Section 134 of the Trademark Act, 1999 - Jurisdiction benefits to the Plaintiff

For a very long time, India has been known to constitute and avail every notion of goods and services amongst the group of developing nations. In other words, India has a mixed market system wherein most industries can set themselves freely. It should be noted that each one of those industries that have reached the pedestal of recognition in the market by their target consumers have adhered to the concept of brand recognition and as many would confer to the fact that the most beautiful form of flattery is imitation itself. India came in need of demarcating the scope of their individual brand name or value. This is where the concept of Trademark was inducted into the country’s legislation. A trademark gives out the distinction to the product or service and acknowledges its core competence which creates a brand value in the minds of the consumers. The Trademark Act, 1999 is administered presently under the Trademark Registry which was instituted in India in 1940. 

 

The Trademarks Act, 1999 was initiated to try to reduce fraudulent behavior within the companies. Trademarks enforcement in every country has its complexities, and India is no different. In light of statutory and judicial principles, the earlier position in litigation was covered only under the provision of Section 20 of the Civil Proceedure Code, 1908. This provision shared precise notions about the geographical jurisdictions of the defendant’s residence and hence only under that territory did judicial proceedings follow. It also focused on either the defendant’s residence or the area where business was ventured upon or even where the cause of action arose. Soon after, an organization came under the purview of the judicial system which was responsible for dealing with the protection of trademarks which went by the name of the Indian Patent office administered by the controller General of Patents, Designs and Trademarks.

 

In India, Trademark infringement suits are also considered cognizable offences, which the court can charge the guilty side with a criminal proceeding along with a civil proceeding. Between the years 2015 and 2016, the Trademark Infringement jurisdiction begin to cover civil proceedings in relation with Trademark and Copyrights. Section 134 of the Trademark Act, 1999 gives the right to the plaintiff to file a suit before the District Court. It is imperative to put into perspective that the above-mentioned section should necessarily be read with section 20 of Civil Proceedure Code, 1908 (CPC) so that the plaintiff may avail the justifiable rights. 

These provisions allow the plaintiff to file the suit within his jurisdiction. In other words, the plaintiff does not have to follow the obligations of proceedings to the district court where the defendant lies or carries business. Hence, it suffices to point out the fact that section 134 of Trademark Act, 1999 does not enshrine a derogatory power towards section 20 of Civil Proceedure Code, 1908 (CPC) but instead compliments the provision to give superiority to the right of the plaintiff. 

 

The term ‘Carrying on Business’ has varied in the sense that earlier to file a suit, the jurisdiction would lie in the place of business where the defendant lies, but after many cases this provision has been amended for the jurisdiction to lie on the plaintiff itself. ‘Carrying on business’ is the term amended for jurisdiction to lie on the plaintiff itself. ‘Carrying on business’ is the term which construed a place where the business of the infringed Trademark company gains its profits or conducts its work affairs. The high Court of Delhi has laid down certain rulings which demarcate the access of territorial jurisdiction and justify the laws relating to the plaintiff’s necessity under several states of affairs. These scenarios are: 

 

1.    If the plaintiff’s sole office and the location of cause of action of infringement differ, then the territorial will be that of the plaintiff’s sole office. 

2.    If the trademarks owners’ principal office and the location of subordinated office differ and the cause of action of the infringement has arisen in the arena of the Trademark owner’s principal office, then the territorial jurisdiction will be that of the Trademark owner’s principal office and not the subordinate office. 

3.    If the Trademark owner’s principal Office and the location of subordinate office differ and the cause of action of the infringement has arisen in the arena of the subordinate office, then the suit for Trademark infringement will be filed under the territorial jurisdiction of the location of the subordinate office and not that of the principal office of the Trademark Owner. 

4.    If all the three locations differ i.e., the Trademark owner’s principal office, subordinate office, and the location of cause of action of infringement, then the suit will be filed under the territorial jurisdiction of the location of the Trademark Owners’ principal officer. Although the rights of the plaintiff are justifiable, in some instance, the court invokes the doctrine of ‘Forum Non Conveniens’ which is Latin for non-agreeing which further implies that the court can use its discretionary power and refuse to take jurisdiction.  

 

Intellectual Property rights have prevailed in India as an impeccable legislation which covers the basic concern of not the companies that are already established but also to those who want to start up and are in the initial stages of becoming entrepreneurs. Therefore, it suffices to say that the government has provided them a scope of distinction and has given them a unique selling point (USP) by way of Trademark Laws. 

Linear Perspective

“Neither you nor I speak in English, but there are some things that can be said only in English”, I think most of you must have acknowledged this sentence, it has been written by the famous Arvind Adiga in his first book ‘the white tiger’ for which he won 2008 Man Booker Prize, now you could make out easily that I was just reading this book before I have made up mind to write something here. Some days back I was reading Paulo Coelho’s The Zahir and in that this eminent writer has written that to write something one has to craft up his mind to really scribble down the feelings which it has trying to project from sometime, and for it to come in energy one has to read something. So I think the white tiger has become that something for me at this moment. Its 3:29 PM I could see at the bottom of my laptop screen and Ashiqui 2’s song is playing in the background, I could not usually concentrate on something if something is constantly nagging me, but at this moment I am so pumped up that I could not feel any disturbance neither by song nor by the noise of cutting stone(probably they are making Taj Mahal :P) which is coming from outside, my mind chose not to notice it, otherwise it always nags me to notice even the silence of air.
I know it would be little understating myself to say that I was never been a very good student nor I am any prominent personality in the society, but by writing I could reveal my invisible world to the world and compete on equal terms with the visible world of my surroundings, that is to say, materialistic things. Perhaps in this way I get the satisfaction and reason of existence in the society, although it is not the only reason.
Recently I went to Indore to meet my sister, she was married to an army officer 6 years back and after three years of their marriage they have blessed with twins, yes they are male, now most of you must be little relieved and seeing them with respect, huh… our society is full of irreparable mindset. Indore is just another city of India, nothing significant that I can talk about, but when you talk about Indore and Army, then you cannot overlook MHOW (Military Headquarter of War, that’s what it stand for, although there is total lack of unanimity as to how it got named ‘Mhow’), I think every Officer or Junior Officers has once in his professional career must have visited this place, this small town is totally dedicated to Army people, it has Infantry school, Army War College and pretty other Combat training exercise programmes. This place is considered to be peace time for all Officers and their juniors; they can stay with their family in some well suited government quarters provided to them. In their idle time, probably in the night they go to place called ‘Shangri-la’ it’s an open air theatre where they do some kind of discrimination (perhaps positive discrimination as what they call and I really cannot understand, being a student of law I have read this word to some other positive sense) among Officers and Junior Commissioned Officers (JCOs), like we saw it in the movie ‘Swades’ where people of upper class and lower class sit opposite to each other with cinema screen is the dividing line to both. However the discrimination is necessary in Army to maintain the dignity of army officers because they are more educated and trained, government spend more on them and in the battlefield they are going to lead the troops. Coming back to theatre, army officers wives they take more pride to sit on the officer side and feel it to be little more elevated all the time, perhaps that’s what make them to drink more alcohol with elegancy. I always wonder why do we consider army persons the most liberal and indiscriminate class, however I find it little ambiguous, they always call us civilian, sometimes bloody civilian and tend to forget that they also once belong to the civilian class, perhaps their parental home are still the part of so called other class called Civil. Okay, lets not degrade the dignity of Army officers, they protect us a lot in times of national threat and lives in such places where we could not even think of staying for an hour, but it is not always bad to point out something which we forget in the light of shock, surprise, curiosity and even little amusement.
The next day, my brother in law and my sister, they took me to another restaurant ‘the Red Maple’ or ‘Mashal’, it is one of the best restaurant of that area, if I could rate it then it would be 4 starred restaurant, although I don’t know what are the parameters to give these stars to any hotel or restaurant. It has big arch like entrance written with ‘RED MAPLE’ with red neon light, starting with big hall and corridor, on one side it has private air conditioned hall besides that there is one big swimming pool decorated with lights and tress all around it, we went directly to the more deeper side of the restaurant just behind the swimming pool, it has small park for children, then on the sides of the park they have placed the seating arrangement for those who wants to hog in open. The gentry was nice, what else could we expect in restaurant like this, people were dressed nicely, women were more concern about their dresses than their children, sometimes it looks they come here to show their well fitted dress then to eat, probably some hide their failure through their dresses, so that people could mesmerized by their outfit then to their real personality. The majority was of army officers only, however they did not feel elevated there because there were no such thing called officers lounge, except peeping to others as to what they are wearing and how well they are behaving, basic human instinct or more accurately woman instinct. We have ordered chicken dish, that’s the kind of universal fact or formality, if someone is non-vegetarian then he has to order non-vegetarian only otherwise there would not be any use of eating in the restaurant. It was delicious though, I have told my sister that she can cook better than this, she nodded in pride and conformity and replied that she wanted to show this place to me, sisters are always very kind and know their brothers well.
Later we return to our respective place which the government has chosen for us and I started feeling again the part of army life, my sister got to sleep at once, I made tea for myself, and sat to read the novel, “the curious incident of the dog in the night time”, it is very different kind of novel belong to vintage classics series, I have never read something like it before.

