Monday, October 29, 2012
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Friday, October 26, 2012
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Thursday, May 24, 2012
Show one Mullah or Maulvi who has declared a 'fatwa' against terrorists. Hindu-majority Maharashtra, Bihar, Kerala, Pondicherry
SWAMI VIVEKANAND WORLD ETHICAL FOUNDATION, HEAD OFFICE, neo Kerkan, Dusseldorf, GERMANY
There are nearly 52 Muslim countries. Show one Muslim country where Hindus are extended the special rights that Muslims are accorded in India? Show one country where the 85% majority craves for the indulgence of the 15% minority. Show one Muslim country, which has a Non-Muslim as its President or Prime Minister.
Show one Mullah or Maulvi who has declared a 'fatwa' against terrorists. Hindu-majority Maharashtra, Bihar, Kerala, Pondicherry , etc. have in the past elected Muslims as CM’s, Can you ever imagine a Hindu becoming the CM of Muslim - majority J&K? Today Hindus are 85%. If Hindus are intolerant, how come Masjids and madrasas are thriving? How come Muslims are offering Namaz on the road? How come Muslims are proclaiming 5 times a day on loud speakers that there is no God except Allah? When Hindus gave to Muslims 30% of Bharat for a song, why should Hindus now beg for their sacred places at Ayodhya, Mathura And Kashi?
Why Temple funds are spent for the welfare of Muslims and Christians, when they are free to spend their money in any way they like? When uniform is made compulsory for school children, why there is no Uniform Civil Code for citizens? In what way, J&K is different from Maharashtra, TamilNadu or UttarPradesh, to have Article 370?
Why
Gandhiji objected to the decision of the cabinet and insisted that Somnath
Temple should be reconstructed out of public fund, not government funds, when
in January 1948 he pressurized Nehru
and Patel to carry on renovation of the Mosques of Delhi at government
expenses? Why Gandhi supported Khaliafat Movement (nothing to do with our
freedom movement) and what in turn he got? If Muslims & Christians are
minorities in Maharashtra, UP, Bihar etc., are Hindus not minorities in
J&K, Mizoram, Nagaland, Arunachal Pradesh, Meghalaya etc? Why are Hindus
denied minority rights in these states? Do you admit that Hindus do have
problems that need to be recognized?
Or do you think that those who call themselves Hindus are themselves The
problem? Why
post - Godhra is blown out of proportion, when no-one talks of the
ethnic cleansing of 4 lakh Hindus
from Kashmir? In 1947, when India was partitioned, the Hindu population in
Pakistan was about 24%. Today it is not even 1%. In 1947, the Hindu population
in East Pakistan (now Bangladesh) was 30%. Today it is about 7%. What happened
to the missing Hindus? Do Hindus have human rights? In contrast, in India, Muslim population has
gone up from 10.4% in 1951 to about 14% today; whereas Hindu population has
come down from 87.2% in 1951 to 85% in 1991. Do you still think that Hindus are
fundamentalists? Do you consider that -
Sanskrit is communal and Urdu is secular, Mandir is Communal and Masjid is
Secular, Sadhu is Communal and Imam is secular, BJP is communal and Muslim
League is Secular, Dr.Praveen Bhai Togadia ,Gujrat Chief Minister Narendra Modi
and, Acharya Arya Nareshand Ashok Shingal
are ANTI-NATIONAL and Bukhari is
Secular, Vande Mataram is communal and Allah-O-Akbar is secular, Shriman is
communal and Mian is secular, Hinduism is Communal and Islam is Secular,
Hindutva is
communal and Jihadism is secular, and at last, Bharat is communal and Italy is Secular?
When Christian and Muslim schools can teach Bible and Quran, Why Hindus cannot teach Gita or Ramayan ?
Abdul Rehman Antuley was made a trustee of the famous Siddhi Vinayak Temple in Prabhadevi, Mumbai. Can a Hindu - say Mulayam or Laloo – ever become a trustee of a Masjid or Madarsa? Dr. Praveen Bhai Togadia has been arrested many times on flimsy grounds. Has the Shahi Imam of Jama Masjid, Delhi, Ahmed Bukhari been arrested For claiming to be an ISI agent and advocating partition of Bharat? When Haj pilgrims are given subsidy, why Hindu pilgrims to Amarnath, Sabarimalai & Kailash Mansarovar are taxed? A Muslim President, a Hindu Prime Minister and a Christian Defence Minister run the affairs of the nation with a unity of purpose.
It’s
a big Hoax that Terrorist’s have no religion! Here is that:-
1. O Muslim Believers ! don’t make Yahudies and Christians as your friends . Who will be do so, will be known likewise . Sura 5 Aayat 51 .
2. O Believers ! (Muslim) Don’t make Non-Muslim as your friends and real friends . Sura 3:28, 4:89 , 9:16 .
3. O Muslims ! don’t marry unbelievers men and women till they are not converted . Sura 2 : Aayat 221 .
4. Momin men and women are only friends to each other .. No Muslim should kill the other muslim and should not take other Momins money . Do Jihad with Non-Muslims .. Their last shelter is Hell . Sura 9 Aayat 71, : Sura 4 : 29, Sura 9 : 73 .
5. Non-Muslims are from Devils party “ Momins are from Allahas party ” will win and the devils party will defeat . Sura 58 Aayat 19-21 .
6. Hang and Cut the hands and legs of non-beleivers . Where you find out Mushrik “Non-Muslim”.. kill them .. Sura 5 Aayat 33, Sura 9 Aayat 5 .
7. Non-believers “Christians” say that Yeshu is the son of God , They don’t know what they say .. Sura 10 Aayat 60,68 .
8. They “Christians,Yahudies” say that no one else can enter the Heaven except them . Are they having any proof ? Sura 2 Aayat 111 .
9. O Christians and Yahudies ! Don’t cross your limits , Allaha is one and only one.. when he is not having any wife then how he can have any son . Don’t mix untruth with truth .. Sura 1 Aayat 171 , Sura 6 Aayat 100,101 .
10- Those Christians have made worldly saints and the son of Mariyam “Yeshu” as . their God.. But there is no God except Allaha.. Sura 9 Aayat 31 .
11. Those “Christians” having book , neither they believe Allaha nor the last day .. “O Muslims” fight with them , make them slaves rule upon them and they should pay Jizia “ Muslim ruler Tax for safe living of Non-Muslims” . Sura 9 Aayat 29 .
12. O Book believers ! “Christians & Yahudis” don’t discuss or debate the subject which you don’t know . “Ibrahim” was neither Yahudi nor Christian but he was a pure Muslim . He was never from Mushriks (Non-Muslims) . Quran Sura 3 Aayat 65-67.Meanings of all Quran Aayat from M.S.S. Abul fazal enclave Jamia nagar Del-25 Ph.26911652
13. There is no excuse for a Muslim from Jihad.. The only check for a real Muslim is Jihad . Allaha is giving punishment through the hands of Jihadies and also helping them for the same . Allaha will also remove the all miseries of Jihadies . Give shelter to other Jihadies and help them . where ever you find Non-Muslims murder them.. Allaha is very merciful and great forgiver . Sura 9 Aayat 44,14, Sura 8 Aayat 72 Sura 9 Aayat 5 .
14. O Believers “Muslims”! fight with non-believers which are close to you , they should get punishment from you .. Allaha has taken your life in return of Haven . Be happy on this deal . Fight on the path of Allaha , kill and be killed . It is not suitable for a Muslim profat to keep the Non-Muslims in his prison, (kill them Because)they may do bloodshed on the Earth . Fitna (war between two ideologies) is verse than Slaughtering . Sura 9: 123,111, Sura 8:67, Sura 2:193
15. Looted money , meals and females of Non-Muslims are pious for use. Sura 8:69, Ayat4:24.
More the Ministers Media and money shelter , More the Blasts ? Is Saving Of Momin Vote is More Important Than Mother Land It is a big shame on the behalf of our country leaders those even after expending 1000 crore of rupees our secular Ministers are not able to eradicate Terrorism . Every day so many innocent loyal citizen of Bharat are butchered easily by fearless Muslim Terrorists .Because the Muslim vote hungry leaders have not searched properly the main reason of blasts by Muslim Terrorists , and even not done the work at the root level to eradicate terrorism . One after another thousand’s of innocent loyal citizen of India have been killed by the serial of blasts . After Delhi bomb blasts Home-Minister of Indian congress changed his cloths thrice in three hours in spite 0f looking after the near by blast affected crying and dying citizens . Are the common citizens not having soul and blood in their body like our sleeping leaders ? Our vote and money hunger Leaders and News givers should Know that these are not the simple terrorist attacks . Here in India our ministers and media people call those terrorism spreading men as only “Terrorists” but in other countries they are called “Muslim Terrorists” . Our Leaders should act like Aust.P.M.Mr. Johan Howard , China ,Japan and Russia saying no place for Quranic Jihadi Muslims in our Nation .
Because here terrorism and the terrorists are not called “Muslim”, so having shelter of no defamation they are increasing it proudly with the help of Indian Minorities commission’s 800 crore rupees . Along with this because the Muslims are not disclosed as terrorist so without the fear of insult other Indian Muslims are also helping them and increasing Terrorism.
To eradicate Terrorism honestly one thing very important should be acknowledged by the Ministers and the Media that these Muslim terrorists are not blasting to their on will .But they are Blasting again and again in the Hindu majority areas with the inspiration and the order of their Allaha through their most loyal book Quran . In Quran it is explained very clearly that it is the first duty of a Muslim to do Jihad with there property and lives against Non-Muslims .To convert them in Muslims sect with their Country or kill them , Burn them , Loot them with their women and make their Country as a Muslim state . For reference see few aayats of Islamic Quran . i.e. 2:191, 3:56,142,,4: 24,29,56, 95, 5;33, 21, 8:6, 12,67, 9:5,24,33, 44 81,111. Translation from Dr Mohd & Maulana Mohd Faruq Khan Publisher M. S. S Davat Nagar Jamia Nagar Delhi-25
It is very sorry that in spite of giving Death punishment to these traitors like Moh. Afjal, Abu salem and Telagi , government is providing special facilities to them . without knowing the above true root cause of increasing Terrorists and giving severe punishment , no one government will be able to abolish terrorism . Along with this , the right of vote should be taken back from all Quran believing Muslims . Government of India should stops all the special reservation and financial help for Muslims . Only one type of Constitution should be followed equally by the all citizens of India either he is a Arya-Khalsa- Hindu or a Muslim . Right of more then one wife , many children , reser- vation in Government sector , financial help for terrorist producing Quranic Madarsas and Haj pilgrimage should be stopped as early as possible
To eradicate Quranic terrorism at the root level a meeting should be held as soon as possible inviting Muslims and Aryan Scholars . Leaders and Media persons know very well that before demanding the division of Nation for independent Muslim state as Pakistan same type of Terrorism was mechanized by the Muslim leaders with the help of Muslim Terrorists . Now following the same “Muslim Terrorism”trend they are again demanding Independent Muslim state Kashmir without any hitch or shame . Then after Kashmir will it be the turn of other country states like U.P. ,Kerala , North-East, Bihar and Andhra-Pradesh ? Please think it over and pass on to others .
