Delayed Justice - sad story of UP Postman - suspected, suspended & humiliated

It is the view that matters…… perceptions overtake reality…….the recent acquittal of Seers of Kanchi was welcomed widely ~ though there were some media which sought to provide a colour to it ~ and the same people argued differently when a top political leader was acquitted in a murder case in which he was the direct accused.  In Uttar Pradesh, a Postman has been declared innocent in a case of allegedly stealing money order……… the declaration of innocence has not made him anyway happy ~ coming as it does after 29 years and the trial was for a paltry amount of Rs.57.60…. Some times justice delayed is not merely justice denied but downright cruel.

In my school days remember this short story in English lesson ~ one by the eminent Russian – Leo Tolstoy, first published in 1872.  Titled - "God Sees the Truth, But Waits" – it  is a story of a man sent to prison for a murder he didn't commit ~ the brilliant narrative took the form of a parable of forgiveness. English translations were also published under titles "The Confessed Crime" and "Exiled to Siberia". The concept of the story of a man wrongfully accused of murder and banished to Siberia also appears in one of Tolstoy's previous works, War and Peace, during a philosophical discussion among two characters who relate the story and argue how the protagonist of their story deals with injustice and fate.

This short story is of  Ivan Dmitrich Aksionov, a merchant living in a town in Russia, Vladimir. One day he decides to go to a fair as a business venture, but his wife pleads for him not to go because of a nightmare she had the previous night. Aksionov doesn't consider his wife's dream and leaves for the fair. Aksionov meets another merchant on his way, and the two decide to travel together. They check into an inn and have a good time drinking, then they retire separately.

Next morning Aksionov wakes early  and leaves soon to be stopped and arrested by Police of murdering the other merchant ~ evidence being a blood stained knife found in the bag of Aksinov; he is sentenced and sent to Siberia. After his trial flogging, his wife can finally visit him, and she sees that Aksionov's hair has begun to go gray from the stress. Resigned to his fate, Aksionov spends twenty-six years in Siberia, becoming  a mediator of sorts in the prison, and he is well respected by the other prisoners and also guards alike. One day some new prisoners, one of them being Makar Semyonich, are transferred to the prison. After overhearing several conversations, Aksionov is convinced that Makar Semyonich is the man who committed the murder for which Aksionov was blamed. Eventually Aksionov confronts Makar Semyonich, but he denies committing the murder.

Later he stays put in not telling the authorities of a escape attempt of Makar – eventually the killer admits his wrong deed.  Aksionov forgives Semyonich, and feels as if a terrible weight had been lifted. Makar Semyonich confesses to the authorities, and the process for Aksionov to be cleared is begun. Unfortunately, Aksionov dies before he can reach home, but he dies in peace.

This story was adapted into television series, Katha Sagar (1986) directed by Shyam Benegal. It was adapted into a CBS Radio Mystery Theatre program, All Things Are Possible (1978) directed by Himan Brown.  Simple, yet a resounding story which will make the readers feel bad for the hero.

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Now coming to the TOI news from Kanpur -  An Uttar Pradesh based postman, who allegedly stole a money order worth Rs 57.60 in 1984, has been declared innocent in the case after 29 years.

Umakant worked in a postoffice in Harjinder Nagar area of Kanpur. Department authorities at the post office handed Mishra Rs 697.60 in cash to distribute as money-order. Of the total Rs 697.60, Umakant distributed Rs 300 and the rest he claimed to have returned to his senior colleagues. But they accused him of stealing Rs 57.60 and lodged an FIR against him. That was on July 13, 1984. A case was registered against him for stealing Rs 57, and he was promptly suspended. The police booked him for criminal breach of trust. He was suspended from his job and had to attend over 350 court hearings till date. A local court has finally declared him innocent in the case.

