Tuesday, June 22, 2004
mody message 546 to Jago on 10-4-04
From: "rupambun"
Date: Sat Apr 10, 2004 3:20 pm
Subject: PROTECTING WHISTLEBLOWERS FOR EXPOSING FRAUDS
From: P Mody
EMAIL ID: modypan4@y...
Friends,
Subject: Indian Express front page article on 6-4-04 , How to protect
Dubeys? Get back in a week with your ideas: SC tells the Solicitor
General.
http://www.indianexpress.com/full story.php?content_id=44515
1. This is in reference to above front page article in Indian
Express on 6-4-04 for protecting whistleblowers and Supreme court
inviting suggestions within a week from 5th April . Similar article
has appeared in Times of India, The Hindu. The Asian Age, The Free
Press Journal , etc..
2. I am writing this letter in view of my telegram to CJI on 7-3-
04 seeking protection and justice in view of my act of whistle
blowing to expose banking fraud as well as corruption in the income
tax department and harassment from the department for using methods
of coercion to collect taxes so as to silence me. You can view the
text of telegram vide my posting 1986 and the same came be viewed on
my site http://blogs.sify.com/mody04 .I earnestly request all of you
to have look at this site so that one can get glimpse of background
including the letter addressed to the President of India and various
articles that appeared in news papers so as to
get a proper perspective on the issues and need for urgency as well
as bias for
action.
3. I would narrate the functioning of the people in power by a
classic famous story :-
Who is accountable and responsible ?
Ø This is a story about four people named EVERYBODY, SOMEBODY,
ANYBODY and NOBODY.
Ø There was an important job to be done and EVERYBODY was sure
that SOMEBODY would do it.
Ø ANYBODY could have done it , but NOBODY did it.
Ø SOMEBODY got angry about this, because it was EVERYBODY'S
job.
Ø EVERYBODY thought could do it, but NOBODY realized that
EVERYBODY would not do it.
Ø It ended up that EVERYBODY blamed SOMEBODY when NOBODY did
what ANYBODY could have done!!!
4. Nothing is more important than taking initiative, integrity,
commitment , reliability and owning up responsibility. This is what
is expected of leaders and people holding powerful positions.
5. I do not have any means to ascertain whether my telegram and
letter has reached to the desk of the Honorable Chief Justice of
India , Shri V.N.Khare and has been read by him. When telegram was
sent one month back it has to be treated as SOS signal and also to
draw personal attention. The only conclusion I can draw is that
whistleblowers are not going to be respected and protected even by
the Supreme Court and the responsibility is going to be passed on to
others.
.
6. I feel under the circumstances that only media can draw the
attention of the CJI , that such telegram was sent and there is need
for urgent action.
7. No laws can ever be effective , unless there is true
longing to protect and provide true justice. I have experienced that
the judiciary in Gujarat High Court do not listen to the
whistleblowers even when one is trying to send the message across
directly because influential advocates shield the bank robbers and
even the advocates are protected by the Bar Councils and the
chartered accountants are are protected by the Institute of
Chartered Accountants and the large tax evaders are protected by the
Income tax department, while the senior tax officials are protected
by toothless Central Vigilance Commission and in the process ,
whistleblower like me is harassed by being subjected for police
remand facing criminal cases and the income tax department use
methods of coercion to levy taxes without giving justification and
causing disruption in personal life.
8. The way judges in Gujarat High Court passes orders is
discussed in front page article in Indian Express on 03-04-04 titled
as " Accused of fudging, Gujarat govt says don't ask till
polls"
URL: http://www.indianexpress.com/full_story.php?content_id=44324
· Salve commented that Justice of the Gujarat High Court
granted bail stating " The parties do not press for reasoned
order.
Considering the submissions made on behalf of the parties, and having
regard to the facts and circumstances of the case, the bail
application is allowed and applicants are ordered to be released on
bail."
· Any common citizen would expect reasoned orders even when it
is not pressed by the parties and would expect that the facts and
circumstances are narrated in detail by the justice so that one can
understand that the justice has comprehended and covered all the
issues instead of summarily referring "having regard to the facts
and
circumstances of the case" and the justice is expected to insist
various affidavits from the parties concerned.
· This is how the guilty ones get away and this has been my
personal experience when I appeared in the Gujarat High Court as
party in person. The justice passed summary orders Heard. No grounds
for interference is made out. Hence dismissed . The justice does not
insist for written affidavits from the defendants nor do they ask any
question nor do they narrate what they have comprehended and the
judges behave irresponsibly with a view to save great bank robbers
and the advocates who are hand in glove to bury the facts. Can any
one expect true justice and protection to whistleblowers who expose
bank frauds , tax evasion ,scandals, corruption, etc.
