MOBOCRACY PREVAIED AS DIPLOMACY FAILED

AUM
MOBOCRACY IN YIWU CHINA
By Brigadier Chitranjan Sawant,VSM
The International Commodities market is located in a growing city named YIWU in Zhejiang province of China. If you are in business and wish to go there to make use of the booming economy of the Middle Kingdom, Pudong airport in Shanghai is the pace to land. You may hire a car for Yiwu for USD 130 and reach your destination in four hours. Obviously you will look for a hotel that accepts the Indian Rupee, pay Rs 4475 upwards for a good room of international standard and have a sound sleep. However, before venturing out into the chaotic Chinese market, do check up with the bell Captain of the hotel that God is in Heaven and all is well with China.
INDIA GOVT ADVISORY
Just a day or two before the Videsh Mantralaya, Bharat Sarkar has Advisory encouraging Indian businessmen not to visit Yiwu trading centre in China or do business with them. It is so because the local traders had got hold of two Indian traders named Shyam Sundar Agarwal and Deepak Raheja and kept them locked up as hostages for almost 20 days for non-payment of a debt incurred by their employer, a Yemeni businessman. The Indians were dragged to a local court of law where they pleaded that their employer should be brought to book and not the Indians as they were only employees.
The Indian Counsellor in Shanghai, Shri Balachandran who enjoys diplomatic immunity was present in the court room to facilitate communication. A large hostile crowd had assembled there and they not only made menacingly hostile gestures but used abusive language against Indians and even manhandled the Counsellor and the Indian businessmen. The former fainted but no medical assistance was provided to him. Shri Raheja’s brother in Bharat has authentic information that the Chinese crowd tore the clothes of the Indians and stripped them naked in the court room. The real culprit in the monetary transaction, the Yemeni citizen, was absconding and Indians bore the brunt. The Chinese administrative authorities declined to intervene until money matters were sorted out. As per the International Law, it was dereliction of duty on the part of the Chinese officials.
The Govt of India intervened and got in touch with their counterparts in Beijing. It was only then that the courtroom showed some semblance of order. Rule of Law was non-existent until then. The Chinese Ambassador in New Delhi, Zhang Yen has been boasting of his country been a civilised one but in the Yiwu incident there was no trace of civilisation. It is learnt that now five of the rioting traders of Yiwu have been detained by the local police for interrogation.
It is learnt from business circles that the travel and business advisory issued by the Govt of India had a salutary effect as the business circles in China feared losing large business with India. India is a big market for ready- made clothing items and toys made in China. Of late, China has suffered a dent in its building contracts overseas and the rural labour has returned to villages causing social unrest. Beijing does not wish to have more problems on the economic front than it could handle. Therefore, the administration has swung into action , though belatedly.
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Commando calls it a day after a brave fight

