I am not supporting anna hazare

Page no : 2

CA Mallika Chaudhary (CWA Final and CA) (418 Points)
Replied 19 August 2011

You can go thru these sections ....

 

Section 107 of the IPC says

 A person abets the doing of a thing, who—

 

First.— Instigates any person to do that thing; or

 

Secondly.—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or

 

Thirdly.— Intentionally aids, by any act or illegal omission, the doing of that thing.


U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

the drama was started almost 10 days before, when govt taken eight days to select a place to grant for protest............ and in midnight added so many clauses ...which were never been in existance ....saying that due to law and order its needed.....

 

anyway, its upto govt, if its law and order, they have to get adhared to it, not to relax it now and never.


U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

and these sections allow you to arrest a person right from his bedroom? if the sections are applicable then why the release....................

 

its malafide intention of govt to disturb the protest and motto of public voice.


U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

one hand allowing them to protest with limited members and other hand imposing sec 144 to same place ( JP park), one day prior to the fixed schedule,  this is the true picture ..................


CA Mallika Chaudhary (CWA Final and CA) (418 Points)
Replied 19 August 2011

No Sir

 

I have no intentions to challenge their knowledge...I am nt so qualified to do so....I believe this bill is pending for approval since 1968....

 

I respect the idea of having an ombudsman ... but there has to be a limit to which he should be subject to....Im just saying...that can Anna take the GUARANTEE that his successors will be as trustworthy as he is.... we definitely do not want to create another corrupt dept in future....



U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

anna has no successor ........but we want our existing politicians under pressure of some strong ombudsman system where they would think atleast before promoting any corruption, now they are fearless and shameless too.


CA Mallika Chaudhary (CWA Final and CA) (418 Points)
Replied 19 August 2011

Section 144 has been the govt's favourite ever since baba Ramdev had started his Anshan.....

 

and I agree its nt fair....but sir....plz go out there and see...youth might be standing at the point of protests n processions....but are all the girls and boys there actually supporting the movement??? I know ppl who go there just to pass their time...Im talking abt such ppl when Im saying that the country's Law n Order is being hampered....ppl are taking undue advantage of the movement....they are just moving arnd here and there... a rally / procession has to have an approved route and time frame...does the concerned movement even know that ppl moving arnd the city may nt be supporting them bt take the shelter of the movement to go out and pass their time...thats wrong Sir...


CA Mallika Chaudhary (CWA Final and CA) (418 Points)
Replied 19 August 2011

Sir, by successors I mean the ppl who will take over as the members of the Lokpal Committee after Anna....


U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

lokpal/lokayukt is the system not to be run by any social activist or parliament, but judiciary bodies of india. so their role ends after the conversion of bill in to laws, and laws would work indepedent. 


U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

 

Key features of proposed bill

Some important features of the proposed bill are:[2]

  1. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.
  2. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.
  3. Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.
  4. A selection committee will invite shortlisted candidates for interviews, videorecordings of which will thereafter be made public.
  5. Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by theLokayukta during the previous month, cases dealt with and those which are pending.
  6. Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.
  7. Losses caused to the government by a corrupt individual will be recovered at the time of conviction.
  8. Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant.
  9. Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months.
  10. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer, judge or politician.
  11. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.

Difference between Government and activist drafts

Highlights

Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill[13]
Draft Lokpal Bill (2010) Jan Lokpal Bill (Citizen's Ombudsman Bill)
Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public.
Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority". Lokpal will have the power to initiate prosecution of anyone found guilty.
Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations. Lokpal will have police powers as well as the ability to register FIRs.
The CBI and Lokpal will be unconnected. Lokpal and the anti corruption wing of the CBI will be one independent body.
Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years. Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.

https://en.wikipedia.org/wiki/Jan_Lokpal_Bill#Key_features_of_proposed_bill



CA Mallika Chaudhary (CWA Final and CA) (418 Points)
Replied 19 August 2011

But, the team is demanding certain other things too...that has been already approved by the Govt.....the composition of the committee requires a fixed no. of candidates from the civil society as well....and by civil society, they mean members of Anna's team...( as of now) ... who shall obviously be suceeded by some other members after they die/ vacate the office...


U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

that is the team still ............upto the rule forming, not after that , one the bill is passed and rule takes existance, such comitee has no existance. 


CA Mallika Chaudhary (CWA Final and CA) (418 Points)
Replied 19 August 2011

Sir, plz go through your point no. 3 and 4 above...Im talking abt the same ppl....are we sure they will be trustworthy and nt another corrupt committee ???


U S Sharma (glidor@gmail.com) (21063 Points)
Replied 19 August 2011

suo motto the motion of the jan lokpal bill is to make top investing agencies make available to general public, without any political indulgence, and it would be duty of such agencies to record the grivences of public and route the remedies faster way, 

its not for punishing anybody, or making anybody convicted, but when the public is in pain, and nobody is there to listen, where they should go? coz they are not supposed to get relief prior to high court, and everybody knows , high court is how juch affordable to general public in terms of cost and time both.



CA Mallika Chaudhary (CWA Final and CA) (418 Points)
Replied 19 August 2011

Hilary Clinton is the VP of USA and belongs to the opposition....Obama stands to be of he ruling party....any decision made is made with the approval and satisfaction of both the ruling party nd the opposition....isnt this a better system ??? Something like this would fetch better results....

 



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