CBI is not a constitutionally valid police force : Gauhati High Court

The Division Bench of Gauhati High Court in its detailed judgment on 6^th November 2013 in the case of ‘Navendra Kumar vs Union of India’ has held that CBI is not a constitutionally valid police force. Tracing the history of the CBI and the discussions which took place in the Constituent Assembly in 1949 on the issue of forming a Central bureau of investigation and intelligence while drafting the Constitution, the court held that it is the exclusive function of state Police in every state to carry out police functions like investigation, arrest, seizure, filing chargesheet and prosecution. The Parliament or the Central Government can make laws regarding police only for the Union Territories and not for the States. Moreover, the CBI was constituted by a mere Resolution of Ministry of Home affairs in 1963 and not by any statute and thus this agency is not legally and constitutionally formed and hence is not competent to take up police functions. It can only assist the police in collecting information by way of enquiries.  The Court thus quashed the resolution which constituted the CBI and also set aside the order of the Single Judge and further quashed the chargesheet which was filed by the CBI against the Petitioner in the designated CBI Court and the consequent trial. The Court however clarified that quashing of the proceedings, pending in the CBI Court, would not be a bar to any further investigation by police having jurisdiction over the subject matter.

Read the full Judgment.

Sunil Goel advocate B.Sc. L.Lb L.Lm

Happy Diwali - The Festival of Lights

I wish all my readers, friends and well wishers 

in India and outside India 

a very Happy, Prosperous and Safe Diwali.

Sunil Goel advocate B.Sc. L.Lb L.Lm

Supreme Court of India awards highest compensation in medical negligence case

Dear Friends,

The Supreme Court of India has pronounced a landmark judgment on 24th October 2013 on the quantum of compensation to be awarded in cases of medical negligence. This case pertains to Dr.Kunal Saha, a doctor in US, whose wife died due to medical negligence due to medical negligence of the doctors and hospital at Kolkatta about 15 years back. The National Consumer Disputes Redressal Commission had awarded Rs.1.34 crore which has been enhanced by the Supreme Court to Rs.6.08 crore. 

The Supreme Court, in this 210 page judgment, referred to several earlier judgments of itself  as well as of foreign courts and beautifully discussed the law of compensation in detail. The Court also advised the medical practitioners to be vigilant in future and to continuously update themselves with latest developments in medical field so that such incidents do not recur.

This judgment, I feel, will go a long way, in furthering the right to good health of the masses and will check the tendency on part of some medical practitioners to take their patients and their work lightly. 

Read the full judgment.

Sunil Goel advocate B.Sc. L.Lb L.Lm

FULL TEXT OF FODDER SCAM JUDGMENT PASSED ON 30TH SEPTEMBER 2013 AND 3RD OCTOBER 2013 CONVICTING AND SENTENCING LALU PRASAD YADAV

In a landmark judgment passed by Shri Pravas Kumar Singh, Spl. Judge-IV, CBI, Ranchi on 30th September 2013, the ex-chief Minister of Bihar Shri Lalu Prasad Yadav was convicted in the infamous Fodder Scam. On 3rd October 2013, he was sentenced to 5 years in jail and Rs.25 lakh fine. 

This judgment is in 7 parts. 

I made some efforts and was able to procure the judgment for my friends and readers. Here is the link to the judgment...

Do let me know your feedback and comments.

Sunil Goel advocate B.Sc. L.Lb L.Lm

Five recent Judgments which will change the political scene and destiny of India

Five recent Judgments which will change the political scene and destiny of India

 1.   People’s Union for Civil Liberties vs Union of India

     Writ Petition (Civil) No.161/2004

     Judgment dated 27^th September 2013

     By Supreme Court of India

In this landmark judgment, the Supreme Court armed the voters with the right to cast a negative vote and reject all candidates at the time of voting in case the voter is not satisfied with any of the candidate. In this context, the Court directed the Election Commission of India to provide a ‘None of the Above’  (NOTA) button at the end of the panel on the Electronic Voting Machine (EVM) and in ballot papers. 

The court held that the election is a mechanism, which ultimately represents the  will  of  the  people.  The essence of the electoral system should be to ensure  freedom  of  voters  to exercise their free choice. Article 19 guarantees all individuals the  right to speak, criticize, and disagree on a particular issue. It  allows people  to  have  diverse  views,  ideas  and ideologies. Not allowing a person to cast vote negatively defeats  the  very freedom of expression and the right ensured in Article 21  i.e.,  the  right to liberty.  The  voters’  participation  in  the  election  is  indeed   the participation in the democracy itself. Non-participation causes  frustration and disinterest, which is not a healthy sign of  a  growing  democracy  like India.

For democracy to  survive,  it  is  essential that the best available men should be  chosen  as  people’s  representatives for proper governance of the country. This can be best achieved through  men of high moral and ethical values, who win the elections on a positive  vote. Thus in a vibrant democracy, the voter  must  be  given  an  opportunity  to choose none of the  above  (NOTA)  button,  which  will  indeed  compel  the political parties to nominate a sound  candidate. 

Democracy is all about choice. This choice can be better expressed  by giving the voters an opportunity to verbalize  themselves  unreservedly  and by imposing least restrictions on their ability to make such  a  choice.  By providing NOTA  button  in  the  EVMs,  it  will  accelerate  the  effective political participation in the present state of democratic  system  and  the voters in fact will be empowered. 

Giving  right  to  a  voter  not  to  vote  for  any  candidate  while protecting his right of secrecy  is  extremely  important  in  a  democracy. Such an option gives the voter the right to  express  his  disapproval  with the kind of candidates that are being  put  up  by  the  political  parties. When the political parties will realize that a large number  of  people  are expressing their disapproval with the  candidates  being  put  up  by  them, gradually there will be a systemic change and the political parties will  be forced to accept the will of the people and field candidates who  are  known for their integrity. 

In  the  existing system a dissatisfied voter ordinarily does not turn up for voting which  in turn  provides  a  chance  to  unscrupulous  elements  to  impersonate   the dissatisfied voter and cast a vote. A provision  of  negative  voting  would  be  in  the  interest  of  promoting democracy as it would send clear signals  to  political  parties  and  their candidates as to what the electorate think about them.

The court noted that even the voting machines in the Parliament  have  three Buttons and an option is given  to  the MPs  to  press  the  ABSTAIN  button. The court also noted that 13 countries have provided for negative voting in their electoral systems. By pressing the NOTA  button  the  voter is in effect saying that he is abstaining from  voting  since  he  does  not find any of the candidates to be worthy of his vote.

This judgment will go a long way in cleansing the Indian politics from the evil of criminals and bad legislators. 

Read the full Judgment.

            2. Resurgence India vs Election Commission of India

    Writ Petition (Civil) No. 121/2008

    Judgment dated 13^th September 2013

    By Supreme Court of India

In this landmark verdict, the Supreme Court endorsed “right to know’ of the citizens and held that the voter has the elementary right to know the full particulars of a candidate who is to represent him in the parliament or the State Assemblies. The filing of affidavit by a candidate (disclosing personal details of the candidate including his assets and civil / criminal cases, if any, pending against him) at the time of filing his nomination papers is a very important stage. Earlier, many candidates used to leave certain columns in the affidavit as blank to conceal their assets or pendency of exact cases against them. The Court held that if particulars are left blank in the affidavit, it will render the affidavit nugatory and the candidate’s nomination paper would be rejected. The court held that if the candidate fails to fill the blank particulars even after reminder by the Returning Officer, the nomination paper is fit to be rejected.

