Passed in April 1923 by the Legislative Council of Great Britain , the OSA was never notified in thGazette of India. The Act becomes a law only after it is notified in the Gazette of India.  Gazette notification of  OSA ( India) is not available in India or UK.   The OSA was amended twice, in 1951 and 1967. The amendments were notified in the ' Gazette Extraordinaire of India'. The OSA conflicts with the RTI Act. The second Administrative Reforms Commission  while recommending scrapping of  OSA suggested that safeguards for ‘State Security’  be included  in the National Security Act (NSA) instead of the OSA. The UK replaced OSA 1923(UK) by its 1989 Act

Will the GOI ( MHA and Law ) re-write the draconian OS Act 1923 after taking into consideration the sovereignty of modern India  (not the British India) and the Constitutional and statutary safeguards  available to citizens of  India like  ‘ Freedom of Speech and Expression’, ‘Right to Information’ etc?

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Jaipur Literature Festival (JFL) has a penchant for courting controversy. Ashis Nandy was ostensibly playing to the gallery when he remarked at a panel discussion that “Most corrupt people come from OBC, SC and ST communities”.. The eminent sociologist-turned-author was unprofessional when he failed to substantiate his thesis through empirical data..According to experts, no caste-based sociological study has ever been made. to support his sweeping generalization.. 

Corruption is endemic , un- related to castes or creeds.One knows of either small crooks or big crooks. Scams involving bureaucrats , big businessmen , the political class et al get suppressed irrespective of caste affiliations. Nandy’s naivete at JLF’s international forum has encouraged powerful sections to get political mileage out of the JLF’s imbroglio by ignoring their own credentials and track records.Ironically, the benefits of reservation instead of percolating to the deprived sections, are cornered by the high and mighty, 

Nandy has much to explain for his offensive remarks under cover of Freedom of Speech and Expression.He must be challenged intellectually and condemned unequivocally. Let the Jaipur Police not get trapped in political sloganeering.

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The  effort  put in  by the three members  anti- rape committee headed by former CJI in submitting its  631 pages report to GOI merits appreciation.The job was completed  in a record 29 days after orally consulting   474, witnesses..Let the law makers in Parliament and State assemblies now legislate  on the matter.The lukewarm response  by  serving DGs  across the country, is reprehensible. Their  inability  to assist the committee  by giving suggestions/opinions  for  amendments to criminal law,  displays  their lack of concern for women’ safety. They must all be show-caused and reprimanded.

 

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Justice Katju's views on countries problems merit  respect and  consideration.His scholarship should not and cannot be taken for granted. 

 However, he will rise more in my esteem ,if, he targets the evil of "Paid Journalism" in India.This hard reality has shaken the "Fourth Pillar" of democracy also called the Fourth Estate. It is common knowledge that the indian Media, print as well as  electronic, is sold out to the political class. Journalists owing allegiance to the Nehru-Gandhi-Vadra dynasty are being feted and paid regularly by the ruling dispensation.Their details are are a common knowledge in the journalistic circles. Radia tapes were a small sample.

The Media ,in return for the kickbacks, create media hypes to improve the sagging image of  the Congress.Even a non-event connected with  Sonia and Rahul Gandhi is portrayed as a 'Breaking News". Their facetious and irrelevant remarks grab the headlines. The Media’s single point agenda is to project Rahul Gandhi as the next Prime Minister. Even seasoned  journalists are shy of questioning Rahul’s potential as  a leader.Not to lag behind, the  senior Congressmen  take pride in praising the dynasty to secure themselves in the eternal game of One-up-manship. Shameless and disgusting creatures, they are. Ethics in Journalism has undergone a paradigm shift.

Let the Chairperson Press Council of India,Justice  Katju focus his attention to it.

 

A K SAXENA (A retired civil servant)

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I AM SURE RUSHDIE WOULD CERTAINLY MAKE A SUDDEN GUEST APPEARANCE AT THE JAIPUR LITERATURE FESTIVAL BETWEEN JAN,24-28.2013.

ONE HOPES, NO INTELLIGENCE INFO IS FABRICATED THIS TIME LIKE LAST YEAR. WHICH HAD PUT THE ENTIRE GOI IN THE DOCK WITH HUGE POLITICAL EMBARRASSMENT..

THE CONGRESS GOONS WOULD BE ADVISED NOT TO CREATE NUISANCE AGAIN THIS  TIME WITH THE COVERT SUPPORT OF THE STATE MACHINERY.

LET NO ONE TRY TO HIJACK THE EVENT FOR NARROW POLITICAL ENDS AND CHEAP PUBLICITY.

