My dreams.

I am not a person who can follow any one blindly as my profession begin a lawyer I am a very logical person in the every fields of any things..which can be any things.

Friday, December 27, 2013

My dreams never ,never unseen.

I  will make  sure  ..my      no little or big dreams  sud be  dead  ... I will hold it VERY TIGHT  by stony hand  in my wide sky eyes....hold on  wait...the small  particle  are  going   by mist  of evening  winter fog,,may  me she is upset over me on not paying  a good sleep to dream it again IN COST  of her foods...

Wednesday, December 25, 2013

THE LITTLE GIRL THE BIG LAND...

SHE NEVER  THOUGHT  HER SELF  TO BECOME    A  LEADER...BUT  HER  WORK  MADE  HER  A BRILLIANT LEADER   OF   HER OWN  WAY... WHO WORKED  FOR MOST POOR  AND NEEDY ONE..     IN THE  SHE  BROUGHT   THE ELECTRICITY  AND   WATER  IN  THE  DEEP FOREST   THROUGH  HER HARD WORK AND HER PASSION  TO WORK FOR POOR.....THE  BIZAPUR VILLAGE WAS NOT  A ODE-NARY VILLAGE    BUT VERY RICH WITH NATURAL  RESOURCE   ....HER MOTHER WAS DIED   OF LACK OF MEDICAL   FACILITY AND  MEDICINE...WHEN SHE  DIED SHE WAS ONLY  TEN ..SHE TOOK A VOW  TO WASH OUT THE  POVERTY OF HER VILLAGE...BUT IT WAS NOT AN EASY JOB FOR HER  WITH  SIX SIBLINGS AND WITH  NO ANY SOURCE OF INCOME  ..FATHER WAS  A DRUNKEN MAN...WHO USED TO TAKE  MAHUA WINE...FOR WHOLE DAY...HER DREAM WAS  TO BE  NICE DOCTOR  AND TO   EDUCATE HER  SIBLINGS  ..SO SHE F   STARTED TO GIVE TUT ION  AND GOOD EARNING  CAME THROUGH   IT...SHE TOOK ADMISSION A GOOD SCHOOL...BUT NOT SO COSTLY.

Tuesday, December 17, 2013

THE DEAD DESIRE

No, supreme has not done right to abolish section 377 or declare its crime .. But Mr Binod it's not about culture and humanities but of an individual s' freedom..and it's the human rights and constitutional. we and you are not to justify the any one s; gender or sexism or what they want it's all about the liking and choice of a person.. it's his her rights..it ;s was earlier also but under carpets...if cat drinks the milk by closing eyes it doesn't mean that problem is solved.. the gay lesbian and others have the human right freedom to accept Their own feelings towards their inner desire...so plz don't say that it's matte r of culture or crime..

Sunday, November 17, 2013

THE GOD OF NOTHINGNESS....

The  God    of     nothing  .....she  imaged  her self  as  a  unwanted  child  from very   starting  from her life   as there was no one  to  take  care of her...   so   she may be  right  at her place  but  this not  that  there  is  no any  God  or  such   power..   if  it cud not  be done  then it would not be possible  for  Indian people to call a human begin  a  God...      I  get always       wonder    dreams  towards the concept  of God ....why  I should    believe    in   a  those things  which never  have seen by any body....but still people  do say  like  by God  or  there is God..if it's true  then  why he didn't  reply when  I cried  for  to save  my    grand mother    from death?

The  God        nothing  .....she  imaged  her self  as  a  

Monday, August 26, 2013

MY DREAMS AND MY THOUGHTS: THE LAST MOMENTS .....KEDARNATH..

MY DREAMS AND MY THOUGHTS: THE LAST MOMENTS .....KEDARNATH..: The moments of A PERSON dying at KedarNath WHAT WOULD HAVE THE THOUGHTS AND WISHES.....was that ,,,, mom ' I want to see you ...want to...

Friday, August 23, 2013


Gang rape of a woman photo journalist in Mumbai on Thursday evening reminds us of chilling incident of December 2012 in New Delhi.

Based on the recommendations of  Justice J S Verma Committee and parliamentary standing committee on home affairs,the Parliament had enacted The Criminal law (Amendment)Act 2013 which got assent of the president on April 2,2013.The act was amended in Lok Sabha in order to provide for stringent punishment for crimes against women,as also to provide for more victim friendly procedures in the trials related to cases of assault on women.The law provides for speedy justice and enhanced punichmsnet for the offenders in cases of sexual  assault oif extreme nature.The Indian penal Code,the Criminal Procedure Code,the Indian Evidence Act and the Protection  of Children from Sexual Offences Act 2012 were amended in the incorporated Criminal Law(Amendment) Act 2013.

Section 326 of IPC has been amended and two new clauses sections 326 A and 326 B incorporated to provide for lie imprisonment to the accused involved in causing burns,grevious hurt or acid attack on the women.

