Sunday, August 31, 2008
till then enjoy reading my previous articles ....and comments on it ....
Bye take care ...
Friday, August 29, 2008
There are some people in the world, who thinks that Islam is the only religion who teaches terrorism and aggressiveness for others. But this is very wrong perception among the peoples; they can’t blame the whole community just because of the few peoples who indulge in terrorism.
Recently there was a case, where ten employees of call center raped a girl in the van of a call center, all of them are Hindus. So, should I blame the Hindu religion for this? May be, I can, but I will never say this because I know none of the religions teach this. It is not a mistake of religion; it is a mistake of person. Those people, who do these activities, have no religion.
As I have already mention in my first article on jihad and terrorism, that there is no place of terrorism in Islam. Those Muslims, who indulge in terrorists activities, are Muslims by names only.
So please, I have a say for all, don’t blame Islam just because of these unfaithful terrorist who has no religion, because it hurts when somebody calls Muslims as a terrorist.
Mohammed Farhan Khan
Thursday, August 28, 2008
A new chapter XXI – A on plea bargaining has been inserted in the CrPC(1973). Plea bargaining was introduced through criminal law (amendment) Act, 2005, which was passed by parliament on the recommendation of law commission of India. This loosely borrowed from the US model. As the name itself suggest, a plea to bargaining. This provision is likely to bring relief to a large number of under trials lodged in various jails of the country and help reduce the long pendency in the courts. It is applicable only in respect of those offences for which punishment is upto a period of 7 years, it does not apply where such offences affects the socio-economic conditions of the country and offences committed against a woman or a child below the age of 14 are excluded.
The application for plea bargaining should be filed by the accused voluntarily in the court in which such offence is pending for trial and the complainant and the accused are given time to work out a mutually satisfactory disposition of the case, which may include giving to the victim by the accused, compensation and other expenses incurred during the case.
In the event of satisfactory disposition of the case being worked out, the court shall dispose off the case by sentencing the accused to one-fourth of the punishment provided or extendable, as the case may be for such offence.
The most important thing of plea bargaining is the statement or facts stated by an accused in an application for plea bargaining shall not be used for any other purpose other than for plea bargaining. It means, it is not shown as evidence against the accused. The judgment delivered by the court in the case of plea bargaining shall be final and no appeal shall lie in any court against such judgment.
There are some specific conditions that have to be simultaneously met :-
The defendant pleads guilty and proposes a penalty.
The prosecutor agrees.
The victim agrees.
The court agrees.
However, the court may object to the terms of proposed plea bargaining (even if agree between the defendant, victim and prosecutor).
Plea bargaining is frequently used in the modern criminal justice system to move cases through courts speedily and efficiently.
Like, any other system, it has advantages and disadvantages. The advantages of it are many: it reduces the number of full blown jury trials, which in turn reduces workload and expenses of the court and attorneys. Ideally plea bargaining fosters a discussion between the defense and prosecution before the judge but outside a tense trial environment. This leads to more discussion and less arguing which can lead to more fair outcomes for the defendant.
The disadvantages of plea bargainng are, it can be abused by defense and prosecuting attorney alike as a way to clear case load. Innocent people might be persuaded to plead guilty to a crime they did not commit, so that they can avoid the rigor of a trial.
Sometimes the community does not view a plea bargaining as being just, but rather as being a way for criminals to plea and escape ‘real punishment’. Plea bargains do not always lead to the best outcome for a defendant and can be used unfairly by any of the parties involved.
At last, I can say, everything has some disadvantages and advantages. But it is upto the prosecution that how they are taking this chapter of plea bargaining.
If it is taking in a right way, then it will be a boon for criminal judicial system and may be able to solve the remaining pending cases soon.
Mohammed Farhan Khan
Wednesday, August 27, 2008
In early periods, in India, the Hindus were governed by customs, mitakshara law, dayabhaga law, etc. there was diversification throughout India.