Now after 29 years and 350 odd hearings, Umakant has proved himself to be innocent ~ the loss he suffered in this period is  enormous. The judgment was delivered by a metropolitan magistrate on November 25. Umakant wept when he was approached for an interview. Struggling to find words, Umakant said, “I retired three years ago and remained suspended for nearly 26 years. I have no idea what to say or do.” "I am shattered. I lost my job, my reputation. It was a long struggle. Finally, truth has come out but at what cost," said Mishra. His wife Geeta said, “I am relieved and happy with the verdict, but if we’d got justice at the right time, our children’s career wouldn’t have got ruined. We lived with the stigma and financial trouble.” “We lost everything, borrowed money for our livelihood, children’s education and marriage,” she said. “Without regular income, we had trouble arranging for the education and marriage of our children. We sought donation to marry off our two daughters. Since we could not educate our children, our son Ganga has an insecure job.

We  for sure are  at a loss of words !!!!

With regards – S. Sampathkumar

3^rd  Dec 2013.

the Glory of Triplicane - need for retaining the Constituency - 'NO' to Merger....

It is with deep sense of anguish  the residents of Triplicane received the news of realignment of Assembly constituencies – a la – removal of Triplicane constituency itself.  History repeats itself.  It is exactly 100 years since Bengal was partitioned in the guise of administrative reforms.  Perhaps now it is Triplicane at the altar.  We understand that  a move is contemplated towards demarcation of constituencies and doing away with Triplicane constituency by merger with other constituencies.   To us this is selective culling, though officially it might go down as “delimiting and redrawing the boundaries”

The name “Triplicane”  pronounced Tiruvallikeni by natural laws of linguistics, was crudely rolled and twisted out of shape by the English tongue as Triplicane.  It is a place where religion, nationalistic fervour, patriotism, sports, education and the individual dignity have interspersed for the benefit of the State and the larger interests of the Nation.

A peep in to the past – history is imperative to understand the pristine glory of this puranic place.  Hence few lines on the capital of State – Chennai & the history of Triplicane, the existence of which far exceeds the Chennai and present conglomeration.  Chennai is situated on the north-east end of Tamil Nadu on the coast of Bay of Bengal. It lies between 12* 9' and 13* 9' of the northern latitude and 80* 12' and  80*  19'  of the southern longitude on a `sandy  shelving  breaker  swept beach'. It stretches nearly 25.60 kms. along the Bay coast from Thiruvanmiyur in  the south to Thiruvottiyur in the north and runs inland in a  rugged  semi-circular  fashion. It is bounded on the east by the Bay of  Bengal and  on  the remaining three sides by Chengalpattu and Thiruvallur Districts.  The city  of Chennai came into being due to a strategic necessity and historical accident. It in a way symbolises the rise of British power in South India by setting up and  consolidation of the East India Company in the seventeenth  century with its headquarters at Fort St. George in Chennai as a trading centre. Within 350 years, a  few scattered villages (important being Mylapore,  Triplicane  and Chennai  Patnam)  have  developed  into a  modern  metropolitan  city  without shedding  its traditional customs, religious outlook and other traditions.  It can  be  proudly  remarked that the greatness of  ancient  Chennai  is  mostly religious  due to the preservation of the old  famous Saivaite and  Vaishnavite shrines  signifying  the  antiquity of the  place.  The growth of  the  city  is  significant  and closely linked with the  development of  British  Institutions and administration. In short, Chennai  city was the chief centre from which the  British  rule expanded in the sub-continent and it remains a standing monument  of British contribution to  India. Chennai  city  has acted as an important centre of culture and   education  in South  India  and has been the cradle of many movements  which have  played  an  important  role  in  the  history of the  sub-continent.  

The  present  day territorial limits of the city existed in the shape of scattered villages  for centuries  before  the advent of the British. In the process of  growth,  many villages got agglomerated into a single unit. The shape and extent of the city which existed during 1939-40 was reached even during the opening years of 19th century. The period in between 1803 to 1827 represents consolidation and development of institutions.  

