BalajiactionBlog

Article in Wall Street Journal on 11th April 2011

2011-04-20T00:59:00.002+05:30

Monday, April 11, 2011

The A-Hed
APRIL 11, 2011

It's Not the Economy, Stupid, It's the Free Blenders and Sheep

Indian Pols Woo Voters With Giveaways of Cows, Gold, Cable; a Laptop on Every Lap

By AMOL SHARMA

Amol Sharma/The Wall Street Journal

Senthil Vadivu says she wants a blender and is supporting the DMK because it followed through on the promise to deliver a TV last time.

VILLUPURAM, India—Indian politicians have a long tradition of wooing voters with promises of handouts like grain subsidies. But in this month's elections in the state of Tamil Nadu, politicians are plowing some new ground: They are promising to give away blenders, sheep, bus passes, gold necklaces and cable-TV hookups if they win.

Despite being one of India's better-performing states and its auto-industry hub, Tamil Nadu has its share of serious issues to debate this year, including how to halt corruption and fix electricity shortages. But the race between the two leading parties has boiled down mostly to a contest of who can offer a longer list of government-financed freebies.

The incumbent party Dravida Munnetra Kazhagam, or DMK, led by 86-year-old former screenwriter and current Chief Minister M. Karunanidhi, has promised blenders or grinders for poor families, laptops for engineering students and an insurance program for fishermen. The party is also promising washing machines and refrigerators for unspecified recipients.

A mixie

The main opposition party, All India Anna Dravida Munnetra Kazhagam, or AIADMK, led by former film star J. Jayalalithaa, upped the ante with its list of handouts: a blender, a grinder and a fan for all women; four free sheep for poor families; four grams of gold for poor brides (for the necklaces brides wear on their wedding day); 60,000 cows for 6,000 villages and free cable-TV connections for all.

One independent candidate is offering voters a Tata Nano car (worth about $2,200 apiece) if he's elected.

"This is how politicians take people for a ride," said Bernard D'Sami, a political analyst and history professor at Loyola College in Chennai. "The real issues are being sidelined but freebies are given importance."

Ahead of the April 13 poll, many voters in this district say they'll happily accept any gifts the politicians send their way, though some feel the giveaways are foolish.

"If you keep doing this, people will become lazy. They should focus on solving problems for the long-term, not giving freebies," said D. Arockiasamy, a 64-year-old rice farmer who barely earns enough to feed his family from a one-acre plot.

Mr. Karunanidhi and Ms. Jayalalithaa have taken turns running the state over the past two decades and both fashion themselves as champions of the poor. But campaigning took a weird turn in the 2006 state elections, Mr. D'Sami says, when the DMK won largely because it promised to give voters free color televisions. It has delivered over 16 million TVs since then to Tamil Nadu households.

View Slideshow

Dibyangshu Sarkar/Agence France-Presse/Getty Images

Voters stood in queue outside a polling booth in Chennai, May 10, 2004.

This time, the DMK may be politically vulnerable. One of its top officials, the former national telecommunications minister, has been arrested and charged with corruption for allegedly rigging the sale of nationwide mobile-phone spectrum in 2008. He has denied wrongdoing and is currently in jail, awaiting trial.

Still, Ms. Jayalalithaa of the rival AIADMK party appears determined not to be outdone in the great giveaway. In the face of DMK's promise of laptops for engineering students, she pledges laptops for 11th-graders, 12th-graders and all college students.

V. Purushothama, 27, who lives with his parents and brother in a 200-square-foot, mud-walled home in Mazhayampet village, received a free TV from the DMK last year. However, one recent afternoon he had it tuned to "Jaya TV," an AIADMK-controlled channel where Ms. Jayalalithaa was on-screen listing the goodies voters can expect if they elect her.

He likes the sound of her free laptops and cable hookups, but the unemployed college graduate says a better gift would be a full-time job. "If they are giving away freebies, sure, I will take them, but what is the point of a freebie without a job?" Mr. Purushothama says.

From India Real Time

Blenders—known in India as "mixies"—and grinders are coveted because they are used to prepare south Indian staples like rice cakes and coconut chutney. Mixies and grinders cost about $50 and $100, respectively.

Senthil Vadivu, 32, who runs a small tea shop in Thaduthatkondoor village, says she would like one of the blenders and is supporting the DMK because it followed through on the promise to deliver a TV last time around. She said Ms. Jayalalithaa "has only now started promising freebies—it is too late."

An AIADMK spokesman didn't return a call seeking comment.

There's so much on offer for free that retailers are feeling the pinch. At a local electronics outlet called "Beautiful Store," owner Ariya Palani says TV sales ground to a halt the past three years. He fears the same will happen to mixies and grinders. "If the government is giving them away, why would anyone buy from a store?" he said.

Some activists are trying to put a stop to the gimme-fest, including Chennai-based lawyer S. Subramaniam Balaji. He argues that handouts constitute bribes, he says—a quid pro quo for votes—and misuse of public funds. Promised handouts such as these would be paid for with state-government money.

Mr. Balaji filed a complaint last month with India's Election Commission against all parties offering freebies and is seeking the disqualification of all candidates from those parties. He has a separate case pending before the Supreme Court against the state government and the DMK that he hopes will clear up the law on gift-giving by parties.

Indian election law explicitly prohibits candidates from giving or promising gifts to individual voters to get their support. But election officials say there's no clear ban on making promises to large sections of the population through, for example, party manifestos.

The political parties say there is no legal issue because they aren't promising gifts, but welfare programs. In addition to gadgets, both parties say they will give away a certain amount of free rice to poor families.

Speaking about the blenders and grinders, DMK spokesman T.K.S. Elangovan says, "There are people in rural areas who still use the hand-grinding method" when preparing food. "It's a lifestyle improvement."

—Vibhuti Agarwal contributed to this article.

Write to Amol Sharma at amol.sharma@wsj.com

Complaint against freebies

2011-04-07T00:39:00.000+05:30

http://www.google.co.in/#q=DMK%2C%20PMK%20poll%20promises%20are%20bribe%3A%20Chennai%20advocate%20files%20complaint&hl=en&biw=1280&bih=709&prmd=ivnsu&um=1&ie=UTF-8&sa=N&tab=nw&fp=bf44e86cd8f82e79

Bloomberg interview

2011-04-07T00:38:00.000+05:30

http://www.bloomberg.com/news/2011-03-28/stalin-hands-out-laptops-as-indian-politicians-ramp-up-campaigns.html

Bloomberg

Stalin Hands Out Laptops as Indian Politicians Ramp Up Campaigns

By Andrew MacAskill and Ganesh Nagarajan - Mar 28, 2011 9:24 AM GMT+0530

The DMK is part of the coalition government of Prime Minister Manmohan Singh. Photographer: Jock Fistick/Bloomberg

With pledges to dole out laptops to students and food blenders to housewives, the ruling party in India’s southern state of Tamil Nadu kicked off its re-election bid in the same generous way it captured power five years ago.

Leaders of the Dravida Munnetra Kazhagam said they will also hand out color televisions and bus passes for people over 60. Last week, they promised to buy homes for slum dwellers if victorious in state assembly polls beginning April 13.

“In every election, the DMK takes bribing voters to a new level,” said Bibhu Mohapatra of the India Development Foundation, an organization based in the federal capital, New Delhi, that campaigns for better governance. “This is now part of the political process in Tamil Nadu. Voters expect it.”

While about one-fifth of Indian voters surveyed in 2009 by the Centre for Media Studies, also based in Delhi, said that politicians or party workers had offered incentives for their vote in the past 10 years, in Tamil Nadu the figure was a third, the second-highest level in the country. The DMK is part of the coalition government of Prime Minister Manmohan Singh.

Kanimozhi, daughter of the chief minister of Tamil Nadu, helps run the governing party with her half-brother M.K. Stalin and denies it is guilty of buying votes. “People need these welfare schemes,” Kanimozhi, who uses one name, said in an interview March 24. “Election promises are made all over the world.” Neither Kanimozhi nor her party have been charged with any wrongdoing by officials in connection with this year’s poll.

Her party says it will distribute laptops to all students from groups at the lower end of India’s caste hierarchy who are in their first year at university or government colleges.

‘Women’s Recreation’

Not to be upstaged, the DMK’s chief rival, the All India Anna Dravida Munnetra Kazhagam, said in its manifesto it will give portable computers to all students aged 16 to 18. Families will receive a fan, a blender, and a grinder, it said. Those living below the poverty line will get an extra bonus: four free sheep.

