2019 Strategic and Political Analysis-1

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darshan
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Re: 2019 Strategic and Political Analysis-1

Postby darshan » 08 Aug 2019 19:11

Content On Netflix, Hotstar, Amazon Prime & Others Can’t Be Regulated By Cinematograph Act: Karnataka HC
https://swarajyamag.com/insta/content-o ... rnataka-hc

_______________________
Bombay HC Bans Slaughtering Of Goats and Sheep Inside Flats And Houses During Bakrid
https://swarajyamag.com/insta/bombay-hc ... ing-bakrid

_________________________
Gujarat High Court quashes FIRs against Teesta Setalvad over Twitter post
https://www.dnaindia.com/ahmedabad/repo ... st-2779913
Quashed two FIRs registered against her in August 2014 for uploading objectionable images of Hindu deities on Twitter. The relief came from the single-judge bench of Justice AS Supehia.

ramana
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Re: 2019 Strategic and Political Analysis-1

Postby ramana » 08 Aug 2019 20:06

darshan wrote:In a head scratcher. Hopefully, courts take it further and themselves start writing in Hindi and not illegible english.

‘Too Much Flowery Language’: Delhi HC Slams Use Of Urdu, Persian By Cops In FIRs; Seeks Explanation
https://swarajyamag.com/insta/too-much- ... xplanation

The Delhi High Court on Wednesday (7 August) directed the Delhi Police Commissioner to explain the use of Persian or Urdu terms in a FIR when the same are not used by the complainant, reports The Hindu.

“Too much flowery language, the meaning of which is to be found out by a dictionary, should not be used. An FIR should be in the words of the complainant,” said the Bench of Chief Justice DN Patel and Justice C Hari Shankar.


I always said Indian Police system is Anglicized Mughal Daroga system.
Next call the Commissioner, Kotwal.

Really need to redo the Indian Police Act of 1868

vijayk
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Re: 2019 Strategic and Political Analysis-1

Postby vijayk » 09 Aug 2019 16:05

Utkarsh Anand
@utkarsh_aanand
#Ayodhya hearing Day 4 begins with the #Muslim side raises objections to 5 day a week hearing.
Sr adv Rajeev Dhavan says it will be difficult to prepare the case if SC hears it on all five days a week
"Can't go on like this", says Dhavan, adding this is the first appeal.


Utkarsh Anand
@utkarsh_aanand

#CJI replies he will consider Dhavan's submission at an appropriate stage. Sr adv K Parasaran resumes arguments.

#AyodhyaCase
#RamMandir



Utkarsh Anand
@utkarsh_aanand
"I am sure no other judge on this bench except for Dr Chandrachud would have read the entire judgment of the High Court": Sr adv Rajeev Dhavan, appearing for #Muslim side in the #Ayodhya case, objected to fast-tracking the matter


CON lawyer outed his friend on the bench who will do anything to go against the law/constitution.

Dr Chandrachud will be a CJI one day. Can MSD do anything to avoid that?

pankajs
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Re: 2019 Strategic and Political Analysis-1

Postby pankajs » 09 Aug 2019 16:09

There are many things that can be done. Let MAD worry about it.

Modi is bound to push for Judicial reforms sooner than later. Expect fireworks.

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Re: 2019 Strategic and Political Analysis-1

Postby siqir » 09 Aug 2019 16:53

swamy sez

https://mobile.twitter.com/Swamy39/stat ... 7244121088

In the future Namo Govt must restore Privy Purses of ex Royalty who mostly voluntarily merged their kingdoms with the residual Bharat. Sardar Patel assured them Privy Purses for it. Mrs G arbitrarily without provocation abolished it in 1970s.


also brought up gorkhaland and recently had visited nepal

may or may not be connected though

chetak
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Re: 2019 Strategic and Political Analysis-1

Postby chetak » 09 Aug 2019 16:53

an attempt to whitewash nehru's rather dubious role in the accession of cashmere and downplay his true and motivated contribution


How Kashmir was won from Mountbatten & Jinnah



How Kashmir was won from Mountbatten & Jinnah

Lord Mountbatten was the first person to raise the issue of the future of the state of Jammu and Kashmir with Maharaja Hari Singh once the partition plan was announced on June 3, 1947.

07 Aug 2019.

India expected Britain to use its influence on Pakistan to call off aggression in J&K, but Clement Attlee, PM of UK, refused to intervene and suggested Nehru to rely on “proper channel” of the United Nations.

By Avinash Mohananey

History consists of a corpus of ascertained facts. The facts are available to the historians in documents, inscriptions and so on, like fish on fishmonger’s slab. The historian collects them, takes them home and cooks and serves them in whatever style appeals to him,” wrote the famous historian EH Carr in 1961. It is so true even today. It is not new that historical facts have been cherry-picked and opinions let loose like unbridled horses. One witnessed it so since last evening on Jammu and Kashmir – everyone seemed to be an expert on the subject without even knowing the facts. What I propose to do is to place the facts in their historical context and my understanding of the same and leave it to the judgement of readers to make their own interpretation.

Lord Mountbatten was the first person to raise the issue of the future of the state of Jammu and Kashmir with Maharaja Hari Singh once the partition plan was announced on June 3, 1947. On return from his trip to Srinagar (June 19 – 23, 1947), Mountbatten briefed his staff that Hari Singh was politically very elusive and avoided meeting on last day pretending colic pain. Mountbatten claimed to have told Hari Singh that he should not declare independence but find a way out to ascertain the wishes of the people and send representatives to either of the constituent assemblies before August 14.

He went on to say that the newly created state department was prepared to give assurance that if Kashmir went to Pakistan this would not be regarded as an unfriendly act.

