Pakistan Christian Post Is Your Voice Since 2001

Letter To Editor

Merely condolence from Mamata not enough, Judicial & Parliamentary remedies warranted

Hem Raj Jain

Dear Editor

Sub:- Being Bengali CM Mamata Banerjee seems to be protecting Prez Pranab Mukherjee, another Bengali.

---- On December 3, 2016 a person reportedly died of stroke in a long Q at Hooghly, West Bengal while trying to get permissible cash (merely Rs 2,500 or ~ $ 37) from the bank / ATM which has been denied to him due to illegal and draconian demonetization going-on in India. West Bengal Chief Minister Mamata Banerjee has customarily paid condolence to the victim and his family and asked from PM Modi that “How many more Modi Babu”. But her credentials about her love, care and respect for the people of West Bengal are on test.

With piecemeal and half-hearted approach CM Mamata Banerjee will not be able to get succor & justice to the people of West Bengal / India in the matter of illegal & draconian demonetization (where on one side black money holders are replacing practically all of their black money in old currency with new currency through various means including with the complicity of Bank staff and on other side 99 % of ~ 1.3 Billion innocent and ordinary Indians are suffering excruciatingly in Q etc and even dying in Q and even one lady delivered a baby in Q), unless she gets remedies as mentioned below (which was sent in a letter to CM Mamata and her Cabinet etc on November, 29:-

https://groups.yahoo.com/neo/groups/kashmir-global-network/conversations/messages/50250 OR http://www.pakistanchristianpost.com/letterdetails.php?letterid=799 OR http://www.alwihdainfo.com/India-Point-of-order-can-be-decided-only-by-Chair-and-not-through-any-discussion_a45515.html

Hence if CM Mamata Banerjee is really serious about roll-back of demonetization and wants West Bengal not harassed any more by Union Government then she should:-

(i)- Get raised (through AITMC MPs) the Point-of-order in Parliament about Article 21, 300 A and 78 of the Constitution and Section 26 (2) of RBI Act and Section 304 A of IPC.

(ii)- File writ petition in Kolkata High Court under Article 226 of the Constitution (which has wide jurisdiction than Article 32 meant for Supreme Court) read with Article 21, 300 A and 78 of the Constitution and Section 26 (2) of RBI Act and Section 304 A of IPC.

When CM Mamata ensure these two remedies (in Parliament and in High Court) then only it will be a fitting tribute to the victim who died in the Q (because he was denied his own money through illegal and draconian demonetization)

Regards

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India

Illegal award of PhD at Sindh University Jamshoro

Waheeda Bano Baloch

Despite having not a single PhD Faculty at the Institute of Art & Design, University of Sindh is awarding a PhD to its favorite candidate because of the influential political group of teachers.

The circular is a self-explanatory, in which a retired professor of Sindhi Department Ms. Qamar Jahan Mirza is the guide and another retired professor Ms. Khalida Jamali is a co-guide of the candidate who is presenting his final seminar of PhD in the Institute of Art & Design. Whereas according to HEC rules and Regulation there must have to be 3 full time PhD faculty in a department to launch a PhD program.

This is a sheer violation of the HEC rules and University codes; it is also a educational corruption!

Waheeda Bano Baloch

PhD Candidate

Abteilung für Asiatische und Islamische Kunstgeschichte

Institut für Orient- und Asienwissenschaften

Universität Bonn

Deutschland

Point-of-order can be decided only by Chair and not through any discussion

Hem Raj Jain

Dear Editor

Sub:- In Point-of-order the opposition should include Section 26 (2) of RBI Act and Article 78 along with Article 21 and 300 A of the Constitution (ii)- Law should be same for all. The Govt & RBI should be prosecuted for causing deaths by negligence u/s 304 A IPC etc