During Muslim rule in India, Islamic law were forced basing Quran, Sunna, Ijmaa and Riyas. Muslim personal law of marriage, dower, divorce maternity, guardianship, gifts, pre- emption, will, inheritance etc are different from Hindus
During the British period in India, the British rulers did not interfere into personal laws though they codified: THE INDIAN PENAL CODE 1860, TRANSFER OF PROPERTY 1862, INDIAN CONTRACT ACT 1872, INDIAN EVIDENCE ACT 1872, CIVIL PROCEEDURE CODE 1908 etc., according to the recommendation of law commissions.
After independence, the Indian government enacted by codifying Hindu laws as HINDU MARRIAGE ACT 1955, HINDU SUCCESSION ACT 1956, HINDU ADOPTION AND MAINTENACE ACT 1956 etc.
Indian Christians have their own personal laws under the INDIAN CHRISTIAN MARRIAGE ACT 1872, and, DIVORCE ACT 1869.
Parsis have their personal law under THE PARSIS MARRIAGE ACT AND DIVORCE ACT 1936, and Muslims have their personal law in India under MUSLIM PERSONAL LAW (shariat) APPLICATION ACT 1937 and MUSLIM WOMEN (protection of rights on divorce) ACT AND RULES 1986.
Now the question is, Are these personal laws in India really affects our judicial system?
I can say, this is a very debatable topic; we debating from independence to present day but there could be no result yet come.
Article 44 of the constitution of India which states that “the state shall endeavor to secure for the citizens a ‘uniform civil code’ throughout the territory of India’, constitution of India lays down the administration of a uniform civil code for its citizens as a directive principles, but has not been implemented till now.
Towards a uniform civil code, those wishing to reform the Muslim personal law have often cited Muslim countries as examples, that such reforms is possible. The interesting point regarding Pakistan is that until 1947 both India and Pakistan had governed Muslims under the SHARIAT ACT OF 1937. However by 1961, Pakistan a Muslim country had actually reformed its Muslim law more than India had and this remains true today also.
It is reiterated that this code is not biased towards a religion but to brings in a level-playing platform among the citizens of India. Muslims in other countries accept uniform civil laws where they do not consider this as a defeat whereas in India it is.
It is a pity that in a democratic and secular state, people have different laws based on their religion. Is it secular to have different laws for different religion or it is secular to have a uniform law?
The personal law in India is one of the major causes of justice delay, as the superior court has to confirm the personal laws first, before giving any decision.
To make uniform civil code healthy, Hindus should not treat this as a weapon against minorities. Meanwhile, the minorities should not feel that they lose by bringing this law. Whether, this can be possible or not only time will tell us.
Mohammed Farhan Khan
Monday, August 25, 2008
Now the question is arising that whether Phelp is the greatest Olympian ever. If you go by numbers alone, Phelp is way ahead of the other greats like Spitz, Carl Lewis and Pauva Nurmi who all had won nine gold medals. May be, Phelp will get more gold, as he plans to take part in the 2012 Olympic.
Why the countries like china, US, and UK is able to get gold medals as compare to other countries...may be u will say that they are developed countries, so they have better facilities and excellence in them. In my opinion, I would rather say, because they are in a system which is focused on sporting excellence, and does not force athletes to perform. When Phelp was seven years old, he joined a swimming club in Baltimore under the wings of coach bob bowman, Spitz too begin at a local club at Santa Clara in California. Local clubs, along with schools and universities are the backbone of Americans sporting success. Athletes from several other countries also train in American university as did Serbia’s Milorad cavic, who came second to Phelp in the 100 m butterfly event. There are poorer countries that are following this model. The fastest man on earth, Jamaica’s Usain bolt who won the 100 m sprint in record time, along with a host of other top class sprinters such as Asafa powell train at the island’s university of technology on a scholarship programs.
India must borrow the leaf from such schemes, while we should look at china’s example of focusing on a few disciplines, we must build up an institutional structure that is not dependent on the government. Indian shooter, Abhinav bindra who won gold medal and Vijendra kumar and Sushil kumar who won the bronze madel in boxing and wrestling respectively, doing so well in Olympics, learnt their skill in local clubs before getting sponsorship from private trusts. So there are plenty of good Olympian talents waiting to be tapped.