At the last state elections in 2006, the DMK offered free color televisions in the name of “women’s recreation and general knowledge.” Since then the party has bought 16 million sets for about $827 million of taxpayers’ money, enough for one in every four people in the state, according to Tamil Nadu’s interim budget published last month.

Handouts included in party manifestos are not barred by election rules, said T.S. Krishnamurthy, who served as India’s chief election commissioner for 15 months up to May 2005. The Election Commission can only prevent the practice during the period between the vote being called and the announcement of the result, he said in an interview March 24.

Mass Poverty

“If you promised a dam, a bridge or a school, it’s for the public good, but when you promise something for a section of voters, in my opinion, it’s a bribe,” Krishnamurthy said.

While Tamil Nadu, with a per capita income of about $1,000 in 2009, according to the government’s statistics department, is prosperous in comparison with other Indian states, about 22 percent of rural households don’t have access to electricity, a study by New York’s Columbia University found. It is home to more than 12 million people -- greater than the population of Portugal -- living on less than $2 a day, the World Bank says.

“Nobody is dying of starvation, the standard of living is reasonable,” Kanimozhi said. To tackle the power shortage, “we have come up with lots of projects in the last five years and by 2012 it will be under control.”

Sari Stampede

Politicians handing out saris to voters in Uttar Pradesh triggered a stampede in 2004 that killed 21 women. In other regions such as Andhra Pradesh parties have pledged free power and cheap rice to poor voters. State assemblies will also be elected in Assam, West Bengal and Kerala in April and May.

Subramaniam Balaji, a Tamil lawyer, filed a complaint to the Election Commission on March 22 claiming that the DMK is breaking rules that prevent parties from paying for votes. He said DMK promises would cost 200,000 rupees ($4,500) per family over five years and that the money would be better spent on poverty-reduction programs or building roads and power grids.

“The government cannot afford to fritter away its money,” Balaji said in an interview in Chennai. “The chief justice of Madras High Court came to a local court recently where there were no tables, no chairs, no bathrooms, no water. And the government is proposing to throw away money on these luxury goods. What on earth is going on?”

Parties led by film stars and scriptwriters have dominated politics in Tamil Nadu for four decades, using cinema to promote Tamil culture and language and win support. DMK head and Tamil Nadu chief minister Muthuvel Karunanidhi wrote plays and film scripts, while AIADMK leader Jayalalitha was formerly a popular actress.

Former Telecommunications Minister Andimuthu Raja, a member of the DMK, resigned from the government in November and is now in jail after being accused of benefitting telecommunications companies in the 2008 award of licenses to run mobile-phone services. He denies any wrongdoing.

To contact the reporters on this story: Andrew Macaskill in New Delhi at amacaskill@bloomberg.net Ganesh Nagarajan at gnagarajan1@bloomberg.net

Complaint against all parties offering freebies

2011-04-07T00:35:00.000+05:30

S. Subramaniam Balaji S-42, TNHB Golden Enclave

Advocate 180, Luz Corner, (Behind

Navasakthi Vinayakar

Temple, Mylapore

Chennai – 600 004.

ssubramaniambalaji@gmail.com Ph: 098405 66877

through E-mail and Speed post Ack. Due

29-3-2011

The Chief Electoral Officer,

Tamil Nadu,

Fort St. George, Chennai -9.

C.C. The Election Commission of India

Nirvachan Sadan, Ashoka Road,

New Delhi – 1.

Respected Sir,

Sub: Complaint – (a ) Against the promise / offer of freebies by DMK led alliance for and on behalf of all the alliance partners, AIADMK led alliance for and on behalf of all the alliance partners and also by the other parties and independent candidates at the Tamil Nadu Assembly election 2011 - Bribery amounting to Corrupt Practice under sec 123 (1) of the Representation of the People Act, 1951 read with section 171-B(2) of the Indian Penal Code –– seeking Disqualification ab initio as it is a violation of the oath under Schedule III (VII A) as enumerated under Article 173 (a) of the Constitution of India on two counts, namely (1) as a private gift is not a public purpose and therefore Ultra vires the Article 282 of the Constitution of India and (2) an express bribe under section 123 of the R.P. Act cannot become a Sovereign function of the State even under the garb of Legislative sanction- request immediate penal action – Regarding.

Ref: (1) My earlier complaint dated 24-4-2006 and sent to you through Email and also registered post on the subject of free colour television (bribe) promise at the Tamil Nadu Assembly Elections 2006.

(2) My earlier complaint dated 10-12-2007 on the subject of free colour television (bribe) promise at the Gujarat Assembly Elections 2008.

(3) Your reply dated 1^st February 2008 in No. 4/RTI/01/2008/JS II/ 1535.

(4) My earlier complaint dated 10-4-2008 on the subject matter of free colour television (bribe) promise at the Karnataka Assembly Elections 2008.

(5) My earlier complaint dated 22-3-2011.

****

1. I am a practicing Advocate at Chennai and am lodging this complaint as a sequel to my above referred complaints dated 24-4-2006, 10-12-2007, 10-4-2008 and 22-3-2011 which may be read as part and parcel of this complaint.

2. The issue of offering / promising a household accessory of (1) Grinder / Mixie / fan, (2) free bus pass to senior citizens (3) free cash grant for women self help groups (4) free houses worth more than Rs. 1 Lakh (5) free laptops for students (6) free 4 grams Gold and marriage expenses for girls at marriage (7) free rice (8) free Cash of Rs. 1,500 Per month per family (9) free refrigerator and washing machine (10) free 5 Sovereign chain for women (11) free cows and 4 goats and (12) free Nano car etc promised by the DMK led Alliance, the AIADMK led alliance, other parties and independents to induce the voters to vote for their candidates or themselves is nothing but a bribe under section 123(1) of the R.P. Act and also a promise of an unconstitutionality at an election, which is a violation of the oath taken at the time of filing the nomination. The candidates of the parties that have promised / offered this wholesale bribe by printing it on behalf, and also the alliance candidates who are riding along with them, have neither condemned nor disowned this wholesale bribe and are therefore estopped from disowning the said bribe offer / promise at a later date, are therefore liable to be penalized for the same.

3. Moreover, the political party that is putting up the candidate is nothing but a body of individual citizens, an association of persons that includes the candidates and therefore the candidates are estopped from stating at a later date that the manifesto promise/ offer of bribe does not bind them or was not offered / promised on their behalf. A large scale printed offer / promise of individual inducements / incentives with an intent to interfere with the duty of a citizen to cast his vote without fear or favour has been tampered with by these freebie offers / promises and the ingredients of section 13 of the PCA would apply to the instant case, where the citizen is discharging his duty under the Constitution. This freebie offer has completely vitiated the election atmosphere now that people have stopped buying mixie or grinder and are awaiting for it to be given by the new Government. If such large scale bribes are allowed to be pedded by your office, thus undermining the solemn process of elections and resulting in derogation of the Constitution of India, our nation would not remain a Sovereign Republic, but would soon become a Banana Republic.

4. Kindly read my earlier complaint dated 22-3-2011 and these candidates have already attracted disqualification under the R.P. Act for having peddled a bribery and unconstitutionality at this election.

5. Therefore kindly take steps to disqualify all the candidates of these alliances, parties and also the independents who promised such a bribe and an unconstitutionality. whether they emerge victorious or not. Disqualifying about 700 odd candidates out of a population of more than 7,00,00,000 would not do any harm to the society, but would only go to cleanse the system by getting rid of such corrupt and self serving politicians. The office of the Election Commission has to elevate the standards at election and not allow such bribes by unscrupulous and cantankerous politicians to hijack the elections and undermine the solemn process of elections that sustains our democracy.

6. As the Constitutional authority in charge of the General Elections in the State of Tamil Nadu, I therefore request you to initiate immediate action against all the candidates who have offered / promised freebies, whether they belong to a party or the alliance partners or an independent and take steps to disqualify them for their free gift offers / promises and also initiate appropriate proceedings to recover the election expenses incurred by your Commission and also appropriate Criminal proceedings in the interests of Democracy as enshrined in the Constitution of India.

“ Eternal vigilance is the price of democracy”

Thanking you

Yours Sincerely,

S. Subramaniam Balaji

Complaint against freebies at Tamil Nadu Elections

2011-03-28T09:25:00.002+05:30

S. Subramaniam Balaji S-42, TNHB Golden Enclave

Advocate 180, Luz Corner, (Behind

Navasakthi Vinayakar

Temple, Mylapore

Chennai – 600 004.

ssubramaniambalaji@gmail.com Ph: 098405 66877

through E-mail and Speed post Ack. Due

22-3-2011

The Election Commission of India

Nirvachan Sadan,

New Delhi – 1.

