Public Issues – An Indian Bureaucrat's Diary https://binoygupta.com Share the life time experiences of a retired Indian Bureaucrat relating to travel and nature Mon, 14 Oct 2013 14:59:34 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.1 Aam Aadmi Party, ex Bureaucrats and Politics https://binoygupta.com/culture/aam-aadmi-party-ex-bureaucrats-and-politics-564/ https://binoygupta.com/culture/aam-aadmi-party-ex-bureaucrats-and-politics-564/#comments Mon, 14 Oct 2013 13:55:06 +0000 http://binoygupta.com/?p=564 Read more ›]]> Aam Aadmi Party, ex Bureaucrats and Politics

 

Yesterday night, I was shocked to watch and hear Arvind Kejriwal’s comments
in the TV show Aap Ki Adalat.

Earlier, I have been astonished to hear comments by General V K Singh about

the Supreme Court decision on his age dispute.

And I have been amused to see Asaram Bapu’s supporters ranting to the

media.

Right to contest elections and dream big

Every one, including ex Bureaucrats, and even Babas have a right to contest

the elections, and dream of becoming the Prime Minister, Chief Minister,

Minister, MP or MLA. But people who have retired as a General or Cabinet

Secretary or some other high position have handled very sensitive files and

documents. They should never talk about such things in public in private.

General V K Singh

How can he compare his age dispute with that of a 17 year old rapist?

The Supreme Court does not admit cases of age disputes of government

servants directly.

The affected person has to come through a serious of judicial hierarchy.

The Supreme Court did a favour in hearing the General directly. Probably this

should not have been done.

Then, there are procedures and a plethora of decisions on how age disputes of

Government employees should be agitated and resolved.

Commenting on the Supreme Court was in very bad taste.

Then he stated that he had evidence against a subordinate offering him bribe.

But he could never produce the evidence.

Then his statement in public  about the bribes and payments made to

politicians in Kashmir are actually crimes punishable under the Military Act

and the Official Secrets Act.

Surely he knows all this….

 Asharam and his son Narayan Sai

Asaram Bapu is in jail. His son Narayan Sai announced he will form an all India
political party. His supporters harp on the delay in filing the various

complaints.

There are so many charges against both father and son. There are a plethora of
illegal constructions……

If he is innocent, he should appear before the police and the and the courts

and answer the different questions.

Why is he running away?

 Arvind Kejriwal

In the interview yesterday, Arvind said that he was a Commissioner of Income
Tax when he resigned, and that every Inspector in the Income Tax

Department earns at least Rs. 1 crore per year……He left the department and

all this money for the common man.

 The fact is he was not a Commissioner – but only an Addl. Commissioner of

Income Tax when he resigned. All this ranting about the earning of an

Inspector of Income Tax of Rs. 1 crore is sheer bakwas. How many cases of

Inspectors amassing this kind of money did he come across? How many

inspectors did he take action against during his long career.

Then he did not mention that his wife continues to work in the same Income

Tax Department as Additional Commissioner of Income Tax. Personally, I do

not know them. But by the same logic, she must be earning tens of crores of

rupees every year. What is his answer to this logic?

Anna Hazare thought politics is dirty and chose to remain aloof. But Arvind

has entered Politics and he is already talking like a Chief Minister…….May be

one day his dreams will come true.

But as I said, he has a right to contest elections and dream big,,,,but without

telling silly lies about his ex colleagues and sub ordinates.

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Travel Insurance https://binoygupta.com/current-issues/travel-insurance-558/ https://binoygupta.com/current-issues/travel-insurance-558/#comments Thu, 10 Oct 2013 16:17:58 +0000 http://binoygupta.com/?p=558 Read more ›]]> Travel Insurance

I am publishing the following news item to show the need for taking a travel insurance while travelling abroad.
It is mandatory while travelling to certain countries.
But I would advise every tourist to take one.

Its coverage is very wide and includes medical illness, hospitalization, loss of passport, missed flights, loss of luggage, etc.

Anila Gupta

The following is the news item published in the Times of India (Mumbai Edition)
10 October 2013

Insurer to pay Rs 3 lakh to woman who fell ill during Thailand trip

(Rebecca SamervelRebecca Samervel, TNN | Oct 10, 2013, 01.10 AM IST)

MUMBAI: An insurance company will have to reimburse a Parel-based woman Rs 3.34 lakh assured under the overseas travel insurance policy after she fell ill on a trip to Thailand in 2011.

The complainant, Anila Gupta, will also receive Rs 15,000 as compensation as the insurer, ICICI Lombard General Insurance Company Ltd, had failed to furnish the amount when she was hospitalized abroad in Thailand.

According to the complaint filed in the Central Mumbai District Consumer Disputes Redressal Forum in 2012, Gupta said she had arrived in Thailand on July 29, 2011. However, she fell critically ill and was admitted to a Bangkok hospital in August 2011. Her husband sent an email to the insurance company on August 24, 2011, and registered a cashless claim. During her hospitalization, officers of the insurance company in Bangkok were in touch with the healthcare facility and paid a substantial portion of medical expenses.

However, due to an erroneous interpretation, the insurer did not make full and timely payment.

The Guptas were forced to shell out Rs 3.21 lakh from their Indian bank account in September 2011. Gupta was discharged on September 26, 2011, but could not leave Thailand as the disease was contagious and continued her treatment there as an outdoor patient. After returning to India in October 2011, she submitted her claim to the insurance company. Gupta sent a notice to the insurer on March 21, 2012, to settle the claim. However, in the absence of a response she filed the complaint.

The insurer was served a notice of the complaint but remained absent. The forum then proceeded ex parte. In the forum, Gupta produced a copy of the travel insurance. During the pendency of proceedings in the forum, she told the forum that the insurer had issued her a cheque for a part of the amount claim. However, she said that since the matter was sub judice, she had not encashed the cheque. The forum held that the insurer had not responded to the complaint and hence Gupta’s version remained unchallenged. The forum held it guilty of deficiency in service.