the girl who died

(Although I have written this story quite long back, I had even posted it on my Facebook 'notes' but I forgot to share it here. Today I was just going through my Facebook pages and I found it, I don't know exactly what made me to write this story, but I could still recollect the face of that girl who used to sit outside the ‘Cafe Yezdan’ where I always went for having tea in the morning. I always had this habit of giving her change if I ever get back from the newspaper vendor and I could still remember her face overflowing with happiness perhaps that was the reason I always inclined to give her some alms. In the evening when I used to come back from college, I always found her sitting at the entrance of different restaurants and cafes for the want of something which could give her subsistence and I always used to wonder what would be the exact condition of her life and it always made me sad, possibly that miserable feeling might being the reason of writing something which still gives me Goosebumps)

"I saw a girl asking for alms, her Lazarus eyes were begging for some help, help that can give her basic needs of life. But no one understands her basic needs were so little that it can’t even give anyone a comforting thought. In dirty clothes with a thirsty throat, she kept stirring and glancing into the cars, hoping for a little pittance, but none was there to pity her. She never complained for her destiny, nor she ever envied for other people’s life, she only desired for feeling of empathy from others that most of them felt for her. But alone empathy could not enough for her life’s comfort. She grown up running behind the cars, and chasing for her daily hunger, hunger of food, clothes and of people’s eye. She saw people spending bulk of money on their lifestyle which they already have, she saw people taking puff of expensive cigarettes’, and if it was given to her, she could have spent the day or two in that. But she never complained neither her destiny nor her lifestyle. There was a time when her mother used to call her by her name, but that was years ago, after her mother she did not even hear her name from anyone, probably she forgot her name also. She strolled around the streets, unaware of her ragged clothes; people laughed at her after seeing her half naked body. Some were named her as ‘paagal’, some were blamed her as ‘slut’, but none was there to save the chastity of her, although she never complained nor blamed, she thought life is like this only. One day a group of young alcoholic blood drove a car on the pavement of a road, and on the girl who slept with her half empty stomach, she screamed in a sleep, she thought it was a dream, but alas that was reality, her both legs were broken and with that her desire to live in this pitiless world. Till the morning she mourned in pain and help, but how could anyone helped her? Everyone was sleeping in their dream for making their luxurious life more luxurious. She died in the morning, her dead body was laid on the pavement of a road, people gathered to see her body, but none of them even thought of giving her a respective burial, although her body did not complain, nor blamed."

It's just "hi"

If there is anything called writer’s block, then certainly it is not applicable to me, but somehow I could relate the term to my condition. I wish, in fact very desirous to write something on this blog but I do not find any content to pen down, may be it is for the reason that I have not written anything since august last year, I might forget the style of writing or the imagination which I used to jot it down. At this hour, I am trying very hard to write even four lines for this so called my space where I can write anything on everything or everything on anything, does it have same reverberation? Sorry, I could not find any better word. ============================================================== It is always very sad to wake up with some bad news, in the morning I got to know about the unfortunate girl who succumbed with the pressure of glitz life, yes I am talking about Jiah Khan, she was just 25 year old, even younger than me, I felt helpless at that moment, I could not do anything, in fact we cannot do anything, but the people around her might, then why the hell they didn't. I feel pity on those who prefer to say RIP on their twitter account and get rid of their responsibility, the problem lies in the society, we choose to live in such society where everyone is struggling for glitz and when we don’t get it, we feel like losers. Sorry Jiah for this world was cruel to you, the world will never know the reason of your extreme step, and perhaps I fear they would do anything to know about it, I just pray that you live peacefully and happily in the after life. ============================================================== Ok, if you are waiting to read something about my life, I mean the present state then it would be a disappointment for you, because nothing new happened in my life or nothing significant occurred yet. But yeah I just want to tell that in the last week I went to rafting and camping in Rishikesh with two of my female friends, yes two of them, so nothing to worry about and it was really too much fun. Although I have been to Rishikesh several times, in fact my family resided there for 5 years, but this time it was really something different, I have explored the city as a tourist, a real tourist, I did not have any private vehicle, I had to bargain for each and everything, and managed the stay and food altogether. Perhaps that makes it more prominent and adventurous. We actually stayed there for 2 days and 1 night, it was in the form of package, and the resort was situated in the mid of jungle and the Ganges, yes it’s true. Believe it or not, but in the night we were so scared that we didn't even sleep for long, and we started thinking why did we chose this resort which is actually quite aloof, but then it was fun again. Sorry I am running short of time, I cannot explain you all the fun we had in the Ganges, but surely I will put some photos so that you could know at least how adventurous was our trip, but for now good bye.

m' back

There is something in writing which excites me, irrespective of the fact that I don’t know anything about writing, I hardly read novels but still I love to collect them, in my shelve I have dozens of them of different writers whom the world perspire, although I almost not have a courage to read them. May be it’s not a content but the style, perhaps the creative writing I like the most. This is the reason why I have created this blog and started writing. In my school days, I was more bent on reading poems of Indian writers, because they make use of simple words and rhymes in the poem, a poem without rhyme looks useless to me, no offence, but these days people writes poem with the most difficult words of the thesaurus without any rhyme, howler for me, I never enjoy it. They want to venture that part of their intellectual mind which apart from them no one could understand, and they want others to recognize them, how could anyone? And why? Remember ‘twinkle twinkle little stars…’ everyone enjoys it, I don’t even know who’d written it but this poem is so unforgettable and treasured. Suddenly I realize that I started writing this blog 4 years ago in the month of August only, and my last post was in August last year, and now in this month only I am writing again. :P the auspicious August for me. Well my blogdost, I am no more in pune now  yup I have completed a law degree and I am a damn fucking lawyer who could prefix his name with ‘Advocate’, truly I don’t like this prefix, how silly it sounds ‘advocate sahab or vakil sahab’, I am feeling so poor right now, ‘Lawyer’ still feels good, wish I could be London, then I would have called as ‘Barrister’, so royal isn’t it? But in reality we all the lawyers are law champs, we are all time more educated than anyone in the country, because we know how the country works and what makes it work from now there may be more law related post than on normal politics, I hope and I wish I would make it interesting even for those who doesn’t have any interest in knowing the law of their land.

India now...