Read the full Judgment.

     3. Lily Thomas vs Union of India

Writ Petition (Civil) No.490/2005

Judgment dated 10^th July 2013

By Supreme Court of India

Section 8(1) & (2) of the Representation of People Act 1951 prescribes that a person shall be disqualified for being chosen or for being a member of either House of Parliament or of legislative assembly or legislative council of a State if he is convicted of an offence punishable under specific laws specified therein. The disqualification is for a period of 6 years from the date of conviction if he is sentenced to only the fine. The disqualification is for a further period of 6 years from the date of his release if he is sentenced to imprisonment. Section 8(3) prescribes that if a person is convicted of an offence not covered under Section 8(1) or 8)2) and is sentenced to imprisonment for two years or above, then he is disqualified from the date of conviction and shall continue to be disqualified for a further period of 6 years from the date of his release. However, Section 8(4) provided a protection to such persons. The protection was that if a person is member of Parliament (MP) or member of a legislature of a State (MLA) on the date of his conviction, then the disqualification incurred in Section 8(1), (2) or (3) shall not take effect unless three months have elapsed from the date of conviction or until the appeal or revision filed by him in respect of conviction or sentence is disposed off by the Court if such appeal/revision is filed within said period of three months.

It is a known fact that such politicians who were convicted by a court still managed to wriggle out of the rigours of law by filing an appeal / revision and then ensuring that it is not decided for years.

The Supreme court in this judgment has put an end to this practice and quashed Section 8(4) altogether.

The Supreme Court observed that the  affirmative  words used in Articles 102(1)(e) and 191(1)(e) of the Constitution of India confer power on Parliament to  make one law laying down the same disqualifications for a person  who  is  to  be chosen as member of either House  of  Parliament  or  as  a  member  of  the Legislative Assembly or Legislative Council of a State and for a person  who is a sitting member of  Parliament  or  a  House  of  the  State Legislature. The  words  in  Articles  101(3)(a)  and  190(3)(a)  of  the Constitution put express limitations on such powers  of  the  Parliament  to defer  the  date  on  which  the  disqualifications   would have effect. In view thereof, the Supreme Court held that  Section 8 (4) of the Representation of People Act 1951  which  carves  out  a saving in the case of sitting members of  Parliament  or  State  Legislature from the disqualifications under sub-sections (1), (2) and (3) of Section  8 of the Act or which defers the date on which the disqualification will  take effect in the case of a sitting member of Parliament or a State  Legislature is beyond the powers conferred on Parliament by the Constitution. The Court thus held that Parliament has  exceeded  its  powers  by enacting Section 8 (4) of the Representation of People Act 1951 and accordingly Section 8 (4) of the Act was held to be ultra vires the Constitution.

Read the full Judgment.

    4.  Chief Election Commissioner vs Jan Chowkidar (People’s Watch)

Civil Appeal No. 3040-3041/2004

Judgment dated 10^th July 2013

By Supreme Court of India

In this judgment, the Supreme Court noted that as per Section 62(5) of the Representation of People Act 1951, a person who is confined in prison under a sentence of imprisonment (i.e. who has been convicted by a court after trial) or who is in lawful custody of police, can not vote at any election and is thus not an “elector” defined in Section 2(e). As per Section 2(e), an “elector” is a person whose name is entered in electoral rolls of a constituency and who is not disqualified from voting. On the same analogy, the Supreme Court upheld the order of Madras High Court that if a person can not vote and is not an elector, then such a person can not also contest elections for parliament or state legislative assemblies as Section 4(d) and Section 5(c) says that if a person is not an ‘elector’, he is not qualified to be chosen to fill a seat in the House of the People (Lok Sabha) and Legislative assembly of a State respectively.  

The High Court had held as under :

“A right to vote is a statutory right, the Law gives it, the Law takes it away.  Persons convicted of crime are kept away from elections to the Legislature, whether to State Legislature or Parliament, and all other public elections. The Court has no hesitation in interpreting the Constitution and the Laws  framed under it, read together, that persons in the lawful  custody  of the Police also will not be voters, in  which  case,  they  will neither be electors.  The Law temporarily takes away the power of such persons to go anywhere near the election scene.  To vote is a statutory right. It is privilege to vote, which privilege may be taken away.  In that case, the elector would not be qualified, even if his name is on the electoral rolls. The name is not struck off, but the qualification to be an  elector  and the privilege to vote when in the lawful custody of  the  police, is taken away.”

The Supreme Court upheld the High Court’s judgment. This judgment debars the persons who are either in prison serving a sentence after conviction or who are in lawful custody of police, from contesting elections of MP or MLA.  

Read the full Judgment.

  

5.   Subhash Chandra Aggarwal vs Indian National Congress & others

Judgment dated 3^rd June 2013

By Central Information Commission (Full Bench)

The Full Bench of the Central Information Commission headed by Mr. Satyendra Mishra, the Chief Information Commissioner, in this landmark ruling, held that the political parties which were subject matter of said appeal, viz. Inbdian National Congress (INC), Bhartiya Janta Party (BJP),  

CPI(M), CPI, NCP and Bahujan Samaj Party (BSP) are public authorities under Section 2(h) of the Right to Information (RTI) Act. Now people can file RTI applications with these parties and obtain any information pertaining to their working, like the source of their finances and the information related to their income and expenses. This will usher in a new era of transparency. This may put a stop to the rampant practice of show off and spending thousands of crores in the elections as the parties and candidates would be under public scrutiny through RTI.

Read the full Judgment.

Sunil Goel advocate B.Sc. L.Lb L.Lm

Right of voter to Reject a candidate during elections - landmark Judgment passed by Supreme Court of India on 27th September 2013

The Hon'ble Supreme Court of India has today 27th September 2013 passed a landmark judgment on the right of a voter to reject all candidates at the time of voting. This judgment will go a long way in cleansing the Indian politics from the evil of criminals and bad legislators. 

Here is the concluding text of the Judgment, which makes an interesting reading :