C.C. to the Chief Electoral Officer,

Tamil Nadu.

Respected Sir,

Sub: Complaint – (a ) Against the promise / offer of (1) free Grinder or Mixie (2) Rs. 2 Lakhs free grant to women self help groups (3) free laptops to college students (4) free bus travel for senior citizens and (5) Rs. 25,000 additional grant to the Kalaignar housing scheme to the Electorate of Tamil Nadu by the Dravida Munnetra Kazhagam in its manifesto – Describing the freebies as the Heroine of the election and the previous free colour television promise as the Hero of the 2006 election – (b) Against the promise / offer of a cash purse of Rs. 1,500 per month to poor families by the Pattali Makkal Katchi, (an alliance partner with DMK) - Bribery amounting to Corrupt Practice under sec 123 (1) of the Representation of the People Act, 1951 read with section 171-B(2) of the Indian Penal Code –– seeking Disqualification ab initio even at the time of filing their nominations as it is a violation of the oath under Schedule III (VII A) as enumerated under Article 173 (a) of the Constitution of India on two counts, namely (1) as a private gift is not a public

purpose and therefore Ultra vires the Article 282 of the Constitution of India and (2) an express bribe under section 123 of the R.P. Act cannot become a Sovereign function of the State even under the garb of Legislative sanction- request immediate penal action – Regarding.

(2) My earlier complaint dated 10-12-2007 on the subject of free colour television (bribe) promise at the Gujarat Assembly Elections 2008.

(3) Your reply dated 1^st February 2008 in No. 4/RTI/01/2008/JS II/ 1535.

(4) My earlier complaint dated 10-4-2008 on the subject matter of free colour television (bribe) promise at the Karnataka Assembly Elections 2008.

****

1. I am a practicing Advocate at Chennai and am lodging this complaint as a sequel to my above referred complaints dated 24-4-2006, 10-12-2007 and 10-4-2008, which may be read as part and parcel of this complaint.

2. The issue of offering / promising a household accessory of Grinder / Mixie as a free gift to all women therefore falls squarely within the definition referred above. Even presuming that the section 123 does not exist in the Representation of the Peoples Act, is it not a bribery under the common law to woo the electorate with a blatant free gift of considerable worth as a quid pro quo for votes? Mixie / grinder is a household accessory and definitely not an inherent right to be sought by the people from the Government. The Government is not duty bound to provide life style accessories to the people, not in any form, and more so definitely with a mixie / grinder.

3. The whole sale promise / offer of monetary benefits / gratification estimable in money to all voters on behalf of the candidate by the nominating party / anybody on behalf of the candidate is blatantly unconstitutional since it is a bribe and corrupt election promise for the sake of promoting a party / alliance prospects. Transferring the consolidated funds of India / State to individuals is unconstitutional and illegal and void ab initio as it is ultra vires Article 282 of the Constitution of India. An Unconstitutional promise at an election by anybody on behalf of the candidates, in this case by the Party, therefore would entail the disqualification of all the contesting candidates of the Party, since he is promising an unconstitutionality apart from attracting the punishment for attempted bribery. The DMK alliance along with Congress, PMK, Dalit Panthers and other parties are indulging in this flagrant violation of the Constitution of India, since they have tasted earlier electoral victory based on the corrupt promise of free colour televisions in the Tamil Nadu Assembly Elections 2006. It is because of your Commission’s lethargy and disregard for my complaint dated 24-4-2006 against the promise of free colour television by the D.M.K. party / D.P.A Alliance in Tamil Nadu that this cancer has been spreading and has stooped to the present situation of mixie / grinder etc. Kindly read the above referred complaints also as a part and parcel of this complaint and in it I had stated that in the future it would not be surprising in the future elections in all States if the rival candidates promise through their Manifesto household items like Refrigerator, Mixie, Fan, Air cooler, Iron Box, Mobile phones, two wheelers and after all this is satisfied even cars and after that even helicopters with illogical and imaginary purposes so as to hoodwink the Constitutional provisions. Of course for your Commission it would be an even contest, if rival parties promise such Unconstitutional freebies!

The duty of a Government is to only carry out primarily Governmental functions like Law and Order, Military, taking care of the essential services including food, clothing, shelter, electricity, infrastructure, communications etc and not transfer the consolidated funds of India / State through private and whole sale gift / charity / providing alms of household accessories to the public! It would therefore precede that at an election for the formation of a Government such Unconstitutional promises ought not to be made, be it by a Political party or an independent. If all political parties are allowed to take umbrage under their manifesto, then any and every unconstitutionality would be promised and your commission shall not question that in the future also. Economic Unconstitutionality / election bribe has not been viewed seriously by your commission till date. The following substantial questions arise for your kind consideration and action : -

a. Why did not the Election Commission of India take suo moto cognizance of a gift / offer / promise of a blatant future bribe of a free gift / gratification whose value is estimable in money, and is directly aimed at inducing a voter, knowing fully well that such a gift would vitiate the atmosphere of a free and fair poll, and give undue advantage to the promisor and which squarely falls under Sec 123 (1) of the Representation of the People’s Act ?

b. Can a political party for the benefit of their alliance and the victory of its candidates promise / offer wholesale household items/ appliances / luxury goods to the general masses, which is impermissible under the Constitution and therefore void ab inito , but couched on irrational / colourable premises such as entertainment and general knowledge / saving of labour / improving the standard of life of women / common man / BPl families and term it as “Promise of public action” which is not a corrupt practice ?

c. Would it create equilibrium if the other parties too announce freebies of such accessories like fans, mixie, two wheelers, mobile phones, computers, gas stoves, electric room heaters, coolers, helmet, chairs, cots, newspaper and magazine subscriptions, light bulbs and fittings, and cash incentive etc on such other similar irrational premises ?

d. Will not making an Unconstitutional poll promise / offer on behalf of the candidate by the political party nominating him, of a lifestyle accessory / gift to the general masses, which itself is unconstitutional (as it serves no public purpose and whose objectives are irrational and imaginary and does not satisfy the requirement under Article 282 of our Constitution) disqualify the candidates for whom it is made and their elections liable to be set aside?

e. If an electoral bribe under section 123 of the Representation of the People’s Act by a political alliance brought in through a political party’s manifesto not amount to a corrupt practice, will the same by an independent candidate amount to and would be seen as a bribe? If not then can Independent candidates also promise such free gifts to be given in future? And in case an Independent who had promised a gift of Mobile Phones, becomes an important member of the Legislative Assembly then will mobile phones be distributed from out of the funds of the exchequer by the Government so as to fulfill his electoral promise?

f. Now that the PMK has promised a free purse of Rs. 1,500 will a family assured by the ruling DMK front would get (1) a concrete house worth Rs. 1Lakh + (2) grant to its women folk of a sum of Rs. 5,000 – Rs. 10,000 through the women self help group + (3) Rs. 1,500 per month as promised by PMK + (4) a mixie / grinder as promised by DMK + (5) a laptop computer worth Rs. 20,000 or more for the children of the family + (6) free bus travel to its senior citizens worth atleast Rs. 2,000 Per annum presently + (7) 35 Kgs of rice worth atleast Rs. 175 ( purchase price of Rs.5 per kg) thus totalling an approximate sum of over Rs. 2,00,000 over the next 5 years per family thus entirely vitiating the electoral atmosphere with such promise / offer of unconstitutional transfer of public money held in trust by the Government. If the promise of a “gift” which squarely falls under the definition of Bribe in common law be considered active bribe then the expectation by the intended receiver group to receive ought to be considered as passive bribe and consequentially would it not therefore in spite of it being present or future gift would still fall under the definition of a bribe under the Representation of the People’s Act ?

g. Will an electoral malpractice/ corruption like the present case where a free gift of a lifestyle accessory is promised to the general masses, which is primarily aimed at boosting the party / alliance’s image and ensuring a victory in an impending election, is subsequently funded at the cost of the State exchequer, (and not opposed even by the opposition for the fear of antagonizing a very large section of the society to which it is distributed) become constitutionally / legally valid?

h. Is not an Unconstitutional promise void ab initio under the Contract Act and therefore a promise of a void contract to induce / offer to gain pecuniary gain at an election not a bribe?

i. Is not a Government a “Trustee” of the consolidated funds of India, be it the Union

or a State and therefore What right has a Party / candidate, at an election to form

a Government, got to promise to “Gift” it to private individuals under whatever pretext

they deem it to be?

