Tuesday, February 24, 2009

OSCARS!!!!!!!!...JOY HO!!

And the whole world is watching, admiring and giving a salute to a movie which is based on Indian subject. As when the ‘SLUMDOG MILLIONAIRE” announced the winner of the 81st academic awards, the entire Kodak theatre was moved on with the beat of ‘Jai ho…’ Kodak theatre was glittered with the international celebrities but, it was India which proved to be gold. From Brad Pitt to Kate Winslet, Steven Spielberg to Meryl Streep, the whole world was applauded with the performance of Indian actors and realized their capability of bag eight OSCARS.
The music maestro of the world A.R.Rehman, he is knight rider of the Oscar night. He won the award for 'best original score' and combined award for 'best original song' with Gulzar. With his performance in the Oscar night, he forced everybody to move their body on the beats of ‘Jaya ho…’ and ‘O saya…’ He brokes all sounds barrier and acclaimed the praise of the millions, though it seems that the music of ‘Jai ho…’ is his masterpiece, but I believe, his journey from the music of the movie ‘Roza’ to ‘Dilli 6’, he has composed a many masterpieces. Whenever his new music comes out it sounds like a masterpiece. That is what the magic of ‘A.R.Rehman’.
In another moment of Oscar night, where our desi girl were asked to co-present the award for best foreign film, while on the other, India’s ‘SMILE PINKI’ directed by Megan Mylan won many hearts and awarded for the best documentary(short subject).
In reality ‘Slumdog Millionaire’ is a British film but it contains Indian spirit. It is made by ‘Danny Boyle’ (now called as a very real who made a very realistic movie of India), who came in India with few foreigners and used Indian talent and made them to bag the Oscars award. It cannot be emphasized enough that this is not an Indian film; it’s a British - American film about India with some Indian collaboration. It is proud time for India that after a long time (after the movie ‘Gandhi’), the name of India is surrounded in a Kodak theatre with such a glory.
After all they all deserve what they are getting. It’s historical moment for all of us. I am very glad for Danny Boyle, A.R.Rehman, Gulzar, Resul Pokutty, Dev Patel, Frieda Pinto, Anil Kapoor and the last not the least all kids who played a role with great perfection and made it possible to make a historical film like ‘Slumdog Millionaire’.
However, the only thing left for us is to win an Oscar for a true Indian produces film and that would be a greatest achievement for us. This winning of ‘SLUMDOG MILLIONAIRE’ has opened the gate for the Bollywood to grab an Oscar in the KODAK THEATRE.

-MOHAMMED FARHAN KHAN

Saturday, February 14, 2009

HAPPY PINK CHADDI DAY !!!...

And the credit goes to …the liberal Indian youth who plotted to send pink underwear to fundamentalist Hindus on Valentine’s Day in retaliation for their attack on woman drinking in a pub in Mangalore. The whole event is termed as “Pink Chaddi Campaign”.
At last our youth generation showed their unity and gave strong setback to the Sri Ram Sene group. Though it is satirical (gowdy) in some sense, but then also it is good method to take reprisal. This entire episode is definitely a shameful retribution for Pramod Muthalik and his Sena.
But the question is wandering, whether this campaign could flown and shown it colors and would be able to stop the action of these fanatics?
As we all know, the root cause or the motives of Ram sene group behind these activities. Indeed, it is obvious that their motive is not to prevent our culture but to gain publicity; which will help them in the coming election. They just want to increase their eggs (vote) in the general election of 2009.
What we have to do is to elevate a protest against their nominations; we should prevent them to gain a seat in the elections. But the worst thing is, still there are peoples who after knowing everything will go and vote for Ram Sene group and foolishly increase their seats. Because of these fool peoples; our true sense democracy is not able to be a functional democracy.
We raise our voice against the candidature of Sanjay Dutt and ready to publish each and every negative aspect of him, and what about Pramod muthalik, do we forget that he is a prime convict for Malegaon case; he is one of those who planned, conspired and carried a Malegaon blast. Now where is the person like Ram Jethamalani and their imperatives for national interest, is it not a matter of nation’s security?
Unfortunately, we in India have a short attention span – what hurts today, heals tomorrow and because of this we forget the heinous work of the persons like Pramod Muthalik and Swami Pragya Singh and lead them to become our leaders. But one can keep the fire burning by sparing a few moments to just listen – to watch – to reflect. Why do we want Pakistan to ban certain radical outfits, when we have so many sub-national agencies for own that are so actively destroying people’s faith in the system.
I am not all against the ‘Pink Chaddi Campaign’; it is a good unite effort by our young generation. But it will be better, if we take some constructive step to remove all this obstacles in our politics, instead of starting these useless campaigns.