A questionable assertion of Mountbatten that is not borne by the correspondence Sardar Vallabhbhai Patel, who headed the state department, was having with Hari Singh. On July 3, 1947, Patel had proposed to Hari Singh that the interest of Kashmir lay in joining the Indian Union and its constituent assembly without further delay. To allay apprehensions of the Maharaja, Patel reminded him that Nehru was proud of being Kashmiri and he can never be your enemy. The same day, Patel had also raised the issue of continued detention of Sheikh Abdullah with Ramchandra Kak, PM of J&K, seeking his release.

Giving an entirely different version of his discussions, Mountbatten told Jawaharlal Nehru on June 24, 1947, that he had told Hari Singh not to decide on joining any constituent assembly till Pakistan constituent assembly was set up and the picture became clearer. He had also suggested that in the interim Hari Singh should not declare independence and enter into “standstill” agreement with both the new states. And this is exactly what the Maharaja did. He signed the agreement with Pakistan and avoided discussion on the same with India.

Earlier, Mountbatten had stonewalled the requests of Nehru to visit the state to ensure release of his friend Sheikh Abdullah, who was arrested by Hari Singh on May 19, 1946, when he was on way to Delhi on the invitation of Nehru. Nevertheless, Nehru gave a note to Mountbatten before his departure for Srinagar on June 17 in which he clearly brought out that “National Conference has stood for and still stands for Kashmir joining the constituent assembly of India”. Later, Mountbatten very reluctantly allowed Gandhi to go there in August, only after seeking assurance that the latter would not indulge in any political activity during his stay there. Soon after release by Maharaja on Sept 29, 1947, Sheikh Abdullah rejected the proposal of Jinnah asking him to support merger of Kashmir with Pakistan.

Maharaja’s game plan of keeping the state independent became vulnerable once Pakistan was formed on August 14. Jinnah made approaches through intermediaries with the Maharaja to join Pakistan, but without success. Among the Muslim leadership in the state, Jinnah could never develop a relationship with Sheikh Abdullah, as he wanted to be the sole spokesman of Muslims and, unlike Sheikh, believed in religion being the basis of nationhood. He always believed that Kashmir was a ripe fruit which would fall into his lap keeping in mind religious affinity, geographical location and economic connectivity.

The only other option available to Pakistan was to use force. In September 1947, Pakistan first blocked the supplies of essentials (food, petrol and clothing) to the state and thereafter sent tribal raiders to take control of the state on October 22. As the fear of losing his state to raiders gripped the Maharaja, he signed the Instrument of Accession and left for safety to Jammu. India accepted the Instrument of Accession on October 26 that gave it three subjects of defence, foreign affairs and communication. Simultaneously, the Maharaja had to appoint Sheikh Abdullah, the most popular leader, as Emergency Administrator.

Jinnah was furious and wanted Pakistan Army to march towards Srinagar, but could not get it implemented, as the force was at that time headed by British officers, who threatened to pull out if the order was not withdrawn.

Thereafter, for the first time, the offer of plebiscite was made by India during the meeting of Lord Mountbatten, Governor General of India and Mohammad Ali Jinnah, Governor General of Pakistan on November 1, 1947, at Lahore, which was promptly rejected by the latter. Jinnah made a counter offer, which was unacceptable to India, of holding of plebiscite supervised by the two Governor Generals. With Sheikh Abdullah in power, India was confident that Muslims in the state would not vote for Pakistan in any plebiscite and had no hesitation in proposing the same. For the same reason, Jinnah was opposed to holding of plebiscite with Sheikh Abdullah as Emergency Administrator.

After several acrimonious exchanges of correspondence and two meetings between Nehru and Liaquat Ali Khan, Prime Minister of Pakistan, India realised that there was little hope of resolving the issue diplomatically with Pakistan. Militarily, it was necessary to strike at the supply lines of invaders passing through Pakistan, which meant a war between the two dominions.

But Britain was averse to any hostilities breaking out between two of its former colonies. Britain feared losing frontier with their new enemy, Union of Soviet Socialist Republics, and strategic control of Indian Ocean.

India expected Britain to use its influence on Pakistan to call off aggression in J&K, but Clement Attlee, PM of UK, refused to intervene and suggested Nehru to rely on “proper channel” of the United Nations.

Left with no option, India lodged a formal complaint to the UN on January1, 1948, demanding directions to Pakistan to deny to invaders use of its territory, desist from extending military and other support and prevent Pakistan military and civil personnel from taking part in invasion of Kashmir.

Therefore, in my understanding, the three main culprits for the Kashmir conflict of 1947 and division of state were Lord Mountbatten, Muhammad Ali Jinnah, Governor General of Pakistan and Maharaja Hari Singh. On the other side, the three tall leaders, who played a crucial role at that time in getting the state for us were Sheikh Abdullah, Jawaharlal Nehru and Sardar Vallabhbhai Patel.

(The writer is a former Intelligence Bureau officer, who served in Pakistan and Kashmir)

darshan
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Re: 2019 Strategic and Political Analysis-1

Postby darshan » 09 Aug 2019 17:03

Long list of Hindu jaichands. And Ayodhya case had many more to expose.

siqir
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Re: 2019 Strategic and Political Analysis-1

Postby siqir » 09 Aug 2019 17:09

"mostly voluntarily merged their kingdoms with the residual Bharat"

so maybe nepali terms and conditions?

chinese certainly didnt see any point in having a buffer state

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Re: 2019 Strategic and Political Analysis-1

Postby Vips » 09 Aug 2019 18:05

^^ Even if Justice Chandrachud on becoming CJI displays pro-muslim tilt (I am not implying he will surely do it), remember the verdict will be on the basis of a majority of all the judges hearing the case.

