this judgment and any other law that may be relevant after giving an opportunity of hearing to the appellants and the secured creditors.

 

(ii) In Criminal Appeals arising out of Special Leave Petition (Criminal) Nos.4064 of 2012, - - - and 4125 of 2012 when the appellants filed the Special Leave Petitions under

Article 136 of the Constitution of India, the applications of the secured creditors under Section 14 of the SARFAESI Act were pending. In case the applications are still pending, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, will consider the claims of the appellants that they were in possession of the secured asset under a lease made prior to the creation of the mortgage and decide the applications under Section 14 in accordance with this judgment and any other law that may be relevant. In case, during the pendency of these appeals, orders have been passed by the Chief Metropolitan Magistrate or the District Magistrate under Section 14 of the SARFAESI Act, the orders so passed will stand quashed and the Chief Metropolitan Magistrate or the District Magistrate will pass fresh orders in accordance with this judgment and any other law that may be relevant after giving an opportunity of hearing to the appellants and the secured creditors.

 

(iii) In the Criminal Appeals arising out of Special Leave Petition (Criminal) Nos.4619 of 2012, and 4120 of 2012, when the Special Leave Petitions were filed under Article 136 of the Constitution of India, no application under Section 14 of the SARFAESI Act had been filed by the secured creditors. In case such application under Section 14 of the SARFAESI Act has been filed in the meanwhile or is filed in future, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, will decide the applications in accordance with this judgment and any other law that may be relevant after giving opportunity of hearing to the appellants and the secured creditors.

 

(iv) In all these appeals, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, will pass final orders under Section 14 of the SARFAESI Act within four months from the date of filing of certified copy of this judgment by either the lessee/tenant or the secured creditor.

 

(v) With the aforesaid directions and orders, the appeals are allowed. The parties shall  bear their own costs.

.……………………….J.

(A. K. Patnaik)

………………………..J.

(V. Gopala Gowda)

New Delhi, 

April 03, 2014.

(3)   Problem:- Magistrate is not entertaining Caveat from the Borrower.

(4)   Solution:-

(a)   In this connection, we should cite the above judgment of the Supreme Court by which the Magistrate has to hear the tenant/lease holder in whose possession is the secured assets prior to the date of the Mortgage. Hence the caveat filed by such party has to be entertained.

(b)   In this connection, we should produce copy of the ‘The Enforcement of Security Interest and Recovery of Debt Laws (Amendment) Act. 2012 dated 03.01.13 according to which the Authorised Officer of the Bank is required to file an affidavit on 9 specific points. Many of these points can only be validated after hearing the borrower. Hence the caveat filed by the borrower has to be entertained.

(c)   Further we have to point out that in the said Amendment of 03.01.13, a new section 18-C on caveat has been proposed, extract of which is given below:-

      “ 18-C – Right to lodge a caveat - - -“

      A detailed procedure has been prescribed for the secured creditor.

Thus when provision of caveat is given for the bank, the borrower also gets an     opportunity to file caveat before the Magistrate for the simple reason that the entire SARFAESI Act is based on Principles of Natural Justice according to the Judges and Magistrate are duty bound to hear the other party. This was also laid down by the Supreme Court of India quite long back in 1978 vide citation Maneka vs Union of India, AIR 1978 SC 597 (Para 56)

(d)   Thus in view of the latest judgment of the Supreme Court of 03.04.14 mentioned above as well as the old judgment of 1978 combined with the said Amendment of 03.01.13, there is more than enough justification for the Magistrate to entertain the caveat as well as to hear the Borrower in the proceedings u/s 14 of the SARFAESI Act   

(2) Borrowers to be Careful & Vigilant about the Services & Professional Charges of the Advocates

 

One of our clients described an incident which happened with his friend. An eminent Seniour Advocate who is the President of the Bar Association in his city proposed to obtain stay order from DRT against sale of his property in the proceedings of SARFAESI Act. He had to pay 25% of the deposit against the bank claim of Rs 5 crores. The said stay was for a limited period. For such matter, the said advocate charged a fee of Rs 12 lacs. It was highly excessive and virtually amounts to day light robbery and white collar loot. This shows that the person concerned was highly ignorant about the various services and related professional charges. That is why we empower our clients to go through the bare Acts, legal process and court procedures, extent of court decisions and future expectations etc. We ask them to go through our web site and the weekly mails. Further we ask them to attend all the dates and go through the court proceedings and orders. They have to plan a week in advance and discuss repercussions with their advocate. They should go through various court judgments. All such knowledge equips them to interact properly with the advocates and incident as above will not happen and they will not be fleeced or misled. This alone will ultimately protect their interests in the litigation immediately as well as in long run.
 

