Tuesday, May 28, 2013

[rti4empowerment] Four undertrials die in police custody every day in India AND MORE ...

 
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[rti4empowerment] Fwd: [aloktholiya] AAM party can demand job quota for all families having less then Rs 1 lac income and not living in metros

 





 Kick and boot separatists
Akhilesh asks UPA to provide job quotas for Muslims
IANS India Private LimitedBy Indo Asian News Service | IANS India Private Limited – 10 hours ago

As everyone knows Akhilesh Yadav's family was sent to India as fugitive by Pakistan and due to Pak Support they have even become powerful politicians.

We have even seen violence / discomfort on reservations given for SC/ ST etc.. So such condemnable demand will create a great divide in India. It is time to rise against such a nefarious anti patriotic, divisive politics. If Akhilesh had asked for one  govt job for all such family following family planning and yet earning less then Rs 1 lac a year be it Hindu , Muslim, Sikh, Esai, Jain, Parsi , Budha, Zew etc then I will and all other sane persons will support such a human demand. But asking favours for one community ( on the eve of elections) is creating divide between them and others .  Then I too demand job quotas for Jains, Parsi, Sikhs, Jews, Christians, and others.
I think it is SOS time to rise before it is too late and Akhilesh does damage to already cast and communal based weak and stupid country. 
Next time this son of B….ch comes to Mumbai I will show a black color flag to him. I ask all those with even little sanity to do so and do not vote for such a selfish person willing to create divide between to major communities of this country which was already enslaved for over 1000 years by brutals ( who killed, converted, and even raped lacs of women)  due to unpatriotic dagabaz selfish like Akhilesh. 

Wake up and agitate against Akhilesh before it is too late...


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Posted By Blogger to aloktholiya at 5/28/2013 04:21:00 PM

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[rti4empowerment] Let us believe in laws

 

Let us believe in laws

It does really pain when one finds senior officers getting penalized from judicial and quasi-judicial forums. The last few says saw a very large number of senior UP Government officers being indicted severely by the Hon'ble High Court for their alleged contemptuous acts.

Today I saw one such case before me when in one of my matters the Chief Information Commission, Uttar Pradesh  Sri Ranjit Singh Pankaj ordered imposition of a penalty of Rs. 25,000 on a senior police officer, IG Karmik in the DGP Office.  The CIC ordered this penalty for alleged intentional denial of information to me despite repeated orders.

Actually I had sought certain information from DGP office about one of my poetry collection by the name "Atmadarsh". The matter went from the Public Information Officer to the First Appellate Authority to the Information Commission. When the information was not provided, on last date of hearing on 02 April, the CIC issued certain strict directions. 

Today during the course of the hearing, when the CIC found that the required information was not given, instead a reply giving certain alibi for not providing the information was presented, he ordered the imposition of this fine.

What hurts me is the fact that even we, the senior officers in the Government, seem to be violating laws, while we have ourselves been appointed for imposing law in the society. Again it hurts to know that many of the government servants don't seem to understand the RTI Act and its beneficiary effects. RTI Act is a simple act which has opened the vistas of governance to the common people and we must all honour its dictate instead of sulking over it. We must also understand the nuances of the RTI act in its fullness so as to be of assistance and support to common people.

The moment each government servant understands the fact that he is there to apply and executive laws and are not law unto themselves and they start having healthy attitude towards laws, including the RTI Act, many of the problems being faced by common masses presently will automatically evaporate in a jiffy.

The real Question is- "Will they?"



Lucknow
# 094155-34526

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Sunday, May 26, 2013

[rti4empowerment] How Dare One !

 

Friends,

When I and wife Nutan had filed a Writ Petition in Allahabad High Court, Lucknow Bench in May 2012 as regards section 79 of the IT Act and  Information Technology (Intermediaries guidelines) Rules 2011 where Rule 11 says that the intermediary shall publish on its website the name of the Grievance Officer and his contact details, we never knew there would be so
many twists and turns in the sory and so many unknown facts will come in open.


The latest fact in our knowledge came through the order of the Secretary of the Electronics and IT Department , Government of India.
It has an Annexure attached with it which us as regards the
meeting chaired by IT and Electronics Minister on 29 November 2012.
 