Commando calls it a day after a brave fight

DEATH SENTENCE IN CHINA

AUM
DEATH SENTENCE IN CHINA
By Brigadier Chitranjan Sawant,VSM
The concept of death sentence is as ancient in China as the kingship. Much before the constitutional concept of separation of powers among the Legislature, the Executive and the Judiciary came into existence, it was the monarch who exercised the authority of the three wings just mentioned plus the residual powers. His word was Law. He could order an individual, never mind if he or she was his subject or not, a citizen or an alien,to be hanged till death. The King had the unlimited powers on the life, limb, goods and chattel of anyone he could seize physically point of. The death sentence that the King awarded summarily was carried out forthwith by any means convenient at that time.
FIRST EMPEROR ONWARDS
Qin Shih Huang Di, the first Emperor of China was as fond of awarding the capital punishment to his subjects as any warlord before or kings of the Warring States were. The judicial system of modern China, the People’s Republic of China in the matter of award of Death Sentence is no different from what it was in the pre-recorded history period. It is ingrained in the Chinese blood that a criminal found guilty of a heinous crime or High Treason must pay for it with his life. The Islamic concept of the Blood Money is just not there, not even among the Muslims of China. The criminal Law is applied to one and all irrespective of the religion one follows FAITH is indeed a matter of personal conviction and the law of the land is never affected by personal faith.
The Chinese Kings could not have built the Great Wall if they were not strict bordering harshness in dealing with their own people. The State and the government are as strict in ensuring obedience of government orders as they were in the ancient period. The welfare of the people is subservient to the expediency of the State in the modern period or the kingdom of the ancient period.
In the soft states the dictum “eye for an eye and tooth for a tooth” is not observed and they say that observance of this dictum would make most of the citizens bind in one eye and toothless too. In India that is Bharat even a condemned terrorist sentenced to death by the Supreme Court is not hanged till death for ulterior motives. The Congress party led government mistakenly believes that hanging to death a terrorist sentenced to death by the Supreme Court of India would mean losing Muslim votes. The enlightened men and women of the Muslim community feel that this logic brands them as traitors and they protest. China has no such religion based road blocks. It augurs well for that State.
Executions in China are going on unabated. The Chinese leaders who govern that big country with the world’s largest population are of the opinion that unless the Law, including provision of the capital punishment, is enforced strictly, the nation might disintegrate. They are not prepared to accept dismemberment of their country,come what may.
CAPITAL PUNISHMENT TODAY
Amnesty International has been keeping track of award of death sentence and ultimate executions in China. They found to their horror that in the year 2009therewere more executions in China than in the rest of the world combined. Even the Internal Security Minister found guilty of defrauding the government and making a large amount of money stashed in own account in a foreign bank, was sentenced to death. However, in view of his past record of good public service, the sentence of death has been kept under suspension.
The Railway Minister was found guilty of dereliction of duty as a number of train collisions had taken pace and valuable lives were lost. The Minister had also accepted a large amount of money as bribe from some foreign firms for awarding them contracts. However, he was just relieved of his post as a Minister and sidelined. No death sentence was awarded. People want to know WHY was the guity minister not given a death sentence? No authentic reply is forthcoming.
The Uighur Muslims of Xinjiang province have been sentenced to death for rioting and casing death or grievous injury to the Han Chinese settled there. In the year 2010 there were four executions of this nature. In earlier years too Uighur Muslims were sentenced to death and executed Although some foreign observers take it as an act of ethnic discrimination but they need to look into the cases deeper. The Uighur Muslims have a separatist tendency and are influenced by the Pan-Islamic movement. Some of them were trained in Pakistan and had an inclination to violently disturb peace in the province. The government of China had lodged a protest with the government of Pakistan and the latter had promised.
There are numerous examples of the officials of the Chinese Communist Party being found guilty of high level corruption to the tune of millions of dollars and they were sentenced to death and executed. Among them were Mayors of big cities like Shanghai. Some officials made millions of dollars while supervising construction work of the Olympic Games stadia and infra structure. They too were sentenced to death and executed.
One notable exception to the general rule of bringing the corrupt to book and even executing them is that of HU Junior, a son of China’s President Hu Jintao. He had bribed some officials in the African countries while bagging contracts of major building activities. The judicial authorities of those countries had punished their own citizens and sent an official complaint to Beijing to deal with HU Jr as per law. The case, however, has never seen the face of a presiding judge so far. It is gathering dust in the corridors of power. Gathering straws in the air, critics say that it was a fit case for award of death sentence and execution. Nothing of that sort happened. After all, a son of President of China is above law.
An independent legal observer may wish to give credit to the legal reforms introduced in China recently. One of the reforms that has become law now says that the evidence obtained by the police or any other investigating agency through TORTURE will not be admissible in a court of law. Of course, the onus to prove an act of torture will lie on the person who alleges that he or she was tortured.
One more reform that is urgently required is expeditious disposal of legal cases, especially criminal cases. The civil cases may take time but criminal cases where the accused is in jail and not on bail, must be disposed off as early as possible by the trial court. In case an accused is awarded the sentence of Death, an appeal is bound to be preferred by the accused. Unless the accused is a terrorist, a rapist or a rapist cum killer, he may be granted bail during pendency of the appeal. Indeed crux of the matter is expeditious final disposal of the criminal case even by the highest court of appeal. Thus the courts of law in China empowered to award a sentence of Death will shake off the age-old charge that Justice Delayed is Justice Denied.
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Global joy on Siberian Court dismissing plea to ban Bhagwad Gita - Civil Law Articles - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers

Global joy on Siberian Court dismissing plea to ban Bhagwad Gita - Civil Law Articles - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers

SHRADDHANAND SANYASI ATTAINED MARTYRDOM 85 YEARS AGO

AUM
SHRADDHANAND SANYASI MARTYRDOM 85 YEARS AGO
By Brigadier Chitranjan Sawant,VSM

Swami Shraddhanand was at the pinnacle of achievements in the realm of spiritualism, social service, Vedic education, national cohesion, Shuddhi or homecoming of Aryas( Hindus) who had been forcibly converted to Islam and above things mundane the Unity of people of India to attain Swaraj or political independence from the British paramount power when like a Kshatriya he attained martyrdom. His mission of carrying the wisdom of Vedas far and wide did not remain unfulfilled. His disciples in large numbers who graduated from Gurukul Kangri, Haridwar did shine like bright stars in the firmament of Hindi journalism, research in the Vedic studies and above all in keeping the flag of OM flying.
GURUKUL KANGRI
The singular achievement of Swami Shraddhanand that attracted attention of saints and statesmen, educationists and scientists alike is the Gurukul Kangri, Haridwar. The august institution took off as an experiment in imparting education in Vedic studies and sciences in Hindi medium in rented rooms at Gujaranwala town in the Punjab, now in the alien land of Pakistan, in the year 1900. Lala Munshiram, as Swami Shraddhanand was known then, had his heart and soul in a Gurukul located in sylvan surroundings away from the hum and drum of urban society. His dream came true when Munshi Aman Singh donated his entire Kangri village on the banks of the Ganga river plus a lot of agricultural land to sustain the Gurukul. The new institution moved from Gujaranwala to Haridwar lock, stock and barrel. The new experiment began here and achieved a roaring success.
The Gurukul became the flag ship of Shraddhanand’s fleet. Its name and fame spread far and wide. Came Governor of the then United Provinces of Agra and Oudh, preceded by Collector and Commissioner to see for themselves what the giant-like man with a cool head and fearless mien was up to. Reports of sleuths had indicated that revolutionary activities against the Raj were afoot. Sir Ramsay Mcdonald, leader of Opposition in the House of Commons and later the Prime Minister of the United Kingdom, came calling. They were all so impressed that they wished more experiments of this nature were undertaken to counter the adverse effect of Macaulay’s Minute.
Mr Ramsay Mcdonald saw in Munshi Ram Ji an image of Christ or St Peter who had a motivational hold on the new generation of Brahmcharis and the Acharyas of yester years too. When the White Hall of London was so favourably disposed towards the Gurukul, the Viceroy’s Hose in New Delhi just towed the line.
Notwithstanding the teething troubles, Mushi Ram, the Acharya had a deep sense of satisfaction when the first batch of Brahmcharis, including his two sons- Harish Chandra and Indra, graduated. In his Dikshant or the convocation address the Acharya drew their attention to the dream of Swami Dayanand Saraswati in rejuvenation the Aryavart through the youth well versed in the Vedas. The Acharya exhorted the fresh graduates to carry on the mission of Dayanand and stick to the Ten Principles of the Arya SamaJ.
The Gurukul has been carrying on from generation to generation and has crossed the Century mark. The well wishers of the Gurukul and votaries of the Arya Samaj have appreciated the progress with a deep sense of achievement.
A CRUSADER FOR SWARAJ