The full text of the decision is available at the following site:

http://164.100.72.12/ncdrcrep/judgement/21483131009162912639CC-12-127.pdf

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How to Fight Corruption Effectively … Sequel https://binoygupta.com/culture/how-to-fight-corruption-effictively-sequel-522/ https://binoygupta.com/culture/how-to-fight-corruption-effictively-sequel-522/#comments Sat, 03 Nov 2012 14:41:29 +0000 http://binoygupta.com/?p=522 Read more ›]]> Now an Income Tax Officer is arrested for taking bribe

Now, an Income Tax Officer is arrested in Thane for taking bribe .
The following news item gives the facts.
At one time, lady government officers were expected to be honest. But times have changed.
Undisputably, there cannot be any gender discrimination. It is therefore only natural that the malaise has spilled over to the fair sex.

News Item

Woman I-T officer caught accepting Rs 1.5 lakh bribe

Nitin Yeshwantrao, TNN Nov 2, 2012, 02.44AM IST

THANE: A woman income tax (I-T) officer was remanded in police custody till Saturday after being caught red-handed by CBI sleuths accepting a bribe from a Thane builder. Accused Madhavi Chavan was picked up from the Wagle Estate I-T office late on Wednesday after she accepted Rs 1.5 lakh from Sandeep Salvi, a partner in a construction firm which has projects in Chiplun and Roha in the Konkan region.

Salvi and his associate Rajabhau Patkar had complained to the anti-corruption wing of the CBI in Mumbai about the alleged harassment and cash demand made by Chavan. They claimed Chavan had contacted them in September and said her superiors had issued orders for scrutiny of their tax papers. Patkar claimed Chavan asked them to pay Rs 10 lakh to cancel the scrutiny orders.

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How to Fight Corruption Effictively https://binoygupta.com/culture/how-to-fight-corruption-effictively-518/ https://binoygupta.com/culture/how-to-fight-corruption-effictively-518/#comments Thu, 01 Nov 2012 15:59:12 +0000 http://binoygupta.com/?p=518 Read more ›]]> How to Fight Corruption

Corruption is big news today. A lot is being written and said about corruption.

Why is Bribery and Corruption Flourishing in India


Bribery and corruption (including similar activities in the private sector) are flourishing in India because the public is not only tolerating, but also encouraging, such activities.
People readily pay bribes to get work done….even if the work is totally illegal.
Parents seek prospective candidates for marriage with their children with an eye on the money they will make in future.
Worse, there is no stigma attached to illegal earnings.

How do you fight Bribery and Corruption

We already have several laws to fight all these……
We have a judiciary any democratic country can be proud of.
I personally believe that a new Lok Pal will only add one more layer of bureaucracy, a lot of expenditure, which we can hardly afford, and consequential corruption.

So how do we tackle the bribery and corruption?

  • First…don’t pay bribe.
  • Secondly, in case of government officials or public servants, file a complaint with the concerned Anti Corruption Department, and get the culprit arrested or caught red handed, while taking bribe.

Devrao Bawane, Deputy Commissioner of Sales Tax Jailed

For those who disbelieve in the efficacy of the existing laws, I am attached a news paper cutting of today to show how effective our laws are.

Devrao Bawane, Deputy Commissioner of Sales Tax and his inspector have been sentenced  to 5 years rigorous imprisonment for taking bribe of Rs. 1 lakh in 2009.
And what has not been mentioned is that they will also lose their retirement benefits.

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Anjali Damania https://binoygupta.com/current-issues/anjali-damania-513/ https://binoygupta.com/current-issues/anjali-damania-513/#comments Sat, 20 Oct 2012 16:59:43 +0000 http://binoygupta.com/?p=513 Read more ›]]>  

       

Anjali Damania….. a little bit of unanswered questions from people like me

I heard Anjali Damania, the activist, and a number of panelists, on TV yesterday. They left me in a dizzy.

The TV show has left me with some unanswered questions. Will someone answer them?
Anjali was frank enough to say that the she was not a doctor, but a pathologist…but her real occupation is not really relevant for the present.

Anjali – the Agriculturist

Anjali claimed she was an agriculturist because her grandfather was a farmer. Unfortunately, the law does not say so.
My grandfather may not have been an agriculturist, but his father, or grandfather, or someone higher up in the hierarchy, were probably agriculturists.
But that does not make me an agriculturist in Maharashtra.

She said something about purchasing agricultural land under some scheme for horticulturists. But no one pursued the matter, and she did not elaborate.

Everyone knows how difficult it is to purchase agricultural land in Maharashtra.
Even Amitabh Bachchan faced this problem.

Anjali mentioned owning 59 acres of agricultural land. You can see Anish & Anjali Damania’s Farm at Kashele, Karjat at the following site.
http://wikimapia.org/17132481/Anish-Anjali-Damania-s-Farm-at-Kashele-Karjat

I suppose this is her land…Please correct me if I am wrong. 

She further claimed she had purchased seven acres of agricultural land in 2007, got the land converted into non agricultural use and sold it in 2011 to private individuals.

According to media reports, Anjali used the land for a project for private villas created by a company in which she was a director; and till August 2011, out of the 39 plots created, 37 were sold.

Two farmers from whom Anjali purchased the land have now claimed that she had purchased the agricultural land claiming she would use them for agriculture.

Anjali has reportedly said, “I can produce all the required papers to prove that everything was done legally. If someone thinks this is wrong, the problem then actually lies with the government’s policy in changing the land-use from agricultural to non-agricultural. I am being targeted now because I raised my voice against a corrupt system.

What is expected from Anjali

Of course, Anjali has done nothing wrong. She did what any intelligent person would or should do. But for the fact, the movement she is spear heading is demanding transparency.  The reason is that transparency alone leads to honesty.
In her own case,

  • Anjali has not published her assets.
  • Anjali has not explained how she became an agriculturist.
  •  Anjali did not answer questions about the selling price of her land.
  • Anjali has not disclosed her interest in different companies.

Anjali simply said that she had filed her income tax returns and was ready to face any enquiry and all the usual rubbish.

The facts clearly show that what she was doing was dabbling with real estate business. But all rich and powerful people in Maharashtra and other places make money through real estate business.

Transparency

The leaders of such movements should not only be clean, they should be a shade higher in terms of transparency.
But in her own case, Anjali has forgotten all about transparency. Damania (left) with Kejriwal during the recent press conference held in Delhi. PTI

State Government’s stand and the BJP

The state government has said that they found that Anjali and her partners who held the land were not farmers by livelihood and therefore confiscated the land.

