Nethaji- Respected Leader

It is our duty to pay for our liberty with our own blood

Subash Chandra Bose,India

Subhas Chandra Bose, byname Netaji (Hindi: “Respected Leader”), (born c. January 23, 1897, Cuttack, Orissa , India—died August 18, 1945, Taipei, Taiwan?), Indian revolutionary prominent in the independence movement against British rule of India. He also led an Indian national force from abroad against the Western powers during World War II. He was a contemporary of Mohandas K. Gandhi, at times an ally and at other times an adversary. Bose was known in particular for his militant approach to independence and for his push for socialist policies.

The son of a wealthy and prominent Bengali lawyer, Bose studied at Presidency College, Calcutta (Kolkata), from which he was expelled in 1916 for nationalist activities, and the Scottish Churches College (graduating in 1919). He then was sent by his parents to the University of Cambridge in England to prepare for the Indian Civil Service. In 1920 he passed the civil service examination, but in April 1921, after hearing of the nationalist turmoils in India, he resigned his candidacy and hurried back to India. Throughout his career, especially in its early stages, he was supported financially and emotionally by an elder brother, Sarat Chandra Bose (1889–1950), a wealthy Calcutta lawyer and Indian National Congress (also known as the Congress Party) politician.

In 1921, Bose worked under Chittaranjan Das, a powerful politician in Bengal. He worked as the editor for Das’s newspaper, Forward, and later started his own newspaper, Swaraj. In 1923, Bose was elected the President of the All India Youth Congress and also the Secretary of Bengal State Congress. He also served as the Chief Executive Officer of the Calcutta Municipal Corporation, with Das as mayor of Calcutta. He was regarded as a vigilant and charismatic youth icon in the Indian National Congress. Bose was arrested countless times, and deported to Burma (Myanmar) in 1925 because he was suspected of connections with secret revolutionary movements. During the mid-1930s Bose travelled in Europe, visiting Indian students and European politicians, including Benito Mussolini. He observed party organisation and saw communism and fascism in action. In this period, he researched and wrote the first part of his book The Indian Struggle, which covered the country’s independence movement in the years 1920–1934.

With Japanese support, Bose revamped the Indian National Army (INA), then composed of Indian soldiers of the British Indian army who had been captured in the Battle of Singapore.To these, after Bose’s arrival, were added enlisting Indian civilians in Malaya and Singapore. The Japanese had come to support a number of puppet and provisional governments in the captured regions, such as those in Burma, the Philippines and Manchukuo. Before long the Provisional Government of Free India, presided by Bose, was formed in the Japanese-occupied Andaman and Nicobar IslandsBose had great drive and charisma—creating popular Indian slogans, such as “Jai Hind,”—and the INA under Bose was a model of diversity by region, ethnicity, religion, and even gender. However, Bose was regarded by the Japanese as being militarily unskilled, and his military effort was short-lived. In late 1944 and early 1945, the British Indian Army first halted and then devastatingly reversed the Japanese attack on India. Almost half the Japanese forces and fully half the participating INA contingent were killed.The INA was driven down the Malay Peninsula and surrendered with the recapture of Singapore. Bose had earlier chosen not to surrender with his forces or with the Japanese, but rather to escape to Manchuria with a view to seeking a future in the Soviet Union which he believed to be turning anti-British. He died from third-degree burns received when his plane crashed in Taiwan. Some Indians, however, did not believe that the crash had occurred, with many among them, especially in Bengal, believing that Bose would return to gain India’s independence.

LATEST MODES OF BUSINESS.

The modes of conducting business have undergone various changes in the last few decades. The development of technology and evolution has changed the way of executing business activities. Nowadays business is not only about selling and purchasing it is now exchange of values these value may be in the form of money, goods,services or brand equity .Due to these factors some latest modes of Business have emerged These new form of businesses have their own pros and cons but no doubt these business are doing well providing good amount of value and generating revenue below are some latest modes of business

  1. E- BUSINESS First thing, it is not E-COMMERCE , E-COMMERCE is a part of e business this includes e learning e shopping and entertainment . In today’s world online and digital has become an integral part of our lives.Every possible service is available online nowadays . In coming years the scope of E business is going to have a great expansion.
  2. BPO– It stands for Business process outsourcing it is difficult to perform every process inhouse that’s why business try to outsource their auxiliary process and focus on their main activity. Mostly the process which are outsourced are Marketing, advertising, customer service, tellecalling IT help desk, Data entry and many more. Outsourcing is cost effective and you get better results, just deal with good BPO company.
  3. KPO- It stands for Knowledge Process Outsourcing .Many a times business requires an expert of a certain field like legal advisor, CA,Financial planner, HR consultant, etc. but all businesses cannot afford to hire experts on full time Jobs .so they search for a business organisation who can provide them these services when ever they require.

Pride & Prejudice: Movie Review


Pride and Prejudice is a classic novel written by Jane Austen in 1813. The movie based on this book, Pride & Prejudice, was released in 2005 starring Keira Knightly, one of the brightest stars of this time, as Elizabeth Bennett and Matthew Macfadyen, a dashing English actor, as Mr. Darcy.

Movies can have a huge impact on our mind. This particular movie shows us the difference that existed between men and women in society in the 1800s  and how some women had the courage to battle any and all kinds of oppression that was seen as normal by others. This difference still exists today and women are still fighting oppression. Now, let’s get to the storyline of this amazing movie. 

The movie starts with a scene of the Bennett house with five children, all daughters, of Mr. and Mrs. Bennett. Mrs. Bennett is concerned about nothing but marrying off her daughters to rich and well-connected families whereas Mr. Bennett is a sensible man who dearly cares for his daughters, especially Elizabeth, his second born. Elizabeth is headstrong, opinionated and sees the world in black and white, wrong and right. She cares more for her elder sister, Jane, than herself and sincerely wishes her happiness more than anything else. The house soon receives the news that two wealthy bachelors are in town, Mr. Bingley and Mr. Darcy. They attend a public ball during which Jane, the prettiest of the five offsprings, catch the eye of Mr. Bingley, making him fall in love. They dance through the night, and click instantly as both are sweet, innocent and generous. On the other hand, when Elizabeth or Lizzie (as called by her family and close friends) meets Mr. Darcy for the first time, their dislike towards one another is clearly evident. After getting off on the wrong foot, things do not get better for them. However, they find themselves in each other’s company several times which leads to Mr. Darcy’s realisation that Lizzie has all the qualities he has been looking for, she’s smart, opinionated, indifferent towards money, witty and much more. In Lizzie’s mind, the image of Mr. Darcy was already tainted and after finding out that he separated her sister and Mr. Bingley, she rejects his proposal. Mr. Darcy does everything he can and greatly helps Elizabeth’s family by saving their honour and bringing Jane and Mr. Bingley together. Elizabeth realises that she perceived him wrongly and love blooms as nothing could’ve won her heart faster than putting a smile to her family members’ faces. A great ending to the movie follows, Mr. Darcy and Lizzie confess their love for each other while the sun shines on them. Mr. Darcy’s lines as he expresses his love won my heart. “You have bewitched me body and soul, and I love, I love, I love you. And wish from this day forth never to be parted from you.” Afterwards, they get Mr. Bennett’s approval for their marriage which is a truly heartwarming scene. In the end, Mr. Darcy overcomes his pride and Elizabeth Bennett learns to not be prejudiced.

You will surely not regret spending 2 hours of your life watching this must-watch movie. It will definitely end up becoming one of your favourites. Let’s add this movie to our list and watch it this weekend.

Be a Leader who impacts, not one who shatters

A young man saw his primary school teacher at a wedding ceremony. He went to greet him with all respect and admiration!! He said to him: “Can you still recognise me Sir?’ ‘I don’t think so!!’, said the Teacher, ‘could you please remind me how we met?’

The student recounted: “I was your Student in the 3rd Grade, I stole a Wrist watch belonging to my then classmate because it was unique and fascinating.

My Classmate came to you crying that his Wrist Watch had been stolen and you ordered all Students in the class to stand on a straight line, facing the wall with our hands up and our eyes closed so you could check our pockets.At this point, I became jittery and terrified of the outcome of the search. The shame I will face after other Students discovered that I stole the Watch, the opinions my Teachers will form about me, the thought of being named a ‘thief’ till I leave the School and my Parents’ reaction when they get to know about my action. All these thoughts flowing across my heart, when suddenly it was my turn to be checked.I felt your hand slipped into my pocket and you brought out the Watch. I was gripped with fear, expecting the worse to be announced. I was surprised I didn’t hear anything, but Sir, you continued searching other Students’ pockets till you got to the last person.When the search was over, you asked us to open our eyes and sit on our Chairs. I was afraid to sit because I was thinking you will call me out soon after everyone was seated.But to my amazement, you showed the watch to the class, gave it to the owner and you never mentioned the name of the one who stole the watch. You didn’t say a word to me, and you never mentioned the story to anyone.Throughout my stay in the school, no Teacher or Student knew what happened.

This incident naturally taught me a great lesson and I resolved in my heart never to get myself involved in taking whatever is not mine.I thought to myself, you saved my dignity. “Do you remember the story now Sir? You can’t simply forget this story Sir!!”

The teacher replied, ‘ I vividly remember the story that I found the Watch in a pocket but i did not know in whose pocket the stolen Watch was found that day because I searched your pockets while I also had my eyes closed.”

In life, we need wisdom for everything we do. As Parents, Teachers, Pastors, Leaders etc… We should be able to close our eyes to some things. Not all misbehaviour require punishment. Some will need encouragement, some mentoring and some monitoring.

Be a Leader who impacts, not one who shatters. Rare to find.

No one can assure that this story was really happened because no one saw it, just heard. But, this story has a great message in it – Be a Leader who impacts, not one who shatters. This is so true and has to be shared widely.