"49)   However, correspondingly, we should also appreciate that the  election is a mechanism, which ultimately represents the  will  of  the  people.  The essence of the electoral system should be to ensure  freedom  of  voters  to exercise their free choice. Article 19 guarantees all individuals the  right to speak, criticize, and disagree on a particular issue. It  stands  on  the spirit of tolerance and allows people  to  have  diverse  views,  ideas  and ideologies. Not allowing a person to cast vote negatively defeats  the  very freedom of expression and the right ensured in Article 21  i.e.,  the  right to liberty.
 50)    Eventually,  voters’  participation  explains  the  strength  of  the democracy. Lesser voter participation is  the  rejection  of  commitment  to democracy slowly but definitely whereas larger participation is  better  for the democracy. But, there is no yardstick to determine what the correct  and
right voter participation is. If introducing a NOTA button can increase  the participation of democracy then, in our cogent  view,  nothing  should  stop the  same.  The  voters’  participation  in  the  election  is  indeed   the participation in the democracy itself. Non-participation causes  frustration and disinterest, which is not a healthy sign of  a  growing  democracy  like India.
 Conclusion:
51)    Democracy being the basic  feature  of  our  constitutional  set  up, there can be no two opinions  that  free  and  fair  elections  would  alone guarantee the growth of a healthy  democracy  in  the  country.  The  ‘Fair’ denotes equal opportunity to all people. Universal adult suffrage  conferred on the citizens of India by the Constitution has made it possible for  these millions of individual voters to go to the polls  and  thus  participate  in the governance of our country. For democracy to  survive,  it  is  essential that the best available men should be  chosen  as  people’s  representatives for proper governance of the country. This can be best achieved through  men of high moral and ethical values, who win the elections on a positive  vote. Thus in a vibrant democracy, the voter  must  be  given  an  opportunity  to choose none of the  above  (NOTA)  button,  which  will  indeed  compel  the political parties to nominate a sound  candidate.  This  situation  palpably tells us the dire need of negative voting.
 52)   No doubt, the right to vote is a statutory right  but  it  is  equally vital to recollect that this statutory right is the  essence  of  democracy. Without this, democracy will fail to thrive. Therefore, even  if  the  right to vote is statutory, the significance attached with the right  is  massive. Thus, it is necessary to keep in mind these facets while deciding the  issue at hand.
 53)   Democracy is all about choice. This choice can be better expressed  by giving the voters an opportunity to verbalize  themselves  unreservedly  and by imposing least restrictions on their ability to make such  a  choice.  By providing NOTA  button  in  the  EVMs,  it  will  accelerate  the  effective political participation in the present state of democratic  system  and  the voters in fact will be empowered. We are of  the  considered  view  that  in bringing out this right to cast negative vote at a time when  electioneering is in full swing, it will foster the purity of  the  electoral  process  and also fulfill one of its objective, namely, wide participation of people.
 54)   Free and fair election is a basic structure of  the  Constitution  and necessarily includes within its ambit the right of an elector  to  cast  his vote without fear of reprisal, duress or coercion. Protection  of  elector’s identity and affording secrecy  is  therefore  integral  to  free  and  fair elections and an arbitrary distinction between the voter who casts his  vote and the voter who does not cast his vote is violative of Article  14.  Thus, secrecy is required to be maintained for both categories of persons.
 55)   Giving  right  to  a  voter  not  to  vote  for  any  candidate  while protecting his right of secrecy  is  extremely  important  in  a  democracy. Such an option gives the voter the right to  express  his  disapproval  with the kind of candidates that are being  put  up  by  the  political  parties. When the political parties will realize that a large number  of  people  are expressing their disapproval with the  candidates  being  put  up  by  them, gradually there will be a systemic change and the political parties will  be forced to accept the will of the people and field candidates who  are  known for their integrity.
 56)   The direction can also be supported by the fact that in  the  existing system a dissatisfied voter ordinarily does not turn up for voting which  in turn  provides  a  chance  to  unscrupulous  elements  to  impersonate   the dissatisfied voter and cast a vote, be it a  negative  one.  Furthermore,  a provision  of  negative  voting  would  be  in  the  interest  of  promoting democracy as it would send clear signals  to  political  parties  and  their candidates as to what the electorate think about them.
 57)   As mentioned above, the voting machines in the Parliament  have  three buttons, namely, AYES, NOES, and ABSTAIN.  Therefore, it can  be  seen  that an option has been given  to  the  members  to  press  the  ABSTAIN  button. Similarly, the NOTA button being sought for by the  petitioners  is  exactly
similar to the ABSTAIN button since by pressing the NOTA  button  the  voter is in effect saying that he is abstaining from  voting  since  he  does  not find any of the candidates to be worthy of his vote.
 58)   The mechanism of negative voting, thus, serves a very fundamental  and essential  part  of  a  vibrant  democracy.  The  following  countries  have provided for neutral/protest/negative voting in their electoral systems:
 |S.No |Name of the Country    |Method of Voting   |Form of Negative |
|                                 |                       |                   |Vote             |
|1.   |France                             |Electronic              |NOTA             |
|2.   |Belgium                           |Electronic               |NOTA             |
|3.   |Brazil                               |Ballot Paper           |NOTA             |
|4.   |Greece                            |Ballot Paper           |NOTA             |
|5.   |Ukraine                           |Ballot Paper           |NOTA             |
|6.   |Chile                               |Ballot Paper           |NOTA             |
|7.   |Bangladesh                      |Ballot Paper           |NOTA             |
|8.   |State of Nevada, USA     |Ballot Paper           |NOTA             |
|9.   |Finland                              |Ballot Paper         |Blank Vote and/or|
|     |                       |                                                |‘write in*’      |
|10.  |Sweden                            |Ballot Paper         |Blank Vote and/or|
|     |                       |                                              |‘write in*’      |
|11.  |United States of                |Electronic/Ballot  |Blank Vote and/or|
|     |America                             |(Depending on      |‘write in*’      |
|     |                                          |State)             |                 |
|12.  |Colombia                         |Ballot Paper         |Blank Vote       |
|13.  |Spain                               |Ballot Paper          |Blank Vote       |
 * Write-in’ – The ‘write-in’ form of negative voting allows a voter to  cast a vote in favour of any fictional name/candidate.
 59)   The Election Commission also brought to the notice of this Court  that the present electronic voting machines can be used in a  constituency  where the number of contesting candidates is up to 64. However, in  the  event  of there being more than 64 candidates  in  the  poll  fray,  the  conventional system of ballot paper is resorted to. Learned  counsel  appearing  for  the Election Commission also asserted through supplementary  written  submission that  the  Election  Commission  of  India  is   presently   exploring   the possibility of developing balloting unit with 200 panels. Therefore, it  was submitted that if in case this Court decides to uphold the  prayers  of  the petitioners herein, the additional panel on the  balloting  unit  after  the last panel containing the name and election symbol of  the  last  contesting candidate can be utilized as the NOTA button.  Further,  it  was  explicitly asserted in  the  written  submission  that  the  provision  for  the  above facility for a negative or neutral vote can  be  provided  in  the  existing electronic voting machines without any  additional  cost  or  administrative
effort or change in design or technology  of  the  existing  machines.   For illustration, if there are 12 candidates contesting an  election,  the  13th panel on the balloting unit will contain the words like “None of the  above” and the ballot button against this panel will be kept open and  the  elector who does not wish to vote  for  any  of  the  abovementioned  12  contesting candidates, can press the button against the 13th panel and  his  vote  will be accordingly recorded by the control unit. At the time  of  the  counting, the votes recorded against serial number 13 will indicate  as  to  how  many electors have decided not to vote for any candidate.
 60)   Taking note of the submissions of Election Commission, we are  of  the view that the implementation of  the  NOTA  button  will  not  require  much effort except for allotting the last panel in the EVM for the same.
 61)   In the light of the above discussion, we hold that Rules 41(2)  (3) and 49-O of the Rules are ultra vires Section 128 of the RP Act and  Article 19(1)(a) of the Constitution to the extent they violate secrecy  of  voting. In view of our conclusion, we direct  the  Election  Commission  to  provide necessary provision in the ballot  papers/EVMs  and  another  button  called “None of the Above” (NOTA) may be provided in EVMs so that the  voters,  who come to the polling booth and decide not to vote for any of  the  candidates in the fray, are able to exercise their right not to vote while  maintaining their right of secrecy.  Inasmuch as the Election Commission  itself  is  in favour of the provision for NOTA in EVMs, we direct the Election  Commission to implement the same either in a phased  manner  or  at  a  time  with  the assistance of the Government of India.  We also  direct  the  Government  of India to provide necessary help for implementation of the  above  direction. Besides, we also direct  the  Election  Commission  to  undertake  awareness programmes to educate the masses.
 62)   The writ petition is disposed of with the aforesaid directions.
                                   ……….…………………………CJI.
                                       (P. SATHASIVAM)
                                     ………….…………………………J.
                                      (RANJANA PRAKASH DESAI)
                                    ………….…………………………J.
                                       (RANJAN GOGOI)
 NEW DELHI;
SEPTEMBER 27, 2013".
-----------------------

Read the full Judgment.