The BJP has also released a letter which Damania wrote to authorities in 2011 asking them to consider the change in the alignment of a dam that would submerge her property and requested that the alignment of the Kondhane dam be shifted so that her property was not submerged due to it.

Pointing out that her entire life savings were used for the land, Anjali had written that if the dam were to be shifted by 700 metres only, tribals would be hit by the project and they would be adequately compensated, unlike her. So much for the good of the common man.

My advice to Anjali and others

Anjali, and all persons im her situation, should put list of assets, all the papers, documents and full details of controversial issues in the public domain…for any and every one to see and scrutinise.
If you cannot do so, simply quit the movement.

 

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Consumer Forums and Right to Information Act https://binoygupta.com/current-issues/consumer-forums-and-right-to-information-act-498/ https://binoygupta.com/current-issues/consumer-forums-and-right-to-information-act-498/#comments Sun, 30 Sep 2012 14:16:56 +0000 http://binoygupta.com/?p=498 Read more ›]]> Judicial Injustice …should be immediately corrected

National Consumer Disputes Redressal Commission’s view

There are a number of decisions of different Consumer Forums, that an aggrieved applicant, who has paid the prescribed fees for obtaining information under the provisions of the Right to Information Act, is a consumer.

This view was upheld by the National Consumer Disputes Redressal Commission, New Delhi in

REVISION  PETITION No. 1975 OF 2005

(Against the order dated 1.10.05 in Appeal No.244/04 of the State Commission, Karnataka)

                  Dr. S.P. Thirumala Rao

                               Vs.

                 Municipal Commissioner
                 Mysore City Municipal Corporation

No appeal was preferred against this order.  Therefore, this decision remains final and binding, on all the consumer forums in the country.                           

You can see the full decision at the following site:

http://164.100.72.12/ncdrcrep/judgement/00RP197505.html

 National Consumer Disputes Redressal Commission does not follow its own order

The National Consumer Disputes Redressal Commission had occasion to consider the same issue again in the following case:

Revision Petition  No. RP/4061/2010

                  T. PUNDALIKA
                            vs.

                   REVENUE DEPARTMENT (SERVICE DIVISION),
                   GOVERNMENT OF KARNATAKA

The National Consumer Disputes Redressal Commission dismissed the petition by its order dated 13.03.2012. The order is reproduced below:

“ Petitioner had sent a letter on 10.1.2001 to the effect that he is not physically fit to appear before this Commission and also not in a position to engage an advocate due to financial difficulties.  Prayer was made to dispose of the Revision Petition on the basis of the decision of this Commission in Dr. S.P. Thirumala Rao vs. Municipal Commission, Mysore – R.P. No.1975/2005 decided on 28.5.2009.  We appointed Mr.R.K. Dikshit, Advocate as amicus curiae to appear in this case on behalf of the petitioner.

Petitioner, in order to sort out the controversy with respect to his pensionary benefits, filed an application under Right to Information Act, 2005 (hereinafter referred to as ‘the RTI Act, 2005’) in the office of Opposite party No.4.  Opposite party No. 4 failed to provide the information.  Petitioner then filed the complaint before the District Forum, which was allowed and a direction was issued to opposite party No.4 to furnish the required information.

Respondent, being aggrieved, filed an appeal before the State Commission, which has been allowed by observing thus :

“At the outset it is not in dispute that complainant had filed an application u/s 6 & 7 of the Right to Information Act to the OP No.4.  But complainant cannot be considered as a consumer as defined under the C.P. Act since there is a remedy available for the complainant to approach the appellate authority u/s 19 of the RTI Act, 2005.”

 We agree with the view taken by the fora below.  Petitioner cannot be claimed to be a consumer under the Consumer Protection Act.  There is a remedy available for him to approach the Appellate Authority under Section 19 of the RTI Act, 2005.  Dismissed. “

 This is judicially a very bad order. It has referred to the decision in  Dr. S.P. Thirumala Rao vs. Municipal Commission, Mysore – R.P. No.1975/2005 …..but has not given a single reason why it is not following that decision. This is bad jurisprudence.

I suppose the Supreme Court of India itself should cancel this order dated 13.03.2012 and direct the National Commission to decide the issue afresh.

Karnataka State Consumer Redressal Commission

Toeing the error committed by the National Consumer Disputes Redressal Commission, the Karnataka State Consumer Redressal Commission has forgotten its high status and gone one step further in committing judicial impropriety.

In brief, J S Virupakshaiah, Karnataka Information Commissioner, passed an order dated July 17, 2012 on a petition, K Venugopal vs Tahsildar and PIO, Bellary Taluk, Bellary district (KIC 12026 PTN 2011).

In this order, he has directed the Information Commission’s under secretary as follows :
A copy of this order may be sent to the Chairman, Karnataka Consumers Redressal Forum, Basava Bhavan, Palace Road, Bangalore, with a request to direct all the Consumers Forums in the state not to entertain Appeals/Complaints filed under the RTI Act.”

Instead of taking objection to this kind of letter, and acting against all the norms of judicial independence, the Registrar, Karnataka State Consumer Dispute Redressal Commission (KSCDRC), Bangalore, (presumably under the orders of his Chairman) has sent a circular on August 29, 2012 to all the District Forums in the State not to entertain any complaints or appeals against public information officers (PIOs) under the Right to Information (RTI) Act.
Naturally, almost all the District Forums will obey this written, but illegal, order.

Request

I suppose the Supreme Court of India should rectify these glaring errors and should suo moto cancel the order of the National Consumer Disputes Redressal Commission dated 13.03.2012 in Case No. RP/4061/2010 and direct it to decide the issue afresh.

The Chairman, Karnataka State Consumer Redressal Commission should immediately recall his bad and illegal Circular dated August 29, 2012 to all the District Forums in the state and let them function in accordance with law.

Mistakes can and do occur. But they should be immediately corrected…….
This will only enhance the faith of the common man in the higher judiciary .

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General V K Singh – Date of Birth https://binoygupta.com/legal-dilemma/general-v-k-singh-date-of-birth-472/ https://binoygupta.com/legal-dilemma/general-v-k-singh-date-of-birth-472/#comments Wed, 18 Jan 2012 15:59:00 +0000 http://binoygupta.com/?p=472 Read more ›]]> Some one forwarded me a e-mail……I have reproduced it down below.
I do not know whether it is authentic or fake.
A google search on ABHIJIT+BHATTACHARYYA did not throw up any result.
But the issues are not as simple as made out by the so called author.