Know more about Pranab Mukherjee

How can I ever forget those days when India was brutally stabbed in the back by the Pakistani invader General Pervez Musharraf by inflicting Kargil war on us and we lost more than 600 soldiers as per official figures and I too lost my child friend late Captain Amit Verma who was just 24 and was the only child of his family and whose father was also an Army Officer and retired as Colonel? We all know how Captain Saurav Kalia was brutally tortured for 23 days and he along with 5 soldiers of 4 Jat Regiment were maimed of all their crucial body parts before finally killing them yet our leaders felt over excited to see Pakistani invader Gen Musharraf in India walking like a “royal king” with Indian politicians attending him like durbaris! Even many BJP leaders appeared too excited!

                                       When all the Indian politicians were busy chanting “Pervez, Pervez, Musharraf, Musharraf” and “Lagta Hai bada pyara nahin dikta hai bada pyara, mahin rota hain bada pyara nahin sota hain bada pyara, Musharraf jab chalta hain jab to dekho, Musharraf jab dekhta hain jab to dekho, Musharraf jab rota hain jab to dekho etc etc” and were all united cutting across party lines in according him a grand welcome in India as we saw when he held talks in Agra with the then Deputy PM LK Advani, there was only one politician whom I saw lashing out at Gen Musharraf whose name is Pranab Mukherjee! Pranab lashed out openly and that too in presence of many VVIP dignitaries and Ambika Soni who is also a Congress leader could not believe her eyes as her facial expression spoke for herself feeling totally shocked as to what is he saying when he said that, “How can terrorists be termed as “freedom fighters” and how can terrorism be termed as “freedom struggle” by Gen Musharraf? Why are we according him such a grand welcome?” I still find it hard to believe that a Congress leader can lash out so hard against Pakistani invader like Gen Musharraf who candidly admitted masterminding Kargil war and of entering 15-16 km inside Indian territory to motivate his soldiers to kill our soldiers most ruthlessly as we saw with Captain Kalia and 5 soldiers!  

                          Pranab spoke nothing but the brutal truth and this alone explains why “powerful lobby” ensured that he never became PM! It is not Pranab Mukherjee’s misfortune but India’s misfortune that he could not become PM! But still we must be satisfied that at least he became the President and he always enjoyed good equations with leaders of all parties! I hold the late PM Rajeev Gandhi in highest esteem as I grew up watching him in my young days  but certainly when her mother late Mrs Indira Gandhi died, it was Pranab who was best suited to the job as he held the prestigious post of Finance minister also and he was ruthlessly sidelined and he still like a loyal worker said nothing which speaks how much patience he had!

                    As if this was not enough, he was again sidelined when Congress led by Mrs Sonia Gandhi decided to make Dr Manmohan Singh as PM even though earlier he was boss of Dr Manmohan when he was RBI Governor! Yet he tolerated everything quietly and behaved like a disciplined soldier of his party! All this can never be ignored! He had the potential to lead India and to give a tough response to the likes of Pakistani invader Gen Musharraf but alas that was not to be! Still he rendered his invaluable contribution in various capacities like Finance Minister, External Affairs Minister and Defence Minister apart from other key portfolios like Commerce!

                              This alone explains why PM Narendra Modi on becoming PM in 2014 sought blessings from him as he was President since 2012 with huge  experience  and he was gracious enough to bless him! He never shied away from giving free and fair advice whenever sought by PM Modi which the latter acknowledges also! India has lost the most precious gem by his passing away!

                       It was Pranab Mukherjee who ensured that terrorists were no longer given long rope and Afzal Guru who was convicted for the attack on Parliament in 2001 was hanged by rejecting his mercy petition! Similarly, Ajmal Kasab who was caught alive while killing innocent in Bombay during the dreaded 26/11 terror attacks was also hanged, all because of Pranab Mukherjee’s strong decision! He had zero tolerance for terrorists and never hesitated to take his own individual stand on terror issues which affect our national security and was deadly against declaring any kind of ceasefire with terrorists and terror groups who mercilessly kill innocents not sparing even woman and children, what to talk about others!   

                         Ram Nath Kovind who himself is now President too said while remembering Pranab that, “Sad to hear that former President Shri Pranab Mukherjee is no more… A colossus in public life, he served Mother India with the spirit of a sage.” M Venkaiah Naidu who is now Vice President while remembering Pranab said that, “At the end of every meeting, I used to walk away with an impression that he was nothing short of an encyclopedia. His number crunching ability and sharp memory at his age was bewildering.” PM Narendra Modi too candidly acknowledged that, “As India’s President, Pranab Mukherjee made Rashtrapati Bhavan even more accessible to common citizens.” Amit Shah who is Home Minister too rightly said that, “Pranab Da’s life will always be cherished for his impeccable service and indelible contribution to our motherland. His demise has left a huge void in Indian polity.”

                        No wonder, he won many awards in his life. He was awarded Padma Vibhushan in 2008 and most remarkably was awarded by the NDA government with Bharat Ratna which is the highest civilian honour of India in 2019 which naturally filled not just him and his family but also all his fans and supporters with supreme happiness! He always spoke with humility and it was only once in a blue moon that he lost his cool as we saw when the Pakistani invader Gen Musharraf was invited to India like a royal emperor and that too after masterminding Kargil war! This alone explains why he had friends in almost every party!

            Even former PM Dr Manmohan Singh too candidly acknowledges that, “In his death, our country has lost one of the greatest leaders of independent India. He and I worked very closely in the government of India and I depended on him a great deal for his wisdom, vast knowledge and experience and public affairs.” Congress President Sonia Gandhi too acknowledged that, “Pranabda had been such an integral and prominent part of normal life, the Congress party and the central government for over five decades that it is hard to imagine how we can do without his wisdom..”

                           All those Congress leaders who keep shamelessly comparing RSS with terror organizations like Hizbul among others must pity themselves! Why Pranab attended RSS meeting in June 2018 in its headquarters in Nagpur  if it is a terror organization even before his death? Let Congress leaders not forget that at that event organized by RSS, Pranab had talked about the celebration of diversity and tolerance and underlined how India’s identity had taken shape after a “long-drawn process of confluence, assimilation and co-existence”. RSS Chief Mohan Bhagwat himself described Pranab Mukherjee as a “guide for the Sangh who didn’t believe in political untouchability”.

                                      It is high time and all those Congress leaders must now really stop fooling themselves who term “RSS” on same footing as “Hizbul” and “other terror organizations” and instead be more tolerant like “Pranabda” who always respected even his worst political opponents! The earlier they do this, the better it shall be for their long term political interests also! It is the top leadership of Congress which must understand this best as it is they who call the shots and decide everything as to what will be the official stand of Congress on such key issues!      

                              Born in Mirati which is a village in undivided Bengal on December 11, 1935, he entered Parliament in 1969. He is a former college teacher with degrees in political science and history (a Masters) and law. He became a protégé to the then PM Indira Gandhi and remained loyal to her even during the Emergency. As he was sidelined after Indira’s death, he felt exasperated and formed his own party but returned to the Congress after reconciliation with Rajiv Gandhi who realized that some of his close advisers had fed him wrong information on Pranab and he was “a man of strong character”! I am sure that if he was there in Rajiv Gandhi’s Cabinet, Congress would not have lost and would have again won as he knew the art of governing India! He worked commendably with former PM Narasimha Rao as also with former PM Dr Manmohan Singh!

                                    Most pleasing to note that the government has announced a seven day of state mourning for Pranab! During this period, the national flag will fly at half mast on all buildings throughout India, where it is flown regularly, and there will be no official entertainment. This he deserves also being the former President of India! It is Pranab who had tried to bring back the ashes of Netaji Subhash Chandra Bose from Renkoji Temple in Tokyo even though he could not succeed! 

                                                I have just no hesitation to say from my heart that even God must also definitely salute Pranab Mukherjee as he lived the most exemplary life and never hesitated in calling a spade a spade as we saw in the case of Pakistani invader Gen Musharraf! His absence will be always felt in India! But we all can certainly always strive to follow his good ideals and love our motherland more than anything else just like him! There can just be no denying it!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

[No ‘Honour’ In Honour Killing] Extremism And Violence Has Permeated Through Pakistani Society

In a well-reasoned, well-researched, well-analysed and well-articulated judgment titled Muhammad Abbas Vs The State in Jail Petition No. 499 of 2015 (On appeal against the judgment dated 8.9.2015 passed by the Lahore High Court, Lahore in Criminal Appeal No. 300-J/2013 and Murder Reference No. 138/2011), the Supreme Court of Pakistan just recently on August 24, 2020 has observed that extremism and violence has permeated through Pakistani society and it has been brutalized. Not enough is done to ensure that crimes against women do not take place. The Court was also of the view that, “Respect and language play an important role to bring about a positive change in society and using terminology such as ‘Ghairat’ or honour is not helpful.” Very rightly so!  

                      To start with, in this latest, landmark and laudable judgment authored by Justice Qazi Faez Isa for himself and Justice Sardar Tariq Masood of the Pakistan Supreme Court, the ball is set rolling in para 1 wherein it is observed:

“Criminal Miscellaneous Application No. 1636 of 2015: This jail petition has been filed with a delay of 57 days. For the reasons mentioned in the application, the delay is condoned and the petition is entertained for hearing.

Jail Petition No. 499 of 2015: On 20 February 2020 Mr. Tariq Mehmood Bhatt, learned Advocate of the Supreme Court, was appointed to represent the petitioner at State expense, as the petitioner was imprisoned and unrepresented.” 

