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AN OPEN LETTER
Published on August 12, 2006 By Themissociijuris In Politics
Dear Mr. Dilip Nair (Office Bearer, Power of Youth),
Every one is a ‘newcomer’ in his/her first venture—the only difference is that some of the newcomers have the benefit of Guidance, others not. You have had that benefit.

As far as the threat by Pune police is concerned, please note that:-

1) The Students’ Union of Engineering Colleges under the Pune University, went on a hunger strike at the University Campus in protest against certain provisions of the Examination Policy. The local police arrested the President of the said Union for the offence of ‘attempt to commit suicide’—I accompanied him to the police station and brought him back WITHOUT a scratch. Later on, I met the Vice-Chancellor, mediated in the students’ demands, and some of their reasonable demands were accepted by the University.

2) When I was the President of Pune University’s Students’ Union, the then Sr. Supdt of Police (SSP) had a tiff with us—I met the Police Commissioner and a Vigilance Inquiry was ordered against him. The Inquiry Officer was Mr. Roy (then Addl Commr in Pune, now Police Commissioner in Mumbai). The said SSP was found guilty, an adverse entry was made in his service dossiers and he was transferred out of Pune.

Please note that certain ‘permissions’ are not granted in writing—merely the formality of APPLYING for the same is gone through. If in response to your ‘Application for Permission’, you receive a written refusal, you have a remedy by way of an Appeal to the next higher authority or to the the prescribed Appellate Authority—prescribed under the Rules.
If there is no reply at all, then under certain statutes the permission is ‘deemed’ to have been granted after the lapse of certain time. At times, the mere intimation that you wish to take out a procession which will not cause any public nuisance, is sufficient—most of the religious processions or processions taken out by political parties do not have any written permission.

I had initially told you that from the point of view of the local Administration 15th August was not a convenient day for the event—that’s why I had hinted, in the ‘Letter for Permission’, too, that we do understood the difficulties of the police in this regard.

As for REGISTRATION of your Association, the process under the Societies Registration Act is very simple & expeditious—at least I, with my contacts, found it so.

With regard to funds for the Association, I am willing to contribute ‘shramdaan’. There are many Bollywood personalities who are facing criminal cases (viz. Salman, Saif’s father, Ms. Shilpa, etc). Please ask them to help you. You do not need much—just a little funds to maintain your website, hiring of a few buses for carrying the volunteers on such events, preparation of banners/play-cards etc.
In return, I shall provide these donors with my free consultation with regard to their pending cases—how much benefit they would reap can be assessed from the following summary, please:-

Within the past two years alone, I have obtained acquittal/release of 3 life-convicts in separate cases. In one of these matters, I did not have to even address the Hon’ble High Court orally.
In addition, I was instrumental in getting the Army Act, Air Force Act, Supreme Court Legal Service Committee’s rules/practices, Armed Forces Medical Officers’ Promotion Policy, Delhi Land & Development Office’s rules/practices etc etc amended/revised/ modified.
The entire complexion of Rahul Mahajan’s case and Mr. Vajpayee’s approach to it was also changed by my written suggestions.
Based upon the new legal concepts suggested by me in one of my published Articles, the ‘Ministers’ were treated as ‘public servants’ and brought under the ambit of the Prevention of Corruption Act. Similarly, upon the legal concept formulated vide another Article—copies of which were sent by me in advance to the Hon’ble Judges who were hearing Mr. Sanjay Dutt’s case, a favourable Judgment was passed by the Hon’ble Supreme Court and consequently he got his Bail.
I have also filed a PIL in Delhi High Court for creating a Central Pool of NET-qualified individuals--whom the AICTE will allocate to various private colleges so that these meritorious students get immediate employment at the UGC-approved rates of Pay & Allowances.
In a yet another case—although I was not directly involved in it as a Counsel, I supplied to the Delhi High Court the relevant rules & provisions from the ‘Regulations for the Armed Forces Medical Services’ and ‘Manual of Medical Examinations & Medical Boards’ to show that even those who were invalided out/boarded out of the Military Service on account of a psychiatric ailment (e.g. psychosis) were entitled to disability pension.
Another case has been filed by me in Delhi High Court for the grant of pro-rata pension to ORs (military jawans etc) whose family circumstances had forced them to leave service before completing their tenure—but after serving for 10 years.

Jai Hind

Prof. Gulshan Bajwa
Advocate-on-Record (Supreme Court of India)
Mobile: +919811880999
"Balaji-Themis Legal Consultants"

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