THINK IT OVER : Is not increasing the Muslims means decreasing the Nation
Should super traitors be called only Separators ! Helpers of Kashmiri Traitors like Arundhati should also be called traitor Is it not a big shame on behalf of dirty politics that due to the hunger of Muslim votes, nation traitors are called only separators ? Should those be not called super traitors who have shed blood of so many innocent nationalists in Kashmir . Should the nationalists help those Kashmiri traitors for the division of country like Pak. If a Mental case like Arundhati which we should call Andhmati (fused mind) is helping or speaking in the side of traitors so she should be given severe punishment like a traitor . Is this illiterate lady don’t know that for the independence of our nation so many martyrs has laid down their important lives . For the unity of the Nation, our great Home-Minister Sardar Patel joined so many different states . Any person like Arundati who will love the dialog of the division will also be known as super traitor . Agitation of Kashmiri Muslims is not for Meals Rashan But for Quranic Muslim Nation .
Actually we should not call Kashmiri Muslim traitors as separators . separators are not bad but good persons , because they give good things to the nation . i.e. the separate cream from the milk leaving separate milk .They separate oil from the mud . separate wheat & rice from the hay (bhuusa) . They separate gold, platinum & diamond from simple soil & stones . So these separators who are giving us valuable things for peaceful life should not be called equal to traitors . Super traitors are those hardcore terrorist or Kashmiri Muslim jihades who want to divide the nation . They want to mix gold bird Bharat heaven with the dirty terrorist Pak land . For cleaning mother land, those traitors are not only throwing Pakistani terrorist out of Kashmir but also the Patriot Indians . Hindustan murdabad but Pakistan jindabad .They are burning the National flag but flying the Pakistani Flags . They are not joining their hands with Delhi but with Lahore who is creating terrorism in Bharat and always bombing our borders .
If they are trying to make Kashmir a Muslim state like Pakistan, even then, they should not be called separators . According to Quranic version, a Muslim country like Bangladesh and Pakistan. it is the first and foremost duty of a Muslim state to keep on fighting with non Muslim state like Bharat. When without Muslim rule Kashmir they have already throne about ten lakhs Arya,Khalsa Hindus out of Kashmir then what will happen afterwards . Muslim terrorism in India is going on since 80 years . due to the Muslim vote & leadership hunger. well educated illiterate-leaders. the so called white dressed leaders never gone through Quran . It is very clear in Quran that a Muslim should do jihad for Islam which means slaughtering and looting of non-Muslims with their Wives , mothers, sisters & daughters . The property looted in Jihad from non-Muslims is pious for Islamic persons . It is the first and foremost duty of a Muslim to fight while living in
(Dar-ul-harab) non-Muslim state for the creation of (Dar-ul-haram )Islamic state .
In evidence. anybody can see so many aayats in Quran which were also narrated by Maharshi Dayanand Sarswati in his Holy Book Satyarth Prakash’s 14th chapter( Light of the Truth). Even a pamphlet was distributed throughout the country in the name of Mohd.Tariq Ahamed Siddiqi Hazi Srinagar “Azad Kashmir” which shows so many dangerous Quranic aayats against non-Muslims like Arya Khalasa Hindus . After knowing all this, intellectual or an intellect body could call these traitors just only Separators ? If we call terrorists as traitors then we should call Kashmiri Traitors as Super Traitors .
Near about 3 years back I wrote an article in Hindi “Kashmir ki samasya , seema ki nahin sampraday ki hai” on Kashmir problem , that this is not due to Boundaries but due to majority of Muslims . after independence so many states has occurred for proper administration like Jharkhand , Uttarakhand, Chattisgarh, Haryana, Himachal , But no one state throne out their Hindu brothers like in Kashmir . It is very clear that the Muslim leaders of Kashmir want to make it a Independent Muslim state which should not be under the rule of India . As stated by Mr.Geelani Jamaat-e-islami we cannot live under the rule of secular India “creed of socialism and secularism should not touch our lives and we must be totally governed by the Quran and sunnat [ precedents from Prophet Muhammad’s life]” From The Hindu 10/09/2008 page 12 . It is very true that after making their majority Muslims demanded Pakistan , After that in India they have taken so many facilities
like Madarsa Haj financial help, special reservation in government services facilities of 4 wives and so many children with assumption from family planning . And after coming in a big majority with these facilities they are demanding an independent Kashmir Muslim state . In Bharat, yet, no one Madarsa Moolvi or Muslim leader like Maulana Bukhari has criticized it . It is evident from the Kashmir example that where ever in India Muslims are majorityi.e. , above 50 percent, they are demanding a separate Muslim State . Leaders should think it over deeply and for more knowledge must read few aayats of Islamic Quran . i.e. 2:191, 3:56,142,,4: 24,29,56,95, 5;33,21,8: 6,12,67, 9:5,24,33, 44 81,111. translation from Dr Mohd & Maullana Mohd Faruq Khan Publisher Mudhar Sandesh Sangam Davat Nagar Jamia Nagar Delhi-25
Is The Definition Of Art Means Others Defamation
Few days back the chief Justices of Bharat said :- That the nude Painting of Bharat made by M.F.Hussain is an Art . The Majority of the Orignal Bhartiya’s , Those who had made the Symbol of Bharat Mata with beautiful inspiring cloths , feel shamed and hearted while looking the nude Bharat Mata Painting that is Mother of the whole World . And it is but natural . They even taken it as a great insult of Nation and her natives .
Here one thing more is to be considerable that Arya-Khalsa- hindu people believe in making the Idols of their great personalities for the taking inspiration from them . But the Muslim’s of the world according to their Quran believe in Destroying the Idols and their followers with deep hate .
After going through the Nation’s history we came to know that Muslims and their invader ancestors had destroyed 20,000 Temples with un-countable Idols and still they destroying them during riots .
As their Mugal ancestors M.F.Hussain also following the orders of Quran is Insulting and Defaming the ditties of Hindus in the name of Art. Idol believers are called Mushirks in Quarn . Mushirks are worst type of creasers according to Quran .They are given only two alternatives either Islam or Death .
According to T.P.Hughes Muslim Dictionary Mushirk means Idol believers . Today Muslims are also following it . For more information you can read the following Aayats of Quran Sura 2:Aayat 165, Sura9:Aayat 5,111, Sura29: Aayat 17, Sura 98: Aayat 1,6 , Sura 109: Aayat 1-6 . (read the translation of these Aayats from Quran Edition 1 November 2004 translated by Dr. Mohmd.Ahmed & Mohmd Faruq Khan published by M. S. S Abul Fazal Enclave Jamia-Nagar Delhi-25)
The Chief Justices and so called secular leaders should know that the Malicious M.F.Hussain has not Painted nude Painting’s of the Bharat Mata but also Painted nude Paintings of Durga , Saraswati, Parvati , Sita , Ram and Hanuman ji only to Defame Hindu, Hindu-Dharam and Hindusthan . For more knowledge of judges and readers we want to disclose that this crooked M.F.Hussain has Painted a oil painting in which Hindu Scholar is shown nude but a Muslim fellow with beautiful dress .
With these Historical Quranic evidences , It has proved that the nude Paintings made by Traitor M.F.Hussain is not the symbol of Art but the symbol of hate against Hindu-Dharam .
If any artist thinks that the showing of nude Paintings of well dressed civilized personalities of a Nation is an Art would M.F.Hussain praises the nude Paintings of his own Mother,Wife and Sister made by any Arya-Khalsa- Hindu Artist ? Would he feel happy to see the nude Painting of Mohammed and his nine wives made by any Swiss Artist ? So this type of dirty Artist M.F.Hussain is a great Curse on the behalf of Aryavart that is Bharat . This type of dirty crasher should get severe Punishment for Molesting Bharat-Mata symbol and the great Personalities of the Nation .
1. O Muslim Believers ! don’t make Yahudies and Christians as your friends . Who will be do so, will be known likewise . Sura 5 Aayat 51 .
2. O Believers ! (Muslim) Don’t make Non-Muslim as your friends and real friends . Sura 3:28, 4:89 , 9:16 .
3. O Muslims ! don’t marry unbelievers men and women till they are not converted . Sura 2 : Aayat 221 .
4. Momin men and women are only friends to each other .. No Muslim should kill the other muslim and should not take other Momins money . Do Jihad with Non-Muslims .. Their last shelter is Hell . Sura 9 Aayat 71, : Sura 4 : 29, Sura 9 : 73 .
5. Non-Muslims are from Devils party “ Momins are from Allahas party ” will win and the devils party will defeat . Sura 58 Aayat 19-21 .
6. Hang and Cut the hands and legs of non-beleivers . Where you find out Mushrik “Non-Muslim”.. kill them .. Sura 5 Aayat 33, Sura 9 Aayat 5 .
7. Non-believers “Christians” say that Yeshu is the son of God , They don’t know what they say .. Sura 10 Aayat 60,68 .
8. They “Christians,Yahudies” say that no one else can enter the Heaven except them . Are they having any proof ? Sura 2 Aayat 111 .
9. O Christians and Yahudies ! Don’t cross your limits , Allaha is one and only one.. when he is not having any wife then how he can have any son . Don’t mix untruth with truth .. Sura 1 Aayat 171 , Sura 6 Aayat 100,101 .
10- Those Christians have made worldly saints and the son of Mariyam “Yeshu” as . their God.. But there is no God except Allaha.. Sura 9 Aayat 31 .