                           While narrating the brief facts of this notable case, it is then stated in para 2 that, “Muhammad Asghar, the complainant, reported to the police that his sister was killed by her husband, the petitioner. The crime was witnessed by Muhammad Asghai (PW-9) and a neighbor Shahadat (PW-10). The crime was stated to have been committed at 1 am on 17 May 2009 and FIR No. 210 was registered at 5.50 am at Police Station Baraghar, District Nankana Sahib. The petitioner was tried by the learned Sessions Judge, Nankana Sahib and was convicted for the qatl-i-amd (murder) of his wife Mst. Saima Bibi (‘the deceased’ under Section 302(b) of the Pakistan Penal Code (‘PPC’) and sentenced to death. He was also directed to pay compensation of fifty thousand rupees to the legal heirs of the deceased and in default of payment to undergo six months simple imprisonment. Murder Reference, to confirm the death sentence, was submitted to the Lahore High Court, Lahore and the petitioner appealed his conviction and sentence. The learned judges of the High Court upheld the conviction of the petitioner but reduced his sentence of death to one of imprisonment for life because the petitioner had fired only once upon the deceased.”

                     To state the ostensible, the killing of any person cannot be justified and this is underscored in para 13 wherein the key point is that, “For Muslims the Holy Qur’an is the word of God. Killing a person is abhorrent and a grave sin [Holy Qur’an, surah An-Nisa (4) verse 93 and surah Al-Maidah (5) verse 32]. The Holy Qur’an also does not mandate the punishment of death for the offence of adultery [Holy Qur’an surah An-Nisa (4) verse 15 and surah An-Nur (24) verse 2]. If the petitioner suspected his wife of infidelity he should have followed the path prescribed by the Holy Qur’an and the law of Pakistan to resolve the matter.”  

                   Briefly stated, the key point that is contained in para 14 is that, “Making a false allegation of adultery is an offence under section 496C IPC and also constitutes an offence of qazf under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (Published in the Gazette of Pakistan, Extraordinary, Part I, on 9 February 1979). The offence of murder and the offences of false allegation of adultery are separate and distinct offences. The woman or the girl who is killed in the name or pretext of honour has no chance to redeem her honour. She is deprived of both her life and reputation.”

                  Furthermore, it is then observed in para 15 that, “The petitioner who professes to be a Muslim did not follow the methodology commanded by Almighty Allah and the law of Pakistan to resolve his suspicions about this wife. The petitioner then couched his criminal and un-Islamic conduct by stating he became enraged to see his wife in the company of a man and on account of his ghairat he killed her. Almighty Allah loves those who amongst others restrain their anger [Holy Qur’am surah Al-Imran (3) verse 134]. To become enraged is not an admirable trait nor is ghairat. The word ghairat nor the Arabic ghairatan is used in the Holy Qur’an. The Holy Qur’an also does not permit killing on the ground of adultery, let alone on the ground of ghairat (ghairatun in Arabic), nor prescribes a lesser punishment for such killings. The law of Pakistan also does not permit this. It is inappropriate to interpret Chapter XVI of the PPC, which includes section 302 PPC, by disregarding the requirements of Section 338-F PPC, which necessitates seeking guidance from the Holy Qur’an and Sunnah. Reference may also be made to Article 227 of the Constitution of the Islamic Republic of Pakistan (‘the Constitution’) which mandates that, ‘All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Qur’an and Sunnah’.”

                            Be it noted, the Bench of Supreme Court of Pakistan then concedes in para 16 that, “Pakistan has one of the highest, if not the highest per capita honour killings in the world and predominantly the victims are women. By stating that murder was committed on the pretext of ghairat (honour) the murderer hopes to provide some justification for the crime. It may also elevate the murderer’s social status with those not from familiar with Almighty Allah Commands in the Holy Qur’an. This is unfortunately, more so because there is no honour in such killings. Parliament was rightly concerned with the prevalence of such killings and enacted legislation to dissuade, if not stop such crimes. It did so by ensuring that offenders do not avail of the benefit of section 302(c) PPC, for which the maximum punishment is twenty-five years imprisonment but which does not prescribe a minimum punishment. Parliament specifically stipulated that such crimes attract clause (a) or clause (b) of section 302 PPC, for which the punishment is either death or imprisonment for life. However, the Muhammad Qasim case relied on certain obiter observations in the Muhammad Ameer case and after creating another exception to the erstwhile section 300 PPC this exception was applied to bring the offender’s case within the ambit of section 302(c) PPC, even though the Muhammad Ameer case had held that an honour crime did not come within the ambit of section 302(c) PPC. The language of the proviso read with the definition of fasad-fil-arz is clear. If for the sake of argument it is assumed that there was some ambiguity in the proviso, the statement and objectives introducing it had it removed. The provisos (the one inserted in the year 2005 or the one in year 2016) did not intend to nor created another exception for one who kills in the name or pretext of honour in the erstwhile section 300 PPC, nor did it state that such crimes came within the ambit of section 302(c) PPC; on the contrary it said the opposite.”

                                           In this context, the Bench then also makes it a point to mention in para 17 that, “It may be clarified that we have relied on the law with regard to statement of the accused recorded under section 342 as expounded by this Court in the Faiz case, which was a judgment by a five-member Bench and not on the Mohammad Qasim case, a judgment which was by a three-member Bench. We have also not relied on the obiter observations of another three-member Bench in Muhammad Ameer case. In the Muhammad Qasim case the mandatory requirement to seek guidance from the Holy Qur’an and Sunnah, stipulated in 338-F PPC, was not done, therefore Muhammad Qasim cannot be categorized as having decided a question of law or is based upon or enunciates a principle of law (Article 189 of the Constitution of the Islamic Republic of Pakistan).” 

                            No doubt, the Bench then more significantly points out in para 18 which merits mention particularly the relevant part that, “It needs restating that killing is never honourable. And, a murder should not be categorized as such. It will help deter such killings if the term ghairat is not used to describe them. It is also inaccurate to translate ghairat into English as honour. The word ghairat does not have an exact English equivalent. A more accurate translation of the trait, of ghairat would be ‘arrogance’ and the one with such trait is an ‘arrogant’ person.”

                                  Most significantly, the Bench then further very rightly holds in para 19 that, “Extremism and violence has permeated through Pakistani society and it has been brutalized. Not enough is done to ensure that crimes against women do not take place. Respect and language play an important role to bring about a positive change in society and using terminology such as ghairat or honour is not helpful. The Constitution mandates that ‘tolerance and social justice, as enunciated by Islam, shall be fully observed’ (Preamble and Objectives Resolution of the Constitution of Republic of Pakistan which is required to be given ‘effect’ to (per Article 2A), Almighty Allah commends humility [Holy Qur’an, surah Al-A’raf(7) verse 94], loves kindness [Holy Quran, surah Al-Ma’idah (5) verse 13] and calls upon his slaves to overlook human faults and cultivate gracious forgiveness [Holy Qur’an, surah Al-Hijr (15) verse 85]. One of the Principles of Policy set out in the Constitution requires that, ‘Steps shall be taken to ensure full participation of women in all spheres of national life (Article 34 of the Constitution of the Islamic Republic of Pakistan). Therefore, adverse assumptions, as made in the present case, cannot be permitted. Another Principle is that ‘The State shall protect the marriage, the family, the mother and the child’ (Article 35 of the Constitution of the Islamic Republic of Pakistan). When women and girls are not protected but rather killed in the name or on the pretext of honour the family is destroyed.”   

                           It goes without saying that the Pakistani establishment and the Pakistani ruling party must take serious note of what has been said so clearly, categorically and convincingly by none other than the Supreme Court of Pakistan itself! The whole world should also now take very serious note of it and reputed international organizations instead of taking potshots on Prashant Bhushan’s case should concentrate their energies on what the Pakistan Supreme Court has said so bluntly on honour killings, extremism and hatred that has permeated through Pakistani society! This is the crying need of the hour also!

              Needless to say, honour killings and extremism cannot be justified under any circumstances whatsoever! Pakistan is on the verge of being blacklisted because of extremism and violence. It must wake up at least now and start taking reformative steps!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

Writ Petition Not Maintainable Against Judicial Order Passed By High Court

In a well-reasoned, well-analysed, well-drafted and well-articulated judgment titled Neelam Manmohan Attavar vs Manmohan Attavar (D) Thr LRs Transferred Case (Criminal) No. 1 of 2020 delivered on September 3, 2020, the Supreme Court has held that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. It held that, “Merely assailing the order as an order which is void would not enable a litigant to avoid the consequences which emanate from the order, by instituting a writ petition under Article 226.” Very rightly so!

            To start with, a two Judge Bench of Apex Court comprising of Justice DY Chandrachud and Justice KM Joseph sets the ball rolling by first and foremost observing in para 1 wherein it is pointed out that, “The petitioner instituted a writ petition (Writ Petition 44237 of 2018) under Article 226 of the Constitution seeking to challenge a judgment dated 31 July 2018 delivered by a Single Judge of the High Court of Karnataka in the exercise of the criminal revisional jurisdiction. The relief which was sought in the writ petition was that the judgment of a Single Judge of the High Court dated 31 July 2018 in Criminal Revision Petition 282 of 2018 “may be declared void/disabled/recalled”. For convenience of reference, the prayers in the writ petition are extracted below:

“1. The Writ may be permitted.

 2. Judgment dt 31.7.2018 passed in Crl RP 282/2018 may be declared void/disabled/recalled to protect rights and secure probity in public life.

3. De novo/Fresh – Free hearing may be recommended before a higher/full Bench”.”

                 To put things in perspective, it is then revealed in para 2 that, “The writ petition before the High Court has been transferred to this Court on 13 December 2019 under Article 139A of the Constitution in Transfer Petition (Criminal) No. 342 of 2019. The order of transfer reads thus:

“Having heard the petitioner-in-person and the learned counsel appearing for the respondents and gone through this transfer petition filed under Article 139A of the Constitution of India and considering the facts and circumstances of the case, we deem it fit and proper to transfer W.P. No. 44237/2018 titled as “Neelam Manmohan Attavar Vs. Manmohan Attavar (D) through LRs” from the High Court of Karnataka to this Court.

