Its simple meaning is nothing, but Communist leaders are above all
'bourgeois laws'. Because they are fighting against Bourgeoisie! What a
great revolutionary idea! Long live revolution! Long live Lavlin model.


On 09/06/2009, damodar prasad <[email protected]> wrote:
>
> *Prevention of Corruption Act (PCA)- a Bourgieous enactment to save its
> crass compardor public leaders*I...........
>  mean the clause clause in PCA invoked on need for the governor's sanction
> for prosecution.
>
>
> On Tue, Jun 9, 2009 at 11:31 AM, damodar prasad 
> <[email protected]>wrote:
>
>> *But Rasheed, Is not the . *
>>  *I think by the way you were arguing about the necessity of CPs in
>> neo-liberal context in previous mails, you should've argued that CP leaders
>> should be above the bourgiuoes law of PCA....... clean and uncontaminated
>> *..
>>
>> Governors, of course are pawns in the hands of the central governemnt and
>> the CBI is no great independent instituion. But is it not desirable that
>> Communist Party leader and the CP institution as such should be above such
>> posts?
>>
>> I am afraid that the way CPM has managed Lavalin, since the formation of
>> this Govt., has in turn helped the reactionary forces.
>>
>> The stubborn stance of CPM has enabled the bourgeous parties reap the
>> dividends of its mis-managed strategy.
>>
>> ( I referrred to "formation of this Govt" bocz when Lavalin issue came up
>> last time, Com. secy has boldly said that he is ready to face any inquiry.
>> The boldness was missing later, :-) :-) :-) only to be found in the words
>> of English Desabhimani, I mean the Hindu editorial.)
>>
>> CPM has given an impression that something is severely rotten by the way
>> it handled the issue.
>>
>> The media syndicate must have done its duty but the stance of CPM as
>> regards non-compliance to judicial review only complicated the matter.
>>
>> As an enthusiast of CPM brand politics and observing politics above
>> factional self-ineterests, *you* should be more worrying about the
>> moral- voice of CPM at national level.
>>
>> The red card often held out by the CPM on corrupt practice and tainted
>> ministers will no longer be available.
>>
>> The argument of political fight on legal issues is not only avaliable to
>> CPM. Now this will echoed by anyone.. i mean all the "compradors"..
>>
>>
>>
>>
>>
>>
>>
>>
>> On Tue, Jun 9, 2009 at 10:24 AM, Abdul Rasheed <[email protected]>wrote:
>>
>>>
>>> *That does not mean that Governer is impartial. Sure, advocate General
>>> might have party interests. As one who have the right to criticize the AG,
>>> we can criticize the Governer too, since both of them are party nominees.
>>> *
>>> **
>>> *But here the Governer acted against the advise of ministry and the
>>> advise of AG. He may have the discreetional power to take such a dicision.
>>> By doing this, here he became the part of a political game.*
>>> **
>>> **
>>> *regards *
>>> *Rasheed *
>>>
>>>
>>>
>>> On Tue, Jun 9, 2009 at 5:02 AM, damodar prasad <[email protected]
>>> > wrote:
>>>
>>>> Since Advocate General is elected by the people, to think he will take a
>>>> partial decision is against the commonsense.
>>>> But never had I thought a post-modern situation would prevail amidst the
>>>> feudal factional struggle for Leninist Truth.
>>>> What more eveidence needed for a the arrival of political relativism, in
>>>> other words, Most-Modern!!
>>>>
>>>>
>>>> On Mon, Jun 8, 2009 at 7:11 PM, Abdul Rasheed <[email protected]>wrote:
>>>>
>>>>>
>>>>> *The Governer is the nominee of the ruling party in centre. To think
>>>>> that he will take a completely impartial dicisions will be a stupidity.
>>>>> *
>>>>> **
>>>>> *regards *
>>>>> *Rasheed *
>>>>>   **
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> On Mon, Jun 8, 2009 at 1:40 PM, sunil kumar 
>>>>> <[email protected]>wrote:
>>>>>
>>>>>>
>>>>>>
>>>>>> *Governor can sanction Minister's prosecution, says Supreme Court *
>>>>>>
>>>>>> By Our Legal Correspondent
>>>>>>
>>>>>>  NEW DELHI, NOV. 5. The Supreme Court today held that the Governor of
>>>>>> a State could independently accord sanction for prosecution of a 
>>>>>> Minister in
>>>>>> prevention of corruption cases without the "aid and advice" of the 
>>>>>> Council
>>>>>> of Ministers.
>>>>>>
>>>>>> A five-judge Constitution Bench, headed by Justice N. Santosh Hegde,
>>>>>> observed that "if on facts and circumstances of a case, the Governor 
>>>>>> cannot
>>>>>> act in his own discretion there would be a complete breakdown of the 
>>>>>> rule of
>>>>>> law inasmuch as it would then be open for Governments to refuse sanction 
>>>>>> in
>>>>>> spite of overwhelming material showing that a *prima facie* case is
>>>>>> made out."
>>>>>>
>>>>>> The Bench that included Justice S.N. Variava, Justice B.P. Singh,
>>>>>> Justice H.K. Sema and Justice S.B. Sinha said: "If, in cases where [a]
>>>>>> *prima facie* case is clearly made out, sanction to prosecute high
>>>>>> functionaries is refused or withheld, democracy itself will be at stake. 
>>>>>> It
>>>>>> would then lead to a situation where people in power may break the law 
>>>>>> with
>>>>>> impunity safe in the knowledge that they will not be prosecuted as the
>>>>>> requisite sanction will not be granted."
>>>>>>
>>>>>> The Bench gave this ruling while upholding sanction for prosecution
>>>>>> accorded by the then Madhya Pradesh Governor against two former 
>>>>>> Ministers,
>>>>>> Rajender Kumar Singh and Hisahu Ram Yadav. A case under the Prevention of
>>>>>> Corruption Act was registered against them in March 1998 on the basis of 
>>>>>> a
>>>>>> report from the Lok Ayukta.
>>>>>>
>>>>>> Sanction sought from the Council of Ministers for prosecuting the two
>>>>>> was rejected. The Council of Ministers held that there was not an iota of
>>>>>> material available against them for proceeding with the case. The 
>>>>>> Governor
>>>>>> then considered the matter and opined that a *prima facie* case was
>>>>>> made out for granting sanction and gave it under Section 197 of the 
>>>>>> Criminal
>>>>>> Procedure Code.
>>>>>>
>>>>>> The two Ministers challenged the Governor's decision in the High Court
>>>>>> and both a single Judge and then a Division Bench quashed the Governor's
>>>>>> order. The special leave petition by the Madhya Pradesh Special Police
>>>>>> Establishment was directed against this judgment.
>>>>>>
>>>>>>  **
>>>>>>
>>>>>> © Copyright 2000 - 2009 The Hindu
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>
>>>>>  >>>>>
>>>>>
>>>>>
>>>>

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