The author has written:
There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

But the author, claiming to be a Supreme Court Advocate, has not given any details of the decision – citations as they are legally termed. There have many cases involving the date of birth of Government officials at various levels.
To start with the rules relating to age dispute and a few decisions are clear.

But it would be wrong to say that the Supreme Court has ruled that  the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).  Presuming that there is such a decision, I would have to go through the Supreme Court decision and the context in which the Court made the observations.

I do not know the full facts of V K Singh’s case. Therefore, at this stage, I would not like to make any comments.

The matter is coming up before the Supreme Court this week itself and all the relevant facts would be placed before the Court by the General and by the Government of India. Then I will write again.
But at the present, I can only say that the Supreme Court does not normally directly entertain such disputes. The High Court and other courts are there to start with.

I am giving the Generals profile collected from the internet.

General V K Singh’s profile

V K Singh | Facebook
http://www.facebook.com/pages/V-K-Singh/112951392052154 – Cached

V K Singh | Facebook. From Wikipedia, the free encyclopedia. General Vijay Kumar Singh PVSM, AVSM, YSM, ADC (born 10 May 1950) is the 26th General of
http://www.facebook.com/pages/V-K-Singh/112951392052154
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Description

From Wikipedia, the free encyclopedia

General Vijay Kumar Singh PVSM, AVSM, YSM, ADC is the 26th General of the Indian Army and currently the Chief of Army Staff.

Early life and education

Vijay Kumar Singh comes from Bapora village in Bhiwani district of Haryana state. Singh is a third-generation officer. His father was a Colonel in the Indian Army and grandfather a senior Junior Commissioned Officer (JCO). Singh was educted at Birla Public School, Pilani, Rajasthan.

Military career

Singh was commissioned into the 2nd Battalion of The Rajput Regiment (Kali Chindi) on 14 June 1970. He went on to command the same unit when it was positioned along the Line of Control with Pakistan.

He graduated from the Defence Services Staff College as a honours graduate of the United States Army Infantry School, a graduate of the Rangers Course at Fort Benning and the United States Army War College in Carlisle, Pennsylvania. In the US for the Rangers course, he came first in combat operations.

Note : The date of birth given here is 10 May 1950

 

The following is the full text of the e-mail

 

WITH BEST COMPLIMENTS FROM ABHIJIT BHATTACHARYYA ADVOCATE SUPREME COURT OF INDIA. THISHAS BEEN RECEIVED FROM A FRIEND OF MINE. MAY LIKE TO SEE AND KNOW THE TRUTH. SATYAMEVE JAYATE

By Jay Bhattacharjee
18 January 2012

THE PRESENT GOI PURSUES ITS CRIMINAL AGENDA OF

DESTROYING THE INDIAN ARMED FORCES

LET US WISH GEN. V.K. SINGH ALL THE BEST IN HIS STRUGGLE

TO COMBAT THIS VENAL ORGANISATION (THE PRESENT GOVT. OF INDIA)

______________________________________________________________________

I suppose the entire affair had to come to this stage. The soldiers’ soldier, V.K. Singh, has been compelled to knock at the doors of the apex court, to defend his honour and integrity and to combat the slurs cast on him  by a vicious gang of babus and netas.

At this stage, it is vital to analyse the issues that are involved in this sordid conspiracy.

Let us look at the undisputed facts :

(1) The COAS, Gen. V.K. Singh (VKS) has at least 11 documents to demonstrate unequivocally that his date of birth  (DOB) is 10th May 1951, not 10th May 1950

(2) The AG’s Branch in the Indian Army is the accepted and unquestioned authority for all documents, records etc. pertaining  to Army personnel. The records of the AG cannot be queried. It is not disputed that the AG’s files show the DOB of VKS as 10th May 1951.

(3) The only document that shows 1950 as the DOB of VKS is that in the Military Secretary’s Office. Now, the MS only determines promotions etc. – in the case of VKS, the DOB data in the MS office is based on the NDA application form that was filled up by the schoolmaster of VKS when he was applying for his NDA admission test.

How many of us at the age of 14 to 15 in the early 1960s to mid 1960s relied on our seniors (whether in the family or in our schools) to help us in completing the admission forms for NDA / university / IIT etc. ? Almost all of us, I can guarantee.

(4) The COAS duly submitted his birth certificate and school certificate to the NDA authorities, showing his 1951 DOB. His entire career in the Army was based on his 1951 DOB until 2006 (see later), when his elevation to Lt. Gen. was under consideration (see later).

He valiantly fought for the country and loyally served the country without ever knowing that there was this anomaly in his DOB records.

(5) Only in 2006, did the anomaly in the records surface. VKS promptly asked for the two conflicting DOBs to be reconciled on the basis of the correct facts (recorded in the AG’s files).

Let it be said categorically that VKS is not asking for / has not asked for his DOB to be changed, as is being made out by some of the muck – raking media. He is only asking for the correct DOB (as per law) to be recorded. There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

This is when the fun and games started. The babus got into the act and the charade commenced, only to reach the stage of the Chief’s Supreme Court petition yesterday.

The denouement is, of course, yet to come, but, in the process, the country and its armed forces have been thrown into this cauldron by the calculated acts of commission and omission by a coterie of dishonest, anti-national and unpatriotic people in Raisina Hill.

Who are the principal actors in this potential Greek tragedy ?

(A) The two former Chiefs of Army Staff JJ Singh and Deepak Kapoor occupy centre stage in this Machiavellian plot. Both of them have highly questionable career records and have served their own interests rather than those of the country and the Army.

Singh was rewarded with a Governorship because of his pliancy when he was Chief. In the case of Kapoor, the disclosure of his venal involvement in the Adarsh affair surely put paid to his post-retirement ambitions but he had already damaged the Army considerably before his Adarsh peccadilloes. JJ Singh, notoriously, was photographed crying in public after his appointment to the COAS was announced. Hardly a Chief who inspired confidence in his officers and men.

These are the two “stalwarts” who bullied, blackmailed and cajoled VKS not to contest his DOB when VKS was being considered for elevation to the post of Army Commander.