'Kairavini Pushkarini' - the thirukulam of Sri Parthasarathi Swami Temple - a pond of lily flowers ~ which gave the place the name 'Thiruvallikkeni' .. the pond of lily.

This lengthy description about the emergence of Chennai is necessary to understand correctly the pre eminence of Triplicane.  To understand the emergence & existence of place,  the aesthetically looking Sri Parthasarathiswami Temple  stands a testimony.  Again, the temple  has a hoary past. Some even go the extent of claiming that it has existed for more than 5000 years now. Going by the stone inscriptions found in the temple and by the fact that it is sung by Pey Azhwar, Thirumazhisai Azhwar and Tirumangai Azhwar, it can safely be concluded that this temple has existed for a minimum of more than 1200 years now.  There is inscription of Pallava King - Danti Varman dating (779-830); in effect Triplicane also has existed for more than 1200 years by now, if not more.

Triplicane houses some best historic educational institutions driving home the point of scholastic excellence for decades.  There is Presidency College (probably one of the first colleges in the province) There is – Hindu High School, Kellet High School, NK Thirumalachariar school for Boys & Girls, Lady Willington School to name a few.

Triplicane has made indelible impression in the annals of history of Tamilnadu.  It is remember for :

1)      the very famous Sri Parthaswami Temple which is also a major tourist attraction

2)      leading educational institutions as detailed above

3)      Vivekanandar Illam on the Marina, Chennai, built 160 years back, has a long and interesting history All have heard about Icehouse but clueless about its existence.  Well it is the same Vivekananda House.  Mr. Frederic Tudor, the 'Ice King', built three houses in Calcutta, Bombay and Chennai to keep ice under proper insulation so that it could be stored for months together After the invention of making ice by 'steam process' in India, his business collapsed.  Swami Vivekananda stayed here from February 6 to 14, 1897, and delivered seven electrifying lectures revealing his plan of campaign to restore India to her pristine glory.  Now this place is Swamiji’s memorial vividly recalling the glorious past.

4)      This was the seat of freedom struggle – Balagandhara Thilakar and very many patriotic leaders had delivered powerful lectures in Triplicane (Thilakar thidal at Marina beach)  and inspired people in the freedom struggle.

5)      Mahakavi Subrahmanya Bharathi lived in Triplicane and from this place freedom struggle germinated.

6)      Another jewel in the crown from Triplicane was Freedom fighter -  Theerar Sathyamoorthi, who represented Chennai and also was a Mayor

7)      The greatest names in the Indian Freedom struggle – Mahatma Gandhi visited and stayed in Triplicane.  The other side of the freedom struggle, the man who initiated military movement (INA) Nethaji Subash Chandra Bose also had visited Chennai

8)      The greatest Mathematician – Srinivasa Ramanujam lived in this great place.

9)      The patriarch of Tamil language – Shri U Ve Swaminatha Iyer taught at Presidency college and lived in Triplicane

10) The list is long and winding with names of famous inspirational people like – V M Kothai Nayaki (freedom fighter and writer), VM Krishnamachariyar (great Vaishnavaite scholar) & so many others…..

Triplicane has been in the fore front of Education and has offered valuable technical education right from early years.   Almost every street once had atleast a Typewriting Institute offering valuable training towards employment.

Triplicane has produced many eminent Lawyers, great Doctors, Teachers and more importantly very responsible citizens.  The adherence to rules and acting with responsibility are the very hall mark of the residents of Triplicane.

This constituency has been in existence ever since the first general elections were held.  Presently, it has a population of ………… and any redrawing is going to adversely affect the very geography and the well being of residents which comprises of multi lingual, multi religious, ethnic communities.  Every one is aware that the populace of  Triplicane comprises of Hindus, Christians, Muslims, Jains etc., and amongst them – Brahmins, Fisherman, Vanniyars, Chettiars and et al., all co-existing with peace and harmony

Unfortunately, places of historical importance have been under attack on various fronts  and irreplaceable, priceless assets lost to posterity.  Protecting heritage does not mean protecting monuments alone but also should reflect protecting historical and important places.