We order accordingly.

The Registry is directed to immediately transmit a copy of this order to the High Court forthwith.””  

                    While elaborating in detail the sequence of events, it is then stated in para 3 that, “The proceedings which have culminated in the institution of a writ petition under Article 226 of the Constitution before the High Court need to be summarized briefly at this stage. The petitioner instituted proceedings (Criminal Misc – Petition No. 179 of 2013 renumbered as Criminal Misc Petition No. 139 of 2015) under Section 12 of the Protection of Women from Domestic Violence Act 2005 (Act). On 30 July 2015, the petition was dismissed by the Metropolitan Magistrate, Traffic Court-II, Bengaluru. On 5 November 2015, in an appeal (Criminal Appeal No. 1070 of 2015) arising out of the dismissal of the proceedings, the interim relief seeking residence and expenses was initially refused by the Additional Sessions Judge, Bengaluru. Subsequently, on 19 September 2016 in a petition (Writ Petition No. 49153 of 2016) under Article 226 filed by the petitioner, the Single Judge recognised a right of residence to the petitioner in a house situated at Bengaluru and, on 24 October 2016, directed the withdrawal of the appeal to the High Court. These orders of the High Court became the subject matter of proceedings before this Court in Civil Appeal Nos. 2500 and 2502 of 2017. On 14 July 2017, this Court set aside the orders passed by the High Court in regard to residence and for the withdrawal of the appeal to itself. On 17 August 2017, this Court also dismissed a petition seeking a review of its judgment dated 14 July 2017. As a consequence of the judgment rendered by this Court, the appeal filed by the petitioner before the Additional City Civil and Sessions Judge was heard on merits and was eventually dismissed by an order dated 17 February 2018. The petitioner carried the matter in revision (Criminal Revision Petition No. 282 of 2018) which was dismissed by the High Court on 31 July 2018. Challenging the order of the High Court, the petitioner filed a writ petition under Article 226 of the Constitution. The writ petition has been transferred to this Court under Article 139A by an order of this Court dated 13 December 2019.”

                               While narrating the petitioner’s version, it is then pointed out in para 4 that, “The petitioner who has appeared in person has submitted that the writ petition under Article 226 is maintainable on the ground that the order dated 31 July 2018 of the High Court is void ab initio. Elaborating her submissions, the petitioner has urged that the order has not been written by the Judge of the High Court. Moreover, the petitioner submits that the High Court, while disposing of the criminal revision, has not exercised its jurisdiction in a manner consistent with the provisions of Section 397 of the Code of Criminal Procedure 1973. On merits, the petitioner has assailed the correctness of the findings of the High Court, which affirmed the judgment of the appellate court and held that the original respondent with whom the petitioner claims to have entered into a relationship ‘in the nature of marriage’ had a subsisting marriage, and hence such an alleged relationship could not have been legitimately recognized in law. The petitioner has challenged this finding of the High Court, together with the other findings to the effect that (i) there was no shared household; and (ii) there was no proof of marriage. The petitioner challenges these findings on the ground that they are erroneous.”  

           Furthermore, while continuing in the same vein, it is then further pointed out in para 5 that, “The petitioner has further submitted that in order to put forth a claim based on a relationship in the nature of marriage, it is not necessary under the law that neither of the parties should have a subsisting marriage and that notwithstanding the fact that the respondent was in a subsisting marriage, a valid claim under the Act would be maintainable in a situation such as the one which has been set up by the petitioner as the foundation for the grant of relief. She urged that in a situation such as the present, if the respondent who had a subsisting marriage entered into a relationship with her, there is no reason why a woman in the relationship should be left without a remedy.”  

                            Be it noted, it is then pointed out in para 8 that, “The original respondent has died on 12 December 2017. His Legal Representatives have been impleaded as parties to the writ petition.”

                        Most significantly, it is then held clearly and convincingly in para 9 that, “Having heard the petitioner who appears in person and Mr. Balaji Srinivasan, learned counsel appearing on behalf of the Legal Representatives of the original respondent, we are of the view that a writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. In the present case, the High Court has exercised its revisional jurisdiction. Merely assailing the order as an order which is void would not enable a litigant to avoid the consequences which emanate from the order, by instituting a writ petition under Article 226. A litigant is not without her remedies. An order which has been passed by the High Court can either be assailed in a Letters Patent Appeal (in those cases where the remedy of a Letters Patent Appeal is available in law) or by way of a review (where the remedy of a review is available in a certain class of matters). A remedy is available to a litigant against a judicial order of the High Court passed in revisional proceedings, under Article 136 of the Constitution before this court.”   

                        What’s more, it is then held in para 10 that, “In the present case, the order dated 31 July 2018 is amenable to the jurisdiction of this court under Article 136 of the Constitution. Though the petitioner has attempted to urge the merits of her grievances against the order of the High Court in these proceedings, we are not inclined to express any opinion on them, so as not to preclude the rights and remedies which are open to the petitioner in the form of a petition under Article 136 of the Constitution. Though the order of the High Court was passed on 31 July 2018, the petitioner who has appeared in person had initially instituted a writ petition under Article 226 which, as we have noted earlier, was transferred to this Court on 13 December 2019. Should the petitioner choose to espouse the remedy which is available under Article 136 of the Constitution, it would be open to her to explain the delay which has been occasioned on the ground that she was pursuing a remedy which has, by this order, been found to be not maintainable. We, thus, leave open specifically all the rights and contentions of the petitioner in a substantive challenge to the judgment of the High Court dated 31 July 2018 in proceedings under Article 136 of the Constitution.”

                              As it turned out, it is then made palpably clear in para 11 that, “Before concluding, it would be necessary for the Court to record that having regard to the fact that the petitioner appears in person, the Court had indicated to her that an amicus curiae may be appointed to assist her in preparing the case without obviously, any involvement of financial expenditure on her part. The petitioner has declined legal assistance stating that she is competent to pursue her own rights and remedies.”

                           Finally, it is then held in the last significant para 12 that, “For the above reasons, while we have come to the conclusion that the writ petition under Article 226 of the Constitution was not maintainable for assailing the judgment of the Single Judge of the High Court dated 31 July 2018, we expressly leave open the rights and remedies available to the petitioner, including by way of a Special Leave Petition under Article 136 of the Constitution to assail the judgment of the Single Judge of the High Court of Karnataka in proceedings before this Court. We, therefore, decline to entertain the substantive petition under Article 226 of the Constitution seeking a declaration of the invalidity of the order dated 31 July 2018 while expressly keeping open the rights and remedies available to the petitioner under Article 136 of the Constitution.”   

                       The larger point that is made in this noteworthy judgment delivered just recently on September 3, 2020 is as stated in the beginning: A writ petition under Article 226 of the Constitution would not be maintainable in order to challenge an order which has been passed by the High Court in the exercise of its judicial powers. All the litigants must always keep this in mind. There can be no denying or disputing it!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

General Directions For Investigation And Trial In POCSO Cases

In a righteous, remarkable and recent decision, the Kerala High Court in Abhishek K.A. @ Bhanu vs. State of Kerala in Case No. : CRL.A. No. 1087 of 2019 has as recently as on September 9, 2020 issued general directions to be followed by the Investigating authorities and Trial Courts while dealing with POCSO crimes and cases. Justice PB Suresh Kumar who authored this latest, landmark and extremely laudable judgment minced no words to state upright that lack of professionalism is writ large in the investigations in the POCSO cases. This generated the dire need for the issuance of general directions for investigation and trial in POCSO cases. The needful was done by the Kerala High court in this noteworthy judgment!

        For the sake of brevity, it would be wise to straightaway discuss the general directions issued by the Kerala High Court in this case which has made this decision so landmark. It is stated in para 14 that, “On a careful appraisal of the situations prevailing in the State as regards implementation of the provisions of the POCSO Act revealed from the large number of cases arising under the statute, I am of the view that the system in place needs to be improved radically, and the same would not be possible without the interference of this court. In the aforesaid circumstances, the following general directions are issued in exercise of the power of this court under Articles 226 and 227 of the Constitution of India, with a view to protect the children involved in the cases from the risk of secondary victimization and to make the justice delivery under the statute effective and meaningful:

1.  The State Government shall take immediate steps to make the One-Stop Support Centres directed to be established by the Apex Court in Nipun Saxena, operational. The State Government shall thereafter establish in a time bound manner as many One-Stop Support Centres needed in the State, so that victims of cases arising under the POCSO Act need not go anywhere else for the purposes of the POCSO Act.

2.  The State Government shall appoint a Nodal Officer at the appropriate level, within two months from the date of receipt of a copy of the judgment; to coordinate the activities of the various Government Departments towards implementation of the provisions of the POCSO Act, and that officer shall identify and resolve the issues that impede the proper implementation of the POCSO Act in the State in the manner in which it is conceived. That officer shall also be the one point contact for all stakeholders to place before the Government the various issues that impede the implementation of the statute to be tackled by the Government.

3.  The Nodal Officer so appointed shall be responsible for coordinating the training of the various stakeholders including the Police personnel in juvenile justice principles, to ensure consistency in their approach.

4.  The Registrar (Subordinate Judiciary) of this Court shall, in coordination with the Nodal Officer of the State Government and the Kerala Judicial Academy, impart to the Presiding Officers of the Special Courts training in juvenile justice principles from the best available resources, including the training of UNICEF.

5.  The State Government shall consider whether the Child Protection Officers and Child Welfare Officers in the Police force could be formed into a separate cadre, so that they would function as Child Protection Officers and Child Welfare Officers wherever they are transferred and if it is not possible, ensure that Child Protection Officers and Child Welfare Officers are posted in every police station after appropriate training.     