In the minutes of the Meetings at Annexure to the Secretary's order it is clearly written that all Internet Service Providers (ISPs) in India have
implemented the provisions of the IT Rules and have 
accordingly designated Grievance Officers. But the foreign ISPs are not complying with
the provisions
of the Rules.
 
In the meeting it also came to fore that while the foreign ISPs say designating Grievance officers is not practical and request that a particular 
email may be notified to enable grievances to be redressed,   
many a times this is also not being followed.
 
The minutes of the meetings talk of Department's Group Coordinate Dr Gulshan Rai mentioning that such a case of designating emails for posting 
grievances did not work in the recent past. The Government 
posted the grievances and the request for disabling such an information to Twitter.
However, there was
 no response from Twitter nor was any action taken on the requests made by the Government. Later it was admitted by
Twitter that they could not locate the said request made from the Government to the 
designated email account.
As a consumer and as a concerned person of this Nation, our endeavour is only to assist in getting rid of  this situation. At the same time, it looks 
rather strange to know that a Government Department could not 
enforce its writ and its own rules, that too from commercial organizations.
To me it seems that the reason
 for such a situation is not the company's extended will but the lack of appropriate will to ensure the law of the land.
The moment the law enforcing agencies decide not to allow any foreign company to violate 
the laws, no company will dare to do so. These
Service Providers are earning crores of rupees from this
country, they will never try to lose this market. Hence, it is time all the law enforcing agencies
understand
this fact in its totality.

Amitabh Thakur
Lucknow
# 094155-34526

http://amitabhandnutan.blogspot.in/2013/05/blog-post_25.html


http://amitabhandnutan.blogspot.in/2013/05/how-dare-one.html

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Saturday, May 25, 2013

[rti4empowerment] A true story from Australia (we don’t have idiots in India alone ………..)

 

Gas Bill……Hillarious…..
GAS BILL
Anything managed through bureaucracies!!!.
You will like this! ... And it is a true story!

(we don't have idiots in India alone ………..)

A man living in Kandos (near Mudgee in NSW, Australia ) received a bill for his as yet unused gas line stating that he owed $0.00.

He ignored it and threw it away. In April he received another bill and threw that one away too.

The following month the gas company sent him a very nasty note stating that they were going to cancel his gas line if he didn't send them $0.00 by return mail.

He called them, talked to them, and they said it was a computer error and they would take care of it.

The following month he decided that it was about time that he tried out the troublesome gas line figuring that if there was usage on the account it would put an end to this ridiculous predicament.

However, when he went to use the gas, it had been cut off.

He called the gas company who apologised for the computer error once again and said that they would take care of it. The next day he got a bill for $0.00 stating that payment was now overdue.

Assuming that having spoken to them the previous day the latest bill was yet another mistake, he ignored it, trusting that the company would be as good as their word and sort the problem out.

The next month he got a bill for $0.00. This bill also stated that he Had 10 days to pay his account or the company would have to take steps to recover the debt.

Finally, giving in, he thought he would beat the gas company at their own game and mailed them a cheque for $0.00. The computer duly processed his account and returned a statement to the effect that he now owed the gas company nothing at all.

A week later, the manager of the Mudgee branch of the Westpac Banking Corporation called our hapless friend and asked him what he was doing writing cheque for $0.00.

After a lengthy explanation the bank manager replied that the $0..00 cheque had caused their cheque processing software to fail. The bank could therefore not process ANY cheques they had received from ANY of their customers that day because the cheque for $0.00 had caused the computer to crash.

The following month the man received a letter from the gas company claiming that his cheque had bounced and that he now owed them $0.00 and unless he sent a cheque by return mail they would take immediate steps to recover the debt.

At this point, the man decided to file a debt harassment claim against the gas company. It took him nearly two hours to convince the clerks at the local courthouse that he was not joking.

They subsequently helped him in the drafting of statements which were considered substantive evidence of the aggravation and difficulties he had been forced to endure during this debacle.

The matter was heard in the Magistrate's Court in Mudgee and the outcome
was this:

The gas company was ordered to:

[1] Immediately rectify their computerised accounts system or Show cause, within 10 days, why the matter should not be referred to a higher court for consideration under Company Law.