- MOHAMMED FARHAN KHAN

Wednesday, February 11, 2009

JUSTICE + DELAY = JUDICIAL ATYACHAAR...

“Setting up more courts so that people have easier access to justice may be a good idea, but it would be meaning less unless 80-85% of the population had at least high school level education…”
- Supreme Court


Justice delayed is justice denied. More than the delay and the denial of justice, what is unbearable for a citizen is judicial torture. This is something that has to be personally experienced by one to believe it.
A citizen cannot afford or dare to express the pain of judicial torture as that expression can be treated as disrespect/contempt of court and that can lead him behind the bars or in other words more delay. Mental and Physical torture as well as Police torture and Judicial torture too. Where will one go for remedy against judicial torture?
2.5 crores cases pending - the worst thing of Indian judiciary. Though for a pride, we have longest written constitution in the world, but for its enactment we are the least in the world. Citizens are now afraid of judicial circle and blaming and naming it as a ‘never ending vicious circle’.
At the heart of current controversy (always been a part of judiciary) of pending cases, the question is arising, ‘how could we overcome this problem?’
According to the Supreme Court, “To tackle the pendency of 2.5 crore cases, there is an urgent need for an additional 10,000 courts…”. ‘But establishing these courts alone will not give the desired result and to approach these courts for speedy redressel there has to be awareness, which will only come when there is a rise in the education level among people. The large number of pending cases are not a major problem in front of our judiciary, but the main root problem is that needy have no knowledge of how to approach courts, and it could only be tackled through proper education…’
I think to tackle this problem Lawyers played a vital role in solving of pending cases and ensuring speedy justice. The lawyers don’t think of their own capital gains but think of the pain and misery it causes to the affected clients.
India has the largest number of Lawyers after the U.S, but again the problem is, we Indians always concentrated on the quantity rather than the quality of Justice, which only can be achieved through the quality of Lawyers.
Minor changes in the existing laws can also give large amount of relief, like the order to close all the civil cases which are more than 5 years. Once our Ex. Chief Justice of India passed an order to close all the civil cases that were more that 10 years, but again the strike problem, our intelligent lawyers went on strike and that order became a history.
I think, 5 years is enough for any case, if anybody don’t get justice in five years, then its again the problem of Judicial torture for him and he loses all his hopes in next 5 years and the case become a pending case.
Still in our judiciary, we have a case which has been continue from 1984 and till date it is on a pending list. This is the condition of our most trustworthy organ of our constitution.
Our lawmakers i.e. the legislative and the executive organs, they just have to pass and sign the bill and no onus they have except the cheap politics. Our politicians never become a part of any solution.
To give education to the lower class about the judiciary and to solve small cases, we should again start the concept of village court. This will give the minimum awareness as well as justice to all the small pending cases.
The burden goes to Law commission; it should have formed the extra organ to work only on these pending cases. Though we have Lok Adalat but only on paper it appears a progressive in clearing pending cases. The Supreme Court should have to provide more specific guidelines and checks on the working of Lok Adalat.
The solution to the ever increasing volume of pending cases lies in identifying the cause and addressing it. For lingering parties, there is no difference between Lok Adalat and the normal court process. Causes for the ever piling pending cases are obvious and easy to identify.
Instead of tripling he salary of a judges, it should have been increased only 50% of the existing one. At the same time, the strength of the judiciary should have been doubled. The more benches of High Court should have been formed, like in Mumbai High Court, Delhi High Court, Allahabad High Court (already having a bench in Lucknow), Punjab & Harayana High Court, where the cases are in bulk. It will decrease the work load and improve the quality of justice without any further expense. This step would have taken the judicial system closed to a solution.
Judiciary is the only foundation and hope of Indian citizens, which give them a power to control over the justice. So it must be preserved and treated as a Supreme authority and for that we all have to owe a duty to work and give a efficient suggestion for “Judicial Reforms”.