A very Happy Independence to all…!!! Well this time I am at home on this Independence Day, for last some years I always celebrated this day away from my home. But this time, I m feeling little lighten up that I am commemorating with my family. Truly speaking there is no celebration of any kind, not even I wished my family, nor did my family wish me. To a certain extent because of ‘ramdan’, everyone is so much involved in fasting and praying that no one get the time for any other celebration. But at the end of this day, I am feeling a little patriotic so I thought if I could write anything here I might get release my feelings for my nation. A nation that had become independent 64 years ago, perhaps it’s my nation’s 64th birthday. I think I should celebrate, at least, if not with the crowd then alone, if not on the roads then in writing, but its somewhere my responsibility towards my nation to feel rejoice on this auspicious day.
In these six decades of freedom, India has substantially pushed into the fading memories of history; India is no more in the shackles of food scarcity, or any other dying urgency, but the urgency this country is facing today is more than the famines of 50’s. Indeed we have built some glittering cities where few masses are graduating every year, beating the world and attracting the world’s investment in the country, yet in vast stretches of this antique independent land, darkness, unfreedoms and despair persist. Hardly 30% of the population is living an urban life, still 70% are in rural areas and the worst part is if you ask any urban individual he will deny this fact because he sees the same urban life in the other parts also, but the truth is truth, you can’t deny the fact. If the development is to be talked about, then the whole country is to be taken, not only a few metropolitan or cosmopolitan cities. Still in some parts of Karnataka and other states, where they don’t have a toilet at their home place, forget about the public loos. Government is making big deals with private companies to construct big malls and marts in the cities, but what about those who never have seen the toilets in their area. This kind of huge economic difference in the same country is really disheartening and undemocratic in some sense. Democracy is not only meant for urbanized people but for a whole nation.
Recently new census data published and thankfully, our literacy rate is increased by almost 10%, but regrettably it is still hard to find an educated person. There is a very fine distinction between an education and literacy, a person can be a literate but may not necessary be an educated. A nation that is literate but uneducated is more likely to make poor choices in the home, the marketplace, the jury box and the most important at the voting booth. We are on same parallel lines; our nation might be literate but not educated enough to make distinction between good and better governance. Unfortunately, we have copied each and everything from the west, their clothes, their culture and their way of living, but we forgot to copy their commonsense and the commonsense will only tell us that education is an ultimate weapon, destroying ignorance, poverty and despair.
And then there is a permanent zones of conflict to which India with 3rd largest army in the world are not proficient to control, in the north’s east and north’s west part. Here people have taken up the arms and the government in their hands, molding the political situation as according to their guns. They claims it a self-determination, hope they ever understand the true meaning of it, and more hope on the government that it ever make these people understand it. We can easily curb these situations by allowing military regimes to that area, but the government is more reliable on paramilitary forces, and the poor soldiers are loosing their life which has no value, but a few thousands of rupees to their family. Hope ever government understands it.
And then the most hullaballoo politics of India, we speak about democracy here, surely we are in a democratic country, but democracy doesn’t mean that when a public raise their voice against any unconstitutional or undemocratic practices of government, they face the lathicharge and atrocities of the police in the name of law and order, which in actually they are breaking it.
The only thing which I find somewhere in a place is the role which the judiciary is playing these days, the way over the past years the judiciary showed their activism in the country’s working model like never before, it doggedly supervised an unprecedented corruption investigation, ended Salwa Judum’s reign of terror, struck down the vigilance commissioner’s dubious appointment, voided illegal land acquisition and banned unlawful mining and relentlessly pursued black money. These are some glory and victory that has been acquired by the judiciary. The court’s recent rulings reflect a broader trend of judicial assertiveness that happen in the early 80’s, and this judicial activism is partly to blame to our republic founders, they established a constitutional framework that endows the justices with wide jurisdiction and extra-ordinary powers. Under that framework a person can directly approach the court in fundamental rights cases bypassing the regular judicial hierarchy. Through the means of PIL, the court is now hearing a large number of public cases concerning about social, economic and human development, because of this, a large number of Indians are convinced that the court is an effective decision maker compared to our dys-functional legislators and politically cautious executive. This achievement in the eyes of common public made by the judiciary is really remarkable and outstanding.
So this is all for this Independence Day, right now I am watching ‘Anna Hazare’ episode on Indian government, so can’t write more. Hope he will make few changes in the current turmoiling situation of the country, and next time when I will write something on Independence Day, it would be a better picture than now. See you soon, I have some more things to share with you people, let see when I will come next time. Till then take care, Happy Independence week …...

...........................???

Its 2 o’ clock at night don’t know what to say morning or night, technically its morning time, but I better consider it a night one. My father always scold me for this as I always awake at nights, but for me night is something which gives me soothing effect; it’s so peaceful and calm. How could anyone miss it?

Just before coming here, I was reading a part of my friend’s novel, which is still half accomplished…my friend sent me some parts of it to read, and to tell him how he has written it. This novel initially was started 2 years back, though I should not say as most of you think that I am boasting around here, but the novel’s story is based on me, although it doesn’t have the same storyline as writer has already changed most of it. When the novel was started, my friend might not had that much excellence of writing and at that time he was little in hurry to complete it, but as the time passes, he also acquires the wisdom of writing, and in these two years, the pattern of the novel has been changed thrice. Now I must say, after reading some parts of it that my friend is not less than any acclaimed writer of this period. Kudos for my friend, that he has completed his half novel and that too with great fineness. The moment I was reading his novel parts, I was so emotionally captivated and trapped that it took me long to come out of it, and it was not because it is related to me, but it is so nicely written that anyone can drool over it. I can’t describe it more expressly, as I am not a writer and don’t know how to express my feelings over something. I am just waiting for this novel to complete and publish soon.

Apart from all this reading and writing stuff, finally in Pune again, its only been four years in this city, but it looks I have spent a life here, I was 19 when I came in this city, not even that much mature to understand the complexity of life, slowly and gradually u cud say this city makes me mature, I believe, I think I am mature now, mature enough to understand the care of my family, to understand the value of my friends, to understand the emptiness if they are not around, to understand the purpose of this life and to understand the belongingness of the people, I think I understand now. But what fears me most that its only few months left to leave this place, the place where I have grown up, the place which made me mature enough to love this only place, and the place where I met those people whom I called friends. I don’t know where we will be scattered after this college, but their reminiscence will always be centered in my memories.

A long came back ...

Hello everyone, hope u people good out there. I am writing here after a very long time; don’t ask me the reason what made me away from this so called sophisticated way to expressing me. Four months I believe, it’s a long period since I have posted something and in these months bulk of things happened in my life. I have collected so many things to tell you, but don’t know how to jot down here. It is one of the toughest tasks to write down your feelings, especially when your mind is full of collected dirt, you don’t even know what to carve and what not. Yesterday only my friend asked me the reason of not writing anything in this blog, I just nodded my head blankly, I got no reason. I just thought myself what’s wrong with me, initially I was so excited to write everything here, but suddenly out of no reason I just lost my interest in writing. There might be some incidents, or I could guess I might have been very busy in the last few months which kept me away from this. I couldn’t have told you people that I have left my last to last semester exams due to some chickengunya kind of fever (though its not related with chicken), which I had to give in this last semester. It was kind of curse of double hard work I have gone through the whole semester, the thought of giving 9 papers made me sick for the whole 4 months in the college. But thankfully it is completed now, and I m on summer vacations, enjoying and relaxing at home, having homemade food, trying hard to get in shape in these holidays but it seems hard, body is not that sympathetic towards me.
Yeah I forgot to tell you that I went to Lucknow, the city of nawab, in these never ending holidays to meet up my old friends. It was wonderful visit since I visited there after 8 years, so everything looks changed over there. When I stepped down at Lucknow station, the first thing I have seen the poster of Mayawati, it was felt that I entered in Maya’s world; Mayawati is like don in Lucknow. The whole city is covered into an elephant park, I don’t know from where she got the idea of resurrecting statues of herself and other eminent ministers. The Ambedkar Park is having a stupa kind of structure in the centre and there are statues of hundred of elephants surrounded the structure, creating a welcome lane for the dome. It still under construction, no one allows to go to that area. There is one statue of Gautama Buddha at the main entrance; it was much looking like that whole park is highly influenced by Buddhism. It might be considered or declared a monastery after its completion, till then no one has even slightest of idea what it is going to be, I doubt even Mayawati. Well whatever it is, the whole development of Lucknow is centered in that area only, otherwise the condition of the city is worse, u can’t get the proper sleep at night because there is no electricity to switch on fans, and the bites of mosquitoes are unbearable. I spent 4 days in Lucknow, and on every night there had a load shedding of hours, which really made me sick. If the state has such a bad management of electricity in the capital, what else one can expect in the other cities, the situation must have been worse than can be expected. One more thing I came to know from my friends, that even if all the lights has gone in the city, but the lights in the Ambedkar Park can never be disappeared. Strange! Those soulless elephants need lights to glow, but what about the people of the city. It was really pathetic to see such kind of management in the capital like Lucknow.
Well, this apart I met my one friend whose novel has been published, “Legally Lovingly Yours”, it is a love story, I could imagine, how we got bored with love stories written by number of IITs and IIMs pass out, but this time it was written by someone who is Law school pass out, so I would really recommend you people to read this novel as you might learn some laws of our country or else some good laws on love, this novel is already on its way to be called one of the best selling novel in recent times, I have already received one copy of it. I will start reading it after completing my present novel of Sydney Sheldon’s the other side of midnight, the best novel on suspense thriller I came across after Sherlock Holmes.
And yeah I have heard a lot about Baba Ramdev and his movement on corruption which somehow failed in Delhi, News channels continuously boasting their news on Baba, update of every minute is flashing on all News channels. It became a big political issue now. Let see what will be the end result of it. Just wish it will get over soon. Till then bye take care.