We, the residents of Triplicane appeal that this constituency should not be done away with in the name of delimiting and redrawing boundaries.  TRIPLICANE Constituency should remain forever in posterity.

PS : Draft representation made by me  in   May 2010  ~ presented by SYMA and various Organsiations of Triplicane to the Election Commission, protesting against the delimitation exercise merging the ‘Triplicane Constituency’ with Chepauk Constituency……… sadly, this too failed.

Tenali Rama katha and..... the man who swallowed 2 rings in Brisbane

Tenali Ramakrishna,  “Tenali Rama” is a great folk hero ~ traditionally reported to be a famous court poet ~  Ashtra dig gaja - one of the eight elephants of Telugu poetry ~ a famous court-jester of King Krishnadevaraya of the Vijayanagara Empire. There are many stories peppered with humour bringing out his wit, humour and intelligence. 

The King of course had beautiful palatial gardens ~ with rich variety of flowers and fruit bearing trees…. In that on one side lay the beautiful rose garden – the plants brought from a far off wonder land and raised specially for the King’s beloved wife.  It was guarded too…….

One day Tenali Raman’s son entered the garden without permission, picked up some flowers for his mother…. He was to repeat it again and again and one day was caught redhanded by the securitymen.  The son was being taken to the courtyard to be presented before the King and punished whence the convoy encountered Tenali Raman.

Tenali Raman could easily sense the impending punishment and grave situation that his son was in…. but smiling said ‘a person with good mouth will escape’…………. To those around, it appeared to be a word of advice to defend himself properly before the King.  The son understood it… started chewing the petals and before he could be taken to the King’s court had eaten all the flowers. 

At the Court, there was no evidence and the boy had to be freed …. A small story that we read in our school days…………… here is something read in Courier Mail Australia of date now…………

Down Under in Brisbane, Mark Watts allegedly posed as a customer then ran off with the rings, worth $59,000, at Crown Family Jewellers at Westfield Indooroopilly on Friday. Store manager Liljana McDonald set off in pursuit, screaming for help as she chased the thief through the packed shopping centre. Stunned shoppers pointed her in the direction of the thief, before workers cornered him in the back of a pharmacy.

the store manager who chased and caught..

However in a bid to conceal the evidence Watts allegedly took desperate measures - swallowing the one-carat diamond solitaire ring and 1.53-carat yellow diamond surrounded by 28 white diamonds. In a brief Brisbane Magistrates Court appearance on Saturday, Watts was refused bail until police could retrieve the rings.

The CC TV footage reportedly showed the man running from Crown Family Jewellers after allegedly stealing two diamond rings. "I think the second one would have been pretty difficult to swallow,'' Ms McDonald said yesterday. "Everyone says they're not going to be hanging around for that to come through.''

The drama started on Friday when a man dressed as a construction worker entered the store and said he wanted to propose to his girlfriend on the weekend. "He said he wanted to compare the two rings. The next minute he made a dash out the door,'' Ms McDonald said. "I just stood there stunned for one second. Then I thought, I'm not going to let him get away with it. So I ran out the store after him and I just screamed 'get him, get him'.''

An IT worker named Terry and a group of construction workers cornered him. "Terry  said  'he offered me two rings and I said I don't want them, then the next minute he swallowed them'.  Francesca Antonaglia-Monteverde, part of the family that owns the chain, said Christmas sales were a prime time for thieves. "But the thieves are going to get caught. They come face to face with the sales person, there's cameras in the store and all around the shopping centre, they'll track it back,'' she said. Watts was charged with stealing and fraud and was remanded in custody until his next court appearance on December 13.

With regards – S. Sampathkumar

2^nd Dec 2013.