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Re: 2019 Strategic and Political Analysis-1

Postby Hari Seldon » 09 Aug 2019 18:27

Vips wrote:^^ Even if Justice Chandrachud on becoming CJI displays pro-muslim tilt (I am not implying he will surely do it), remember the verdict will be on the basis of a majority of all the judges hearing the case.


CI decides case roster - who gets what cases. CJI can pack benches if so inclined. Just saying. only.

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Re: 2019 Strategic and Political Analysis-1

Postby Vips » 09 Aug 2019 18:29

ramana wrote:
darshan wrote:In a head scratcher. Hopefully, courts take it further and themselves start writing in Hindi and not illegible english.

‘Too Much Flowery Language’: Delhi HC Slams Use Of Urdu, Persian By Cops In FIRs; Seeks Explanation
https://swarajyamag.com/insta/too-much- ... xplanation

The Delhi High Court on Wednesday (7 August) directed the Delhi Police Commissioner to explain the use of Persian or Urdu terms in a FIR when the same are not used by the complainant, reports The Hindu.

“Too much flowery language, the meaning of which is to be found out by a dictionary, should not be used. An FIR should be in the words of the complainant,” said the Bench of Chief Justice DN Patel and Justice C Hari Shankar.


I always said Indian Police system is Anglicized Mughal Daroga system.
Next call the Commissioner, Kotwal.

Really need to redo the Indian Police Act of 1868


The bolded part - We should immediately change the Act for Juvenile Criminal's and change the law to treat 15-16 years old instead of 18 years old to be treated as adults for committing various criminal acts. If you see any report of rioting, rapes and other such crimes a lot of 15 and 16 year old are being used by the peacefools to commit crime knowing fully well that they will just get 2-3 years of probationary custody and a super rehabilitation programme being supervised by suspect NGO's and Congi/Left Jaichands. Need to plug this loophole on an urgent basis.

chetak
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Re: 2019 Strategic and Political Analysis-1

Postby chetak » 09 Aug 2019 18:49

My German Shepherd had the very same look on his face when the vet inserted a thermometer to take his temperature.


Image
Last edited by chetak on 09 Aug 2019 18:51, edited 1 time in total.

arshyam
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Re: 2019 Strategic and Political Analysis-1

Postby arshyam » 09 Aug 2019 18:50

IIRC, there is a provision now to try a juvenile as an adult if the age is close to 18 and the crime is serious. It was one of the changes brought about by the Modi-1 govt.

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Re: 2019 Strategic and Political Analysis-1

Postby A_Gupta » 09 Aug 2019 19:15

Extreme anti-India stuff in Israeli newspaper is making the rounds.
https://www.haaretz.com/opinion/hitlers ... -1.5628532

These two provide some context in light of which all the stuff in the article is innocuous.
https://www.theguardian.com/world/2016/ ... n-70-years

https://www.hindustantimes.com/india/ta ... b0GVM.html

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Re: 2019 Strategic and Political Analysis-1

Postby pankajs » 09 Aug 2019 20:19

Modi/Shah rushing to meet the hospitalized Jaitley is not a good signal.

Vips
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Re: 2019 Strategic and Political Analysis-1

Postby Vips » 09 Aug 2019 22:12

arshyam wrote:IIRC, there is a provision now to try a juvenile as an adult if the age is close to 18 and the crime is serious. It was one of the changes brought about by the Modi-1 govt.


Yes but under the present rules it is to be used as an exception with lot of special procedures are to be followed and justification to be provided etc. What we need is a blanket lowering of the age to be ready for such juvenile but hardened criminals.

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Re: 2019 Strategic and Political Analysis-1

Postby KJo » 09 Aug 2019 22:13

Arun Jaitley in ICU.

chetak
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Re: 2019 Strategic and Political Analysis-1

Postby chetak » 09 Aug 2019 22:34

Since March 2018, Court extended interim protection from arrest to accused P Chidambaram and Karti 20 times. Read details



Since March 2018, Court extended interim protection from arrest to accused P Chidambaram and Karti 20 times. Read details

Former union minister P Chidambaram and his son Karti have got an extension of their interim protection from arrest for a staggering 20th time. All the extensions have been granted by CBI special judge OP Saini.

SHASHANK BHARADWAJ
AUGUST 9, 2019


On Friday, Former Union Minister P Chidambaram and his son Karti got interim protection for the 20th time from a Delhi special CBI court in connection with the Aircel-Maxis cases filed by the Central Bureau of Investigation and the Enforcement Directorate.

Reportedly, the Delhi court has now extended the interim protection of the father-son duo till August 23, 2019. Special Judge OP Saini extended the relief, which was to end today, stating the court was not available for arguments.

What is the Aircel-Maxis deal?
The Aircel-Maxis controversy, a case which has been carrying on since 2011, has its roots in the 2G spectrum ‘scam.

A Malaysian firm named Maxis had acquired Aircel by buying a 74 per cent stake in it in March 2006. The company also allegedly invested Rs.742 crores in Sun Direct, a company chaired by former Telecom Minister Dayanidhi Maran’s brother, Kalanithi Maran in 2009.

In October 2011, the CBI filed a case against Dayanidhi Maran on the basis of Aircel founder Sivasankaran’s complaint. The FIR also stated that a company owned by Kalanithi had received an amount of Rs.549 crore for facilitating the Aircel-Maxis deal.