- MOHAMMED FARHAN KHAN

Friday, February 6, 2009

DEFINING MINORITIES IN INDIA...

‘Minority’ I used this term in my previous article ‘Indian needs a change in relation with minorities’, I expressed what type of relation we need to develop with our certain minority group, so that their grief and complains against our society will improve, but I didn’t elucidate that ‘what is minority?’ and ‘who are the peoples comes under the definition of minorities in India?’ I hope I can make it clear in this article.
Indian democracy was the outcome of the freedom movement, which in turn based on the values of Liberty, Equality and Fraternity. During the freedom movement, the Indian society was divided into two groups – Muslim league on one side and Hindu mahasabha and RSS on the other, and further which took lead to the creation of another state.
As India is considered as a multi cultural country, there exist a pluralism and Diversity. After the Independence, few sections whose interests stood to be threatened due to democracy with the social and political relations did raise hullabaloo about their religion coming under the threat.
Indian constitution like the most progressive modern constitution provided the concept of affirmative action (positive discrimination) for weaker sections of the society (SCs, STs, OBCs) and certain other type of provisions for security of minorities.
[ As stated by the United Nations, it defines the term Minority as ‘a subordinate group whose member have significantly less control or power over their lives than member of a dominant or majority group. A group that experiences a narrowing of opportunities (success, education, wealth etc) that is disproportionately low, compared to their numbers in the society]
The idea of these was that the religious, ethnic or linguistic groups that are numerically smaller should not feel intimidated, should not feel out of place and should feel free from the fear of being swept aside by the dominance of majority community, therefore deserving of special consideration.
The base of this provision was numerical weakness and social disadvantage due to various reasons. Accordingly, Muslims, Christians, Buddhists, Parsis and Jews amongst others were logical religious minority. Some religion like Jainism and Sikhism were initially denied this minority status, as the dominant political forces asserted that it is not an independent religion but is a mere sect of Hinduism.
However, the Indian constitution does not define a minority or provide details relating to the geographical and numerical specification of the concept. Over the years, periodical judicial interventions and categorization has had a major indirect effect to defining minorities in India.
But the Indian constitution provides for the rights of minorities in details. The constitution provides two sects of rights of minorities which can be placed in ‘Common Domain’ and ‘Separate Domain’. The rights which fall in the ‘Common Domain’ are those which are applicable to all the citizens of our country and the rights which fall in the ‘Separate Domain’ are those which are applicable to the minorities only and these are reserved to protect their identity.
In the ‘Common Domain’, the rights are secured under the Art. 38(2), 46, 51(a)(i)(ii), 14, 15 (1)&(2), 15(4), 16 (1)&(2), 16(4), 25(1), 26, 27, and 28.
While in the ‘Separate Domain’, the right comes under Art. 29(1), 29(2), 30(1), 30(2), 347, 350(a), 350(b), 25(explanation 1)
These are some Rights conferred by our constitution for minorities in India.
The constitutional (103rd amendment) Bill 2004 to grant constitutional status to the National Commission for minorities envisaged a change in the way minorities are specified. The cabinet has reportedly approved a proposal (May 2007) to define minorities state wise in line with several Supreme Court judgment, most notably T.M.A Pai v State of Karnataka and P.A. Inamdar v State of Maharashtra.
Defining minorities in India is very difficult task as India is a diverse society and therefore it is not possible and reasonable to define minorities on the basis of national classification. The minority status of a person varies state to state, especially when religion/ethnic criterion is to be taken. For example – there may be a lot of Parsis in Mumbai but hardly in Ranchi, Christians might not be a minority in Kerala or Goa but they must definitely are in Uttar Pradesh or Assam. The former in that place would not need protection, while the latter will. If all India count would be take, than I think it would be too generalize.
Dr. Ambedkar tried to overcomethis dilemma by suggesting that majorities should create a situation where the minority does not have to seek shelter under the minority tag and minorities should try to overcome that label and avoid taking recource to being minority.
After all, the onus is on Government, how it would take this complicated issue of Minorities. I hope it will be good and favorable for both the group.

- Mohammed Farhan khan

Tuesday, February 3, 2009

WRONG EDGE OF THE RIGHT - POLITICALLY INCORRECT...