[2] Pay the bank dishonour fees incurred by the man.

[3] Pay the bank dishonour fees incurred by all the Westpac clients whose cheques had been bounced on the day our friend's had been processed.

[4] Pay the claimant's court costs; and

[5] Pay the claimant a total of $1500 per month for the 5 month period March to July inclusive as compensation for the aggravation they had caused their client to suffer.

And all this over $0.00.

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[rti4empowerment] Fwd: [Our Health] No one tells you this except Alok : What I hv seen in life: On BP and Diabetes..

 



No one tells you this except Alok :   What I hv seen in life: 

BP is more amongst those who have unending needs, in reasonable expectations from life ( and specially others), who break laws very often and then live under fear, who try to show off everywhere ( even in social and spiritual organisations when they go they want best of car, best of seat, want to be with best of guest, want muni maharaj (Saints)   to acknowledge their presence, can enter in to fight and arguments easily if things are not as per their wishes, are perfectionists, are expecting quid pro quo ( specially those in govt jobs expected that if applicant is benefiting then they must get bribe to reasonable tune where as they are on that post to do that job without harassment and delay)  (many in social circle expect that if I gifted / threw party so other one  must) , So they are not doing their job for love, as duty, as moral responsibility but with lot of expectations ) which can not always be met and they become frustrated. .....develop this ... and u ll find why every 10 the person in India is having BP and or diabetes, but in social circles rid with show off and competition  every 1 person in 7 persons and those in police, municipal corporations and similar govt jobs 1 person in every 4 person will be found suffering with BP and Diabetes. 

Solutions: 
1. Enjoy outdoor picnics, ras garba, swimming, musical chair, disco, and similar events on Sundays ( on every first opportunity). Do not indulge in show off type groups, cards party, and other stressful sedentary games. 

2. Buy Books and CD's of good discourses, mantras, bansuri vadan , Osho dynamic mediation, Sufis, Kabir's dohe etc.. 

3. Never worry about your car ( rather prefer a walk/ auto sometimes purposely) 
4. Never worry about  home interiors, dressing sense ( like a hippy / saint be befikar) . Rather Jain muni and naga sadhus move around ....be be-hesitant and bindaas.

4. Where ever u r ( in informal times) laugh aloud, joke, sing and Lo dance if u get an opportunity. But even during office hours laugh silently or with friends while on lunch. 

5. Don't compare with others. 

6. feel happy that your friends and relatives are rich. They will not come asking for loan. 

7. Feel happy that they are rich so they will throw lavish party / marriage events and be slogging while u as a guest should enjoy that event. U never asked for it. They threw it to show off. Be it. But never unnecessarily find faults and spoil your and their fun. Just enjoy. 

8. Be humble. Sit in last row on purpose happily. Or need be even on floor. Do some lowly job happily. Remain unrecognized. Refuse to accept flowers, mementos etc or VIP seat in meetings as enough is enough and you do not want to pamper your ego any more. Wait in queue, wait for your turn on buffet dinner table even if u r Ambani/ Rahul/ Bush/ Amitabha. But do all that as a enlightened happy spiritual person and not to show off. See your blood pressure normalize. 

9. Cooperate humbly  with watchman, security check staff, parking lot staff, traffic police, gatekeeper on events, peon outside a cabin of a person you want to see etc etc who are doing their job in your interest or as per their bosses orders at lowest of salary and in worst work conditions ( most of them are sweating in afternoon heat in open) and do not boss over them. Understand them. Smile. Cooperate. So reduce ego ( VIP giri) and become sane ordinary person and see that your BP and Diabetes becomes normal. 

BP/ Diabetes = genetic, lifestyle, angry, egoist, selfish, dadagiri, perfectionist,ambitious, frustrated,jealous,in hurry, madly after name/ fame  / money. 

So be after happiness, aparigraha, humbleness, be smiling be sweet, be calm, patient, understand people  etc etc. 