Sunil Goel advocate B.Sc. L.Lb L.Lm

'कोशिश करने वालों की' by Shri Harivansh Rai Bachchan

लहरों से डर कर नौका पार नहीं होती, (Lehron se dar kar nauka paar nahi hoti)
कोशिश करने वालों की कभी हार नहीं होती। (Koshish karne waalo ki kabhi haar nahi hoti)

नन्हीं चींटी जब दाना लेकर चलती है, (Nanhi cheeti jab daana lekar chalti hai)
चढ़ती दीवारों पर, सौ बार फिसलती है। (Chadhti deewaro par, sau baar fisalti hai)
मन का विश्वास रगों में साहस भरता है, (Mann ka vishwas rangon mein saahas bharta hai)
चढ़कर गिरना, गिरकर चढ़ना न अखरता है। (Chadhkar girna, girkar chadhna na akharta hai)
आख़िर उसकी मेहनत बेकार नहीं होती, (Akhir uski mehnat bekaar nahi hoti(
कोशिश करने वालों की कभी हार नहीं होती। (Koshish karne waalo ki kabhi haar nahi hoti)

डुबकियां सिंधु में गोताखोर लगाता है, (Dupkiyaan sindhu mein gotakhor lagata hai)
जा जा कर खाली हाथ लौटकर आता है। (Jaa Jaa kar khaali haath lautkar aata hai)
मिलते नहीं सहज ही मोती गहरे पानी में, (Milte nahi sahaj hi moti gehre paani mein)
बढ़ता दुगना उत्साह इसी हैरानी में। (Badhta dugana utsaah issi hairaani mein)
मुट्ठी उसकी खाली हर बार नहीं होती, (Mutthi uski khaali har baar nahi hoti)
कोशिश करने वालों की कभी हार नहीं होती। (Koshish karne waalo ki kabhi haar nahi hoti)

असफलता एक चुनौती है, इसे स्वीकार करो, (Asafalta ek chunauti hai, isse sweekar karo)
क्या कमी रह गई, देखो और सुधार करो। (Kya kami reh gayi, dekho aur sudhaar karo)
जब तक न सफल हो, नींद चैन को त्यागो तुम, (Jab tak na safal ho, neend chain ko tyaago tum)
संघर्ष का मैदान छोड़ कर मत भागो तुम। (Sangharsh ka maidan chod kar mat bhaago tum)
कुछ किये बिना ही जय जय कार नहीं होती, (Kuch kiye bina hi jay jay kaar nahi hoti)
कोशिश करने वालों की कभी हार नहीं होती। (Koshish karne waalo ki kabhi haar nahi hoti)

Sunil Goel advocate B.Sc. L.Lb L.Lm

We can, and we must, bring the change in India

We can, and we must, bring the change in India

Democracy means Government “for the people” but unfortunately, today, the people chosen by us to form the Government have forgotten that they exist to serve the people.  The people chosen by us and who are part of the government have become so arrogant, stubborn and defiant that they are concerned only about themselves rather than concerned for the public. On one hand they say ‘no one is above law’ but when it comes to them, they change the law !

The Hon’ble Supreme Court of India did a very good thing to cleanse the Indian politics by passing Judgment on 10^th July 2013 that those politicians who have been convicted by a competent court will automatically cease to be MP or MLA and they will not be able to contest the elections unless acquitted in appeal. This order would have wiped out hundreds of politicians of dubious character and criminal background from the mainstream which would have ushered in a new India free of corruption, crime and violence. However, unfortunately, our politicians have stooped so low that instead of appreciating such a step, they are passing law in Parliament to undo this judgment of the Supreme Court ! Surprisingly, almost all political parties and politicians have consented to undo the Supreme court judgment. By doing so, they are infact endorsing, promoting and encouraging the criminals and their activities. For passing laws concerning welfare for the people, they take years but for passing such laws which are against the interest of the nation and in their own personal interest, they take just few days !  

Similarly, a judgment was passed by the Central Information Commission (CIC) on 3^rd June 2013  under the RTI Act that all political parties are discharging public functions and are covered under RTI Act and are therefore liable to disclose their source of funding. This order was a milestone in the direction of bringing transparency in public dealings and workings of political parties, which would have gone a long way in cleansing our political system. However, the people sitting in the parliament, though bringing to different political parties, came together in passing law to undone this judgment also. What an irony ! The Government on one hand claims RTI to be its one of biggest achievement and on other hand, takes no time in killing its very spirit when it comes to harm their personal interests and aspirations.

Such people, clearly, do not deserve any mercy from us. They are self centered and are concerned for themselves alone. They are not concerned for the country or its citizens. They are busy in filling their own pockets at the cost of robbing the public. They have forgotten that they were chosen and elected to serve the people and they exist to serve the public. If they are not able to provide service to the public, they have no right to be in the job. The public has a right to change the service provider – one who cares for the public and does not default in his duty.

The concept of governance in a democracy emerged from the need of the people for a body of specialized persons to manage their affairs in an orderly manner. This led to the concept of Government where public elects some persons from amongst the public and arm them with certain powers and provide money to them in the form of taxes to undertake works of public utility. Today, what is happening is that these politicians and leaders have started behaving like autocrats and kings and think that they are the masters. The money collected from the public for public’s welfare is being squandered and plundered and misused by these leaders in self-glorification, foreign trips, unnecessary expenses and facilities for themselves. While the public struggles hard to earn livelihood and pay hefty electricity bills, these leaders pass laws and policies in their own favour to unilaterally raise their own salaries and enjoy sprawling accommodation at public’s expense without paying any electricity bill from their pocket. The funds provided to the MPs and MLAs by the public remain unspent for most of the tenure of 5 years and these are spent deliberately in the last year so that people can see works going on and the people vote them for the next term also.

The people sitting in the opposition, who are party to Government’s decisions to undone the Supreme Court’s order and CIC’s order and many such anti-nationalist decisions of the Government, are also to be equally blamed.

The people of this country, particularly the youth, have become fed up with the present state of affairs in the governance. Even many of the bureaucrats want to take measures for the benefit of the public but are pressurized by the political leaders, who in our present governance set up, control the bureaucrats. Many a times, the illiterate politician gives orders to a learned bureaucrat ! The people elected by us were supposed to be our servants (sewaks) (that is why they are called ‘public servants’) but instead they have become our rulers (masters) !