11. Those “Christians” having book , neither they believe Allaha nor the last day .. “O Muslims” fight with them , make them slaves rule upon them and they should pay Jizia “ Muslim ruler Tax for safe living of Non-Muslims” . Sura 9 Aayat 29 .
12. O Book believers ! “Christians & Yahudis” don’t discuss or debate the subject which you don’t know . “Ibrahim” was neither Yahudi nor Christian but he was a pure Muslim . He was never from Mushriks (Non-Muslims) . Quran Sura 3 Aayat 65-67.Meanings of all Quran Aayat from M.S.S. Abul fazal enclave Jamia nagar Del-25 Ph.26911652
13. There is no excuse for a Muslim from Jihad.. The only check for a real Muslim is Jihad . Allaha is giving punishment through the hands of Jihadies and also helping them for the same . Allaha will also remove the all miseries of Jihadies . Give shelter to other Jihadies and help them . where ever you find Non-Muslims murder them.. Allaha is very merciful and great forgiver . Sura 9 Aayat 44,14, Sura 8 Aayat 72 Sura 9 Aayat 5 .
14. O Believers “Muslims”! fight with non-believers which are close to you , they should get punishment from you .. Allaha has taken your life in return of Haven . Be happy on this deal . Fight on the path of Allaha , kill and be killed . It is not suitable for a Muslim profat to keep the Non-Muslims in his prison, (kill them Because)they may do bloodshed on the Earth . Fitna (war between two ideologies) is verse than Slaughtering . Sura 9: 123,111, Sura 8:67, Sura 2:193
15. Looted money , meals and females of Non-Muslims are pious for use. Sura 8:69, Ayat4:24.
More the Ministers Media and money shelter , More the Blasts ? Is Saving Of Momin Vote is More Important Than Mother Land It is a big shame on the behalf of our country leaders those even after expending 1000 crore of rupees our secular Ministers are not able to eradicate Terrorism . Every day so many innocent loyal citizen of Bharat are butchered easily by fearless Muslim Terrorists .Because the Muslim vote hungry leaders have not searched properly the main reason of blasts by Muslim Terrorists , and even not done the work at the root level to eradicate terrorism . One after another thousand’s of innocent loyal citizen of India have been killed by the serial of blasts . After Delhi bomb blasts Home-Minister of Indian congress changed his cloths thrice in three hours in spite 0f looking after the near by blast affected crying and dying citizens . Are the common citizens not having soul and blood in their body like our sleeping leaders ? Our vote and money hunger Leaders and News givers should Know that these are not the simple terrorist attacks . Here in India our ministers and media people call those terrorism spreading men as only “Terrorists” but in other countries they are called “Muslim Terrorists” . Our Leaders should act like Aust.P.M.Mr. Johan Howard , China ,Japan and Russia saying no place for Quranic Jihadi Muslims in our Nation .
Because here terrorism and the terrorists are not called “Muslim”, so having shelter of no defamation they are increasing it proudly with the help of Indian Minorities commission’s 800 crore rupees . Along with this because the Muslims are not disclosed as terrorist so without the fear of insult other Indian Muslims are also helping them and increasing Terrorism.
To eradicate Terrorism honestly one thing very important should be acknowledged by the Ministers and the Media that these Muslim terrorists are not blasting to their on will .But they are Blasting again and again in the Hindu majority areas with the inspiration and the order of their Allaha through their most loyal book Quran . In Quran it is explained very clearly that it is the first duty of a Muslim to do Jihad with there property and lives against Non-Muslims .To convert them in Muslims sect with their Country or kill them , Burn them , Loot them with their women and make their Country as a Muslim state . For reference see few aayats of Islamic Quran . i.e. 2:191, 3:56,142,,4: 24,29,56, 95, 5;33, 21, 8:6, 12,67, 9:5,24,33, 44 81,111. Translation from Dr Mohd & Maulana Mohd Faruq Khan Publisher M. S. S Davat Nagar Jamia Nagar Delhi-25
It is very sorry that in spite of giving Death punishment to these traitors like Moh. Afjal, Abu salem and Telagi , government is providing special facilities to them . without knowing the above true root cause of increasing Terrorists and giving severe punishment , no one government will be able to abolish terrorism . Along with this , the right of vote should be taken back from all Quran believing Muslims . Government of India should stops all the special reservation and financial help for Muslims . Only one type of Constitution should be followed equally by the all citizens of India either he is a Arya-Khalsa- Hindu or a Muslim . Right of more then one wife , many children , reser- vation in Government sector , financial help for terrorist producing Quranic Madarsas and Haj pilgrimage should be stopped as early as possible
To eradicate Quranic terrorism at the root level a meeting should be held as soon as possible inviting Muslims and Aryan Scholars . Leaders and Media persons know very well that before demanding the division of Nation for independent Muslim state as Pakistan same type of Terrorism was mechanized by the Muslim leaders with the help of Muslim Terrorists . Now following the same “Muslim Terrorism”trend they are again demanding Independent Muslim state Kashmir without any hitch or shame . Then after Kashmir will it be the turn of other country states like U.P. ,Kerala , North-East, Bihar and Andhra-Pradesh ? Please think it over and pass on to others .
THINK IT OVER : Is not increasing the Muslims means decreasing the Nation
Should super traitors be called only Separators ! Helpers of Kashmiri Traitors like Arundhati should also be called traitor Is it not a big shame on behalf of dirty politics that due to the hunger of Muslim votes, nation traitors are called only separators ? Should those be not called super traitors who have shed blood of so many innocent nationalists in Kashmir . Should the nationalists help those Kashmiri traitors for the division of country like Pak. If a Mental case like Arundhati which we should call Andhmati (fused mind) is helping or speaking in the side of traitors so she should be given severe punishment like a traitor . Is this illiterate lady don’t know that for the independence of our nation so many martyrs has laid down their important lives . For the unity of the Nation, our great Home-Minister Sardar Patel joined so many different states . Any person like Arundati who will love the dialog of the division will also be known as super traitor . Agitation of Kashmiri Muslims is not for Meals Rashan But for Quranic Muslim Nation .
Actually we should not call Kashmiri Muslim traitors as separators . separators are not bad but good persons , because they give good things to the nation . i.e. the separate cream from the milk leaving separate milk .They separate oil from the mud . separate wheat & rice from the hay (bhuusa) . They separate gold, platinum & diamond from simple soil & stones . So these separators who are giving us valuable things for peaceful life should not be called equal to traitors . Super traitors are those hardcore terrorist or Kashmiri Muslim jihades who want to divide the nation . They want to mix gold bird Bharat heaven with the dirty terrorist Pak land . For cleaning mother land, those traitors are not only throwing Pakistani terrorist out of Kashmir but also the Patriot Indians . Hindustan murdabad but Pakistan jindabad .They are burning the National flag but flying the Pakistani Flags . They are not joining their hands with Delhi but with Lahore who is creating terrorism in Bharat and always bombing our borders .
If they are trying to make Kashmir a Muslim state like Pakistan, even then, they should not be called separators . According to Quranic version, a Muslim country like Bangladesh and Pakistan. it is the first and foremost duty of a Muslim state to keep on fighting with non Muslim state like Bharat. When without Muslim rule Kashmir they have already throne about ten lakhs Arya,Khalsa Hindus out of Kashmir then what will happen afterwards . Muslim terrorism in India is going on since 80 years . due to the Muslim vote & leadership hunger. well educated illiterate-leaders. the so called white dressed leaders never gone through Quran . It is very clear in Quran that a Muslim should do jihad for Islam which means slaughtering and looting of non-Muslims with their Wives , mothers, sisters & daughters . The property looted in Jihad from non-Muslims is pious for Islamic persons . It is the first and foremost duty of a Muslim to fight while living in
(Dar-ul-harab) non-Muslim state for the creation of (Dar-ul-haram )Islamic state .
In evidence. anybody can see so many aayats in Quran which were also narrated by Maharshi Dayanand Sarswati in his Holy Book Satyarth Prakash’s 14th chapter( Light of the Truth). Even a pamphlet was distributed throughout the country in the name of Mohd.Tariq Ahamed Siddiqi Hazi Srinagar “Azad Kashmir” which shows so many dangerous Quranic aayats against non-Muslims like Arya Khalasa Hindus . After knowing all this, intellectual or an intellect body could call these traitors just only Separators ? If we call terrorists as traitors then we should call Kashmiri Traitors as Super Traitors .
Near about 3 years back I wrote an article in Hindi “Kashmir ki samasya , seema ki nahin sampraday ki hai” on Kashmir problem , that this is not due to Boundaries but due to majority of Muslims . after independence so many states has occurred for proper administration like Jharkhand , Uttarakhand, Chattisgarh, Haryana, Himachal , But no one state throne out their Hindu brothers like in Kashmir . It is very clear that the Muslim leaders of Kashmir want to make it a Independent Muslim state which should not be under the rule of India . As stated by Mr.Geelani Jamaat-e-islami we cannot live under the rule of secular India “creed of socialism and secularism should not touch our lives and we must be totally governed by the Quran and sunnat [ precedents from Prophet Muhammad’s life]” From The Hindu 10/09/2008 page 12 . It is very true that after making their majority Muslims demanded Pakistan , After that in India they have taken so many facilities
like Madarsa Haj financial help, special reservation in government services facilities of 4 wives and so many children with assumption from family planning . And after coming in a big majority with these facilities they are demanding an independent Kashmir Muslim state . In Bharat, yet, no one Madarsa Moolvi or Muslim leader like Maulana Bukhari has criticized it . It is evident from the Kashmir example that where ever in India Muslims are majorityi.e. , above 50 percent, they are demanding a separate Muslim State . Leaders should think it over deeply and for more knowledge must read few aayats of Islamic Quran . i.e. 2:191, 3:56,142,,4: 24,29,56,95, 5;33,21,8: 6,12,67, 9:5,24,33, 44 81,111. translation from Dr Mohd & Maullana Mohd Faruq Khan Publisher Mudhar Sandesh Sangam Davat Nagar Jamia Nagar Delhi-25
Is The Definition Of Art Means Others Defamation
Few days back the chief Justices of Bharat said :- That the nude Painting of Bharat made by M.F.Hussain is an Art . The Majority of the Orignal Bhartiya’s , Those who had made the Symbol of Bharat Mata with beautiful inspiring cloths , feel shamed and hearted while looking the nude Bharat Mata Painting that is Mother of the whole World . And it is but natural . They even taken it as a great insult of Nation and her natives .