Then there is the Attorney General Vahanvati, a squalid little lawyer, who had a murky track record of representing crooks and criminals in the 2G affair and in other matters. This fellow had the audacity to override the written opinions of 4 former CJI’s on the basic validity of the DOB of VKS. And, there is,of course, the wretched Khurshid fellow – the chap can only act as his nature dictates.

The 4 former Chief Justices of India have all said that the DOB of VKS, in the eyes of the law and based on the facts of the case, is 10th May 1951.

However, Vahanvati mian, throws out all law and jurisprudence and gives a notoriously outlandish opinion that the DOB of VKS must stay as 10th May 1950, because, otherwise, the “line of succession” already decided for the next COAS would be affected.

This perverted view is, of course, promptly accepted by Anthony lungiwallah, Salman Khurshid (the low-life Minority-quota wallah), Chiddu Spectrumambaram, and the other assorted deviants in the current GOI’s centre of power. The ever-complicit PM is equally involved, though, later on, the slippery eel will claim he didn’t know what was going on.

Now, what is this gibberish “line of succession” that Mian Vahanvati is talking about ? The Indian Army is not a tinpot monarchy that has these orders of precedence laid out for the top position. Any Army Commander or equivalent, is eligible for appointment as COAS. Certainly, the senior-most, among them,  has been the usual choice, but this seniority is on the basis of a valid DOB scenario for everybody.

Vahanvati cannot say (and must not be allowed to say) that a wrong record of DOB of a current chief must determine the “line of succession”. And that, too, a “Line of Succession”  that was allegedly prescribed in 2006 and in 2008 by two unworthy Army Chiefs ?

This bizarre nonsense must be strongly challenged and refuted.

Now, I am constrained to mention the unmentionable. The logical conclusion of Vahanvati Mian’s and Khurshid’s contortions is that VKS will be succeeded as COAS by Lt. Gen. Bikram Singh, presently heading the  Eastern Command in Kolkata.  Now, why is this development ominous ?

Bikram Singh, indisputably, has a Pakistani daughter-in-law. Why is that a red flag ? Either the PMO, MOD, and the babus – netas in Raisina Hill are dreaming in colour or they are subscribers to the flat-earth theory. Surely, the India – Pakistan interface is not like the U.S. –  Canada scenario. This is not to cast aspersions on the poor lady in question, but to realise that we all live in a real world environment where we cannot take risks with the nation’s security at the highest level. This is not a stage or a platform where we can adopt a posture best described as utopian. Some would say “ostrich like”.

In the past, this country’s leaders like Nehru have taken great risks with our security by adopting this blinkered, naive approach. In the late 1950s and the early 60s, we had a very senior Foreign Service mandarin whose own brother was in the Pakistani foreign service in an equally senior position. For some time, the two brothers were Chiefs of Protocol in India and Pakistan. No one is saying that the IFS mandarin was unpatriotic, but there were grave risks involved – the situation was a recipe for disaster because of the possibility of totally involuntary mistakes.

A similar risk scenario in the late 1950s was when Humayun Kabir (for some time, a Minister in the Union Cabinet) had a first cousin  who the chief of police in East Pakistan.

In the present context, we have to be even more cautious. Therefore, alarm bells must ring when people like Vahanvati and Khursheed, aided and abetted by Antony lungiwallah, Chiddu Chidambaram and MMS, are batting for a person who has an Achilles Heel, admittedly not of his own making.

This is a slightly long piece but I strongly feel that is my duty to pen my thoughts.

Let us hope the Supreme Court gives justice to the brave General.

In the meantime, I can only wish him courage and fortitude,  and offer him my unflinching support. My fellow citizens will do the same, I know.

Jai Hind.

Jay Bhattacharjee

PERICLES : FUNERAL ORATION (431 BC)

“The greatness of Athens has been acquired by men who knew their duty and had the courage to do it, who, in the hour of conflict, had the fear of dishonour always present in them, who, if ever they failed in an enterprise, would not allow their virtues to be lost to their country, but freely gave their lives to her as the fairest offering which they could present at her feet”.

P.S. These noble thoughts, I know, will be totally alien to the despicable bunch of reprobates in Raisina Hill.

Binoy Gupta

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Butterfly Parks of India https://binoygupta.com/nature/butterfly-parks-of-india-461/ https://binoygupta.com/nature/butterfly-parks-of-india-461/#comments Wed, 04 Jan 2012 23:34:44 +0000 http://binoygupta.com/?p=461 Read more ›]]> Butterfly Parks of  India  

Butterflies are so beautiful that I find it difficult to refer to them as insects, but they are insects.

They are attractive and graceful. Vivid and multi coloured – representing nature’s canvas at its finest. The restless butterflies make a fascinating sight flittering around in gardens and parks, hovering over plants, landing on the flowers for a few sips of nectar, before taking off.
Metamorphosis – one of most remarkable phenomenon of nature 

Metamorphosis – the transformation from egg to larva, larva to cocoon, from which emerges a beautiful butterfly – is one of most remarkable phenomenon of nature.

Metamorphosis involves four stages:

  • Egg: The female butterfly lays eggs on the underside of specific plants so that when caterpillars later emerge from the eggs, they can immediately get food from the plant leaves.
  • Larva: Also called caterpillar, emerge from the eggs after a few days. The caterpillar is a eating machine and spends most of its time eating.
  • Pupa: When the caterpillar has finished growing, it stops eating and forms a protective shield called Pupa. Most of the magical transformation into a butterfly takes place inside the Pupa.
  • Butterfly: The pupa undergoes transformation and the caterpillar metamorphoses into a butterfly which emerges from the pupa.

The adult butterfly later mates and lays eggs on plants and the cycle starts all over again.
You can see the video of a butterfly metamorphosis at any of the following sites:

http://vimeo.com/7203408
http://lifecycle.onenessbecomesus.com/

Butterfly Facts

  • There are 1,500,000 insect species in the world.
  • Of these, 200,000 species are of Lepidoptera (the group to which moths and butterflies belong).
  • 17, 050 of these species are butterflies and the rest are moths!
  • Of the17, 050 species world wide, India has 1501 species of butterflies
  • The life cycle of a butterfly is extremely short – mere 30 to 40 days.
     