Have you ever applied thought as to where we are heading to. The day is not far when our children will curse us for doing nothing for replacing such self centered people with honest, educated and selfless people. If nothing is not done immediately, the criminals and corrupt persons would overshadow the entire governance and there would be total chaos and our very existence would be endangered. Before that happens, let us wake up to the reality and do something to protect our future generations from becoming victim of crime and corruption.

The easiest thing which we can do is to exercise our right to vote and then to vote for those persons and parties who have clean image. People of integrity and honesty and who are sensitive towards the needs and grievances of the public and who can render selfless service should be chosen. We should not be carried away or swayed by the populist measures adopted by some parties to buy out the voters. We should not blindly give vote to anybody merely because he belongs to a particular party or because he has given financial help to us. We should always analyse and assess the background and intellectual content of the candidate before making final decision as this is ultimately going to impact our State and our country. I may add that to err is human and nobody is perfect but our endeavour should be to choose the right person from amongst various persons or in other words, a less bad person from the bad persons.

I personally believe that people like Arvind Kejriwal and his ‘Aam Aadmi Party’ can make a difference to our existing political system. He appears to be a man of principles and integrity. He is an IITian turned social activist. He lives very simple and he gave up his job of Income Tax commissioner to do public service by raising his voice against the exploitation of the public. It is expected that people selected by him to stand as candidates in the forthcoming Delhi elections will be people of honesty and integrity and they will wholeheartedly work for the welfare of the public once voted to power. I feel we should at least give one chance to Arvind Kejriwal to improve the system.

So, let us resolve that from now onwards, wherever the elections take place in any part of India, we will vote for only those persons who are educated, honest, intellectual, people friendly, selfless service doer and for whom country comes ahead of anything else and who have the necessary zeal and vision to make India the true world leader. This is the minimum we can do for our country.

Jai Hind...

Sunil Goel advocate B.Sc. L.Lb L.Lm

Tainted politicians can no more contest elections in India

Hon'ble Supreme Court of India by landmark judgment of 10th July 2013 declared Section 8(4) of Representation of People Act to be unconstitutional. Earlier, the politicians could continue as MPs or MLAs even on conviction, simply by filing appeal. Now, such protection has been taken away. Now, if an MP or MLA is convicted by a court for specified offences, then he will automatically cease to be MP / MLA. Further, the Supreme court interpreting Section 62(5) held that a person in prison or in lawful custody of police is not entitled to vote and hence is not entitled to even contest the election for MP/MLA. 

Read the full Judgment.

Sunil Goel, advocate 

B.Sc. L.Lb L.Lm

Supreme Court of India permits Mumbai Dance bars to reopen

Supreme Court of India permits Mumbai Dance bars to reopen

On 17th July 2013, a Bench of the Supreme Court of India headed by CJI Altamas Kabir passed yet another important judgment in the case of “State of Maharashtra & others vs Indian Hotel & Restaurants Association & others”. The Supreme Court quashed the ban imposed about 7 years ago by Maharashtra govt. on the functioning of Dance bars in Mumbai. The Govt of Maharashtra had in 2005 brought in an amendment in the Bombay Police Act which was then challenged in the High court by an association representing restaurants and bars. The High Court gave relief to the dance bar owners but the Govt had challenged High Court’s verdict in the Supreme Court.

The dance bar owners will now have to apply for a license to the government before reopening.

Read the full Judgment.

Sunil Goel 

advocate 

B.Sc. L.Lb L.Lm

SUPREME COURT OF INDIA BY 2:1 MAJORITY QUASHES NATIONAL ELIGIBILITY CUM ENTRANCE TEST (NEET) for admission TO MEDICAL COLLEGES

Dear Friends,

A three-judge bench of  Supreme Court of India headed by CJI Justice Altamas Kabir (who retires on 19^th July 2013) has pronounced an important judgment on 18^th July 2013.  The Medical council of India had prescribed National Eligibility cum Entrance Test (NEET) for admission in MBBS, BDS and post-graduate medical courses for improvement in standards of medical education and medical students. The NEET is a single entrance-cum-eligibility-test for admission in all medical colleges in India. The three-judge bench by a 2:1 majority (CJI Altamas Kabir and Justice Vikramajit Sen) quashed the NEET and held that the Medical Council of India had no powers to conduct single entrance examination.

However, the 3^rd judge Justice A.R.Dave gave separate dissenting judgment and held that the notification prescribing NEET for admission to medical colleges is not only legal but is a boon for students aspiring to join medical profession. He inter-alia observed : “In my  opinion,  introduction  of  the NEET would ensure more transparency and less hardship to the  student  eager to join the medical profession.  Let us see the consequence,  if the apex bodies of medical profession are not permitted to conduct the  NEET.  A student, who is good at studies  and  is  keen  to  join  the  medical profession, will have to visit  several  different  States  to appear at different examinations held by different medical colleges or institutes so as to ensure that he gets admission  somewhere.   If  he appears only in one examination conducted by a  particular  University  in a particular State and if he fails there,  he  would  not  stand  a chance to get medical education at any other  place.   The  NEET  will facilitate all students desirous of  joining  the  medical  profession because the students will have to appear only at one  examination  and on the basis of the result of the NEET, if he is  found  suitable,  he would be in a position to get admission somewhere in the  country  and  he can have the medical education  if  he  is  inclined  to  go  to  a  different place.  Incidentally, I may state here that  learned  senior counsel Mr. Gupta had informed the Court that some  medical  colleges  who are more in a profiteering business rather than in the noble  work  of imparting medical education, take huge amount by way of donation or capitation fees and give admission to  undeserving  or  weak  students under one pretext or the other.   He had also  given  an  instance  to support the serious allegation made by him on the  subject.   If  only  one examination in the country is conducted and admissions  are  given on the basis of the result of the said  examination,  in  my  opinion, unscrupulous and money minded businessmen operating in  the  field  of  education would be constrained to stop their corrupt practices and  it would help a lot, not only to the deserving students but also  to  the nation in bringing down the level of corruption”.

The majority judgment will help Private Colleges who sell MBBS seats on caption. It is understood that Govt. is planning to refer this judgment to a Constitution Bench.

Read the full Judgment.

Sunil Goel advocate B.Sc. L.Lb L.Lm

Trip to Hongkong and Macau

Hongkong Macau Tour : June 2013

This trip of mine in June 2013 was in quick succession to my recent visit to Gangzhou in China which I undertook in April 2013.

10^th June 2013 Monday

We 4 friends : myself, Dheeraj, Rajeev Gupta and GD Dalwani boarded Air India AI 314 flight from T3 Terminal of Indira Gandhi Int’l Airport, New Delhi to Hongkong on 10^th June 2013 Monday. The flight was scheduled for 11.15 pm in the night. We got our economy tickets upgraded from Economy class to Executive (Business) class at the airport, considering the fact that it was a night journey and seats in Executive class (which converts into bed by remote control) would have allowed us to have good sleep during journey so that we reach Hongkong refreshed. It costed us a good Rs.17,910/- per person for this conversion.  The Executive class turned out to be a good experience.

