Dear Colleagues,

=--..__..-=-._.
!=--..__..-=-._;
!=- -..(*..-=_;
!=--..__..-=-._;
!
i
i
Let's Take Decision
To Value Our Nation
Won't Forget Those Sacrifices,
Who Gave Us Freedom
Now Its Our Turn
To Have A Reformation.

HaPpY 63rd InDePeNdEnCe DaY tO aLl (:

Lets Celebrate Dis Day. D Day Dat Gave Us D Freedom Of Thought, Action,
Faith n Speech



Regards,



AGARWAL & Co.

Solicitors & Advocates

Trademark, Patent & Copyright Attorneys

94, Ajanta Apartment,

36, I.P. Extension,

New Delhi – 110092 (INDIA)

+91-11-22732540

+91-98101 76867

www.agarwalandco.com <http://www.agarwalandco.com/>

contact@... <mailto:contact@...>





[Non-text portions of this message have been removed]

Reproduction of Article from taxindiaonline.com by eminent IDT legal luminary V
Lakshmikumaran, Managing Partner, Lakshmikumaran & Sridharan, Advocates :
ย 
PROFESSIONAL services provided by Engineers, Chartered Accountants, Cost
Accountants, Company Secretaries, Architects, Management Consultants, etc. have
been subjected to service tax for more than a decade. The services provided by
lawyers and doctors, for some reason, were kept out of the service tax net till
now. Interestingly, the previous Finance Minister, who himself is a lawyer by
profession, tried to justify his decision not to tax legal practitioners by
stating that there is a popular belief that lawyers render no service.
Even though legal advisory services, especially in tax and corporate laws,
provided by Chartered Accountants and other professionals are liable to service
tax, consultancy services provided by lawyers remain un-taxed. This created an
anomaly between similar services provided by different classes of professionals.
This disparity has been sought to be addressed to some extent in the present
Budget.
The first signs of levying service tax on legal services were seen in the year
2006 when the Empowered Committee of State Finance Ministers proposed to
transfer 124 services to the States for being taxed by the States. This list of
124 services included 67 services, which were at that point of time being taxed
by the Central Government. The remaining services were new services like legal
services, education, healthcare services, etc. Thus, the indications were that
legal services would be given to the States for taxation.
The issue of taxability of legal services also came up when โ€˜business support
servicesโ€™ were introduced from May, 2006. Apparently, the all encompassing
definition of โ€˜business support serviceโ€™ created a doubt in the minds of
many law firms as to whether their advisory services to corporate clients would
get taxed under this entry. This provoked the Service Tax Commissionerate, Delhi
to clarify in 2007 that legal services were still not leviable to service tax.
Finally, after fifteen long years of the service tax regime, the Government has
proposed to levy service tax on legal consultancy services. Significantly, the
proposed tax is on legal consultancy/ advisory services rendered by any company
or firm or AOP/ BOI to any business entity. In other words, all lawyers and
other consultants practicing as individuals will not be liable to service tax.
Similarly, legal consultancy services provided to clients who are individuals
will also not attract service tax, even if such services are provided by a law
firm or company. Thus, a number of individual legal practitioners will continue
to be out of service tax unlike other professionals (like CAs, Engineers,
Architects, Management Consultants, etc.), who are liable to tax even if
practicing as individuals.
The scope of legal services sought to be covered is โ€˜advice, consultancy or
assistance in any branch of lawโ€™. Specifically, any service by way of
appearance before any court, tribunal or authority has been excluded from the
coverage. Even in case of CA/ CWA/ CS, exemptions have been granted to
representations made before statutory authorities. However, what remains to be
seen is whether the following services provided by legal practitioners will also
get covered under the net:


Drafting of submissions, appeals, petitions, etc. for filing before authorities


Briefing of Senior Counsels


Drafting and filing of applications before any statutory authority

Further, in case of CA/ CWA/ CS, currently the services rendered by the
practicing members of respective professional bodies in India are only covered..
Similar services rendered by foreign professionals outside India are not liable
to service tax in India. On the other hand, it is not clear whether service tax
will become applicable on legal services rendered by overseas law firms/
companies outside India to clients located in India. Similarly, taxability of
services provided by law firms/ companies in India to clients located abroad
needs to be addressed.
The above issues may get answered based on the proposed categorization of legal
consultancy services in the Export and Import of Services provisions. Till such
time, the legal fraternity and the business would keep their fingers crossed.

Kind regards,

Miss Rebecca Andrews


       Yahoo! recommends that you upgrade to the new and safer Internet Explorer
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[Non-text portions of this message have been removed]

Supreme Court today has declined to grant stay on Delhi High Court orders on
service tax on renting of immovable property, but has admitted the petition.

Kind regards,

Miss Rebecca Andrews


       Explore and discover exciting holidays and getaways with Yahoo! India
Travel http://in.travel.yahoo.com/

[Non-text portions of this message have been removed]

I would be happy to file cases under RTI against such agencies of the government
that are in the mode of closing their eyes to the changed environment which
calls for making suitable adjustments in the mind set to share information and
be more transparent. Their attitude is like the pigeon who closes his eyes in
the face of advancing cat.
ย 
By being defiant and uncompromising, ICAI or for that matter any other agency
has only one way to go forward : LOSE FACE. They will successively lose battles
that will chip their moral authority bit by bit.
ย 
It would be fun to see the giants trying unsuccessfully to defend their turf
against this onslaught. All scheming and politicking behind close doors for
endless hours will be brought to naught by CIC, the High Courts or the Supreme
Court.
ย 
Let their be a proposal that if they continuously lose appeals, the amount spent
from ICAI funds, such as fat legal fees to lawyers, who are happy to take cases
of swindlers or scamsters, be recovered from the individuals concerned who are
misusing their official position.
ย 
Because that is not discharge of their bonafide official duties. They are here
for the welfare of the common members and not to shield the unequal privileges
of a the BIG FISH, least of all the scounderals, the black-sheepย in the
organisation who have been hauled up for misconduct.
ย 
Are the Courts not regularly publishing such judgments which have to go into
public domain for transparency so that others draw exemplary lessons from the
punishment meted out to those who bring a bad name to their community ?
ย 
The other day we read the CVC / CBI bulletin that informed us about officers of
CBEC / CBDT against whom penalties were recommended.
ย 
If the mother body, i.e. Central Govt. is opening out to the general public, why
should the bodies under the State, maintain dark rooms fto protect theย sin and
sinner ?
ย 
There is only one reason, and we all know that.
ย 
They want to zealously protect their privileged position of handing out rewards
and punishment, so that all show them absolute deference and be in fear of them.
Wag their tails in their presence. The message that it would pay to lick their
boots, to curry favour is the wrong notion. Show sensitivity, be with us or get
consigned to the trashbin.
ย 
I am not a CA or a CA student. Some may object to my interfering in their
personal matters, but I would do the same if it was Bar Council.
ย 
Let us show these exalted statues that if they are not sensitive to the feelings
of the common members, then the members will do the same what the birds do on
their heads.
ย 
Kind regards,

Miss Rebecca Andrews

--- On Fri, 15/5/09, Ramachandran Mahadevan <ramachandran.mahadevan@...>
wrote:


From: Ramachandran Mahadevan <ramachandran.mahadevan@...>
Subject: Re: {amresh's-CA's} Use of RTI against ICAI
To: ICAI_CIRC_MEERUT_CA@yahoogroups.com
Date: Friday, 15 May, 2009, 9:26 AM


Dear Shri Amresh Vashisht,

Thanks for the past reply of ICAI.

In 2009 I feel ICAI should change its stand towards giving information
to members,

We are not here to fight out cases in courts of law.

General information regarding disciplinary cases to members is the
need of the hour.

Try again and again and we will succeed with changes happening.