I therefore state that the DMK and PMK has cleverly framed a corrupt practice that entails a future gift to induce the large segment of the lower income group people to vote for them, is (1) a corrupt electoral practice amounting to bribery (2) a common law offence of bribery under the Criminal law and (3) blatantly Unconstitutional as it is violative of Article 282 of the Constitution of India, since the said gift is a private gift devoid of any “Public Purpose”. The consequence of such an offence and also a common law crime is disqualification and suitable punishment of all contesting candidates of the Alliance candidates contesting the Tamil Nadu Assembly Elections 2011 whether they emerge victorious or not. They also have to reimburse the election expenses incurred by your Commission.

Your Commission has been created by the “Sovereign”, the Constitution of India and your Commission ought to only protect it, against such blatantly corrupt politicians, and initiate severe action immediately. Our country could ill afford such Unconstitutional, illegal, illogical, crude and perverse joke on the people, who are being hoodwinked by such blatant corruption sugar coated in polity, maneuvered craftily without the knowledge that it is a sure economic disaster.

                  Kindly go through the commentary in the “Halsbury’s laws of England” volume “ Election”
and you can find that such promise / offer  is a direct bribe. I had also come across a citation
 in the ECI Handbook 2006, a case law decided by our Court  which was directly on the point
of charity / offers at the time of elections.  The issue of the unconstitutionality of freebies and its
 illegality and a corrupt electoral practice has been challenged by me and is pending in the
 Hon’ble Supreme Court of India in Special Leave to Appeal (Civil) No(s).21455/2008 and
is re-posted to July 2011.

As the Constitutional body in charge of the General Elections in the State of Tamil Nadu, I therefore request you to step in compellingly by initiating immediate action against the DMK and PMK parties for their free gift offers / promises and also initiate appropriate Criminal proceedings accordingly, in the interests of Democracy as enshrined in the Constitution of India.

Thanking you

Yours Sincerely,

S. Subramaniam Balaji

The Commonwealth sham on Sovereignity

2010-05-08T01:41:00.003+05:30

This is with regard to the Commonwealth .. I saw the pages and was amused at the status of the queen and her position. I dont think I will accept anything like this.

Please see the below web page.. and especially the 3rd para in history
entitled - Members with heads of state other than the Sovereign

http://en.wikipedia.org/wiki/Commonwealth_of_Nations

Members with heads of state other than the Sovereign
The issue of countries with constitutional structures not based on a shared Crown but that wanted to remain members of the Commonwealth, came to a head in 1948 with passage of the Republic of Ireland Act 1948, in which Ireland renounced the sovereignty of the Crown[9] and thus left the Commonwealth. However, the Ireland Act 1949 passed by the Parliament of Westminster gave citizens of the Republic of Ireland a status similar to that of citizens of the Commonwealth in UK law. The issue was resolved in April 1949 at a Commonwealth prime ministers' meeting in London.

Under this London Declaration, India agreed that, when it became a republic, in January 1950, it would accept the British Sovereign as a "symbol of the free association of its independent member nations and, as such, Head of the Commonwealth".
The other Commonwealth countries in turn recognised India's continuing membership of the association.

At Pakistan's insistence, India was not regarded as an exceptional case and it was assumed that other states would be accorded the same treatment as India.
The London Declaration is often seen as marking the beginning of the modern Commonwealth. Following India's precedent, other nations became republics, or constitutional monarchies with their own monarchs, while some countries retained the same monarch as the United Kingdom, but their monarchies developed differently and soon became fully independent of the British monarchy. The monarch of each Commonwealth realm, whilst the same person, is regarded as a separate legal personality for each realm.

and then proceed to this web page especially the para "position" and the next para "history"

http://en.wikipedia.org/wiki/Head_of_the_Commonwealth

Position
The role of the "Head" of the Commonwealth is perhaps best compared to that of a ceremonial president, but for life: unlike a chairman or secretary general of any other international organisation, the Head of the Commonwealth is a symbol of the association – without executive power, yet playing a very important role in shaping the Commonwealth. In this sense it reflects the more traditional role of monarchy; Elizabeth II's powers are theoretically very large, but in practice are never exercised. Elizabeth II serves more as a figurehead, while real power is invested in other roles within the Commonwealth, including the Commonwealth Secretary-General (currently Kamalesh Sharma) and Commonwealth Chairperson-in-Office (currently Patrick Manning).

The title is not vested in the Crown as shared amongst the Commonwealth realms,[citation needed] and the Commonwealth's members might not agree that the next monarch should automatically succeed as Head of the Commonwealth upon accession to the Throne.[citation needed] However, the assumption is that the title itself would become extinct were it not held by the shared monarch, and no new suggestions have ever been put forward by any of the Commonwealth member-countries as to who, if anyone, should take on the role currently exercised by Queen Elizabeth II. In all probability, therefore, her successor as monarch will also succeed to the role of the Head of the Commonwealth. The position of Head of the Commonwealth was discussed at the 1997 Edinburgh Commonwealth Heads of Government Meeting. The consensus was that the title should remain annexed to the Sovereign.[citation needed] This meeting was attended by Elizabeth II.[3]

In its current role, the Head of the Commonwealth is recognised by its members as the "symbol of their free association", attends Commonwealth Heads of Government summits and the quadrennial Commonwealth Games and on every Commonwealth Day, the second Monday in March, broadcasts a message to all member countries.

Every two years a Commonwealth Heads of Government Meeting (CHOGM) is held, at locations throughout the Commonwealth. The Head of the Commonwealth is normally present in the host country, and has a series of private meetings with the Commonwealth countries' leaders and attends a CHOGM reception and dinner, and makes a speech there. The latest CHOGM was held in November 2009 in Port of Spain, Trinidad and Tobago; the next meeting will be held in 2011 in Australia.

History

The London Declaration of 1949, devised by Canadian Prime Minister Louis St. Laurent, stated that the monarch would be a symbol of the free association of independent countries, and as such the Head of the Commonwealth. These words meant that kingdoms that were not Commonwealth Realms, as well as republics, could remain members - they could recognise the monarch as Head of the Commonwealth without accepting the person as the country's head of state.

Thus when India adopted a republican constitution on January 26, 1950, it recognised George VI as the symbol of the association, but no longer as India's head of state.
When Elizabeth II came to the throne in 1952 she became Head of the Commonwealth.

On her accession she announced:
“
The Commonwealth bears no resemblance to the empires of the past. It is an entirely new conception built on the highest qualities of the spirit of man: friendship, loyalty, and the desire for freedom and peace.[4]
”
In December 1960, the Queen had a personal flag created to symbolise her as an individual and not associated with her role as Queen of the United Kingdom. Over time, the flag started to be used in place of the Royal Standard when the Queen visited Commonwealth countries where she was not head of state and for Commonwealth occasions in the United Kingdom to symbolise the Queen's role as Head of the Commonwealth. When the Queen visits Marlborough House in London, headquarters of the Commonwealth Secretariat, her personal standard is raised and not the Royal Standard.[5]

then to this page "London Declaration"

http://www.thecommonwealth.org/files/214257/FileName/TheLondonDeclaration1949.pdf
The London Declaration
The Governments of the United Kingdom, Canada, Australia, New Zealand, South Africa, India, Pakistan and Ceylon, whose countries are united as Members of the British Commonwealth of Nations and owe a common allegiance to the Crown, which is also the symbol of their free association, have considered the impending constitutional changes in India.
The Government of India have informed the other Governments of the Commonwealth of the intention of the Indian people that under the new constitution which is about to be adopted India shall become a sovereign independent republic. The Government of India have however declared and affirmed India’s desire to continue her full membership of the Commonwealth of Nations and her acceptance of The King as the symbol of the free association of its independent member nations and as such the Head of the Commonwealth.