Trial in New Delhi's December 16 gang rape is still going on.The law enables the courts for speedy trial.Wish the Delhi case was tried speedly and accused convicted or sentenced to death.In Mumbai too,the police should hol a speedy trial since the police claims they have arrested the criminals involved in the attack on the journalist.No delay should be allowed and prosecution must be awarded instantly.

The new law provides for free medical treatment to the victim at government cost.Hope Mumbai girl would get relief and aid provided under the amended law.

MY DREAMS AND MY THOUGHTS: The new morning

MY DREAMS AND MY THOUGHTS: The new morning

The new morning

Not much but not too less I want the starry stars.....in the dark night.....it will lead a smoothly path in my darkly surroundings,,,,,,.....the love song will be sung by sparrows........the ...crow fighting will start very soon ,,if the moon comes in the thunder night.... ....slowly ...2 lovely will turn into white morning definitely with the red ball of sun...then the immortal soul will fly way of stony captivity of an gloomy evening.....rest will be rest forever in the lap of THE GOD OF PEACE....
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Friday, July 12, 2013

Picture 161

Picture 161

Picture 161

Picture 161

MY DREAMS AND MY THOUGHTS: THE LAST MOMENTS .....KEDARNATH..

MY DREAMS AND MY THOUGHTS: THE LAST MOMENTS .....KEDARNATH..

Disqualification of criminal law. makers

On Wednesday,Supreme Court of India struck down section 8(4) of Representation of People's Act and termed it ultravires as it was violative of  Right to Equality  granted under Article 14  of the Constitution and Article 102(1)(E) which deals with disqualification  of candidates from contesting an election.There was a dichotomy  in the election law which on the one hand permitted a sitting MP or MLA or MLC  convicted  after election to complete his or her term during the pendency of an appeal,but barred a person convicted and sentenced to a term of over two years  from even contesting an election.

Maya Kodnani,a former minister in Narendra Modi cabinet was sentenced 28 years jail term ,but still she continued to remain an MLA as he appeal was pending in the High Court. In Jharkhand,Savna Lakda,a Congress MLA who has been convicted on murder charge,but still  is an MLA ,though in jail will also forfeit his membeship with this judgement.There are many leaders who have been convicted for three to six years term in corruption cases,still they continued to remain honourable members.

According to Section 8, a convicted person sentenced to an imprisonment of over two years stands disqualified from contesting elections for six years 'since his release'. But if theconviction is for dowry, food adulteration, hoarding and Sati offences, the same bar applies if the sentence is over six months. Further, mere conviction is enough to bar a person for six years if the offence relates to untouchability, TADA, insult to flag, Clause (4), however, carves out an exception. If the convicted person is a sitting MLA or MP, he can continue to be a member till the dissolution of the House if he files an appeal within three months.The Supreme Court found this section ultravires and it will have an immediate effect.Law may be changed in the Parliament later or,the government can go in an appeal to a five membes constitution bench on the issue.But,its effect shall be instant.

Convicted elected representatives -MPs and  legislators cannot contest fresh elections during the pendency of appeal. For the purpose of filing of nominations, he or she  would stand disqualified like any other candidate who had been sentenced for a term of over two years. In other words, a legislator who has been sentenced to over two years imprisonment is not qualified to become an MP or MLA for a fresh term, but sub-section 4 of Section 8 of the RPA provides him protection against such disqualification if he ot dhr  is convicted after his election.

The elected representatives of panchayati raj institutions and municipal bodies too would be covered under the same provisions as for MPS and legislators.

The Supreme Court judgement will have far reaching effect not only on the election system,but also on the large number of cases pending in the High Court or Supreme Court filed in appeal by the honourable members who  have challenged their convictions for over two years.These appeals may become infructious now and the verdict of the two members bench of Supreme Court will have an overriding effect.Literally and legally,Supreme Court has given a final decision on such appeals and declared them disqualified with immediate effect.

Thursday, June 27, 2013

THE LAST MOMENTS .....KEDARNATH..

The moments of A PERSON dying at KedarNath WHAT WOULD HAVE THE THOUGHTS AND WISHES.....was that ,,,, mom ' I want to see you ...want to hug you ....kiss you .please save me mom I want to leave ...The black monster death wants to swallow me... please save mom ...I want leave for you mom..

Tuesday, June 25, 2013

The Land of death Utrakahnd.

The   land  of   God     or       land  of  death       I will never  tell   you...    that  will define  be  you  only..... The   entire   creations    always    follows    the  existence  of  some  supreme  power.... but   it  always   defeated   by  death.... Life     is  the    shadow  of   death   who   walks   in  the  dark...and  grapes   the  life  whenever   she  wants,..by  this   it's    proves   that  how  we  are  mere  puppet   in  the  hand  of    death  and  you   say   our  destiny..This     is     the    real    true   drama    in  the Land  of God  in   UTRAKHAND...