Listen atleast once a month : Chadata Suraj dhire dhire dhalata hei .....

http://www.heart.org/HEARTORG/Conditions/HighBloodPressure/AboutHighBloodPressure/Understanding-Blood-Pressure-Readings_UCM_301764_Article.jsp



The myth of symptoms
There's a common misconception that people with high blood pressure, also called hypertension, will experience symptoms such as nervousness, sweating, difficulty sleeping or facial flushing. The truth is that HBP is largely a symptomless condition. If you ignore your blood pressure because you think symptoms will alert you to the problem, you are taking a dangerous chance with your life. Everybody needs to know their blood pressure numbers, and everyone needs to prevent high blood pressure from developing.

If I Have HBP Graphic Text
There are eight main ways you can control your blood pressure.
They are:
Adopting a healthy lifestyle is critical for the prevention of HBP and an indispensable part of managing it. Think of these changes as a "lifestyle prescription" and make every effort to comply with them.
Whether you have been diagnosed with high blood pressure, also called hypertension, or are concerned because you have some of the risk factors for the disease, understand this: while there is no cure, high blood pressure is manageable.
By adopting a heart-healthy lifestyle, you can:
  • Reduce high blood pressure
  • Prevent or delay the development of HBP
  • Enhance the effectiveness of blood pressure medications
  • Lower your risk of heart attack, heart disease, stroke and kidney disease
     
Here's how to do your part:
  • Be informed
    Of all people with high blood pressure, over 20 percent are unaware of their condition. This symptomless disease could leave them with substantial health consequences. Are you one of them? If you don't know, see a healthcare professional to be tested.
  • Do your part to reach your treatment goals
    Consider these statistics regarding those with known HBP:
    • 69.1 percent are under current treatment
    • 30.9 percent are not currently under treatment, even though they know their blood pressure is high
    There is no healthy level of high blood pressure. Don't take life-or-death chances with this disease. Instead, take responsibility! Work with your healthcare professional to determine your treatment goals and map out your best action plan for HBP prevention and management.

    Stay Physically Active Graphic Text

     
  • Change your life and reduce your risks
    Even if your blood pressure is normal (less than 120 mm Hg systolic AND less than 80 mm Hg diastolic) and your goal is prevention only, the lifestyle modifications provide a prescription for healthy living.

    If your resting blood pressure falls in the pre-hypertension range (systolic - top- number between 120 and 139 mm Hg OR diastolic - bottom - number between 80 and 89 mm Hg), your doctor will recommend lifestyle modifications.
    Lifestyle modifications are essential
    These changes may reduce your blood pressure without the use of prescription medications.
  • Take medication if it is prescribed for you
    If your blood pressure is 140/90 or higher, your doctor will likely prescribe medication in addition to lifestyle modifications. Follow your healthcare professional's recommendations carefully, even if it means taking medication every day for the rest of your life. High blood pressure is a lifelong disease, and by partnering with your healthcare team, you can successfully reach your treatment goals and enjoy the benefits of better health.Man Holding HBP Medication
    Once your treatment program becomes routine, maintaining a lower blood pressure is easier. Remind yourself that by managing your blood pressure, you are lowering your risk of heart attack, hearat failure, stroke, peripheral artery disease and kidney disease. Death rates from these diseases have decreased significantly, thanks in part to earlier and better treatment of HBP.
    Managing blood pressure is a lifelong commitment; make a pledge to do so starting today for yourself and for those you love. Listen to your doctor, read the sound medical information on this site, and act on the information to live a heart-healthier life.


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Posted By Blogger to Our Health at 5/24/2013 11:16:00 PM

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Wednesday, May 22, 2013

[rti4empowerment] राष्ट्रध्वज के अपमान को लेकर न्यायालय में दिया गया प्रार्थना पत्र:सुब्रत राय और सहारा परिवार के अफसरों पर कार्रवाई की मांग:मजिस्ट्रेट ने दो दिनों में तलब की आख्या

 