Mohammed Farhan Khan
Sunday, August 24, 2008
The ancient Olympic Games, originally referred to as simply the Olympic Games, were a series of athletic competitions held between various city states of ancient Greece. The prizes were olive wreaths, palm branches and woolen ribbons. The ancient Olympic were celebrated until 393 AD. It was not celebrated after 393 AD because of the several reasons. From 776 BC through 393 AD, it took 1503 years for the Olympics to return, but then also it was not celebrated on a continued basis.
Interest in reviving the Olympic games proper was first shown by the Greek poet ‘Panagiotis soutsos‘ in his poem “dialogue of the dead” in 1833 AD.
The man responsible for its permanent rebirth was a French man named ‘Baron Pierre de Coubertin‘ who presented the idea in 1894 and founded the international Olympic committee in 1894. The IOC has become the heart of the Olympian movement. As the Olympian movement has grown so have the profile and complexity of the games, participation in the games has increased to the point that nearly every nation on the earth is represented. With the increment of the satellite communication, the internet and the continuing tend towards globalization; the Olympics are consistently gaining supporters.
While the Olympic Games do so continue to evolve a tradition and rituals, which are on display during the opening and closing ceremonies and the medal presentation. The first Olympic rings were designed in 1913, adopted in 1914 ad debuted at the games at Antwerp in 1920. However, there were no torch relays in the ancient Olympics games. The idea of Olympic torch was first inaugurated in the 1928 Olympics and was actually instituted at 1936 Olympic Games in Berlin.
For its part, the Olympics movement has made considerable progress in fostering participation among as many nations as wish to compete, as well as focusing on the Olympic motto, “Citius Altius Fortius” [Faster, Higher, Stronger]
Mohammed Farhan khan
Friday, August 22, 2008
Judicial review is the power of the judiciary to annul the acts of the executives or the legislatives where it finds them incompatible with higher norms. Judicial review in India comprises of three aspects: judicial review of legislation action, judicial review of judicial decision and judicial review of administrative action. The judges of the superior courts have been entrusted with the task of upholding the constitution and have been conferred the power to interpret it. It is they who hav to ensure that the balance of power envisaged by the constitution is maintained and that the legislature and executive do not, in the discharge of functions, overdue constitutional limitation.
Judicial review is the basic feature of the Indian constitution and therefore it cannot be damaged or destroyed by amending the constitution, under article 368 of the constitution.
Judicial review is an example of the functioning of separation of power in a modern legal system. It is made the duty of the judiciary to see that each keeps within its sphere, and if any of them gets out its legitimate sphere to put back into its proper place.
Mohammed Farhan khan
Wednesday, August 20, 2008
But before the Britishers came, Indians were living in a dark age, there were no progress of any kind, Indians were very pessimistic. We have a ability but we did not know how to systematized our knowledge, it is a Britishers who came to realized us our capability and guided it in a right direction. We did not even know our past, it was a work of some noted personalities of british time, like sir William jose who translated kalidasa’s shakuntala into English for helping us to know our mutual past. Max muller who came to India to learn Sanskrit and translated all the four Vedas into English which we are reading it in a great ease.
The most important factor of British imperialism was unification of India. Undoubtedly, it was British imperialism which brought people to think as one nation.. before the coming of the English to India, the people of south were usually separated from rest of country. The whole of India came to be governed from one central government. They gave us common law, common taxes to whole of India and the most important thing common government which helped us to think in unity. Because of the British rule, we brought in contact with European countries and the 19th century in Europe was the century of nationalism and liberalism, so Indians get very much touched by them.
Indians views were very narrow and conservative because they knew only their native language. As a result of English education, it broke the intellectual isolation among Indians. So the Indians were able to read and understand the views of foreign writers. It enhanced the spirit of research and discoveries in India.
The thought of preserving monument actually initiated by Britishers, the first preservation of monument act was passed by Lord Curzon. British introduced Archaelogical survey of India, for the preservation of cultural heritage sites. Our ancient civilization, Indus valley civilization, Mohan-jodaro and Harappa culture were explored by British. The deciphered of the script of Ashoka epic were known in the British raj only. There were many things which were explored by Britishers, because of them today we are able to know our history. Indians are still not able to take care of our cultural monument and sites, peoples are writing their names and their beloved names on it and make it worst day by day.