11^th June 2013 Tuesday

We reached Hongkong at 6 am local time on 11^th June 2013. After following the signages in the airport for the E2 Terminal (Ferry Terminal), we reached the Ferry Terminal/counter. But it opens up at 7.30 am. So we waited in the sitting area in the airport near Ferry counter. At 7.30 am, the Ferry counter opened. The ferry service is operated by a company called Turbojet. The passengers had already queued up. We were told by officer at Ferry counter that the 12 O’clock Ferry tickets which we had booked online do not have the facility to transfer our luggage automatically from the aeroplane to Ferry and that we will have to first do immigration clearance  and take our baggage from airline and then go to city to board the Ferry. We sensed that it was a cumbersome and time consuming procedure. So we chose second option i.e. we cancelled the Super class tickets of Ferry (purchased in advance online for HK$ 298 per person which was today quoting at HK$ 328 !) and purchased new tickets of Economy class @ HK$  246 (incl. HK$ 60 per baggage) of 10.30 am. We gave them our airline baggage tags and they issued new baggage tags of the ferry. This way we were saved from the hastle of doing immigration clearance and going out of airport to the Hongkong city and also managed to prepone our Ferry journey. We got freshened up in the toilets at the large waiting area of Ferry Terminal in the airport and ate some snacks stuffed in our handbags. Our luggage was directly transferred automatically from the airline to the Ferry. At 8.30 am, the boarding for Ferry was announced. We moved towards the boarding gates of Ferry, just like we go to boarding gate of airline. At 10.05 am, we entered the Ferry. At 10.30 am, the Ferry started. It was raining lightly. The temperature was 22⁰ C. There was typical smell of fuel/ diesel in the air, which was nauseating and sickening. I started feeling headache and feeling of vomiting. At 11.20 am, we reached Macau. We did immigration clearance and picked our luggage. Outside the Ferry Terminal building, the buses of various Hotels were waiting. The bus from Hotel Venetian Macau took us and other passengers to the hotel in 20 minutes. It was free ride for the hotel guests.

On reaching the Hotel Venetian Macau (at about 1.30 pm), we were mesmerized by its grandeur. It was a large hotel bubbling with people. We gave our luggage at concierge desk, who issued us baggage slips. The guests queued up at reception counter. We showed our hotel tickets and our passport. We were allotted Room no.11007 and 11011 at Level 11. We gave our luggage slips to reception and our luggage reached directly to our rooms. We rested in our rooms for a while and then went to Golden Peacock restaurant in the Hotel .But there was a long que there. We tried to explore other options for the food. Ultimately, we found an outlet called Indian Spice Express in Food plaza at Level 3 which had Indian vegetarian food. This food plaza and place is identical to the one which we have at Kingdom of Dreams in Gurgaon, India. We took our lunch there.

We had taken Cotai Discovery Package of the Hotel Venetian for two nights. In this package, the charges are a little less and some freebies / advantages are provided. These are – (i) Daily Complimentary breakfast at Café Deco; (ii) Complimentary lunch for one day at Golden Peacock restaurant; (iii) Gandola ride ticket; (iv) HK$ 100 voucher per person which can be redeemed at various outlets in the Hotel; (v) Half Day City Tour or HK$ 300 voucher per person; (vi) Free small photo 4” x 6”; (vii) free Almond cookies. You are issued a document called Venetian Passport by the hotel on your arrival. This document contains reference number and bar codes of all these freebies. You can take these document to designated counters and obtain the freebies after they scan it.

We went to the casino and played there for long hours. There were so many machines and games in the casino and it was mind boggling. I understand only one game and that is Roulette. So tried my luck at it.

In night, we again went to Indian outlet at Food plaza but it was closed at 11.30 pm. So I had to do with eating the stuff I had brought from India.

12^th June 2013 Wednesday

We woke up in the morning and went to Café Deco restaurant at Level 1 for the breakfast. It had all options : Indian, continental, Chinese etc. After the breakfast, I went to Cotai Travel Desk of the hotel to book our Half day city tour for 2 pm slot today. However, to our dismay, we were told by the travel desk that 2 pm slot is already full and that we can opt for only 9 am slot for tomorrow. (There are two slots of city tour : 9 am to 1 pm, 2 pm to 6 pm). Hestatingly, we booked the 9 pm slot for next day morning, as we were to check out from hotel tomorrow and leave for Hongkong. We then enjoyed Gandola ride.

We took a round of the hotel and played in casino. At 2 pm, we took lunch at Golden Peacock restaurant in the hotel. In the evening, three of us took a taxi and went to Macau Tower. We experienced beautiful view of Macau from the observation deck of the tower. We then went to City square for a stroll in the market and then returned back to the hotel at about 8 pm. Sat in casino. Took food at 11 pm at Indian outlet in Food plaza and then went to sleep.

13^th June 2013 Thursday

We got up early in the morning. Two of us (me and Mr.Dalwani) were keen for city tour while the other two opted out. After taking breakfast at Café Deco, we two reached the travel desk where other passengers of City tour had assembled. We all then proceeded to the bus parked outside the hotel which took us for the city tour. We first went to A MA Temple. Then we were taken to Ruins of St.Paul’s. It was 11 am. We decided to break the tour and reached back the hotel at 11.45 am. We completed check out process at Hotel counter of South Suites and proceeded to West lobby for departure. There we were handed over our luggage and we boarded the hotel bus which took us to the ferry terminal. We bought the Ferry tickets to Hongkong (HK$ 148 per person), cleared the immigration and sat in the ferry.

We reached Hongkong Ferry terminal at about 2 pm. Cleared the immigration. Then took a taxi and reached Hotel Harbour Grand Kowloon, . It was a beautiful 5-star hotel by the side of the sea and provided breathtaking view of the skyline of Hongkong just like NewYork. It was sheer coincidence that we were allotted Room no.1107 and 1113 on 11^th floor.

After resting for a while, we walked to Pizza Hut nearby and took veg pizza and cold coffee. Walked back to the hotel after purchasing some groceries from popular stores here called Seven Eleven. We took a taxi and went to Wan chai. Walked there and saw Hongkong night life. We took food at Ebeneezer’s Restaurant in Tsim Sha Tsui at 1.30 am in the night and then returned to hotel. In the night, enjoyed the environment and Hongkong skyline by walking near the hotel in drizzling rain.

14^th June 2013 Friday

We took breakfast in the Promenade at Level 1 of the hotel. We had gone to restaurant at 9.50 am and it close at 10 am, so we could not eat much. We had paid extra HK$ 416 per person for total two days for the breakfast (i.e. about Rs.1600/- per breakfast per person).  We then went to top floor of the hotel which has a swimming pool and Gym. Dheeraj did swimming there. It was a beautiful view of Hong kong from the top floor.

At 10 am, I took taxi from the hotel and reached Two Exchange Square (near Hongkong MTR station). This building houses the office of Hong Kong International Arbitration Centre (HKIAC) at 38^th floor. I am an arbitrator on the panel of HKIAC. I was greeted by Mr. Aditya Kurian there who is on officer there and is looking after HKIAC’s operations pertaining to India and South East Asia. The HKIAC Secy General  Ms. Chiann Bao was not in the office and I thus missed the opportunity to meet her.