Part of that ring story reproduced from : www.couriermail.com.au

Furnishing details of tenant to Police ~ offenders attract Sec 188 of IPC !!

Most of us are law-abiding and even small things shake us badly…. Do you know that you are likely to be penalized under Sec 188 of Indian Penal Code ? Do you know -   Thomas Babington Macaulay, 1st Baron Macaulay, PC (1800 – 1859) a British historian, an essayist and reviewer; who is likely to impact us now too ?!?

Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in British India during the early British Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay.

Many of us live in our own flats [some in own palatial houses !] ~ while some contrive to apply for loans and have another property – may be as a tax saving or as a means of investment …. ~ and leave that on rent … which sometimes may not cover the interest even !

Tenancy is the possession of land or property as a tenant; tenant refers to the occupier of such leasehold estate and a tenement in law - is anything that is held, rather than owned. This usage is a holdover from feudalism, which still forms the basis of all real-estate law in the English-speaking world, in which the monarch alone owned the title to all the land within his kingdom. Under feudalism, land itself was never privately "owned" but rather was "held" by a tenant (from Latin teneo "to hold") as a fee, being merely a legal right over land known in modern law as an estate in land.

Getting back to the reality of your second property on rent – do you know your tenant fully….especially in the wake of Puttur encounter and some hardcore terrorists of North East being arrested in the city.  Now the news is that the  City Police Commissioner Mr. George has ordered that the landlords living in the city limits should  furnish the details of their tenants so as to create a ‘tenant database’ which may come in handy to crack-down on criminals. George told the media that the landlords were requested to furnish the details of their tenants beginning December 1 with the respective police station limits. He also noted that the initiative taken by his predecessor JK Tripathy after the Velachery encounter will be implemented in full-scale. The database will be collated at police district levels at the respective Deputy Commissioner offices and the data will be pooled at a later stage into a common server either at the Intelligence Section (IS) or at Crime Records Bureau.

“The tenant enumeration was already in vogue in other metros including Delhi, Mumbai, and Kolkata and in even small cities like Pune,” he said. Recalling the recent incident of the arrest of terror suspects Panna Ismail and Bilal Malik, he noted that the duo along with ‘Police’ Fakrudeen were indulging in scrap business for about six months suppressing the fact that they were wanted by the police in two States. “The landlords can take in anyone as their tenants as they wish, but they will have to provide details of those tenants within 15 days once the tenant occupies the portion. There won’t be any interference of the police in terms of the selection of the tenant. However, the information passed on to the police station will be duly verified physically and those who are faking their previous place of stay won’t be able to evade the radar,” he said.

Last year, the Madras High Court granted interim injunction on petitions challenging the Police Commissioner's order, and slowly the move faded into oblivion. 

Now the Police has actively initiated this step of collection of data towards creating a database of tenants in Chennai. The city police began issuing tenant information forms to house owners from Sunday. Completed forms with tenant details, including a passport-sized photograph, should be submitted by owners at police stations within 60 days. The house owners can submit the completed forms in person or even send them through post or courier. The information collected will remain confidential, under the supervision of the deputy commissioner of the police district concerned,” the Police officer said.

House owners who rent property to tenants after the specified 60-day period can submit the forms 15 days after the rental agreement is processed. House owners who fail to submit the forms will face legal action under Section 188 (disobedience to order duly promulgated by public servant) of IPC, sources said.

Section 188 in The Indian Penal Code, 1860 : 188. Disobedience to order duly promulgated by public servant.-- Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management. disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both: and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgated such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

The forms are available both in Tamil and English – one can use the following links to download the forms:

http://www.tnpolice.gov.in/pdfs/Application_Form-English.pdf

http://www.tnpolice.gov.in/pdfs/Application_Form-Tamil.pdf

Don’t wait ….. act soon… you may need to fill this up, when you don't own a house .... but are occupier as a tenant too....... !!

With regards – S. Sampathkumar.

2^nd Dec 2013.