The poison of politics is spreading over the minds of the Indians; it became a part and parcel of every life and covered us from head to toe. Whether it is a Mangalore pub case or Sanjay dutt’s decision of MP, we do politics in every field. Rather than taking some reformative step, we indulge in making it more complex.
The former case of Manglore pub- what is the problem of ‘Rashtriya Hindu Sena’ and ‘Sri Rama Sene’ groups? Their intention is not to protect the culture of our country but to create violence and to gain a cheap publicity, like what MNS did in Maharashtra. They are the black sheep of our country.
I agree that the pub culture is against our Indian culture, but there is no justification to beat up those who make a fuss of it.
These frustrated persons have no rights to interpret our Indian culture, which they himself don’t know why it is made for.
In the other case of Sanjay Dutt, as when he announced his interest in politics, the problem of vicious circle surrounds him, first his own sister. She was not happy with his joining non-congress – SP (samajwadi party), as she thinks that he is going away from his family’s legacy.
Then the opposition party was blaming him that he is a suspected terrorist, leaving a remark of 1992 blast in Mumbai.
And now the most dedicated lawyer of the country, Ram Jethmalani is also showing his interest in him. He has written in Time’s column headed ‘why we should not vote for Sanjay’, in that he stated, “I have been Sanjay dutt’s lawyer and for that reason only I cannot freely speak about him but imperatives of national interest compel me to say at least this much, ‘he doesn’t deserve to be a member of parliament and any political party that sets him up as its candidate is totally impervious to the security of the nation…”
Now what can I say about him, how much more freely he wants to speak after writing everything in his column in Times of India.
Where were these imperatives? When he was trying to save ‘Manu Sharma’ prime suspect of Jessica lal case and now he is talking about imperatives for his country, when Sanjay dutt is electing for MP from Lucknow, the same place where ‘Atal Bihari Vajpayee’, his party leader stands for the same post on every election.
The truth is, Ram jethmalani is doing politics in the name of his party, BJP (Bharati Janata Party). He is presenting all those instance of the pending case of Sanjay to restrict him to become MP, Mr. Jethmalani, you are a good lawyer but not a good politician.
Sanjay was convicted and sentenced to six year imprisonment for possessing illegal arms during the 1993 Mumbai blasts; he is currently on bail and his appeal against conviction is pending in the Supreme Court.
According to Section 8(3) of the Representation of the people Act 1951, a person convicted and sentenced to imprisonment for two years or more, is disqualified from contesting parliament or assembly elections.
In November 2006, a bench ruled that a person sentenced to imprisonment for two years or above can contest elections, if his/her conviction is stayed by a superior court before filing of nomination papers.
In a January 2007, the Supreme Court stayed the conviction of cricketer-turned BJP candidate Navjot Sidhu, who sought a mandate to a Lok sabha seat following his conviction in a road rage case, allowing him to enter the electoral fray.
I am not going against the law, but then also we should not prevent good persons like Sanjay Dutt to become a politician, we need good politician.
I hope, Supreme Court would give him permission to stand in a 2009 election.

- MOHAMMED FARHAN KHAN

NOTICE TO A GIRL FRIEND ON BEHALF OF HER BOY FRIEND

(Before reading this notice, i would like to say that this notice is just an imagination and everthing written here is in a humurous way, it is not related to anybody's life. Any connection and resemblence are purely co-incidental and not AT ALL intentional...)
RAM JETHMALANI
M.A.LLB, PhD
ADVOCATE
16/1 NEHRU PLACE,
NEW DELHI - 110001

NOTICE
(BY REGISTERED A.D.)

TO,
MISS PRIYANKA CHOPRA,
C/O SANTA AND BANTA SINGH
PATIALA, PUNJAB.