· There is also Indian Express editorial on Bad Counsel which
appeared on 5-4-04 which indicates seriousness. A similar editorial
on Judiciary has also appeared in Time of India too. I shall try to
put additional relevant articles on my site.
9. One is already familiar with various laws passed from time
to time by the government but its efficacy gets nullified on account
of inefficient and ineffective, blind , non receptive judiciary
to expose the large mischief makers for the reasons best known to
them.
10. There has to be intense, focused ,loud, persistent dialogue
preferably before the elections where by the people in power lose
their sleep. One can draw insight from water can evaporate only when
the temperature reaches 100degrees centigrade and as long as such
temperature is not reached , the desired results are not going to be
achieved. All of us have to become like mosquitoes constantly
buzzing their ears so that they lose sleep and their feel good factor
has to be converted into a situation so that having position of
power and authority is not going to remain a bed of roses but bed
of thorns..
11. All of us can take hint from Kal Kare So AAJ Kar, Aaj kare So
Aab, Pal Pal Avsar Jaat Hai , Fir Karego Kab? I most humbly urge all
the friends to take initiative to refer the contents of my telegram
to the CJI to various news papers so as to move and shake the
President and the judiciary . I know that I am facing grave risk
for my self and in the process of I might be consumed. . This is the
most opportune time to obtain radical transformation.
12. My special circumstances of saving my family has forced me
to take attitude and position of a man getting into the arena and
face all risks and I have given up any possibility of protection
from the Government of India including the President of India and the
Chief Justice of Supreme Court of India. As I have not received any
response from them. Only public figures enjoy the facility of
protection. This is stark reality. Even thousands of whistleblowers
like Dubeys blow a whistle and sacrifice their lives- there is no
possibility of expecting real empathy.
13. I have surrendered to God and mentally decided to accept all
the consequences. It is for this reason that I need your support
that the challenges and my fight reaches the corridors of power. None
of you would get bruised. It is I who would get bruised , if at all.
So that once and for all fixing of the accountability and
responsibility issue of protecting the other whistleblowers get
finalized while even the connected bureaucrats, advocates and
members of judiciary do not get spared. It is possible that the Chief
Justice of Supreme Court and the President of India are genuinely
concerned but as they do not have personal live experience that they
do not understand how to tackle the issue. I am willing to share my
experiences for formulating a proper strategy for protecting
whistleblowers. The only snag is that I can do it in Ahmedabad and
not In Delhi because I do not have financial resources left even to
fight my own case.
14. May I urge you all friends , that as the Supreme court has
called for ways and means of protecting the whistleblowers in a
week from April 5th , the exposure of telegram sent by me requires
your urgent action. I feel that exposing the contents of my telegram
to CJI on 7-3-04 in media in context of the story narrated above ,
one needs to review whether the judiciary really wants to protect the
lives of Whistleblowers and expose the guilty I have given up any
expectation from the government to protect the lives of whistleblower
like me but I would like to play a effective role so that other
whistleblowers do not get scared of blowing a whistle . Transparency
is my only safety so that I do not get strangulated my people in
power. I have already had taste of five day police remand as well as
means of coercion used by the income tax department to recover taxes
from my family without proper explanation and as to how the
judiciary functions for people who do not have resources to fight the
giant bank robbers . The best thing is to embrace vulnerability out
in open. All I need is your active support to blow a whistle to
media by writing to all the news papers such as Indian Express,
Times of India, Free Press Journal, The Asian Age, The Hindu where
the above referred article for protecting whistleblowers have come. I
feel that no law would be effective unless the judiciary , the
President Of India, the Finance Ministry, The members of Parliament ,
Central Vigilance Commission are made accountable and responsible
too. Please refer my site http://blogs.sify.com/mody04. I would
continue placing connected information. Please offer your comments.
15. Gibran has presented wisdom in The Prophet commenting on
Laws. He says, You delight laying down laws, Yet you delight more in
breaking them. Like children playing the ocean who build sand towers
with constancy and then destroy them. with laughter …."
16. As a concluding remark, for making the people in power
accountable and responsible refer this matter as well as story to
media as well as the President of India so as to create deep impact
to change the way the bureaucracy functions. This is just a live
example.
Thanking you.