At 12.30 pm, I started from HKIAC. I walked to the nearby Hongkong MTR station. I boarded the yellow colored Tung Chung line, got down at Sunny Bay station and then boarded another train to reach Disneyland Resort. I reached there at about 1.30 pm. It was raining. My other 3 friends had already reached there. I walked in the rain towards the ticket counter of Disneyland and got wet in the process. After purchasing ticket, I entered Disneyland, purchased an umbrella and walked to different rides and attractions. I got completely drenched. Took train ride which gives you complete round of the Disneyland. At one place, We four met. I took Grizzly Gulch ride (Big Grizzly Mountain Runaway Mine cars) , it was scary. On return, we took Tung chung line and got down at Lai King station. From there, we took red colored Tsuen Wan line and got down at Mong Kok. Walked in the market. Took pizza at Pizza Hut there. Then returned back to hotel in taxi. We took matthi, tea and biscuits in the hotel room. Then in night, I enjoyed walk around the hotel overlooking harbor, sea and Hongkong skyline.

15^th June 2013 Saturday

In the morning at 8 am, I went to the Gym on the top floor of the hotel and did treadmill.  I wanted to do swimming on top floor but it was raining. We took breakfast in the Promenade in the hotel at 9.15 am without taking bath. Thereafter, took bath. Myself and Mr.Dalwani decided to visit Peak tower. So, we took a taxi and got down at East Tsim Sha Tsui station of MTR. Walked inside the station through subway to Tsim Sha Tsui station. Boarded the train and got down at ‘Central’ station and exited from ‘J’ exit. Walked 10 minutes to reach the Peak Tram stop, after following the signages.  Boarded the Tram and reached Peak Tower. It was a unique experience to ride on tram on steep incline. At Peak tower, headed straight to Madame Tussaud’s museum. Clicked photographs with the wax mannequins of celebrities like Amitabh Bachchan, Mahatma Gandhi, Barack Obama, George Bush, Hitler, Queen Elizabeth, Lady Dianna, Marlyn Moonroe, etc. We were in hurry as we had to return to check out from hotel and catch flight to Delhi.  So, we hurried up. As it was raining, it was not a good idea to see city from the top of the tower, so we dropped the plan. 

We hurriedly boarded the tram. Got down at Peak Tram stop to the Central station of MTR. Boarded MTR and got down at Tsim Sha Tsui station. From there, we took a taxi and reached hotel at 2.10 pm. The other two friends were waiting after completing formalities of check out. 

We immediately took a taxi and reached Hongkong airport at about 3 pm. Got issued boarding pass and cleared immigration. Mr. Dalwani again managed to get his seat upgraded to Executive class.

Our flight was AI 315 Air India at 5.05 pm. We waited at Gate no.33 for boarding our flight. Flight ultimately took off on time.

At 9 pm Indian time, we reached Indira Gandhi International Airport, New Delhi Terminal T3. After clearing immigration, we purchased toffees etc at Duty Free shop. I took taxi and reached home at 10.30 pm.

Another overseas trip came to an end successfully.

Important Tips for travelling Hongkong and Macau tour :

1. At most of the public places in Hongkong, there are reduced charges for tickets for senior citizens (above 65 years of age). For example, in Disneyland Hongkong, while ticket for an adult costs HK$450, it costs only HK$100 for a senior citizen. In Madam Tausaud’s Hongkong, while the ticket for an adult costs HK$190, it costs only HK$120 for a senior citizen. So, do check in advance before purchasing any ticket in Hongkong.

2. The Wifi is available for free throughout the Hongkong airport. In Hotels, the wifi is generally not free and they usually charge about HK$ 150 per 24 hours for the wifi facility. Comparatively, in Macau, Wifi is generally available for free at some public places like Macau Tower. In Hotel Venetian Macau, the charges for wifi are HK$160 for 24 hours. However, there is an Indian restaurant called Golden Peacock at Level 1 of the Hotel where the Wifi is free (the wifi can be accessed even while standing or standing outside the restaurant).

3. In Hongkong, the places are well connected with the Metro train (called MTR, in Hongkong). Check the MTR system map in advance if you are planning to visit Hongkong. This can save you amply money which you would otherwise spend in travelling through Taxi. See the MTR map.   

4. Always find out the nearest MTR station near to your place of stay and then board the MTR and change the MTR lines accordingly to reach your destination.

5. The MTR tickets can be bought from the staff at the counter and can also be purchased from ticket dispensing machines by inserting HK$ notes or coins in the machine. On the machine, on the map, tap/press at the MTR station name where you want to go. The machine will then display the price which you have to pay. Suppose it is HK$ 9. Insert HK$ 10 note in the machine. The machine will dispense one ticket of your chosen destination and balance HK$1 will also be dispensed, which you can collect.

6. The Hongkong airport is connected by MTR through a blue colored line called Airport Express line. Several MTR lines touch each other at various places where you can interchange from one line to another.

7. In Hongkong, the main places visited by tourists are following and these can be reached by MTR in following manner :

Places to see in Hongkong :

Disneyland Resort : It is at the extreme end and is close to the Hongkong airport. To reach there, one has to take yellow colored Tung Chung line. Get down at Sunny Bay station. From there, take pink colored Disneyland Resort line. There is no station between Sunny Bay and Disneyland. This Train from Sunny Bay to Disneyland is having entirely different interior and décor and is having sofa seats. The Disneyland MTR station is right at the entrance of Disneyland resort. In the late evening, there is Fireworks show at Disneyland, if weather is clear.

Big Buddha and 360 degree Cable car : This is very close to Disneyland, by MTR.  On the Tung chung line, instead of getting down at Sunny Bay station, get down at Tung Chung station, which is the next station after Sunny Bay and the last station on Tung Chung line. From Tung Chung station, 10 minute walk takes you to 360 ⁰ cable car. It is tallest sitting Buddha in Asia. It is 34 meter high. It took 12 years to complete. It was erected in 1993. You have to climb 268 steps for a closer look at this remarkable statue. Its actual name is Tian Tan Buddha Statue and informal name is Big Buddha. Opposite the statue is Po Lin Monastery. Take yellow colored Tung Chung line. Get down at the last station, that is, Tung Chung. Exit from Exit ‘B’. Take Ngong Ping Cable car, which takes around 25 minutes. Then walk for about 10 minutes to reach the Monastry and Buddha statue. Source  

Peak Tower : Madame Tussaud’s is on level 4 of the Peak Tower. Level 3 has ‘Ripley’s Believe It or Not’ auditorium. Level 5 has open-air viewing terrace with coin operated binoculars. The place where Peak Tower is situated is called Victoria Peak (552 meter) which is the highest point in Hongkong. You can have a panoramic view of Hongkong city from here, if the weather is clear. Reach ‘Central’ Station of MTR, by taking red colored Tsuen Wan line. Exit from “J” exit. Walk about 10 minutes (the walk is little inclined up), by following road signages, to reach Peak Tram stop (from where the Tram starts). Board the Tram, which takes you to Peak Tower in about 12 minutes. This Tram journey is thrilling. It is all very steep incline upto Peak Tower while sitting in Tram and at some places, the Tram is almost at an incline of more than 60 degree angle. The Tram drops you right inside Peak Tower. After getting down, you suddenly find yourself at the entrance of Madame Tussaud’s after just 1 minute walk. Just purchase the ticket and keep on following the signages. The wax mannequins of celebrities are scattered on 3 levels. More can be seen here. 
   

Ocean Park : It has several water rides. (I avoided it, as I am not very keen for such rides). Get down at Admiralty MTR station on red colored Tsuen Wan line or blue colored Island line. From here, take 629 route number city bus. The bus comes every 10 minutes. The bus will take you to Ocean Park. You can see more details here. 