Butterfly Parks

All over the world, butterflies have suffered extensive damage due to habitat destruction – urbanisation, felling of trees, construction, etc.
In many areas, they have been almost exterminated.

Butterfly parks have been set up in several countries ….to conserve them, to breed them, to allow visitors to see them and to conduct research.
There are quite a few well maintained butterfly parks in different countries of south-east Asia which display quite a large selection of different species.
But unknown to most of us, there are a few good butterfly parks in India, too.

India’s First Butterfly Park – Butterfly Park, Bangalore

India’s first Butterfly Park was opened on November 25, 2006 in Bangalore to promote butterfly ecotourism.

The Butterfly Park, near the Bannerghatta Zoo, cost Rs 50 millions and covers an area of over 7.5 acres.

The centre of attraction is the 10,000 sq. feet circular Conservatory with polycarbonate roof which has on display more than 20 species of butterflies.

The next dome houses a museum. Here you learn about the 4 stages of lifecycle of the butterfly – the egg, larva or caterpillar, pupa or chrysalis, and the adult.
You learn about different species of butterflies – from the smallest Eastern Pygmy Blue, Brephidium isophthalma with a wingspan of about 5/8 of an inch to large Bird-Wing butterflies from New Guinea, with wingspans of up to 12 inches.

The third and last dome is a theatre where you can watch a 20 minute movie about butterflies. Besides giving information about butterflies, the movie focuses on conservation. The movie explains how the fate of man and butterflies are interlinked and conservation of the environment is in our mutual interest.

The Butterfly Park also has an artificial waterfall. It is quite well maintained and has become a popular week end attraction amongst localites.

India’s Second Butterfly Park – Butterfly Park, Shimla

 

 

India’s second Butterfly Park was established at Shimla in Himachal Pradesh. It cost Rs. 60 millions and spreads over an area of 10 acres.

Himachal Pradesh has more than 300 species of butterflies. The Zoological Survey of India (ZSI) found 14 species of butterflies in the cold deserts of Lahaul and Spiti district.

The Butterfly Park which includes a conservatory, a museum and a nature park has a larger collection of butterflies.

Butterfly Park in Pune

 

The Butterfly Park in Pune was inaugurated by actress Dimple Kapadia on Women’s Day – March 8, 2011.

The Pune Municipal Corporation funded the park with Rs. 50 million. The Park covers an area of two acres. The project has transformed a dirty drain into a beautiful park.

The Butterfly Park has about 80 species of butterflies. It also has a rock garden, waterfalls and a jogging track.

Butterfly Park in Chandigarh

The Environment Society of India inaugurated a Butterfly Park at the Commonwealth Youth Programme Asia Centre in Sector 26 of Chandigarh on Biodiversity Day – 23 May 2011.

The Park costing Rs. 70 lakh covers an area of 7.5 acres.

India’s first Open-air Butterfly Park in Sikkim

India’s first Open-air Butterfly Park was established at Rangrang, Sikkim. It cost Rs. 60 millions and extends over an area of 14 acres

Some nature lovers have started their own private Butterfly Parks.

Butterfly Conservatory of Goa, Rajnagar, Pisgal – Priol, Ponda, Goa.

The Butterfly Conservatory of Goa. situated in Ponda , the Spice and temple town is quite good

This private Butterfly Park is spread over 4000 square metres.  A few common people, without too much money and resources, got together and have converted the place, which was once barren and without any natural source of water, into a beautiful park with streams, endemic plants and a lot of butterflies. If you go to Goa, you must visit this Butterfly Park.

http://www.bcogoa.org/

 Ovalekar Butterfly Farm at Wadi, Thane

Closer to Mumbai, Rajendra Ovalekar, started a Butterfly Park on his own 2 acres of land at Ovalekar Wadi, off Ghodbunder Road, in Thane (near Mumbai).

This small place has about 100 different species of butterflies. And Ovalekar personally escorts you around the place and explains to you all about butterflies.
Very few people in Mumbai even know about this Butterfly Park.

http://www.wikimapia.org/14420146/Butterfly-Farm

Protecting our Butterflies

A total of 450 species of butterflies have been given protection under The Wildlife (Protection) Act, 1972;
128 species under  Schedule-I,

303 species under Schedule- II and

19 species under Schedules- IV.
Butterflies have also been given protection under the Biodiversity Act of 2002.
 

Commercial Butterfly farming

Commercial Butterfly Farming has been adopted as a viable occupation in several countries. In India, too, Butterfly Farming can help the rural people play an active role in the conservation of butterflies as well as help them earn some good money.

Bombay Natural History Society in Mumbai

The Bombay Natural History Society, founded on 15 September 1883, is one of the largest non-governmental organizations in India engaged in conservation and biodiversity research.

It is also doing a lot of work in relation to butterflies. Its museum has a huge collection of 25,000 butterflies collected over the years. It conducts regular programmes like Breakfast with Butterflies and Butterfly watch camps allowing any one to see and learn about butterflies.
It also conducts distance learning courses in Basic Entomology.

Butterfly Migration

 

Many animals, birds and other animals migrate….sometimes over long distances. Butterflies also migrate.

A few, like the Monarch Butterfly, migrate long distances. There are no other insects in the world that migrate twice each year for close to 3,000 miles.

But the there is one difference between the migration of butterflies and the other animals. The butterflies who migrate, because of their short life spans, do not live to return to the originating place.
They perish. Only their off springs return. What guides the off springs to the same locations?
Well, this is one of Nature’s unsolved riddles.

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Corruption, Arrest & thereafter https://binoygupta.com/bombay-high-court/corruption-arrest-and-what-thereafter-441/ https://binoygupta.com/bombay-high-court/corruption-arrest-and-what-thereafter-441/#comments Tue, 08 Nov 2011 16:30:39 +0000 http://binoygupta.com/?p=441 Read more ›]]> Top postal officer, arrested for taking Rs. 2 – cr bribe, back with plum posting  – Former Chief Postmaster General of Maharashtra reinstated

November 8, 2011 – I came across the above headlines in the Mumbai Mirror today. After having served the Government of India for four decades, and observing how it, or rather those who subvert the entire system function, I was not surprised.

A high ranking officer, allegedly caught taking a bribe of Rs. 2 crores is back in his post after a 18 month deemed suspension. What is surprising is why and how ?