Here one thing more is to be considerable that Arya-Khalsa- hindu people believe in making the Idols of their great personalities for the taking inspiration from them . But the Muslim’s of the world according to their Quran believe in Destroying the Idols and their followers with deep hate .
After going through the Nation’s history we came to know that Muslims and their invader ancestors had destroyed 20,000 Temples with un-countable Idols and still they destroying them during riots .
As their Mugal ancestors M.F.Hussain also following the orders of Quran is Insulting and Defaming the ditties of Hindus in the name of Art. Idol believers are called Mushirks in Quarn . Mushirks are worst type of creasers according to Quran .They are given only two alternatives either Islam or Death .
According to T.P.Hughes Muslim Dictionary Mushirk means Idol believers . Today Muslims are also following it . For more information you can read the following Aayats of Quran Sura 2:Aayat 165, Sura9:Aayat 5,111, Sura29: Aayat 17, Sura 98: Aayat 1,6 , Sura 109: Aayat 1-6 . (read the translation of these Aayats from Quran Edition 1 November 2004 translated by Dr. Mohmd.Ahmed & Mohmd Faruq Khan published by M. S. S Abul Fazal Enclave Jamia-Nagar Delhi-25)
The Chief Justices and so called secular leaders should know that the Malicious M.F.Hussain has not Painted nude Painting’s of the Bharat Mata but also Painted nude Paintings of Durga , Saraswati, Parvati , Sita , Ram and Hanuman ji only to Defame Hindu, Hindu-Dharam and Hindusthan . For more knowledge of judges and readers we want to disclose that this crooked M.F.Hussain has Painted a oil painting in which Hindu Scholar is shown nude but a Muslim fellow with beautiful dress .
With these Historical Quranic evidences , It has proved that the nude Paintings made by Traitor M.F.Hussain is not the symbol of Art but the symbol of hate against Hindu-Dharam .
If any artist thinks that the showing of nude Paintings of well dressed civilized personalities of a Nation is an Art would M.F.Hussain praises the nude Paintings of his own Mother,Wife and Sister made by any Arya-Khalsa- Hindu Artist ? Would he feel happy to see the nude Painting of Mohammed and his nine wives made by any Swiss Artist ? So this type of dirty Artist M.F.Hussain is a great Curse on the behalf of Aryavart that is Bharat . This type of dirty crasher should get severe Punishment for Molesting Bharat-Mata symbol and the great Personalities of the Nation .
Advocate is an officer of the Court and enjoys a high status in society and has an obligation and duty to ensure smooth functioning of the Court. The Supreme Court held that an Advocate cannot disrupt the proceedings of the Court,
Sri Yogesh Kumar Saxena, the learned counsel for the
petitioner submitted that there are several counsels appearing for the same
respondent and therefore, the case should not be adjourned merely because one
of the counsel has sent an illness slip.
The contention of the learned counsel for the petitioner appears to be correct. However, as per the tradition of this court, a case gets adjourned whenever a counsel sends an illness slip, therefore, the tradition of the Court will not be broken today.
However, the Court finds that the adjournment of a case on the ground of personal illness slip of an Advocate is being misused which the Court cannot ignored. Consequently, if more than one counsel appears for the same party and one counsel sends an illness slip, the case should not be adjourned since another counsel is also representing the same party. Consequently, before any order is passed on this issue, it would be appropriate that all the counsels practicing in the High Court are made aware of this order.( HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. COURT NO. 4
CIVIL MISC. WRIT PETITION NO. 24557 OF 2007 Committee of Management & Anr. Versus State of Uttar Pradesh & Ors.)
The contention of the learned counsel for the petitioner appears to be correct. However, as per the tradition of this court, a case gets adjourned whenever a counsel sends an illness slip, therefore, the tradition of the Court will not be broken today.
However, the Court finds that the adjournment of a case on the ground of personal illness slip of an Advocate is being misused which the Court cannot ignored. Consequently, if more than one counsel appears for the same party and one counsel sends an illness slip, the case should not be adjourned since another counsel is also representing the same party. Consequently, before any order is passed on this issue, it would be appropriate that all the counsels practicing in the High Court are made aware of this order.( HIGH COURT OF JUDICATURE AT ALLAHABAD A.F.R. COURT NO. 4
CIVIL MISC. WRIT PETITION NO. 24557 OF 2007 Committee of Management & Anr. Versus State of Uttar Pradesh & Ors.)
A tricky situation has arisen namely whether a case
listed on the cause list should be adjourned on account of an illness slip
being sent by a counsel for a party, when, in fact, the said party is also
being represented by another counsel, whose vakalatnama or instructions has not
been withdrawn. This is a vexed question which has been troubling the Court for
some time, but was being ignored because of social and other extenuating
factors. But, now, the misuse of the illness slip has become rampant and now remedial
measures are required to be introduced to curb this mal practice and revive the
healthy traditions of the Court, which has been built over the last century. In
the present scenario, and in the present working conditions of the Court and
its dispensation of justice, the time has now come where the misuse of illness
slip is required to be addressed by the Court itself. The Court cannot remain a
silent spectator and allow this issue to be swept under the carpet.
On 30th of January, 2009, an illness slip was sent by the learned counsel for the respondent. It appears that there was more than one counsel, appearing for the said respondent. The learned counsel for the petitioner insisted that the case should not be adjourned since another counsel was also appearing for the same respondent. This Court, while accepting the contention of the learned counsel for the petitioner, none-the-less, adjourned the case and passed the following order:
"An illness slip has been sent by one of the counsel for the respondents and therefore, the matter is passed over today.
Consequently, I direct the Registrar General of this Court to publish this order in the cause list for necessary information for all the Advocates of the Court. The Registry is also directed to supply a copy of the order to the President and Secretary of the High Court Bar Association as well as to the President and Secretary of the Advocates Association intimating them that the aforesaid issue will be heard by the Court on 10.2.2009 and that if they so desire, or any other advocate may address the Court on the said issue.
List this matter for further consideration on 10.2.2009. Interim order, if any, is extended till the next date of listing."
The aforesaid order was printed in the Cause List, published by the High Court, on several days. Notices to the President and Secretary of the two Bar Associations were served, and, in pursuance thereof, Shri V.C. Mishra, President of the Allahabad High Court Bar Association, Shri Daya Shanker Mishra, a member of the Bar Association and Shri A.B. Saran, Shri P.N. Saxena, Shri S.K. Verma, Senior Advocates appeared and addressed the Court and gave their suggestions. Shri Shambhoo Chopra, Advocate was authorised by the Advocates' Association, and addressed the Court and gave his inputs and suggestions. Shri Y.K. Saxena, the learned counsel for the petitioner also addressed the issue on the misuse of the illness slip, at length. Shri V.K. Rai and Shri Ashish Srivastava, Advocates also addressed the Court.
Shri V.C. Mishra, the learned Senior Counsel and President of the Allahabad High Court Bar Association submitted that the tradition of the Court should not be broken and the acceptance of the illness slip by the Court which is going on for more than a century should not be abandoned at the instance of one aggrieved Advocate. Further, the mere fact that certain Advocates were misusing the traditions of the Court and were deliberately filing their illness slips, and thereby, scuttling the hearing of the case, should be ignored in the larger interest of maintaining the traditions of the Court. The learned counsel submitted that these Advocates, who are misusing the illness slip, are the black sheep of the legal fraternity, and such acts should be condoned by the Court. The learned counsel submitted that on account of social factors and other extenuating circumstances, it becomes necessary for an Advocate to send an illness slip, and therefore, the Court should honour the illness slip. The learned counsel fairly conceded that where illness slip was being misused, the Court should step in and punish those Advocates, who misuse this facility, which has been followed over the last century.
Shri Daya Shanker Mishra, the learned counsel submitted that the delay in the dispensation of justice, on account of illness slip being sent by Advocates was miniscule, compared to the delay being caused by other factors. The learned counsel submitted that the delay in the disposal of the case, on account of the illness slip, was only 5%, and that the arrears and the pendency of the cases, which are mounting, was not on account of illness slip being sent by the Advocates.
Shri A.B. Saran, Shri P.N. Saxena and Shri S.K. Verma, the learned Senior Counsels of the Bar gave suggestions and submitted that in case an illness slip was sent by a particular counsel, the case may be adjourned on that date with an embargo that the same counsel would address the Court on the next date.
Shri Shambhoo Chopra, the learned counsel contended that a Rule should be framed, whereby only one Advocate should be made responsible and answerable to the Court, and suggested that the system of having an Advocate on Record, similar to the system followed by the Supreme Court, should be adopted and followed in the High Court also and, in this regard, submitted that the Rules of the Court should be appropriately amended. The learned counsel submitted that where an illness slip was being sent, it should be recorded in the order sheet, and upon continuous illness slip being sent, the case should be ordered to be listed peremptorily.
Shri Ashish Srivastava, a young member of the Bar was requested by the Court to address on this issue on behalf of the junior Advocates. The learned counsel submitted that the tradition of accepting the illness slip should be maintained and illness slip should be honoured by the Court, but, further submitted that the engagement of the second counsel on behalf the same party should only be done with the consent of the earlier counsel, and where such consent was not taken, the engagement of the second counsel, by necessary implication, would revoke the vakalatnama of the earlier counsel, in which event, the illness slip sent by the earlier counsel, should be ignored by the Court.
Shri Y.K. Saxena, the learned counsel for the petitioner vehemently submitted that the time has now come when the illness slip should be ignored, and once the case was listed on the board, it should not be adjourned on account of an illness slip being sent by an Advocate unless there was some extenuating factor which compelled the Court to adjourn the case. The learned counsel submitted that in any case, when two counsels are appearing for the same party, the case should not be adjourned at the instance of the illness slip of one counsel, especially when there was another counsel, who was competent to argue, and whose instructions had not been withdrawn.
Shri V.K. Rai, Advocate submitted that it was high time, the Court framed Rules to curb the misuse of the illness slip being sent by the Advocate and further submitted that on account of frequent misuse of the tradition of the Court, such Advocates should not be given any sympathy.