A K SAXENA (A retired civil servant)

 

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GOI’s candy floss approach towards Pakistan despite several sponsored terrorist attacks during the last five years, has portrayed India as a soft State in the comity of nations. Lack of appropriate response by India emboldened Pakistan army (regular/irregular) to cross the LOC , brutally killing and  beheading  two Indian soldiers. 

Will GOI wake up and show its political will by instructing the Indian army launch a surgical strike on POK and dismantle all terrorist infrastructure on the other side of LOC ? 

Should India do a Kashmir in Baluchistan by way of retaliation ? This will take the pressure from J&K.What do you  think ?

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Delhi court’s strictures against  CP,Delhi and his juniors in Delhi’s gang rape case, is a serious indictment of MHA.The blame game between MHA and Delhi govt over control of Delhi Police (DP) has exposed Delhi’s skewed governance structure with multiplicity of authorities. DP is inefficient, corrupt and insensitive due to its last jurisdiction and total absence of accountability.  Violations of local byelaws under the nose of DP has led to rampant unauthorised encroachments on public land .The DP is reluctant to remove encroachments as it is their regular source of illicit income.The scam is a thriving industry involving hundreds of crores worth of illegal  transactions. Traffic snarls are constant irritants due to Police apathy.

A Municipal Police force should be constituted in Delhi/ New Delhi for handling offences like violations of local byelaws leading to unauthorized encroachments. Functions of traffic management (along with traffic police) should  be transferred to NCT Delhi .The performance of officers  must be  monitored by Delhi’s Chief Secretary and the minutes must be kept in public domain as a shield against political interferences and cosmetic changes.

Off-loading DP of civic functions will enable Delhi’s Police Commissioner to focus his/her attention to critical areas like public and VIP security, women’ safety,anti-terrorism measures, law& order etc.

If the experiment succeeds in Delhi based on impact assessment study, then, it could be replicated elsewhere in the country.Will the MHA take a call ?

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The Constitutional provision for reservation was meant to enable the lower echelons of society join the main stream . It was initially envisaged for 20 years from the date of adoption of the Constitution. But, unfortunately,due to vote bank politics , the law makers in Parliament gave  successive  extensions for 65 years. The benefits of reservation are presently being cornered by affluent sections of reserved categories whereas the poor are getting further marginalized. It is suggested that reservation in present form is gradually phased out through Constitutional amendment.The benefit of ‘affirmative action’ must be allowed ,across the board, based on the criteria of economic backwardness  irrespective of  Class or Castes.

 Merit is undoubtedly compromised due to lowering of  general qualifying standards for SC/ST/OBC while filling vacancies in these categories. This applies to all exams conducted by the UPSC , SSC and other recruitment bodies across the country.

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Provision of the pernicious "single-point-directive", that exempts senior bureaucrats of the rank of Joint Secretary and above from direct probe by CBI in corruption cases, without prior prosecution sanctions of GOI, must be revisited. The Apex court in 1997 had quashed the exemption clause incorporated in the executive resolution of 1964 that created the CVC. The GoI, however, decided to restore it with statutory force through incorporation in the CVC Act.

According to reply by DOP&T to a Parliament question, the GoI during the last four years, denied sanctions in respect of 15 officers of the level of JS and above, against whom the CBI had solid evidences of graft charges. Worse, 14 cases, filed by CBI had to be closed for want of prosecution sanctions.

 The law cannot inhibit probe against senior bureaucrats and public sector executives and cover merely junior officers and PSU executives. Restoration, based on discrimination, is bad in law.ItsConstitutional validity must be examined by the Law commission, legal luminaries in the light of principle of "Equality before law”. Need it be mentioned that the level of JS and above is the cutting edge level for policy decision making and the scope of corruption is high.

A K Saxena (A retired civil servant)

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The death of Delhi’s gangrape victim has jolted the conscience of every Indian. The spurt in the number of rape could be attributed to bad governance, lack of fear of law and growing insensitivity of police personnel . The penalty for rape as provided in IPC, does not match the culpability of outraging a woman’s modesty.The public outcry for capital punishment in rape cases merits consideration of law makers as this alone could instill fear in criminal minds.The offence of rape must be made  cognizable  and non-bailable.  The suggestion for ‘chemical castration’ cannot provide deterrence due to its reversibility.This could apply on  offenders who are on parole.

 The Presidential power for commuting death sentences into life imprisonment,   merits to  be reviewed through legislative intervention.  The exercise of  such power, being arbitrary and discretionary, merely encourages political interferences. Views of sociologists and psychologists must be considered along with police experience. While enhancing  penalty,  it  must be ensured  that there is no scope  for misuse  by women on the analogy of  Sec 498 (A) IPC in dowry cases.

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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.


You can contact me at

aksaxena1947@gmail.com

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