(3) Food as Medicine

 

Mr Firoz Poonawalla has sent the following useful information:-

Food as Medicine
 HAY FEVER? EAT YOGURT! 
 Eat lots of yogurt before pollen season. 
 Also-eat honey from your area (local region) daily.
============================================
 TO PREVENT STROKE DRINK TEA! 
 Prevent build-up of fatty deposits on artery walls with regular doses of tea. (actually, tea suppresses appetite and keeps the pounds from invading....Green tea is great for our immune system)! 
============================================
 INSOMNIA (CAN'T SLEEP?) HONEY! 
 Use honey as a tranquilizer and sedative. 
======================================
 ASTHMA? EAT ONIONS!!!! 
 Eating onions helps ease constriction of bronchial tubes. (onion packs place on chest helped the respiratory ailments and actually made breathing better).
=====================================
 ARTHRITIS? EAT FISH, TOO!! 
 Salmon, tuna, mackerel and sardines actually prevent arthritis. (fish has omega oils, good for our immune system) 
====================================
 UPSET STOMACH? BANANAS - GINGER!!!!! 
 Bananas will settle an upset stomach. 
 Ginger will cure morning sickness and nausea.. 
===================================
 BLADDER INFECTION? DRINK CRANBERRY JUICE!!!! 
 High-acid cranberry juice controls harmful bacteria. 
========================================
 BONE PROBLEMS? EAT PINEAPPLE!!! 
 Bone fractures and osteoporosis can be prevented by the manganese in pineapple. 
======================================
 MEMORY PROBLEMS? EAT OYSTERS! 
 Oysters help improve your mental functioning by supplying much-needed zinc. 
===========================
 COLDS? EAT GARLIC! 
 Clear up that stuffy head with garlic. (remember, garlic lowers cholesterol, too.)
==================================
 COUGHING? USE RED PEPPERS!! 
 A substance similar to that found in the cough syrups is found in hot red pepper. Use red (cayenne) pepper with caution-it can irritate your tummy. 
==================================
 BREAST CANCER? EAT Wheat, bran and cabbage 
 Helps to maintain estrogen at healthy levels. 
====================================
 LUNG CANCER? EAT DARK GREEN AND ORANGE AND VEGGIES!!! 
 A good antidote is beta carotene, a form of Vitamin A found in dark green and orange vegetables. 
=======================================
 ULCERS? EAT CABBAGE ALSO!!! 
 Cabbage contains chemicals that help heal both gastric and duodenal ulcers. 
====================================
 DIARRHEA? EAT APPLES! 
 Grate an apple with its skin, let it turn brown and eat it to cure this condition. (Bananas are good for this ailment)
==================================
 CLOGGED ARTERIES? EAT AVOCADO! 
 Mono unsaturated fat in avocados lowers cholesterol. 
===================================
 HIGH BLOOD PRESSURE? EAT CELERY AND OLIVE OIL!!! 
 Olive oil has been shown to lower blood pressure. 
 Celery contains a chemical that lowers pressure too. 
=========================================
 BLOOD SUGAR IMBALANCE? EAT BROCCOLI AND PEANUTS!!! 
 The chromium in broccoli and peanuts helps regulate insulin and blood sugar. 
===================================
 Kiwi: Tiny but mighty. This is a good source of potassium, magnesium, Vitamin E fibre. It's Vitamin C content is twice that of an orange. 
==========================================
 Apple: An apple a day keeps the doctor away? Although an apple has a low Vitamin C content, it has antioxidants flavonoids which enhances the activity of Vitamin C thereby helping to lower the risks of colon cancer, heart attack stroke.. 
=========================================
 Strawberry: Protective fruit. Strawberries have the highest total antioxidant power among major fruits protects the body from cancer causing, blood vessels clogging free radicals. (Actually, any berry is good for you..they're high in anti-oxidants and they actually keep us young...........blueberries are the best and very versatile in the health field........they get rid of all the free-radicals that invade our bodies)
==========================================
 Orange : Sweetest medicine. Taking 2 - 4 oranges a day may help keep colds away, lower cholesterol, prevent dissolve kidney stones as well as lessen the risk of colon cancer.. 
===============================================
 Watermelon: Coolest Thirst Quencher. Composed of 92% water, it is also packed with a giant dose of glutathione which helps boost our immune system.. They are also a key source of lycopene - the cancer fighting oxidant. Other nutrients 
 Found in watermelon are Vitamin C Potassium.(watermelon also has natural substances [natural SPF sources] that keep our skin healthy, protecting our skin from those darn UV rays)
========================================
 Guava Papaya: Top awards for Vitamin C. They are the clear winners for their high Vitamin C content. Guava is also rich in fibre which helps prevent constipation. 
====================================
 Papaya is rich in carotene, this is good for your eyes. (also good for gas and indigestion) 
===============================
 Tomatoes are very good as a preventative measure for men, keeps those prostrate problems from invading their bodies......GOOD AS MEDICINE..
========================================
 Very informative - spread the Knowledge