अदालत में दिए प्रार्थना पत्र में उर्वशी शर्मा का कहना है कि रमाबाई मैदान में गत छह मई को सहारा इंडिया परिवार द्वारा आयोजित भारत भावना दिवस में राष्ट्रध्वज का अपमान किया गया था। राष्ट्रगान समारोह में उपस्थित लोगों ने एक साथ राष्ट्रगान गाने का विश्व रिकार्ड तो बना लिया, लेकिन राष्ट्रगान गाने के कार्यक्रम के बाद राष्ट्रध्वज तिरंगे को पैरों तले रौंदा गया। जिसके चित्र समाचार पत्रों में भी प्रकाशित हुए थे। तिरंगे के इस सार्वजनिक अपमान के चित्र देखकर उर्वशी ने नौ मई को इस संबंध में सुब्रत राय एवं सहारा इंडिया परिवार के उत्तरदायी अधिकारियों एवं कार्मिकों के विरुद्ध राष्ट्रीय गौरव अपमान अधिनियम 1971 की धारा 2 के तहत प्रथम सूचना रिपोर्ट दर्ज कर कानूनी कार्यवाही के लिए एक प्रार्थना पत्र थाना तालकटोरा को दिया।

उर्वशी के अधिवक्ता त्रिभुवन कुमार गुप्ता ने बताया कि इस मामले में परिवाद रिपोर्ट का अवलोकन करने के बाद मजिस्ट्रेट ने मामले की जांच के लिए परिवाद को आशियाना थाने भेजने के आदेश के साथ दो दिनों में में आख्या तलब की है। मामले में अगली सुनवाई के लिए 23 मई निर्धारित किया गया है।

read full story at
http://upcpri.blogspot.in/2013/05/blog-post_21.html

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Saturday, May 18, 2013

[rti4empowerment] Let us take our laws seriously

 

Let us take our laws seriously


Rangeya Raghav was a prominent Hindi writer of the 20th century, who started writing at the age of 13 years, and during his short life of almost 40 years, he was endowed with a number of prizes. He was at the same time a novelist, a short story writer, an essayist, a critic, a dramatist, a poet, an historian and a reportage writer. He could possibly do all this in such a short time period because whatever he had to do, it was on his own and it did not involve one or more Government departments. Or otherwise, his situation might have become similar to that of the title of one of his famous novels Kab tak pukaroon (How Long Do I Call).

Rangeya Raghav had to think by himself and had the liberty to express and implement them on his own. Possibly the same would not have been the case with a public office which seem to be having their own methodologies and speed and rules of operation.

This is a fact that every such person who wants to deal with government mechanism and government machinery must learn by heart, more so when the person concerned is apparently involved in transforming the society through the appropriate use of government machinery.

I would try to elucidate this fact in some details through one of my personal experiences. The whole thing started last year when it came to my knowledge that the Information Technology Act related with better and more efficient control of Internet, Cyber world and the Computer world has section 79 in it which is as regards the Service Providers or the Intermediaries.

As per section 79 of the IT Act, Intermediaries, like Google, Yahoo, Facebook, My Space etc are not liable for third party information if they observe due diligence while discharging their duties. To make these provisions more specific, the Government of India through the powers vested in it by the IT Act formed the Information Technology (Intermediaries guidelines) Rules 2011.

Rule 3 of these Rules requires that the intermediary shall publish the rules, terms and conditions not to host or display grossly harmful, harassing, blasphemous defamatory, pornographic, paedophilic information. It also requires that if any an affected person makes a complaint, the Intermediary shall act within thirty six hours to disable such information. Rule 11 says that the intermediary shall publish on its website the name of the Grievance Officer and his contact details.

These rules are extremely useful for the common users. If the service providers make it clear what are the information which they cannot put on the website or transmit, it will act as a barrier for the common users. Similarly, it will be a big relief for Internet users as they will have a ready mechanism to present their grievances and to object to offensive materials which is presently lacking.

When we made some basic study in this direction, we found that these things are not being followed by the Intermediaries like Google, Yahoo, Facebook, My Space etc. To end this situation, we filed Writ Petition No 3489/2012 in Allahabad High Court, Lucknow Bench in May 2012. The High Court said that this is the age of Internet. Hence all the Rules related with Internet shall be strongly enforced. We argued the case ourselves while Ashok Nigam, Additional Solicitor General opposed the Writ petition saying that they had not made Yahoo, Google etc a party in this petition.