On November 28, 2016 Deputy Leader of Upper House of Parliament (Rajyasabha) Anand Sharma (of Congress party) raised ‘Point-of-order’ saying that Government of India is carrying out demonetization since November 8, 2016 illegally / unconstitutionally because it is violating Article 21 and 300 A of the Constitution as explained also in my letter http://www.alwihdainfo.com/Opposition-protecting-Government-and-RBI-from-prosecution-under-Section-304-A-IPC-etc_a45304.html

But Deputy Chairman P. J. Kurien skirted the issue by saying that it can be discussed in debate (which is going-on since November 16, 2016 through adjournment motion and stalled due to demand of opposition that PM Modi should come in Rajyasabha to listen and reply to the debate). Dy Chairman Kurien is legally wrong because Point-of-order can be decided only by Chair on the basis of law / Rajyasabha Rule-book / Constitution and not through any discussion in Rajyasabha

There is on more important legal point which was raised on November, 28 by Leader of Opposition Gulam Nabi Azad (of Congress party) that because Cabinet (including Finance Minister) was not kept in the loop by PM Modi in demonetization process hence only PM Modi can listen and reply to the debate.

But Azad like other opposition members is also trying to protect President Pranab Mukherjee as mentioned at:- http://www.pakistanchristianpost.com/letterdetails.php?letterid=794

Therefore if opposition (Congress party) is really serious about getting succor and justice to the people of India then Gulam Nabi Azad or Anand Sharma should on November 29, 2016 (when Rajyasabha convenes) raise Point-of-order about Article 21, 300A and 78 of the constitution and section 26 (2) of RBI Act.

In case during the process of giving decision on this Point-of-order government tells the Chair that – ‘the Cabinet was not kept in the loop by PM Modi in demonetization process’ – then the Opposition can move impeachment proceeding against President Mukherjee under Article 56 (1) (b) of the Constitution which reads as – “the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in article Article 61 of the Constitution which reads as: -

“[Article 61. (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred by either House of Parliament.

(2) No such charge shall be preferred unless— (a) the proposal to prefer such charge is contained in a resolution which has been moved after at least fourteen days’ notice in writing signed by not less than one-fourth of the total number of members of the House has been given of their intention to move the resolution, and (b) such resolution has been passed by a majority of not less than two-thirds of the total membership of the House.

(3) When a charge has been so preferred by either House of Parliament, the other House shall investigate the charge or cause the charge to be investigated and the President shall have the right to appear and to be represented at such investigation.

(4) If as a result of the investigation a resolution is passed by a majority of not less than two-thirds of the total membership of the House by which the charge was investigated or caused to be investigated, declaring that the charge preferred against the President has been sustained, such resolution shall have the effect of removing the President from his office as from the date on which the resolution is so passed]”.

It is hoped without bothering about their numbers in both the houses of Parliament (because it will come under pressure of the people of India) the opposition will rise to the occasion and will bring succor and justice (to the innocent 99 % of ~ 1.3 Billion people of India who have been killed, harassed and tortured by illegal and unconstitutional draconian-demonetization) by raising Point-of-order about Article 21, 300A and 78 of the constitution and Section 26 (2) of RBI Act.

Regards

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India.

Solution to Kashmir / Machil type problem possible only through ‘UIPP’ from India or Pakistan

Hem Raj Jain

Dear Editor

Sub:- (i)- Danger of entry of blood-thirsty ISIS in AF-PAK-Kashmir region is coming closer by the day (ii)- Kashmir problem can be solved only with end-game in sight

Three Army soldiers were killed in cross border firing by Pakistan on the Line of Control (LoC) in Machil Sector of Kupwara district in north Kashmir on November, 22 (body of one soldier was mutilated which has incensed India especially its military hence India has vowed to give suitable military reply to Pakistan by military escalation and to take fitting retribution).

At the same time unlike in the past when such killing and mutilation by Pakistan used to arouse huge noise in media (by military veterans, strategic & military strategists, political commentators, politicians, academicians, journalists etc) this time in comparison India almost ignored it especially in view of surgical military strike by India against Pakistan on September, 30 which has failed to humble and discipline Pakistan. This is a proof that India is now reconciled to it and has thrown its hands in despair & the sense of helplessness.