With Best Wishes


Ramachandran M

On Fri, May 15, 2009 at 5:38 PM, CA Amresh Vashisht-Moderator
<amresh_vashisht@...> wrote:
>
>
> Dear Anuj,
>
> I donโ€™t feel you can get the information of Disciplinary Cases through RTI.
> Once i have raised many questions and specifically called for information
> against one of a member who got punished by the ICAI. The same is mention in
> Point No. 4 5 below. This is the reply from the Institute though there are
> cases settled against the Institute by the Central Information commission..
> For awareness of the members, find herewith reply of ICAI CIC judgement
> against ICAI. In my case i have appealed to first appellate at ICAI and the
> same have also been turned down by the Appellate authority. I didnโ€™t move to
> CIC for that. As per Institute the information about the discipline action
> relates to third party so can not be given without express consent. The
> latest case of showing answer sheet to students in which ICAI have already
> the case against CIC in High Court, I think ICAI shall move the Supreme
> Court against that. Though the strictures passed by the Hon. High Court have
> advised the ICAI to act as model for others being premier institution. .
>
> The latest case of showing answer sheet to students in which ICAI have
> alredy the case against CIC in High Court, I think ICAI shall mve the
> Supreme Coust against that. Though the strictures passed by the Hon. High
> Court have advised the ICAI to act as model for others being premier
> institution.
>
> This is the reply under RTI by the institute way back in 2008.Just go
> through it.
>
>
>
>
> The Institute of Chartered Accountants of India
>
> [Set up by an Act of Parliament]
>
> ICAI Bhawan, P.B. No.7100, Indraprastha Marg, New Delhi โ€“ 110 002..
>
> Phone: 39893989, 30110405 Telefax: 011-30110588
> Email: seshadri@...
>
>
>
> By SPEED POST
>
> No.ICAI:RTIA:CPIO: 172:07
> ย ย ย ย ย ย ย ย 18th January, 2008
>
>
>
> CA. Amresh Vashisht
>
> 115, Chapper Street
>
> Near St. John School
>
> Meerut Cannt โ€“ 250 001
>
>
>
> Dear Sir,
>
> Sub:-ย ย ย  Application under the Right to Information Act, 2005.
>
>
>
> ย ย ย ย ย ย ย ย ย ย ย  This has reference to your application dated nil
received on
> 19.12.2007 seeking certain information under the Right to Information Act,
> 2005.
>
>
>
> Though the information sought by you on certain points are more in the
> nature of query thanย  of material in substance and as such do not fall under
> the term โ€œinformationโ€ as defined in Section 2(f) of the Right to
> Information Act, 2005, we provide the following, in seriatim:-
>
>
>
> Sl. No.
>
> Information sought by the Applicant
>
> Information supplied
>
> 1.
>
> What are regulations applicable to the branches of the regional council?
> Are regulations as applicable to regional council applicable to branches
> also.ย  If separate regulations for conduct of Branches are there, kindly
> provide a copy to that effect.
>
> In terms of Regulation 159 (3) a Branch of the Regional Council is required
> to function subject to the control, supervision and direction of the council
> through the Regional Council concerned.ย  The branch shall carry out such
> directions as may be issued by the council from time to time.ย  Revised
> Directions Of The Central Council regarding functions of the Branch of the
> Regional Council have been issued on 03th September, 2004.ย  A copy of the
> same is enclosed at Annexure โ€œ1โ€.ย  The Regulations applicable to Regional
> Councils are not ipso facto applicable to Branches of Regional Councils.
>
> 2.
>
> What are the regulations applicable to the appointment of Ex-Officio to
> branches of the regional council?ย  When THE CHARTERED ACCOUNTANTS
> REGULATIONS, 1988, (Updated As on 01.08.2002) of the Institute of Chartered
> Accountants of India, New Delhi do not prescribe any such appointment, why
> such appointment are being made?
>
>
>
> Direction 1(ii) of the Revised Directions referred to above.
>
> 3.
>
> Who have appointed the ex-officio of the Branches of the Central India
> Regional Council in the month of March-April 2007.ย  What was the basis of
> nomination of Ex-officio to branches?ย  What are the regulations applicable
> to the conduct, powers of the ex-officio of the Branches?
>
> Direction 1(ii) of the revised directions referred to at Sr. No. 1 empowers
> the Regional Council concerned to nominate ex-officio member on the Managing
> Committee of the concerned Branch.ย  The basic condition for being a
> nominated member in the instant matter is membership of the Institute and
> being borne on the register of the Branch.ย  The powers and rights of elected
> Members on the Managing Committee of a Branch are ipso facto applicable to
> nominated Member(s) as well.
>
> 4.
>
> Can a person who was reprimand by the council for his professional
> misconduct is appointed as ex-officio of the branches?ย  If he canโ€™t Why Mr.
> H.......... M...... was nominated to the Executive of the Meerut branch
> though he was having a punishment from the council on account of
> professional misconduct?
>
> Already provided at Sr. No. 3.
>
> 5.
>
> Copy of the council order reprinted Mr. H.......... M and copy of the
> recommendation of the Disciplinary committee as placed before the Council in
> the case of Harish Mrig, FCA, Meerut.
>
> The information sought pertains to the third party and as such it would not
> be possible to provide the same without the express consent of the
> party(ies) concerned.
>
> 6.
>
> Who was appointed Chairman, Secretary, treasurer of the central India
> regional council in September, 2007 meeting?ย  Kindly provide Copy of agenda
> of September AGM meeting & copy of Minutes of the September, 2007 meeting..
> This is in view of Regulation 137 Office-bearers and committees, 1 (i) A
> Regional Council shall hold its meetings as far as may be, in the latter
> half of the month of September every year, and elect out of its members a
> Chairman, a Vice-Chairman, a Secretary and a Treasurer thereof.
>
> The Chairman, Secretary and Treasurer of the Central India Regional Council
> were elected by CIRC in February, 2007.ย  Copy of Agenda and Minutes of the
> AGM of CIRC held in August, 2007 and not in September, 2007 are provided at
> Annexure โ€˜2โ€™.
>
> 7.
>
> Details of the funds applied either directly or indirectly for payment to
> the Chairman Mr. Sehlot and Secretary Mr. Kushwah from the date of being
> elected to till date?
>
> The reimbursement expenses made to and funds utilised for meeting expenses
> for CA. Rajesh Kumar Selot, Chairman, CIRC and CA. Mukesh Singh Kushwah,
> Secretary CIRC from 24.02.2007 to 19.12.2007 are provided at Annexure โ€˜3โ€™.
> Details of reimbursement of expenses, if any, made by the Branches to the
> Chairman and Secretary of CIRC are not readily available.
>
> 8.
>
> Details of the reimbursements by CIRC or its branches to the Chairman Mr.
> Sehlot and Secretary Mr. Kushwah for any expenses incurred by them in
> connection with the business of the Regional Council from the date of being
> elected to till date along with copy of bills submitted.
>
> 9.
>
> How the accounts of Meerut branch have been incorporated with the regional
> council for the ending March, 2006 when the Branch have paid back the
> donations received by them in the last 4 years respective members?
>
> The Accounts of Meerut Branch for the period ended March 2006 were
> incorporated in the Accounts of Head Office on the basis of audited accounts
> submitted by the Branch and the report of Auditors thereon.
>
>
>
> 10.
>
> Does the members of the Branch are competent to pass a resolution to pay
> back the money from the building fund collected by the branch in the last
> four years?ย  Who monitors the working of the Branch?ย  Name of the
> responsible person who looked after the accounts reconciliation between
> Meerut Branch & CIRC for the year ended 31st March, 2006.
>
> The refund of money from earmarked fund was made during 2006-07 on the basis
> of the resolution passed in Annual General Meeting held on 23.11.2006. The
> resolution ย passed in AGM has been reproduced in the auditors report which
> is as under :-
>
>
>
> โ€œRESOLVED that the amount outstanding in Building Fund account towards
> donation received from members of the Branch for erecting Building of Meerut
> Branch may kindly be refunded with a letter of thanks to the respective
> members since the Meerut Branch is not in position to locate suitable
> Land/Building with an intimation to the Institute of Chartered Accountants
> of India.โ€
>
>
>
> The aforesaid background / reason for refund is self-explanatory.
>
>
>
> The Branch is managed by the Managing Committee of the Branch which is
> required to function subject to the control, supervision and direction of
> the Council through the Regional Council concerned and to carry out such
> directions as are from time to time issued by the Council.
>
> The Accounts of the Branch are required to be maintained by the Managing
> Committee of the Branch..
>
> 11.
>
> Whats the legality of the decisions taken by the Chairman for and on behalf
> of regional council from March, 2007 in view of regulation 145 i.e Decisions
> by majority:
>
> (1)ย  All the question before a Regional Council shall be decided by a
> majority of votes & in view of regulation 143. Quorum
>
> No business shall be transacted at any meeting of the Regional Council
> unless there is a quorum of three members.
>
>
>
> Does all the decisions made by the Chairman are not void in view of
> Regulation 145 & 143?
>
> Decisions are taken by Chairman who is also the Chief Executive Authority of
> the Regional Council ย for and on behalf of the Regional Council for those
> purposes for which he is authorized by the Regional Council by following the
> applicable provision of the Regulations.
>
> 12.
>
> Copy of Directions received by the Council from the central Government u/s
> 30 C of the Chartered Accountant Act so far.
>
> Nil
>
> 13.
>
> When the branches shall function subject to the control, supervision and
> direction of the Council through the Regional Council and shall carry out
> such directions as may from time to time be issued by the Council.ย  The
> issues like appointment of Ex-Officio and Appointments of Auditors by the
> Chairman of CIRC under its so called purgative powers is not unnecessary
> interference with the above subject?
>
> No comments could be offered as no information is sought other than a query
> seeking opinion.
>
> 14
>
> Do the members of regional council have Protection of action taken in good
> faith u/s 30D of the Chartered Accountant Act?ย  Copy of any suit, Copy of W.
> L., rejoinder against any member Central India Regional Council and its
> judgments at any time in the past?
>
> No suit, prosecution or other legal proceeding shall lie against the Central
> Government or the Council or the Authority or the Disciplinary Committee or
> the Tribunal or the Board or the Board of Discipline or the Disciplinary
> Directorate or any Officer of that Government, Council, Authority,
> Disciplinary Committee, Tribunal, Board, Board of Discipline or the
> Disciplinary Directorate, for anything which is in good faith done or
> intended to be done under this Act or any rule, regulation, notification,
> direction or order made thereunder.
>
>
>
> As regards copy of any suit, copy of W.L., rejoinder and filled against any
> Central India Regional Council and its judgements at any time in the past is
> concerned, no specific information has been sought in the application.
>
> 15
>
> Do the chairman of the regional council is deemed public servant with in the
> meaning of Section 21 of the Indian Penal Code?ย  Copy of any FIR action
> initiated against any central India Regional Council Chairman in the past?
>
> The Chairman of the Regional Council is not a deemed public servant within
> the meaning of Section 21 of the Indian Penal Code, 1860. As regards copy of
> any FIR action initiated any Central India Regional Council Chairman in the
> past, no specific information has been sought hence request cannot be
> acceded to.
>
>
>
> 16
>
> What the customs and precedents available to branch in case of appointment
> of auditors of the branch?ย  What was the general procedure so far followed
> for Appointment of the Branch Auditors before March, 2007.
>
> The appointment of a Statutory Auditor of a branch is done by the concerned
> Regional Council.ย  This is as per the revised direction No. 47 issued by the
> Central Council regarding functions of the branches of the Regional Council
> as on 3rd September, 2004 which is reproduced as under:
>
>
>
> โ€œThe annual accounts of the Branch shall be subject to audit by a Chartered
> Accountant in practice or by a firm of such Chartered Accountants appointed
> in this behalf by the Regional Council concernedโ€.
>
>
>
> It is apparent from the above direction that Regional Council/CIRC is having
> the inherent power vested by the Council to appoint the Statutory Auditor..
>
>
>
> 17
>
> What the are guidelines of the audit committee of the institute of chartered
> accountants of India relating to the appointment of auditors of the
> Branches?
>
> The appointment of Statutory Auditors of the Branch is done by the
> respective Regional Council. The criteria/guidelines for appointment of
> Auditors asย  recommended by the Audit Committee and approved by the
> Executive Committee is as under:
>
>
>
> S. No.
>
> Categories
>
> Basis
>
> 1
>
> Branches
>
>
>
> ยท
>
> With 1000 & more than 1000 members.
>
> ยทย ย ย ย  Firmโ€™s with a minimum of 3 partners of which atleast 1 partner
would
> be FCA.
>
> ยทย ย ย ย  Firmโ€™s standing should be of atleast 5 years.
>
> ยท
>
> 500 โ€“ 1000 Members
>
> ยทย ย ย ย  Firmโ€™s with a minimum of 2 partners of which atleast 1 partner
would
> be FCA.
>
> ยทย ย ย ย  Firmโ€™s standing should be of atleast 3 years.
>
> ยท
>
> Less than 500 Members.
>
> ยทย ย ย ย  Either proprietorship or partnership.ย  No restriction on number of
> partners.ย  Firms standing should be of atleast 2 years.
>
>
>
>
>
> However, no Internal and Statutory Auditor of a Branch or Regional council
> shall hold office as auditor for a period of more than 03 years.
>
>
>
> 18
>
> What the reasons recorded by the Chairman of the Central India Regional
> Council in rejecting the names of three Chartered Accountant firms for not
> appointing them as auditors of the Meerut Branch?
>
> Chairman is authorised to appoint the Auditors of the Branches of the CIRC.
>
>
>
> 19
>
> What the reasons recorded by the Chairman of the Central India Regional
> Council in appointing a firm Amit Jain & Co. as auditor of the Meerut
> Branch?
>
> No such information is available.
>
>
>
> 20
>
> Copy of the minutes of the Central India Regional Council meeting held after
> February 2007.
>
> It is an internal document and is meant for circulation amongst members of
> the CIRC only.
>
> 21
>
> Copy of any legal opinion taken by the regional council relating to giving
> authorization to the Chairman acting for and on behalf of the Regional
> Council in reference to the resolution passed in the March, 2007 meeting of
> the Regional Council?
>
> No such information is available.
>
> 22
>
> Copy of letter / notice for special meeting signed by the five members of
> Regional Council Denouncing passing of any such resolution authorizing
> Chairman of the Regional Council to act on their behalf?
>
> We have no information of the letter referred to.
>
> 23
>
> Copies of the letters, mails from the President, ICAI to the office of
> Chairman, 19th Central India Regional Council since its formation to till
> date.
>
> The information sought pertains to the third party and as such it would not
> be possible to provide the same without the express consent of the
> party(ies) concerned.
>
> 24
>
> Copies of mails, letters from the 20th council members from Central India
> region to the President ICAI and the Chairman CIRC since its formation to
> till date
>
> 25
>
> What is the status of the notice of five members of regional council related
> to their request to call a meeting of Central India Regional Council vide
> letter dated 26.03.2007 on the emergent matters arises due to violation of
> Regulation 141 and 142 and circulation of fraudulent minutes of and
> misrepresentation the facts to banks, publication of wrong informationโ€™s in
> CIRC Journal, appointment of CIRC auditor and auditors of branches and
> unauthorized issuance of letter to branches, ex officioโ€™s and unauthorized
> formation of committee?
>
> The matter stands resolved.
>
>
>
> In case you are aggrieved by this decision, you may file an appeal in terms
> of Section 19(1) of the Right to Information Act, 2005 to the Appellate
> Authority at the above address within 30 days from the date of receipt of
> this communication.
>
>
>
> ย ย ย ย ย ย ย ย ย ย ย  You are requested to send a draft of Rs. 28/- drawn in
favour of
> The Institute of Chartered Accountants of India payable at New Delhi towards
> the cost of material provided to you.
>
>
>
>
>
> Yours faithfully,
>
>
>
>
>
>
>
> (H. K. Jain)
>
>
ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย \
ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย  ย ย ย  Assistant
> Public Information Officer
>
>
>
> Judgement against the ICAI.
>
>
> Central Information Commission
>
>
>
> Block No.IV (5th Floor), Old JNU Campus,
>
> New Delhi โ€“ 110 067
>
>
>
>
>
> Decision No.497/IC(A)/2007
>
>
>
> F. No.CIC/MA/A/2006/00466
>
> Dated, the 31st January, 2007
>
>
>
> Name of the Appellant : Shri Y.N. Thakkar, 133/134, Chandramani,
>
> 701/702, 7th Floor, Telang X Road No.3,
>
> Matunga, Mumbai โ€“ 400 019.
>
>
>
> Name of the Public Authority: The Institute of Chartered Accountants of
> India,
>
> Post Box No.7100, Indraprastha Marg, New
>
> Delhi โ€“ 110 002.
>
>
>
> DECISION
>
>
>
> Facts:
>
>
>
> 1. The appeal was heard on 18th and 29th January, 2007 in absence of the
>
> appellant.
>
> 2. The CPIO mentioned that the appellant had sought certain information
>
> relating to the disposal of complaints made by the appellant u/s 21 of the
>
> Chartered Accountants Act. The information sought has been duly furnished to
>
> the appellant, who is however not satisfied with the responses given by the
>
> CPIO.
>
> 3. In his appeal the appellant has insisted that he should be provided a
> copy
>
> of the reasons recorded by the Council for forming the opinion on the
> complaints
>
> filed by him. Commissionโ€™s Decision:
>
>
>
> 4. The CPIO has already furnished partial information. He has, however,
>
> withheld the deliberations of the Council on the ground that the opinion
>
> expressed by the Council members are confidential. In the spirit of RTI Act,
>
> which aim at creating conditions for taking informed decisions, the views
>
> expressed by the public servants should be put in public domain to prompt to
>
> transparency in the decision making process. The CPIO is therefore directed
> to
>
> disclose the information sought, after due application of Section 10(1) of
> the Act,
>
> 1within 15 working days from the date of issue of this decision. The
> identity of an
>
> individual member, who may have expressed his opinion of any issue of
>
> complaint should, however, be withheld lest the disclosure of identity
> should
>
> endanger his life and liberty.
>
>
>
> 5. The appeal is accordingly disposed of.
>
> Sd/
>
>
>
>
>
> (Prof. M.M. Ansari)
>
> Information Commissioner
>
>
>
> Authenticated true copy:
>
>
>
> (L.C. Singhi)
>
> Additional Registrar
>
> Cc:
>
>
>
> 1. Shri Y.N. Thakkar, 133/134, Chandramani, 701/702, 7th Floor, Telang X
>
> Road No.3, Matunga, Mumbai โ€“ 400 019.
>
> 2. Dr. V. Seshadri, CPIO, The Institute of Chartered Accountants of India,
>
> Post Box No.7100, Indraprastha Marg, New Delhi โ€“ 110 002.
>
>
>
>
> CA VASHISHT AMRESH, FCA, Moderator
> icai_circ_meerut_caย  - The largest CAย  Members GROUP inย the WORLD - More
> Than 25000 members!!
> Also the First and Only CA Group to crossย Five Croreย Messages in a Month! An
> accomplishment that certainly requires the daily dedication and
> collaboration of the entire Group.You can avail Prof. Opp. updates through
> SMS.Send your mobile no. to 9219553600
> 1 1 5, Chappel Street, Meerut Cantt, UP, INDIA.
> ย Phone: 0 1 2 1-2 6 6 1 9 4 6. Cell: 9 8 3 7 5 1 5 4 3 2.
>
> --- On Fri, 5/15/09, CA. Anuj Gupta <arsa.cas@...> wrote:
>
> From: CA. Anuj Gupta <arsa.cas@...>
> Subject: RE: {amresh's-CA's} DISCIPLINARY CASE-CouncilICAI VS R.C.JAIN-High
> Court Mumbai-Jan 2009
> To: ICAI_CIRC_MEERUT_CA@yahoogroups.com
> Date: Friday, May 15, 2009, 1:21 AM
>
> Sir I think we need to file RTI for that.
>
> Thanks & Regards
>
> CA Anuj Gupta
>
> -----Original Message-----
> From: ICAI_CIRC_MEERUT_ CA@yahoogroups. com
> [mailto:ICAI_CIRC_MEERUT_ CA@yahoogroups. com] On Behalf Of Ramachandran
> Mahadevan
> Sent: Friday, May 15, 2009 12:21 PM
> To: ICAI_CIRC_MEERUT_ CA@yahoogroups. com
> Subject: Re: {amresh's-CA' s} DISCIPLINARY CASE-CouncilICAI VS R.C.JAIN-High
> Court Mumbai-Jan 2009
>
> Dear Shri Amresh Vashisht and Members of the group,
>
> Many thanks for 2004 decided case in High Court being communicated
> after five years.
>
> Can we have some idea regarding cases decided but not communicated to
> members by ICAI
> through official journal?
>
> Number of Cases pending at various stages with disciplinary committee
> at the end of each month
> or last year end for which annual report of ICAI will be released very soon.
>
> Also Total number of cases decided from ICAI inception- can we have the
> number??
>
> Thanks
>
> Ramachandran M
> Bangalore
>
> On Thu, May 14, 2009 at 7:38 PM, CA Amresh Vashisht-Moderator
> <amresh_vashisht@ yahoo.com> wrote:
>>
>>
>>
>>
>> Summary of a disciplinary case - Council of the Institute of Chartered
>>
>> Accountants of India Vs. Shri R.C.Jain
>>
>> 1 (Chartered Accountant Reference CaseNo. 1 of 2003) decided on 18.10.2004
>> by the Bombay High Court under Section21(6) of the Chartered Accountants
>> Act, 1949.
>>
>> Facts of the case:
>>
>> The Institute of Chartered Accountants of India (hereinafter referred to
> as
>>
>> the .Institute.) received the .information. against Shri R.C.Jain
>> (hearinafter
>>
>> called the .Respondent. ). Asst. Commissioner of Income Tax, Mumbai
>> informedvide letter dated 24
>>
>> th January 1997 that a firm, M/s. M.K. Enterprises, Mumbaifiled its audit
>> report in Form No.3CB for Assessment Year 1995-96 as requiredunder Section
>> 44AB of the Income-tax Act, 1961 on 31st October, 1995, but noProfit &
> Loss
>> Account or Balance-sheet was attached with the said Report.Accordingly,
>> action under Section 133A(1) of the Income-tax Act was taken on13th
>> November, 1995 by the Income-tax Department and during the course
> ofsurvey,
>> statement of Shri Paresh Panday, brother of the assessee, Shri M.K.Panday,
>> was recorded wherein it was revealed that although many ledger accounts
> were
>> not closed and adjusted, yet he reports in Form Nos. 3CB &3CD were filed
> to
>> avoid the penalty proceedings under Section 271B.
>>
>> Subsequently on 14th November, 1995, Shri Pankaj Panday, another brother
>> ofthe assessee admitted in his statement under Section 131 of the Income
>> TaxAct, 1961 that the accounts were not totalled and tallied and therefore
>> theBalance-sheet and Profit & Loss Account were not prepared and that the
>> taxaudit reports in Form Nos. 3CB and 3CD were filed before preparation of
>> thefinal accounts to avoid penalty under Section 271B.The facts as stated
>> abovewere confirmed by Shri Mukesh Panday, Proprietor of M/s M.K.
>> Enterprises atthe time of his personal appearance. The Respondent in his
>> statement dated23rd November, 1995 under Section 131 of the Income-tax
> Act,
>> 1961
>>
>> inter alia,
>>
>> admitted that tax audit reports in Forms Nos. 3CB and 3CD were signed
>>
>> without signing the Balance-sheet and Profit and Loss account. The above
>>
>> 1
>>
>> For full text of the Judgment please see Institute.s publication viz.
>> Disciplinary Case Vol.VIII,
>>
>> Part I, p. 893
>>
>> matter was treated as .information. against the Respondent under Section
> 21
>> ofthe Chartered Accountants Act, 1949 (hereinafter refereed to as the
>> .Act.).
>>
>> The Council of the Institute prima facie opined that the Respondent was
>>
>> guilty of professional and/or other misconduct and referred the case to
> the
>>
>> Disciplinary Committee for enquiry. The Respondent accepted the charges
>>
>> against him and pleaded guilty under Regulation 15(2) of the Chartered
>>
>> Accountants Regulations, 1988 before the Disciplinary Committee. He also
>>
>> requested to the Disciplinary Committee to take a lenient view and that he
>> bepardoned. The Disciplinary Committee on perusal of the documents on
>> recordand after hearing the submissions made by the Respondent on his
>> pleadingguilty, came to the conclusion that the Respondent was not guilty
> of
>>
>> professional misconduct falling within the meaning of Clauses (8) and (9)
> of
>>
>> Part-I of the Second Schedule to the Chartered Accountants Act, 1949.
>>
>> However, he was guilty of professional misconduct falling within the
> meaning
>> ofClause (7) of Part-I of the Second Schedule to the Chartered Accountants
>> Act,1949 read with Sections 21 and 22 of the said Act.
>>
>> The Council on consideration of the report of the Disciplinary Committee
>>
>> alongwith the written representation made by the Respondent accepted the
>>
>> Report of Disciplinary Committee and found that the Respondent was: (a)
>> Notguilty of professional misconduct falling within the meaning of Clauses
>> (8) and(9) of Part I of the Second Schedule to the Chartered Accountants
>> Act, 1949 and(b) guilty of professional misconduct falling within the
>> meaning of Clause (7) ofPart I of the Second Schedule to the Chartered
>> Accountants Act,1949 read withSections 21 and 22 of the said Act. The
>> Council recommended to the HighCourt that the Respondent be reprimanded.
> As
>> required under Section 21(5) ofthe Act, the matter was forwarded to the
>> Bombay High Court with therecommendations of the Council.
>>
>> The Judgement of the Division Bench of the Bombay High Court
>>
>> comprising of Hon.ble Mr. Justice R.M. Lodha and Hon.ble Mr. Justice J.P..
>>
>> Devadhar is summarized below.
>>
>> Decision of the Hon.ble Court:
>>
>> The Hon.ble Court observed that the delinquent was charged with the
>>
>> following misconduct:-
>>
>> .The tax audit report dated 28th October, 1995 issued by the
>>
>> Respondent in Form 3CB in respect of the assessee, M/s M.K.
>>
>> Enterprises, Bombay contains the following declaration given by the
>>
>> Respondent:-
>>
>> .I/We have examined the balance-sheet of M/s M.K. Enterprises, 94,
>>
>> Sheriff Devji Street, Bombay-400003 [Permanent Account No. 625-
>>
>> M/Ward 14(9)] as at 31st March, 1995 and the Profit & Loss account for
>>
>> the year ended on that date which are in agreement with the books of
>>
>> account maintained at the head office as above and the branches at__.
>>
>> I/We have obtained all the information and explanations which to the
>>
>> best of my/our knowledge and belief were necessary for the purposes of
>>
>> the audit. In my/our opinion, proper books of account have been kept by
>>
>> the head office and the branches of the assessee so far as appears from
>>
>> my/our examination of books, subject to the comments given below:-
>>
>> Refer Notes to Accounts.
>>
>> In my/our opinion and to the best of my/our information and according
>>
>> to explanations given to me/us, the said accounts give a true and fair
>>
>> view -
>>
>> (i) in the case of the Balance Sheet, of the state of the above named
>>
>> assesseeโ€™s affairs as at 31st March, 1995 and (ii) in the case of the
> Profit
>>
>> & Loss Account, of the profit or loss of the above named assessee for the
>>
>> accounting year ending on 31st March, 1995.
>>
>> The prescribed particulars are furnished in Form No. 3CD annexed
>>
>> hereto. In my/our opinion and to the best of my/our information and
>>
>> according to explanations as given to me/us, these are true and correct."
>>
>> The Court further observed that the above-mentioned certificate was
>>
>> issued by the Respondent without obtaining relevant information and proper
>>
>> examination/ verification of Balance-sheet and Profit & Loss Account. The
>>
>> Hon.ble Court also observed that the Respondent had admitted in his
>> statementdated 23rd November, 1995 under Section 131 of the Income-tax
> Act,
>> 1961 thathe had signed the said tax audit report without signing the
>> Balance-sheet andProfit & Loss account.On overall consideration of the
>> entire material, the Hon.ble Court foundthat the respondent was candid and
>> admitted his guilt before the DisciplinaryCommitt ee and the Council took
>> these aspects into consideration and hasrecommended that the respondent be
>> reprimanded. Accordingly, the Hon.bleCourt accepted the recommendation of
>> the Council and ordered that the Respondent be reprimanded.
>>
>> JUDGEMENT OF THE HIGH COURT
>>
>> IN THE HIGH COURT OF JUDICATURE AT BOMBAY
>>
>> O.O.C.J.
>>
>> CHARTERED ACCOUNTANT REFERENCE CASE NO. 1 of 2003
>>
>> Council of the Institute of Chartered
>>
>> Accountants of India ...Petitioner
>>
>> V/s.
>>
>> Shri R.C. Jain, F.C.A.,
>>
>> Chartered Accountant,
>>
>> B-23, 2nd Floor,
>>
>> Raj Industrial Complex,
>>
>> Military Road, Marol,
>>
>> Andheri East,
>>
>> Mumbai-400 059. ...Respondent
>>
>> Ms. S. Srikrishna i/by M/s Kanga & Co. for the petitioner.
>>
>> CORAM : R.M. LODHA AND
>>
>> J.P. DEVADHAR, JJ.
>>
>> DATED : 18th October, 2004.
>>
>> ORAL JUDGEMENT (Per R.M. LODHA, J.)
>>
>> This reference under Section 21(5) of the Chartered Accountants Act, 1949
>> (for
>>
>> short .Act of 1949.) is in respect of R.C. Jain, FCA.
>>
>> 2. On the basis of the information received against R.C. Jain, the fellow
>> member
>>
>> of the Institute of Chartered Accountants of India, the explanation was
>> sought
>>
>> for from him. He sent the written statement and upon consideration
> thereof,
>> theCouncil of the Institute of Chartered Accountants of India (the
> Council)
>> formedthe opinion that the said member was guilty of professional and/or
>> othermisconduct and decided to cause an enquiry to be made in the matter
> by
>> theDisciplinary Committee.
>>
>> 3. The Disciplinary Committee, accordingly, held the enquiry wherein the
>>
>> delinquent admitted the guilt. The delinquent submitted to the
> Disciplinary
>>
>> Committee to take lenient view and prayed that he may be pardoned. The
>>
>> Disciplinary Committee on conclusion of the enquiry held that the
> delinquent
>>
>> was guilty of professional misconduct within the meaning of Clause (7) of
>> Part Iof Second Schedule to the Act of 1949 read with Sections 21 and 22
> of
>> the saidAct. The report was forwarded by the Disciplinary Committee to the
>> Council.
>>
>> The Council considered the report and also the written submissions of the
>>
>> delinquent and recommended to this Court that respondent be reprimanded.
>>
>> This is how the reference has come before us.
>>
>> 4. The delinquent was charged with the following misconduct:-
>>
>> .The tax audit report dated 28th October, 1995 issued by the Respondent in
>>
>> Form 3CB in respect of the assessee, M/s M.K. Enterprises, Bombay
>> containsthe following declaration given by the Respondent:-
>>
>> .I/We have examined the balance-sheet of M/s M.K. Enterprises, 94, Sheriff
>>
>> Devji Street, Bombay-400003 [Permanent Account No. 625-M/Ward 14(9)] as
>> at31st March, 1995 and the Profit & Loss account for the year ended on
> that
>> datewhich are in agreement with the books of account maintained at the
> head
>> officeas above and the branches at__.
>>
>> I/We have obtained all the information and explanations which to the best
> of
>>
>> my/our knowledge and belief were necessary for the purposes of the audit..
>> Inmy/our opinion, proper books of account have been kept by the head
> office
>> andthe branches of the assessee so far as appears from my/our examination
>> ofbooks, subject to the comments given below:- Refer Notes to Accounts.
>>
>> In my/our opinion and to the best of my/our information and according to
>>
>> explanations given to me/us, the said accounts give a true and fair view -
>>
>> (i) in the case of the Balance Sheet, of the state of the above named
>>
>> assesseeโ€™s affairs as at 31st March, 1995 and
>>
>> (ii) in the case of the Profit & Loss Account, of the profit or loss of
> the
>>
>> above named assessee for the accounting year ending on 31st March, 1995.
>>
>> The prescribed particulars are furnished in Form No. 3CD annexed hereto.
>> Inmy/our opinion and to the best of my/our information and according to
>>
>> explanations as given to me/us, these are true and correct."
>>
>> The above-mentioned certificate was issued by the Respondent without
>>
>> obtaining relevant information and proper examination/ verification of
>> Balancesheetand Profit & Loss Account. As per information received, the
>> Respondenthad admitted in his statement dated 23rd November, 1995 under
>> Section 131of the Income-tax Act, 1961 that he had signed the said tax
> audit
>> reportwithout signing the Balance-sheet and Profit & Loss account..
>>
>> 5. It does appear that certificate was issued by the delinquent without
>> proper
>>
>> verification. The relevant information was also wanting. However, the
>>
>> delinquent was candid and admitted his guilt. The Council took these
>> aspectsinto consideration and has recommended that the
> delinquent-responde nt
>> bereprimanded.
>>
>> 6. We accept the recommendation of the Council and reprimand the
>> respondentfor the misconduct proved against him. No costs.
>>
>> Sd/-
>>
>> (R.M. LODHA, J.)
>>
>> Sd/-
>>
>> (J.P. DEVADHAR, J.)
>>
>> CA VASHISHT AMRESH, FCA, Moderator
>> icai_circ_meerut_ caย  - The largest CAย  Members GROUP inย the WORLD - More
>> Than 25000 members!!
>> Also the First and Only CA Group to crossย Five Croreย Messages in a Month!
> An
>> accomplishment that certainly requires the daily dedication and
>> collaboration of the entire Group.You can avail Prof. Opp. updates through
>> SMS.Send your mobile no. to 9219553600
>> 1 1 5, Chappel Street, Meerut Cantt, UP, INDIA.
>> ย Phone: 0 1 2 1-2 6 6 1 9 4 6. Cell: 9 8 3 7 5 1 5 4 3 2.
>>
>>
>
> ------------ --------- --------- ------
>
> CHARTERED ACCOUNTANT INDIA AMRESH VASHISHT, DISCLAIMER
> "The answer(s)/advice( s) on this Group web-site are the personal opinions
> of the members who sent those messages. They may/or may not be based on
> research(s)/ opinion(s) on the fact(s) provided to the Group in the said
> query, and any advice tendered here is subject to the accuracy of the
> description of facts, proposed transactions, and their purpose and
> whether they constitute a complete and accurate disclosure of all
> relevant fact(s), and provided the proposed transaction( s) is completed
> in the stated manner. The Group Owner/Moderator and/or the group
> member(s) do not even imply the accuracy or value of any advice
> submitted by its member(s) and are not liable for any damages or costs,
> if any, suffered through the acceptance or putting into operation either
> the whole or part of any advice so tendered on the group-site. If you
> have any question(s), please do not hesitate to seek clarification( s)
> Here"CA Amresh vashisht,amresh_vashisht@ yahoo.com
> Yahoo! Groups Links
>
>
>


