Friday, December 31, 2010

Re: [HumJanenge] reg sedition

Dear Dwarkanath
You have 100% with in the limit of Constitutionla Provisional, "Freedom of speech" which is a fundamental Right of every citizen.
Just because some one want to keep a watch on us , they just cant take our Fundemantal Rights .
In Preamble it says " we the people of India, having solemly resolved to constitute India into a SOVEREIGN SOCIALIST DEMOCRATIC REPUBLIC and to secure to all its citizens, The Justice, Liberty,Equality,Fraternity on 26/11/1949, do hereby Adopt, Enact, & Give to ourselves THIS CONSTITUTION.
The Supremecourt Gave Direction to Trail court to finish the trial of Dr.Binayak sen & others within the decmeber 2010. we welcome this decision.
why the same decision were not took in
1)"The Bhopal tragedy trial  which took 26 years to decide the fate of five lakh people's life?.
2) "The Bofors which is still investigated & the trial is run to find out the kick backs of defence deal?
3) Recently in the august 2010, in Bangalore Governmnet beggars colony at a time more than 286 beggars (Official record) died in a month. Governmnet ordered for COD enquirey. But even after four months the file is laying in the chief Minister of karanataka without any decision.
Article -14 of Indian Constitution says" Equality before Law"
This means Law is supreme and every citizen should be equally treated.
But in reality poor peoples life doesn't have any value in INDIA.
The amount of corruption in 2G, Adarsha, CWG, if at all Indian government wants a loan of 4 lakh crores from IMF or world bank we will be asked to pledge some states to get this loan amount . 
As you have rightly said, lets understand basic law of the land along with our Rights and duties which we are alredy abide.
if at all any body feels that this does not fit in this groop discussion, you can remove me from the mailing address.
At last "its my right to express" No body can take this including the system of the day.
K N Jagadesh kumar
Civil Contractor/RTI activist
n Thu, Dec 30, 2010 at 10:01 PM, Dwarakanath <> wrote:
friends, I do understand that there are a lot of its and buts in the country as far as honesty or integrity or lawfulness or compliance with laws are concerned.  I am a born Indian and will be for ever. But being an Indian, it is my fundamental duty, irrespective of what others do, to abide by the Constitution and strive to improve, educate the masses about their rights, liberties and duty (under Article 51-A). I have to honestly  put my effort to bring peace and tranquility to the extent possible.   I believe in the mass understanding the law of the country and do their bit to not only abide by it but also take corrective peaceful action wherever it is necessary.  The country belongs to all of us  and not a private property of any individuals or any political parties.   I do not intend or attempt to gain any name, fame or  rewards in this venture.  If my writings offend any of the groups or anybody else, they have the privilege either to ignore or to block the display of write ups.Regards, dwarakanathdm,nbca

On Thu, Dec 30, 2010 at 9:46 AM, Sarbajit Roy <> wrote:
Hi Dwarakanath /group

I dont know in what context this definition has been uploaded, perhaps it refers to PMK's warnings in Binayak' Sens' discussions

I surmise that PMK is concerned about members like Major Ravi who were similarly jailed for their utterances and now go about posting pro-Maoist comments on various unmoderated blogs and RTI groups purporting to be written to Constitutional Officers. To illustrate such utterances

"This letter is a deliberate effort in that direction. The only other option available to me is to pray that the naxalites and maoists chose their targets correctly whenever they decide to strike because the other options- approaching the police or the judiciary- is beyond the pale of ordinary mortals in this country. It is pertinent to recall that as per the survey results of Transparency International the police and judiciary are the most corrupt institutions in this country which in turn is one of the most corrupt in the whole world. "

We don't need a police officer like Amitabh Thakur, IPS to see that such statements would otherwise directly fall under definition of sedition you have uploaded except for the fig-leaf of its purportedly being written to a Chief Minister,


On Thu, Dec 30, 2010 at 6:42 AM, Dwarakanath <> wrote:
Friends, I reproduce below the definition of 'sedition' under the Indian Penal Code. for information:
  124-A:   Sedition – whoever by words, either spoken or written, or by signs or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for Life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.  [explanation-1- The expression "disaffection" includes disloyalty and all feelings of enmity, Explanation 2- Comments expressing disapprobation of the measures   of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.  Explanation 3- Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

K N Jagadesh Kumar

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