Justice in Injustice World...

I came back to Pune after accomplishing my apprenticeship in Supreme Court and Legal Department of ONGC. It was a good experience to be in real world facing the challenges of every day life. I just tasted a hectic life experience; it was kind of rehearsal to practice and confronting the horizons of career which unfortunately are not defined yet. I spent only 15 days in the Supreme Court, watching, feeling and attending the briefs of grieves of the people. To make a brief of a client’s case is a sort of an adventure for a lawyer, perhaps he would earn a good fee for it, but for a client it is definitely a risk taking factor. My grandfather used to tell me that even if someone has an unending wealth, he would lose all if he comes into the vicious circle of court procedure. And I evident it in the Supreme Court, in these 15 days I witnessed two people gone mad in front of this Supreme judicature, cursing and staining it as a mark of injustice. But there no one cares even the media people, who were standing with their dozens of cameras ready to shoot the famous cases Judgment, doesn’t bother of it. It is a depressing moment to see people going mad because of injustice they suffered by the Supreme Court of Justice. Now from where would they get their justice? I felt like people in the Supreme Court gambled over their cases, they were trying their last chance to ask for Justice in this unkind judicial system. Some were lucky enough to get their case admitted in the Supreme Court, because most of the time the Judges dismissed the petitions without even hearing it. There was a case of my father regarding seniority in Indian Forest Services, he was hoping that this time he might get the final reward of the case, but the opposite party bribed the bench of two judges and the judges dismissed the petition without even hearing the case, I don’t want to named those judges here, but this is pathetic, it is the condition of our higher judiciary then what one can expect it from the lower judiciary where the cases in actually initiates, their the conditions are much more worse.
When I was in first year of Law, one of the judges of the Supreme Court was a Chief Guest in judicial colloquia in our College. He was giving lecture about the condition of Indian Judiciary and the integrity of Justice in the Country which one has to maintain in this field. He was talking about the system of the cases in the Supreme Court and the method they use to tackle the number of cases. I was impressed and relaxed after attending his speech in our college auditorium; I had felt that at least in the Supreme Court one could get justice. But when I went to Supreme Court, I saw and felt that there is a limit of honesty as well and integrity too has a price. I found the same judge were taking bribes in my father case, it was a laugh and cry moment. I was thinking and remembering about his sayings on the podium of our college’s auditorium, suddenly I questioned myself, was he talking about this method of tackling the number of cases in the Supreme Court? I was thoughtless at that moment of time when I heard the echoes of two opposite sides of diplomatic Judges. The only thought comes in my mind is “uparwala dekh raha hai”, that is the only line which consoles the puzzled thought of my mind. There is no such word of ‘Injustice’ in HIS dictionary. I thought of those two people who gone mad in the Supreme Court’s premises, they might have not their voice heard in the Supreme Court, but they would definitely get their justice in God’s Court – the Highest Court of Mankind because their ‘der hai andher nhi’…

HAPPY NEW YEAR...!!!

Happy New Year to everyone, hope I m not so late to wish here, but better to be late than never. Today is the tenth day of this New Year and in these ten days nothing has been changed much, nevertheless I can smell the fresh sweet fragrance of the year 2011. As I told you earlier only that I won’t make any kind of resolution on the New Year, so I didn’t make, neither I found any. I flushed out all the worries and pain on the last day of the previous year, so to make a good start without making any sort of promises to myself. On the evening of 31st, I was with my friends, preparing and cheering for the celebration of the last night of the vanishing year and the first morning of the mounting Year, they were celebrated with their whisky and champagne and I was celebrated with my coke and lemonade. The time was surely to celebrate but something somewhere was missing, I was not able figure it out at that moment, the happiness of that moment was overwhelming. I was happy that the last year was ending with its ending curse, but unhappy of its wounds and echoing sound. With the surplus feelings, I went on to enjoy with my friends, leaving behind the cursed year. We took out the car on the night, racing around the streets, in the early hours of the morning, when all the people were sleeping in tired of celebration, we were on the road celebrating, shouting and racing the car. Some were driving with their unconscious alcoholic mind; some were driving in their joyful mind and some were driving in their usual mind, but we were driving in full of our mind on the streets of Delhi. We went to India Gate to capture some early moments of the great monument, we were the first to visit India Gate in the year 2011, wow… sounds good, but does it matter? No prizes for it. We had our first tea of the year in Chadni Chowk, my friends lighten up their first cigarette with chai (their favorite combination…). We drove around nearly all the places of Delhi in the freezing night cum morning of the budding year of 2011. The year starts with lots of fun and enjoyment, and I wish it goes well…..
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Well how many of us would like to live in a socialist society? I believe, very few or may be the answers are no. But what if socialism promises to be more peaceful and enjoyable, and then what would be our choice? I must say and I know that there have been a lot of arguments and confrontation on this issue, both the ideologies, at all times, are always try to put their arguments on par and in almost all over the globe there exist a capitalistic type of philosophy. You must be thinking why I put this issue again at the front. I just want to ask one very simple question to everyone before writing anything further about this issue that, what is the quality of good government or how you define a good government of a state? I should say, being a sane person, that to be called as a good government, a state should have a very good structure of judicial system, not only a good structure but also its administration and implementation of justice should be justifiable. The integrity of the country depends upon the nature of justice. Today I came across to one of the article of “The Hindu” which highlighted the judiciary system of China. I was surprised to see this kind of impressive hi-tech infrastructure of judiciary. Nowhere in the world is this kind of hi-tech facility given to the judiciary, not even in US and UK. The strength of the Chinese judicial system is that one can be a judge of High Court at the age of 23 only if he/she passes the National Judiciary Examination (similar to the Indian Civil Services examination), and further, one need not to be an advocate to become a judge as the qualification for taking NJE is graduation in any discipline including mathematics. They have very good sophisticated court halls backed by well knit archives for retrieval of any information at any time, and the best feature is these facilities are for every court on any level, same priority is given in providing infrastructure to lower courts also. There main aim is to get the justice done as soon as possible to maintain the value of justice, for instance, the death penalty awarded by a lower court after get recognition from Supreme Court, has to be executed within six weeks. And if for some reasons, it could not be executed within this period due to pendency of the pardon application, the two year limitation would come into existence. Thereafter, the appellate court may modify the sentence into life imprisonment. If China, being a Socialist country could maintain such a good judicial system where government’s accountability are at lowest in the hands of public, then why not in the country like India, where government’s accountability are at the highest in the hands of public, could maintain such kind of discipline in our judiciary? India being having the best constitution on the best principle of the world is yet not competent to muddle through the constraint in the judiciary. We always lack the other half of everything, we built up the nation but we forget to setup the base. What we need is the implementations, we have laws and everything but we scare to implicate it. Scared of whom? Politicians, they are not dangerous, but yet we frightened of them. They are scarecrows of our country. Here what we need is the concept of ‘communism’. We need communism in our system of government. We need one type of government, one party system, freedom of forming the political parties are the main hindrance in the development of the country. The recent failure of winter session is the best example of this multiple party system, 17 bills had to be discussed in this winter session of the parliament but because of the differences between the oppositions, none of the bill got the sanction of the houses. The reason is the back off at the last moment, since the opposition want JPC probe on 2G Spectrum, until it won’t discuss the bills. The purpose of the opposition party is to check and questions the work of government, but here the opposition is meant to pull the legs of the other party, rather than to make accountable for it.