In December 2014, the CBI examined that the former Union Finance Minister P Chidambaram had a connection with the case, questioning whether he was competent for giving Foreign Investment Promotion Board (FIPB) sanction for the foreign investment in Aircel since he could only sanction investment up to Rs 600 crore. The Aircel-Maxis deal was worth Rs 3,500 crore, which, they argued, needed the approval of the Cabinet Committee on Economic Affairs (CCEA)

The CBI alleged that after the approval was received, Aircel Televentures Limited paid a sum of 26 lakh to a company linked to Karti Chidambaram.

In April 2017, the CBI informed the Supreme Court that it is investigating P Chidambaram’s role in the alleged irregularities in grant of FIPB approval in the Aircel-Maxis case, and alleged payments to Karti.

In July 2018, senior Congress leader Chidambaram and his son Karti along with 16 others were charged by the Central Bureau of Investigation in the probe into suspected criminal misconduct related to approvals of investment deals. The CBI had also accused him as ‘willful lawbreaker’ in its charge sheet filed in July.

Interim Protection for 20th time:

Since March 2018, both P Chidamabaram and Karti Chidambaram have been continuously granted interim protection from arrest by the special CBI court in Delhi for their alleged involvement in the Aircel-Maxis scam.

Here is a list of interim protections provided by the special CBI court headed by Justice OP Saini to accused P Chidambaram and Karti Chidambaram. Interestingly, in some of those cases, both ED and the CBI have themselves asked for an adjournment in the case further providing relief to the accused.

March 20, 2018: The special CBI court granted protection to Karti Chidambaram from arrest till April 16, 2018, in Aircel-Maxis matter arising out of the 2G spectrum cases lodged by the CBI and the Enforcement Directorate (ED).
Special Judge OP Saini gave the agencies three weeks to file a detailed reply on the anticipatory bail plea of Karti.

April 16, 2018: A Delhi court yet again granted Karti Chidambaram interim protection from arrest till May 2, 2018, in two cases filed by the Central Bureau of Investigation and the Enforcement Directorate in the Aircel-Maxis matter.
Special Judge OP Saini once again granted relief to the son of senior Congress leader P Chidambaram after the Enforcement Directorate’s counsel asked for time to argue against Karti Chidambaram’s anticipatory bail application.

May 2, 2018: The Delhi court granted Karti Chidambaram interim protection from arrest till June 4, 2018, in two cases filed by the CBI and ED in the Aircel-Maxis matter arising out of 2G spectrum cases.
Special Judge OP Saini granted relief to the son of senior Congress leader P Chidambaram after the Enforcement Directorate (ED) sought time to argue on Karti’s application seeking anticipatory bail.

June 5, 2018: A special court here extended interim protection to former Union Minister P Chidambaram from arrest till July 10, 2018, in the Aircel-Maxis deal case.
Special Judge OP Saini announced the order and directed him to join the investigation whenever required.

July 10, 2018: The Delhi court ordered that former Union Minister P Chidambaram and his son Karti would not be arrested in the Aircel-Maxis deal related money laundering case till August 7, 2018.
The ED had opposed the bail application before special judge OP Saini in its written submission and sought time to argue the matter.

August 7, 2018: A Delhi court today extended till October 8, 2018, the interim protection from arrest granted to former Union minister P Chidambaram and his son Karti in Aircel-Maxis cases filed by the CBI and the ED.
Special CBI Judge O P Saini put up the matter for October 8 after the counsel appearing for the agencies told the court that the main counsel was not well and requested time.

October 8, 2018: A Delhi Court further extended the interim protection from arrest till November 1, 2018, granted to former Union Minister P Chidambaram and his son Karti in the Aircel-Maxis case filed by the CBI and the ED.
Special CBI Judge O P Saini adjourned the matter till November 1 after the lawyers appearing for agencies sought an adjournment in the matter.

November 1, 2018: Former Union minister P Chidambaram and his son Karti got relief after a Delhi court extended their interim protection from arrest till November 26, 2018, protection in the Aircel-Maxis money laundering case filed by the CBI and the ED.
Senior advocates Kapil Sibal and AM Singhvi, appearing for Chidambaram had submitted on behalf of P Chidambaram. Taking note of Chidambaram’s submission, Special Judge OP Saini extended till November 26 the protection from arrest granted to him.

November 27, 2018: The CBI this time sought more time before special CBI judge OP Saini to procure sanction to prosecute the remaining five public servants.
The court meanwhile also extended the period of interim protection from arrest for Chidambaram and his son, Karti to December 18, 2018.

December 19, 2018: The Delhi court again extended till January 11, 2019, the protection granted to former Union minister P Chidambaram and his son from arrest in the Aircel-Maxis scam.
Special Judge OP Saini extended the relief granted to Chidambaram and his son Karti after the CBI and the ED submitted that new material has been recovered which needs to be collated. It also granted time till January 11 to the CBI to get sanction to prosecute some of the people accused in the case.

January 11, 2019: The Delhi court on that day extended the interim protection from arrest to former Union Minister P Chidambaram and his son Kartitill February 1, 2019.
Special CBI Judge OP Saini put up the matter for February 1 after Solicitor General Tushar Mehta, appearing for the CBI, told the court that the ongoing probe was about to be completed.

February 1, 2019: Union minister P Chidambaram and his son Karti got further protection after the Delhi court extended their protection till February 18, 2019, in the Aircel-Maxis scam.
Special CBI Judge OP Saini extended the relief to Chidambaram noting that he would not be available on February 1 for which the matter was earlier listed.