The bench of Justice Devi Prasad Singh and Justice Saeed Uz-zaman Siddiqui did not agree with the arguments of the State counsel and said that if the Government of India has framed any Rules, it shall get it properly enforced. The Court said that the petitioners had sent many representations to the Secretary, Ministry of Information Technology but no action was taken in this regards. Hence, the Court directed that since the matter is of wider public interest hence the Government of India shall ensure within three months that as per Rule 11, all the intermediary publish the name of the Grievance Officer and his contact details on their website. They also ordered the Secretary, Information Technology to intimate the petitioners about the action taken as regards their representation.

With this order, we had a feeling that the matter would end forever. The Government of India will ensure the compliance of the High Court order and with this some useful work for the common Internet users will get done.

But possibly this was only the beginning. I and Nutan sent a copy of the High Court order to the Government of India. To this the Electronics and IT Department sent us a letter that the order of the High Court had been intimated to all service providers and they had been directed to follow these orders in letter and spirit.

When nothing happened after a lapse of substantial period of time and the service providers did not follow the directions, Nutan filed a Contempt Petition in the High Court. The Court agreed with us only partially saying that since the Government of India had already given directions to the concerned persons to ensure the High Court orders, hence substantial compliance of the order would be presumed. Hence no contempt of the Court has been committed. But at the same time, the Court said that if the petitioner felt that there still remained anything to be done in regards to their original grievances, they may approach the competent forum.

Since most of the Service providers were still defying the Government rules, hence we filed another Writ Petition No 9359/2012 in the Allahabad High Court, Lucknow Bench. The Court ordered-"This writ petition has been filed on the same cause of action, which was adjudicated earlier and in support whereof Union of India is said to have made a statement to the effect that the order has been complied with.
However, it is also submitted that the statement has not yielded any result.
Thus, we deem it appropriate to dispose of the writ petition with liberty to place it before the Secretary, Department of Electronics and Information Technology, Ministry of Communication and IT, Government of India, CGO Complex, Lodhi Road, New Delhi as a fresh and comprehensive representation on behalf of the petitioner to honour the statement made in the Court. The representation by way of a copy of writ petition shall be disposed of within three months in the light of the aforesaid statement on behalf of Union of India."

When more than three months passed, Nutan filed the second contempt petition in this case. The bench of Justice Dr Satish Chandra issued contempt notice against the Electronics and IT Secretary directing him to comply with the order within 10 days. On the next date of hearing, Justice Sudhir Agarwal directed the Secretary to be present in person on the next sate of hearing.

Now we have received an order dated 17 May 2013 from the Electronics and IT Secretary. As per this order, on 12 June 2012 the Government directed all service providers to follow the High Court orders about compliance of Government Rules.
The same directions were issued in the meeting chaired by the Union Minister on 02 August in the light of the High Court order where the Service providers, Civil society members, Industry members etc were invited. I was also one of the invitee in this meeting. Again on 29 November 2012 the meeting of Cyber Regulation Advisory Committee (CRAC) was held under the Minister's Chairmanship where the High Court orders were also discussed. Many service providers presented their disagreement to Rule 11 saying that there was no concept of Grievance Officer in the international scenario but the Indian Government made it clear to them that they would have to abide by the High Court orders. The Department has also published the two High Court orders on its website.

Thus this order states that the Government has always been extremely alert towards the orders and has never flouted the High Court orders.

But the real issue to be seen in all this hullabaloo, dirt and dint is that even today, after so much efforts on our part and many High Court orders, a great majority of the Service Providers blatantly violate Rules 3 and 11 of the IT Regulations of 2011. This is the question I want to raise- Why is it that there are plethora of laws, Acts and Rules in our country but when it comes to their implementation, many ifs and buts start pouring in. Hence what possibly needs to be done is firstly to scrap all those laws which are either impractical or useless or counterproductive or amend them to that extent, but if there is some law then it must be complied with in its totality. The position- of there being some law and the law not being implemented, cannot be said to be in the interest of the Nation. It presents the entire Governance in a bad light, as if it stands in utter helplessness, something which many people like us, really dislike.

here is the Government of India order--


http://amitabhandnutan.blogspot.in/2013/05/government-of-india-order-in-our-writ.html


Amitabh Thakur
Lucknow
# 094155-34526

http://amitabhandnutan.blogspot.in/2013/05/let-us-take-our-laws-seriously.html


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