(will complete it on my next post...gotta go...bbyyeee)

FREEDOM @ 63...

At the night of 14th august, I was standing outside the Church Gate Station in Mumbai, waiting for the taxi. A traffic policeman standing nearby to me, he was diverting traffic to other side of the road. I asked him, “Why are you diverting the traffic as this road is always open?” He replied, “For tomorrow the traffic plans is changed, there will be a visit of VIPs here so we are instructed to abandon the road”. Then I asked him, “How are you going to celebrate this Independence Day?” he started laughing by this question as I have passed some joke. Then he said in a satirical tone, “I don’t even have a time to pee and you are saying for celebration. Do you think I will celebrate it? I have no independence; tomorrow also I have to drag this traffic till night, and in the morning I will have to more vigilant as VIPs are coming on this road only.” He lighted a cigarette, while taking a puff he smiled and pointed me that this is my ‘celebration of Independence’. I gave him a return lack lustrous smile, took a taxi and moved towards my end. I stepped outside the coffee house in Colaba, met my friend there and told him all about traffic policeman, He was laughing at me and said don’t u have any other work than interviewing people on the old crap topics. He was telling me how his one holiday would be a waste just because Independence Day would be on Sunday. I laughed and told him to make a double celebration as for Sunday itself and another one for Independence that the country had got independence 63 years back. He started abusing ministers, bureaucrats, and in the last the latest offender ‘The Suresh Kalmadi’, came into his abusive tongue. We talked a little about Kashmir issue, but then nothing will be changed with our discussion, so we dropped the idea of discussing it and started enjoying the coffee and hot peoples surrounding with their independent dresses and ideas. After having our coffee session, we went to marine drive, sitting and facing towards Arabian Ocean, enjoyed the cool and wet breezes of sea, keeping our philosophical thoughts with in our mind, talking, walking, commenting, abusing we moved again towards Church gate station. I showed him the place where I met the policeman; he abused me again and went to the ticket counter. My eyes were trying to locate that policeman, but were unsuccessful. I boarded the local to Goregaon. I saw the time, it was 11:55, my friend was talking to me, but my mind was their in the past, 63 years back. This was the time when we got the freedom, our nation was declared free by our first Prime minister, Pt. Jawahar Lal Nehru. He gave the speech on the parapet of Red Fort at the stroke of the famous midnight hour in 1947 and since then raises a tradition of Independence Day tryst with the nation for every Prime Minister. The local train stopped at the Goregaon station, we got off, took an auto and left straight away to his flat. I was little tensed, happy, thoughtful, patriotic, a mix of emotions coming out of my mind, making me reckless and anxious to think about my nations past. When I reached his flat, I opened the facebook and posted on my wall, “Happy Independence Day” along with another quote, “Independence might be a dream for Indians, but after 63 years it still remains a dream…” I don’t know why I posted it. Are we still not independent? We still dream of independence, independence from whom, from poverty or scandal ridden common wealth games holding the country’s reputation to ransom and the government stubbornly refusing to be accountable for criminal mismanagement of public resources. What a common man think of it, on one side a poor public struggling to meet its daily expenses in this back broken price rise and on the other, the government spending lavishly on the commonwealth games for just 10 days of games to uphold its false image, which in actually doesn’t matter. The government who still is not able to understand, why there is an outburst in the valley of Kashmir, why people felt agitated and came out on the street? The answer knows every common men, but sorry to say not our government. We choose them, we made them and at the end we have to suffer them. I fear, whatever is happening in Kashmir valley, one day it will happen in all over India. At last how much a common man will suffer with this? Is this not anarchy? Everything seems to be in disorder, Naxalites took the advantage of our politics, we lost several thousand lives of CRPF, but then also why the government hesitate to give a chance to military personnel’s, they are well trained to handle these types of situation than those Para-military forces who doesn’t even having a proper training for these situations. It seems to be political agenda, introduce a little anarchy; everything will be in chaos and then rule over it. All to all, we are not even able to solve the issues of Khap Panchayat, comm’n they won’t be able to stand in front of our powerful judicial decisions, these are very trivial matters which irritates the public, it breaks the trust when the government do not take any stand just because the vote bank might shattered. We are paying for our choices, we indirectly choose the people on the top even though they are not efficient. I don’t think people chosen Omar Abdullah for this, he is sitting in a AC room and doing conference with other Indian Diplomats, why not he directly goes to the public and listen their voices what they actually trying for.
I don’t want to see figures that India’s GDP is growing with this percentage, let people feel it if it is growing. The newspaper has given the figures that how much fold India risen from 1947, but they haven’t given the figures of corruption that triple folded than those times. Whether it’s an IPL issue or a commonwealth games issue, all issues are showing that the government using public resources at large and we are sitting like schmucks, aren’t? We know that the corruption is there but then also we can’t do anything, because we are just marionette of freedom. We are happy to walk freely on the malls, eating in the MacDonald’s, wearing a branded jeans with our choice, if we think that this is the freedom, then my dear fellows, we are wrong. The meaning of freedom is changed, it is not that freedom where some group of revolutionaries, sitting and conspiring for British people, naah, now we want something more, we want freedom for our better being, a better and secured future. We don’t need a patriot who can die for the country, today we need a person who can live for it. We need awareness among the masses. And the awareness comes only through education, transparency and accountability, the government introduced RTI for better transparency and accountability but still we need more method to access public resources, the recent scandals shows that the government is still far away from the reach of common masses. Right to Education bill, and Right to Food bill is passed after 63 years (we were rejoicing…!), this would have done much before by the government. The definition of literacy is unique in our country, a person is considered to be a literate, who can write his name in Hindi or English, I won’t say write it, they actually ‘Draw it’. And with this definition we calculated our literacy rate as 67 % I fear how much it will be in real. We are living in darkness, yeah definitely no doubt we got independence, but we are not free yet, we need to break the shackles of intellectual isolation. Until we don’t make them accountable, we won’t able to solve the conundrums which limit our country’s growth. That policeman was right; we are still clearing and giving the way for anarch. It is much like anarchy of ruling class, of sovereign, and we are the puppets of sovereign. And in the end we use the term ‘Independence day’, think again, ‘Are we really Independent?’

The dream of choices...