The Governments of the other countries of the Commonwealth, the basis of whose membership of the Commonwealth is not hereby changed, accept and recognise India’s continuing membership in accordance with the terms of this declaration.
Accordingly the United Kingdom, Canada, Australia, New Zealand, South Africa, India, Pakistan and Ceylon hereby declare that they remain united as free and equal members of the Commonwealth of Nations, freely co-operating in the pursuit of peace, liberty and progress.
26 April 1949
-------------------------------

the time line for the beginning of commonwealth clearly points to a clearly laid out plan to have member countries under the British monarchy.

http://www.thecommonwealth.org/Internal/191086/140633/timeline/
Timeline
1884: Lord Rosebery (later British PM) calls Empire a 'Commonwealth of Nations' whilst visiting Australia.
1887: First Colonial Conference for consultation between Britain and its colonies. This leads to Imperial Conferences between the UK and Prime Ministers of the self governing dominions.
1926: Imperial Conference: UK and its dominions agree they are "equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by common allegiance to the Crown, and freely associated as members of the British Commonwealth of Nations."
Regular Prime Ministers meetings become the forerunners of today's Commonwealth Heads of Government Meetings.
1930: First Commonwealth Games held in Hamilton, Canada.
1931: Statute of Westminster gives legal status to the independence of Australia, Canada, Irish Free State, Newfoundland, New Zealand and South Africa.
1949: Beginning of the Modern Commonwealth. India decides to become a republic. London Declaration allows republics to retain membership, acknowledging King George VI as Head of the Commonwealth.
1953: Coronation of Queen Elizabeth II who becomes Head of the Commonwealth.
Head of the Commonwealth
http://www.thecommonwealth.org/Internal/191086/150757/head_of_the_commonwealth/

The London Declaration of 1949 stated that the British monarch would be a symbol of the free association of independent countries, and as such the Head of the Commonwealth. These words meant that republics could be members - they could accept the monarch as Head of the Commonwealth without being their own Head of State. Thus when Elizabeth II came to the throne in 1952 she became Head of the Commonwealth.
Today the Queen is head of state in 16 of the 54 Commonwealth member countries, all of them fully independent in which – apart from the UK – she is represented by a governor-general.
When the Queen dies or if she abdicates, her heir will not automatically become Head of the Commonwealth. It will be up to the Commonwealth heads of government to decide what they want to do about this symbolic role.
The sense of a new Commonwealth was noted by Queen Elizabeth at her accession to the throne. She said “The Commonwealth bears no resemblance to the empires of the past. It is an entirely new conception built on the highest qualities of the spirit of man: friendship, loyalty, and the desire for freedom and peace.’
The Queens role now includes, by developing tradition, a number of symbolic functions which enhance the sense of family and the vitality of the Commonwealth connection. She holds discussions with Commonwealth leaders, in national capitals, in London and during Heads of Government Meetings. She visits the host country during each summit, meeting the leaders in individual audience and at larger formal functions.
Her state visits have included most Commonwealth countries – not only those in which she is head of state – meeting the people as well as leaders. She delivers a Commonwealth Day broadcast and is present at other Commonwealth Day events including the multi-faith observance – traditionally held at Westminster Abbey – and the Commonwealth Secretary-General’s reception.

Commonwealth citizenship

Main article: Commonwealth citizen
In recognition of their shared heritage and culture, Commonwealth countries are not considered to be "foreign" to each other.[5][66][67] When engaging bilaterally with one another, Commonwealth governments exchange High Commissioners instead of ambassadors. Between two Commonwealth realms, they represent the Head of Government rather than the Head of State.
In addition, some members treat resident citizens of other Commonwealth countries preferentially to citizens of non-Commonwealth countries. The United Kingdom and several others, mostly in the Caribbean, grant the right to vote to Commonwealth citizens who reside in those countries. In non-Commonwealth countries in which their own country is not represented, Commonwealth citizens may seek consular assistance at the United Kingdom embassy.

DEAR READERS, these are my questions : -

these wordings in the commonwealth site clearly states that it is the queen who is the head of the common wealth but the wikipedia site says she has a seperate flag and she is an independent person..

if she is an independent person how can she be a lifelong chairman of a free association in whcih about 54 government heads
are members or participants under her chairmanship ? If India is participating in such an organization is it not unconstitutional ?

Moreover how can the commonwealth use the word "allegiance" to the king .. so does it mean that the British crown is still a super constitutional monarch of our Country or an exo-constitutional office above the President of India ? Cant an elected president or prime minister become the head of the commonwealth ? If that is the case how can India, under its Constitution accept to be a member of such an organization ? Tomorrow if the head of common wealth is given to (for ex) the Pope at vatican or the king of Norway or Spain , will India accept his chairmanship for ages to come ?

If Queen Elizabeth is an independent person as described in the wikipedia site having her own flag and it flying at the commonwealth functions attended by her, under which provision of our Constitution can our government recognize it as an international organisation and give it legitimacy in foreign affairs and also spend a huge sum on it including the future common wealth games ? is it not maintaining and protecting an individual and her seat at the expense of the member countries, but surreptitiously under a cleaver disguise of an international organization ?

Moreover how can Indian Government sign a declaration in 1949 saying that they accept the king as the head of a free association ? then is our Sovereign head inferior to the king or queen of England ?? and cannot ever become the head of the commonwealth which will be attended by the queen or her successors as one of the head of states?

In these circumstances will not spending for the commonwealth games itself unconstitutional ?

My opinion is our Government has hidden facts from public or half baked or misinformation has been handed out to the public and accepted the commonwealth membership, which clearly undermines our Sovereignity.

What do you say

with warm regards

S. Subramaniam Balaji, Advocate, Chennai.

congress fluke victory, a national calamity.

2009-06-01T00:12:00.002+05:30

Friends,

Congress party victory is a fluke and just happened by chance. we Indians are penny wise but pound foolish. we did not know that the greatest wealth stashed in swiss bank accounts by congress, nehru, indira gandhi, rajiv gandhi, sonia and her kids, indian businessmen and all coteries, would have come back. It would have also included the wealth of all arms kickbacks and other kickbacks from government of India. Had L.K. Advani been the Prime Minister it would have come back. But with the European / Italian mafia sonia gandhi and coterie leading the show, it would never see the light of the day. By giving 100 or 200 rupees for a vote, they have simply secured and safeguarded their funds.

Rahul Gandhi is a pretender who is biding his time for his sychophants to elevate him. This is the fate of our country. Just because he spoke in the parliament to increase the net for the persons to be included in the loan waiver scheme, our country lost 12000 crores more... even rich farmers who did not pay their loans back got this booty and so voted the congress for the advance bribe given by rahul gandhi. Shame on our democracy. Youth can take the nation forward, but not persons who are unscrupulous. Let their family come out clean on Bofors and the kickbacks. Ok ..

Congress cannot speak of democracy as it is only run by a family and a coterie. it nominates all and sundry for party posts and they inturn ransack the nation and secure their positions. the question of inner party democracy is at odds with the congress who threw out mr. sitaram kesari, an old man from the seat of the congress president to make an italian lady take the seat. shameless coterie. dont think they can do wonders for the nation. the congress party is out there only on the support and supply of foreign intelligence agencies and it is very clear from the KGB connections it has and also the bofors arms dealers connections. so the congress destroying the country at their instance is already well established. the same also extends to their supportive parties and includes DMKwhich has nominated a rougue as a central minister. Dont you also know about the 30000 crores spectrum scandal ? are you supporting that kind of loot ? the entire tenure under the lameduck zombie manmohan singh is a dacoity and plunder that will rival mohamad gazhni...

S. Subramaniam Balaji, Advocate, Chennai.

A CRUSADER in black shiny armour - check out these two

2009-04-10T23:09:00.003+05:30

http://www.hindustantimes.com/StoryPage/FullcoverageStoryPage.aspx?sectionName=HomePage&id=5189c561-6dc5-4bfa-a21f-1e055ec89acaMyIndiamyvote2009_Special&Headline=Chennai+advocate+urges+poll+panel+to+disqualify+TDP+candidates

http://week.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/contentView.do?contentId=5348309&programId=1073754953&pageTypeId=1073754893&contentType=EDITORIAL

Mail sent to a leader of BJP urging the BJP, Tamil Nadu to contest all 40 seats

2009-04-05T11:55:00.001+05:30

Respected Ji,

Namaste.

Now that you told me that you are checking Emails regularly, I am writing to you for you to decide and act immediately.

I heard that BJP Tamil Nadu unit seems to have decided to contest only 12 or 15 seats in the upcoming elections. This would be disastrous for the party as it will make the cadre and voter base simply vanish. I dont understand the logic of contesting only this tiny number of seats. 15 LS seats mean that we contest only about 90 assembly segments and our voter base would vanish. How is this fair ??