Swami Shraddhanand was a crusader for Swaraj through and through. It was rather reluctantly that he joined a political party, the Indian National Congress, because he thought that it might interfere in his Spiritual and Educational experiments for the greater good of the greater number. And yet he was in the forefront leading a crowd of protesters in Delhi against the British government’s high handedness. When an armed detachment of Manipuri soldiers under the British officers’command wanted to disperse the freedom fighters by using force of bayonets, it was our Shraddhanand Sanyasi in his ochre robes who stepped forward undaunted by bayonets and bullets, bared his chest and asked the soldiers to fire at him first before opening fire on the protesters. Wisdom dawned on the British officers and they ordered soldiers to unfix bayonets and fall back. A possibility of an ugly situation was averted. The protesting masses comprising Hindus and Muslims applauded the Arya Sanyasi.
On 4th April 1919 a large crowd of Muslims assembled in the Jama Masjid, Delhi to mourn the dead freedom fighters in police firing elsewhere in Delhi The prominent leaders came to Swami Shraddhanand to invite him to address the mourners in the mosque. The Arya Sanyasi began his address with a Ved mantra and concluded with AUM SHANTIH SHANTIH. The congregation responded with AMEEN.
THE SHUDDHI MOVEMENT
Long ago under the oppressive rule of Sultans and the Mughals like Aurangzeb, Many thousand Malkana Rajputs had been forcibly converted to Islam. Now, influenced by the Vedic preachings of Swami Shraddhanand the Muslim Malkana Rajputs voluntarily wished to return home to the Vedic Dharm. The Arya Sanyasi agreed. Maharana of Mewar also encouraged the home coming and agreed to share puffs at the Hookah with the returnees Pundit Madan Mohan Malviya aso gave an active encouragement. Thousands of Muslim Malkana Rajputs were reconverted to the Vedic Dharm and warmly welcomed by all present. It is said that Gandhi Ji was among the few prominent Hindu politicians who demurred. He did not matter to the movement of Shuddhi.
One Asghari Begum of Karachi along with her children came to Delhi on her own and requested Swami Ji to reconvert her to the Vedic Dharm. The Swami, undaunted by a hostie Musim crowd of goons did convert Asghari Begum and named her Shanti Devi. Court cases were filed by wily politicians and Muslim riff-raffs but they all had to bite the dust. Reconversion to the Vedic fold stood confirmed. The Muslim population sought to seek revenge and assassinate the valiant Arya Sanyasi.
THE MATYRDOM OF SHRADDHANAND
On 23rd December 1926 Swami Shraddhanand came from an election tour and was laid up with high fever due to pneumonia. His secretary and sewak were with him at the Naya Bazar, now Shraddhanand Bazar, residence. A bigot with a sinister intention came over and wished to be converted from Islam to the Vedic Dharm. He was refused permission by the Secretary to meet Swami Ji as the latter was unwell. When Swami ji heard that he wished to forsake Islam and be ordained as a Vedic Dharmi, Swami Ji told his secretary to let him come in. After a few minutes chat, the new comer asked for a glass of water. As the Secretary went out of the room to arrange for water, the new comer whipped out a revolver and fired two shots at Swami Shraddhanand at point blank range and the great Arya Sanyasi succumbed to shots. The secretary returned running and the assassin fired a third shot that hit the secretary but he grabbed the killer and held on to him until the police arrived. That killer was brought to trial, found guilty and hanged by the neck till death.
Swami Shraddhanand ived as a Karmayogi and died doing his karma. The entire nationwas shocked. Lakhs of men and women turned out to attend the funeral and had a mixed feeing of grief and anger.
Swami Shraddhanand is no more with us but his mission of education through Gurukulas and the Shuddhi are going on unchecked. Swami Ji’s disciples and disciples’ disciples on whose shoulders mantle of Vedic responsibility fell are at it doing the job with dignity.
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HOW INDIAN IS OUR CONSTITUTION