Sunday night is quite rude; I don’t like Sunday night neither I go for any celebration nor I partying in this night. Even in my school days, I hate this night just because from the morning we again have to pack our appointments for the next one week and this thought always make me feel creepy. I like Saturday night, too much fun, no tension of any kind, no late night worries, coz you have a whole next day to sleep. And right now also I am generating a same kind of feeling, same kind of uneasiness, restlessness so I thought to put some agitation here in my writings. I don’t know why I write, no I am not a good writer, not even a writer basically, but then also it calms my mind. Whenever I write something, either I too much frustrated or I have nothing to do, but then it makes me happy. So I write, huh… why am I giving explanation, ok no more explanation. Yesterday night, yup Saturday night I watched a movie “Knowing”, anybody seen it? It’s really a good movie I like its concept. I wondered from where these guys take these types of different concepts. The whole movie is about forecasting a future, a small girl wrote a numbers on a piece of paper indicating a dates and position of the places where the accident would occur. Just think if really it could possible to write a future on a just piece of paper, then how it affects the life of us, still there are lot of future teller doing business by making fool of people with their undaunted attitude and people believe in them. If suppose they could tell the reality of future, or predict the death of any person, then the world certainly would be on their feet. But this power is not in our hands, we could only guess but we cannot predict exactly as what written by God. Nostradamus the great astrologer, who wrote “Centuries” in 1555, a book of prophecies, he predicted our future, many of his predictions proved to be factual and fatal too. He predicted the end of world in 2012, let see, what happen, if it could happen I won’t be there to write on this blog that he was true, but yeah in case if it would not happen and I would alive till, then I would definitely write something good on him and about the people of this world. There are many things which better to be unsaid and mysterious, imagine if we knew our time of death, then I am sure, I am not writing these things in peace and with this much care. The more we know, the more we get into turmoilation. So its better to not think over it and let the life moves the way it wants.
Yup I forgot to mention about Octopus baba!!! See how much superstitious we, aren’t? And because of our superstition we loose our half confidence. Octopus baba predicted that Spain is going to be a winner; the opposite team definitely had loosened their half confidence in the match just because of his predictions and especially when he was coincidently proven true in the past.
The truth is we don’t have any control in our lives, all things are already written that’s what we called fate. But even it doesn’t mean that we stop doing hard work. It is upon us how we choose any thing, God has written something in our fate that we will get for sure, but it is depend on us how we take it, we might take it through theft, cheating, misleading others or through a good and hard work. So it is on us how we choose our life, and life moves forward according to our choices. When we make a wrong choice, its consequence and outcome has to suffer by many innocent peoples, like what is going in Kashmir, it was a wrong choice of some people who thought it to be good at that time, but now it becomes a cancer for both the countries. The main cause is “the choice” we made in the past. So be sure to make any choice, Nature gives chance only once, and we have to make it in that chance only.
Today only I have read a special report of Times of India on Kashmir issues and turmoilation going there, really wanted to write more but time doesn’t allow me. May be I will write on 14th night, the day this horrible venom vaccinated into the bloods of India and Pakistan.

Friends forever....

Sunday + Friendship day, very great combination really a moment to rejoice upon. Well I have already made the day of friendship yesterday night only, we dine together had a very delicious and yummy food. Togetherness made it more delicious and yummy. It was a wonderful moment we all were sitting on a roof, cracking pranks on each other, remember the days we have been together, smiling and crying on our most memorable and unforgettable moments, shared a Laugh on how we discussed girls, went behind them, caught, and then reprimanded. How we fought, behaved like a junglee in the class, thrown a chalk on each other, spatting and showing biceps in front of girls, made a fun of principal when she spokes on a stage, planned to bunk the school, skipped a period in excuse of toilet, run like a dog in a recess, how always sat on a backbench and doing mathematics in the period of Hindi and English, playing games in computer lab and fought for a chance of it, wore a best dress on a casual day in a school especially to impress a girls, felt special on wearing casual belt on school uniform, never tied the button of a blazer, felt like winning a race when suddenly answered the question asked by teacher, gave a smirking smile on each other’s marks, mobbing on canteen, eating each other’s tiffin, deny to give a homework copy, felt proud of having a copy of a girl(haha..), etc... Those days were never come back, but we recall it every time we met; half of the time we only talk about our old memories and deeds we have done 2gether. These are the small moments which make the life wonderful. I never had thought that I would be having such kind of friends which become a life for me, without them I won’t be happy. My happiness depends on their happiness; if anybody is sad we contribute his sadness and try to make it less. I see my father, no matter how he wrangles up and tensed in his work, he starts smiling whenever his friends call him. After years when we too will be more busy in our life, when we will have more less time to meet each other, then also we will be remain a friends because in some part of our heart there exist a memories of our life time, which we called friendship.

Back to pune...

Hi everybody, hope u people are good upon. Well I came back to Pune, again into my whole own world where I have to do everything on my own. Unlike home where I just order to my mommy and every ordered thing is there on my side. Here I have to go for restaurant for food where I am paying for each bite but then also the owner is not listening to me properly, but at home I am not paying anything then also mom is forcing me to eat every single bite in my plate. Sometimes I feel how much I depend upon my parents; they are protecting me in each and every way. What happen when I own have to carry out this life forward? It really makes me nervous, but at the same time more prudent and tough. Whenever I have any problem I just call my father, he gives me the best advice without any kind of animosity and selfishness. Every day they are growing older leaving behind this world, teaching me the talent and an art of surviving in this world. I am worried and tensed that whether I could be able to survive without them, and after years they will be not here, then with whom will I ask and share my problems. Who will be there to give me this purest form of advice in this world? Who will support me or will I have to live the remaining life all alone? These are the things which really make me worried, sometimes it gives strength and sometimes it makes me weak. With this thought and repercussion, I always pray to Allah (sweet), and only one answer comes in my mind that, it is the way of life, nature made it like this and I have to bear with it. Life teaches everything, may be at this point of time I am worried about my stand in this life or may be after a decade I will be in a same position like my father and directing my children the way he does. It is the cycle of life, and I think the burden goes to Allah SWT, He has given us this life, and so He has a responsibility to show us the right path and makes us to follow that path. But beside we too have some responsibility and it is the responsibility of hard work. We definitely get the fruits but only in that manner in which we sown and wanted it to be. This whole life is a race track; those parallel lines on track are parents, who always guide us to be in that line to win the race, but some of us get distracted and break the lines to reach fast track but then distorted from the track.

THE COST OF COMMONWEALTH GAMES ON THE COMMON PEOPLE...

In the evening only I came back from the most constructed city of India, the construction work covered all over the capital. It has been increasing day by day, becoming a big question for the government to complete it before the targets. The work is on its full fledged in Delhi, the preparation for common wealth games are on high seas. The Government is trying to present Delhi as a newly wed bride, but still a lot of makeup left to decorate India’s capital which from decades left unnoticed. The polishing image of Delhi to the world as a world class city costs India a lot. No doubt, it became the best city not only in India but also in the world in terms of facilities. It is concluded that after its whole refurbishment it will be the fourth best city in the world in the matter of transport and facilities after some cities of Europe and America. But the big question is arising; will the money spent on its upliftment turn out to be the prudent investment in the end? Because once the whole event is over, then what will happen to the newly constructed stadiums in future? And the most important, will we be able to maintain it? As lot of money has already been spent on the luxurious beautification of the city, whether we will be able to uphold its maintenance cost in the future? We are expecting that these mega events will host a better opportunity for India in the world affairs and attract many tourists there after to visit Delhi contributing a large to the Indian economy. How will the investment affect the ordinary taxpayer of the country? The price rise has already been noticed by the country. The biggest chunk of the Delhi Government’s budget on the games is being spent on general infrastructure projects: Rs. 6.920 Cr on flyovers, railway bridges and road widening, Rs. 16,887 Cr on metro connectivity and Rs. 35,000 Cr on new power generation plants, thereby cutting the other field of budgets. It is going to change the face of Delhi especially for those who were visited here before 5 years; it will be difficult for them to identify its new arms. The whole Delhi is connected with metro rail, it makes very easy to move from one place to others in this era of traffic problem. The heart of Delhi – the Connaught place is already on the verge of completing, and I think it is after so many years it has seen such type of reimbursement for its ornamentation.
Initially, the budget was of 2000 Cr but it increased to an extent of more than 30,000 Cr. How could the estimation be wrong at this extent? It could have varied up to 500 or 1000 Cr, but 30,000 Cr. Is it possible? Definitely after games there will be a mass enquiry about the expenditure on games, would be conducted by the government on these govt. officials. I was in a Delhi university when students were talking about the pockets of the govt. officials who are in authority of using the fund, many were tried to get their transfer in Delhi to get the hand in the budget. But here already officials got tasted the blood of budget in their thirsty mouths. It is a cakewalk for them to do hera pheri in the allotted budget and again the burden is on the common publics who were forced to pay the tax for this unhandled allocation and slaying of budget.
With this misleading budget of government, one can make two inference, either Shiela Dixit knows about all the corruption taking place in the name of Common wealth games or She is so much obsessed in making the city into the world class capital that she unseen the fraud going on in the budgets. Or we can say she is ready to take these corruptive measures in order to complete the ongoing construction work anyhow before the expected time and on the cost of common people. Surely and certainly this common wealth games is taking away the wealth of common people.

