Archive | November 2012

Eliminate Mismanagement To Raise Bottomline: Security Gurus – By Mukesh Jhangiani

                                                                                                          September 10, 2006

Ramalinga Raju, Founder and Chairman, Satyam C...

Satyam Computer Services founder & ex-chairman B Ramalinga Raju (Photo: Wikipedia)

Eliminate Mismanagement To Raise Bottomline: Security Gurus

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Posting guards at gates is no longer sufficient security– businesses must be protected from within, two award-winning Indian security professionals say.

Wrong managers, wrong human resource policies and neglect of fire, pilferage and other risks were among factors cited by Kunwar Vikram Singh and Ravinder Kishore Sinha as causes of losses companies incur.
Singh and fellow security professionals assembled this week to felicitate Sinha, who was honoured last month by Security Association of Singapore for having promoted ”globally” the concept of ‘Total Loss Control’.
A few days ago, Singh was reported to have been honoured by the World Association of Detectives at Tokyo, Japan for having caught in New Delhi a man wanted by Interpol for a multi-million dollar fraud in Singapore. He is president of a Central Association of Private Security Industry.
Sinha, the executive chairman of an International Institute of Security and Safety Management, acknowledged that the TLC concept drew on an old wisdom: A penny saved is a penny earned.
He recalled how the Steel Authority of India once turned down a Rupees five crore security package proposed by an executive because it did not want to reduce the bottom line.
But SAIL changed its mind once it was explained how the expense would pay for itself many times over and add to the bottom line through savings.
In India, security affairs are still largely identified with the notion of ‘chowkidari,’ Sinha said, adding that it involved in fact a lot more.
Sinha remarked that managements have hitherto been skeptical about such measures, but new laws in the air are changing that.
They include Private Security Agencies (Regulation) Act 2005 and a Bill in the works to regulate private investigation industry.
He said securitymen were traditionally hired to guard businesses against outsider threats– whereas threats lurk within. ”Sources of losses are sitting well within an organisation.”
He pointed to the enormous risks that companies run, for instance, not taking care of fire hazards — as three per cent of India’s Gross Domestic Product goes up in smoke every year.
He said businesses– even the best of business schools– often define profit as total revenue minus total expenditure, but overlook ”unnecessary costs, elimination of which adds to the bottom line or profit.”
Singh cited a multinational he did not name, some of whose senior officials hired unqualified kin and engaged in other questionable practices. ”Once we made our report, the needful was done.”
Sinha and Singh said besides mismanagement and corrupt practices, such costs arise from inadequate security and safety, workplace waste, drug abuse, and can be cut down by taking preventive and reactive steps involving investigation and intelligence work.
In reply to questions, Sinha said corruption at various levels was a growing threat, but it could only be countered when the top management took interest.
Asked if employees seeking to legally oppose such goings-on could hire their services, Sinha replied: ”We assist anyone with a legitimate stake, and employees are stakeholders.”
Sinha said the idea was to identify all kinds of sources of losses and ”develop an integrated counter-measure.”
Sinha said every organisation had essentially two kinds of energies or forces at work– positive and negative. The latter must be checked to turn things around.
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Jana To Industry: Change Must Promote National Interests – By Mukesh Jhangiani

Portrait of Jana Krishnamurthi

K Jana Krishnamurthi (Photo: Wikipedia)

                                                                                                             September 6, 2002

Jana To Industry: Change Must Promote National Interests

By Mukesh Jhangiani
United News of India
New Delhi (UNI) – Industry Representatives seeking an overhaul of labour and other laws were impressed upon by Law and Justice Minister K Jana Krishnamurthi today that ”the change must not only benefit you, but also promote the national interests.”

Opening a conference on legal reforms sponsored by the Federation of Indian Chambers of Commerce and Industry and the Bar Association of India, Mr Krishnamurthi told the hosts his Government ”will welcome any suggestions from you for any change in law.”

But the Minister underscored that ”one factor which has to be kept in mind is that while recommending a change in provisions of law governing the field which FICCI represents… a ground rule must be observed– the change must not only benefit you, but also promote the national interests.”

A discussion paper prepared for the ‘National Conference on Legal and Judicial Reforms– the Bird’s Eyeview on Balancesheet and Projections’ argued for scrapping the Essential Commodities Act, overhauling labour laws and spelling out ”as early as possible” an exit policy– a euphemism for provisions for industry to fire employees it no longer considers needed.

The paper also questioned the practice of the nation’s biggest litigant– the Government– just ”sitting pretty” when it came to implementing judgements or simply filing appeals.