The one of the most important thing given by the Britisher were Democratic form of government, the present constitution of India provides for the democratic form of government for the country. The beginnings were made by the British in the year 1853 and the process was continued in 1861, 1892, 1909, 1919 and 1935. By stages, British government transferred to Indians larger share in administration of the country. The result was that, the leaders of India were able to take over the responsibility of running the administration of the country in 1947.
We should respect the work done by the people like Lord ripon who set up local self government and district board for the purpose of giving political and popular education to the people of India.
The Bristishers ruled about 200 years and gave the progress of 400 yrs to Indians. No matters, how much money and gold they have looted from our country but they gave us a lot of things, which instead of having a gold we were not able to do. So we should not condemned the British for all this, because they have given us a big legacy which we are enjoying today.
Mohammed Farhan khan
Monday, August 18, 2008
Does this mean much more today for us after the 61 years on? At one level, my answer is yes; the idea of India has come to mean much more today than it did then.
After all we have weathered four wars and an emergency, conducted 13 general elections and hundreds of state elections, changed our government peacefully, diffused separatist movement in places like Punjab and mizoram and seen rashtrapati bhawan occupied by three Muslims, a dalit and a woman. Bollywood contributed so much in India and outside also, yoga have conquered the globe by the immense contribution of baba ramdev. We have won two world cup and invented the IPL. Our mass communication has grown up like a water level in the sea and brought us all together by the means of communication and shared thoughts. We have watched the films like chak de India and swades and applauded for the national thinking of our peoples. We have mourned together for the victims of kargil. We are large, we contain multitudes.
And yet, there is something is missing. In what are we taking pride: in holding a world record for farmer suicide? In MPs waving rupee notes about in parliament? In day by day increasing dowry death or the measures in Gujarat or the communal rights? In the land of IITs graduates where the world’s third illiterate children’s are living?
My answer is not to deny all these things which I have developed from then, but to take pride in our country having survived then also. We can be proud of being able to discuss them in a free society, and proud of being able to survive them in a democracy.
Is these only a thing limits our independence? Or our independence are so high, that we are not able to see the death of farmers and dowry deaths.
- Mohammed Farhan Khan
Sunday, August 17, 2008
Inshallah ....i will write some more articles on the topic of India development.....giv me sometime ...so that i can write a good article on it .
It is nice to see pankaj comments on my Independence day article .....i think pankaj u gav me some new ideas to write on it.
Saturday, August 16, 2008
But, the RakshanBandhan is the only Festival which is for the relationship; there is no other Festival like this in any where in the world. Its uniqueness spread its greatness. The relationships are the essence of celebration. The celebration of one such relationship is RakhshaBandhan, the celebration of brother and sister relationship. The sibling relationship is nowhere celebrated in any country but in India. It is affection and love that is celebrated on the RakhshaBandhan. It is a bond of affection between brothers and sisters. The day when the siblings pray for each other’s well being and wish for each other’s happiness and goodwill. As the name RakshaBandhan suggests “ A BOND OF PROTECTION “ , it is pledge from brother to protect the sister from all harms and troubles and a prayer from the sister to protect the brother from all evils.
RakhshaBandhan is a very pure festival as pure as like the love of brother and sister. It is very defferent from other festival because of it nature of celebration.
So my friends, today is RakshaBandhan, celebrate it with great love and happiness with your sisters and brothers.
milna bichadna sab kismet kha khel hai,
Kahi nafrat, kahi dilo ka khel hai,
Bik jaate hai, har rishtey duniya mien,
Sirf bhai bahen ka pyar hi yahaan,
“not for sale hai”
Mohammed Farhan khan
Thursday, August 14, 2008
On the night of 14th august 1947 we got independence from britishers, they left us after ruled approximately 200 yrs ...from 1740 to 1947.