A man is known by the book he reads...

“A man is known by the book he keeps”, I always find this proverb very interesting specially when you are surrounded by so many books. The only things which keep you moves forward in your life without any outlay are books and bicycle. These two always takes your life in forward direction, the books gives you a knowledge to understand past, present and future of life and make you identify with the complexity of life, while bicycle moves you forward without any consumption of any waste, except your energy which you ultimately regain it. Every book has its own style; the creativity done by the writer on his books is actually the effort of book. A book chooses its own writer, not a writer chooses its book. A book completed in the minds of writer much before he jotted down on papers. So as I was saying a book chooses its own writer, a writer only gives his expression or an idea to complete it. This theory definitely belongs to me; though it may looks weird to people but I am firm believer in myself created theory. I have been to many libraries, from ancient to highly modern, but I found one thing is very common and that thing is spirit of books. Every book in those libraries is trying to say its own history, creativity and effort that it had to been to reach there. It looks to me a living entity, whether it’s a fictitious book or non fictitious, when u open it a bundles of emotions, pain, happiness, sorrow, attitude (yup, a book too have an attitude), and the most important its story of making comes into your minds and forms a virtual picture of everything. You could realize how the writer had undergone through many phases to the creation of this wonderful creativity of words. It is an expression or medium or a means of communication to generation to generation or more than that. You can still read the mind of Hitler, if you read his autobiography; you can in actually imagine the situation and substance of that period. The best way to go into the past is to read the books of the past; no time machine can do this. Time machine may takes you back to the past, but then also it cannot takes you into the minds of the past. But book can take you in the past as well as in the minds of the past. That is the potency of the books, and that is why there exists a famous phrase “a man is known by the book he keeps”. But don't pursue only the words of this phrase, I mean don’t only keep the books, just go through it and make another phrase “a man is known by the book he reads”.
This thought mostly comes in my mind, when I read the books of “Shakespeare” and “Sir Conon Doyle”, their works are still into the minds of people. It still has a same charisma to attract all the readers of this newly wed world. Recently I completed a novel of “Sydney Sheldon”, ‘the Doomsday Conspiracy’, it was first published in the year 1991, today even after nineteen years still this book is ahead of us. He is such a terrific writer. I really feel the life of those to be useless who doesn’t read books and those wonderful words which was decorated by the wonderful writers. It is just a paper of words, but this very paper is holding the world’s knowledge and without it all things are useless. Just think, if we hadn't these assets then how could we come to know our past and if we didn’t know our past, how could we able to realize our present, and if we were not acquainted with our present then how could we strategise our future. So read the books, not only to know the magic of words but to know our past, present and future, without it I believe none of us would have been existed. And yeah always ride bicycle as it cleans environment and cleans you as well and moreover you will move forward without any backwardness (oil free world, pollution free world).

Backa' withe celebritae...

Well it’s a long tiresome, hackneyed and exhaustive journey I have made, again and again I am into travelling and travelling, but it’s ok I like the way my life is travelling into a terrific journey with add on extra experiences which ultimately making me a full of wisdom, wisdom of Solomon…, no… its a wisdom of Farhan.
The scariest thing in the world is over, yup exams!!! The blood thirsty!!! The only souvenir thinking in that moment is to think of its ending, in exams even the work of labour looks easy and calm. But no more worries as now I am free from all shackles of exams and classes for a limited period of two months. Thank God.
Right now, I am at home feeling more relax than anywhere, temperature is also lowered since I came here, not like Delhi…ugh… Delhi is boiling, melting and evaporating peoples. I like Delhi but not in summers, it is ugly in summers but then also it is one of the best city in India, perhaps better than any city in terms of facilities. Don’t worry; I am not going to do any kind of favoritism. Leave it.
Let’s talk about something …hmm… politics …no…; happenings…no…; films…no…; travelling…no…it’s boring now, then what would I write here, is there any thing special…? Ok then I will tell about my sudden meeting with ‘Guddi’…oppss…Jaya Bacchan. It was a co-incidence; definitely it had to be, as for we peoples. This unexpected encounter happened in Kayani bakery, one of the India’s famous bakery. I was standing in a queue waiting to get my order for Mava Cake…ummm…I m lov’ng it…then only I saw one lady coming towards me, having an familiar acquaintance, looking quite like a wife of Amitabh Bacchan, but soon this quite turned into sure thing, first I thought she must be resembling like her, but then I was wrong she was Jaya Bacchan. It was very pleasant to see her just next to me. As from her looks she doesn’t look like a celebrity’s wife or celebrity herself, her simplicity carrying pardonable features. She tried to raise her hand for an order, leaving behind my hand, I looked her in an uneasiness, suddenly she said, “sorry my dear, I am really very sorry”, hehe…Jaya Bacchan is saying sorry to me, I felt good, in actually I was ready to give my place to her if she wanted but as soon bakerywallas seen her, they all moved over her praising, wishing and giving her a special status which she deserves for being a celebrity. Everybody in the bakery was pointing each other that Jaya is also a part of their queue, one lady I remember she came after a few minutes of Jaya, as when she saw her she just let out her phone and called her husband that she is with Jaya Bacchan, hehe…her husband must be thinking of private interaction but it’s all about public demand. Nothing matters to her. How the life of celebrity affects with this public image, no freedom, they have to pay the price of freedom for their status of celebrity? Or we can say how the life of common man affects when we see such a big stars wandering in the same place where we wander everyday, but we don’t realize that they too are the part of this society, they are not alien. They too having a same kind of features, same nose may be in different style, same ear, same mouth, and the same way of spreading emotions. So what is special?

One more incident I remember, I use to eat everyday a plate of fruits in the night after dinner, so it became my routine, everyday I go, sit, talk and gossip with a little friends of mine whom I met their only. One of my friend thier is in the field of media, he always showed us a picture of big celebrities, may be paparazzi style, so he told us that Shahid Kapoor is a very good friend of him, we all started laughing for his fekology, but to prove himself he started taking ‘kasam’ and all. Then I told my friends its ok, may be he is having good relations with Shahid. Then he was telling that at the time of engagement her wife was also not ready to accept that Shahid is his good friend, so he called him up and asked him to talk her. Then only she accepted. He also invited Shahid’s mom in his marriage. We all are nodding our head to each other and thinking for his pride that he is wanting in return for his friendship with Shahid. Too much craze, really celebrities are having a very good time in India. May be for Shahid Kapoor and Jaya Bacchan, the value of these persons doesn’t matter, but it matters a lot for them who are cherishing their whole life just to tell others that I met Jaya or I am a good friend of Shahid.

Alright guys, I just came here to tell you that I am back with lots of things to tell you, as I have already told you that exams got over, so I am free to do anything with a free mood and free ideas. Definitely I am not going charge not even a penny for everything what I have written here, it’s really free of cost until you owe me something by giving your unpardonable ideas and comments. Yup I forgot one thing; in my last post I had a Chinese invasion in the form of comments, I don’t know what they have written, or intended to write, whether it was a praise or braise, but I am happy that at least they are posting their comments, though I don’t understand even a single letter of them. But I have request to all of them to write in English …even if it is some what abusive. Doesn’t matter, u people are free to say any thing after all we are living in free society, freedom of speech is guaranteed by our most lengthy constitution, too lengthy to implement…oops…
Ok then bye, read, eat, write, sleep, speak, weep…but do it properly…hehehe…take care ofurself and pleaseeeeeee…don’t spit on roads…pleaseeeee…

LET'S FOOL AROUND .......