February 18, 2019: The Delhi court extended till March 8, 2019, the interim protection from arrest granted to former Union minister P Chidambaram and his son Karti in the Aircel-Maxis scam cases filed by the CBI and the ED.
“Requesting both parties to expedite the matter but the date is not fixed yet. Put up the matter for March 8,” the judge OP Saini had said.

March 8, 2019: Karti and his father P Chidambaram yet again got an extension from the Delhi court with interim protection from arrest till March 25, 2019.
Special Judge OP Saini had adjourned the hearing after senior advocate Sonia Mathur, appearing for the CBI, sought time to argue on their anticipatory bail pleas.

March 25, 2019: The Delhi court again extended till April 26, 2019, the interim protection from arrest granted to former Union minister P Chidambaram and his son Karti in the Aircel-Maxis case filed by the CBI and the ED.
P Chidambaram appeared before Special Judge OP Saini, who extended the interim relief granted to them.

April 26, 2019: Former Union Minister P Chidambaram and his son Karti got an extension from Delhi court till May 6, 2019. The father-son duo got interim protection from arrests in the Aircel-Maxis case.
Special Judge OP Saini extended the interim relief to Chidambaram and his son and posted the matter on May 6 after ED sought more time to gather evidence.

May 6, 2019: The Delhi court extended the interim protection from arrest granted to former Union Minister P Chidambaram and his son Karti in Aircel-Maxis cases by CBI and ED till May 30, 2019.
Special Judge OP Saini extended the protection after senior advocate A M Singhvi, appearing for the Chidambarams, made a request in this regard.

May 31, 2019: A Delhi court on May 30 extended the interim protection from arrest granted to former Union Minister P. Chidambaram and his son Karti Chidambaram in the Aircel-Maxis cases by the CBI and the Enforcement Directorate (ED) till August 1, 2019.
Special Judge OP Saini extended the protection after the ED sought three-weeks’ time to argue on their anticipatory bail pleas.

August 1, 2019: The Delhi court on August 1 extended the interim protection from arrest to former Union minister P Chidambaram and his son Karti in Aircel-Maxis cases filed by the CBI and the ED till August 9, 2019.
Special Judge OP Saini extended the relief after the argument on anticipatory bail plea of the father-son duo remained inconclusive as both the agencies sought time to argue the matter further.

August 9, 2019: A Delhi court today once again extended till August 23, 2019, the interim protection from arrest granted to former Union minister P Chidambaram and his son Karti in Aircel-Maxis cases filed by the CBI and the ED.
Special Judge OP Saini extended the relief, which was to end today, saying the court was not available for arguments.

Justice OP Saini acquited 2G scam accused A Raja, Kanimozhi:
Interestingly, OP Saini was the same judge who acquited Former telecom minister A Raja, DMK member Kanimozhi and several others in the 2G spectrum allocation scam cases in 2017. The scam related to the 2G spectrum licence allocations in 2007-08 which caused, according to a report by the Comptroller and Auditor General of India, a loss of Rs 1.76 lakh crore to the exchequer.

vijayk
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Re: 2019 Strategic and Political Analysis-1

Postby vijayk » 09 Aug 2019 22:49

CNBC-TV18
@CNBCTV18Live
#JustIn | NDTV founders Radhika Roy & Prannoy Roy prevented from leaving the country. CBI has been probing allegations of money laundering & bank fraud against NDTV India & its founders

chetak
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Re: 2019 Strategic and Political Analysis-1

Postby chetak » 09 Aug 2019 22:52

The Unseen Unheard Victims of Article 35(A)



The Unseen Unheard Victims of Article 35(A)

News Bharati 09-Aug-2019
Ratan Sharda



There have been lot of debates earlier and after dilution of Article 370 and scrapping of Article 35(A) along with constitution of Jammu Kashmir. Much has been said about sovereignty, broken promises to Kashmiri people, rights of the states etc. Ladakh which used to come into limelight only when China created some mischief also got much deserved attention and justice.

However, people have yet to grasp the seriousness of violation of women’s rights and discrimination against them. Focus of this article is different so I would just encapsulate the entire women’s rights debate with a live example. Mr. Farooq Abdullah married a British lady who became Kashmiri citizen by virtue of 35(A). His son, Omar Abdulla, by virtue of 35(A), a natural citizen of Kashmir married a Hindu girl outside J&K; she became a citizen of Kashmir. His sister married a Hindu person from Rajasthan but she lost her citizenship of J&K, or Permanent Resident (PR) status which gives certain rights. Now she has her existing property in Kashmir which she can enjoy but she cannot will it to either her husband or son or daughter. Her family loses right to inheritance. After she passes away, it would go to state exchequer. Let this sink in.



Most of the people have not understood the significance of a few sentences submerged in cacophony of TV studios about Article 35(A). It is about the unseen orphans of partition, of the people who came to Jammu Kashmir on invitation of JK government, of Gorkhas who stayed back after defending Kashmir as members of the Maharaja’s army; and of displaced persons from POJK and Chhamb. Let me bring the focus back to these large sections of Indians who have suffered for long due to it.

After the infamous partition of 1947, about 5,800 families, mostly Hindus & Sikhs, entered Jammu from West Pakistan (West Punjab). 80% of these are from SC/ST groups. They are living in utterly pathetic conditions in Jammu. They were allowed to stay and were given 'refugee' status. They number around 300,000 now. After years of struggle they can vote for Central elections but they can’t vote for State elections as they are not state subjects under article 35(A) in the J&K constitution, which by the way, has no mention of minorities and rights or privileges for minorities. There is no clause for human rights. It is approx. 50 pages of document.