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

CHARTERED ACCOUNTANT INDIA AMRESH VASHISHT, DISCLAIMER
"The answer(s)/advice(s) on this Group web-site are the personal opinions of the
members who sent those messages. They may/or may not be based onย 
research(s)/opinion(s) on the fact(s) provided to the Group in the saidย  query,
and any advice tendered here is subject to the accuracy of theย  description of
facts, proposed transactions, and their purpose and
whether they constitute a complete and accurate disclosure of all
relevant fact(s), and provided the proposed transaction(s) is completed
in the stated manner. The Group Owner/Moderator and/or the group
member(s) do not even imply the accuracy or value of any advice
submitted by its member(s) and are not liable for any damages or costs,
if any, suffered through the acceptance or putting into operation either
the whole or part of any advice so tendered on the group-site. If you
have any question(s), please do not hesitate to seek clarification(s)
Here"CA Amresh vashisht,amresh_vashisht@...
Yahoo! Groups Links






       Explore and discover exciting holidays and getaways with Yahoo! India
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[Non-text portions of this message have been removed]

Please read the query of Mr. Pravin Saraswat below where his client neither
registered on time ( on 9 lakhs)  nor paid service tax (after 10 lakhs) and
whether he should wait for payment of tax till after registration no. (STC No.)
is allotted, and whether the maximum penalty of Rs.5000/- is mandatory, which
also should be deposited before or after the SCN, if discretionary ?

My view is that Registration is a procedural requirement whereas payment of tax,
being a matter of your civil duties and liabilities, is a substantive provision.

There is no reason why you should delay your civil liability on account of
registration and allotment of STC no.Infact, to prove your bonafide, send a
single covering letter enclosing therewith ST-1 and a cheque drawn in favour of
Accounts Officer or the Commissioner of Service Tax while giving your reasons,
in brief. Ensure that funds covering the cheque remain untouched in the Bank A/c
till encashment.

At the most, the department will return you the cheque directing you to deposit
under proper challan after giving you STC No.

You would have then established your point that you did not wait to discharge
your liability on account of delay by the department in issuing you the
registration no.

Please take your call after considering the pros and cons.

Now the confusion:-

Section 77(1)(a) does talk of penalty but that makes a puzzling reading :


77.
Penalty for contravention of rules and provisions of Act for which no penalty is
specified elsewhere.  โ€”
(1) Any
person,โ€”

(a) who is liable to pay service tax, or required to take registration, fails to
take registration in accordance with the provisions of section 69 or rules made
under this Chapter shall be liable to pay a penalty which may extend to five
thousand rupees or two hundred rupees for every day during which such failure
continues, whichever is higher, starting with the first day after the due date,
till the date of actual compliance;
On the one hand it states that starting with zero it may extend to Rs.5000/-
(means less than 5000 can be imposed) but on the other hand states that Rs.200/-
for every day till compliance, WHICHEVER IS HIGHER !

Meaning thereby that the moment assessee crossed 9 lacs, he was to take
registration, and for every day of failure till application, it shall be @
Rs.200/- per day or Rs.5000/- whichever is higher.

Or there is a discretion to levy penalty which may EXTEND upto Rs.5000/- and may
even begin lower  with Re.1 ?

Of course, Section 77 (2) also states :

(2) Any person, who contravenes any of the provisions of
this Chapter or any rules made thereunder for which no penalty is separately
provided in this Chapter, shall be liable to a penalty which may extend to five
thousand rupees.โ€;

But failure to take registration is specifically covered under 77(1)(a) and
therefore is not covered under 77(2) limiting it to maximum Rs.5000/-

I am confused or are the lawmakers confused ? Either one deserves to be failed
in the exams. Obviously, not the CBEC officials, it will have to be me from my
college. Perhaps, I should leave study of law and open a Bhelpuri  Corner
outside Supreme Court.

Will the seniors please help in interpretation of this statute ?

With kind regards,


Rebecca Andrews




________________________________
From: pravin saraswat <indu123@...>
To: icai_circ_meerut_ca@yahoogroups.com
Sent: Wednesday, 6 May, 2009 2:32:51 PM
Subject: {amresh's-CA's} SERVICE TAX:  PENALTY FOR LATE REGISTRATION






Dear Sir,

Client provided taxabler services worth Rs. 73 Lacs in FY 2008-2009
and did not pay tax. Now he wants to seek registration and
pay the tax.  The maximum penalty of late registration would
be Rs.. 5000/-.  Please guide for :

a)  Whether this penalty is mandatory in nature ?
b)  As no number is available before registration, should it
      be deposited after registration  or on the receipt of
      the SCN  from the department ?

Regards


PRAVIN SARASWAT
9829063908





________________________________
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[Non-text portions of this message have been removed]

Dear Colleagues,

Our client wants to purchase a non-functioning company in Uttaranchal. If there
is any company incorporated in Uttaranchal prior to 2003, and wants to dispose
off, kindly let us know the status and your client's requirement, so that we may
proceed with the necessary formalities for purchasing the same.
Please ensure that our requirement is very urgent. So, kindly gather the
necessary information and then inform us.


Regards

Saket Agarwal
0-9810176867
For, Agarwal & Co.
Solicitors & Advocates
Trademark, Patent & Copyright Attorneys
Corporate Legal Consultants
New Delhi
http://www.indiamart.com/agarwalandco/
agarwalandco@...
contact@...
+91-11-22732540

Dear People.

The Division Bench of the Delhi High Court presided over by the
Hon'ble Chief Justice heard our LPA filed against stay rejection
application passed in W.P. (C) 112 of 2009 by Ld. Single Judge of
Delhi High Court for Staying the allotment of DDA flats under the DDA
Housing Scheme – 2008 to the successful allottees under SC/ST Category
of DDA flats and the outcome of that case is reported in these
newspapers today.

Times of India (TOI) The controversial flat allotment process of DDA
on Monday, drew criticism from the Delhi High Court which sought an
explanation from the housing body for allotting flats, meant for city
residents belonging to reserved category, to SC/ST applicants from
other states.

"The Supreme Court judgment says that SC/STs from one state cannot
take the benefit of reservation given by other states even in case
where person has migrated. Here the persons (who have been allotted
flats) are not even migrated from Delhi,'' a bench comprising chief
justice A P Shah and justice Sanjiv Khanna noted, directing DDA to
furnish the break-up on how many SC/ST applicants belonging to Delhi
and other states were allotted flats in the draw.

HC sought the details after it was alleged by an applicant, who could
not get flat in the recent draw, that the flat meant for the residents
belonging to reserved categories were allotted to SC/ST applicants of
other states.

"When you are offering houses for SC/STs it has to be SC/STs of this
state. If a person is not a resident of the city he cannot be
considered for the benefits of reservation,'' HC said, grilling the
DDA counsel.

Opposing DDA's plea that winners of the housing scheme be also
impleaded as a party, advocate K V Dhananjay, appearing for Prem Chand
argued that the DDA Housing Scheme 2008 was a sheer lottery. "If
agency which formulated the lottery itself fails to justify it,
participants of that lottery cannot be heard to justify or support
it,'' he contended. HC then declined this request of DDA.

The DDA's draw for allotment of 5,000 flats had run into a controversy
as a complaint was registered alleging irregularities in the draw. The
Economic Offence Wing of Delhi Police's crime branch is investigating
the matter. Seven persons, including Laxmi Narayan Meena, a former SBI
employee, have been booked by the police.
http://timesofindia.indiatimes.com/Delhi/HC_pulls_up_DDA_on_allotment/articlesho\
w/4101792.cms


INDIAN EXPRESS: The Delhi Development Authority (DDA) drew flak from
the High Court on Monday for a lottery system which pits a
slum-dweller of the Capital against affluent applicants from other
states for a flat.
"It is so unjust that a person living in a jhuggi-jhopdi, who is
virtually getting a lifetime opportunity to live in a house in Delhi,
has to compete with a person from other states having at least 10
properties," a Division Bench led by Chief Justice AP Shah said.

The court was hearing a petition filed by Prem Chand of Dilshad Garden
here, through his lawyer K V Dhananjay, against the DDA Housing Scheme
2008, which puts Scheduled Castes/Scheduled Tribes (SC/ST) applicants
from outside Delhi on par with their counterparts domiciled in the
Capital.

Over 5,000 flats were put up for allotment under the scheme, of which
17.5 per cent were earmarked for the Scheduled Castes. The court on
Monday directed the DDA to give a break-up of the number of SC/ST
allottees from within Delhi and those from outside the state.

The Bench drew the agency's attention to a Supreme Court ruling that
reserved caste certificates obtained from one state need not be
recognised in another.

"One cannot go to another state for employment and claim the benefits
of the same caste certificate. Those benefits vanish in the new
territory," the Bench observed.
The case has been posted for further hearing on February 17.

Rajeev Bansal, counsel for the DDA, attacked Chand's contention saying
the latter was an unsuccessful allottee who had initially accepted the
scheme's terms.

Chand had moved the High Court for an interim stay on the allotment of
houses under the specific reserved category for Scheduled Castes.

The petition had blamed the Government agency of surpassing its
jurisdiction by "inviting applications from Scheduled Caste applicants
outside the National Capital Territory" without a thought for similar
members of the "oppressed castes" domiciled in Delhi.
The Dilshad Garden resident, who lost out in the lottery for a flat
under the reserved category, termed the scheme as "discriminatory" and
devoid of any "a rational relation to the needs and aspirations of the
people resident or domiciled in Delhi".