6.  The State Government shall take immediate steps to fill up the vacancies in the Forensic Science Laboratories in the State to ensure that shortage of man power in the Laboratories is not hampering investigations and trials of the cases arising under the POCSO Act.

7.  The State Government shall take appropriate steps forthwith to ensure that competent among the eligible aspirants for appointment as Special Public Prosecutor are appointed to that post.

8.  The Director General of Prosecution and the State Public Prosecutor shall ensure that the Special Public Prosecutors conducting prosecution in cases arising under the POCSO Act are imparted proper training either directly or in co-operation with the Kerala Judicial Academy.

9.  The State Police Chief shall designate a woman IPS officer in every district, to oversee and ensure that the investigations of cases arising under the POCSO Act are conducted strictly adhering to the provisions contained in the POCSO Act and the Rules made thereunder and having due regard to the guidelines formulated under Section 39 of the POCSO Act. If a woman IPS Officer is not available in a district, the State Police Chief would be free to designate one of the available IPS officers for the said purpose.

10. The IPS officers so designated shall ensure that investigation of the cases arising under the POCSO Act are conducted only by the officers who are trained in Juvenile Justice Principles.

11. The IPS officers so designated shall ensure that statements of the children involved in the cases are taken only by trained officers, adhering to the guidelines prepared by the State Government in this regard.

12. The IPS officers so designated shall ensure that statements of the children involved in the cases are taken only when they are physically and psychologically fit to give statements.

13. The Magistrate or Police Officer recording the statements of the children involved in the cases shall, wherever possible, ensure that the audio and video of the same are recorded, as provided for under Section 26(4) of the POCSO Act.

14. The IPS officer so designated shall ensure that evidence to prove the sexual abuse through physical as well as behavioural indicators are also collected in every case, having due regard to the guidelines formulated by the State Government in this regard.

15. The IPS officer so designated shall ensure that the experts in the field of Psychology and Psychiatry are cited as witnesses in cases where the behavioural indicators of the child need to be explained.

16. The IPS officer so designated shall ensure that the investigating officers are not swayed by any sort of pressures from any corner, whatsoever, including media.

17. The IPS officer so designated shall ensure that the medical evidence collected by the investigating officers in the cases are consistent with the statement of the children and if not, take necessary steps to conduct further probe as to the inconsistency.

18. The IPS officer so designated shall ensure, before filing the final report in every case, that satisfactory evidence is collected to arrive at the conclusion as to the guilt or innocence of the accused, and if the case is built solely on the statement of the child, ensure also that the statement of the child is one voluntarily given, if necessary, by examining the audio/video recording of the statement and shall, if necessary, obtain the opinions of Psychologists, Psychiatrists and other experts in the field to ensure the correctness of the statements.

19. The Kerala State Legal Services Authority shall prepare a separate panel of experienced advocates having sufficient standing to represent child victims of sexual abuse cases to advise their family/guardians as to their rights and for rendering necessary legal aid to them in the various proceedings in respect of the child.

20. As and when the first information report concerning an offence under the POCSO Act is furnished to the Special Court, the Special Court shall give a communication to the District Legal Services Authority concerned and the District Legal Services Authority shall provide a lawyer to the family or the guardian of the child forthwith, if the family or the guardian of the child are unable to afford a lawyer.

21. The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Legal Services Authority for the various benefits to which the child is entitled to, including the benefits in terms of the guidelines issued by the Government under Section 39 of the POCSO Act.

22. The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child as the case may be, shall be at liberty to move the Special Court for appropriate directions for interim compensation, after the registration of the first information report, as provided for under Rule 9 of the Protection of Children from Sexual Offences Rules, 2020, and if interim compensation is ordered by the Special Court, the same shall be forthwith paid to child by the Legal Services Authority.

23. The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Special Court for appropriate directions regarding the investigation of the case in accordance with the decisions of the Apex Court in Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 and Vinubhai Haribai Malaviya and Others v. State of Gujarat and Another, 2019 SCC Online SC 1346.

24. The State Government shall take necessary steps forthwith to enable the Kerala State Legal Services Authority to draw and disburse the compensation payable to the victims in cases arising under the POCSO Act, in terms of the provisions of the Kerala Victim Compensation Scheme 2017 by considering the requests made by the Legal Services Authority in this regard, or by providing advance amount to them, and shall ensure that no victim is made to wait for the compensation ordered to be paid by the Special Court, especially for meeting an urgent need.

25. The Special Courts shall ensure that the trial in the cases arising under the POCSO Act is conducted having due regard to the guidelines prescribed by the State Government under Section 39 of the POCSO Act.

26. The Nodal Officer directed to be appointed by the Government in terms of this order shall file a report in this matter once in three months, until relieved from that obligation, indicating the various steps taken in compliance with the directions in this order, notwithstanding the disposal of the criminal appeal, and the criminal appeal would be deemed to be pending for the said limited purpose. The Nodal Officer would also be free to seek appropriate modification of this order, if situations warrant.

27. The registry shall communicate this order to the Special Courts in the State, the Judicial Magistrates in the State empowered to record the statements of the witnesses, the Director General of Prosecution and the State Public Prosecutor, the Kerala State Legal Services Authority and to the Kerala Judicial Academy.

                      Most significantly, it goes without saying that these invaluable general directions for investigation and trial in POCSO cases must be implemented forthwith in letter and spirit. It will ensure that children’s legal rights are protected and properly given effect to by which the concerned child would benefit immensely! It brooks no more delay! There can be no denying it! All the lawyers, Judges, law students and those having an interest in law must read these invaluable general directions as it will enable them to have a better understanding on this key subject!

   As it turned out, the Kerala High Court thus dismissed the appeal that the accused in this case had filed against his conviction and sentence for his worst sexual acts against a boy of 11 years. The Kerala High Court noted in its judgment that it is explicit from the materials on record that the prosecution has proved the guilt of the accused under Sections 5(l) and 5(m) read with Section 6 of the POCSO Act, beyond reasonable doubt. Very rightly so!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

Allegations Cannot Continue If Exoneration in Departmental Proceedings is on Merits

In a latest, landmark and laudable judgment titled Ashoo Surendranath Tiwari vs Deputy Superintendent Of Police, EOW, CBI & Anr. in Criminal Appeal No. 575 of 2020 (arising out of SLP (Crl.) No. 5422 of 2015), the Supreme Court has held explicitly, effectively and elegantly that in a case of exoneration in departmental proceedings on merits and where the allegation is found to be not sustainable at all and the person is held innocent then criminal prosecution on the same set of facts and circumstances cannot be allowed to continue. The three Judge Bench headed by Justice RF Nariman observed clearly, categorically and cogently that standard of proof in a departmental proceeding being based on preponderance of probability is somewhat lower than the standard of proof in a criminal proceeding where the case has to be proved beyond reasonable doubt. Very rightly so! 

                          To start with, the ball is set rolling in para 2 of this notable judgment authored by Justice RF Nariman for himself, Justice Navin Sinha and Justice Indira Banerjee wherein it is observed that, “We have heard Mr Subhash Jha, learned counsel appearing for the appellant and Mr Vikramjit Banerjee, learned ASG appearing on behalf of the respondent.”

                While narrating the facts of the case, it is then stated in para 3 that, “This case arises out of an FIR that was registered on 09.12.2009 as regards a MSME Receivable Finance Scheme operated by the Small Industries Development Bank of India (SIDBI). It was found that since some vendors were complaining of delay in getting their payments, SIDBI in consultation with Tata Motors Limited, advised the vendors of Tata Motors Limited to furnish RTGS details for remittance of funds. It was found that for making payments in RTGS for various purchases made by Tata Motors Limited from one Ranflex India Pvt. Ltd. (hereinafter referred to as “vendor”), 12 payments amounting to Rs. 1,64,17,551/- (Rupees one crore sixty four lakhs seventeen thousand five hundred fifty one only) were made through RTGS by SIDBI in the vendor’s account with Federal Bank, Thriupporur. Ultimately, SIDBI was informed by the vendor that it has an account with Central Bank, Bangalore and not with Federal Bank, Thriupporur. On account of this diversion of funds, an FIR was lodged in which a number of accused persons were arrested. We are concerned with the role of the appellant who is Accused no. 9 in the aforesaid FIR.” 

                        While continuing in the same vein, it is then brought out in para 4 that, “A charge-sheet was then filed on 26.07.2011 in the Court of Special Judge, CBI cases in which it was alleged that the appellant had received an email on 25.05.2009 containing the RTGS details for the account with Federal Bank, Thrippour, which he then forwarded to Accused No. 5 (Muthukumar) who is said to be the kingpin involved in this crime and is since absconding. Apparently, based on Muthukumar’s approval, the appellant then signed various cheques which were forwarded to other accounts.” 

                To be sure, it is then further brought out in para 5 that, “By an order dated 27.06.2012 passed by the learned Special Judge, CBI (ACB), Pune, it was found that since no sanction was taken under the Prevention of Corruption Act, offences under that Act cannot, therefore, be proceeded with against this accused and he was discharged to that extent. So far as sanction under Section 197 of the Cr.P.C. is concerned, the Special Judge came to the conclusion that there was no need for sanction in the facts of this case. Finding that there was a prima facie case made out against the appellant, the Special Judge refused to discharge the appellant from the offences under the IPC.” 

             Briefly stated, it is then disclosed in para 6 that, “By the impugned judgment dated 11.07.2014, the High Court agreed with the learned Special Judge that there was no need for sanction under Section 197 Cr.P.C. The High Court then considered an Order of the Central Vigilance Commission (CVC) dated 22.12.2011 which went into the facts of the case in great detail and concurrent with the Competent Authority that on merit no sanction ought to be accorded and no offence under the Penal Code was in fact made out.” It is further pointed out in this same para that though this report was heavily relied upon before the High Court, the High Court had brushed it aside.