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DRT Solutions Weekly Mail – 321st Issue dated 3rd July ’14

All Weekly mails right from 1st Issue to latest, click links on top of this page


 

(1) Important SC Judgments on Sec 14 relating to Magistrate’s Duty to Adjudicate in SARFAESI Act

 

The following news item referred to by Mr. Rajesh Jain, one of our clients from Ludhiana mentions few important SC Judgments which will be helpful to the borrowers:-

 

Impediments in recovery of non-performing assets

2 Jul, 2014, 06.07AM IST

http://economictimes.indiatimes.com/opinion/guest-writer/impediments-in-recovery-of-non-performing-assets/articleshow/37607935.cms

 

Recently, there have been some judicial pronouncements by the apex court determining the scope of powers of enforcement of securities without the intervention of the courts, by the banks and FIs under the SARFAESI Act. The apex court has reiterated the need to protect the interest of borrowers, and emphasized that the exercise of extraordinary powers of recovery, by banks and FIs must be in compliance with the provisions of the SARFAESI Act. 

In the case of Harshad G Sondagal vs IARC, the SC has held that borrower/mortgagor can lease the property over which security interest is created and in such cases, the lessee is entitled to remain in possession of the property for the period of the lease which is registered and such lessee cannot be dispossessed by the district magistrate or chief metropolitan magistrate under Section 14 of SARFAESI Act.

Inspite of earlier judgments of the SC that the procedure under Section 14 of the SARFAESI Act before the DM/CMM for getting possession of secured assets is administrative proceeding, the apex court held that rights of lessee of mortgaged properties will be decided by the DM/CMM. Banks are already facing a problem of inordinate delays in the office of DMs/CMMs in the matter of repossessing secured assets and the SC judgment will result in delays in recovery or defaulted loans, on account of DM//CMM being required to conduct quasi-judicial proceedings for deciding rights of tenants and lessees of mortgaged properties.

In terms of rule 8 & 9 of the Security Interest (Enforcement) Rules, 2002, before selling a mortgaged property a public notice of 30 days has to be given. In the case of Vasu P Shetty v. Hotel Vandana Palace, the SC considered whether a public auction with notice of less than 30 days is valid, in view of earlier failed auction for which adequate notice of 30 days was given as also failed OTS proposal given by the borrower.

The SC held that delaying tactics adopted by the borrower would not amount to a waiver of requirement of notice of 30 days as well as other requirements of settling terms of sale by private treaty between the parties, notice of sale to be published in a vernacular language newspaper and obtaining fresh valuation prior to conducting the sale. The effect of this judgment is that even in cases where repeated auctions are required to be held on account of delaying tactics adopted by the defaulters, the requirements of minimum notice of 30 days and other formalities have to be complied with by banks/FIs.

In the case of J Rajiv Subramaniyan v. M/s Pandiyas, the SC considered the validity of sale of secured assets by private treaty without the consent of the borrower and in violation of rules 8(5) (valuation of property), 8(6) (notice of 30 days) and held that such sale is unconstitutional. The apex court pointed out that the provision contained in Section 13(8) of the SARFAESI Act, 2002 is specifically for the protection of the borrowers in as much as, ownership of the secured assets is a constitutional right vested in the borrowers and protected under Article 300A of the Constitution of India.

Therefore, the secured creditor as a trustee of the secured assets can not deal with the same in any manner it likes and such an asset can be disposed of only in the manner prescribed in the SARFAESI Act, 2002. It is clear that compliance with directions issued by the apex court will result in delays in recovery actions and the finance ministry, therefore, needs to consider following amendments to the SARFAESI Act and the Rules, to facilitate speedy recovery of NPAs:

> Amend Section 17 of the Act empowering DRTs to decide rights of lessees or tenants or any other person claiming rights in the mortgaged properties and pass orders to protect their rights. The SARFAESI Act also needs to be amended to declare that notwithstanding anything contained in any other law, the borrower cannot sell, lease or deal with any property over which security interest is created without the consent of the secured creditor, except sale of its products or services.