"As such, the allocation of 17.5 per cent reservation ought to have
been exclusively for the benefit of `Schedule Castes' in Delhi. The
DDA ought to have expressly indicated that it does not intend to
accept applicants under the `Scheduled Castes' outside of Delhi," his
lawyer Dhananjay said.
http://www.indianexpress.com/news/dda-system-of-allotting-flats-to-sc-st-applic.\
../421345/

THE HINDU BUSINESS LINE: The DDA on Monday faced some tough questions
in the Delhi High Court which sought an explanation from it for
allotment of flats, meant for the reserved category, to SC/ST
applicants from other states.
A Bench headed by Chief Justice A P Shah directed the housing body to
clarify how SC/STs from the neighbouring states were allotted flats by
it in a draw held in December last year. The Court asked the Counsel
appearing for DDA to give the break-up on how many SC/ST applicants
belonging to Delhi and other states was allotted flats in the draw.
The Bench passed the order on a petition filed by Prem Chand alleging
that the housing body had illegally allowed applicants under the
Scheduled Tribe (ST) category from other states to participate in the
draw.
Chand, who failed to get a flat in the draw, alleged that under the
DDA Act the housing body is not entitled to accept applications from
residents of states other than Delhi. The DDA's draw for allotment of
5,000 flats had run into a controversy as a c omplaint was registered
alleging irregularities in the draw.
The Economic Offence Wing of Delhi Police's Crime Branch is
investigating the matter. Seven persons, including Laxmi Narayan
Meena, a former SBI employee, have been booked by the police
http://www.thehindubusinessline.com/blnus/28091620.htm

THE INDIAN: The Delhi Development Authority (DDA) Monday faced some
tough questions in the Delhi High Court when asked to explain how
flats meant for the reserved category were allotted to applicants from
other states.
THE INDIAN: A bench headed by Chief Justice Ajit Prakash Shah and
Justice Sanjeev Khanna directed the housing authority to clarify how
Scheduled Castes or Scheduled Tribes applicants from neighbouring
states were allotted flats in a draw held in December last year.
The court asked DDA to give in a week's time the break up on how many
SC/ST applicants belonging to Delhi and other states were allotted
flats in the draw and also how many applied for the same.
"It's very unjust on people of Delhi who live in slums and are not
given the opportunity to buy a home for themselves as compared to
people belonging to the reserved category from different states who
own many properties here," the court said.
Rajeev Bansal, appearing for the housing body, said: "We have been
allotting the flats to reserved category people from different states
for the past many years. Nobody had objected for so many years then
why is there a sudden demand for staying the allocation process."
The bench was hearing a petition filed by Prem Chand, who failed to
get a flat in the draw, alleging that the housing body had illegally
allowed applicants under the Scheduled Tribes (ST) category from other
states to participate in the draw.
Chand alleged that under the DDA Act the housing body is not entitled
to accept applications from residents of states other than Delhi.
In a petition, he said the government agency had surpassed its
jurisdiction by inviting applications from Scheduled Castes members
outside the National Capital Territory, without a thought for members
of the community living in Delhi.
Under the DDA housing scheme of 2008, a total of 5,238 flats were
allotted to applicants chosen from among more than 500,000. The draw
of lots was held Dec 16, but it was alleged to be rigged.
http://www.thaindian.com/newsportal/uncategorized/explain-policy-on-reserved-cat\
egory-flats-court-asks-dda_100153072.html


SAMAY LIVE: The controversial flat allotment draw of DDA today drew
criticism from the Delhi High Court which sought an explanation from
the housing body for allotting flats, meant for city residents
belonging to reserved category, to SC/ST applicants from other states.
"The Supreme Court judgement says that SC/STs from one state cannot
take the benefit of reservation given by other states even in case
where person has migrated. Here the persons (who are alloted flats)
are not even migrated persons from Delhi," a bench comprising Chief
Justice A P Shah and Justice Sanjiv Khanna said. The Court directed
the Delhi Development Authority to give the break-up on how many SC/ST
applicants belonging to Delhi and other states were allotted flats in
the draw.  The Court passed the order after it was alleged by an
applicant, who could not get flat in the recent draw, that the flat
meant for the residents belonging to reserved categories were alloted
to SC/ST applicants of other states. "When you are offering houses for
SC/STs it has to be SC/STs of this state. If a person is not a
resident of the city he cannot be considered for the benefits of
reservation," the court said. Advocate K V Dhananjay, appearing for
the petitioner contended that people from other states particularly
Rajasthan were recently alloted flats which was illegal and it should
be cancelled. Advocate Rajiv Bansal, appearing for DDA, however,
countered his allegation saying that there are many schemes of the
authority in which domicile is not required.
Not satisfied by DDA arguments, the court asked it to file details of
the allotment done in the recent draw.
"A person may be notified as reserved category in a state but his
status vanishes when he comes out of that particular state. If a
person is coming from Rajasthan he cannot take the benefit of
reservation in Delhi," the court said. The court expressed concern
over the policy adopted by the authority in the allotment of flats and
said residents of the city are struggling hard to get a house and with
these policies they will also have to compete with people from outside.
The DDA's draw for allotment of 5,000 flats had run into a controversy
as a complaint was registered alleging irregularities in the draw.
The Economic Offence Wing of Delhi Police's Crime Branch is
investigating the matter. Seven persons, including Laxmi Narayan
Meena, a former SBI employee, have been booked by the police.
http://www.samaylive.com/news/news.ncr-hc-grills-dda-for-allotting-flats-to-scst\
s-from-other-states/602444.html

Regards

Saket Agarwal, Advocate
New Delhi
011-22732540, 43025093
Fax 011- 22721340
09810176867
contact@...
www.agarwalandco.com

Dear People.

The Division Bench of the Delhi High Court presided over by the
Hon'ble Chief Justice heard our LPA filed against stay rejection
application passed in W.P. (C) 112 of 2009 by Ld. Single Judge of
Delhi High Court for Staying the allotment of DDA flats under the DDA
Housing Scheme – 2008 to the successful allottees under SC/ST Category
of DDA flats and the outcome of that case is reported in these
newspapers today.

Times of India (TOI) The controversial flat allotment process of DDA
on Monday, drew criticism from the Delhi High Court which sought an
explanation from the housing body for allotting flats, meant for city
residents belonging to reserved category, to SC/ST applicants from
other states.

"The Supreme Court judgment says that SC/STs from one state cannot
take the benefit of reservation given by other states even in case
where person has migrated. Here the persons (who have been allotted
flats) are not even migrated from Delhi,'' a bench comprising chief
justice A P Shah and justice Sanjiv Khanna noted, directing DDA to
furnish the break-up on how many SC/ST applicants belonging to Delhi
and other states were allotted flats in the draw.

HC sought the details after it was alleged by an applicant, who could
not get flat in the recent draw, that the flat meant for the residents
belonging to reserved categories were allotted to SC/ST applicants of
other states.

"When you are offering houses for SC/STs it has to be SC/STs of this
state. If a person is not a resident of the city he cannot be
considered for the benefits of reservation,'' HC said, grilling the
DDA counsel.

Opposing DDA's plea that winners of the housing scheme be also
impleaded as a party, advocate K V Dhananjay, appearing for Prem Chand
argued that the DDA Housing Scheme 2008 was a sheer lottery. "If
agency which formulated the lottery itself fails to justify it,
participants of that lottery cannot be heard to justify or support
it,'' he contended. HC then declined this request of DDA.

The DDA's draw for allotment of 5,000 flats had run into a controversy
as a complaint was registered alleging irregularities in the draw. The
Economic Offence Wing of Delhi Police's crime branch is investigating
the matter. Seven persons, including Laxmi Narayan Meena, a former SBI
employee, have been booked by the police.
http://timesofindia.indiatimes.com/Delhi/HC_pulls_up_DDA_on_allotment/articlesho\
w/4101792.cms


INDIAN EXPRESS: The Delhi Development Authority (DDA) drew flak from
the High Court on Monday for a lottery system which pits a
slum-dweller of the Capital against affluent applicants from other
states for a flat.
"It is so unjust that a person living in a jhuggi-jhopdi, who is
virtually getting a lifetime opportunity to live in a house in Delhi,
has to compete with a person from other states having at least 10
properties," a Division Bench led by Chief Justice AP Shah said.

The court was hearing a petition filed by Prem Chand of Dilshad Garden
here, through his lawyer K V Dhananjay, against the DDA Housing Scheme
2008, which puts Scheduled Castes/Scheduled Tribes (SC/ST) applicants
from outside Delhi on par with their counterparts domiciled in the
Capital.

Over 5,000 flats were put up for allotment under the scheme, of which
17.5 per cent were earmarked for the Scheduled Castes. The court on
Monday directed the DDA to give a break-up of the number of SC/ST
allottees from within Delhi and those from outside the state.

The Bench drew the agency's attention to a Supreme Court ruling that
reserved caste certificates obtained from one state need not be
recognised in another.

"One cannot go to another state for employment and claim the benefits
of the same caste certificate. Those benefits vanish in the new
territory," the Bench observed.
The case has been posted for further hearing on February 17.

Rajeev Bansal, counsel for the DDA, attacked Chand's contention saying
the latter was an unsuccessful allottee who had initially accepted the
scheme's terms.

Chand had moved the High Court for an interim stay on the allotment of
houses under the specific reserved category for Scheduled Castes.

The petition had blamed the Government agency of surpassing its
jurisdiction by "inviting applications from Scheduled Caste applicants
outside the National Capital Territory" without a thought for similar
members of the "oppressed castes" domiciled in Delhi.
The Dilshad Garden resident, who lost out in the lottery for a flat
under the reserved category, termed the scheme as "discriminatory" and
devoid of any "a rational relation to the needs and aspirations of the
people resident or domiciled in Delhi".

"As such, the allocation of 17.5 per cent reservation ought to have
been exclusively for the benefit of `Schedule Castes' in Delhi. The
DDA ought to have expressly indicated that it does not intend to
accept applicants under the `Scheduled Castes' outside of Delhi," his
lawyer Dhananjay said.
http://www.indianexpress.com/news/dda-system-of-allotting-flats-to-sc-st-applic.\
../421345/

THE HINDU BUSINESS LINE: The DDA on Monday faced some tough questions
in the Delhi High Court which sought an explanation from it for
allotment of flats, meant for the reserved category, to SC/ST
applicants from other states.
A Bench headed by Chief Justice A P Shah directed the housing body to
clarify how SC/STs from the neighbouring states were allotted flats by
it in a draw held in December last year. The Court asked the Counsel
appearing for DDA to give the break-up on how many SC/ST applicants
belonging to Delhi and other states was allotted flats in the draw.
The Bench passed the order on a petition filed by Prem Chand alleging
that the housing body had illegally allowed applicants under the
Scheduled Tribe (ST) category from other states to participate in the
draw.
Chand, who failed to get a flat in the draw, alleged that under the
DDA Act the housing body is not entitled to accept applications from
residents of states other than Delhi. The DDA's draw for allotment of
5,000 flats had run into a controversy as a c omplaint was registered
alleging irregularities in the draw.
The Economic Offence Wing of Delhi Police's Crime Branch is
investigating the matter. Seven persons, including Laxmi Narayan
Meena, a former SBI employee, have been booked by the police
http://www.thehindubusinessline.com/blnus/28091620.htm

THE INDIAN: The Delhi Development Authority (DDA) Monday faced some
tough questions in the Delhi High Court when asked to explain how
flats meant for the reserved category were allotted to applicants from
other states.
THE INDIAN: A bench headed by Chief Justice Ajit Prakash Shah and
Justice Sanjeev Khanna directed the housing authority to clarify how
Scheduled Castes or Scheduled Tribes applicants from neighbouring
states were allotted flats in a draw held in December last year.
The court asked DDA to give in a week's time the break up on how many
SC/ST applicants belonging to Delhi and other states were allotted
flats in the draw and also how many applied for the same.
"It's very unjust on people of Delhi who live in slums and are not
given the opportunity to buy a home for themselves as compared to
people belonging to the reserved category from different states who
own many properties here," the court said.
Rajeev Bansal, appearing for the housing body, said: "We have been
allotting the flats to reserved category people from different states
for the past many years. Nobody had objected for so many years then
why is there a sudden demand for staying the allocation process."
The bench was hearing a petition filed by Prem Chand, who failed to
get a flat in the draw, alleging that the housing body had illegally
allowed applicants under the Scheduled Tribes (ST) category from other
states to participate in the draw.
Chand alleged that under the DDA Act the housing body is not entitled
to accept applications from residents of states other than Delhi.
In a petition, he said the government agency had surpassed its
jurisdiction by inviting applications from Scheduled Castes members
outside the National Capital Territory, without a thought for members
of the community living in Delhi.
Under the DDA housing scheme of 2008, a total of 5,238 flats were
allotted to applicants chosen from among more than 500,000. The draw
of lots was held Dec 16, but it was alleged to be rigged.
http://www.thaindian.com/newsportal/uncategorized/explain-policy-on-reserved-cat\
egory-flats-court-asks-dda_100153072.html


SAMAY LIVE: The controversial flat allotment draw of DDA today drew
criticism from the Delhi High Court which sought an explanation from
the housing body for allotting flats, meant for city residents
belonging to reserved category, to SC/ST applicants from other states.
"The Supreme Court judgement says that SC/STs from one state cannot
take the benefit of reservation given by other states even in case
where person has migrated. Here the persons (who are alloted flats)
are not even migrated persons from Delhi," a bench comprising Chief
Justice A P Shah and Justice Sanjiv Khanna said. The Court directed
the Delhi Development Authority to give the break-up on how many SC/ST
applicants belonging to Delhi and other states were allotted flats in
the draw.  The Court passed the order after it was alleged by an
applicant, who could not get flat in the recent draw, that the flat
meant for the residents belonging to reserved categories were alloted
to SC/ST applicants of other states. "When you are offering houses for
SC/STs it has to be SC/STs of this state. If a person is not a
resident of the city he cannot be considered for the benefits of
reservation," the court said. Advocate K V Dhananjay, appearing for
the petitioner contended that people from other states particularly
Rajasthan were recently alloted flats which was illegal and it should
be cancelled. Advocate Rajiv Bansal, appearing for DDA, however,
countered his allegation saying that there are many schemes of the
authority in which domicile is not required.
Not satisfied by DDA arguments, the court asked it to file details of
the allotment done in the recent draw.
"A person may be notified as reserved category in a state but his
status vanishes when he comes out of that particular state. If a
person is coming from Rajasthan he cannot take the benefit of
reservation in Delhi," the court said. The court expressed concern
over the policy adopted by the authority in the allotment of flats and
said residents of the city are struggling hard to get a house and with
these policies they will also have to compete with people from outside.
The DDA's draw for allotment of 5,000 flats had run into a controversy
as a complaint was registered alleging irregularities in the draw.
The Economic Offence Wing of Delhi Police's Crime Branch is
investigating the matter. Seven persons, including Laxmi Narayan
Meena, a former SBI employee, have been booked by the police.
http://www.samaylive.com/news/news.ncr-hc-grills-dda-for-allotting-flats-to-scst\
s-from-other-states/602444.html

Regards

Saket Agarwal, Advocate
New Delhi
011-22732540, 43025093
Fax 011- 22721340
09810176867
contact@...
www.agarwalandco.com

Dear Ma'am,

My name is Divya Padalia and I am an MA (H) student of Applied
Psychology. I am writing to request you to participate in research in
the form of questionnaires. My dissertation project is entitled
"Emotional Intelligence, Stress and Values in Male and Female
Lawyers".
The questionnaire should take about 15-20 minutes to complete. The
information supplied by participants will be treated as confidential.
Access to the questionnaires is restricted to my supervisor and me.
Please mail me withyour e-mail id, so that i could mail you the
questionnaires, if you are interested. It'd be a great help.

Yours sincerely,
Divya Padalia
E-mail: divya.padalia@...



[Non-text portions of this message have been removed]

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Using this online solution, students can access videos and study
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[Non-text portions of this message have been removed]

Happy Republic Day

Agarwal & Co.
Solicitors & Advocates
Trademarks, Patent & Copyright Attorneys
Corporate Legal Consultants 94, Ajanta Apartment, 36, I.P. Extn.,
New Delhi - 110 092
Tel: +91 11 22732540, Fax:- +91 11 22721340
Mobile +91 9810176867
agarwalcompany@... <mailto:agarwalcompany@...>
agarwalandco@... <mailto:agarwalandco@...>




[Non-text portions of this message have been removed]

Dear Colleagues,


Wishing you all a very happy and prosperous New Year 2009.



Regards,

Saket Agarwal, Advocate
AGARWAL & CO.
Solicitors & Advocates
Patent, Trademarks & Copyright Attorneys
94, Ajanta Apartment,
36, I.P. Extension,
New Delhi - 110 092
+91-11-22732540, +91 9810176867
agarwalandco@...

Being a student, would like to join the group but am hardly in a position to pay
for paid sites. Regards. Rebecca


       Add more friends to your messenger and enjoy! Go to
http://messenger.yahoo.com/invite/

[Non-text portions of this message have been removed]

Dear Group Members,



May the festival of light encircle your life with Joy and Happiness.
Success comes at your doorsteps. With these blessings sending my warm
wishes to you on Diwali and always.



Regards,





Saket Agarwal, Advocate

JURIST NETWORK

Trademarks & Patent Agent

Solicitors & Advocates

94, Ajanta Apartment,

36, I.P. Extension,

New Delhi – 110 092

+91 - 11- 22732540

+91 - 9810176867





[Non-text portions of this message have been removed]

President Bush Sends Greetings to Sikhs on 300th Anniversary of
Coronation of Guru Granth Sahib
*      Date Submitted: *Fri Oct 17, 2008

WASHINGTON, D.C. - President Bush has sent warm greetings to Sikhs across
America and worldwide on the 300th anniversary of the holy Sikh Scriptures,
Guru Granth Sahib as the community is gearing towards major celebration of
this event. Sikhs will be celebrating this auspicious occasion in their
respective congregations all over the world. The Sikh Council on Religion
and Education (SCORE) received this message from the White House.