Mr Krishnamurthi dwelt at length on the ancient concept of Dharma which sets individuals in a range of groupings such as family, community, region, period, profession, nation, universe and so on.

”All these are arranged in such a way that one does not come in conflict with the other, but each is in harmony with the other. If there is a conflict, then a wider Dharma takes precedence,” he said.

The Law and Justice Minister stressed that ”the modern law must also a take a cue from this ancient concept of ours.”

He acknowledged that industry, commerce and trade must have their own laws to promote growth of these sectors, but cautioned that ”care will have to be taken to see that these laws, which promote the interests and advancement of these groups, do not come in conflict with the laws intended for promotion of good and advancement of other groups in the society or the society as a whole.”

He made it clear that ”group interest must yield to the interest of the nation as a whole.”

Thanking the Minister for his remarks, FICCI President Rajendra S Lodha said the tone for the Federation’s functioning was set by Mahatma Gandhi some seven decades ago in terms of the concept of trusteeship, from which the organisation had not deviated ”too much.”

Earlier, Krishnamurthi spoke of applying information technology in courts to substantively solve the problem of as many as 24 million pending cases in various subordinate and higher courts across India.

He emphasised designing a judicial database which would facilitate this process by providing such data as the number of cases filed daily under criminal or civil heads, the section of the Act under which cause of action is invoked or advocates appearing for the parties.

He said non-utilisation of judges who retire after the age of 60 or 62 years was a colossal waste, especially when there are some 1800 vacancies in subordinate courts for want of suitable candidates and suggested involving them in arbitration sort of alternative mechanisms of resolving disputes.

He also underscored the need for a National Judicial Commission empowered for selecting judges of High Courts and Supreme Court.

The Minister told participants about Fast Track Courts aimed at reducing the number of pending criminal cases, especially those relating to undertrials long in prison and said he firmly believed that “any citizen of India should not be deprived of his freedom more than a minute than the law requires.”

Currently, more than 200,000 undertrials languish in custody pending adjudication, costing the exchequer Rs 430 crore annually for maintenance of remand prisoners alone, the conference was told.

Mr Krishnamurthi also spoke of setting up Law Schools along the lines of Indian Institutes of Technology and Management, which have become world famous brand names by virtue of the quality of graduates they have produced over decades.

In his welcome address, Mr Lodha called for new enactments to keep pace with changes in such areas as Taxation Laws, Company Law, Labour Legislation, Standards of Weight and Measures (Packaged Commodities) Rules, 1977.

Mr Lodha suggested consulting the Law Ministry before filing an appeal, taking multi-pronged corrective actions to overcome delays, encouraging entrusting judicial work to administrative or quasi judicial tribunals and referring more cases to arbitration.

Bar Association President F S Nariman stressed need for judges to push cases towards speedy conclusion and suggested setting up Supreme Court benches in various zones and hiring judges who retire at 61 or 62 as ad-hoc judges in the high courts.

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Don’t Tempt Citizen To Take Law Into His Hand: Prez – By Mukesh Jhangiani

                                                                                                               February 23, 2008

English: President of India

President Pratibha Patil (Photo: Wikipedia)

Don’t Tempt Citizen To Take Law Into His Hand: Prez

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Stressing the need for ”incorruptible justice,” President Pratibha Patil today cautioned against tempting the common man ”to take law into his own hand.”