MADAM,
UNDER INSTRUCTION FROM AND ON BEHALF OF MY CLIENT, MR. MOHAMMED FARHAN KHAN, OF 55 DORABJEE, M.G.ROAD, PUNE – 411005, I HAVE ADDRESS YOU AS FOLLOWS:-
1] THAT, YOU ARE LEGALLY FRIEND OF MY CLIENT, YOUR RELATIONSHIP HAVING BEEN SOLEMNISED, WHEN MY CLIENT WAS IN PUNE AND YOU WERE IN PATIALA, THROUGH CHAT ON ORKUT ACCOUNT ON 17TH MAY 2008, ACCORDING TO INTERNET RITES AND INTERNET LAW COMMISION OF INDIA.
1] (A) THAT, BEFORE THE REALTIONSHIP, YOUR NAME WAS PRIYANKA KAJLA, AND MY CLIENT NAME WAS THE SAME AS ADRESSES NOW.
2] THAT, AFTER YOUR SOLEMNISED RELATIONSHIP, YOU CHATTED WITH MY CLIENT ON THE REGULAR BASIS, SOMETIMES ON ORKUT AND SOMETIMES ON YAHOO AND GTALK.
3] THAT, OUT OF SAID CHATLOCK, YOU HAVE DEVELOPED A GOOD RELATIONSHIP WITH MY CLIENT AND HAVING A CLOSE RELATIONSHIP WITH MY CLIENT.
4] THAT, DURING THE PERIOD OF YOUR RELATIONSHIP WITH MY CLIENT, YOU HAVE A HABBIT OF ARGUE WITH MY CLIENT AND SOMETIMES THE ARGUMENTS WERE SO HEAT UP, THAT YOU LOOKED LIKE A RED SWEET TOMATO.
5] THAT, ACCORDING TO MY CLIENT, WHEN YOU LOOK LIKE A TOMATO, YOU LOOK SO CUTE AND INNOCENT. HE USED TO CALL YOU AS ‘BABU’, WHICH MEANS SWEET AND LOVING AND VICE VERSA.
6] THAT, IN THE LONG PERIOD OF YOUR RELATIONSHIP, MY CLIENT GETS ATTACHED WITH YOU VERY MUCH AND HE IS THINKING YOY AS YOUR BEST FRIEND.
7] THAT, IN THE MEANWHILE WITH THE GOOD AND RESPECTFUL INTENTION, MY CLIENT PROPOSED YOU IN A SANE MOOD, AND WANTED TO PROCEED THE RELATIONSHIP WITH FURTHER NEW REALTIONSHIP OF BOY FRIEND AND GIRL FRIEND IN A BONAFIDE MANNER.
8] THAT, YOU REJECTED HIS GOOD AND BENEFICIAL PROPOSAL IN SO CALLED ‘CHOR’ INTENTION AND TOOK NO INTEREST IN HIS PROPOSAL.
9] THAT, MY CLIENT TRIED TO CONSOLE YOURSELF, BUT YOUR ANGERNESS RAGED UPTO MAX. AND YOU WERE NOT ABLE TO CONTROL YOUR EMOTIONS, DUE TO WHICH MY CLIENT SUFFERED FROM LOVING DISORDER AND HURT A LITTLE FROM INSIDE THE HEART.
10] THAT, YOU ARE IRRESPONSIBLE TO PERFORM THE DUTY OF A GIRL FRIENDSHIP AND YOU ARE THE GUILTY OF BREACH OF DUTY, UNDER SECTION 143 OF LOVE AND FRIENDSHIP ACT OF 2008.
11] THAT, MY CLIENT ALSO FURTHER SAYS THAT THE ACT OF IGNORANCE AND SHOWED NO INTEREST IN THE PROPOSAL, MAKES MY CLIENT MORE LOVING TOWARDS YOU.
12] THAT, TAKING INTO CONSIDERATION THE VERY BEAUTIFUL AND LOVING RELATIONSHIP BETWEEN MY CLIENT AND YOURSELF, ALSO GIVING A SECOND THOUGHT OF THE PROPOSAL TO THE FUTURE, MY CLIENT DOES HAVE BY CALL UPON YOUR TO RESUME THE RELATIONSHIP FURTHER MORE INTERESTING AND MORE LOVING WITH HIM, WITHIN ONE DAY FROM THE RECEIPT THEREOF, FAILING TO WHICH MY CLIENT SHALL TAKE IT FOR GRANTED AND TAKE AGAINST YOU AN APPROPRIATE LOVING ACTION, AND THEN YOU HAVE TO LIVE IN THE FOREVER RELATIONSHIP WITH HIM.
13] THAT, THE COST OF THIS NOTICE IS RS 1000, AND YOU HAVE TO CHAT WITH MY CLIENT FOR 4 HRS DAILY, AFTER YOUR EXAMS, AND YOU HAVE TO GIVE HIM A SECOND CHANCE ALSO.
YOURS FAITHFULLY,
RAM JETHMALANI
(ADVOCATE)
DATE: FEBRUARY 3rd 2009