If this happens then when will we work to improve our cadre base and penetration ? All the other parties would not even think of alliance with us in the future if we do not even contest elections and that too as a national party is it not our first priority to contest the parliamentary elections ? It is well understood that our party would not perform well in Tamil Nadu may be except two or three seats that are our forte. Then why should we shy away from contesting other seats ?

It is well accepted that our vote share does not matter to any other party for them to consider us for an alliance. If we are not contesting in support of ADMK, whom we may think would support us after the elections, then where is the necessity even to fight the 15 seats? The ADMK never acknowledges us and therefore why should we acknowledge them ? If our victory in getting votes results in some party losing some seats that itself would be a victory for us.

Moreover if the cadre and voters of BJP do not have any direction or if they are clueless then what will happen to their morale ?
If for example, Shri. Suriji is a registered voter at Central chennai and there is no candidate there, then in that case for whom would he vote ? Will he vote an independent, or AIADMK or DMK alliance ? if it is ADMK then is it not voting the communists ? If it is DMK is it not Congress ? Is this not a very pathetic position not only for the party but also for the last voter who would vote for us ?

We obviously cannot spend to the tune of DMK or ADMK and that does not matter for our electoral prospects. Whatever is supposed to be the money that the party is willing to spend on the candidates could be spent on the important seats and all other candidates could be told that they will have to manage themselves. It is more than enough if the candidates do the rounds and the people are not fools and they know instantly as to who is contesting and would vote if we just make the rounds. Booth committees, elaborate campaigning etc are not necessary at all since anyway we cannot even match the DMK or the ADMK even 10%.. But that should not put us in the bad light. Our duty is to fight and let us do it. There is nothing shameful or embarrassing in losing, but it is the greatest shame if we do not fight at all. Not only our enemies will ridicule us, our own family and friends would also ridicule us and moreover our own conscience would torment us forever. That is what Lord Krishna says in Bhagvadgita. ( Chapter II verses 33 to 39)

Therefore please do something to make us contest all 40 seats.

Thanking you

Ever in the Service of the motherland.

S. Subramaniam Balaji

Court order on suspension, the joke or tragedy

2009-04-04T11:31:00.001+05:30

well friends, we all know that the Madras High Court had passed an order to suspend 2 cops below the rank of the Commissioner of police, Chennai, with regard to the violence in the High Court premises, followed by inaction on the part of the State Government in not suspending them, simultaneously by the appeal of the cops to the Supreme Court and the supreme court not interfering but allowing 2 weeks for the Tamil Nadu Government to file their counter and in the interregnum the Madras High Court conducting the swearing in ceremony for the 14 judges of the Madras High Court, with the cooperation of the lawyers to the Court and thus ensuring their participation in the official function. The Advocates fraternity has been relegated to be a non-entity in the entire issue, thus suffering from the twin insult of being attacked by the police and then the non-interference of the Court to initiate appropriate action against the true culprit.

The A3 City police commissioner, Mr. Radhakrishnan has been let off the hook along with the A1, the Chief Minister mr. karunanidhi and the law minister mr. durai murugan, the protectors of A3 together with the court. The entire process was directed by the city commissioner who was present at the Esplanade police station even before the flash point at about 1500 hours on 19th february 2009. He had somehow hoodwinked the Srikrishna commission that he was present at the court only after 1700 hours, which everyone knows to be untrue. The entire episode of violence from the beginning was orchestrated by him and only at his command the first batch of hooligan policemen lathicharged the vehicles and damaged them. One of hooligan policeman dressed as a lawyer breaking the window pane of a car along with two policemen thrashing the windshields is the beginning, which was being directed by the commissioner from the esplanade police station. when I was near the policestation at about 1500 to 1530 hours one of the constables had commented that "Periya ayyah" was there and supervising everything. It now dawns on me that it is the commissioner himself who was present there.

There are some intriguing questions that need to be answered : first, if the 2 officers below the rank of the commissioner could order lathicharge, then why did the commissioner not stop it ?

two, if the commissioner did not stop the lathicharge ordered by his subordinate officers, isnt he not estopped from shirking the responsibility for the same ?

three, if the commissioner did not know that his subordinates had done the lathicharge without his knowledge, commanding the force, which he can only command, then is it not a mutiny in the police department, for which the two officers should be summarily dismissed ?

four, if the rapid action force took instructions from lower level officers other than the commissioner, only whose order they are supposed to take for initiating lathi charge, then is it not that they too were part of the mutiny and indulged in wanton arson and destruction of public and private property, and therefore should not also be dismissed summarily ?

five, if the police commissioner was present at the esplanade police station or near abouts since 3 00 pm, then why is the 2 suspended cops remaining mute about this and their receiving orders from the commissioner ?

six, if the 2 suspended cops are mute about the commissioner's involvement but has suppressed it before the srikrishna commission, is it not perjury for suppressing truth before the commission constituted by the supreme court of India ?

seven, the commissioner himself lathi charged and this is a fact that need not be proved, in that case did he take the orders of his subordinates, and if he had taken orders from his subordinates who have now been suspended, then should not the commissioner be immediately demoted to be an assistant commissioner or inspector or may be even a constable befitting his behaviour on that fateful day and also suspended along with the 2 suspended cops ?

last but not the least, why is the city police commissioner being protected like this by the State ? is it because he acted on their behalf ? then is this government not a perpetrator of violence against people and is therefore liable to be dismissed ?

why are the courts, both the high court and also the supreme court feel shy about initiating action againt the police, while they are too dashing and keen to quell anything done by the lawyers ?

any way, people should realize that just because the violence was done by police does not mean that it was against unruly lawyers. On the contrary it is the police who had indulged in rank arson and hooliganism on the fateful day inside a constitutional building but still managing to dodge the slow and steady hand of truth, with the help of the State Government. Ofcourse when the truth comes out people would have other problems to think about and thus this would, like so many human right violations in our country would be relegated to some stupid file sleeping in some dusty corner of a large complex.

I remember reading long long ago so long ago that i dont remember how long ago in illustrated weekly of india, of a journalist who had written that the " Indian police is the most organized mafia in the world". February 19th, 2009 proved it to be true, at least to the Advocates of the madras high court.

vande mataram....

Madras High Court lawyers return to work ... patch up - mailed on 20-3-2009 to friends

2009-03-30T00:42:00.003+05:30

The Court has evolved something to pacify the Advocates through their hogwash suspension of 2 police officers, just for the sake of having the Advocates crowd during the oath taking ceremony for the next lot of 14 Judges to be sworn in shortly, is nothing but a simple ploy to trap the agitating Advocates to return to Court on some pretext or other and to give them an honourable exit. As lawyers we have to welcome that something has happened to bring down the curtains on this ugly issue, but finally it turns out that the Advocates are the losers.

I would like to emphatically state that it is a national shame that such judges who are just plain cowards and shameless sit in our Courts. I am mentioning about the Judges who had the taste of the mob police's Lathis but still did not open their mouth against it or act against it through their enormous powers under the Contempt of Court Act.

The Judges of the High court along with those of the City civil court and also the Small causes court who were hit but had not opened their mouth to raise a complaint, on such a plain criminal action are not fit to be judges and deliver judgments. What right have they got to indict witnesses turning hostile or to chastise the witness who under some duress or reward succumbs against truth. These high priests of justice themselves are mortally afraid of the police or the State government and have not proceeded to tell the truth either to the Srikrishna Commission or to the President of India or initiate suo moto action for contempt against the police.

It would be better for the lawyers to boycott these judges courts in the interests of justice and also in the better interests of Truth and our Country, till they tender their resignations voluntarily or are forced to resign wilting on the shame of their ineptitude. Whatever happens, whether they resign or not, their conscience will kill them for having buried the truth in such a shameless manner and that too even after much spilling of blood on this august premises.

It will not be very long before the Delhi police to enter parliament and lathi charge the members during a session, just because like what happened in our high court, a group of naxalite members would cause some contempt and the police would take the opportunity to humiliate the institution ( of course with the permission of the head of the State at that time) !!!