  I send greetings to those celebrating the 300th anniversary of the Sikh
Scriptures, said President Bush in a message released on Oct. 13 from the
White House.

Emphasizing the noble concepts of the Sikh faith, President Bush said,
Sikhism teaches its followers to respect the equality of all people, defend
the weak, lead lives of compassion and generosity, and work hard.

By putting their beliefs and values into action, Sikhs honor God and provide
comfort to countless individuals. He added.

He praised the Sikh community by saying; I applaud the Sikh community for
their respect for human life and strong devotion to family and faith.  With
this message of compassion, humility, and love, Sikhs make the world a more
peaceful and hopeful place.

President Bush further added, Laura and I send our best wishes on this
special occasion."

Dr. Rajwant Singh, Chairman of The Sikh Council on Religion and Education,
thanked Bush for extending these greetings to the Sikh community. He said
the Sikh community is pleased with President Bush's greetings and we
appreciate this gesture by the President. Bush Administration and the White
House has always stood with Sikhs since 9/11 tragedy and its negative impact
on the community.

Mega events will take place in Nanded, in the Indian state of Maharasthra.

It was in Nanded, where the tenth and the last living Guru of the Sikhs,
Guru Gobind Singh, who in 1708, pronounced the end of the line of succession
and declared that henceforth the function of the Guru as teacher and final
authority for faith and conduct was vested in the Holy Scriptures, the Guru
Granth Sahib and in the community. Sikh Scriptures occupies the same place
in Sikh veneration that was given to the living Gurus.

SCORE has worked with the White House on number of issues related to Sikhs
and it had also organized the first ever Sikh event at the White House in
2004.

The 400th Anniversary of the insallation of Guru Granth Sahib in the Golden
Temple, Amritsar in September 1604 was solemnly celebrated in the White
House, Washington by the SCORE.


[Non-text portions of this message have been removed]

Dear All,

May Durga Maa empower you and your family with her Nine Swaroopa of
Name, Fame, Health, Wealth, Happiness, Humanity, Education, Bhakti,
Shakti.




*HAPPY NAVRATRAS*

Regards

Saket Agarwal, Advocate

Jurist Network

Solicitor & Advocates

Trademarks & Patent Attorneys

94, Ajanta Apartment

36, I.P. Extension, Patparganj

New Delhi - 110092
                  011 - 22732540, 09810176867


[Non-text portions of this message have been removed]

Dear All.
Where can I find conmplete bare Act on " Maharashtra Ownership Flats (Regulation
of the Promotion, Construction, Sale, Management and Transfer) Act, 1963
regards
Anurag Kaushik
anuragkaushikus@...
M: 09435716049



       Get an email ID as yourname@... or yourname@.... Click
here http://in.promos.yahoo.com/address

[Non-text portions of this message have been removed]

*On Record*
* Judicial activism: Why not?*
* Delimitation over, 'green judge' to work for environment*
* by Naveen S Garewal *

* *

*[image: Justice Kuldip Singh]I*T is a home-coming for Justice Kuldip Singh.
Almost literally on two counts: one he is back in Chandigarh after
completing the daunting task entrusted to the Fourth Delimitation Commission
that he chaired and two, he is now all set to live up to his reputation of a
"green judge" whose several judgments as a Supreme Court judge have done
considerable good to the environment and helped undo the imbalance in the
eco-system.

To follow his passion of improving the environment, he now proposes to set
up an NGO or collaborate with an existing one that has a focus on Punjab's
environment. He wants to spend his life to help rid its water of all
impurities, restore forestation and curb industrial and all other forms of
pollution. Excerpts from an interview:

*What does the delimitation commission do?*

Delimitation is a necessary process, as important as the elections
themselves. There can be no election without delimitation because election
that does not have true representation of the people serves no purpose for a
democracy.

Delimitation is enshrined in the Constitution to take place after every
census so that all parliamentary and state assembly constituencies are
re-drawn on the basis of population.

Since the population keeps on shifting, it is necessary to readjust the
boundaries of constituencies. Though, delimitation is supposed to take place
every 10 years, in 1976 a parliamentary amendment prohibited further
delimitation till 2001.

*Since delimitation directly affects politicians in power, don't they resist
their constituencies being altered?*

The report of the delimitation commission is final and binding. No
government can make any changes or choose to alter it. It cannot be
challenged before any court either. Therefore, politicians can only make a
legitimate request by appearing before the commission, but cannot force
their way in any manner.

*There must have been tremendous pressure on you from various quarters?*

No. There were many politicians who came and appeared before the commission,
but none dared to influence or browbeat me. Perhaps, they were aware of my
reputation and background. We did a very fair job as a result of which many
senior politicians lost their constituencies. some of these include Bolpur
(Somnath Chatterjee), Latur (Shivraj Patil), Shillong (P R Kyndiah),
Bulandshahr (Kalyan Singh), Bikaner (Dharmendra), Faridkot (Sukhbir Singh
Badal), Dasua (Sachin Pilot), Shahjahanpur (Jitin Prasada), Agra (Raj
Babbar), Tura (P A Sangma) and Gopalganj (Sadhu Yadav).

Union Minister Ram Vilas Paswan's Hajipur Lok Sabha constituency has got
"de-reserved" as is Akbarpur in Uttar Pradesh, which was earlier held by
Chief Minister Mayawati. ... .... ....
*With your delimitation commission work over, what do you intend to do now?*

I have been waiting for this time to go back to my passion for protecting
the environment (Justice Kuldip Singh was nicknamed as "green judge" due to
several pro-environment judgements as a judge of the Supreme Court. A
practising lawyer in Chandigarh, he was directly inducted into the Supreme
Court due to his legal acumen).

*What exactly do you propose to do for environment preservation?*

I am contemplating to start an NGO to work for the environment, especially
in Punjab. I am also looking at the possibility of collaborating with an
existing NGO working in this field.

Besides, I also intend to write some legal books with a special focus on the
environment. My biography too has been waiting for many years. There are
several concepts in my mind. I only need to give them a concrete shape. And,
I will do this shortly.

*Can you recollect some judgments where the judiciary helped conserve the
environment?*

Many. Starting from the Taj Mahal case, where the court forced the UP
government to ban fossil fuel and switch to gas. It saved taj Mahal. Over
300 stone-crushers were successfully thrown out of Delhi. The closure of the
hazardous industry in the national Capital, protected 40 acres of forest
land from kamal Nath, saved the Beas from changing its course case involving
tannaries in Tamil Nadu, switching to CNG for commercial vehicles in Delhi;
examples are countless.

*Being a former Supreme Court judge, what are your comments on the current
national debate on judicial activism and judicial accountability?*

The Constitution provides everything on the functioning of the judiciary.
There is no harm in creating a body to look into charges of misconduct
against judges, but this authority must primarily consist of members of the
judiciary itself.

Any attempt to bring outside influence will erode the independence of the
judiciary. A lot has been said about judicial activism, but I say that even
if activism exists, it has only done good without bringing harm to anyone.
So what's wrong with it.?

*As a parting shot, what do you have to say about judicial system?*

As far as improving the pendency of cases is concerned, there is a lot that
needs to be done. With regard to the higher judiciary in India, I would say
they are by and large very upright and judicious.

There is some problem at the lower level with regard to integrity and
competence. For this I can only say that while appointing judges, only
persons with integrity, competence and a good reputation at the bar should
be considered.

Unfortunately, some appointments made on extraneous considerations like
race, caste, connections, etc have been alleged. this, if true, must be
prevented at all costs.

http://www.tribuneindia.com/2008/20080629/edit.htm#3

*P. S. : **Sardar Justice Kuldip Singh was presented Akali Phula Singh Award
by the IHRO for rendering flawless and even handed justice in the field of
Human Rights and Environment with far-reaching effects of disciplining the
State and Individuals alike for the flagrant abuse of law in 1997. *


[Non-text portions of this message have been removed]

[-]      [-]         [-]
































































































OVERVIEW

The age of "Command and Control" has become obsolete except
perhaps, in the armed forces. In this increasingly complex and
competitive workplace, the ability to get things done without using
authority is a highly prized skill.

In this one day interaction, we will reinvent influence, in a learn by
doing , highly interactive mode and understand the principles of
influence and how to get agreement without damaging the relationships.

OBJECTIVES

At the end of the workshop, you will be able to :

     *
Understand why Persuasion works better than coercion
     *
   Learn the principles of persuasion
     *
Distinguish between Power, Politics and Influence in organizations
     *
   Separate people from the problems




Competencies emphasised in this program

     *
How to make a winning pitch to investors, bankers and VCs
     *
Elements of an Elevator Pitch
     *
Principles of Persuasion
     *
Developing Social Networks


SESSION PLAN



Time

Description



0930 - 1000

Introduction and Overview



1000 - 1115

Power, Politics and Influence in organizations

The Art of Persuasion – a presentation

Tactics of Persuasion

1. Pressure

2.Exchange

3.Rational Appeals

4.Emotional Appeals

5.Coalition



1130 - 1300

Principles of Persuasion

The Credibility Matrix

Key Steps in becoming more influential

1.Know yourself

2.Identify your target

3.Diagnose the culture

4. Decide on straegies



1345 - 1500

Case Studies and Role Plays on Persuasion scenarios using tactics learnt
in the morning



1515 - 1700

Dealing with Difficult people

Change the way you persuade – A case study



1700 - 1730

Action Plan, Review and Wrap Up





T Chendil Kumar

Professional Memberships :

   ASTD : (American Society of Training & Development.) www.astd.org
<http://www.astd.org/>



   AMA : (American Management Association) www.amanet.org
<http://www.amanet.org/>



   Toastmaster International : (www.toastmasters.org
<http://www.toastmasters.org/> )



   Bangalore Toastmasters Club

(bangaloretostmasters.org.in)


FACULTY PROFILE
A Civil Engineer by training and a trainer by choice, CK has over 18
years of experience in industrial marketing.

He honed his skills as a trainer by working with his friend and mentor,
Dr DVR Seshadri, a renowned faculty at the Indian Institute of
Management (IIM) Bangalore.

CK works extensively with Asia's largest software organization, Tata
Consultancy Services. Over the past three and half years, he has
customized programs on Leadership Communication, Assertiveness,
Persuasion and Negotiation for their managers across various geographies
and received excellent feedback.

He works with SAMSUNG, NOKIA, VOLVO, TITAN INDUSTRIES, COMPUTER SCIENCES
CORPORATION (CSC) on a regular basis.

He is a much sought after speaker and regularly speaks in various forums
on topics ranging from Humor in Communication to Becoming Emotionally
Intelligent.

He has been associated with IIM Bangalore as a Guest Faculty  since
2003. Here are some major programs

Management program for Women Entrepreneurs (MPWE) ( Since 2004)
conducted by  IIMB in association with  Oxford Brookes University.

This is a hugely successful program for women entrepreneurs in which CK
has been regularly taking sessions on "Communicating
Effectively" and the Art of making a Pitch"

AREVA MAGELLAN Leadership Program for Managers at AREVA Ltd.  Conceived
by AREVA University Paris in association with IIMB, this program seeks
to equip their global managers with leadership skills, with
interpersonal communication being a key area.

Apollo Clinic – Program for Managers and associates of Apollo
Clinics to empower them with customer interaction skills

Cognizant Technology Solutions- Program for Senior Managers on
Negotiation

SIEMENS – Program for Business Managers  - Negotiation Skills

Technology Entrepreneurship Program for CSIR ( Council for Scientific
and Industrial Research)Scientists (since 2004) An ambitious annual
program which imparts entrepreneurial skills for scientists working with
various CSIR labs.

CK also occasionally sits as an external evaluator for Group
presentations made by PGP students.

Professional Training Attended:

HARVARD LAW SCHOOL – "Teaching Negotiation in Organisations"
conducted by Prof. Lawrence Susskind and Prof Michael Wheeler of PON
(Program on Negotiation), a consortium of Harvard University,
Massachusetts Institute Of Technology and Tufts University.

IIM Bangalore : Communicating for Corporate Advantage  conducted by Dr.
DVR Seshadri and Dr. P D Jose of IIMB

   NSRCEL at IIM Bangalore:  Business Plan Workshop conducted by Dr. DVR
Seshadri of IIMB

Professional Membership:

     *
Member of ASTD (American Society for Training and Development)
www.astd.org <http://www.astd.org/>
     *
Member of AMA (American Management Association) www.amanet.org
<http://www.amanet.org/>
     *
Member of Toastmasters International (www.toastmasters.org
<http://www.toastmasters.org/> )
     *
Founder President of Smedley Speakers Society


He maintains his sanity because of his sense of humor, thanks to a
generous dose of Asterix Comics and PG Wodehouse!







REGISTRATION FORM

Venue & Dates :

5th March New Delhi Hotel Vasant Continental

   6th March Mumbai Hotel Sea Princess

   7th March Bangalore Hotel Leela Palace









PERSUADE without POWER

A One Day workshop on how to influence others without using authority or
force

NAME MR./ MRS./ DR./ :________________________________________________

DESIGNATION : ______________________________________________________

ORGANISATION : _____________________________________________________

EMAIL ID : ___________________________________________________________

   TELE : _______________________________ FAX : __________________________

   ADDRESS : __________________________________________________________





Investment :

INR 10,000 per participant
( plus service tax @ 12.36%) Last Date of registration is 25th Feb'08.

     *
Early Bird Discount 10% before 15th Feb.
     *
Group of Four 15% discount.
     *
Corporate Table for Eight or more 20% discount .



PAYMENT DETAILS :

   All the payments should be in favor of "GENESIS EVENTS INDIA"
payable at New Delhi and send it to D-31 Lower Ground Floor Klakaji New
Delhi – 110019 India. Tel : 91 11 26221828 Fax : 91 11 41629369

   Amount :__________________________  Chq /DD No : ____________________

   Dated : ___________________________  Bank Name : _____________________



Cancellation Policy : Once we received your nomination, you cannot
cancel the nomination but you can always replace the participants.



Signature : _______________________________


    Contact & Registration Details : D- 31 Lower Ground Floor Kalkaji New
Delhi - 110019 Tele : 91 11 26221828 Fax : 91 11 41629369 Email :
hrtrainings@... <mailto:hrtrainings@...>  |
hr_trainings@...
<mailto:hr_trainings@...>  Website :
www.genesiseventsindia.in <http://www.genesiseventsindia.in/>      ฉ
2008 by Genesis Events India. All Rights Reserved.  [-]      [-]


[Non-text portions of this message have been removed]

From: Amandeep Singh <amandeep1699@...>
Date: 23 Feb 2008 06:26

Gurfateh IHRO-SikhAffairs,

It is very good initiative by IHRO and I wish all the success.

Three years back Australian Sikh Association INC had recommended in
principle a sum of AUD$10,000/- as seed money if required for a Khalsa
School in Paris on behalf of Sikhs of Australia.
IHRO's initiative also features on Panthic News Page 5 of
rozanaspokesman.com
http://rozanaspokesman.com/fullpage.aspx?view=main&mview=Feb&dview=23&pview=5


Regards
Amandeep Singh

Turban Issue: IHRO sets up Panels to chart struggle

HT Correspondent
Ludhiana, February 22

THE ALL-Party Coordination Committee on Turban Issue headed by D.S. Gill
today constituted a six-member panel of experts in Sikh affairs to prepare a
plan on what stand to take on the issue at both national and international
level.

SGPC president Avtar Singh Makkar also attended the meeting. Speaking to the
media here, Gill said the panel comprised Dr Jaspal Singh, Vice-Chancellor,
Punjabi University; Sukhdev Singh Bhaur, SGPC general secretary; Harinder
Singh Khalsa
(Norway<http://epaper.hindustantimes.com/ArticleText.aspx?article=23_02_2008_002\
_014&kword=&mode=1#>);
G.S. Lamba; Prof Anurag Singh, a Sikh scholar; and M.S. Rahi, an advocate.

"The committee will work under the patronage of the Akal Takht and also in
coordination with the SGPC," Gill said.

The panel would prepare a document by March 15 on what stand should be
adopted at the national as well as international level to fight for the
right to wear a turban.

A separate All-Party Coordination Committee on Turban Issue for Europe was
also set up at the meeting. "This panel will work in Europe to build
pressure on the French government to revoke its ban on the turban in schools
there," Gill said.

The Europe committee comprised Manjit Singh Butter, Bibi Mejinder Pal Kaur,
Dr Jasdev Singh Rai, Davinderjit Singh, all from the UK, and Gurdial Singh
and Pal Singh, both from France.

Gurdial Singh was forced to withdraw his 14year-old son Jasbir Singh from
Louis Mission School in 2004.


Rgds
Amandeep Singh


[Non-text portions of this message have been removed]

International Human Rights Organisation

*Of the Indian Subcontinent*
*210, New Judicial Courts Complex, Ludhiana- 141 001*

*All party meet of political, Panthic and Human Rights groups to review the
the issue of Turban that has been banned in France schools*

LUDHIANA, February 20, 2008

International Human Rights Organisation (IHRO) has called upon a all-party
meeting of to be here on Friday, 22 February to discuss the issue of wearing
of Turban that has been banned in schools by France government in light of
the assurances given by the French President, while on an official visit to
India, to the numerous political parties, Sikh and human rights groups,
including the Prime Minister Manmohan Singh, to review the matter afresh.

The IHRO chairperson D S Gill and general secretary Mohinder Singh Grewal,
in a statement here today, said, "We have invited all Punjab political
parties- SAD (Badal), BJP, Congress, BSP, SAD Amritsar (Presidium), SAD (A),
SAD (1920), Dal Khalsa, BSP, BSP Morcha and few leftist groups for the
discussion."