The persons like Gandhi ji, subhash chandra bose , Bhagat singh, n many freedom fighters who fought for us untill we got freedom and gave us a beautiful n free life wat we are living in this present. But the Question is ...after 60 yrs of independence, we really get independence or not. Because it was britisher who ruled us in our past and now our minister who are rulling us these days. We have everything with us ....In our constitution the first thing is our preamble ...which is said to be a soul of our constitution . In preamble "WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens". Are really we living in a democratic county ?....yeah we are living in a democratic country but only in papers not exactly.
The freedon given to our citizen is so high ...that everybody wants to make his own political party, and every political party wants to do everything to get his government even murder also.
Yeah offcourse ...there was a dream seen by Gandhiji n all our freedom fighters for us ..but this is definetly not, if they knew it then they never could hav given us freedom from britisher...it was better to live with britisher.
Whatever we hav in our country except our vast culture n some good things given by our ancestors, was given by britishers. Even the whole constitution n our democreatic set up was given by britishers. It is legacies of britishers wat we are enjoying today ......then Also we say ...."mera bharat mahaan".
In 60 yrs we are not even able to abolished corruption but seen increasing it day by day.
So my citizens of India....we are living in free india ....we got freedom by britishers also when we couldnt hav anything .....but now we hav everything in our hand ..we only hav to be sincere and careful for our country and take over our own's country by the hands of corrupted minister n peoples. After all this country has given us a lot of things .....n continue to be with it.
HAPPY INDEPENDENCE DAY.........
Mohammed Farhan Khan
Actually this is comments by my brother .....i like it very much ..so i m pasting for u also ....refer to him ...
Wednesday, August 13, 2008
Friends are getting easily interact with each other n even found old friends who were missing somewhere due to course of time. These site are becoming more famous beacuse of its long friendlist process.
But some of them using a false identity in order to woo others by giving them a fake fotos n fake names. So make sure that if u r making a long distance relationship with anyone, then be careful because may be it is you who is cheated now. This is the one of the worst thing on these sites, if anyone says that i m shahrukh khan ....then u hav to believe it ..u dont hav any option. You will not knw untill you meet him.
I m telling these things to you ...coz many of my friends indulge in online relationship , then after sometime they came to knw ...it is a boy who is bluffing him by saying that she is gal.
After all everything has some disadvantages in it ...thats a big defect in these sites. But the good thing is which has more advantages than its disadvantages.
So these sites has many benefits untill u r using it for good purpose.
Mohammed Farhan Khan
Tuesday, August 12, 2008
Actually friends if u will giv comments then may be ....i will write better than it .....so plz ...giv comments regularly ......
Monday, August 11, 2008
I want to giv one suggestion to All boys n gals ...plz ...dont betray anyone ...if u r not comfortable with any relationship then plz ....leave it before anyone hurt. One thing more ...dont spoil ur life for anyone coz .....for whom u r spoiling ur life ....dont deserves ur half a pals of ur life.
So live ur life like a person whom Allah loves.
bye n take care ofurself
Mohammed Farhan khan
These days we hav seen regularly in newspaper , television and articles of about increasing terrorism and everyone is ust blaming muslims involvement in these activities. wheather it is a work of some politicians or other groups of members but Islam name comes first. Actually they have reason to blame muslims beacuse there are several group who spreads terror on the name of jehad. Groups like Al-qaeda, harkatul mujahideen, Harkatul jehadul islam and recently there is another group Indian mujahideen, who has used Quranic versus to claim religious sanction for its heinous work. In my view, these organisation just trying to hide thier activities by giving the name of Jihad in Islam. But in Islam, Jehad doesnt mean spreading terror, there is no place of terrorism in Islam.
Quran makes very clear distinction between Legitimate war , a Jehad and Illegitimate violance, that spread hovac among the innocent. We called Illegitimate violence as a "Fasad' and a fasadi is 'who spreads mischief , disturbance, trouble, outbreak of rebillion thrugh the land'.
It appears in the Quran, in verse 32 of surah 5 , that "if anyone slew a person(through fasad), it would be as if he slew the whole people and if anyone saved a life, it would be as if he saved the life of the whole people". The verse is a powerful indictment of anyone who kills innocent.
when these peoples called themselves a 'Jehadi', it is an attempt to gain legitimacy among muslims. They wrongly interpret Quranic versus to prove himself right though it is not thier work to interpreat Quran and they dont have a right to interpret it.