Traditions are not built on one day. This Court is more than 140 years old, and has built itself a rich tradition. Illness slip has been accepted by the Court since time immemorial and, till date, this tradition of accepting the illness slip is being maintained. The Court, however, notices that the use of illness slips is being misused by a large number of the Advocates for vested reasons. A common example of the misuse is that, on account of continuous illness slip being sent by an Advocate, the case gets adjourned, and on this basis, it allows the ex parte interim order to continue for days and months, and some times, for years. Eviction orders which has been stayed are not being vacated because illness slips is being sent by the counsel. Recovery proceedings are stayed and the case gets adjourned.
The tradition of this Court was considered by the Supreme Court in the case of Rais Ahmad Vs. State of U.P. & Ors., AIR 1999 SC 3080. The Supreme Court, itself, noticed the facility of illness slip being abused and misused by the Advocates. The Supreme Court held that the tradition of the Court in accepting illness slip, which has become a custom/practice of the Court, and which has been handed down from generation to generation, was being misused. The Supreme Court held:-
"10. "Traditions" of a Court are built upon the edifice of cooperation between Judges and lawyers over a period of years. "Traditions", are doctrines, customs, practices, beliefs and usages which are handed down from generation to generation. As pointed out earlier, one of the traditions of the Allahabad High Court, which is now more than 130 years old and has seen many generations of lawyers, is that a case would be adjourned on the "Illness Slip" of a counsel. This and other traditions of the Court bind the lawyers and Judges in a sacred relationship of mutual trust and understanding. The adjournment of a case on the "Illness Slip" reflects the Court's respect for the counsel and its consciousness that a lawyer or counsel, though an officer of the Court, is nevertheless a human being who can fall ill. It also reflects the faith and trust the lawyer has in the Court that the Court would, on his "illness slip", adjourn the case.
11. It is contended on behalf of the respondents that the facility of adjournment available to the counsel on the ground of "Illness Slip" is a facility which has been abused more often than not, so much so that interim orders once obtained have notoriously been found to have continued for a long time merely on the "illness slip" and, therefore, the facility of adjournment on this basis should be abolished so that the litigant whose counsel has fallen ill, may make alternative arrangement and the hearing of the case may not be affected. That may be true in rare cases and in that situation the Judges would not act upon the "Illness Slip" if it is found, from a mere look at the running order sheet, that the facility has been misused or abused. But, isolated examples would not be destructive of the noble tradition. Moreover, litigants in this country are generally poor (agriculturists) coming from rural areas or they are Govt. servants or workmen in an industrial establishment or the like and they cannot afford or manage the luxury of engaging another counsel. This privilege is available only to the Central or State Governments who not only have Standing Counsel but also standby counsel (panel lawyers) and, therefore, only the State counsel can dare plead for abolition of adjournment on "Illness Slip", which we hereby reject as absurd and inappropriate."
The procedure for sending an illness slip, which is being followed, as on date is, that an Advocate normally sends an information on a piece of paper, addressed to the Reader of the Court, praying that the Court may be informed that the counsel is unwell or ill, and that, the case listed may be passed over for that day. The Reader makes an endorsement on his Cause List, and when the case is called out, the Reader, at that stage, informs the Court about the illness of the counsel. As per the tradition of this Court, normally the case is passed over, unless for reasons, to be recorded, the Court chooses to ignore the illness slip.
Earlier, illness slip used to be recorded on the order sheet by the Reader of the Court, and if three illness slips were recorded, the Reader used to inform the Court, in which case, an order was passed by the Court directing the case to be listed peremptorily, but now, on account of pressure of work, this practice of recording the illness slip on the order sheet is no longer carried out by a majority of the Courts. The Reader is overburdened. He has no time to record the illness slips. There are other factors, which the Court does not wish to spell out.
There is another aspect to be considered. Till about two decades ago, a case, which was listed in the Cause List, was repeated on alternate days if the said case was adjourned or was not taken up on that day, and in this manner, the case used to remain on the cause list till such time an order was passed. But, now, if a case is adjourned on a particular date, there are chances that the case is de-listed and is not repeated, and if repeated, is listed only after two or three weeks, and in this manner, the hearing of a case gets delayed for oblique reasons. This results in the accumulation of pending cases.
The High Court has framed the Allahabad High Court Rules, 1952, which is commonly known as the Rules of the Court. Chapter VI, Rule 15 and Chapter VI, Rule 12 are two provisions, providing for an adjournment of a case. Under Chapter VI Rule 15, an Advocate can apply before the Chief Justice for adjournment of his case on account of various factors, including illness, and when such adjournment is granted by the Chief Justice, the cases of that counsel are adjourned for that period, and if during that period, a case does get listed in a Court, the said case is adjourned invariably by the Court.
But, where the Advocate suddenly takes ill, and has no time to apply for an adjournment before the Chief Justice, an oral mention is accepted in the Court when the Court begins it work for the day, and under Chapter VI, Rule 12, the illness slip sent on a piece of paper is accepted by the Court. For facility, the provision of Chapter VI, Rule 15 and Chapter VI Rule 12 of the Rules of the Court are quoted hereunder:-
"15. Advocate's application for postponement of his cases.- (1) The Chief Justice may on the application of an Advocate postpone his cases for such time as he may deem proper, if he is satisfied that such postponement is necessary on account of a marriage, death or illness or any other unavoidable or urgent reason.
(2) An application under this rule shall be accompanied by a list of cases desired to be postponed specifying the occasion or occasions, if any when any such case was previously postponed under this rule. It shall also indicate the cases in which the date of hearing has been fixed by a Bench. If any omission or inaccuracy in this regard is discovered in the application later. Or if any Advocate whose such application has been allowed is found to have appeared before any of the Benches of the Court or before any other Court or Tribunal except where the postponement has been ordered specially on ground of appearance before any particular Court or Tribunal, in any case, whether for orders, admission or hearing, the application for postponement of cases shall stand rejected automatically.
12. Court may order a case to stand out of its place or be adjourned on application- On an application made to it the Bench may for sufficient cause shown order any case-listed before it for hearing to stand out of its place in the Cause List or to be adjourned for such period as may be considered just. Where an adjournment for not more than three days is sought the application may be made orally. In considering whether there is sufficient cause any objection on behalf of the other party shall be taken into account.
A motion under this rule may be made as soon as the Bench begins its work for the day and shall not ordinarily be entertained if made at any other time:
Provided that no adjournment shall be granted under this rule unless there is sufficient work for the day."
Over the years, more than one counsel have started appearing on behalf of one party. At times, a litigant engages more than one counsel. Full liberty is given to a litigant to engage as many counsels as he desires. Section 24 of the Advocates Act, 1961 provides the criteria of a person to be admitted as an Advocate on a State roll. The person who fulfils the requirement of Section 24 for enrolment, becomes entitled to be enrolled as an Advocate, and on such enrolment, he acquires a right to practise in a Court of law. Having acquired a right to practice, he incurs certain obligations in regard to his conduct as a member of the legal profession.
In Indian Council of Legal Aid and Advice etc.etc. Vs. Bar Council of India & Anr., AIR 1995 SC 691, the Supreme Court explained the duties which an Advocate was required to follow in a Court of law. The Supreme Court held:
"Since the duty of a lawyer is to assist the Court in the administration of justice, the practice of law has a public utility flavour and, therefore, he must strictly and scrupulously abide by the Code of Conduct behoving the noble profession and must not indulge in any activity which may tend to lower the image of the profession in society. That is why the functions of the Bar Council include the laying down of standards of professional conduct and etiquette which advocates must follow to maintain the dignity and purity of the profession."
Section 49 of the Advocates Act confers power on the Bar Council of India to make rules for discharging its functions under the Act. Section 49 (1) (c) of the Act provides that the Bar Council will frame rules with regard to the standard of professional conduct and etiquette to be observed by the Advocates. In exercise of this power, the Bar Council of India has framed rules known as "Bar Council of India Rules", which has also been published in the Gazette of India. Chapter II of Part VI of the Bar Council of India Rules relates to rules governing Advocates, especially, towards standard of professional conduct and etiquettes. Rule 39 provides for the contingency where more than two counsels may appear on behalf of the same party. For facility, Rule 39 of the Rules, as framed by the Bar Council of India, is quoted hereunder.
"39. An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court."
A perusal of the aforesaid Rule indicates that an Advocate shall not enter appearance when there is already an Advocate appearing on behalf of the party, except with his consent, and where such consent is not produced, the subsequent Advocate is required to obtain permission from the Court. Infringement of this rule entails disciplinary action against the Advocate under the Advocates Act and rules framed by the Bar Council. The Bar Council has framed rules to punish such Advocates, who misconduct themselves. The general superintendence of ethics and etiquettes of the Advocates is the responsibility of the Bar Council, and the Bar Council has been charged with the duty to punish their members for misconduct.
However, the Court is constraint to observe that this rule is being misused with impunity and no effort is being made by the Bar Council to curb this mal practice, and one of the reasons is, that no complaint is made before the Bar Council. On the other hand, the Court is saddled with this malaise, and gets over burdened with the frequent delay caused in the disposal of the case ,on account of illness slip being sent by more than one counsel.
In re Sanjiv Datta, Deputy Secretary, Ministry of Information and Broadcasting, New Delhi & Ors., (1995) 3 SCC 619, the Supreme Court pointed out that this service which the members of the profession are rendering by their absence (emphasis is mine), when the matters are called out, would wreck the system from within before it is wrecked from outside, if corrective measures are not taken in time. These observations of the Supreme Court is like a prophecy coming true.
In Ex. Capt. Harish Uppal Vs. Union of India & Anr., AIR 2003 SC 739, the Supreme Court held that an Advocate is an officer of the Court and enjoys a high status in society and has an obligation and duty to ensure smooth functioning of the Court. The Supreme Court held that an Advocate cannot disrupt the proceedings of the Court, nor can it jeopardise the interest of his client. This observation was made by the Supreme court in relation to the advocates going on strike and putting the judicial system to ransom.