                             Needless to say, it is then further pointed out in this same para 6 that, “A reading of this Report shows that, at the highest, the appellant may be negligent without any criminal culpability. In fact, the positive finding of the CVC that the appellant appears to be a victim of Muthukumar’s plot is of some importance.”

                        Most significantly, the key point that is then mentioned in para 7 is that, “A number of judgments have held that the standard of proof in a departmental proceeding, being based on preponderance of probability is somewhat lower than the standard of proof in a criminal proceeding where the case has to be proved beyond reasonable doubt.” The relevant case law cited in para 7 first is that of P.S. Rajya vs State of Bihar, (1996) 9 SCC 1. The other relevant case law cited is that of Radheshyam Kejriwal vs State of West Bengal and Another (2011) 3 SCC 581. It is then pointed out that, “After referring to various judgments, this Court then culled out the ratio of those decisions in paragraph 38 as follows:-

‘38. The ratio which can be culled out from these decisions can broadly be stated as follows:-

(i)                         Adjudication proceedings and criminal prosecution can be launched simultaneously;

(ii)                      Decision in adjudication proceedings is not necessary before initiating criminal prosecution;

(iii)                   Adjudication proceedings and criminal proceedings are independent in nature to each other;

(iv)                   The finding against the person facing prosecution in the adjudication proceedings is not binding on the proceeding for criminal prosecution;

(v)                      Adjudication proceedings by the Enforcement Directorate is not prosecution by a competent court of law to attract the provisions of Article 20(2) of the Constitution or Section 300 of the Code of Criminal Procedure;

(vi)                   The finding in the adjudication proceedings in favour of the person facing trial for identical violation will depend upon the nature of binding. If the exoneration in adjudication proceedings is on technical ground and not on merit, prosecution may continue; and 

(vii)                In case of exoneration, however, on merits where the allegation is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue, the underlying principle being the higher standard of proof in criminal cases.’

             Finally, the last important point made in para 7 is that it is pointed out in simple and straight language that, “From our point of view, para 38(vii) is important and if the High Court had bothered to apply this parameter, then on a reading of the CVC report on the same facts, the appellant should have been exonerated.”

                    Now regarding this latest, landmark and laudable judgment, it is then held in the last relevant para 8 that, “Applying the aforesaid judgments to the facts of this case, it is clear that in view of the detailed CVC order dated 22.12.2011, the chances of conviction in a criminal trial involving the same facts appear to be bleak. We, therefore, set aside the judgment of the High Court and that of the Special Judge and discharge the appellant from the offences under the Penal Code.”   

         To conclude, the three-Judge Bench of the Apex Court set aside the judgment of the High Court and that of the Special Judge and gave reasons also which we have already discussed above citing the relevant case laws. Para 38(vii) is very important and sums up the essence of this latest ruling which has been discussed threadbare already above! There can be no denying or disputing it!   

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

Future Guidelines For Maintaining Rape Victim Anonymity

In a fresh and significant development, the Kerala High Court has just recently on September 9, 2020 in a latest, landmark and extremely laudable judgment titled X vs State of Kerala in Case No. : Crl. MC No. 3463 of 2020 issued some future guidelines for maintaining rape victim’s anonymity in the matters instituted before it. Justice PB Suresh Kumar who authored this recent, remarkable and righteous judgment while considering a petition arising out of a bail order passed by POCSO Court had observed that in several matters instituted before the High Court the identity of the victim is disclosed directly or indirectly. In some matters, identity is disclosed in the pleadings and in some others, identity is disclosed in the documents produced along with the pleadings. This most condemnable and dangerous tendency has to be reined in and this is exactly what this brilliant, bold and balanced judgment seeks to do!

Photo by Jeffrey Czum on Pexels.com

                         To start with, the ball is set rolling first and foremost in the introductory part as mentioned in para 1 which states that, “This is a proceedings challenging Annexure-4 order passed by the Special Court for Trial of Offences under the Protection of Children from Sexual Offences Act, Thalassery, in terms of which the sole accused in Crime No. 94 of 2020 of Panoor Police Station renumbered as Crime No. 33 of 2020 of CBCID, Kasaragode was enlarged on bail.” 

            While dwelling on the facts of the case, it is then enjoined upon in para 2 that, “The petitioner is the mother of the victim in the case. The victim is aged about 10 years. The second respondent who is the accused in the case is a teacher in the school where the victim is pursuing her studies. The accusation in the case is that the accused committed sexual assault on the victim girl on several occasions in between 15.01.2020 and 02.02.2020 at the bathroom of the school. The case was, therefore, registered for offences punishable under Sections 376(2)(f), 376AB and 354B of the Indian Penal Code (the IPC) and Sections 5(f), 5(l) and 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).”

                         Moving on, it is then illustrated in para 3 that, “The accused, on his arrest, moved the Special Court for bail on a few occasions and all the applications preferred by him in this regard have been dismissed. The accused, thereupon, moved this court for bail, and this court also declined bail to the accused in terms of Annexure – 3 order. Later, since the final report in the case has not been filed despite the accused being in custody for 90 days, the accused filed Crl.M.C.No.890 of 2020 before the Special Court for bail under Section 167(2) of the Code of Criminal Procedure (the Code). When the said application was pending, the final report in the case has been filed alleging commission of offences punishable under Sections 323 and 324 of the IPC and Sections 75 and 82 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Annexure – 6 is the final report. It is, however, stated in Annexure – 6 final report that the investigation in the case as regards the remaining offences is yet to be completed, and as and when the investigation is completed, supplemental final report would be filed in the matter. When the final report was filed, the accused filed Crl.M.C.No.1559 of 2020 in the pending proceedings, praying for orders to treat the proceedings as one instituted under Section 439 of the Code. In the meanwhile, the investigating officer in the case filed an application seeking permission of the court for conducting further investigation in the matter under Section 173(8) of the Code and the Special Court allowed the said application. The Special Court took the view that insofar as the investigation in the case has not been completed despite the accused being in custody for 90 days, the accused is entitled to bail, and accordingly he was enlarged on bail in terms of Annexure – 4 order. As noted, the petitioner is aggrieved by Annexure – 4 order.”    

                 But the petitioner’s arguments failed to impress the Kerala High Court.  The accused was found to be entitled to bail under Section 167(2) of the Code. The Criminal M.C. was found to be without merits and the same was accordingly dismissed!

                  Most significantly and most remarkably, the Kerala High Court in its final order without mincing any words goes on to observe that, “It is observed that in several matters instituted before this court where victim anonymity is to be maintained, the identity of the victim is disclosed directly or indirectly. In some matters, identity is disclosed in the pleadings and in some others, identity is disclosed in the documents produced along with the pleadings. It is also observed that though documents revealing the identity of the victim are produced in sealed covers in the light of the decision of the Apex Court in Nipun Saxena and another v. Union of India and others, (2019) 2 SCC 703, there is no system in place to maintain victim anonymity, once the sealed covers are opened by the court. In the case on hand, it is observed that the opened cover containing the documents were sent back to the section and brought back from the section to the court on the subsequent hearing dates. It is also observed that there is no system in place for disposal of the documents produced in sealed covers, after the final disposal of the case. Similarly, it is observed that the registry is insisting copies of the documents revealing the identity of the victims to be given to the opposite parties in the matter. There is no system in place to maintain victim anonymity in such situations. Needless to say, the procedure in place to maintain victim anonymity is against the spirit of Section 228A of the Indian Penal Code, Sections 24(5), 33(7) and 37 of the Protection of Children from Sexual Offences Act, 2012, and the decision of the Apex Court in Nipun Saxena. In the circumstances, the following directions are issued for future guidelines for maintaining victim anonymity in the matters instituted before this court:  

1.  The criteria for deciding the identity of the victim shall include the identity of the family of the victim, the school/college of the victim, the place of work of the victim, the relatives of the victim, the neighbourhood of the victim and all other information from which the identity of the victim would be revealed. 

2.  In all proceedings instituted by or on behalf of the victim and against them, documents in which the identity of the victim is disclosed, either required in terms of the rules of the court or produced by the parties concerned to substantiate their case, shall be insisted to be filed in a sealed cover.

3.  The registry shall designate an officer for the proper custody of documents produced in, sealed covers in cases where victim anonymity is to be maintained and shall provide to that officer necessary infrastructure for keeping custody of the documents. Such officer shall be bound by the highest standards of confidentiality.

4.  After the matter is numbered, registry shall forward the documents received in sealed covers in a self-sealing bag/envelope of appropriate size preferably one having a provision for tamper proof seal as well, or in other similar tamper proof bag/envelope, after affixing on it a label indicating the particulars of the case under the signature of the Filing Scrutiny Officer concerned to the designated officer for custody and that officer shall ensure that the documents are made available to the court as and when the matters are listed for hearing. 

5.  If the self-sealing bag/envelope in which the documents are kept is opened by the court for perusal of the documents, after the purposes of the court, the same shall be kept in a fresh self-sealing bag/envelope and returned to the designated officer, after affixing on the same a new label indicating the particulars of the case under the signature of the Court Officer concerned. If the self-sealing bag/envelope is opened subsequently by the court, the same procedure directed herein-above shall be repeated. 

6.  The parties producing documents disclosing the identity of the victims need not have to keep or give copies of the same to the opposite parties and they need only refer to such documents in their pleadings.

7.  If the lawyers appearing against the victims require/need to peruse the documents in the sealed covers, they shall peruse the same with the permission of the court and if they are permitted by the court to peruse the documents, the documents shall be preserved in the same manner indicated in the preceding directions.

8.  These directions shall be in force until replaced by the Honourable the Chief Justice by appropriate practice instructions.