These are the orphans of partition with no rights. They can’t go to the government schools and colleges; they can’t get jobs, forget reservations, buy land or do business! This is fourth generation of these victims of 35(A) and mechanisations of Valley politicians. Imagine the fate of these dispossessed people; especially if you consider that people from same region who luckily entered in India from Punjab went onto establish successful lives. Two of them, Shri Manmohan Singh and Shri I K Gujral went onto become Prime Ministers of India. So, what was the mistake these unlucky refugees made? They crossed over to Jammu. Such was the mad rush to get out of hell holes of new Pakistan that they hardly had a choice.

There are refugees who trooped into Jammu & Kashmir from POJK – officially part of Jammu and Kashmir as per accession and historical records of those times. We have laid claim on this area by keeping 24 seats in J&K assembly for POJK. However, those who migrated from POJK after tribal incursions (mainly from Muzafarabad , Mirpur, Kotli, Bhimbar , Deva Balala and also from Gilgit / Baltistan) were not given refugee status. They have been named by JK Government as Displaced Persons. Neither GOI nor J&K Government has done any formal registration of these POJK DPs. Some people place their number around a million. No claims for their properties have been given. Even meagre Ex-gratia that was given, was not given to all the DPs. They have no education or employment or commercial support from GOI or State Government. Neither the UN nor any international Human Rights organizations have cared for their cause over 70 years. Many of them could not get PRC due to violent circumstances of displacement in 1947 and cannot even construct their own house in this side of J&K. This is against international human rights conventions too.



Around 200 Valimiki (SC) families were brought from Punjab to J&K in the year 1957 to be employed as sweepers and scavengers. A cabinet decision was taken and these families were given assurance that the permanent resident clause would be relaxed for them. Though their numbers have increased manifold yet the permanent resident clause has been relaxed. It means even if they do a PhD, they can only take up the job of a sweeper. It is ironical that the caste specific profession has been imposed in secular India in the state of J&K; and this information remained secret from the entire country. The sweeper of this state can vote in Lok Sabha elections but is not allowed to vote in State Assembly or municipality elections. It means they are politically kept away from the democratic process of the state. Their colony at Valmiki Colony, Gandhi Nagar, Jammu has not been regularized till date by the state government.

Radhika Gill belongs to this SC class of Safai Karmachari. She is a rank holder in “Shot Put” and “100 meter Race” in State Athletic Championship of JK, but she was refused civil services job and told she can only become a sweeper.

Even the citizens of J&K with full rights have not got justice. After the 1971 Indo-Pak War some areas of Chhamb (Jammu District of J&K) were permanently handed over to Pakistan by India in 1972 as part of Shimla Agreement. People of all the villages of Chhamb (about 46 to 48 villages of Chhamb) were asked by GOI to vacate their homes / lands in 1972. As per rough estimates nearly 6500 to 7000 families were uprooted. Of these around 4600 families comprising of nearly 18000 members were accommodated in relief camps and nearly 1600 to 2000 families were treated as Non Camp DPs as they shifted to their relatives’ villages. Their lives are in limbo as they have not been compensated or provided alternative homes they deserved.

Then, there is the sad case of Gorkha population of around 100,000 who became part of the Dogra king’s army of Kashmir 170 years back. Shockingly, they are deprived of basic human rights by State Government of JK in the garb of Article 35A. They have no right to vote in local elections of state, government job & social welfare benefits. Their children are denied admission in professional colleges.

A retired army officer wrote a letter to the governor of Jammu Kashmir, complaining, “We are residing in Jammu and Kashmir right from the beginning of the Dogra Regime in 1846. The large population of people, whose beloved ones fought for the Jammu & Kashmir Maharaja, now live in the most inhuman conditions. After more than 70 years of independence, we are still denied the status of permanent residents of Jammu and Kashmir, and are victims of social and economic discrimination. We are discriminated against in the matter of securing government jobs even though we have the requisite qualification. …We have become bonded labourers in the State confined to watchman duty, a slavery of a sort. To crown it all, the State has, contrary to national and international human rights law, thwarted any mechanism or procedure for us to achieve our fundamental rights, by implementing a farce called “Permanent Resident Certificate”.

Thus, Articles 370 and 35(A) had dehumanized the lives of a million citizens of India. I hope this small note will open the eyes of champions of these highly unjust provisions of the Constitution.

(With inputs from http://www.jammukashmirnow.com)

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Re: 2019 Strategic and Political Analysis-1

Postby Vips » 09 Aug 2019 23:04

Hari Seldon wrote:
Vips wrote:^^ Even if Justice Chandrachud on becoming CJI displays pro-muslim tilt (I am not implying he will surely do it), remember the verdict will be on the basis of a majority of all the judges hearing the case.


CI decides case roster - who gets what cases. CJI can pack benches if so inclined. Just saying. only.


So there are two areas at Supreme Court that needs to be fixed. The application for hearing stage where the Registrar has the power to decide when and in whose court the case will come for initial hearing and the other is the Roster system.

Need to take care of this before Chandrachud becomes the CJI.

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Re: 2019 Strategic and Political Analysis-1

Postby kittoo » 09 Aug 2019 23:41

A_Gupta wrote:Extreme anti-India stuff in Israeli newspaper is making the rounds.
https://www.haaretz.com/opinion/hitlers ... -1.5628532

These two provide some context in light of which all the stuff in the article is innocuous.
https://www.theguardian.com/world/2016/ ... n-70-years

https://www.hindustantimes.com/india/ta ... b0GVM.html


Haaretz is Israeli NDTV. As in, extremely left and even anti-semetic every now and then. Dont think much about them.