Yours sincerely,
P Mody
Dated 10-4-04.Place: ahmedabad
Date: Sat Apr 10, 2004 3:20 pm
Subject: PROTECTING WHISTLEBLOWERS FOR EXPOSING FRAUDS
From: P Mody
EMAIL ID: modypan4@y...
Friends,
Subject: Indian Express front page article on 6-4-04 , How to protect
Dubeys? Get back in a week with your ideas: SC tells the Solicitor
General.
http://www.indianexpress.com/full story.php?content_id=44515
1. This is in reference to above front page article in Indian
Express on 6-4-04 for protecting whistleblowers and Supreme court
inviting suggestions within a week from 5th April . Similar article
has appeared in Times of India, The Hindu. The Asian Age, The Free
Press Journal , etc..
2. I am writing this letter in view of my telegram to CJI on 7-3-
04 seeking protection and justice in view of my act of whistle
blowing to expose banking fraud as well as corruption in the income
tax department and harassment from the department for using methods
of coercion to collect taxes so as to silence me. You can view the
text of telegram vide my posting 1986 and the same came be viewed on
my site http://blogs.sify.com/mody04 .I earnestly request all of you
to have look at this site so that one can get glimpse of background
including the letter addressed to the President of India and various
articles that appeared in news papers so as to
get a proper perspective on the issues and need for urgency as well
as bias for
action.
3. I would narrate the functioning of the people in power by a
classic famous story :-
Who is accountable and responsible ?
Ø This is a story about four people named EVERYBODY, SOMEBODY,
ANYBODY and NOBODY.
Ø There was an important job to be done and EVERYBODY was sure
that SOMEBODY would do it.
Ø ANYBODY could have done it , but NOBODY did it.
Ø SOMEBODY got angry about this, because it was EVERYBODY'S
job.
Ø EVERYBODY thought could do it, but NOBODY realized that
EVERYBODY would not do it.
Ø It ended up that EVERYBODY blamed SOMEBODY when NOBODY did
what ANYBODY could have done!!!
4. Nothing is more important than taking initiative, integrity,
commitment , reliability and owning up responsibility. This is what
is expected of leaders and people holding powerful positions.
5. I do not have any means to ascertain whether my telegram and
letter has reached to the desk of the Honorable Chief Justice of
India , Shri V.N.Khare and has been read by him. When telegram was
sent one month back it has to be treated as SOS signal and also to
draw personal attention. The only conclusion I can draw is that
whistleblowers are not going to be respected and protected even by
the Supreme Court and the responsibility is going to be passed on to
others.
.
6. I feel under the circumstances that only media can draw the
attention of the CJI , that such telegram was sent and there is need
for urgent action.
7. No laws can ever be effective , unless there is true
longing to protect and provide true justice. I have experienced that
the judiciary in Gujarat High Court do not listen to the
whistleblowers even when one is trying to send the message across
directly because influential advocates shield the bank robbers and
even the advocates are protected by the Bar Councils and the
chartered accountants are are protected by the Institute of
Chartered Accountants and the large tax evaders are protected by the
Income tax department, while the senior tax officials are protected
by toothless Central Vigilance Commission and in the process ,
whistleblower like me is harassed by being subjected for police
remand facing criminal cases and the income tax department use
methods of coercion to levy taxes without giving justification and
causing disruption in personal life.
8. The way judges in Gujarat High Court passes orders is
discussed in front page article in Indian Express on 03-04-04 titled
as " Accused of fudging, Gujarat govt says don't ask till
polls"
URL: http://www.indianexpress.com/full_story.php?content_id=44324
· Salve commented that Justice of the Gujarat High Court
granted bail stating " The parties do not press for reasoned
order.
Considering the submissions made on behalf of the parties, and having
regard to the facts and circumstances of the case, the bail
application is allowed and applicants are ordered to be released on
bail."
· Any common citizen would expect reasoned orders even when it
is not pressed by the parties and would expect that the facts and
circumstances are narrated in detail by the justice so that one can
understand that the justice has comprehended and covered all the
issues instead of summarily referring "having regard to the facts
and
circumstances of the case" and the justice is expected to insist
various affidavits from the parties concerned.
· This is how the guilty ones get away and this has been my
personal experience when I appeared in the Gujarat High Court as
party in person. The justice passed summary orders Heard. No grounds
for interference is made out. Hence dismissed . The justice does not
insist for written affidavits from the defendants nor do they ask any
question nor do they narrate what they have comprehended and the
judges behave irresponsibly with a view to save great bank robbers
and the advocates who are hand in glove to bury the facts. Can any
one expect true justice and protection to whistleblowers who expose
bank frauds , tax evasion ,scandals, corruption, etc.