Continuous illness slips sent by the Advocates amounts to a misuse of the process of the Court, and the indulgence granted by the Court. By the process of sending continuous illness slip, a fetter is placed in the smooth running of the administration of law, which gets threatened. Courts are under no obligation to adjourn a matter because an Advocate has sent an illness slip. On the contrary, it is the duty of the Court to go on with the matter with the cases listed on the Cause List even in the absence of the Advocate. But, on account of the rich tradition, this Court has been honouring the illness slips being sent by the advocates. But, now, on account of the blatant misuse of the illness slip, the time has come for the High Court to frame a specific rule with regard to the control of conduct of the Advocates in Court, which the High Court can frame and which is within its domain as per Section 34 of the Advocates Act. The Court finds that the High Court has framed certain rules under Section 34 of the Advocates Act, which are incorporated under Part VI Chapter XXIV of the Rules of the Court. Section 34 of the Advocates Act gives power to the High Court to frame rules, including rules regarding conditions on which a person, including an Advocate, can practise in the High Court. An Advocate's right to appear in a Court is not an absolute right, but is hedged by such conditions, as laid down by the Court. What happens inside the Court can always be regulated by the Court. The Supreme Court in Common Cause, a Registered Society & Ors. Vs. Union of India & Ors., (2006) 9 SCC 295 held:
"...The right to practise, no doubt, is the genus of which the right to appear and conduct cases in the court may be a specie. But the right to appear and conduct cases in the court is a matter on which the court must and does have major supervisory and controlling power. Hence courts cannot be and are not divested of control or supervision of conduct in court merely because it may involve the right of an advocate. A rule can stipulate that a person who has committed contempt of court or has behaved unprofessionally and in an unbecoming manner will not have the right to continue to appear and plead and conduct cases in courts..."
In a similar fashion, the Court can impose an embargo for not accepting an illness slip where continuous illness slip is being sent, or where two Advocates are appearing for the same party and one of the Advocates sends an illness slip. The Court can easily ignore an illness slip since another Advocate is representing the same party and who can easily address the Court.
In the light of the aforesaid, it is clear that in spite of Rule 39 being framed by the Bar Council of India, the said rule is being violated with impunity by the members of the legal profession. No consent is taken by the Advocate from the earlier counsel, nor does he take permission from the Court to appear and address the Court. Violation of this rule entails disciplinary action against the Advocate, but, the Bar Council ignores this Rule, as a result of which, the lawyers/Advocates are filing their appearances in complete disregard to the mandatory provision. This Court in R.N. Singh Vs. State of U.P. & Ors., 1988 All C.J. 48 had noticed the provision of Rule 39 framed by the Bar Council of India and held that a counsel, not taking consent from the previous counsel already appearing, commits an error and violates Rule 39 of the Bar Council Rules.
In view of the aforesaid, the Court finds that the Rules of the Court needs to be amended and a provision with regard to the misuse of the illness slips is required to be incorporated under Chapter VI of the Rules of the Court. Further, rules relating to the conduct and etiquette of the Advocate appearing in the Court needs to be incorporated under Chapter XXIV of the Rules of the Court.
Consequently, in the light of the aforesaid, this vexed issue of misuse of illness slip is being disposed of with the following directions:-
1.The High Court is required to frame Rules of conduct for Advocates under Section 34 of the Advocates Act by appropriately amending Chapter XXIV of the Rules of the Court.
2.The High Court is directed to make provisions with regard to the misuse of illness slip by making appropriate amendment in Chapter VI of the Rules of the Court.
3.Rules relating to Advocate on Record, as framed by the Supreme Court of India should also be framed by the High Court, by which, one Advocate is made answerable and responsible for receiving affidavit, counter affidavit, rejoinder affidavit, notices, etc. and would also be made answerable to the Court and adjournment could only be sought by that counsel in the Court.
4.So long as necessary amendments are not incorporated in the Rules of the Court, the tradition, which has been built brick by brick over the last 140 years, will continue and will be honoured by the Court as far as possible with slight modifications, namely,
(a) Illness slip are to be recorded by the Reader of the Court, whether the case is taken up or not, and this has to be followed scrupulously. The Registrar General is directed to issue necessary directions to all the Readers of the Court for compliance.
(b) When an illness slip is sent, it should be honoured by the Court unless the Court records reasons for ignoring the illness slip. This is in consonance with the tradition of the Court.
(c) Upon three illness slips being recorded, the Reader of the Court will inform the Bench, and then, it would be open to the discretion of the Court to direct the said case to be listed peremptorily, or to ignore or honour the illness slip, as the case may be.
(d) Once a case is listed peremptorily, the case would not be adjourned on the ground of illness slip of the counsel, on whose instance, the case was adjourned earlier and was directed to be listed peremptorily.
(e) On the question of engagement of more than two counsels on behalf of a litigant, it is open to the litigant to engage as many counsel as he or she likes, but whenever a second counsel is engaged, the said counsel is required to take consent in writing from the earlier counsel, failing which, the said counsel is required to take permission from the Court.
(f) In addition to the above, when a vakalatnama is filed by the second counsel, the counsel is also required to file an affidavit of his client indicating as to which counsel would now argue the matter, even though, the vakalatnama of the earlier counsel has not been withdrawn. This is essential because a litigant may engage as many counsel as he likes, but the Court places a fetter, namely, that only one counsel can address the Court. Consequently, an affidavit to this effect, is essential.
These directions will be effective and would be followed from 1st of May, 2009 onwards and will continue till such time appropriate amendments are made in the Rules of the Court.
Certified copy of this order shall be placed before the Registrar General within three weeks from today, who is directed to take follow up action by placing it before the Hon'ble Chief Justice for issuing necessary directions for making necessary amendments in the Rules of the Court, as suggested by the Court. The Registrar General is further directed to print a gist of this order and directions of the Court in the Cause List on several days, so that the members of the Bar are made aware of the directions, which will come in force from 1st of May, 2009 onwards.
Certified copy of this order shall also be sent by the Registrar General to the President/Secretary of the two Bar Associations with a request to display the said order on their Notice Board for information to its members.
Before parting, the Court appreciates the submissions raised by various members of the Bar, and also appreciates the effort made by the Law Clerk, Ms. Aparna Srivastava, attached to the Court, for the extensive research done by her.
Put up this matter tomorrow for hearing on the merits of the case.
03.03.2009
AKSI
On 30th of January, 2009, an illness slip was sent by the learned counsel for the respondent. It appears that there was more than one counsel, appearing for the said respondent. The learned counsel for the petitioner insisted that the case should not be adjourned since another counsel was also appearing for the same respondent. This Court, while accepting the contention of the learned counsel for the petitioner, none-the-less, adjourned the case and passed the following order:
"An illness slip has been sent by one of the counsel for the respondents and therefore, the matter is passed over today.
Consequently, I direct the Registrar General of this Court to publish this order in the cause list for necessary information for all the Advocates of the Court. The Registry is also directed to supply a copy of the order to the President and Secretary of the High Court Bar Association as well as to the President and Secretary of the Advocates Association intimating them that the aforesaid issue will be heard by the Court on 10.2.2009 and that if they so desire, or any other advocate may address the Court on the said issue.
List this matter for further consideration on 10.2.2009. Interim order, if any, is extended till the next date of listing."
The aforesaid order was printed in the Cause List, published by the High Court, on several days. Notices to the President and Secretary of the two Bar Associations were served, and, in pursuance thereof, Shri V.C. Mishra, President of the Allahabad High Court Bar Association, Shri Daya Shanker Mishra, a member of the Bar Association and Shri A.B. Saran, Shri P.N. Saxena, Shri S.K. Verma, Senior Advocates appeared and addressed the Court and gave their suggestions. Shri Shambhoo Chopra, Advocate was authorised by the Advocates' Association, and addressed the Court and gave his inputs and suggestions. Shri Y.K. Saxena, the learned counsel for the petitioner also addressed the issue on the misuse of the illness slip, at length. Shri V.K. Rai and Shri Ashish Srivastava, Advocates also addressed the Court.
Shri V.C. Mishra, the learned Senior Counsel and President of the Allahabad High Court Bar Association submitted that the tradition of the Court should not be broken and the acceptance of the illness slip by the Court which is going on for more than a century should not be abandoned at the instance of one aggrieved Advocate. Further, the mere fact that certain Advocates were misusing the traditions of the Court and were deliberately filing their illness slips, and thereby, scuttling the hearing of the case, should be ignored in the larger interest of maintaining the traditions of the Court. The learned counsel submitted that these Advocates, who are misusing the illness slip, are the black sheep of the legal fraternity, and such acts should be condoned by the Court. The learned counsel submitted that on account of social factors and other extenuating circumstances, it becomes necessary for an Advocate to send an illness slip, and therefore, the Court should honour the illness slip. The learned counsel fairly conceded that where illness slip was being misused, the Court should step in and punish those Advocates, who misuse this facility, which has been followed over the last century.
Shri Daya Shanker Mishra, the learned counsel submitted that the delay in the dispensation of justice, on account of illness slip being sent by Advocates was miniscule, compared to the delay being caused by other factors. The learned counsel submitted that the delay in the disposal of the case, on account of the illness slip, was only 5%, and that the arrears and the pendency of the cases, which are mounting, was not on account of illness slip being sent by the Advocates.
Shri A.B. Saran, Shri P.N. Saxena and Shri S.K. Verma, the learned Senior Counsels of the Bar gave suggestions and submitted that in case an illness slip was sent by a particular counsel, the case may be adjourned on that date with an embargo that the same counsel would address the Court on the next date.
Shri Shambhoo Chopra, the learned counsel contended that a Rule should be framed, whereby only one Advocate should be made responsible and answerable to the Court, and suggested that the system of having an Advocate on Record, similar to the system followed by the Supreme Court, should be adopted and followed in the High Court also and, in this regard, submitted that the Rules of the Court should be appropriately amended. The learned counsel submitted that where an illness slip was being sent, it should be recorded in the order sheet, and upon continuous illness slip being sent, the case should be ordered to be listed peremptorily.
Shri Ashish Srivastava, a young member of the Bar was requested by the Court to address on this issue on behalf of the junior Advocates. The learned counsel submitted that the tradition of accepting the illness slip should be maintained and illness slip should be honoured by the Court, but, further submitted that the engagement of the second counsel on behalf the same party should only be done with the consent of the earlier counsel, and where such consent was not taken, the engagement of the second counsel, by necessary implication, would revoke the vakalatnama of the earlier counsel, in which event, the illness slip sent by the earlier counsel, should be ignored by the Court.