But India should not forget that three factors will not allow India to remain in peace (i)- Four and half months shut down in Kashmir (ii)- Jihadi factor where Islam has laid down the lives of , as per media, about one hundred thousand Jihadis for Kashmir. Hence even if governments of India and Pakistan want to forget Kashmir problem, these Jihadis will not unless Muslim Kashmir is snatched from Hindu India. (iii)- The blood thirsty ISIS, which is waiting to enter Kashmir (and through it in AF-PAK-Kashmir region) once youth of Kashmir invite ISIS in Kashmir.

[After four and half months of Kashmir shutdown after killing of Hizbul Commander Burhan Wani on July, 8 ~ 100 Kashmiris mostly youth have lost lives ~ 300 eyes of Kashmiri youth injured and ~ 12,000 Kashmiri youth injured by pellet guns. Hence in desperation the disenchanted and disillusioned Kashmiri youth (from Kashmir-cause-supporters the Separatists from Indian side and Government, military including ISI, Jihadi leaders from Pakistani side) are highly like to invite ISIS in Kashmir as said by PDP MP Muzaffar Hussain Baig too].

In such a situation there is only one possible peaceful (though it may sound a little contradictory through war initiation) solution which is to unite India and Pakistan (under pressure from global community in order to avoid Indo-Pak nuclear war) which is possible only through a genuinely secular political party as mentioned at:- http://www.alwihdainfo.com/J-K-resolve-to-NOW-control-politics-of-India-and-Pakistan-instead-of-present-vice-versa_a44096.html .

It is difficult to say whether this “United India Party’ thus far could not be launched from Kashmir for the want of Rs 50,000 per month for six months total $4,400 (though GOI, as per former Army Chief Gen VK Singh, is giving huge money to Kashmiri politicians, in futility, for keeping situation in Kashmir under control) because of lack of interest in the people of J&K or due to financial dislocation caused by on-going demonetization in India.

Assuming that it is mainly due to lack of interest among Indians to go for united India-Pakistan (because Hindus do not have interest and capacity and capability and competence to rule Muslims) , it will not be off the mark if Pakistanis try to achieve united India-Pakistan through a genuinely secular party which will also fulfill the dreams of Pakistanis to again rule India (which Muslims ruled for ~ 600 years before advent of Britishers in India).

One more thing Pakistanis need to understand. Though it is popularly said that ‘Democracy is of the people by the people and for the people’ but in no democracy of the world people rule directly. People in democracy always rule through political parties. Hence notwithstanding majority of Hindus in united India and Pakistan the ‘United India – Pakistan Party’ (UIPP) sponsored by Pakistani Muslims (by winning the hearts and mind of Hindus in reunited India) can again rule India.

Though on the face of it, this will be much easier for India (~ six times bigger than Pakistan in size, population and economy) to go for war against Pakistan in order to retrieve PoK which is bound to bring international pressure for United India-Pakistan for avoiding Indo-Pak nuclear war. But this is not difficult for Pakistan also to achieve united India-Pakistan in said manner given not much disparity between India and Pakistan in traditional military term (publicly known to every one) because:-

(i)- Disparity in number of military personnel can be bridged by Pakistan by getting battle-hardened Jihadi fighters from all over the world

(ii)- Disparity in economic matters can be bridged to practical purpose from financial help from Islamic countries and China (which China will do due to CPEC where China has even publicly promised, through its Counselor at Lahore, its intervention in case of Indo-Pak war)

(iii)- As known to everybody, the major part of surplus military of India ~ 3 to 5 hundred thousand being bogged down in J&K (doing law & order job under protection of AFSPA, SPA etc) and which, with little military support from China, can be easily trapped by Pakistan by cutting road access from rest of India to J&K.