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Re: 2019 Strategic and Political Analysis-1

Postby chetak » 09 Aug 2019 23:46

twitter

Bhubaneswar Kalita, who quit as Congress' Rajya Sabha chief whip over a disagreement with the party's stand on Article 370, joins BJP in the presence of Union Minister Piyush Goyal. (ANI)


Image

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Re: 2019 Strategic and Political Analysis-1

Postby disha » 10 Aug 2019 00:59

chetak wrote:an attempt to whitewash nehru's rather dubious role in the accession of cashmere and downplay his true and motivated contribution


How Kashmir was won from Mountbatten & Jinnah



Jinnah was furious and wanted Pakistan Army to march towards Srinagar, but could not get it implemented, as the force was at that time headed by British officers, who threatened to pull out if the order was not withdrawn.



Factual incorrectness. Bakistan Army dressed as irregulars could not take Srinagar since the lashkar hordes they hired were busy raping towns and villages. And further British officer William Brown of Gilgit Scouts rebelled against its ruler, overthrew the ruler and acceded to Bakistan. This was illegal. (https://books.google.com/books?id=_l9tBQAAQBAJ)

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Re: 2019 Strategic and Political Analysis-1

Postby pankajs » 10 Aug 2019 18:27

https://twitter.com/VDPAssociates/statu ... 9514577921
VDPAssociates @VDPAssociates

AIADMK has made a dramatic comeback in Vellore bypoll after the May 2019 washout of NDA. 1/n
VDPAssociates @VDPAssociates

That DMK had to sweat to win former stronghold of Vellore with almost 3 lakh Muslim votes should worry the party. AIADMK cadre who drifted after Jaya's death seem to be consolidating under Palaniswami leadership 2/n

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Re: 2019 Strategic and Political Analysis-1

Postby darshan » 10 Aug 2019 23:25

When will the laws be enforced equally?


नियम कानून हिंदुओं के लिए बनाए जाते हैं क्योंकि वो उन्हें फॉलो करते हैं... जुर्माना भी हिंदुओं से वसूला जाता है क्योंकि वो चुपचाप दे देते हैं...
और जब बात शांतिदूतों की आती है तो पूरा सिस्टम हिजड़ा बन जाता है, इनका कोई चालान तक करने की हिम्मत नहीं करता
https://mobile.twitter.com/Nationalist_ ... 2080370695

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Re: 2019 Strategic and Political Analysis-1

Postby KJo » 10 Aug 2019 23:45

Sonia Gandhi is interim Cong President. :roll:

This nautanki will continue.

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Re: 2019 Strategic and Political Analysis-1

Postby darshan » 11 Aug 2019 02:01

Seven Reasons Why Rajasthan’s New Anti-Lynching Law Is Dangerous
https://swarajyamag.com/politics/seven- ... -dangerous
Thomas Sowell said liberalism is totalitarianism with a human face.

Nothing exemplifies this quote better than the legislative approach of India’s grand old party. Whenever and wherever Congress governments come to power, they push laws which are totalitarian in nature but are deftly presented as harbinger of justice for the powerless and cunningly wrapped up in the sophisticated language of liberalism.

The Rajasthan government’s ‘Protection from Lynching Bill, 2019’ is latest example of Congress’ trickery. This act changes the fundamental meaning of simple English words and invents their new definitions.

Ambiguity and absurdity are the hallmark of this legislation which criminalises even actions and thoughts that the state may deem ‘offensive’.

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Re: 2019 Strategic and Political Analysis-1

Postby vijayk » 11 Aug 2019 08:32

Sonia Gandhi named interim Congress chief after marathon meet

The Congress Working Committee finally accepted Rahul Gandhi's resignation.

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Re: 2019 Strategic and Political Analysis-1

Postby Manish_Sharma » 11 Aug 2019 14:44

We are Lord Ram's Descendants: Princess of Jaipur Diya Kumari provides proof

https://hindi.opindia.com/reports/desce ... samand-mp/

Image
Last edited by Manish_Sharma on 11 Aug 2019 23:23, edited 1 time in total.

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Re: 2019 Strategic and Political Analysis-1

Postby Rsatchi » 11 Aug 2019 14:48

KJo wrote:Sonia Gandhi is interim Cong President. :roll:

This nautanki will continue.

Arre Saabji Yeh toh 'Beti Bachao Beti Padhao' hainji :lol:
Preparing for the coming of the Beti Hainji :D :rotfl:

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Re: 2019 Strategic and Political Analysis-1

Postby Sanju » 11 Aug 2019 16:08

ANI

@ANI
·
2h
#WATCH Amit Shah:As a legislator,I firmly believe Art370 should've been removed long ago. As a Home Minister,there was no confusion in my mind about the consequences of removing Art370. I'm confident terrorism in Kashmir will finish&it'll move ahead on the path of development now

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Re: 2019 Strategic and Political Analysis-1

Postby asbchakri » 11 Aug 2019 19:27

Image

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Re: 2019 Strategic and Political Analysis-1

Postby vijayk » 11 Aug 2019 20:15

https://zeenews.india.com/india/modi-go ... 26198.html

Modi government likely to bring bill to prevent religious conversion in next Parliament session
Sources said that the government has already started preparations for the same and discussion are underway to bring the bill that would prevent any kind of religious conversion.

Prime Minister Narendra Modi-led NDA government at the Centre is likely to bring a bill to prevent conversion of religion. Sources have told Zee News that the Bharatiya Janata Party (BJP)-led government may bring the anti-conversion bill in the next session of Parliament.

The sources said that the government has already started preparations for the same and discussion are underway to bring the bill that might prevent any kind of religious conversion.