8. There are two tunnels in Hongkong while travelling by road. Travelling on taxi though new tunnel is costly by about HK$ 50.

9. In Hongkong and Macau, the visa is available for free on arrival.

10. If you are travelling by air to Hongkong airport and then straight to Macau by Ferry, you need not even come out of the Hongkong airport to board the ferry and do not need to do immigration clearence. The Ferry Terminal can be reached directly from inside the airport. Just follow the signages after getting down the aeroplane in Hongkong airport, to reach the Ferry Terminal (E-2 Terminal). In the process to reach Ferry terminal, you will be going down and up by escalators and by High speed underground train. The Ferry is operated by a company called Turbojet.  At the Ferry terminal, purchase the Ferry ticket. Give your airline baggage tags at Ferry counter (it is like an airline counter in an airport which issues boarding pass). They will issue you their own baggage tags against it and the boarding ticket of Ferry. Your luggage will reach directly to the Ferry from the aeroplane. The Ferry company charge a sum of HK$ 60 per baggage for providing this service. So, try to keep the number of checked in baggages to the minimum.

11. While boarding Ferry, those who are prone to sea sickness are advised to take some medicine beforehand to avoid headache, restlessness, nausea. The Ferry moves at a very high speed and at rough seas, there is turbulence which may cause nausea. The Ferry is totally air-conditioned and there are numerous seats in it generally arranged in 3 rows (just like an aeroplane), with overhead lockers. There are two class in Ferry : Economy and Super class. The Super Class is on the Upper deck of the Ferry and it has better seats and more leg space. The journey from Hongkong to Macau by Ferry is about 50 minutes.

12. For Indians who want vegetarian food in Hongkong and Macau, there are several options :

        Hongkong :

       -Veg Pizza at Pizza Hut restaurants which are in every locality.

       -Ebeneezer’s Restaurant (at 8 places in Hongkong) whioch opens till 4 am late

         in the night.

       -Tandoori Nights restaurant, at Ksim Sha Tsui.

       -Branto Restaurant

       -Gaylord Restaurant

       -New Sangeet restaurant

       -Mask of Si Chuen ?

       Macau :

      -Golden Peacock restaurant at Level 1 of Hotel Venetian Macau

      -Indian Spice Express outlet in Food plaza at Level 3 of Hotel Venetian Macau

      -Café Deco restaurant at Level 1 of Hotel Venetian Macau (Breakfast)

13.  If you do not want to be saddled with huge bills by your mobile operator, turn off the ‘Mobile data’ and turn on the ‘WI-FI’ option in your mobile, before landing in any foreign country. By doing so, you will not get any email, messages etc. on your Sim connection and thus can avoid paying huge charges. You can access the same through wifi. To keep in touch with your loved ones back home, you can use mobile applications like viber, hangsout, skype, Gtalk, whatsapp etc. through wifi. Hangsout and Skype have video calling facility. In case of Apple device to Apple device, you can use Facetime app of Apple for video calling through wifi. By turning off the ‘Mobile data’ in your mobile, you will keep receiving the mobile calls. It will be your discretion whether to pick up the phone. If you pick up, then you would be billed international roaming charges. The best thing to do is to purchase a local mobile sim card and get it topped up/charged with the value which your fairly expect to spend on your mobile calls while in that country. In case you really want to call any of the number from whom you are getting call, you can use the local mobile connection to call back to your country. For calling to India from local mobile connection, prefix 00191 before the Indian number. This way, the call charges are substantially reduced. The local sim has other advantage also. Your companions on the tour can also purchase local sim card and then you all can communicate with each other in such foreign country at almost no cost.

14. In the casinos (in Hotel Venetian Macau and other hotels), small water bottles are placed everywhere near every casino table. You can freely pick the bottles from here. In the room, only 2 bottles per room are provided complimentary and rest are on charge basis. While playing in casino at any table, you can also ask the casino staff/waiters (mainly girls) to give you tea, coffee, soft drink, hard drink, beer etc., its complimentary. On the roulette, the minimum bet is generally HK$ 50 but at times, you will also find some roulette tables playing at minimum bet of HK$ 25.

15. There are not many places to see in Macao other than Macau Tower. The casinos are the major attraction in Macau. There are over 800 casinos in Macau, the major being Venetian, City of Dreams, Grand Lisboa, Galaxy etc. These, in themselves, are placed to see and visit. Still, for those who want to travel around, they can take half day city tour of Macau. You can see the following places :

Places to see in Macau :

       Macau Tower  : It has observation deck at 59^th Floor, from where you can           

       have panoramic view of entire Macau. At the 61^st Floor, those with high levels

       of adrenaline and a penchant for thrill and adventure, can take the Sky Walk

       (walking on edge of tower on open platform, tied with ropes) and Bungee 

       jumping which is provided for a hefty charge by a company called Heckett.   

       Free wifi facility is available here.

       Ruins of St. Paul’s : It is a UNESCO listed monument.

       A MA Temple

       Senado Square

       St. Dominic’s Church

       Taipa Houses Museum

16. In Hongkong, Macau and rest of China, language is a major problem. The locals generally do not understand English. At times, it becomes very difficult to explain the taximan the place where you want to go. Sometimes, it becomes difficult to get to your own hotel. So always keep ‘visiting card’ of your hotel in your pocket and the map which you can show to the taximan. You can also download ‘Translate’ App in your mobile or Ipad. In this, you can type a sentence in English and this App will convert the sentence in Chinese or any desired language which you can then show to the local person. He can similarly type in his language which is then converted into English by this App. If the internet is working, then this App allows even voice communication.

17. Ticket prices :

Ferry of Turbojet

(HK to Macau)   :               HK$ 298 (Super class)

                                           HK$ 246 (Economy class)

                                           These prices include charges for facility of direct luggage transfer from

       aeroplane to Ferry. These prices are less if you purchase several days in

       advance.

Macau to HK      :               HK$ 148

                                           You carry your luggage directly, in and out of Ferry.

Disneyland          :                HK$450 (for adults)

       HK$100 (for senior citizens)

           Madam Tausaud’s :              HK$190 (for adults)

       HK$120 (for senior citizens)

Tram to Peak Tower :         HK$40 (for adults)

(and return)                         HK$18 (for senior citizens)

            Macau Tower       :              HK$ 130 (for observation Deck at 59^th Floor)

                                                       Higher charge for Sky Ride and Bungee jumping from 61^st Floor

1 HK$ = INR 7.50

1 US$ = HK$ 7.58 = INR 57 (approx. figures)

18. If it is 8 am in India, it will be 10.30 am in Hongkong and Macau.

19. The currency of Macau is Pataca. However, Macau currency is not in much use. Strangely, even the establishments in Macau sometimes refuse to take Macau currency. The Hongkong dollar is accepted everywhere in Macau and Hongkong.  

20. The Gangzhou in China is very close to Hongkong and is just about 1 hour away by Ferry. But you need visa to enter Gangzhou. So if you have visa for China, then another way to reach Hongkong or Macau is to first go to Gangzhou (air tickets for Gangzhou are comparatively cheaper) and from there take a ferry directly to Hongkong or Macau.

Sunil Goel advocate B.Sc. L.Lb L.Lm