The same tabloid contains a news item that a bus conductor sacked for Rs. 119 gets his job back after 11 years. The charge against him was there was shortage of Rs. 119 in his cash. 

 The Facts

Back to our hero, Mahendra Singh Bali (59), a 1978-batch Indian Postal Service officer, then Chief Postmaster General of Maharashtra, was arrested by the Central Bureau of Investigation (CBI) on February 25, 2010. for allegedly taking a bribe of Rs 2 crores from a builder.

The CBI  took the action on the basis of complaint by Rita Shah, a former Mira-Bhayander corporator. According to the complaint, Bali had asked for the bribe to issue a No Objection Certificate for developing a 2,000-sq-mt plot in Mira Road, part of which was reserved for a post office.

According to reports, after Bali’s arrest last year, the CBI carried out searches of his office and residence in south Mumbai,  and found 34 lakh in Indian rupees, and foreign currency – $10,722, £3,050, 3,470 Euro – from four briefcases.
The CBI also seized laptops, and 45 bottles of imported liquor.

Further enquiries revealed that Bali owned several properties in Faridabad, Panchkula, Dwarka, Bhopal and Gurgaon. The CBI found that he had 22 bank accounts with a total balance of Rs 26 lakhs. The collective value of the properties is still to be evaluated.

Central Administrative Tribunal

Bali challenged his suspension before the Central Administrative Tribunal (CAT), Mumbai which ordered his reinstatement last week. On November 4, 2011, Bali  was reinstated as the Chief Postmaster General of West Bengal.

The reinstatement was ordered on a technical ground  –  violation of the central civil service rules. “This was a case of deemed suspension. In such cases, the suspension has to be reviewed in 90 days, and as this was not done, the initial order was rendered invalid before the law,”

The issue is not about Bali. Even though Bali is reinstated, proceedings and prosecution will continue.

What should be done

It is for the government, for the CBI and the CVC to find out who are the officers who did not follow the central civil service rules, who did not review the suspension in accordance with the law, and allowed the central administrative tribunal to pass the order it did.

Some one should find this out and take action against the concerned officers.
Otherwise, this sort of aberrations will continue….the guilty will continue to be back in their posts……….

Any one has any better suggestions ?

November 9, 2011

Someone in Delhi has read the news and the result….
Bali has again been suspended yesterday.

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Sanjiv Bhatt, Police and Politics https://binoygupta.com/current-issues/sanjiv-bhatt-police-and-politics-425/ https://binoygupta.com/current-issues/sanjiv-bhatt-police-and-politics-425/#comments Sun, 14 Aug 2011 03:17:14 +0000 http://binoygupta.com/?p=425 Read more ›]]>

Sanjiv Bhatt, Police and Politics.

I have just seen the following article on a popular website.
It is most distressing and dangerous.

IPS officer Sanjiv R. Bhatt suspended

Posted by: “Anjlee Pandya”
anjleepandya@gmail.com
Fri Aug 12, 2011 10:54 pm (PDT)

———- Forwarded message ———-
From: votebank politics <votebankpolitics@gmail.com>
Date: Fri, Aug 12, 2011 at 6:11 PM
Subject: Mischievous and in-disciplined Gujarat cadre IPS officer Shri Bhatt
put under suspension
To:

Mischievous and in-disciplined Gujarat cadre
IPS officer Shri Bhatt put under suspension

*1. Shri Sanjiv R. Bhatt *is an IPS officer of 1988 batch belonging to
Gujarat cadre, whose career since the beginning of his service has remained controversial. Because of his numerous acts of omissions, commissions, controversial actions and behaviour, he* has mostly remained in the sidelined posts. He is facing several department proceedings and criminal cases of serious nature. Even he has not been promoted as IGP though* his batch mates have been promoted long back.

2. At present he is in DIG rank and posted as Principal, SRP Training
Centre, Chawki, Sorath, Junagadh since 1st September, 2010. There are 340 Armed Police Recruits, who have been recruited with many efforts, are under training and passing through a crucial phase of their induction into the
State Police force. Yet Shri Bhatt didn’t find it fit enough to do his
duties at Junagadh.

3. Shri S. R. Bhatt, applied for ‘Half Pay Leave’ from 14.2.2011 to 8.4.2011
vide his application dated 9.2.2011. The DGP, Gujarat State informed him
vide fax message dated 12.2.2011 that leave as applied for by him was not
granted and, hence he should not proceed on leave. Ignoring the orders of
his DGP, Shri S. R. Bhatt informed the DGP, Gujarat State on 12.2.2011 that he has proceeded on sick leave from 11.2.2011 (after office hours) for 30 days enclosing a medical certificate certifying the illness of his mother.

4. The DGP, Gujarat State vide his letter dated 13.2.2011 informed Shri S.
R. Bhatt that appropriate decision on his leave application would be taken
after compliance of the certain points. Shri S. R. Bhatt again requested for
sick leave for 30 days along with contact details directly to the DGP office
on 13.2.2011. Despite *specific instructions from DGP, Gujarat State asking
him not to proceed on leave,* Shri S. R. Bhatt ignored such instructions and
remained unauthorizedly absent from duty from 12.2.2011 to till date. In the
interim, Shri S. R. Bhatt sent requests for extension of leave from time to
time but the DGP refused leave/ extension of leave on all such occasions and asked Shri S. R. Bhatt to report for duty. But Shri S. R. Bhatt ignored all
such instructions and orders from DGP, Gujarat State and remained/ continues to remain unauthorizedly absent from duty. *He has not resumed duties yet though more than 10 months has passed since he has been posted.* He has been making lame claims about his appearance before SIT and the Inquiry Commission, which any officer can do as a part of duty from any posting. Leave for such a long period is not a privilege and* no one can claim such privilege as a ‘matter of right’. *

5. Shri S. R. Bhatt’s *unauthorized absence from duty is a very serious kind
of misconduct*, not befitting a senior member of the IPS. The gravity of the
unauthorized absence from duty of Shri S. R. Bhatt becomes more serious for the reason that he is Principal of SRP Training Centre, Chawki, Sorath,
District Junagadh, where *new recruits are being trained and transformed in
a well-disciplined members of the police force; *by committing such
misconduct, Shri S. R. Bhatt *has set a very bad example of indiscipline and
insubordination before the new recruits.*

6. He was relieved of the additional charge of the post of DIG, Gram Rakshak Dal (GRD) vide Home Department’s Order dated 30.10.2010. Shri S. R. Bhatt was also instructed vide Order dated 30.10.2010 not to leave his official headquarter (SRP Training Centre, Chawki, Sorath, Junagadh) without prior permission of the DGP, Gujarat State. Despite this, Shri S. R. Bhatt left the headquarter without permission of DGP, Gujarat State and remained at his residence at Ahmedabad.