Shri Y.K. Saxena, the learned counsel for the petitioner vehemently submitted that the time has now come when the illness slip should be ignored, and once the case was listed on the board, it should not be adjourned on account of an illness slip being sent by an Advocate unless there was some extenuating factor which compelled the Court to adjourn the case. The learned counsel submitted that in any case, when two counsels are appearing for the same party, the case should not be adjourned at the instance of the illness slip of one counsel, especially when there was another counsel, who was competent to argue, and whose instructions had not been withdrawn.
Shri V.K. Rai, Advocate submitted that it was high time, the Court framed Rules to curb the misuse of the illness slip being sent by the Advocate and further submitted that on account of frequent misuse of the tradition of the Court, such Advocates should not be given any sympathy.
Traditions are not built on one day. This Court is more than 140 years old, and has built itself a rich tradition. Illness slip has been accepted by the Court since time immemorial and, till date, this tradition of accepting the illness slip is being maintained. The Court, however, notices that the use of illness slips is being misused by a large number of the Advocates for vested reasons. A common example of the misuse is that, on account of continuous illness slip being sent by an Advocate, the case gets adjourned, and on this basis, it allows the ex parte interim order to continue for days and months, and some times, for years. Eviction orders which has been stayed are not being vacated because illness slips is being sent by the counsel. Recovery proceedings are stayed and the case gets adjourned.
The tradition of this Court was considered by the Supreme Court in the case of Rais Ahmad Vs. State of U.P. & Ors., AIR 1999 SC 3080. The Supreme Court, itself, noticed the facility of illness slip being abused and misused by the Advocates. The Supreme Court held that the tradition of the Court in accepting illness slip, which has become a custom/practice of the Court, and which has been handed down from generation to generation, was being misused. The Supreme Court held:-
"10. "Traditions" of a Court are built upon the edifice of cooperation between Judges and lawyers over a period of years. "Traditions", are doctrines, customs, practices, beliefs and usages which are handed down from generation to generation. As pointed out earlier, one of the traditions of the Allahabad High Court, which is now more than 130 years old and has seen many generations of lawyers, is that a case would be adjourned on the "Illness Slip" of a counsel. This and other traditions of the Court bind the lawyers and Judges in a sacred relationship of mutual trust and understanding. The adjournment of a case on the "Illness Slip" reflects the Court's respect for the counsel and its consciousness that a lawyer or counsel, though an officer of the Court, is nevertheless a human being who can fall ill. It also reflects the faith and trust the lawyer has in the Court that the Court would, on his "illness slip", adjourn the case.
11. It is contended on behalf of the respondents that the facility of adjournment available to the counsel on the ground of "Illness Slip" is a facility which has been abused more often than not, so much so that interim orders once obtained have notoriously been found to have continued for a long time merely on the "illness slip" and, therefore, the facility of adjournment on this basis should be abolished so that the litigant whose counsel has fallen ill, may make alternative arrangement and the hearing of the case may not be affected. That may be true in rare cases and in that situation the Judges would not act upon the "Illness Slip" if it is found, from a mere look at the running order sheet, that the facility has been misused or abused. But, isolated examples would not be destructive of the noble tradition. Moreover, litigants in this country are generally poor (agriculturists) coming from rural areas or they are Govt. servants or workmen in an industrial establishment or the like and they cannot afford or manage the luxury of engaging another counsel. This privilege is available only to the Central or State Governments who not only have Standing Counsel but also standby counsel (panel lawyers) and, therefore, only the State counsel can dare plead for abolition of adjournment on "Illness Slip", which we hereby reject as absurd and inappropriate."
The procedure for sending an illness slip, which is being followed, as on date is, that an Advocate normally sends an information on a piece of paper, addressed to the Reader of the Court, praying that the Court may be informed that the counsel is unwell or ill, and that, the case listed may be passed over for that day. The Reader makes an endorsement on his Cause List, and when the case is called out, the Reader, at that stage, informs the Court about the illness of the counsel. As per the tradition of this Court, normally the case is passed over, unless for reasons, to be recorded, the Court chooses to ignore the illness slip.
Earlier, illness slip used to be recorded on the order sheet by the Reader of the Court, and if three illness slips were recorded, the Reader used to inform the Court, in which case, an order was passed by the Court directing the case to be listed peremptorily, but now, on account of pressure of work, this practice of recording the illness slip on the order sheet is no longer carried out by a majority of the Courts. The Reader is overburdened. He has no time to record the illness slips. There are other factors, which the Court does not wish to spell out.
There is another aspect to be considered. Till about two decades ago, a case, which was listed in the Cause List, was repeated on alternate days if the said case was adjourned or was not taken up on that day, and in this manner, the case used to remain on the cause list till such time an order was passed. But, now, if a case is adjourned on a particular date, there are chances that the case is de-listed and is not repeated, and if repeated, is listed only after two or three weeks, and in this manner, the hearing of a case gets delayed for oblique reasons. This results in the accumulation of pending cases.
The High Court has framed the Allahabad High Court Rules, 1952, which is commonly known as the Rules of the Court. Chapter VI, Rule 15 and Chapter VI, Rule 12 are two provisions, providing for an adjournment of a case. Under Chapter VI Rule 15, an Advocate can apply before the Chief Justice for adjournment of his case on account of various factors, including illness, and when such adjournment is granted by the Chief Justice, the cases of that counsel are adjourned for that period, and if during that period, a case does get listed in a Court, the said case is adjourned invariably by the Court.
But, where the Advocate suddenly takes ill, and has no time to apply for an adjournment before the Chief Justice, an oral mention is accepted in the Court when the Court begins it work for the day, and under Chapter VI, Rule 12, the illness slip sent on a piece of paper is accepted by the Court. For facility, the provision of Chapter VI, Rule 15 and Chapter VI Rule 12 of the Rules of the Court are quoted hereunder:-
"15. Advocate's application for postponement of his cases.- (1) The Chief Justice may on the application of an Advocate postpone his cases for such time as he may deem proper, if he is satisfied that such postponement is necessary on account of a marriage, death or illness or any other unavoidable or urgent reason.
(2) An application under this rule shall be accompanied by a list of cases desired to be postponed specifying the occasion or occasions, if any when any such case was previously postponed under this rule. It shall also indicate the cases in which the date of hearing has been fixed by a Bench. If any omission or inaccuracy in this regard is discovered in the application later. Or if any Advocate whose such application has been allowed is found to have appeared before any of the Benches of the Court or before any other Court or Tribunal except where the postponement has been ordered specially on ground of appearance before any particular Court or Tribunal, in any case, whether for orders, admission or hearing, the application for postponement of cases shall stand rejected automatically.
12. Court may order a case to stand out of its place or be adjourned on application- On an application made to it the Bench may for sufficient cause shown order any case-listed before it for hearing to stand out of its place in the Cause List or to be adjourned for such period as may be considered just. Where an adjournment for not more than three days is sought the application may be made orally. In considering whether there is sufficient cause any objection on behalf of the other party shall be taken into account.
A motion under this rule may be made as soon as the Bench begins its work for the day and shall not ordinarily be entertained if made at any other time:
Provided that no adjournment shall be granted under this rule unless there is sufficient work for the day."
Over the years, more than one counsel have started appearing on behalf of one party. At times, a litigant engages more than one counsel. Full liberty is given to a litigant to engage as many counsels as he desires. Section 24 of the Advocates Act, 1961 provides the criteria of a person to be admitted as an Advocate on a State roll. The person who fulfils the requirement of Section 24 for enrolment, becomes entitled to be enrolled as an Advocate, and on such enrolment, he acquires a right to practise in a Court of law. Having acquired a right to practice, he incurs certain obligations in regard to his conduct as a member of the legal profession.
In Indian Council of Legal Aid and Advice etc.etc. Vs. Bar Council of India & Anr., AIR 1995 SC 691, the Supreme Court explained the duties which an Advocate was required to follow in a Court of law. The Supreme Court held:
"Since the duty of a lawyer is to assist the Court in the administration of justice, the practice of law has a public utility flavour and, therefore, he must strictly and scrupulously abide by the Code of Conduct behoving the noble profession and must not indulge in any activity which may tend to lower the image of the profession in society. That is why the functions of the Bar Council include the laying down of standards of professional conduct and etiquette which advocates must follow to maintain the dignity and purity of the profession."
Section 49 of the Advocates Act confers power on the Bar Council of India to make rules for discharging its functions under the Act. Section 49 (1) (c) of the Act provides that the Bar Council will frame rules with regard to the standard of professional conduct and etiquette to be observed by the Advocates. In exercise of this power, the Bar Council of India has framed rules known as "Bar Council of India Rules", which has also been published in the Gazette of India. Chapter II of Part VI of the Bar Council of India Rules relates to rules governing Advocates, especially, towards standard of professional conduct and etiquettes. Rule 39 provides for the contingency where more than two counsels may appear on behalf of the same party. For facility, Rule 39 of the Rules, as framed by the Bar Council of India, is quoted hereunder.
"39. An advocate shall not enter appearance in any case in which there is already a vakalat or memo of appearance filed by an advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent could not be produced and he shall appear only after obtaining the permission of the Court."
A perusal of the aforesaid Rule indicates that an Advocate shall not enter appearance when there is already an Advocate appearing on behalf of the party, except with his consent, and where such consent is not produced, the subsequent Advocate is required to obtain permission from the Court. Infringement of this rule entails disciplinary action against the Advocate under the Advocates Act and rules framed by the Bar Council. The Bar Council has framed rules to punish such Advocates, who misconduct themselves. The general superintendence of ethics and etiquettes of the Advocates is the responsibility of the Bar Council, and the Bar Council has been charged with the duty to punish their members for misconduct.
However, the Court is constraint to observe that this rule is being misused with impunity and no effort is being made by the Bar Council to curb this mal practice, and one of the reasons is, that no complaint is made before the Bar Council. On the other hand, the Court is saddled with this malaise, and gets over burdened with the frequent delay caused in the disposal of the case ,on account of illness slip being sent by more than one counsel.
In re Sanjiv Datta, Deputy Secretary, Ministry of Information and Broadcasting, New Delhi & Ors., (1995) 3 SCC 619, the Supreme Court pointed out that this service which the members of the profession are rendering by their absence (emphasis is mine), when the matters are called out, would wreck the system from within before it is wrecked from outside, if corrective measures are not taken in time. These observations of the Supreme Court is like a prophecy coming true.