There is clear principle in Quran(surah 2:256), " la iqra fi al deen" , it means ' let there is no compulsion in religion'. If anybody wants to worship other religion than there is no compulsion for them. In another surah, " lakum deen e kum wal ya deen" , it means that ' your religion for you and my religion for me' . Jehad is not even in 5 pillars of Islam ,that is, Allah is one and he knws everything, Namaz, Fasting, Zakat(helping poors)and Haj. Jehad has secondry place in Islam. It is very clearly written in Quran but then also they wrongly interpret the versus and do indulged in wrong activities.
Jehad means 'fighting for the truth', if somebody wants to teach goodness in a view to spread peace then it is a greater Jihad. The greater Jihad is struggle to cleanse oneself and war is the lesser Jihad. Islam sanctions war but with very strict disciplines and rules. The killing of innocent people , women and children is strictly forbidden in Islam. A Jehadi could not be betray a trust, misappropriate booty, mutiliate a body, kill the old , women or children, he could not even destroy tress or slaughter an animal except for food. 'Every Jihad is a war fought by a muslim, but every war fought by a muslim is not a Jehad'.
There is only one justification of Jehad in Islam, when a nation becomes a 'HOUSE OF WAR'. I dont think so, that our nation becomes the House of war, but in other words it is very peaceful country with full of good people, but if these so called Jehadis would not stop thier activities n terrorism then it will become a House of war.
I think this is right time that every person should aware of all this and dont blame the whole community of Islam just because of the work done by those unfaithful terrorist who has no religion.
Peace, Justice and equality are the heart n soul of the Quran and the holy book knws wat justice would do to these terrorist.
Mohammed Farhan Khan
Saturday, August 9, 2008
Happy reading ....From Mohammed Farhan khan
This is again my friend's poem ......it is one of the very emotional poem i i had ever seen .....so plz read n uderstand its hidden meaning .....
When I saw a little girl with a sack;
She collected the junk items under the bridge,
When the sun was trying to hide behind the ridge;
The evening was blue with pink shades,
But her clothes were dirty with much fades;
The air was cool with pleasant smell,
And her hairs were messed so much well;
She didn’t cared about the people in the locality,
Who gazed her with disgust and humility;
She walked on her bare foots from place to place,
To fill the large sack’s empty space;
After sometime her search was complete,
With this the evening’s light was on deplete;
She started following a particular way,
What was her destination no one could say;
She reached a junk yard to give her collection,
One could see her face with mere satisfaction;
Then she took her job’s money,
She ran to her dwelling as bee to honey;
She picked all her money to reach a shop,
I reached near her and took a stop;
She gave her money and pointed something,
As I saw it was a silver earring;
Shopkeeper counted the money and it was less,
Her face developed a little stress;
She stretched her hands to take back the coins,
With this her confidence broke into infinite lines;
I could not bare the situation and the phase,
And gave him extra money required for the purchase;
The seller kept the earrings in her hand,
With this she was in the heavens land;
She smiled at me with such happiness,
Beholding me with her ultimate gladness;
She wore the rings in her ears,
And she blinked her eyes with little tears;
Today also I remember that picture,
When I pass through that bridge without lusture;
I search that girl with utmost caring,
With a sack on her back and silver earring.
so till then enjoy reading some of my friend poems ....which i like the most ......
bye n take care .....
Friday, August 8, 2008
This poem is composed by my Friend ...he is a great writer .....so i want to share it with u also .....
Far away from a place with bliss;
It will fly in sky and come,
All hurdles it would overcome;
It will land and touch my lips,
Like a honey with sweet sips;
It would have fragrance of Lilly,
But some time it would make me silly;
I will ask why you are here,
Don’t you have a little bit fear;
Have you come with special purpose,
Or brought something for me just tremendous;
In the end it will answer one word,
Oh! My dear in this whole world;
I have brought a message of dove,
Iam nothing but a symbol of love.