”We cannot allow a situation where the common man is tempted to take law into his own hand and subscribe to the deviant culture of the lynch mob,” she said inaugurating a conference on Judicial Reforms.
She was emphatic that ”the formal adjudicatory machinery has to reign supreme.”
Noting that India’s judicial administration is not without ”blemishes,” Mrs Patil stressed the need to ”introspect whether our judicial machinery has lived up to” expectations.
She asked her audience, made up mostly of judges and lawyers, not to be ”touchy” and face issues squarely.
”Time has come when we as stakeholders, without being unduly touchy and sensitive to criticism… collectively introspect the causes of the ills of judicial administration and find solutions squarely,” she said.
The event presided over by India’s Chief Justice K G Balakrishnan was addressed among others by Law and Justice Minister Hans Raj Bhardwaj and Bar Council of India chairman Gopakumaran Nair.
The two-day conference organised by a Confedration of Indian Bar to discuss the ”disquieting” delay in delivery of justice has more than half of Supreme Court judges listed among speakers.
India’s justice system has in recent years been a focus of much public debate and comment over such concerns as delays, huge backlogs, shortage of judges, unending judicial vacancies and opacity, especially in the area of judicial hiring and accountability.
Alluding presumably to numerous conferences and seminars on reforming the justice system that appear to get nowhere, President Patil remarked: ”We talk incessantly about delays.”
”But now the time has arrived to launch a crusade against the scourge of arrears. Both the Bar and the Bench as equal partners in the administration of justice must address themselves to this problem.”
”Admittedly,” the President went on, ”the realm of judicial administration is not without its own share of inadequacies and blemishes.
”Time has come when we need to seriously introspect whether our judicial machinery has lived up to its expectations of walking the enlightened way by securing complete justice to all and standing out as the beacon of truth, faith and hope.”
Touching on a key issue, Mrs Patil said, ”case disposals are excruciatingly time consuming. This agonising delay has rendered the common man’s knock on the doors of justice a frustrating experience.
The issue of delay in courts has been debated for decades, without much avail. Experts believe lawmakers must take an initiative to sharpen laws and make them truly deterrent.
Mrs Patil called for making legal procedures ”simple, streamlined, rational, easily understandable and commonsensical.”
She reminded members of her erstwhile tribe that lawyers were trustees of justice and ”must set high standards of probity and rectitude.”
On another key area, she said citizens’ access to law ”remains limited due to prohibitive costs of quality legal advice. It is commonplace to hear that law has become the luxury of the rich.
”Legal aid can go a long way in helping the indigents secure justice,” she said adding that the present system ”needs to be improved.”
She reminded that alternative dispute resolution mechanisms need to be encouraged, but ”cannot aspire to substitute the formal courts.”
She said she recently came across the Karnataka High Court’s Bangalore Mediation Centre where 86 mediators had settled more than 1,000 cases in a year, taking an average 131 minutes per case– which ”is worthy of emulation.”
Justice Balakrishnan concurred that Judicial Reforms was a subject ”so much of talked about but too little done.”
Balakrishnan said India had a nationwide network of more than 14,000 courts– about 12,500 judge working strength– dealing with 40 million cases.
He said each judge handled on an average nearly 4,000 cases, which ”is too high as compared to the average load per-Judge in other countries.”
He acknowledged that ”the general impression of the people is that a large number of cases are being delayed and, if any case is filed, it would take years to get a relief.
”This impression about the performance of Indian Judiciary is not fully correct,” Justice Balakrishnan asserted, but went on to acknowledge that some 60 per cent cases were more than a year old.
He said 90 per cent of delayed cases were pending in subordinate courts.
He suggested setting up a national planning and management system for administration of justice and added that the Bhopal-based National Judicial Academy was preparing a case management system to avoid delays.
He also suggested:
— Legislative reform to remove the bottlenecks that adversely affect adjudication;
— Strengthening the Bar;
— Strengthening legal education;
— Legislative reform to strengthen judges’ powers to control judicial processes to ensure just and efficient outcomes in line with international reforms; and
— Satisfactory framework for judicial accountability.
He offered the suggestions as ”broad outlines” to be discussed and designed by competent people.
Justice Balakrishnan also drew attention to a source of overcrowding in courts.
”In a large number of cases pending in Courts, especially in higher Courts, government is one of the parties either as defendant or as appellant.”
He blamed such litigations on lack of proper governmental administration, pointing out that if authorities took impartial decisions, citizens would not normally be driven to litigation.
”Lack of proper and good governance largely contributes to the number of cases in subordinate courts,” Justice Balakrishnan said.
”When it comes to disposal of cases, the delay is disquieting,” Confederation president Pravin Parekh said, citing case arrears now close to 30 million.
He counted 46,926 cases pending in the apex court, 37,00,223 cases pending in high courts and 2,52,85,982 cases pending in district and subordinate courts.
The seminar will be attended by some 1400 delegates, including 14 sitting judges of the apex court, which has a strength of 26.
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‘Why Link Judicial ‘Overreach’ With Judge’s Impeachment ? – By Mukesh Jhangiani

                                                                                                     August 20, 2011

‘Why Link Judicial ‘Overreach’ With Judge’s Impeachment ?*

By Mukesh Jhangiani
United News of India
New Delhi (UNI) – Bringing up judicial overreach– judges assuming legislative or executive functions– while impeaching a Calcutta High Court Judge has been questioned by a senior Delhi High Court Judge.

“I don’t see how the two are related at all,” Justice Vikramajit Sen remarked while releasing a book on private international law at the Indian Society of International Law last evening.