In Ex. Capt. Harish Uppal Vs. Union of India & Anr., AIR 2003 SC 739, the Supreme Court held that an Advocate is an officer of the Court and enjoys a high status in society and has an obligation and duty to ensure smooth functioning of the Court. The Supreme Court held that an Advocate cannot disrupt the proceedings of the Court, nor can it jeopardise the interest of his client. This observation was made by the Supreme court in relation to the advocates going on strike and putting the judicial system to ransom.
Continuous illness slips sent by the Advocates amounts to a misuse of the process of the Court, and the indulgence granted by the Court. By the process of sending continuous illness slip, a fetter is placed in the smooth running of the administration of law, which gets threatened. Courts are under no obligation to adjourn a matter because an Advocate has sent an illness slip. On the contrary, it is the duty of the Court to go on with the matter with the cases listed on the Cause List even in the absence of the Advocate. But, on account of the rich tradition, this Court has been honouring the illness slips being sent by the advocates. But, now, on account of the blatant misuse of the illness slip, the time has come for the High Court to frame a specific rule with regard to the control of conduct of the Advocates in Court, which the High Court can frame and which is within its domain as per Section 34 of the Advocates Act. The Court finds that the High Court has framed certain rules under Section 34 of the Advocates Act, which are incorporated under Part VI Chapter XXIV of the Rules of the Court. Section 34 of the Advocates Act gives power to the High Court to frame rules, including rules regarding conditions on which a person, including an Advocate, can practise in the High Court. An Advocate's right to appear in a Court is not an absolute right, but is hedged by such conditions, as laid down by the Court. What happens inside the Court can always be regulated by the Court. The Supreme Court in Common Cause, a Registered Society & Ors. Vs. Union of India & Ors., (2006) 9 SCC 295 held:
"...The right to practise, no doubt, is the genus of which the right to appear and conduct cases in the court may be a specie. But the right to appear and conduct cases in the court is a matter on which the court must and does have major supervisory and controlling power. Hence courts cannot be and are not divested of control or supervision of conduct in court merely because it may involve the right of an advocate. A rule can stipulate that a person who has committed contempt of court or has behaved unprofessionally and in an unbecoming manner will not have the right to continue to appear and plead and conduct cases in courts..."
In a similar fashion, the Court can impose an embargo for not accepting an illness slip where continuous illness slip is being sent, or where two Advocates are appearing for the same party and one of the Advocates sends an illness slip. The Court can easily ignore an illness slip since another Advocate is representing the same party and who can easily address the Court.
In the light of the aforesaid, it is clear that in spite of Rule 39 being framed by the Bar Council of India, the said rule is being violated with impunity by the members of the legal profession. No consent is taken by the Advocate from the earlier counsel, nor does he take permission from the Court to appear and address the Court. Violation of this rule entails disciplinary action against the Advocate, but, the Bar Council ignores this Rule, as a result of which, the lawyers/Advocates are filing their appearances in complete disregard to the mandatory provision. This Court in R.N. Singh Vs. State of U.P. & Ors., 1988 All C.J. 48 had noticed the provision of Rule 39 framed by the Bar Council of India and held that a counsel, not taking consent from the previous counsel already appearing, commits an error and violates Rule 39 of the Bar Council Rules.
In view of the aforesaid, the Court finds that the Rules of the Court needs to be amended and a provision with regard to the misuse of the illness slips is required to be incorporated under Chapter VI of the Rules of the Court. Further, rules relating to the conduct and etiquette of the Advocate appearing in the Court needs to be incorporated under Chapter XXIV of the Rules of the Court.
Consequently, in the light of the aforesaid, this vexed issue of misuse of illness slip is being disposed of with the following directions:-
1.The High Court is required to frame Rules of conduct for Advocates under Section 34 of the Advocates Act by appropriately amending Chapter XXIV of the Rules of the Court.
2.The High Court is directed to make provisions with regard to the misuse of illness slip by making appropriate amendment in Chapter VI of the Rules of the Court.
3.Rules relating to Advocate on Record, as framed by the Supreme Court of India should also be framed by the High Court, by which, one Advocate is made answerable and responsible for receiving affidavit, counter affidavit, rejoinder affidavit, notices, etc. and would also be made answerable to the Court and adjournment could only be sought by that counsel in the Court.
4.So long as necessary amendments are not incorporated in the Rules of the Court, the tradition, which has been built brick by brick over the last 140 years, will continue and will be honoured by the Court as far as possible with slight modifications, namely,
(a) Illness slip are to be recorded by the Reader of the Court, whether the case is taken up or not, and this has to be followed scrupulously. The Registrar General is directed to issue necessary directions to all the Readers of the Court for compliance.
(b) When an illness slip is sent, it should be honoured by the Court unless the Court records reasons for ignoring the illness slip. This is in consonance with the tradition of the Court.
(c) Upon three illness slips being recorded, the Reader of the Court will inform the Bench, and then, it would be open to the discretion of the Court to direct the said case to be listed peremptorily, or to ignore or honour the illness slip, as the case may be.
(d) Once a case is listed peremptorily, the case would not be adjourned on the ground of illness slip of the counsel, on whose instance, the case was adjourned earlier and was directed to be listed peremptorily.
(e) On the question of engagement of more than two counsels on behalf of a litigant, it is open to the litigant to engage as many counsel as he or she likes, but whenever a second counsel is engaged, the said counsel is required to take consent in writing from the earlier counsel, failing which, the said counsel is required to take permission from the Court.
(f) In addition to the above, when a vakalatnama is filed by the second counsel, the counsel is also required to file an affidavit of his client indicating as to which counsel would now argue the matter, even though, the vakalatnama of the earlier counsel has not been withdrawn. This is essential because a litigant may engage as many counsel as he likes, but the Court places a fetter, namely, that only one counsel can address the Court. Consequently, an affidavit to this effect, is essential.
These directions will be effective and would be followed from 1st of May, 2009 onwards and will continue till such time appropriate amendments are made in the Rules of the Court.
Certified copy of this order shall be placed before the Registrar General within three weeks from today, who is directed to take follow up action by placing it before the Hon'ble Chief Justice for issuing necessary directions for making necessary amendments in the Rules of the Court, as suggested by the Court. The Registrar General is further directed to print a gist of this order and directions of the Court in the Cause List on several days, so that the members of the Bar are made aware of the directions, which will come in force from 1st of May, 2009 onwards.
Certified copy of this order shall also be sent by the Registrar General to the President/Secretary of the two Bar Associations with a request to display the said order on their Notice Board for information to its members.
Before parting, the Court appreciates the submissions raised by various members of the Bar, and also appreciates the effort made by the Law Clerk, Ms. Aparna Srivastava, attached to the Court, for the extensive research done by her.
Put up this matter tomorrow for hearing on the merits of the case.
03.03.2009
AKSI
God in his heart and surrender himself completely to him and there by wiping out his ego sense. Purity truth and non violence in Action.
Speech', The Complete
Works of Sri Yogesh Saxena on Spiritual Enlightenment
"After a study of
some forty years and more of the great religions of the world, I find none so
perfect, none so scientific, none so philosophic, and none so spiritual as the
great religion known by the name of Hinduism. The
more you know it, the
more you will love it; the more you try to understand it, the more deeply you
will value it. Make no mistake; without Hinduism, India has no future. Hinduism
is the soil into which India's roots are struck, and torn of that she will
inevitably wither, as a tree torn out from its place. Many are the religions
and many are the races flourishing in India,
but none of them stretches back into the far dawn of her past, nor are they
necessary for her endurance as a nation. Everyone might pass away as they came
and India would still remain. But let Hinduism vanish and what is she? A
geographical expression of the past, a dim memory of a perished glory, her
literature, her art, her monuments, all have Hindudom written across them. And
if Hindus do not maintain Hinduism, who shall save it? If
India's own children do
not cling to her faith, who shall guard it? India alone can save India, and
India and Hinduism are one." Identification of mind as an independent personality and the
tenability to enter into harmony and oneness is resulting in mental and
physical suffering, the sense of obstruction and disappointment towards
disintegration of society. Desirstic approach, the energy gets deplete object
conscienceless leading to a state of starvation and one. consciousness. Gita
says ‘he whose mind is not shaken by diversity, who does not hanker of the pleasure,
and is free from attachment, that meets with everything good or bad, neither
rejoices nor hates his wisdom is fixed’.
The mind of
a person have steady wisdom and he is not to distressed calamity, he is not
affected by the afflictions arising form thunder, lightening, storm, flood
etc., and fear arising from the venomous and ferocious. When he is pleased in an affluent condition,
he does not long for sensual pleasures. The body with the controlled mind
possess pious understanding or evenness of mind. He does not rejoice in pain
that may be fall on him. He has life or body as he identified self, being
routed in the self. He will not praise any body when later does any good to him
nor sensor any one when one does him any harm. For when a man thinks of objects,
attachment form desire is born, from desire anger arises, form anger comes
delusion, form dilution loss of memory, form loss of memory the destruction of
discrimination, form distraction of discrimination, he perishes as he is swept
away by impulse of passion and emotion
and he will act irrationally.
One has to
abandon all desires in the world be free form attachment an latent impressions
doing everything out worldly and thus playing one’s part in the world. He has
to cut the bond of attachment form all sides, by the sword of knowledge. He
should to play with life and should be loyal to ideals and must spiritualist
out his thoughts, emotions and actions.
Soul
require solitude, In order to get peace mind has to become calm. The physical
existence must be free form all thoughts daily for sometime and furring the
period of wisdom dawns. Thought mediation, one may study his true and realise
he as spirit of freedom, spirit of unity, spirit of immortality. Live in truth
by becoming truthful, love all, for love is unity, by reflecting upon thought.
The man bonda may perpetuate slavery, Beware of lust, greed, anger passion
hatred, jealousy and the unlimited wants of five senses. They are enemies.
There is no
spiritual without love. Spiritual realisation automatically makes us love every
body. Truth and universal love raise us to a spiritual status and we can see
the divine life. This is the highest vision which comes when he realize God in
his heart and surrender himself completely to him and there by wiping out his
ego sense. Purity truth and non violence in Action.
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