AUM
INDIANNESS OF CONSTITUTION OF INDIA
By Chitranjan Sawant

The Constitution of India was framed by the Constituent Assembly that was absolutely Indian. An overwhelming majority of members of the body that enacted the most important document for governance of Bharat and observe Rule of Law comprised freedom fighters who had given their best to making India free. Their credentials were above reproach. Our Founding Fathers of the Constitution enjoyed the love, respect and admiration of people of India. People loved the members of the Constituent Assembly and got love in return in abundance.

FEATURES OF INDIANNESS

Language, culture, dress, education, Sanskars and above all the Mindset go to make the Indianness or otherwise of our Constitution. The vast majority of constitution makers came from villages of India. They were soaked in the soil, water and air of India. Regretfully they were not allowed to have their say in matters constitutional.

Leaders like Jawaharlal Nehru, Sardar Patel, Dr Rajendra Prasad, Dr Bhimrao Ambedkar and many legal luminaries of the Aiyar and Iyengar Tambram intellectual clans dominated the proceedings of the Constituent Assembly from A to Z. The semi-literate Ram and Ghanshyam, who were in an overwhelming majority in the Assembly, followed no English, what to say of legal lingua franca in a foreign tongue. Their presence in the Hall was the only contribution that they could make. Thus the Constitution of India in its final shape did not have an imprint of the People of India, the rural India, the India of the Vedic culture or the Ganga-Jamuni composite culture, notwithstanding the fact that it was enacted, adopted by the People of India and promulgated by the People of India just two months after enactment and signing by one and all concerned with it.

The Constitution was a finished product in a book form on 26 November 1949. It was adopted on 26 January 1950 and then the same day the Republic of India came into being.

One regrets to note that despite all factors being favourable to India and Indians, the Constitution of India lacked an Indian soul that was needed to make it effective at the ground roots level.

The Constitution of India failed the litmus test of being Indian in character. It was everything but a document for the People, by the People and of the People of India that is Bharat. What a pity that the members of that august body, the Constituent Assembly failed to give just one Indian name to the motherland. It is called India that is Bharat in our Constitution and other legal documents.

The founding fathers of the Constitution of India were in favour of adopting just one national anthem – vande mataram. What a shame the present national anthem jana gana mana came from behind riding the shoulders of Jawaharlal Nehru and usurped the throne. The whole country regrets that dacoity till this day. Nehru did so just to please a section of the Muslim minority, ignoring the numerically superior Hindus of Bharat, jettisoning VANDE MATARAM and superimposing a Tagore written song that the vast majority of Indian believes was written as an eulogy for King George V when he visited the British India in 1911. We have to live with that disgrace forever, thanks to Nehru’s monumental folly.
Dr Rajendra Prasad, President of the Constituent Assembly and a down to earth scholar and legal luminary sensed the mood of the House and the Indian Nation and said that Vande Mataram will be the National Song of India and shall have the same stats as the trumped up national anthem. That solemn promise remained on paper only and the inspiring anthem of the struggle for independence days gradually faded into oblivion.

As a commentator on Akashvani and Doordarshan on the Independence Day ceremony at the Red Fort and the Republic Day Parade on the Raj path, I miss the good old VANDE MATARAM that I had sung along with other students on many a march against the British imperialism on road to freedom. Freedom came sans the song of freedom. A shame for those who appease the anti-national elements just to retain political power in their hands. Who cares for the country? Who cares for the people?

FEATRES OF OUR CONSTITUTION

The Constitution of India is a written document and is relied solely on its text by the judiciary. Althoughthe Hindi text is the authentic text of the Constitution of India, it is the English text that rules the roost and is relied upon by many a legal battle fought in courts of law. Unlike the British constitution which is by and large convention and tradition based and is in a written form to a minor degree only, the Indian constitution gives a little leeway to judicial interpretation where written word is clear in its intent. Indeed the Supreme Court and the High Court have the constitutional mandate for a Judicial Review and their interpretation is not only the Last Word in the matter but also lays down law of the land.
The Judiciary ensures that the country is governed by the provisions of law and that the Rule of Law is respected and obeyed always. The Indian jurisprudence, that relies on the Anglo-Saxon and Roman jurisprudence, lays down:
HOWEVER HIGH YOU MAY EVER BE,
THE LAW IS ABOVE YOU.
The Fundamental Rights and the Directive Principles are a part of the Constitution of India. It has 395 Articles and Nine Schedules. With the result, the Indian Constitution is a bulky book, difficult to carry and harder to understand in letter and spirit. It falls on the strong shoulders of the Indian Judiciary to interpret the Constitution of India for the benefit of the People of India.
The Artices, Schedues, Clauses and Sub-clauses are so complicated that even judicial brains are perplexed and confused many a time, what to say of Sepoy Bhup Singh of the Indian Army who rarely knocks at the door of a Temple of Justice, even if he is wronged and feels aggrieved. It is well nigh impossible for a common man to get Justice since it is so expensive that he cannot afford it in this ife.
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CORRUPTION INCHINA