                         To sum up, the key point of this well-articulated, well-reasoned and well-drafted judgment are the various guidelines that have been just enumerated above that are imperative for maintaining the rape victim anonymity in cases filed before it. All these guidelines must be followed sincerely and strictly by all the concerned courts in letter and spirit. It brooks just no argument and no delay anymore now!  

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh

Yoga : Morning breakfast and Evening supper to the Body and the Soul

Article by – Shishir Tripathi

Intern at Hariyali Foundation
In collaboration with
Educational News

In the present times, everyone is just running all the time. Whether the person works in an office, or he or she is a home maker or a student too, everyone is so busy in their daily schedule that hardly few people extract time for their physical and mental self. Along with advancements in the field of technology, there are advancements in the diseases too. New diseases are taking birth and troubling the humans.


Individuals post on social media and say ‘Back to Basics’, without even knowing its true meaning. People think that being back to basics means that living a life in a remote area and eating the forest products. But returning to basics in true sense means living in the same surroundings and adopting the good techniques in life to make it disease free and simple too.


For the Indian people, from the ancient times ‘Yoga’ was a very good way to explore the inner self and finding peace of mind. But, the mentality of the people is just going to an air conditioned gym and spending huge amount of money on gym and the protein supplements. Whereas, Yoga is such a simpler exercise that anyone can do it at their place just with a mat beneath them and some time.


Yoga evolves from the Yoga Sutras which were written by Patanjali. Patanjali was a sage in India who is the author of many Sanskrit works including the most important, The Yoga Sutras. The Yoga Sutras of Patanjali are a collection of 196 Sanskrit sutras (aphorisms) on the theory and practice of Yoga. The Yoga Sutras were compiled sometime between 500 BCE and 400 CE by Patanjali in India who synthesized and organized knowledge about yoga from much older traditions.


Swami Vivekananda was the first person to promote and encourage Yoga at the global level. He published a book called ‘Raja Yoga’ in America in 1985 where he wrote about the productivity and the benefits of yoga for an individual. He took references from the Patanjali Yoga Sutras and told the world about the physical, mental and spiritual influence of Yoga in an individual’s life.


Doing Yoga practices early in the morning at the time of sunrise or after it and in the evening too is so beneficial for the body. Asanas in Yoga helps to cure Vata, Pitta and Kapha defects of the Human body. In the physical body, Vata is the subtle energy of movement, Pitta the energy of digestion and metabolism, and Kapha the energy that forms the body’s structure.
The most beneficial Yoga Asana is the Surya Namaskar (Sun Salutation). Under this asana, different other asanas like Pranamasana, Hasta Uttanasana, Hasta Padasana, Ashwa Sanchalanasa, Chaturanga Dandasana, Ashtanga Namaskara, and Bhujangasana. Various other Asana in yoga like Kapaalbhati, Anulom-Vilom, Brahmari,etc which are so helpful for the body.


There are various videos of Yoga teachers teaching Yoga Asanas on Youtube and there are students too pursuing graduation and post graduation in yoga who teach it to others around them. Practicing Yoga and doing it daily afterwards all by self will help an individual to get rid of different types of physical and mental disorders. There is OM chanting too in which the Yogi (person doing Yoga) chants OM, in which there is a practice of breathing along with acquiring spiritual peace at the same time.


At present, the most influential promoter and the best instructor of Yoga is Swami Ramdev. Swami Ramdev is instructing people Yoga in India and all across the globe since 2002. He is the co-founder of the Patanjali brand producing different Ayurvedic products that are useful for the Human body.


Yoga is being practiced by children right from the age of 3, and also by the elderly people of age 65-70 and even more. It is a symbol of Indian culture as it evolved from India. Indians should necessarily know that what Yoga is and how it is performed. It is the reason behind the sharp mind and a healthy body. Not only children, middle aged people and elderly people but the younger generation which is contributing each day a lot in the economy, should practice Yoga each day so that they can tell this precious art to the future generations.

“For a sound body, sound mind and a sound nation, Yoga is the only solution”

REPERCUSSIONS OF OBESITY.

Being healthy or chubby is a particular individual’s personal choice. But is it good for your health? Not really because obesity causes a lot of problems for your body. Obesity is a complex syndrome involving an excessive volume of body fat. It is a medical problem that doubles your danger of other ailments and health problems, such as heart condition, diabetes, high blood pressure, etc. Although there are hereditary, behavioral, metabolic, and hormonal impacts on body mass, obesity occurs while you take in added calories than you burn throughout the exercise and usual daily activities. The body accumulates these extra calories as fat. People with obesity might consume more calories even after they are full, feel starved sooner, or eat more due to tension or worry.

Diseases such as Respiratory Disorders: People with obesity have decreased lung function. They have a larger chance of having respiratory infections. Liver Disease: Obesity is the cause of fatty liver and non-alcoholic fatty liver disease. Fatty liver disease can create scarring of the liver, occurring in worsened liver capacity, and this can lead to liver cirrhosis and liver failure. Stroke: Obesity puts pressure on your entire circulatory system. This pressure raises your risk of stroke. Obesity can lead to other stroke risk circumstances such as heart disease, hypertension, etc.  Sleep apnea: People with obesity are more likely to have sleep apnea, a possibly serious ailment in which breathing frequently stops and starts during sleep. Liquid calorie: People can drink many calories without feeling full, especially calories from alcohol. Other high-calorie beverages, such as soda drinks, can contribute to significant weight increase. Unhealthy diet: A diet that’s huge in calories, lacking in fruits and vegetables, fast food loaded with high-calorie drinks, large servings contribute to weight gain, etc. Inactivity: If an individual has a stationary lifestyle, undoubtedly take in more calories every day than they burn through exercise and usual activities. Working on computers, tablets, and phone screens or involved in sitting activity for too long. The estimate of hours an individual spends sitting with electronics is associated with weight gain. Obesity can diminish the overall condition of living. The person may shun away from people and public places. People with obesity may even face prejudice and other problems such as Depression Disabilities, Lower work achievement, etc.

Obesity can be prevented by losing or maintaining a healthy weight by following certain measures.The intake of fruit and vegetable is 5 to 9 portions every day for adults. Loading your meal with protein and fiber-containing food can help keep calories moderate and decrease the chance of overeating. Avoid oily food and restrict sweets and alcohol. Eat three proper meals a day with restricted snacking.At least get 150 minutes of moderate-intensity exercise a week to prevent weight gain. Slightly intense physical activities include fast walking and swimming.WHO recommends weight training that involves all your major muscles at least two times per week.Adhering to a healthy-weight plan as much as possible increases your chances of long-term success.

Like Mr.Joseph Pilates quoted “Physical fitness is the first requisite of happiness.” 

WHAT ARE THE CONTEMPORARY TRENDS IN THE VOTING BEHAVIOR OF THE INDIAN ELECTORATE

Studying about the voting pattern and election pattern of the world’s largest democracy is a challenge. India has seen a tremendous change in the voting pattern since the first elections of 1952. Election during that time was solely based on the leader and there was principal focus on only one political party but now the situations have changed. India has grown through the 21st century to see a lot of changes within the political system. Starting from the changes during the time of independence till today.

The voting pattern has seen considerable changes lately. During the time of independence the pattern of voting was solely based on the legacy of the nationalist movement. This was because people only voted for the single largest party at that time and that is the Indian National Congress. INC was people’s first choice since it had the legacy of the Independence struggle as well as it had an all India background which accommodated people from all kinds of religion and caste unlike other political parties which had its ground on only a single community of people.

While Today’s political system is quite complicated. The voting pattern has also become quite complex unlike earlier times. These days people’s voting pattern and behaviour have changed a lot. There are many factors for this change. It is quite a complex study where we have to unravel things from the core. For this we have to take a look from where this change in voting period has started from.

       Till the 1977 elections congress party ruled India. The INC consecutively won the elections till 1977. Only to be defeated by the Janata Party. In 1989 INC was again defeated for the second time due to the unpopular rule of the congress and the lack of representation of the regional parties, lower or backward castes, minorities etc. 1989 put an end to the rule of single party system and welcomed in the multi-party coalition system in India.

Most striking trend in the Indian politics is the political competition between the Indian Political Parties that have grown past these years. This rise in the number of the political parties in India is due to the lack of representation of the various regionalities and communities. There has been a constant competition between various communities in the country for power. People are being voted mainly because they belong to a particular community or religion. This pattern of politics emerged only very recently within the country.      

The behaviour of a voter in India is defined by the various factors

  • Religion
  • Caste
  • Performance of the party in power
  • Money
  • Policy

The political parties make use of these factors to attract more voters. Although no party can convince a person to vote for them in the name of religion and caste, this is an important factor

In the elections. Since India is a secular country the political parties nor the government cannot have a tilt towards a single religion. Even still political parties use religion and caste to catch the polls.

RELIGION is one of the main factors which affect the voting behaviour these days in our country. People are more interested to elect for candidates to more or less belong to their same religion or community since they feel that then only they can identify themselves with the leader. Despite India being a secular country and the fact that no religious affiliations can be used in the election matters we can still see that people use the religious sentiments of the people to make use of their vote. Political campaigning’s are also done for the same. For an example the Bharatiya Janata Party (BJP) is the leading political party of India which is said to have the ideology of Hindutva. The party has a tilt towards the Hindu religion. Another example of a political party is the Indian Muslim League which is as the name says a Muslim political party.

The establishment of a secular state along with the freedom of religion – that is to choose to practise, profess and propagate any religion of our choice, treating all religions equally and not putting any religion one above the other , the political parties have failed to keep their word. Even after all these laws the use of religion in politics hasn’t come to and end and it seems like it never will according to the recent political activities and trends. The continued existence of political parties which are one way or the other linked with a religion is the main reason why religion cannot be put away from politics. The very existence of these religious acts as a black hole to the act of secularism in our country. The existence of religious pluralism affects the political system. The selection of a candidate is sometimes solely based on religions preferences. The religionization of socio- political issues by the political parties is one of the methods by which they continue to get the voters in their consideration.