The all-party meeting would be held at Shaheed Kartar Singh Sarabha Nagar,
Ludhiana.

Besides a few representatives of Sikh and Human Rights groups from abroad,
numerous Panthic groups- SGPC, DSGMC, GGSSC, Damdami Taksal, Akhand Kirtani
Jatha, Khalsa Action Committee, Sant Samaj, Institute of Sikh Studies, Sikh
Student Federation and youth wings etc and BKUs leaders would also
participate in the discussion, the IHRO advocates added.

The main focus of the discussion, said Mr Gill, would be to devise ways and
means to pressure on the French government to undo the ban on turban by
doing joint, collective efforts for lobbying in European Parliament and
other international forums.

(D S Gill) Advocate

Chairperson

99140 04092

98554 70092


[Non-text portions of this message have been removed]

[-]      [-]       [-]

A One Day workshop on how to influence others without using authority or
force

Program Brochure
<http://genesiseventsindia.in/persuade_without_power_bro.htm>
Professional Memberships of
Mr. T. Chendil Kumar    [ASTD]    [American Management Association]
   [Toastmaster International]

   In this one day interaction, we will reinvent influence, in a learn by
doing , highly interactive mode and understand the principles of
influence and how to get agreement without damaging the relationships.
OBJECTIVES
At the end of the workshop, you will be able to

     * Understand why Persuasion works better than coercion     * Learn
the principles of persuasion     * Distinguish between Power, Politics
and Influence in organizations     * Separate people from the problems

Investment :
INR 10,000 per participant
( plus service tax @ 12.36%) Last Date of registration is 25th Feb'08


     *
Early Bird Discount 10% before 15th Feb
     *
Group of Four 15% discount
     *
Corporate Table for Eight or more 20% discount










Venue & Dates




5th March New Delhi Hotel Vasant Continental

6th March Mumbai Hotel Sea Princess

7th March Bangalore Hotel Leela Palace
Contact & Registration Details : D- 31 Lower Ground Floor Kalkaji New
Delhi - 110019 Tele : 91 11 26221828 Fax : 91 11 41629369 Email :
hrtrainings@... <mailto:hrtrainings@...>  |
hr_trainings@...
<mailto:hr_trainings@...>  Website :
www.genesiseventsindia.in <http://www.genesiseventsindia.in/>    ฉ
2008 by Genesis Events India. All Rights Reserved.  [-]      [-]


[Non-text portions of this message have been removed]

*Karaโ€“ SYMBOL OF FREEDOM AND EQUALITY*

*Kara*, one of the five kakars of the Sikhs, is neither an ornament nor a
tool, but is a blessed gift from Lord, the Tenth Master Guru Gobind Singh
ji.

Alas, this great gift to the humanity has been ignored or has not been
appreciated in its true spirit.

*Kara* symoblises dignity, equality, independence and emancipation from
slavery. It can be termed with certainity, whether it is known to the world
or not that it is the prelude to the Charter of the UNO or foundation stone
of the human rights' movements in the world.

Guru Nanak Dev ji, founder of the *Khalsa Panth* was born in year 1469 in
Punjab, the land of five rivers. Coincidentally this was the year when in
the west Machevally was also born.

This was the time when the Indian society was cursed with four divisions on
the basis of birth in a particular clan. Vast majority was termed as *shudras,
*or so-called lower castes. The biggest challege of that time with the Gurus
was the blood-stained subjugation, torture, humiliation, deprivation of vast
majority of the people not on the basis of their ethicity, colour, gender,
knowledge, race or region but the birth in the house of a *shudra.*

That was the time when the alleged low castes, *shudras* were deprived from
entry or participation the temples of learning, and temples of religious
prayers. A human being deprived of these two gifts will become and behave in
a manner less than human beings. In olden times the cursed were branded or
forced to live in ghettos. Perpetuating and implementing his thoughts,
founding father of the socio-religious laws of Hindus, Manu pronounced about
the low caste *shudras *should wear the black-iron ornaments.

*Their dress (shall be) the garments of the dead, (they shall eat) their
food from broken dishes, **black iron (shall be) their ornaments,** and they
must always wander from place to place. [Manu Smriti - Chapter X, canto 52.]
*

This was not acceptable and detested to by the founder of Sikhism, Guru
Nanak Dev ji. In absolute humility and humbleness, he categorically declared
and identified himself with the lowest of the low saying,

*เจจเฉ€เจšเจพ เจ…เฉฐเจฆเจฐเจฟ เจจเฉ€เจš เจœเจพเจคเจฟ เจจเฉ€เจšเฉ€ เจนเฉ‚
เจ…เจคเจฟ เจจเฉ€เจšเฉ **เฅฅ *

*เจจเจพเจจเจ•เฉ เจคเจฟเจจ เจ•เฉˆ เจธเฉฐเจ—เจฟ เจธเจพเจฅเจฟ เจตเจกเจฟเจ†
เจธเจฟเจ‰ เจ•เจฟเจ† เจฐเฉ€เจธ **เฅฅ *

*เจœเจฟเจฅเฉˆ เจจเฉ€เจš เจธเจฎเจพเจฒเฉ€เจ…เจจเจฟ เจคเจฟเจฅเฉˆ เจจเจฆเจฐเจฟ
เจคเฉ‡เจฐเฉ€ เจฌเจ–เจธเฉ€เจธ **เฅฅ**4**เฅฅ**3**เฅฅ *

*(**เจ—เฉ**.**เจ—เฉเจฐเฉฐ**.**เจธเจพ**. **เจธเจฟเจฐเฉ€เจฐเจพเจ—เฉ**,
**เจฎ**:**1)*

*Nanak seeks the company of the lowest of the low class, the very lowest of
the low. Why should he try to compete with the great? In that place where
the lowly are cared for-there, the Blessings of Your Glance of Grace rain
down. ||4||3||*

*(Guru Granth Sahib, Siri Rag, M:1)*

This message was carried to its logical ends by the Tenth Master Guru Gobind
Singh when he initiated the *Khalsa Panth *by bestowing *Amrit *(nectar).
The de-branding the so-called *shudras *and to bestow divine acceptance to
all He directed every Sikh to always wear *kara *(black iron) bangle like
ornament on the wrist.

*Kara* thus became a divine hand-cuff reminding the adherant of his
obligation to follow the diktats and desist from prohibted commands.

To look for material benefits or comfirts from *kara * is belittling its
true message. Once a student of Khalsa College, Amritsar asked Master Tara
Singh, veteran *gursikh *leader that what is the advantage of wearing a *kara.
*Master Tara Singh replied there is no benefit for you. Shocked student
asked, 'and it is beneficial to you?'. Masterji replied in the affirmative.


  When asked further Master Tara Singh's reply was terse and pointed. He
explained that you are trying to look into the *kara *that if you wear it
you will get some benefits or may get more marks in exams. Nothing of the
sort is going to happen. But to me it is a constant and inspirational
reminder that those who had this *kara *on their wrists had their skull
ripped off with a chisel, were cut bit by bit, were boiled alive and baked
on hot plates. To me this is a reminder that if I wear it I may be blessed
this way for my commitment to my Guru. The importance of a Kara on the wrist
of a Sikh can be visualised from the following words of a spiritiual
philosopher and scientist Prof. Puran Singh.:

"I heard a stupid Sikh preacher the other day, trying to convince a mass
gathering of the Sikhs that the iron ring of the Guru worn on the wrist is a
protection against lightning. He said, as large buildings are made safe
against lightning by a rod of iron, so the Guru has saved man from the
stroke of lightning. He was hopelessly flinging his arms up and down to
gather some straw of a reason to prove the rationale of the iron ring the
Guru gave us as a gift. Coming to us from our personal God, dearer to us
than our mother, father, sister or sweetheart, it comes to us as His Gift,
as His Blessing, Fie on our manners that we argue over and over about it. He
touched my hair and I keep it; when I toss my arm up in the air and the iron
ring shines, I am reminded of His wrist that wore it โ€“ One exactly like
this. Is this arm, by some stray gleam of the iron ring on my wrist, His?
Other religions live in an elaborated symbolism; I the Sikh have no
religion. He loved me, he made me His own. The sword is the mind where the
Guru lives. The iron ring is the sign of His remembrance. The tresses of
hair are as clouds round a snow peak โ€“ they always gather, gatherโ€”they
always rain, rain. In my sacred tresses flow Ganga, Jamna and Godavari. Have
I got the comb, the Guru gave me? have I got His other gifts? I may have
lost them. But I cannot lose my trsses, I cannot lose my iron ring. Because,
you remember how He called His disciple Bhai Gurdas from Benaras. The
disciples went as bidden and brought him with his hands bound with a string
from Benares to Amritsar. Once the call of the Master was answered thus.
Each one of us is called. We are of His spiritual militia. We have to wear
the ring which is His gift, and we are the prisoners of infinite love. These
are the fetters of love, the price of our freedom. Each Sikh wears hair and
the beard of Guru gobind Singh. We are moulded in His image."

So *kara *in the hands of a Sikh is an article of faith and commitment to
the society and should be honoured and appreciated like that. It is neither
an ornament nor a superstitious symbol. It is certainly a vocal and potent
sign of commitment to the human rights of the entire humanity.

*-Compiled by Gurcharanjit Singh Lamba*

*Coordinator, IHRO Sikh Affirs*


[Non-text portions of this message have been removed]

One of my friend is working in a MNC from last 2.5 years. The company
had sent him for some project (after selecting few among the
employees )  to abroad and got  a  bond signed by him for one year.
Again company sent him abroad within the limitation period of one year
and got another bond signed for Rs. 2 lakhs for next one year.  The
present company does not enhance the salary in the proportion as it is
paying to the new comer at the same position. But since he has signed
the bond he has no other option to avail. He fears that this time again
he will be sent to abroad for 1 month or 2 month and will be compelled
to sign a bond for one year/few lakhs. Now he is getting one good
opportunity in another company. What impact it would make if he leaves
the company and avails good opportunity in other company. He has in the
present case already served for 7-8 months after signing the bond for
second time.

Kindly suggest .

Madhukar

*International Human Rights Organisation*

*Of the Indian Subcontinent *

*210, New Judicial Courts Complex, Ludhiana- 141 001*

*Tel: 91 161 500 9210, **www.ihro.in** **contact@...*

*January 24, 2008
*

*
*

*His Excellency*

*Mr. Nicholas Sarkozy*

*President of the Republic* *of France*

  Dear Mr Nicolas Sarkozy, I on behalf of the International Human Rights
Organisation (IHRO), urge your Exlcellency:

    1. That you, as president of a country whose constitution is based on
    the virtues of Liberty, Fraternity and Equality, are very much aware of the
    importance of religious freedom, as set forth in the European Convention on
    Human Rights, the Universal Declaration of Human Rights and the
    International Covenant of Civil and Political Rights, to which France is a
    party.
    2. That we were very moved by your speech on 25th Sept 2007 to the UN
    General Assembly when you said: "*Attachment to one's faith, to one's
    language and culture, and to one's way of life, thought and belief โ€“ all
    this is natural, legitimate and profoundly humanโ€ฆTo deny that is to sow the
    seeds of humiliation. A clash of civilisations will not be averted by
    forcing everyone to think and believe alike; cultural and religious
    diversity must be accepted everywhere and by all."*
    3. That when France passed a law in March 2004, banning any ostensible
    display of a religious symbol in school, it was not only a blow to the
    religious freedom that you defended at the UN, but it also affected the
    right to education. The consequence of the law was that the Transport and
    Home Ministries started to require Sikhs to bare their heads for their
    driving licence, passports and refugee cards.
    4. That the Turban is the most recognisable feature of a Sikh. Unlike
    other head coverings, it is an inextricable part of the Sikh identity and is
    worn by Sikhs at all times to cover their unshorn hair, a mandatory article
    of their faith. As a part of the core identity of a Sikh, this law
    essentially has the effect of banning the practice of the Sikh religion in
    France .
    5. That as a result of the 2004 law, French Sikh children have been
    expelled from schools and French Sikhs have also been unable to continue
    with their normal lives or obtain healthcare because they refuse to bare
    their heads for their photographs on their ID documents.
    6. That you must be aware that six Sikh schoolchildren and two adults
    have unsuccessfully turned to the French courts for redress. They are now
    appealing their cases to the European Court of Human Rights and the UN Human
    Rights Committee. UNITED SIKHS, one of the signatories below, will file for
    third party intervention in these cases in order to reinforce the importance
    of the Turban to Sikhs. These cases have not been filed in defiance of
    France but because they were left with no other recourse.
    7. That the French Sikh litigants have argued before the French
    courts, that the Turban poses no security threat as a Sikh is recognisable
    only because of his Turban and not without it. Further, the Turban does not
    interfere with identification in today's age of biometric photos, as
    evidenced by the fact that French immigration does not prohibit a Sikh
    national from any other country who wears a Turban on his passport photo.
    8. That we are aware that the law banning religious signs in schools
    was passed to promote secularity. However, Sikhs are non-proselytistic;
    wearing the Turban is an expression of a Sikh's identity and in no way
    threatens the secular space in French society.
    9. That our shared history starts with the Sarkar-E-Khalsa (Sikh
    Empire) in the 19th Century, when General Allard and General Ventura
    of French origin served with distinction in Maharaja Ranjit Singh's army.
    Many Turbaned Sikh soldiers fought and died for French freedom in World War
    I and World War II. They continue to fight for freedom, as members of the UN
    Peace-keeping Forces.
    10. That we are well aware of your magnanimous and pragmatic approach
    to multiculturalism and diversity.

  We , therefore, respectfully urge that you repeal the law that bans the
wearing of the Turban in schools and on ID photos so that French Sikhs, too,
may enjoy the freedoms in modern France or risk alienating the Sikh
community altogether.

Truly yours,

(D S Gill) Advocate

Chair IHRO

dsgill.chair@...

+91 99140 04092


[Non-text portions of this message have been removed]

* 'Human rights fundamental right'
* *Rajneesh Lakhanpal*

Ludhiana, January 22
Justice Dr Shiv Raj Patil, member, National Human Rights Commission, has
said that human rights are not a matter of charity but the fundamental right
of evey citizen. He said the police and administrative officers should
follow law and respect the human rights of everybody irrespective of their
status.

He asked judicial officers to give proper hearing to all litigants and
lawyers. People came with the last hope before the courts. He stressed that
the lawyers should also give due care to the litigants.

Young lawyers should give due respect to their seniors. With the help of
seniors, the juniors can succeed in this profession, added Justice Patil.

Justice Patil had come to adress the city lawyers at the district courts
complex on the invitation extended by former Bar president Hemant Kalia and
Ashok Jain. He was accorded a warm welcome by Parupkar Singh Ghumman,
president of the District Bar Association and other office-bearers of the
DBA.

International Human Rights Organisation Chariperson D S Gill presented an
approach paper on human rights to Justice Patil. He requested him to take up
the case of Candian Sikh journalist Harkirtat Singh who was deported to
Canada at the Delhi airport, despite his valid Indian visa.

http://www.tribuneindia.com/2008/20080123/ldh1.htm#8


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*International Human Rights Organisation*
* Of the Indian Subcontinent *
*210, New Judicial Courts Complex, Ludhiana- 141 001*

  *'We need to protect Human Rights'*

*This Approach Paper was presented before Hon'ble Dr Justice Shivraj Patil,
Member, NHRC who was a guest at the Ludhiana District Bar Association Meet,
on January 22, 2008, seeking asking him to take up the case of Candian Sikh
journalist Harkirtat Singh who was deported back to Canada at the Delhi
Airport, respite his valid Indian visa.*

  Hon'ble Dr Justice Shivraj Patil and friends:

The human rights enshrined in the constitution of the United Nations, is
comparatively a new development that emerged in 20th century in forties when
nations together felt the need of a consolidated effort for the protection
of Human Rights.

Before we talk of United Nations declaration and its covenants, first we
should know what exactly are Human Rights. Human Rights, as the term is
commonly used, are the rights, which every human being is entitled to enjoy
and to have protected. The underlying idea behind these rights exists in
some form in all cultures and societies. These rights are meant for all men,
women and children. The gist of all these rights is the Universal
Declaration of Human Rights adopted by the United Nations on, December 10 in
1948.

The declaration covers two sets of rights. One set is known as Civil and
Political Rights and the other as Economic, Social and Cultural Rights. Both
sets of rights must be observed and protected as the 'foundation of freedom,
justice and peace in the world.' And it is the responsibility of governments
to protect these rights.

  So, we need to stress that Human Rights are universal and indivisible, and
the countries can not erect barriers to international scrutiny. But,
sometimes, this stance of universality may cause discomfort among developing
countries which fear that Human Rights will provide a ready pretext for
intervention. However, it is now internationally accepted cardinal
proposition that any special situation or circumstances can never be used as
an excuse for any abuse of human rights.

As we believe in the universality of human rights, I, as chairperson of the
International Human Rights Organisation (IHRO), was a strong supporter of
the idea to establish an International Criminal Court at the Vienna World
Conference in 1993 which should have a jurisdiction to try persons
responsible for human rights abuses, including the ruling political
leadership of that state.

The most serious challenge, the world community is facing today, is from the
so-called democracies, which are using democracy as a facade to suppress the
rights and aspirations of their people. We ought to hold responsible these
regimes so that the democratic norms and international covenants are
restored in letter and spirit.

For this, what we need to do is that we should:

    1.

    Open Human Rights Education Cells in Schools and Colleges for
    awareness of the younger generation.
    2.

    Obtain from the United Nations and other agencies, materials on human
    rights, and publish it in regional languages for the benefit of grass-root
    people.
    3.