Calcutta High Court Judge Soumitra Sen faces impeachment on charges of having misappropriated some funds before he was elevated by a judicial collegium from the bar.

Judicial overreach, on the other hand, has to do with Judges’ decisions in matters arising directly or indirectly as a result of administrative or legislative lapses or filling such gaps.

Justice Vikramajit Sen spoke after ISIL director S K Verma cited Judges’ contribution to handling private international law related disputes early on when little guidance came from legislatures or the executive.

He said it felt good to receive the compliment, especially as the judiciary has been under a lot of lambasting.

Justice Vikramajit Sen was alluding to observations about judicial overreach made by members on Thursday before Rajya Sabha decided to impeach the Calcutta High Court Judge.

“For some totally inexplicable reason, they are talking about judicial overreach while considering whether the judge is to be impeached.”

“I don’t see how the two are related at all,” Justice Vikramajit Sen said, adding he saw no causal connection between judicial overreach and the impeachment of a judge. “It is out of context.”

A participant drew attention to instances of international conventions the government has ratified but not codified at home and those in which it deliberated, even proposed amendments, but has not ratified.

A maritime law expert and former ISIL treasurer, Capt J S Gill, said there was a need for authorities to spell out the legal status in each instance.

The Judge earlier released the publication made up of experts’ papers on private international law edited by ISIL member Lakshmi Jambholkar.

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UPA Govt Seized Of Law Commission’s 25-Year-Old Idea ! – By Mukesh Jhangiani

                                                                                                                August 18, 2011 

English: Ashoke Kumar Sen at the United Nation...

Ashoke Kumar Sen, former Law and Justice Minister, to whom the Law Commission of India submitted its Report No. 116 on Formation of an All India Judicial Service on November 27, 1986 (Photo: Wikipedia)

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Twenty-five years after experts suggested an All India Judicial Service to draw the best talent to judiciary, the United Progressive Alliance government is seized of the matter, Parliament was informed today.

The government is seized of the matter of creation of an All India Judicial Service under Article 312 of the Constitution, Law and Justice Minister Salman Khurshid said in a written reply in the Lok Sabha.

He was answering Bharatiya Janata Party member from Rajasthan Arjun Ram Meghwal and Indian National Congress member from Haryana Shruti Choudhry who drew attention to a Law Commission recommendation made in 1986.

The two Members wanted to know whether the government intends to introduce the said Service, the timeframe set for its introduction, and, if not, the reasons therefor.

In his reply, Khurshid acknowledged the Commission findings that such a service would also serve as a powerful unifying influence and counteract growing regional tendencies.

He said the process of creating it requires a Resolution to be passed by the Rajya Sabha enabling Parliament to enact necessary laws.

He did not say when that and any subsequent requirements might be carried out.

In reply to another question, Khurshid said the government has examined various options — including National Judicial Commission– to address the issues concerning appointment of Judges of the Supreme Court and High Courts.

However, no specific proposal has been finalised, the Minister said.

Over the past many years, selection for appointment of Supreme Court and High Court Judges has been made by a Judges collegium but questions have arisen owing to complaints over conduct and persistent vacancies.

The Rajya Sabha, for instance, took an unprecedented step this afternoon to approve an impeachment motion against Calcutta High Court Judge Soumitra Sen who is accused of having misappropriated funds while he was a lawyer before his elevation.

The motion will next be considered in the Lok Sabha, and, if approved, go to the President, the appointing authority, for the Judge’s removal from office.

The last Parliament was close to impeaching a Judge was in the 1990s when it considered corruption allegations against former Punjab and Haryana High Court Chief Justice V Ramaswami defended by then senior advocate Kapil Sibal.

The move in the Lok Sabha fell through then with Indian National Congress members abstaining, an instance cited ever since by critics as proof that impeachment was not a sound way to ensure accountability.

Khurshid was answering Meghwal and Communist Party of India (Marxist) member from Kerala M B Rajesh and INC member from Lakshadweep Hamdullah Sayeed on steps to improve judical service quality and standards.

The Members asked if the government proposed to introduce a constitutional code of conduct for Judges and a mechanism for periodical assessment of Judges performance.

Khurshid said the UPA government introduced a Bill in the Lok Sabha in December 2010 to ensure accountability and transparency in the higher judiciary.

The Judicial Standards and Accountability Bill, 2010 incorporates a mechanism for enquiring into complaints against Supreme Court and High Court Judges and makes way for Judges to declare their assets and liabilities, besides setting standards for them to follow, he said.

The Minister gave no timeframe as to its enactment.

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