Hey today is April fool day, is it a happy (fool day) or sad? Let it be fixed by others who are not fool. By the way, why we make this day, any significance? Oh c’mon don’t tell me to Google it down to know about it. I only know that this festival or special day (don’t know what to say) was given or gifted (very bad gift) to us by our most intelligent rulers of our country – the Britishers. They are intelligent because they ruled almost half of the earth or even more than that. But then why they celebrate fool day, don’t understand the logic behind it and really don’t care. I think they celebrate because they fool half of the world with their fooling tactics. Oh my God, this is the reason, and to maintain its significance we celebrate (bad celebration with bad reason) fool day. I hope it is celebrated internationally, well apart from its logic which nobody really cares. We just celebrate it like a normal special day. How could it be normal and special at the same time, ufff.. sometimes I write contradictory statements.
When I was a child, I used to make fool to my elders and whoever comes to my home that day either by applying my little brain or passing jokes which really could not had any meaning. But then also I felt happy just because I made somebody a fool, my day became successful. And now today when I really and easily make anybody a big fool, but I don’t really urge to do these kinds of activities. And the truth is I don’t even remember this day, but thanks to message services in mobile and special thanks to all networks that made message services at a very cheap rate almost free. From last one week I keep on receiving messages on April fool day. And wholly and partly I aware these days through messages only and why not because in this last week I became a fool 100 of times by these message sending people. Every time they come up with new ideas to fool others. Believe me, though it is sometimes irritating but then also I love sending and receiving messages, at least some people spend a few minutes in a day to send and read those funny, sometime emotional, sometime sexy and sometime knowledgeable messages. I really admire those peoples. Thanks to all my friends who send me messages everyday and make me to remember them. It is just a way to remember those peoples. Everyday I can’t talk with all of them but I can send a message just to tell them that I remember u at this moment.
Oh from fool I remember the title of my friend’s novel, he is writing one novel named, ‘let fool’s around’ hope u people got the meaning. Even I m little bit confused whether it ‘let’s fool around’ or ‘let fool’s around’. Does it sound different? Whatever it may be, it is a wonderful novel, I read some part of it, it is really funny… hope soon it will come into a market and u people also get a chance to read it. Must read it, it is written in a different manner.
Now I think I should go to the bed before it’s too late. Well it’s already. But then hope I will feel more relax after writing something for you people. Hope I will get good comments, don’t try to fool me. Hehehe. Let’s fool around every where because it’s a fool day, no it’s fool‘s people day, intelligent people don’t need to celebrate, but then who thinks himself intelligent are the biggest fool. Lols. Ouch it’s 1st April. Fooling atmosphere. I can sense it. Hope I will make some fools in my dreams. Hehhe…byeeeeee take care …love yaaaaa…..gud nite…

DYING IN THE HANDS OF HAPPINESS.....

What is certainty? It may be something which is clearly assured, but then is there anything which is clearly assured or certain in this life. Yes. The certainty of death, it is a termination of life, an extinction of your presence from this world which no more of yours. It is the end of all comfort which you strive for your whole life; all those materialistic things are no more of yours. Then what would be yours at the time of death? Is that the money which you earn for whole of your life or the home which u have built throughout your life?
Nothing in life is as certain as death, death is the only certainty; everything which took birth in this world has to leave this world. Everything which is appearing to us will be disappeared someday. Everybody wants to live in the present and the future but have we ever thought of living in certainty. Is it because we are afraid of certainty? We spend whole of our life in an illusion that this world belongs to us, no, either we belong to this world. We plan and set programmes in advance when we don’t even sure of what is going to be happen in the next moment. We rush about, packed schedules and back to back to appointments, but then why we are doing this when we have to leave these things. We are willing to kill each other just for the little part of earth, which surely and certainly we are going to leave in this world only. There is so much to do and so little time. But if we lose our peace of mind, then what is the point? It is not enough to be on the fast track, we also have to go in the proper direction. Otherwise the whole life is the waste of time and opportunity which God has given us in this world.
There are 3 important days in our life, the first is the day when we are born, the second is the day when we realize why we are born, and the third day is the day of disappearance. Unfortunately, we mix second day with the third day, we realize our purposely presence in this world at the time of death only, but then there is no point of realizing. The second day never comes in our life. We work like a workaholic, the whole life we rush like a dog, but at the end we don’t get anything. We live mechanically from the day we born until the day we die. We will be able to appreciate the beauty and magnitude of life only when we realize its true purpose. And what is the true purpose, ego, greed, pride, hatred, dishonesty, war, killing each other, certainly not. My mother always used to tell me, “this life is a gift for you, don’t waste it either by fight with each other or troubling others, this is a life of two days, so don’t make your life hell by running behind materialistic things, make it simple and spend it simply.” All bad things die with the dying of peoples, but good things are always immortal.
So what would be ours at the time of death? This is the question we have to ask ourselves. The prophet said, “The wise man is the one who remembers death and keeps himself in a state of preparedness to face this eventuality. Death might then be an occasion of rejoicing rather than one of sorrow and repentance.” At the time of death, we own the good things what we have done in this world, and how we behave to our fellow human beings. There is no way to peace and happiness, but peace and happiness is the only way.


- MOHAMMED FARHAN KHAN

RAPE TO SEXUAL ASSAULT....

The government has decided to amend the Rape section of Indian Penal code, now the term “Rape” will soon be replaced by “Sexual Assault”. This will broaden the definition of section 375 of IPC. It is an effort to construct gender equality and make it more neutral as a crime against human body. Until now and till the bill get passed, rape is an offence which can only be done by man, not a woman, so the sexual assault done by woman are not covered under this section. In actually there is no section which covers the assaults by a woman. But by the new definition of rape which would be passed in next bill, the definition will be broader and covers all the sexual crimes inflicted on women, men and children. It not only covers the act committed by men but of women as well, the new section can be slapped on accused of any gender that has performed the act.
Moreover, a hitherto in section 375 a penetration is sufficient to constitute the offence of rape, but with the proposed replacement coming in, it will also cover crimes like Sodomy, fingering, inserting any foreign object and other similar offences which do not cover under the present definition of Rape under section 375 of Indian Penal Code.
In the judgment ‘Smt Sudesh Jhaku v KCJ & Ors’ in 1998, the Delhi High Court was urged to interpret the term ‘Sexual Intercourse’ and ‘penetration’ used in Section 375 in such a way as to bring within their ambit not only penile-vaginal penetration but also penetration of any part of his body, like fingers or any foreign object like stick or bottle into bodily orifice of woman. The court ruled that ‘sexual intercourse’ and ‘penetration’ mean only the penile vaginal penetration. It held these terms cannot be interpreted to bring within their fold the vaginal penetration by fingers or any other object. Dismissing the petition, the Delhi High court held that it is for the legislature and not for the judiciary to give wider interpretation to the words ‘sexual intercourse’ and ‘penetration’.
In 2004, Sakshi, a voluntary organization providing legal, medical and psychological help to women, through a PIL, urged the Supreme Court to issue a writ in the nature of declaration that ‘Sexual Intercourse’ as contained in section 375 of the IPC includes all forms of Penetration (penile-vaginal, penile-anal, penile-oral, finger-vaginal, finger-anal and object vaginal). But with a view to avoiding chaos and confusion in the law dealing with rape and in the interest of society at large, the apex court also declined to alter the definition of ‘Rape’ through judicial interpretation.
From these major judgments given by our judicial organ, the parliament now decided to prepare a draft for its amendment and give it a new meaning and interpretation. It has been said that the current mulling of bill is also because of the landmark judgment given by the Delhi High Court in decriminalizing sex between two consenting adults of same sex last year and to harmonize the provisions of law to prevent sexual crimes among homosexuals as well.
But as if section 375 would cover homosexuals as well in the ambit of sexual assault then what would section 377 stands for? It has been held in Naz foundation case that the Section 377 will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minor. Let see how government will interpret and make a use of these section for the betterment of large number of people.