    Feed media with progress of the campaign to make it a mass movement.
    4.

    Organise training courses and seminars in the universities, colleges
    and schools.
    5.

    Associate with national and state human rights commissions to render
    help in cases of rights abuses and help develop new voluntary organisations
    for the protection and promotion of human rights;
    6.

    Provide teeth to the National and State human rights commissions. They
    should have judicial powers (like courts) of prosecuting the guilty. Appeals
    against their orders should only be before the Supreme Court.

And, the success in field of human rights surely needs positive and active
cooperation of all.

Lastly, I would like you to know a very recent violation of human rights,
for which I have written to the Consulate General of India, Vancouver,
Canada, last week, regarding Sardar Harkirat Singh Kular, a Canadian Sikh
journalist who was denied entry to India at the Delhi airport:

"Dear Shri Ashok Kumar Ji:

I beseech your kind attention towards the matter of IHRO's longtime
associate, Harkirat Singh Kular (Canadian Passport NO. JUO 23158- Visa
Number L 530809) who is an editor of Punjab Guardian, a Punjabi newsweekly,
based in Surrey.

Sardar Kular informed me on phone, after he was turned back from Delhi, that
he travelled from Vancouver to Delhi by air on January 6, 2008. There, he
was not allowed to enter India and deported back to Canada by the next
flight, without assigning any reason, though he had a valid Indian visa with
him. Earlier, he has been to India several times.

Moreover, Kular wanted to attend the marriage of his niece on January 16
which was all the more important, especially when his brother (niece's
father) had died some time back.

I, therefore, urge you, on his behalf, to grant him a fresh visa and ensure
him that he would not face any problem this time so that he may bless the
newly wedded couple and meet his relatives.

We will appreciate if you would compensate him for his monetary loss,
inconvenience and agony suffered by him and his family members during the
last mishandled episode at your end."

So, we would also appreciate if this case is taken up by the National Human
Rights Commission (NHRC) and for that, we request our Hon'ble guest to take
the initiative.

Thank you, Mr Justice Patil and all others,

(D S Gill)

Chairperson IHRO

*dsgill@...*

99140 04092


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Op-Ed EXPLAINED

Minority report
Gurpreet Mahajan Friday, December 21, 2007

Gurpreet Mahajan


** *This week the Punjab and Haryana High Court ruled that Sikhs cannot be
considered a 'minority' in Punjab and hence were not entitled to
reservations in educational institutions run by the Shiromani Gurudwara
Parbandhak Commitee. The ruling is all set to be challenged in the apex
court. Meanwhile, the high court ruling has stoked a fundamental question in
a diverse society: Who is a minority? What is the defining criterion? And,
how flexible and malleable is the concept anyway? Gurpreet Mahajan,
professor, Centre for Political Studies, Jawaharlal Nehru University,
explains*

• *What does the term minority denote? Does size matter?*

The concept of minority is most commonly used to refer to communities,
usually those that are numerically small, that are marginalised within a
nation-state. It is not the absolute number that is considered relevant.
Rather, it is the size of a community relative to an identified majority
that makes it a minority.

• *Is the size of a community the primary consideration in determining a
minority? *

The relative size of the community is considered significant for two
reasons: one, in a democracy it is possible for a larger cultural/religious
community to become a politically dominant group; and two, the culture of
the larger majority invariably shapes the cultural orientation of the state,
and this can disadvantage other communities. In each case, size matters only
as it can be a source of disadvantage and marginalisation of the relatively
smaller communities. So size is not the primary consideration.

The marginalisation that is referred to here is cultural marginalisation.
Economic and political marginalisation may enhance a community's sense of
disadvantage but the term minority focuses on cultural marginalisation, and
reminds us that even economically powerful groups, like the Jews or the
Indian community in America, may be disadvantaged due to cultural policies
of the state.

• *Is the conception of minority different in the Indian context?*

The conception of minority in India is reasonably similar. The Constitution
provided safeguards to religious and linguistic communities under Articles
26, 29, 30 to protect them against the possibility of — one, cultural
assimilation; two, culture-related disadvantage; and three, to protect and
promote India's cultural diversity.

• *If the conception of minorities is so clear, then why is it today the
subject of so much litigation and judicial interpretation? *

The conception of minority points to culture-related discrimination and
disadvantage; hence it is accused of neglecting the issue of economic
disadvantage and redistribution. When cultural communities become the unit
of analysis for the purposes of development, they are open to the charge of
identity politics. For communities are internally heterogeneous and
individuals have multiple identities and through public policies governments
can, and often do, privilege one identity over another.

This is a limitation of the concept of minority, but this is not the reason
for many of the emerging disputes in India. Linguistic reorganisation
created a situation where communities that were a majority at the national
level in terms of religious identity became a minority in a region. Besides,
a linguistic majority in one region became a linguistic minority in another.
This made the idea of majority and minority context dependent.

• *Is this the main source of contention? *

Article 30 of the Constitution provided religious and linguistic minorities
the right to set up institutions of their choice. The Supreme Court has not
linked this with Article 29 and maintained that minorities can set up any
kind of educational institution, including those providing professional
education.

The Court, however, stipulated that a minority would be identified in the
context of the state rather than the country. So long as minority
institutions were set up to protect the language and culture of that
community, the context of the state made perfectly good sense (as the
language of the majority was protected by the official policy of the state).
But in the case of higher education, particularly professional education, it
was not clear why special provisions were needed. Why was it assumed that
minorities would be worse off in open state-run institutions?

The only explanation can be that the Court recognised, at least implicitly,
the long tradition of community-run social and educational institutions and
the valuable services they can render to their community and to society as a
whole. This is an element that we need to focus on in the present context.

• *What, then, could be the way forward?*

The present paradox cannot be resolved by saying that the SGPC is an
official body of a religious minority; hence all institutions established by
it must be declared minority institutions. Or that Sikhs, in the context of
SGPC, implies merely the 'puran Sikh' and this group is a minority even in
the state of Punjab.

The problem has arisen because the law only recognises minority educational
institutions and private aided and unaided institutions. It does not
recognise community run non-profit educational institutions as a separate
category.

The Constitution recognised the contribution that communities have made to
social and welfare related functions; hence, it allowed religious
communities to establish and manage their own charitable institutions. We
might now treat educational institutions set up by communities and religious
bodies for the welfare of their members in a similar vein and provide them
facilities similar to those that are given to minority institutions, so long
as they operate on the principle of welfare rather than profit.

Since it is only a law of the Parliament that has stipulated the different
norms for admission etc to private and minority institutions, this body can
easily create enabling norms for community-managed non-profit organisations.
This might well be the way forward — one that will channel resources of
religious communities for the betterment of their respective communities.

*gurmahajan@...*

* *


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*International Human Rights Organisation* *Sikh Affairs Coordination
Office, Jalandhar*

*Press Release*

*JALANDHAR, September 13, 2007*

The International Human Rights Organisation has rejected in its entirety the
All India Gurdwara Bill, 1999, then drafted by Mr Chief Justice Harbans
Singh (retired), Chief Commissioner of Gurdwara Elections, Punjab that has
recently been sent to the Punjab government by the Centre for its perusal
and approval by the Sikh Panth.

Instead, the IHRO endorsed the All India Sikh Gurdwara Bill, 2002, drafted
by Justice Kulwant Singh Tiwana Panel and approved by the Shiromani Gurdwara
Prabandhak Committee (SGPC), in its meeting held today.

The IHRO-Sikh Affairs coordinate members, in its meeting, presided over by
Chairperson D S Gill and attended, among others, by General Secretary M S
Grewal, Major J S Rishi, Dharminder Singh Hambran and Inderjit Kaur, also
decided to follow up the matter with the Government of India.

Subsequently, 'IHRO Sikh Affairs' coordinator Gurcharanjit Singh Lamba, in a
press release issued here, said "The Bill, 2002, is in the larger interest
of the Khalsa Panth. The power of the Khalsa Panth has to emanate from one
source, and that is the combination of all the Gurdwaras, hence the
enactment of the All the Gurdwara Bill should be passed at the earliest".

It is further clarified, he said, that having considered all the previous
drafts of the All India Gurdwara Bills, the SGPC had constituted a panel of
legal luminaries headed by Justice Kulwant Singh Tiwana (Retired) to
finalise the Sikh legislation.

He added that the final drafted of the All India Gurdwara Bill, 2002, was
prepared by the Panel and the same has, now, been sent to the Union
Government, according to Daljit Singh Bedi, an SGPC official.

"We, therefore, urge the Centre that the Tiwana Panel's draft unanimously
sanctioned by the entire Khalsa Panth and approved by the SGPC should be
passed and made a law speedily," he further said.

The IHRO has further called upon Akal Takht, the SGPC and the Shiromani
Akali Dal leadership to ask their MP's to push the Bill and lobby for it in
Parliament.

Meanwhile, the IHRO noted with concern the outbursts of Mr Justice S N
Srivasta of the Allahabad High Court who had pronounced, in a case before
him, that 'Gita should be declared a National Dharma' and thus undermined
the sanctity of the judicial system and the secular fabric of India.

(G S Lamba)
IHRO Coordinator, Sikh Affairs
- 98159 63036


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*God Is Ram Is Ram God?
**-Sikh Persective

Sardar G S Lamba, author of this article, is Coordinator, Sikh Affairs of
the IHRO (International Human Rights Organisation) and he puts forth IHRO's
view point based on Gurbani on the subject in hand- D S Gill chair IHRO
*

*Ram katha jug jug atal. *Guru Gobind Singh ji, while concluding his version
of *Ramavtr,* said the story of Rama is from time immemorial and will remain
so.

A senior journalist friend once remarked that it is very easy to instigate
and embarrass the Sikhs. Just ask a Sikh a very simple question: What is the
importance of Rama in Sikhism? If he says it is of no significance then
quote that Gurbani has vividly referred to Rama as an icon of goodness. Now
if he says, "yes it is significant", then simply pin up the lapel of RSS on
him. Either way it will start a spate of intrinisic skirmishes. The same is
happening now.

The Khalsa or the Panth of the Guru which had shattered the Khyber Pass and
penetrated deep into the territories reversing the onslaught from West has
the strenghth to preserve and maintain its entity and identity. It should
shed off its unnecessary phobia and stop shaking like a dry leaf at the
slightest wind blowing.

Thanks to the uninvited intrusion of RSS into Sikhism with their remarks in
their organ 'The Organiser' that the sacred texts of the Sikhs* * are *"known
for their salutations to Sri Rama" *which has helped to complicate matter
further by . Perhaps they believe that if you want to convince a man, first
confuse him.

Islam, Christianity and Judaism despite maintaing their separate identitoes
have preserved the names and references of the earlier prophets. Guru Granth
Sahib likewise has respectfully canonised the names of the mythological
gods, goddesses etc. saying that all these are ever singing the praise of
the Lord at His doorsteps. Gurmat is unequivocally clear that the only
entity to be worshipped is the One who does not take birth and does not come
in any form. Gurmat also does not object if Akal Purakh is remembered by the
name of Rama, Krishna or likewise. But it certainly will not equate Rama or
Krishna as God.

The row, thus, whether Guru Granth Sahib has refernces to Rama or not, is
nothing but unnecessary.

It goes to the credit of the unflinching faith of the Hindus that even
pre-historic Rama is preserved and worshipped as if he were present even
now. They are trying not only to preserve anything linked with him but have
been successful in making his birth-place, an officially documented site. On
one side there are communities which are endeavouring to even convert the
mythology into government documented history. On the other there are so
called scholars in Sikhism, whose only "mission" seems is to convert just
five hundred year old history into mythology. All their energies are
directed toward one goal. Create doubts about Sikh hisotry, historical
events, old granths, places linked with the Gurus and Sikh history. This
danger is much more than even from RSS or likes. For the Sikh values, the
teachings, *banee *of Guru Granth Sahib and Dasam Granth is there to protect
the identity and entity of the Sikhs. If there is real danger to the
community, it is from these neo-atheists guised as *gumat *parcharks armed
with half-cooked knowledge who and are on charge to create doubts about the
Gurus, their life and their *banee.*

The issue whether Rama is a mythological, historical or a fictional figure
has divided North and South and even the Hindu scholars. The genesis of this
traditional animosity is not difficult to find. Even Dayanand has given the
boundaries of *Aryavrta *(Bharat Varsh) as extending from the Himalayas to
Vindhyanchal (Madhya Pradesh). According to the RSS journal, Ram Setu was
built by Lord Rama's *vanar sena *17,50,000 years ago. The *Ramayana* of
Tulsi is about four hundred and fifty years old and that of Valmiki dates
back to 500 B.C to 100 B.C. Obviously the epic *Ramayana* is a creation *lakhs
*of years later than the life and time of legendary Rama. The existence of *
Ramayana* is thus because of Rama and his stories, legends, folk tales etc.
There are numerous *Ramayana*s and they are not confined to India but have
different versions in the neighbouring countries also. Almost all regions of
India have also given their version of *Ramayana*. Even Guru Gobind Singh ji
had given his own *Ramavtar*. The daily prayers, *nitnem *and the *banees *of
*amrit sanchar *(baptism) are taken from this epic penned by Guru Gobind
Singh ji.

The world has the tradion of labelling some as devils or demons and some as
angels. The same was followed in India too. But here Guru Gobind Singh ji
came with an abundently clear concept that both devils and are caught in the
web of womb and come to world to fulfil that cycle. Interstingly he even
referred to the prevailing situation of that time in these verses:

เจœเฉˆเจธเจฟ เจœเฉ‚เจจเจฟ เจ‡เจ• เจฆเฉˆเจค เจฌเจ–เจจเจฟเจฏเจคเฅฅ

เจคเจฏเฉ‹เจ‚ เจ‡เจ• เจœเฉ‚เจจเจฟ เจฆเฉ‡เจตเจคเจพ เจœเจจเจฟเจฏเจคเฅฅ

เจœเฉˆเจธเฉ‡ เจนเจฟเฉฐเจฆเฉ‚เจ† เจจเฉ‹ เจคเฉเจฐเจ•เจพเจจเจพเฅฅ

เจธเจญเจนเจฟเจ‚เจจ เจธเฉ€เจธ เจ•เจพเจฒ เจœเจฐเจตเจพเจจเจพเฅฅ*103*เฅฅ

เจ•เจฌเจนเฉ‚เฉฐ เจฆเฉˆเจค เจฆเฉ‡เจตเจคเจจ เจฎเจพเจฐเฉˆเจ‚เฅฅ

เจ•เจฌเจนเฉ‚เฉฐ เจฆเฉˆเจคเจจ เจฆเฉ‡เจต เจธเฉฐเจ˜เจพเจฐเฉˆเจ‚เฅฅ

เจฆเฉ‡เจต เจฆเฉˆเจค เจœเจฟเจจ เจฆเฉ‹เจŠ เจธเฉฐเจ˜เจพเจฐเจพเฅฅ

เจตเจนเฉˆ เจชเฉเจฐเจ– เจชเฉเจฐเจคเจฟเจชเจพเจฒ เจนเจฎเจพเจฐเจพเฅฅ*104*เฅฅ
*(*เจฆเจธเจฎ เจ—เฉเจฐเฉฐเจฅ *-*เจšเจฐเจฟเจคเฉเจฐเฉ‹ เจชเจพเจ–เจฏเจพเจจ*)*
*As there is a species of demons, similarly there is a specie of gods. The
way the Turks are riding roughshod on the head of the Hindus, kal (death) is
hovering over every one. At times demons killed devtas and some time the
devtas were able to kill rakhshas (demons). But the one who eliminates both
devtas as well as rakshas is my protector.*

  Basically it is the character or qualities of a person which make him good
or bad. Ravana was otherwise *Brahmin. * Jha, a friend of mine gave a very
intersting remaks that only a *Brahmin *can become *Ravana.*

Clarifying this point in his biography *Bachittar Natak, *the wondrous
drama, Guru Gobind Singh ji goes on to say:

เจธเจพเจง เจ•เจฐเจฎ เจœเฉ‡ เจชเฉเจฐเจ– เจ•เจฎเจพเจตเฉˆ เฅฅ เจจเจพเจฎ
เจฆเฉ‡เจตเจคเจพ เจœเจ—เจค เจ•เจนเจพเจตเฉˆ เฅฅ

เจ•เฉเจ•เฉเจฐเจฟเจค เจ•เจฐเจฎ เจœเฉ‡ เจœเจ— เจฎเฉˆ เจ•เจฐเจนเฉ€เจ‚ เฅฅ
เจจเจพเจฎ เจ…เจธเฉเจฐ เจคเจฟเจจ เจ•เฉ‹ เจธเจญ เจงเจฐเจนเฉ€เจ‚ เฅฅ 15เฅฅ
(เจฆเจธเจฎ เจ—เฉเจฐเฉฐเจฅ-เจฌเจšเจฟเจคเฉเจฐ เจจเจพเจŸเจ•)

*The man whoperforms pious deeds ears the appelation of a "god" and the one
who does evil in the world is universally called a demon.*

  Guru Gobind Singh ji goes on to say

*เจเจ• เจธเจฟเจต เจญเจ เจเจ• เจ—เจ เจเจ• เจซเฉ‡เจฐ เจญเจ
เจฐเจพเจฎเจšเฉฐเจฆเฉเจฐ เจ•เฉเจฐเจฟเจธเจจ เจ•เฉ‡ เจ…เจตเจคเจพเจฐ เจญเฉ€
เจ…เจจเฉ‡เจ• เจนเฉˆเจ‚ **เฅฅ *

*(**เจฆเจธเจฎ เจ—เฉเจฐเฉฐเจฅ **โ€ **เจ…เจ•เจพเจฒ เจ‰เจธเจคเจคเจฟ **)*

*As one Shiva goes another comes. Similarily Rama and Krishna too have a
sequence of repeated incarnations.*


Guru Granth Sahib says that these incarnations of Vishnu were in fact the
kings of their time but later people started worshipping them as *Avtars *and
gods.