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Re: 2019 Strategic and Political Analysis-1

Postby darshan » 11 Aug 2019 21:31

Skeletons in the closet? Shamelessness? congoon for life? No one knows what drives the silence. Always ready to serve the family.

Manmohan Singh Set To Return To Rajya Sabha From Rajasthan
https://swarajyamag.com/insta/manmohan- ... -rajasthan


—————————
When will we see justices in India be like mowgli and not waste any resources even on clothes? When are these justices removing all generators, AC systems, fans, etc. from all the judicial buildings? Walkathons for the esteemed british wannabes should be mandatory everyday to/from the office. Just dates after dates after dates and no judgments without something has wasted lot more resources than all Diwalis combined.

Delhi Man Gets Convicted By Court For Bursting Non-Green Firecrackers In Violation Of SC Directions
https://swarajyamag.com/insta/delhi-man ... directions

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Re: 2019 Strategic and Political Analysis-1

Postby sreerudra » 11 Aug 2019 21:48

vijayk wrote:https://zeenews.india.com/india/modi-government-likely-to-bring-bill-to-prevent-religious-conversion-in-next-parliament-session-2226198.html

Modi government likely to bring bill to prevent religious conversion in next Parliament session
Sources said that the government has already started preparations for the same and discussion are underway to bring the bill that would prevent any kind of religious conversion.

Prime Minister Narendra Modi-led NDA government at the Centre is likely to bring a bill to prevent conversion of religion. Sources have told Zee News that the Bharatiya Janata Party (BJP)-led government may bring the anti-conversion bill in the next session of Parliament.

The sources said that the government has already started preparations for the same and discussion are underway to bring the bill that might prevent any kind of religious conversion.


This is what India needs. As soon as people convert to imported religions, they are pledging their allegiance to the religion (aka foreign entities) than the law of the land. This has been a problem with muzzli ghettos (Kerala, Hyderabad, Alighars etc.) all these years. But with the staggering statistics on the demography changes in South India and the raise of such dynasties (DMK, YSRCP) supporting these conversions making South India very vulnerable for National security.

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Re: 2019 Strategic and Political Analysis-1

Postby Kanson » 11 Aug 2019 23:33

Even this is very late. It should have happened in 2002-2004 timeframe.
1990's , you see lot of conversion started and took root in the sub-continent. You name it, odissa, Andhra, TN... or Guj/raj... If i'm not wrong Jousha project came to existence at that time. It is not only EJs, more Gelf/Gulf contribution happened to ord muslims, who otherwise looked talked walked much like the rest. Post such influence, many of them started to behave as if they are from different planet, particularly from sourthern parts.

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Re: 2019 Strategic and Political Analysis-1

Postby darshan » 12 Aug 2019 05:11

Small scale 1857 realizations.


Zomato delivery boys refuse to deliver beef and pork as it hurts their ‘religious sentiments’
https://www.opindia.com/2019/08/zomato- ... pork-beef/
Mousin Akhtar, a Zomato food delivery staff said, “Recently some Muslim restaurants have been added to the online food delivery app. But we have some Hindu delivery boys who are denying to delivery beef. And it’s been heard that in few days we have to deliver pork, which we refuse to deliver. We are also facing payout issues and have the least medical facilities. All these are hampering the fraternal bond between us as we have to deliver food which is not permitted by our religion. Our religious sentiment is being hurt. The company knows everything, but in spite of helping us they are using false allegations against us.”

Another delivery boy said that their profession could not come in the way of their religion.

A Zomato food delivery staff in Howrah reportedly said that as a Hindu he has no issues working with Muslim colleagues. However, new restaurants Zomato has tied up with which ‘repel them’. “If any of us deny delivering any particular food then this would fall under denial dispute which would be followed up by the manager. The Muslims are equally feeling hurt with this decision as we Hindus are. The company is hurting our religious sentiment. We want this to be stopped immediately. Hence from Monday, we have stopped our service,” he said.

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Re: 2019 Strategic and Political Analysis-1

Postby vijayk » 12 Aug 2019 08:24



Tube light ON for Shekar Gupta ... RS is BJP majority ... Holysh!t ... ITALIAN kuttas can't block them anymore

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Re: 2019 Strategic and Political Analysis-1

Postby chetak » 12 Aug 2019 11:17

darshan wrote:Small scale 1857 realizations.


Zomato delivery boys refuse to deliver beef and pork as it hurts their ‘religious sentiments’
https://www.opindia.com/2019/08/zomato- ... pork-beef/
Mousin Akhtar, a Zomato food delivery staff said, “Recently some Muslim restaurants have been added to the online food delivery app. But we have some Hindu delivery boys who are denying to delivery beef. And it’s been heard that in few days we have to deliver pork, which we refuse to deliver. We are also facing payout issues and have the least medical facilities. All these are hampering the fraternal bond between us as we have to deliver food which is not permitted by our religion. Our religious sentiment is being hurt. The company knows everything, but in spite of helping us they are using false allegations against us.”

Another delivery boy said that their profession could not come in the way of their religion.

A Zomato food delivery staff in Howrah reportedly said that as a Hindu he has no issues working with Muslim colleagues. However, new restaurants Zomato has tied up with which ‘repel them’. “If any of us deny delivering any particular food then this would fall under denial dispute which would be followed up by the manager. The Muslims are equally feeling hurt with this decision as we Hindus are. The company is hurting our religious sentiment. We want this to be stopped immediately. Hence from Monday, we have stopped our service,” he said.


1857 was much more about the brits reducing pay and allowances for the native troops and the resultant resentment thereof and much less about the usually "romanticized" 1857 realizations.

the truth has been lost in the clutter of aggressive narrative deflections over the years

But I see your point


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