> In cases of sale by private treaty a notice shall be given to the borrower to obtain a better offer within the time specified failing which the secured creditor can proceed to sell the property.

> In cases where the borrower has been given notice of 30 days for public auction of secured assets and such auction fails any subsequent auction can be held with shorter notice of 15 days instead of 30 days.


 

(2) Stringent Guidelines for Wilful Defaulters Expected

 

Mr Himanshu Mehta, one of our clients from Mumbai has sent the following news item which is self explanatory:-

Stringent guidelines for wilful defaulters on the cards

http://www.business-standard.com/article/finance/stringent-guidelines-for-wilful-defaulters-on-the-cards-114062700711_1.html

The Union finance ministry is planning to make rules regarding wilful defaulters more stringent, so that criminal charges can be pressed against such entities. The move follows a rise in bad loans, particularly among public sector banks (PSBs).

A senior official of a PSB who discussed the issue with officials of the department of financial services said, “Whenever there is a clear diversion of funds to create personal wealth, the borrower will tagged as a wilful defaulter and criminal charges will be pressed.”

The ministry has proposed that a promoter or board member classified as a wilful defaulter be barred from becoming a director in any other company. It had also been proposed passports of wilful defaulters be impounded, bankers said.

According to the Reserve Bank of India (RBI) norms, a wilful default is when an entity defaults in its payment obligations tolenders even if it has the capacity to pay and doesn’t use the funds for which the loan was availed of, or diverts those. If the borrower uses short-term working capital funds for long-term purposes not in conformity with the terms of the sanction or deploys the borrowed funds for creation of assets other than those for which the loan was sanctioned, it is construed as diversion or siphoning of funds.

The move to revisit wilful defaults comes at a time when non-performing assets (NPAs) in the banking system have seen a steep rise. According to RBI data, as of March 31 this year, gross NPAs in the banking system accounted for four per cent of gross advances, while net NPAs accounted for 2.2 per cent.

Earlier, the ministry had mandated banks not to provide any additional facilities to defaulting companies and bar their promoters for five years from availing of institutional financing for floating new ventures.

The ministry has also prepared a list of the top 50 defaulters and asked banks to hasten recovery measures.

Recently, Kolkata-based United Bank of India had issued a wilful defaulter notice to Vijay Mallya, chief of UB Group and the grounded Kingfisher Airlines. On Saturday, Mallya has to defend his himself before the lender’s internal committee, headed an executive director of the bank.

The bank has an exposure to Rs 350 crore to Kingfisher Airlines.

A consortium of lenders, led by State Bank of India, had extended loans of about Rs 6,500 crore to the airline. The loans, overdue with all the banks, have been classified as NPAs.


 

(3) Campa Cola: No Water, Power, but Fight to Save Houses Continues

 

On this topic we have made further comments on our web site vide link http://www.drtsolutions.com/Campa-Cola.htm

The following news item is self explanatory:-

Campa Cola: No water, power, but fight to save houses continues

Jul 1, 2014 12:54 IST

http://webcache.googleusercontent.com/search?q=cache:http://www.firstpost.com/india/campa-cola-no-water-power-but-fight-to-save-houses-continues-1597621.html

The residents of the Campa Cola buildings in Worli, Mumbai may have allowed the municipality to disconnect utility services to the unauthorised flats, but they have not given up the fight to save the flats. While many residents have shifted to alternative accommodation in areas including Breach Candy, Altamount Road, Worli and adjoining places in South Mumbai on a temporary basis, they continue to visit their flats every day, determined to make their presence felt in the building.

Residents who have shifted out include high-profile personalities in the Save Campa Cola battle such as Ashish Jalan, MD of one of the leading PR agencies Concept Public Relations; Ashok Goel, MD of Essel Propack that's part of the Essel group and Nandini and Ajay Mehta, who manage a family business of import, supply and manufacturing of steel plates with clients such as Godrej and L&T.

While many residents have shifted out all their belongings from the illegal flats, they claim that they are still staying in the illegal flats with their families to continue their struggle. “Since we have nowhere to go, we will stay here though there is no electricity, water and gas. We feel that the chief minister will work out a solution to the issue. If the civic body files a contempt petition against us, we are ready to face the action,” said Rajesh Manot, a resident of Mid-town Apartments, one of the buildings in the complex.

Mohammed Ilyaz, another resident, also said that he would continue to fight. “Due to the continuous harassment, my son along with his three children have shifted to a nearby place as schools will start now. But, I am staying here with my wife and will not go till we get justice in the issue,” he added.