HIGH COURT VIOLENCE AS I SAW IT - originally mailed to friends on March 7, 2009

2009-03-30T00:40:00.002+05:30

I was a witness to the happenings both on the 17th February and 19th February having been near ground zero on both occasions, because of my court work exactly at those places.

what happened on the 17th, that is the egg episode is the most disgraceful, shameful, contemptuous action done by the naxalite or CPI (ML) or SFI allegiance lawyers. But please remember that they are only a few out of the entire Advocate fraternity and not more than a dozen would support their views. But unfortunately on the 19th, in the police station episode some uninformed or near stupid Advocates went overboard on their zealous task to protect their Advocate brethren from getting arrested. THATS ALL. They did not, I INSIST, they did not indulge in any violence or induce any violence at the first instance. I TELL THIS PERSONALLY SINCE IT IS THE TRUTH, EVEN THOUGH I PERSONALLY DO NOT EVEN POINT ONE PERCENT ACCEPT THE RHETORIC OR DOGMA OF THE SLOGAN SHOUTING, EGG THROWING BRIGADE.

The so called Human Rights lawyers who were present in the police station instead of diffusing the situation and working out a solution did the most foolish thing by trying to lodge a false complaint against Dr. Swamy, so as to get a supposed BALANCE. Plain bull shit. They did not anticipate the violence that was going to be unleashed. The other actions of roguish behaviour at that point of time by the Advocates was more barking than biting. The Advocates were not at all armed or were ready for some fight or violence. The police had shields and also lathis. If Advocates threw stones they could have shielded themselves and walked out. They could have picked up these 19 lawyers from their homes at leisure. The Advocates did not boycott or protest when the first of the 20, one Mr. Gini Liew Manuel was arrested on the night of 17th.

Why should the police hit with lathis ? It was the police who threw stones from the first floor of the NDPS court building on to the local police. The same guys who in the garb of Advocates are seen smashing cars in one or two photos are the ones who also threw stones in the first instance on the local police who were there. Secondly, it was the police themselves who burnt the police station with tyres brought from a nearby puncture shop, and petrol sourced from the bunk near Thiruvalluvar bus stand. They poured the petrol in the tyres burnt it and rolled it into the police station. Tell me from the videos as to where was the sentry at the police station or what he was doing when it is his job to save the police station and not run away from it. Moreover show me one camera footage of Advocate's burning the police station. The stupid ones burnt some things outside the station and the things sourced from the police station.

Why did not the police lathi charge the Advocates when they tried to burn the police station ? Where were they ? Were they at the Commissioner's office or the DGP's office ? They were right there, but cleaverly moved away so as to show in the cameras that it was the Advocate's who did it. Moreover to proof for the same is that the entire files from the police station had been moved out by the police much earlier and only the cause list bundles and some useless papers were allowed to be burnt. How is that the steel cup board that is shown to be burnt by Advocates was empty and its lock open ? Had the police station been burnt suddenly all the records would have been destroyed and the police would have raised a hue and cry about this even at that time. Why have they not done it till now ?

Moreover the entire issue was done with orders from the higher level including the Law minister, who has nothing to do with Law, except that he perpetuates unlawfullness alone. Why has he not visited the lawyers the same day at the hospital if he is not guilty ? The police had planned it earlier and the strike force stationed at pudupet knew that that this is what is going to happen in the High Court even as early as the previous night. The police also molested women and women lawyers during the mayhem, including assault both verbally and physically. Who ordered them to do this ? shameful.

Now why is the Commissioner hiding behind policemens wives ? if he has not allowed the strike force to move out, which moves out only on his command. If he had not ordered their entry into the High Court, then who ordered it ? If it was nobody or his subordinates then it is a police mutiny which has to be probed seperately and the perpetrators punished. isnt it ? The rowdy state government wants the police to capture booths and assist in punching false votes during

The same Advocate group are also anti-Hindu and shouted pro naxal slogans during the Kandhamal violence at Orissa. The same bunch of egg throwers are also in the forefront of the anti-Chidambaram Temple agitation, and thus because of their foolishness, arrogance, anti-nationalism and anti-establishmentarianism had brought in this shame and disrepute to the entire profession. They have no business either to shout slogans or sit on dharna inside the court on non-professional issues, both Eelam and also Chidambaram temple issue.

I hope that the hooligan lawyers would themselves repent their stance and go before a bench at the High Court and accept responsibility for their action and end this boycott. I think that alone would be a starting point to end the boycott.

Even Dayanidhi maran barked " Ayyo Kolranga" "Ayyo Kolranga" at the time when Karunanidhi was arrested and made a big fuss. Karunanidhi could have got arrested quietly, peacefully and gracefully knowing his stature and age, but when he himself did not do, how can you expect young and mob-attitude lawyers to get arrested and that too at their FORT ! ! May be he would get arrested gracefully the next time ! let us wait for that and see it.

No Police can step into the Courts anymore. The Advocates WILL NEVER ACCEPT THEIR APOLOGIES, even if tendered. Even if i differ with the Naxalite group Advocates who were the spark to this entire violence or the Justice Sri Krishna report which is near absolute wrong in its finding on the nature and cause of the violence on the 19th February, I too will not accept the devlish behaviour of the police and their draconian bosses, whomsoever it may be or accept their apologies, even if tendered. The persons who ordered this violence inside the campus must be PUNISHED.

P.S - I believe that whatever happened had happened because of the wrong judgment given by this Court against the Lord Nataraja at Chidambaram. In Thiruvilayadal Puranam the story of "Pittukku man sumandhu Pirambadi patta kadhai" is well known and similarly here because of a wrong judgment, the entire lawyer community is hit, who, without even their knowledge as to what was happening were hit.

Now Karunanidhi forms a trust to safeguard Vanniar properties and falls at the feet of Dr. Ramdoss.. shameless creature.. but want to take away the Temple at Chidambaram from those administering it ... he proves what he is ... a total casteist, hypocratic and corrupt bigot.

All India Newspaper and newsites coverage of colour tv matter: Website addresses

2009-03-29T23:50:00.005+05:30

http://www.mail-archive.com/sriram-savarkar@googlegroups.com/msg00111.html

http://www.indianexpress.com/news/tn-govts-free-tv-scheme-comes-under-sc-scanner/348619/

http://www.telegraphindia.com/1080814/jsp/nation/story_9690660.jsp

http://www.thaindian.com/newsportal/politics/supreme-court-notice-to-tamil-nadu-government-for-tv-largesse_10083672.html

http://www.deccanherald.com/CONTENT/Aug142008/national2008081484531.asp

http://economictimes.indiatimes.com/articleshow/msid-2934110,prtpage-1.cms

http://www.hindu.com/2004/02/24/stories/2004022410430500.htm

http://www.thehindu.com/2008/08/14/stories/2008081459561100.htm

http://www.business-standard.com/india/storypage.php?tp=on&autono=44678

http://www.tribuneindia.com/2008/20080814/nation.htm

http://www.indianexpress.com/news/karunanidhis-colour-tvs-caught-in-litigation/22867/

http://timesofindia.indiatimes.com/India/SC_questions_DMK_decision_to_give_away_TVs_/articleshow/3362602.cms

http://www.indianexpress.com/oldstory.php?storyid=50189

http://www.hindu.com/2004/02/25/stories/2004022506410400.htm

http://www.livemint.com/2008/08/14001556/Supreme-Court-to-decide-on-pol.html

http://www.rtiindia.org/forum/9527-right-information-clean-electoral-politics.html

http://www.my-tamil.com/n/a/2004/2.shtmlhttp://world.rediff.com/news/article/www/news/2008/aug/13tv.htm

http://world.rediff.com/news/article/www/news/2008/aug/13tv.htm

http://osdir.com/ml/politics.antibriberycampaign/2007-02/msg00029.html

http://newshopper.sulekha.com/topic//colour-tv-sets/newsitem/iansnews/2008/08/supreme-court-notice-to-tamil-nadu-government-for.htm

http://www.zeenews.com/States/2008-08-13/462057news.html

http://www.india-forums.com/news/article.asp?id=115400

http://news.webindia123.com/news/articles/World/20080813/1026628.html

http://www.samachaar.in/Politics/Supreme_Court_notice_to_Tamil_Nadu_government_for_TV_largesse_53103/print.asp

http://bollywood.avashya.com/articles/8781/supreme-court-notice-to-tamil-nadu-government-for-/

http://www.rediff.com/news/2008/aug/13tv.htm

http://www.mynews.in/fullstory.aspx?storyid=8797

http://www.topnews.in/sc-notice-tamil-nadu-govt-tv-largesse-259437

http://www.in.com/news/readnews-current-affairs-sc-notice-to-tamil-nadu-govt-for-tv-largesse-5490241-29228-1.html

http://www.in.com/news/readnews-current-affairs-supreme-court-notice-to-tamil-nadu-government-for-tv-largesse-5461800-29228-1.html

http://www.in.com/news/readnews-current-affairs-sc-notice-to-tamil-nadu-govt-for-tv-largesse-5460331-29228-1.html

http://www.in.com/news/readnews-current-affairs-supreme-court-notice-to-tamil-nadu-government-for-tv-largesse-5460130-29228-1.html

http://www.in.com/news/readnews-current-affairs-pil-against-tn-free-tv-plan-in-top-court-5465040-29228-1.html

http://www.in.com/news/readnews-current-affairs-supreme-court-notice-to-tamil-nadu-government-for-tv-largesse-5461198-29228-1.html

http://courtverdict.blogspot.com/2008_04_01_archive.html

My letters to The Editor, The Hindu

2009-03-29T23:44:00.003+05:30

http://www.thehindu.com/2006/01/14/stories/2006011401941200.htm

Why should Parliament, the business of which is to legislate, sit in judgment of a wrong even if committed by its members? Is the judiciary not in place for the purpose? If, hypothetically, some of the MPs who voted for the expulsion are also shown on camera as having received bribes what will happen to their votes? Why should equals judge among themselves?