7. Without obtaining any permission from the Addl. DGP (Training), Shri S.
R. Bhatt performed his administrative duty from his residence at Ahmedabad and thereby indulged in the conduct unbecoming of a member of the IPS.

8. During 1.11.2010 to 20.12.2010, *he took the services of 30 employees of
SRP Training School as gunman and runner duty unauthorizedly at his
Ahmedabad residence,* which resulted in unnecessary financial burden of
salary and TA/ DA on Government exchequer. *During the unauthorized absence from duty, Shri S. R. Bhatt used Government vehicle with a driver from 12.2.2011 to 29.4.2011 at his residence at Ahmedabad i.e. outside his
official headquarter, for his personal work,* creating unnecessary financial
burden on State exchequer, in violation of Para-458(4) of the Gujarat Police
Manual Part-III.

9. Shri S. R. Bhatt *did not submit his E-Statements for the months of
September, October and November, 2010* to his higher authority in violation of Para-248 of the Gujarat Police Manual Part-III. *Shri S. R. Bhatt made a misleading entry in the Movement Diary on 10.11.2010 and 15.11.2010 showing his presence at the SRP Training Centre, Chawki, Sorath, Junagadh. *

10. From the Log Book and the statements of his driver, Vice Principal and
other staff of the SRP Training Centre, Chawki, Sorath, Junagadh, Shri S. R.
Bhatt was not present at the SRP Training Centre, Sorath, Junagadh on
10.11.2010 and 15.11.2010. *He created a false record of his presence at the SRP Training Centre, Chawki, Sorath, Junagadh*, which is a very serious matter amounting to lack of integrity and lack of devotion to duty.

11. Despite *his unauthorized stay at Ahmedabad, Shri S. R. Bhatt, in his
Movement Diary, mentioned that he remained at Ahmedabad from 1.11.2010 to 18.11.2010 for preparation of marathon. Participation in and preparation for marathon is not an official duty.* *He was not assigned any such duty for this event,* meaning thereby that Shri S. R. Bhatt, for his personal work, stayed at Ahmedabad and remained unauthorizedly absent from duty at the headquarter.

*12. Shri S. R. Bhatt did not write the Log Book for the Government vehicle
No.GJ 18-G.2361 for quite some time, in violation of Government instructions * in this regard as also in violation of of Para 499 (2) of the Gujarat Police Manual Part III. A Preliminary Inquiry was initiated against Shri S. R. Bhatt, for his unauthorized absence from the headquarter (Chawki, Sorath,Junagadh).

*13. Despite repeated instructions given on 22.12.2010, 23.12.2010,
28.12.2010, 8.2.2011, 11.2.2011, 13.2.2011, 14.2.2011, 7.3.2011, 21.3.2011and 22.3.2011 to remain present before the Preliminary Inquiry Officer* *(Shri Vinod Mall, IPS), he (Shri S. R. Bhatt) ignored the notices and did not remain present before the Preliminary Inquiry Officer.* After giving
sufficient opportunity to Shri Bhatt and after conducting inquiry by a
senior officer like Shri V. K. Mall, a report was submitted to the DGP,
Gujarat State.

*14. During his tenure in the Gram Rakshak Dal, he (Shri S. R. Bhatt) used
five Government vehicles unauthorizedly. Even after getting relieved from
the charge of the post under the Gram Rakshak Dal on 30.10.2010, he
continued to retain one vehicle of Gram Rakshak Dal (Ambassador Car
No.GJ.3-G-341) with him unauthorizedly. *

*15. He took away two laptops, one multi-media projector, one computer, one cell-phone with SIM-card, two digital video cameras and one lawn mower from the office of the Gram Rakshak Dal to his residence, *which were not returned till the Preliminary Inquiry started on 1.5.2011.

16. Looking into the inquiry report and the continuous disobedience by Shri
Sanjiv Bhatt is a serious misconduct and under AIS Conduct & Discipline
Rules, it attracts a major penalty. In this circumstance and having regard
to the above-mentioned several serious acts of commission and omission and conduct unbecoming of a senior member of the IPS, after careful
consideration, *Shri S. R. Bhatt, IPS has been placed under suspension* on
8/8/2011, in exercise of the powers conferred by Rule 3(1) of the All India
Service (Discipline & Appeals) Rules, 1969.

I have never met Sanjiv Bhatt.
In terms of service, he is junior to me by 20 years. I was offered the Indian Police Service, but I joined the Indian Revenue Service for the simple reason my mother did not like the idea of my joining the police force.
But Sanjiv Bhatt’s conduct is hardly something which can be justified by any one – either morally or legally.

Members of the All India Services – the IAS and the IPS are a privileged lot. They are appointed by the Central Government and allotted to a particular state. They draw their salaries and allowances from that state. Even though they enjoy certain safeguards against dismissal, etc., they are under the day to day administrative control of the concerned state.

Of late, IPS officers like Sanjiv Bhatt have been mixing up politics with their official duties, hogging the media and making all kinds of allegations.

Serving officers should not address the media unless the conduct rules permit them to do so. Of course, they can and should approach the High Courts and Supreme Court, wherever necessary.

The several allegations in the above paragraphs against Sanjiv Bhatt are prima facie sufficient to justify disciplinary against him. He must remember that if he himself is thoroughly indisciplined, how can he expect, demand and get unsquinted obedience from his subordinates.
They will behave in the same irresponsible manner and the system would collapse.
And if the allegations are correct, no court can support his stand.

First, before fighting against the State, Sanjiv Bhatt or any other officer himself should be clean in all respects.
Otherwise, he will end up a hapless loser the same way as Baba Ramdev.

Sanjiv Bhatt, you are treading on dangerous turf.
You will end up a sad loser.
And in the end, it will be your wife and children who will suffer.

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