“We have shifted to Heera Panna building (at Haji Ali junction) now as we feel that we won’t get justice any time soon. But we will continue fighting for our home,” said another resident, who requested not to be named.

Civic officials who began the work of disconnecting electricity, water and gas connections of the illegal flats last Monday have now almost completed the task except cutting two water connections due to some issues.

As many as 96 flats in the Campa Cola compound were built illegally in the early 1980s. The Supreme Court has refused to grant any relief to the residents of these flats, who are opposing the demolition of the same.

More than 100 families have lived in the housing complex for the past 25 years. The seven high-rise buildings were constructed between 1981 and 1989 in the Campa Cola compound.


 

(4) Doctors Heal Thyself

 

Mr UC Desai from Ahemdabad sent the following Editorial from Free Press Journal:-

Doctor, heal thyself

— By FPJ Bureau,  July 02, 2014 12:04 am

http://freepressjournal.in/doctor-heal-thyself-2/

No one can have any reason to be surprised at what an Australian doctor wrote recently in a prestigious journal about the corruption in the Indian healthcare sector. The author, David Berger, wrote about his first-hand experience as a volunteer in a charitable hospital in a remote part of India. What he saw and heard is a sordid commentary on the goings-on in hospitals, dispensaries, medical consultancies and test labs throughout the country. Even the public sector hospitals suffer from the exploit-the-patient-syndrome.  In the ‘British Medical Journal,’ Berger noted that “kickbacks and bribes oil every part of the healthcare machinery.” Patients are made to undergo expensive and unnecessary tests so that doctors can get kickbacks. There was collusion between consulting physicians and medical laboratories. Excessive medication is the norm to prolong fees and stay in expensive hospitals. Doctors in swanky hospitals are set financial targets for tests and admissions in order to justify their high salaries. Tests wholly unrelated to patients’ ailment are invariably prescribed. What he did not write was the collusion between doctors, medical labs, etc., and various multilateral agencies paying for the healthcare of foreign nationals from war-torn nations.  Indeed,   public sector hospitals are only slightly better, with a number of them directing patients to private facilities or prescribing unnecessary tests from private labs. Even before Berger’s article caused a stir, Transparency International had concluded that the Indian healthcare sector is the second most corrupt after the Indian police. Unfortunately, the Medical Council of India, the apex body which licenses medical colleges and supervises standards and other practices in the healthcare sector, is itself riddled with corruption. Sometime ago, its longtime head was accused of taking bribes from promoters of medical colleges. The MCI head had a stranglehold over the body and it was hard to dislodge him even after his arrest in the corruption case. A number of politicians cutting across party lines sought his release, alleging that he had been framed. Given the dubious functioning of the MCI, it should come as no surprise that a large number of medical colleges are no more than money-making rackets, with the promoters openly taking crores of rupees in capitation fees for admissions. There is neither quality infrastructure nor quality teaching. A large number of such colleges are run by politicians. It is easy to understand why a young doctor just starting out in his career feels obliged to resort to underhand means and take his patients for a ride. Having shelled out a huge sum in capitation fees for admission into a medical college, a doctor perforce seems in a hurry to make money in order to recoup huge expenses on acquiring the license to practice medicine. Indeed, an objective test of doctors being churned out by most capitation-fee colleges would reveal that they are poorly equipped to practice independently. But given the paucity of doctors, with India having one of the lowest per capita ratio of doctors, patients are always at the mercy of  quacks and half-doctors.

Medical corruption is as rampant in the rural as it is in the urban areas. While rural population suffers from an acute paucity of doctors, in the big metros there are syndicates of doctors-labs-hospitals and even pharmacies which together cheat patients. Because patients are in no position to distinguish between a simple case of a headache or a stroke, they rely on doctors who instead of using the simple and fastest way to cure them resort to all sorts of money-making diversions to fleece them. What is the remedy? A drastic overhaul of the medical education system, to begin with. Capitation fee is a license to later loot patients. Also, a periodic and random audit by a group of respected doctors of prescriptions and tests administered to patients in private and public hospitals.  The exorbitant room rents and other extras charged by various chain-hospitals too need to be checked through an advisory by the MCI, to begin with, and through a government order in case the former fails to curb the greed of hospital entrepreneurs. Above all, severe punishment must entail for the abuse of doctor-patient relationship, in case doctors are found blatantly misusing that trust to cheat patients. Maybe the cancellation of the license of

a couple of excessively greedy hospitals would send a stern message across to the entire industry.

    

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