AUM
CHINESE COMMUNIST PARTY HUNTS CORRUPT CADRES
By Brigadier(Retd) Chitranjan Sawant,VSM
Power corrupts and absolute power corrupts absolutely It was true in the past, it is true in the present and it will be true in the future too. One needs no Yudhishthir in the Dronacharya’s Gurukul to memorise and practise this emphasis on the Truth. The sociologists and political science scholars know it but fee helpless in eradicating corruption from the powerful ruling party and the govt run by the party. In China the problem assumes a larger than life image because there is no opposition party to point out cases of corruption. The constitution of the People’s Republic of China lays down that there will be just one political party in the country and it is the Chinese Communist Party.
SELF POLICING SELF CLEANSING
The Chinese Communist Party has an overwhelmingly large membership and its cadres assume power and are backed by the State. It is, therefore, necessary for the party hierarchy to ensure Equality before Law and Integrity from the top echelon to the grass roots. Since an average villager, a farmer or an artisan comes in contact with the Communist officials running the show at the village or district level, it is important that they be given clean and impartial administration. If an official or a cadre member seems to be getting rich overnight, he or she has to be probed and action taken as per law.
Hu Jintao is the President and Head of State of China. Besides that and what is more important is his position as the General Secretary of the Central Committee of the Chinese Communist Party. He said at the 90th founding day of the Chinese Communist Party that the Party will intensify its efforts to combat corruption which is crucial in gaining popular support for the party and ensuring its very survival. “If not effectively curbed, corruption will cost the Party the trust and support of the people” Hu Jintao added.
It is a good idea to share the experiences of the party officials chosen to check corruption at the village level. The discipline watchdogs of the CPC are hated and feared by the corrupt officials. The discipline watchdogs are a driving force in ridding the party of graft, official abuse and corruption of sorts. Tian Zhirong is one of the crusaders against corruption. He took his work seriously and achieved good results. He earned a promotion to the post of party chief of Fengzhuang town in Shaanxi province. He records that when he visited places affected by corruption and recorded evidence impartially, some unsocial elements threw stones into his room to frighten him. The goons of the corrupt used to browbeat his wife when she was alone cooking in the kitchen. At times she urged him not torub the corrupt powerful and remain out of harm’s way but he went ahead and discharged his duties without fear or favour.
His salary is Renminbi 3,000 per month. Once while investigating a case of corruption, the affected official quietly slipped 2,000 Yuan into his room. A lot of money indeed. Tian Zhirong deposited the amount in public accounts and gave his findings unaffected by the attempted bribery.
Tian observed that the biggest challenge for a discipline supervisor is Conquering Himself.
Pooling together experiences of discipline watchdogs one finds that the corrupt officials entertain the high visiting officials in every possible way. Wine and dinner plus looking after the creature comforts of the visiting dignitary has now become a tradition that needs tobe erased from the book of hospitality. The honest Inspecting Teams prefer to dine in the community kitchen where alcohol is prohibited. They just spend 20 yuans on a meal and save the public money. The conduct of this nature inspires confidence among the complainant and he expects justice to be done and the corrupt punished.
When and where the discipline supervisors how zero tolerance for corrupt practices the image of the communist party improves One, however, wonders what the ratio of the Honest discipline Watchdogs to the Dishonest ones is. The only way to find out the rea state of affairs is to see if the common man is happy or unhappy. A pertinent observation of honest watchdogs is: As long as influential officials are overwhelmed by Lust and animal passions, corruption will not only exist but flourish. The aim of watchdogs is to minimise cases of corruption as far as possible. They realise that complete eradication may not be feasible under the present circumstances.
ENLIGHTENING STATISTICS
In the year 2010 China investigated 2723 corrupt officials at or above county level that is equivalent to a district in the Indian context. 188 were of the Prefecture level and six at the ministerial level. It is heartening to note that in July this year two deputy mayors of Hangzhou and Suzhou were executed for corruption, read bribery. Xu Maiyong accepted a bribe of 145 million Yuan and also embezzled public money for promoting self interests.
Liu Zhijun, the Minister for Railways was removed from his high post in February this year as he was implicated in corruption and “severe violation” of discipline.
Generally speaking such statistics were not released by China before but they are doing so now to prove to the common man in China that both the Party and the government are serious on curbing corruption and that no one , howsoever high he or she may be, would be spared. Indeed it is a matter of credibility of the Communist Party of China and the leadership is committed to providing a corruption free administration to the citizens of the Middle Kingdom that China was known as in times gone by.
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