Wednesday, April 24, 2013

Women in constable in Bihar...

Nitish Kumar's decision to reserve 35 pc of women in constable
recruitments(April 12) is a welcome step.Nitish Kumar had earlir
reserved 50 per cent of posts in urban and rual elected bodies for
women and also made 50pc reservations for women in the primary
co-operative societies.The government decision to recruit 815 women
sub-inspectors and 9117 women constables will go a long way in
empowering women in a big way in Bihar and hope other states too would
copy Bihar Model of policing by women.

Government decision to create women desks in all the police stations
will motivate the hesistant women to register their complaints with
the police.Bihar government had already posted about a dozen IPS
officers as heads in different districts.Image of Bihar police will
definitely change.

Posting and appointment of women is not enough,but the work culture
should also improve.Bihar CM will have to assure the women police
officers will not copy their male counterparts in hurling choices
abuses,harassing and thrashing the commonman

Police job by nature makes them behave in that way.Wish the
policewomen would be different from their male counterparts in dealing
with the law abiding citizens.They can be ruthless with the criminals
,but with the commonman,they would be sensitive like a sister or
mother.

Sunday, April 21, 2013

Shame for Bihar

It is shocking .Two youths from Muzaffarpur and Sitamarhi have been
found involved in criminal asault on a five-year-old girl of
Gandhinagar in New Delhi.A bus conductor from Aurangabad was arrested
on charges of murdering and assaulting an young girl in New Delhi in
December last year.He is in Tihar Jail now.Another youth from Banka is
charged with raping a four-year-od girl in Seoni in Madhya
Pradesh.What will be the reputation of Bihar.They have literally
blacklisted  the youths of Bihar.Will they get accommodation on rent
,will they get jobs?.There will be question marks on the young boys
from Bihar elsewhere .

They have brought condemnation to the Bihari youths,who are known for
their hard work and sincerity.The actions of such youths have cast a
doubt on them now.

The parents of the youths in Bihar,paticularly from the rural areas
must be cautious now.One section of the society from North Bihar
district was already branded as terrorists by the National
Investigation Agency for involveent of some youths in bomb blasts and
terror activities in different parts of the country.And,the latest
incidents of involvement of youths in rape cases outside the state has
caused further harm.The villagers must keep guard of the youths and
the elders who take such youths to the national capital or elsewhere
for employment should be careful about their activities.Youths of
other states may be involved in crimes like murder and rape,but the
series of incidents involving Bihari youth in now high-profile cases
has put Bihar in a tarnished image.

And ,a conference on Live In relations at a premier educational
institution.Was it pertinent to organise a conference on this topic at
this stage?

Friday, March 29, 2013

Sanjay Dutt for mercy.

Supporters of Sanjay Dutt have started a campaign for pardon to the
film hero who has been found guilty under the Arms Act by the Supreme
Court also.Legal lumanaries,film stars,political leaders too have
joined the campaign seeking relief to Sanjay.

The film hero can be granted pardon under article 161 and 72 of the
Constitution.The Governor of Maharashtra(as the case relates to
Mumbai) can grant pardon to Sanjay exercising his discretionary
powers.

The power of granting pardon under Article 161 is very wide and does
not contain any limitation as to the time on which and the occasion on
which and the circumstances in which the said power could be
exercised.If the Governor is found to have exercised the power himself
without being advised by the government or if the Governor
transgresses the jurisdiction in  exercising the same or if it is
established that the Governor has passed the order without application
of mind or the order is found mala fide or the Governor has passed the
order on some extraneous considerations,the court can interfere with
the execution of the  order.

Justice Markenday Katju has written a petition to the Governor of
Maharashtra seeking pardon to Sanjay Dutt.The Governor will have to be
very careful in discharging the petition.The law does not limit the
mercy petition to be applied by the accused only,any one can seek
relief on his behalf.

The Governor in the instant case can be charged by certain sections of
the society to have acted on extraneous consideations-that the accused
is a celebrity,that the Governor is fan of Sanjay Dutt,that the
Governor is a regular viewer of his films..The Governor in the instant
case will have to act on the advice of the state cabinet also.The
advocate general will have to examine the petition and make it sure
the pardon will stand scrutiny of the Supreme Court.

Sanjay Dutt has taken a right decision by announcing he would not seek
pardon ,that he respected the law and would prefer to surrender before
the court in Mumbai and face the jail term prescribed by the court.It
appears he must have consulted the lawyers and does not want to cause
any harm to the credentials of the Governor or put the Congress
government to embarassment.His father was a Congress MP from
Mumbai,his sister is a Congress MP.The Governor can be charged with
acting on political considerations.The Governor was a minister in
Congress government in Kerala earlier.

Sanjay Dutt has taken a wise decision and it must be respected by
every law fearing citizen.Still, an option is left-he can file a
curative petition before the Apex Court seeking further relief in
conviction .


Chhaya  Mishra,

Advocate,