CASTE is yet another important factor in determining the voting behaviour of the people. Caste has always had its root in all kinds of problems in India. Caste is an important determinant in the politics of India. It constitutes an important basis for social relations in the country. Despite the various measure taken stop the discrimination,  caste still continues to an important basis for election. Politics in caste and caste in politics are very common in the Indian political scenario as we all know. Sometimes for the elections to various constituencies people are selected on the basis of their caste. Also while formulating various policies, election strategies and programme caste is taken as a major factor in the backdrop.  Caste system has had its roots for years and so it will take a lot of time for people to weed out these roots even from the political scenario. Votes are brought in the name of caste by the candidates.

Caste is an important determinant for the selection of candidate for the rural population. Despite the various laws and the adoption of secularism, uneducated people mostly living in the rural India choose to vote for people who belong to their own caste. The candidates despite the laws in the country make use of their sentiments to seek vote for them. Although recently this trend has been changing at least in the urban households since as you go up the social ladder caste tends to be invisible. While in the rural areas caste tends to be an important factor in the selection of their leader.

PERFROMANCE OF THE PARTY IN POWER. The performance of the party already ruling is also another important determinant. Each political party comes into power with a election manifesto and various promises. After the elections it is their duty to fulfil all of this and meet the various aspirations of the people. And so the performance of the party during the time it rules is an important factor in determining whether the people should elect for the party next time too.

Improper ruling of the party during its tenure can result in it being not chosen for the next time. The way the party rules influences the people in a big way. We can see an example of this by looking at the example of the elections during 1989. The parties which got elected only stayed in power for a short period of time due to their political instability and the lack of a charismatic leader during the time of ruling. Their unpopular rule with the lack of ideology since it was a coalition lead the people to choose another political party.

MONEY influences people in different ways. Usually people with money and power tend to stay in high positions and rule the people according to their wishes. India is a developing country and most of people live under the poverty line. And so the people having money and power tend to rise to the top. Without other factors like political wave getting involved usually it’s the people with money and power who wins the elections. Rich and the powerful throw around the money to catch the ballot. But this is not always true though because in the 1989 elections congress used a lot of money and power but it couldn’t win the elections. BJP won the elections.

POLICY. Various policies taken by the government or the political parties stand out as an important deciding factor in elections by a common man. When a party announces its political manifesto the policies it takes for the people is an important determinant in voting. A person who doesn’t know much about politics and party tends to take a look at the policies of the party or what it has done in the past years. And so creating a policy that attract the crowd and implementing it in a proper way is important for any party.

These are the various trends which are seen across the country during the election time. The voters turnout has consistently increased from the time of independence till today. People has started to see election as an important way of choosing their leaders. As people are getting educated they started to look into the doings of the party and make a proper decision when it comes to who to vote for. Voting behavior is a form of electoral behavior and understanding it can help us understand how and why people choose to vote for certain people. And the above study was about voting behavior and its determinants.

Some facts about Jagannath Temple

The Shree Jagannath Temple of Puri is an important Hindu temple dedicated to Jagannath, a form of Vishnu, in Puri in the state of Odisha on the eastern coast of India. The present temple was rebuilt from the 10th century onwards, on the site of an earlier temple, and begun by King Anantavarman Chodaganga Deva, first of the Eastern Ganga dynasty.

The Puri temple is famous for its annual Ratha yatra, or chariot festival, in which the three principal deities are pulled on huge and elaborately decorated temple cars. These gave their name to the English term Juggernaut. Unlike the stone and metal icons found in most Hindu temples, the image of Jagannath is made of wood and is ceremoniously replaced every twelve or nineteen years by an exact replica.It is one of the Char Dham.

The temple is sacred to all Hindus and especially in those of the Vaishnava traditions. Many great saints, such as Ramananda and Ramanuja, were closely associated with the temple. Ramanuja established the Emar Mutt near the temple and Adi Shankaracharya established the Govardhana Mutt, which is the seat of one of the four Shankaracharyas. It is also of particular significance to the followers of the Gaudiya Vaishnavism whose founder Chaitanya Mahaprabhu, was attracted to the deity, Jagannath, and lived in Puri for many years.

Some facts about Jagannath Temple is here:–

1. Defying Nature’s Code of Conduct

Even a child knows any piece of cloth is dominated by the wind to fly according to its course. The same principle has numerous applications; from the giant sails on your ship to a small flag in your hand all follow the same code. But it looks like the flag mounted on the top of the Jagannath Temple is a unique exception to the principle. This particular flag flows in the opposite direction to the wind’s course without any scientific background to back it up.

2. The Climb

Every day a priest scrambles the walls of the temple with a height equivalent to that of a 45 storey building, to change the flag atop the temple dome. This ritual dates far back to the day the temple was built. The practice is done with bare hands without any protective gear. It’s believed if the ritual is skipped one day from the calendar, the temple will be shut down for a long 18 years. This might make the professional climbers jealous.

3. A light with no darkness

A necessary detail while sketching anything is shading. Shading happens when sunlight glows one part of the subject leaving a shadow on the other, which ultimately triggers shade. But, what if something has no shadow?
The temple is reported to have no shadow at all, at any time of the day from any directions possible. 

4. The Food Is Never Futile Here

In Hindu mythology, wasting food is considered a bad sign; the Temple crew follows the same.  A total number of people visiting the temple varies between 2,000 to 2, 00,000 people every day. Miraculously, the Parsadam prepared every day is never wasted, not even a bite. 

The cooking technique of prasadam

Pots are actually used to cook this special delicacy using firewood. 7 pots are used for this and they are placed one on top of another. Interesting to note here is that the contents of the topmost pot gets cooked first, followed by the bottom pots

5. Mute Water

Seconds, after you put the first step inside the temple from Singha Dwara entrance, the audibility to the ocean waves is entirely lost. This phenomenon is more prominent in the evening time. Again, no scientific explanation adds up to this fact. The sound returns when you leave the temple.
According to the local lore, it was the will of the Subhadra Mayi, the sister of the two lords who wished for serenity within the temple gates. Hence her will was duly fulfilled.

6. Reverse gear of the Breeze

Take any place on Earth, on daytime the breeze from sea comes to land and the opposite happens in the evening. But, in Puri, the breeze has a tendency to contradict and opt for the exact opposite direction. In the daytime, the breeze blows from land to sea and the opposite in the evening happens.

The flag attached to the top of the temple, for some weird reason, always floats in the opposite direction of the wind. This is something definitely beyond the reach of science.There is a Chakra atop the temple. It weighs a ton and is located at a height of 20 feet. Its positioning is such that no matter where you are in Puri, you will find the Chakra facing towards you. There may be some engineering mystery behind this but that is unknown yet.The site of the Jagannath temple has never been declared as a no-fly zone. Still, for some strange reason, no birds or plane fly above the temple. Some attribute this phenomenon to the divine force.

Jagannath Temple Puri is one of the most miraculous establishments in existence. The happenings associated with it are out of human imagination. If you understand the story then the theory of life and the existence of Lord Jagannath will hover around your mind in an unbelievable way! The temple architecture is still a mystery for modern science. The increasing weight of god’s wooden idols, while carrying temples to the chariot (rath) at the time of Puri Jagannath still a magical mystery for all.

Mythology says that the once King Indradimna – ruler of Puri had a dream and immediately he followed the instructions of the dream. He then found the heart of Lord Krishna floating in the sea. Since then it is believed that the heart rests in the wooden idol of Lord Jagannath. It is taken out for a duration of 12 years which is known as “NABAKALEBARA” – When the idol of the Lord is changed as well.

There are more facts that are still unsolved of our great Jagannath Temple.

Keep calm and go win it!…

I woke up in the morning. On my mobile, I saw local news saying the market will be open as NEET exam is scheduled today. It reminded me of my best friend’s younger brother. He is a NEET aspirant. He is a repeater and has been preparing for 3 years. A few moments later, I received a text from my best friend. He told me, his brother’s exam today. I said yes I know, wish him luck from me. Then he told me that’s the issue. He told me that his brother didn’t sleep for the whole night and only thinking about exam. He was scared and under stress. When he woke up in the morning, he was feeling anxious. He felt his heart beating fast. They called the doctor home. She told them he’s under stress and need some rest. Then he slept for a while and went for the exam.
I know every one of you must have gone through this phase for once in your life. We work hard, try to give our best shot but when the day of the exam arrives, we feel the fear and anxiety. We get stuck in iffs and what iffs. After working hard, we feel anxious thinking about the future. We think about what will happen if we fail. Our mind keep on burdening ourselves under our own expectations or others’.
Every one of us run behind the success, how to win, how to make money, how to be rich, how to earn fame and much more. But no one of thinks or plans about what if it doesn’t work, what should we do then. This is why we struggle when failures give a hug cause we don’t know how to deal with it. We ignored smartly this side of life. But life is harsh, it eventually brings you in rough road. This sudden impact on our old mindset put us in shock and we fall prey to mental problems. I’m not saying we should discourage someone with the fear of failure. But we should make them aware of this fact. This too can happen and you have to be ready for it. From childhood, we keep children away from this darker side of success. When they grow up, they struggle of their own and face this harsh reality all of a sudden. Some couldn’t take it easy and some manage it well.
All I want to say is failures should not be a taboo. We are humans, we make mistakes. Sometimes even after all the efforts, we couldn’t make it. And it is completely okay. It cannot be the end of life. People walk, fall, rise again. This cycle continues forever. It is a never ending loop. We should always remember that god don’t create garbage. If he closes a door for us even after we gave our best then definitely he must be planning something more precious for you. All you need to do is accept failures with calm mind and be ready to rise again. We can rise only if we fall, so take it as a first step towards your rise!…