*เจœเฉเจ—เจน เจœเฉเจ—เจน เจ•เฉ‡ เจฐเจพเจœเฉ‡ เจ•เฉ€เจ เจ—เจพเจตเจนเจฟ
เจ•เจฐเจฟ เจ…เจตเจคเจพเจฐเฉ€ **เฅฅ *

  *เจคเจฟเจจ เจญเฉ€ เจ…เฉฐเจคเฉ เจจ เจชเจพเจ‡เจ† เจคเจพ เจ•เจพ เจ•เจฟเจ†
เจ•เจฐเจฟ เจ†เจ–เจฟ เจตเฉ€เจšเจพเจฐเฉ€ **เฅฅ**7**เฅฅ *

*(**เจ—เฉเจฐเฉ‚ เจ—เฉเจฐเฉฐเจฅ เจธเจพเจนเจฟเจฌ**, 424)*

Rama as a king did expand his kingdom and ruled the people with four canons
of politics, *sam, dam, dand *and *sabheda.* He also religiously followed
and upheld the *Vedic *rules of the caste system.

*เจฌเจนเฉ เจฌเจฟเจงเจฟ เจ•เจฐเฉ‹ เจฐเจพเจœ เจ•เฉ‹ เจธเจพเจœเจพ **เฅฅ
**เจฆเฉ‡เจธ เจฆเฉ‡เจธ เจ•เฉ‡ เจœเฉ€เจคเฉ‡ เจฐเจพเจœเจพ **เฅฅ *

*เจธเจพเจฎ เจฆเจพเจฎ เจ…เจฐเฉ เจฆเฉฐเจก เจธเจญเฉ‡เจฆเจพ **เฅฅ **เจœเจฟเจน
เจฌเจฟเจง เจนเฉเจคเฉ€ เจธเจพเจธเจจเจพ เจฌเฉ‡เจฆเจพ **เฅฅ**837**เฅฅ *

*เจฌเจฐเจจ เจฌเจฐเจจ เจ…เจชเจจเฉ€ เจ•เฉเจฐเจฟเจค เจฒเจพเจ **เฅฅ **เจšเจพเจฐ
เจšเจพเจฐ เจนเฉ€ เจฌเจฐเจจ เจšเจฒเจพเจ **เฅฅ *

*เจ›เจคเฉเจฐเฉ€ เจ•เจฐเฉˆเจ‚ เจฌเจฟเจ‚เจชเฉเจฐ เจ•เฉ€ เจธเฉ‡เจตเจพ **เฅฅ
**เจฌเฉˆเจธ เจฒเจ–เฉˆ เจ›เจ‚เจคเฉเจฐเฉ€ เจ•เจน เจฆเฉ‡เจตเจพ **เฅฅ**838**เฅฅ
**(**เจฆเจธเจฎ
เจ—เฉเจฐเฉฐเจฅ **โ€ **เจฐเจพเจฎเจพเจตเจคเจพเจฐ**)*

Rama as a king did enjoy and suffer normal human pleasures and predicaments.

*เจชเจพเจ‚เจกเฉ‡ เจคเฉเจฎเจฐเจพ เจฐเจพเจฎเจšเฉฐเจฆเฉ เจธเฉ‹ เจญเฉ€
เจ†เจตเจคเฉ เจฆเฉ‡เจ–เจฟเจ† เจฅเจพ **เฅฅ *

*เจฐเจพเจตเจจ เจธเฉ‡เจคเฉ€ เจธเจฐเจฌเจฐ เจนเฉ‹เจˆ เจ˜เจฐ เจ•เฉ€ เจœเฉ‹เจ‡
เจ—เจตเจพเจˆ เจฅเฉ€ **เฅฅ**3**เฅฅ **(**เจ—เฉเจฐเฉ‚ เจ—เฉเจฐเฉฐเจฅ
เจธเจพเจนเจฟเจฌ**, 875
)*

Despite this, Rama as a symbol has been adapted by Gurmat. Guru Granth Sahib
says that Rama, Krishna etc. ruled the people in their times but now in the
*kaliyuga *it is Guru Nanak, who is relevant.

*เจคเฉเจฐเฉ‡เจคเฉˆ เจคเฉˆ เจฎเจพเจฃเจฟเจ“ เจฐเจพเจฎเฉ เจฐเจ˜เฉเจตเฉฐเจธเฉ
เจ•เจนเจพเจ‡เจ“ **เฅฅ *

*เจฆเฉเจ†เจชเฉเจฐเจฟ เจ•เฉเจฐเจฟเจธเจจ เจฎเฉเจฐเจพเจฐเจฟ เจ•เฉฐเจธเฉ
เจ•เจฟเจฐเจคเจพเจฐเจฅเฉ เจ•เฉ€เจ“ **เฅฅ *

*เจ‰เจ—เฉเจฐเจธเฉˆเจฃ เจ•เจ‰ เจฐเจพเจœเฉ เจ…เจญเฉˆ เจญเจ—เจคเจน เจœเจจ
เจฆเฉ€เจ“ **เฅฅ *

*เจ•เจฒเจฟเจœเฉเจ—เจฟ เจชเฉเจฐเจฎเจพเจฃเฉ เจจเจพเจจเจ• เจ—เฉเจฐเฉ
เจ…เฉฐเจ—เจฆเฉ เจ…เจฎเจฐเฉ เจ•เจนเจพเจ‡เจ“ **เฅฅ **(**เจ—เฉเจฐเฉ‚
เจ—เฉเจฐเฉฐเจฅ เจธเจพเจนเจฟเจฌ**,
1390)*

Even Guru Nanak Dev Ji while referring to the building of a bridge and
killing of Ravana has addressed Rama as a *gurmukh.*

*เจ—เฉเจฐเจฎเฉเจ–เจฟ เจฌเจพเจ‚เจงเจฟเจ“ เจธเฉ‡เจคเฉ เจฌเจฟเจงเจพเจคเฉˆ **เฅฅ
**เจฒเฉฐเจ•เจพ เจฒเฉ‚เจŸเฉ€ เจฆเฉˆเจค เจธเฉฐเจคเจพเจชเฉˆ**เฅฅ *

*เจฐเจพเจฎเจšเฉฐเจฆเจฟ เจฎเจพเจฐเจฟเจ“ เจ…เจนเจฟ เจฐเจพเจตเจฃเฉ **เฅฅ
**เจญเฉ‡เจฆเฉ เจฌเจญเฉ€เจ–เจฃ เจ—เฉเจฐเจฎเฉเจ–เจฟ เจชเจฐเจšเจพเจ‡เจฃเฉ **เฅฅ
*

*(**เจ—เฉเจฐเฉ‚ เจ—เฉเจฐเฉฐเจฅ เจธเจพเจนเจฟเจฌ**, 543)*

While Guru Granth Sahib mentions Rama as a *gurmukh, *Ravana has been
referred as a *moorakh.*

Often a point is raised that Guru Gobind Singh ji has linked his lineage
with the *Raghu Kul*, the clan of Raghu, the grand father of Rama. The clans
are reality but their lineage and starting point is illusionary and
uncertain to prove. However, every person belongs to one or other clan. Now
Guru Gobind Singh ji has said it very clearly that he was from the
clan of *Sodhis,
*which finds its roots in the *Raghukul*. This very point is mentioned in
Guru Granth Sahib also.

*เจฐเจ˜เฉเจฌเฉฐเจธเจฟ เจคเจฟเจฒเจ•เฉ เจธเฉเฉฐเจฆเจฐเฉ เจฆเจธเจฐเจฅ เจ˜เจฐเจฟ
เจฎเฉเจจเจฟ เจฌเฉฐเจ›เจนเจฟ เจœเจพ เจ•เฉ€ เจธเจฐเจฃเฉฐ **เฅฅ *

*เจธเจคเจฟเจ—เฉเจฐเฉ เจ—เฉเจฐเฉ เจธเฉ‡เจตเจฟ เจ…เจฒเจ– เจ—เจคเจฟ เจœเจพ
เจ•เฉ€ เจธเฉเจฐเฉ€ เจฐเจพเจฎเจฆเจพเจธเฉ เจคเจพเจฐเจฃ เจคเจฐเจฃเฉฐ
**เฅฅ**2**เฅฅ *

*(**เจ—เฉเจฐเฉ‚ เจ—เฉเจฐเฉฐเจฅ เจธเจพเจนเจฟเจฌ**, 1401)*

Despite this, Guru Gobind Singh ji has not given any weightage to his
worldly clan. Rather when creating the Khalsa he said that now Khalsa
belongs to the clan of *khanda, *the double edged sword.

In the words of Dr. Gokal Chand Narang, the famous historian,

*Rama and Krishna had received the homage of everyone as Divine beings. It
was Nanak who boldly questioned their divinity and brought them down to the
level of mortalsโ€ฆโ€ฆโ€ฆโ€ฆโ€ฆ Guru Gobind Singh went further and stated: 'He
created
millions of worms like Krishna, made many Ramas and destroyed them. Many
Mohammads came into the world . All died when their time expired. *

[Gokal Chand Narang *Transformation of Sikhism.p.384*]

*เจ•เจฟเจคเฉ‡ เจ•เฉเจฐเจฟเจธเจจ เจธเฉ‡ เจ•เฉ€เจŸ เจ•เฉ‹เจŸเฉˆ เจฌเจจเจพเจ
**เฅฅ **เจ•เจฟเจคเฉ‡ เจฐเจพเจฎ เจธเฉ‡ เจฎเฉ‡เจŸเจฟ เจกเจพเจฐเฉ‡ เจ‰เจชเจพเจ
**เฅฅ *

*เจœเจฟเจคเฉ‡ เจ…เจ‰เจฒเฉ€เจ† เจ…เฉฐเจฌเฉ€เจ† เจนเฉ‹เจ‡ เจฌเฉ€เจคเฉ‡ **เฅฅ
**เจคเจฟเจคเจฟเจ“ เจ•เจพเจฒ เจœเฉ€เจคเจพ เจจ เจคเฉ‡ เจ•เจพเจฒ เจœเฉ€เจคเฉ‡ **เฅฅ
*

*เจœเจฟเจคเฉ‡ เจฐเจพเจฎ เจธเฉ‡ เจ•เฉเจฐเจฟเจธเจจ เจนเฉเจ‡ เจฌเจฟเจธเจจ เจ†เจ
**เฅฅ **เจคเจฟเจคเจฟเจ“ เจ•เจพเจฒ เจ–เจพเจชเจฟเจ“ เจจ เจคเฉ‡ เจ•เจพเจฒ เจ˜เจพเจ
**เฅฅ **28*
*เฅฅ *

*(**เจฆเจธเจฎ เจ—เฉเจฐเฉฐเจฅ **โ€**- **เจ…เจ•เจพเจฒ เจ‰เจธเจคเจคเจฟ**)*

According to the chronology given by Hindu tradition and scholars, Vishnu
took seventh incarnation in the form of Rama in *Treta yug. *Dhruv and
Prahlad the two child *Bhagats *came in S*atyug,* i.e. millions of years
before Rama, the king of Ayodhya. Guru Granth Sahib is the propagator of
strict monotheism. It cannot worship anything or anybody except the *
Nirankar* who is formless, omnipresent and does not take birth or
incarnations. So the call of Guru Granth Sahib to everyone is very clear, to
mediatate on the name of the Lord as vigorously and as devotedly as was done
by Dhruv and Prahlad. *เจฐเจพเจฎ เจœเจชเจ‰ เจœเฉ€เจ… เจเจธเฉ‡ เจเจธเฉ‡ **เฅฅ
**เจงเฉเจฐเฉ‚ เจชเฉเจฐเจนเจฟเจฒเจพเจฆ เจœเจชเจฟเจ“ เจนเจฐเจฟ เจœเฉˆเจธเฉ‡
**เฅฅ**1**เฅฅ**(**336) *At this time there was no existence of King Rama of
Ayodhya.

*เจ•เจฌเฉ€เจฐ** **เจฐเจพเจฎ** **เจ•เจนเจจ** **เจฎเจนเจฟ** **เจญเฉ‡เจฆเฉ**
**เจน**เฉˆ **เจคเจพ** **เจฎเจนเจฟ** **เจเจ•เฉ** **
เจฌเจฟเจšเจพเจฐเฉ** **เฅฅ** *

*เจธเฉ‹เจˆ** **เจฐเจพเจฎเฉ** **เจธเจญเฉˆ** **เจ•เจนเจนเจฟ** **เจธ**เฉ‹**เจˆ**
**เจ•เจ‰เจคเจ•เจนเจพเจฐ** **เฅฅ*190*เฅฅ** *(gurU
gRMQ swihb, 1374 )

*Kabeer, it does make a difference, how you chant the Lord's Name, 'Raam'. *

*This is something to consider. Everyone uses the same word for the son of
Dasrath and for the Wondrous Lord. ||190||*

*เจ•เจฌเฉ€เจฐ เจฐเจพเจฎเฉˆ เจฐเจพเจฎ เจ•เจนเฉ เจ•เจนเจฟเจฌเฉ‡ เจฎเจพเจนเจฟ
เจฌเจฟเจฌเฉ‡เจ• **เฅฅ *

*เจเจ•เฉ เจ…เจจเฉ‡เจ•เจนเจฟ เจฎเจฟเจฒเจฟ เจ—เจ‡เจ† เจเจ• เจธเจฎเจพเจจเจพ
เจเจ• **เฅฅ**191**เฅฅ *

*(gurU gRMQ swihb, 1375)*

*Kabeer, use the word 'Raam', only to speak of the All-pervading Lord. You
must make that distinction. One 'Raam' is pervading everywhere, while the
other is contained only in himself. ||191||*

The divide of North and South over the status of Rama and Ravana is all too
visible. Whereas in the North Rama is revered, the same status is not
conferred on him in the South. Though Guru Gobind Singh ji in his '*Ramavtar
*' has critically analysed at length the epic of Rama and Ravana, but he has
also given a very interesting note at the end about the spiritual status of
Rama and Ravana

  *เจธเจพเจง เจ…เจธเจพเจง เจœเจพเจจเฉ‹ เจจเจนเฉ€ เจฌเจพเจฆ เจธเฉเจฌเจพเจฆ
เจฌเจฟเจฌเจพเจฆเจฟ **เฅฅ *

*เจ—เฉเจฐเฉฐเจฅ** **เจธเจ•เจฒ เจชเฉ‚เจฐเจฃ เจ•เฉ€เจฏเฉ‹ เจญเจ—เจตเจค
เจ•เฉเจฐเจฟเจชเจพ เจชเฉเจฐเจธเจพเจฆเจฟ **เฅฅ**862**เฅฅ **(**เจฆเจธเจฎ
เจ—เฉเจฐเฉฐเจฅ **โ€
**เจฐเจพเจฎเจพเจตเจคเจพเจฐ**)*

*It isdifficult to decide as to who was a saint and who was not; it is a
contentious issue. My job was to complete this epic with the grace of God โ€“
which I have done. *

The *Ramavtar* ends with the cantos which form part of the daily prayer of
the Sikhs and declare unequivocally that after I have come to the feet of
the Lord I will not even look to any one else. Rama, Rahim, Puranas, Quran
all give different versions of God, but I shall heed none.

*เจธเจตเฉˆเจฏเจพ **เฅฅ **เจชเจพเจ‚เจ‡ เจ—เจนเฉ‡ เจœเจฌ เจคเฉ‡ เจคเฉเจฎเจฐเฉ‡
เจคเจฌ เจคเฉ‡ เจ•เฉ‹เจŠ เจ†เจ‚เจ– เจคเจฐเฉ‡ เจจเจนเฉ€ เจ†เจจเจฏเฉ‹ **เฅฅ *

*เจฐเจพเจฎ เจฐเจนเฉ€เจฎ เจชเฉเจฐเจพเจจ เจ•เฉเจฐเจพเจจ เจ…เจจเฉ‡เจ•
เจ•เจนเฉˆเจ‚ เจฎเจค เจเจ• เจจ เจฎเจพเจจเจฏเฉ‹ **เฅฅ *

*เจธเจฟเฉฐเจฎเฉเจฐเจฟเจคเจฟ เจธเจพเจธเจคเฉเจฐ เจฌเฉ‡เจฆ เจธเจญเฉˆ เจฌเจนเฉ
เจญเฉ‡เจฆ เจ•เจนเฉˆ เจนเจฎ เจเจ• เจจ เจœเจพเจจเจฏเฉ‹ **เฅฅ *

*เจธเฉเจฐเฉ€ เจ…เจธเจฟเจชเจพเจจ เจ•เฉเจฐเจฟเจชเจพ เจคเฉเจฎเจฐเฉ€ เจ•เจฐเจฟ
เจฎเฉˆ เจจ เจ•เจนเจฏเฉ‹ เจธเจญ เจคเฉ‹เจนเจฟ เจฌเจ–เจพเจจเจฏเฉ‹ **เฅฅ**863**เฅฅ *

*(**เจฆเจธเจฎ เจ—เฉเจฐเฉฐเจฅ **โ€** **เจฐเจพเจฎเจพเจตเจคเจพเจฐ**)*

Gurcharanjit Singh Lamba
EditorSant Sipahi (Estd.1945)
*editor@...*, *lambags@...*

PS: If you have any difficulty in reading this paper, please do see the
article in PDF file attached herewith


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