· There is also Indian Express editorial on Bad Counsel which
appeared on 5-4-04 which indicates seriousness. A similar editorial
on Judiciary has also appeared in Time of India too. I shall try to
put additional relevant articles on my site.
9. One is already familiar with various laws passed from time
to time by the government but its efficacy gets nullified on account
of inefficient and ineffective, blind , non receptive judiciary
to expose the large mischief makers for the reasons best known to
them.
10. There has to be intense, focused ,loud, persistent dialogue
preferably before the elections where by the people in power lose
their sleep. One can draw insight from water can evaporate only when
the temperature reaches 100degrees centigrade and as long as such
temperature is not reached , the desired results are not going to be
achieved. All of us have to become like mosquitoes constantly
buzzing their ears so that they lose sleep and their feel good factor
has to be converted into a situation so that having position of
power and authority is not going to remain a bed of roses but bed
of thorns..
11. All of us can take hint from Kal Kare So AAJ Kar, Aaj kare So
Aab, Pal Pal Avsar Jaat Hai , Fir Karego Kab? I most humbly urge all
the friends to take initiative to refer the contents of my telegram
to the CJI to various news papers so as to move and shake the
President and the judiciary . I know that I am facing grave risk
for my self and in the process of I might be consumed. . This is the
most opportune time to obtain radical transformation.
12. My special circumstances of saving my family has forced me
to take attitude and position of a man getting into the arena and
face all risks and I have given up any possibility of protection
from the Government of India including the President of India and the
Chief Justice of Supreme Court of India. As I have not received any
response from them. Only public figures enjoy the facility of
protection. This is stark reality. Even thousands of whistleblowers
like Dubeys blow a whistle and sacrifice their lives- there is no
possibility of expecting real empathy.
13. I have surrendered to God and mentally decided to accept all
the consequences. It is for this reason that I need your support
that the challenges and my fight reaches the corridors of power. None
of you would get bruised. It is I who would get bruised , if at all.
So that once and for all fixing of the accountability and
responsibility issue of protecting the other whistleblowers get
finalized while even the connected bureaucrats, advocates and
members of judiciary do not get spared. It is possible that the Chief
Justice of Supreme Court and the President of India are genuinely
concerned but as they do not have personal live experience that they
do not understand how to tackle the issue. I am willing to share my
experiences for formulating a proper strategy for protecting
whistleblowers. The only snag is that I can do it in Ahmedabad and
not In Delhi because I do not have financial resources left even to
fight my own case.
14. May I urge you all friends , that as the Supreme court has
called for ways and means of protecting the whistleblowers in a
week from April 5th , the exposure of telegram sent by me requires
your urgent action. I feel that exposing the contents of my telegram
to CJI on 7-3-04 in media in context of the story narrated above ,
one needs to review whether the judiciary really wants to protect the
lives of Whistleblowers and expose the guilty I have given up any
expectation from the government to protect the lives of whistleblower
like me but I would like to play a effective role so that other
whistleblowers do not get scared of blowing a whistle . Transparency
is my only safety so that I do not get strangulated my people in
power. I have already had taste of five day police remand as well as
means of coercion used by the income tax department to recover taxes
from my family without proper explanation and as to how the
judiciary functions for people who do not have resources to fight the
giant bank robbers . The best thing is to embrace vulnerability out
in open. All I need is your active support to blow a whistle to
media by writing to all the news papers such as Indian Express,
Times of India, Free Press Journal, The Asian Age, The Hindu where
the above referred article for protecting whistleblowers have come. I
feel that no law would be effective unless the judiciary , the
President Of India, the Finance Ministry, The members of Parliament ,
Central Vigilance Commission are made accountable and responsible
too. Please refer my site http://blogs.sify.com/mody04. I would
continue placing connected information. Please offer your comments.
15. Gibran has presented wisdom in The Prophet commenting on
Laws. He says, You delight laying down laws, Yet you delight more in
breaking them. Like children playing the ocean who build sand towers
with constancy and then destroy them. with laughter …."
16. As a concluding remark, for making the people in power
accountable and responsible refer this matter as well as story to
media as well as the President of India so as to create deep impact
to change the way the bureaucracy functions. This is just a live
example.
Thanking you.
Yours sincerely,
P Mody
Dated 10-4-04.Place: ahmedabad