(iv)- In view of above mentioned, Pakistan can safely try (publicly prepare) such military adventure against India in order to achieve United India-Pakistan which will peacefully solve Kashmir and other related problems, once and for all under international pressure.

Therefore in view of lack of interest on the part of Indians for united India-Pakistan (though it is the only way to stop imminent and otherwise inevitable entry of ISIS in AF-PAK-Kashmir region) the Pakistanis should launch a genuinely secular Party (United India Pakistan Party) and under its pressure should try to rule united India again by achieving united India-Pakistan as mentioned above in some detail.

Regards

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India

Court can declare, RBI bankrupt and demonetization illegal

Hem Raj Jain

Dear Editor

Sub:- Without Rule-of-law gullible Hindu majority India can’t even survive, what to talk of progress.

Unlike Christians and Muslims and like Chinese the Hindus have only one country, India. If Hindu majority India becomes politically untenable then Hindus will be obliterated from the face of the earth. Indians should not forget that Britishers made India what India is today and Britishers could keep India under one political authority through Rule-of-law (major laws like IPC, CrPC, IPC, Evidence Act etc enacted by Britishers have been mainly responsible for administering India even till date). If India gives good-bye to Rule-of-law then it is bound to endanger even survival of India.

Moreover modern form of democracy (introduced by Britishers in pre-partition India) can be run properly only by those people who have moral courage to punish the guilty government / State functionaries who assault the rights of the people.

Notwithstanding ‘Ab-tak 56’ syndrome being promoted these days by and for gullible Indians about this illegal demonetization, the Indians will be taken as unfit for democracy if they do not move Court not only:-

(i)- To get demonetization declared illegal and get it stopped but also

(ii)- To get punished the constitutional & other authorities [Supreme Court (after impeachment, which has allowed further killing and harassment of Indians despite enforceable fundamental rights to life etc under Article 32 of the Constitution), NHRC, President (after impeachment), PM , Cabinet, RBI etc] for killing and harassing / torturing the people without sanction of law as mentioned at:-

http://www.pakistanchristianpost.com/letterdetails.php?letterid=795

Here it is important to understand that the Government of India (GOI) and its political and other defenders are spreading a canard that under Section 26 (2) of Reserve Bank of India Act this demonetization and after that whatever GOI is doing is legal, but in reality it is wrong. The Section 26 (2) of RBI Act reads as – “On recommendation of the Central Board the [Central Government] may, by notification in the Gazette of India, declare that, with effect from such date as may be specified in the notification, any series of bank notes of any denomination shall cease to be legal tender [save at such office or agency of the Bank and to such extent as may be specified in the notification]”.

In Section 26 (2) of RBI Act - “and to such extent as may be specified in the notification” - is most important. If RBI or its office or agency (like Post Office and Banks) refuse to exchange the old notes with new notes by saying that there is no currency available (as per extent or limit say Rs 2,000 or 4,000 per day etc specified in the notification) then Court can declare RBI (through its office or agency) as Bankrupt (because it is unable to repay outstanding debts) and can declare such ‘Immediate-cutoff-demonetization’ illegal.

[Because this extent, as specified in the notification, when un fulfilled (that too and especially regarding currency) would violate constitutional fundamental right of life & liberty of the people under Article 21 and also the constitutional right to property under Article 300A which says no person shall be deprived of his property (currency etc) save by authority of law].

The observation on November, 18 by Supreme Court of India - that if situation (about availability of currency at Post offices and Banks) does not improve then there may be riots - is precisely the situation where SCI can declare RBI bankrupt and declare this demonetization [where Rs 500 and 1,000 notes were cutoff (denied as legal tender) at the notice of 4 hours in the night], illegal.

Therefore India should give proof that it is not unfit for democracy and should revert back to Rule-of-law and should bring on-going financial anarchy (brought-about by illegal demonetization which has killed people and has disturbed / threatened the lives & liberty of innocent 99 % of ~ 1.3 Billion Indians) to an end, if Hindu majority India wants to survive politically.

Regards

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India