S. Subramaniam Balaji,
Chennai

Tata’a ace

http://www.hindu.com/2008/01/12/stories/2008011256311001.htm

The launch of Tata Nano has spread a few myths: it is an alternative to two-wheelers; it will cause lesser pollution; it is the people’s car; and it is safer than two-wheelers. The reality is: two-wheelers are easier to handle; a two-wheeler user can reach the destination faster in the city; parking and moving are easier; a two-wheeler burns only 100 or 200 cc of oxygen but even a small car burns 625 cc of oxygen and, with traffic snarls, the gross emission will be much higher; more cars will make city traffic a nightmare; and a light car is never safe in a highway or high-speed accident.

S. Subramaniam Balaji,

Chennai

Farm loan waiver

http://www.hindu.com/2008/03/04/stories/2008030454840800.htm

The agricultural loan waiver has essentially proved that the policy of economic liberalisation drawn up by Prime Minister Manmohan Singh has not worked and that the Finance Minister could not do anything to take the so-called liberalised markets to the rural masses. Election-eyed loan waivers to one and all will only ruin the economy in the long run.

S. Subramaniam Balaji,

Chennai

Eulogy for a freedom fighter, a labour leader and a devotee, and also my grand father

2009-03-26T01:04:00.004+05:30

My grandfather Shri. Adhiraju P.S. Sambasiva Iyer attained the feet of Lord Shiva on 23-3-2009 at Ariyalur. He was 91. He was a bachelor and my father, his elder brother's son was taken by him in adoption, as his son.

Born as the last son to Shri. Adhiraju Subbaraya Iyer and Subbulakshmi at Karur. His father was an eminent and wealthy lawyer and he shunned the comfortable life at home for freedom struggle through armed means. He had a cash reward of Rs. 10,000 on his head even during 1940's. His fight against the British through armed struggle and his burning down of English owned factories and assets made him a terror for the then administration. Even at a time when he had a prize on his head he was bold enough to elude the surveillance and visit his mother and eat curd rice from her hand and vanish into the forests. Later he was jailed along with Rajaji, which record at the Salem jail was the only one to show that he was incarcerated by the British.

After Independence he was a labour leader who worked tirelessly for the welfare of the labourers at Karur and Ariyalur and continued to fight for their cause till he was about 88 years after which he himself withdrew from public activities due to his slow movement and dependency on help. Though he had problems with his eye sight, his faculties were sharp and he maintained good health. He used to take a handful of peanuts and coffee every evening and had done the same even on his last day at about 5.00 pm. He lived frugally at the basement of his brother's house at Ariyalur and was taken care of by Late Mr. Natarajan and Mrs. Kamakshi till present. He also brought up two boys, Pandian and Selvam, from the underprivileged sections of the society, and got them educated, settled and married. The said Pandian was near him at the time of death.

As everyone of our family elders he too was an ardent devotee of Lord Shiva and was not one bit afraid of death. He used to crack jokes about his impending death and had predicted its arrival before the end of this month. He died peacefully in a minute uttering the words "appa appa", during the final minute which reflects his firm faith on Lord Shiva.

It is said that he was not promoted in the communist party due to his devotion and faith, which were used by his detractors to sideline him in the party hierarchy. He did not mind it at all and remained a loyal member of the party. Several years back when this was brought to my knowledge by his friends and associates I asked him to join BJP for which he said that though he wanted me to work for the cause of Hindutva, he would stand by his party, whether his party stood by him or not. I have had several long introspective sessions with him and am convinced that my ideology is as strong as his. His unwavering mind, clear thoughts and simplicity are his life's message and all those who had been near him and shared time with him are indeed, blessed.

Even God wanted to validate it and recalled him on 23rd March, the same day Bhagat Singh, Sukh Dev and Rajguru were hanged, the same men who were his inspiration.

Of course, except for a garland by the local Tahsildar, none else from the Government were free enough to honour a departed soul. The lazy district collector, who lives nearby did not find time to even honour a freedom fighter and a man who toiled his entire life for the public, free of cost, unlike him who is well nourished out of the people's monies.

The wall posters put up by the communist party and the autorickshaw annoucement made by the party workers throughout Ariyalur were the only media news on his demise. The newspapers and other media did not find a place to print / mention, since may be they did not find the death of the only freedom fighter of that area not newsworthy or interesting. But anyway we are neither bothered by nor care for these corrupt institutions anymore.

A large number of public, the sitting MLA, ex-MLA of Ariyalur and the Communst Party of India visited to pay their last respects.

It is such men who got us independence, which unfortunately has been highjacked by multi spectrum corrupt politicians and their chosen stooges.

Greenways road to DGS Dhinakaran Road - the degradation of Tamil Nadu

2009-03-23T01:59:00.001+05:30

The saturated faith healing market of the west has now landed in India and is marketing its fraudulent wares in our country. It has become a big time business that is now reaching even the last Indian through the medium of television. It is high time that the Government acts against these imported impostors or their Indian versions preying on the huge gullible masses. I do not think that the Magic remedies Act would be enough to bite or puncture this big time disease that is now penetrating and threatening India.

I only feel ashamed at all the Health Ministers from the Union to the States together with all the Health Secretaries and Vice Chancellors or Deans of all Medical Institutions of our country who do not have the guts or courage to blow the whistle at this fraudulent nonsense. If such evangelists could prove that God cures wholesale through their prayer meetings then they should be made the Health ministers or secretaries in government and also the Vice chancellors and deans of medical institutions so that the poor general masses of our country could benefit the direct magical remedy of their God.

It is only in India that we have the four Vedas for the Gods followed by the fifth and sixth vedas namely the Dhanur Veda and Ayur Veda for Humans to protect themselves. We Indians were thoroughly rational even before thousands and thousands of years to know that God has descended upon earth as medicines to cure and the knowledge had been orally recorded and passed on for generations and generations as true knowledge. The great Indian history and epics in various languages have recorded God's direct interference to cure the most devout Bhakta, and only after confirming his devotion. Instances of such faith healing for the ordained ones, of course, only through their direct prayers, are very far and few for a billion population to take to and follow.

Had God wanted to cure, either directly or through his chosen agents addressing in person or through Tv then there is no necessity for medical practitioners. Thus the irrationality that is being pounded through the TV medium in the name of faith healing targeted on lakhs and lakhs of the poor is not only a grave threat to the health department of the government but also a security threat to the nation as such mass hypnotists can wreck havoc by preaching against taking medicines for some grave communicable disease that can cause real problems for the Government and also the people.

I am sure that the magical remedies Act would not work at all since the nadir has been reached in Tamil Nadu a few days before to recognise and felicitate the greatest of such a fraudster. The Greenways Road in Chennai, the most prestigious road where all the High Court Judges including the Chief Justice of the Madras High Court, and all the Ministers of the Tamil Nadu Government have their bungalows has been named after one such fraudulent evangelist by name DGS Dinakaran, who died last year. The current state of affairs in Tamil Nadu is so shameless that instead of naming the most prestigious road which was and is the residence of the best of men who did / doing their Constitutional duty in the name of the first amongst such doyens to have resided in that road, sadly has been named after a fraud who made magical remedies as his full time business, made billions of rupees, acquired huge properties, constructed money spinning educational institutions only for the moneyed class and not the poor, shopped only at the Harrods, London and now his entire family including his grand children are into the same business to continue it in the next millennium.

"Long live Magical remedies and after that, the Indian Law".