Thank You, Shri Barun Mitraji

 

Thank You, Shri Barun Mitraji

[ Secretary- Justice / secy-jus@gov.in  ]

 

What For ?

For alerting Judges re too many adjournments granted

 

Where did you read this ?

Judges to get alerts for repeated adjournments  /  TOI  /  15 Aug 2021

 

Extract :

Ø  As part of “ease of doing business” reforms in the justice delivery system, for the first time judges will receive Green, Orange and Red indicators depending on the number of adjournments given in a case

Ø  Beginning with commercial courts, the government has introduced a special feature in the software that runs the Case Management System of courts across India

Ø  The addition rolled out by the Law Ministry recently, will track judges and automatically generate an alert when the “ three adjournment rule “ is breached

 

Ø  GREEN  light :

#   will indicate the case is listed at the same stage for less than 3

     times

Ø  ORANGE  light :

#   will mean the case is listed between 3 & 6 times

Ø  RED  light :

#   will indicate listing has exceeded 6 times

Ø  Over 1 Lakh cases have been pending for more than 30 years. The total case pendency in subordinate courts reached 3.94 Crore on Friday

Ø  A study by Niti Aayog in 2018 had estimated that a backlog of 2.9 crore cases ( at that time ), would take 324 years to clear at the current rate of disposal

Ø  The CPC and CrPC ( Code of Criminal Procedure ) mandates no judge can give repeated adjournments unless extremely unavoidable

Ø  In cases where more than three adjournments are given, a judge has to record the reasons for the same

 

MY TAKE :

 

Some 4 years ago, I sent following E-Mail :

Ø  An App called “ AdJourn “ …………………………………. [ 19 Aug 2017 ]

 

Extract :

 

Based on statistics for the past 10 years, BMC should compute, a FREQUENCY DISTRIBUTION CURVE ( a BELL shaped curve ), for the “ No of Hearing Dates “ and calculate the STANDARD DEVIATION ( Sigma ) and calculate ( + / - ) 3 SIGMA limits

That would tell the BMC, “ Most likely Number of Hearing Dates “ for any given case

 

Now tell the Counsel :

Sir, this is the Upper Limit of the amount that we will pay you ( Rs 100,000 ) for fighting this case

But, from 10^th “ date “ onwards, we will start deducting, Rs 5,000 per each additional hearing , beyond 10^th ( - a PENALTY ),

And ,

For each date less than 10 , we will pay you a BONUS of Rs 5,000 !

And , we will DOUBLE the BONUS amount so arrived , if you WIN the case  !

Next witness a miracle !

All cases will start getting completed in 5 hearings !  May be in months , instead of in years !

I have a feeling that, overall, BMC will save crores of rupees ( despite paying BONUSES to lawyers ), since it would save a huge amount of TIME that its officers are currently spending in courts ( - and earning TA / DA ! )

After reading this , do not be surprised if some Start Up ( could be :  MeetUrPro / LawRato / Vakilsearch /  IndiaFilings / Vahura  ) , comes up with a Mobile App called , “  AdJourn “, to enable BMC lawyers to enter the adjourned date in the App which instantly and automatically, updates the CASE STATUS on the BMC web site and simultaneously , on the web site of the concerned court  !

Call this , “ Transparency at its Best “ ( - also to judge the performance of the JUDGE ! )

With more than 30 million cases pending in Courts all over India ,”  AdJourn “ could change the very landscape of India’s Legal Management System , if adopted by all the Courts !

 

Now, I have no idea whether BMC implemented my suggestion or not but it seems the Central Government has gone ahead and done so ( at least partially )

 

The above-mentioned news report also adds :

 

“  The government move is aimed at increasing accountability and professionalism in justice dispensation as the record of adjournments will be taken into account during PERFORMANCE EVALUATION and ELAVATION of a judge to superior courts “

With regards,

Hemen Parekh  /  hcp@RecruitGuru.com  / 16 Aug 2021

Related Readings :

Ø  Not what I Suggested ! …………………………………………[ 22 Sept 2017 ]

Ø  Supreme improves upon “ AdJourn “ ?.................[ 21 Dec 2017 ]

Ø  Artificial Intelligence to fix MP / MLA Salary ?........[ 22 Feb 2018 ]

Ø  Virtual Court Benchmarks ……………………………………..[ 14 Jan 2021 ]

Ø  24x7 e-Courts ?............................................... [ 14 Apr 2021 ]

 

 

 

Granting Refuge to Afghan Citizen

 

Context :

India may grant refuge to Afghan citizens facing threat from Taliban  /  HT  /  15 Aug 2021

Extract :

Ø  The Indian government may grant refuge to Afghan citizens, especially those facing threats or fearing persecution from the Taliban, against the backdrop of the rapid deterioration of the security situation in Afghanistan.

Ø  Among those who are likely to be granted refuge are political leaders or activists, human rights workers, media personnel, members of minorities and people who have worked with the Indian government, the people said

 

My Take :

 

About 2 years ago, there was a raging controversy in the country in respect of proposed amendments in Section 2 of CAA ( Citizenship Amendment Act – 2019 )

At that time, I suggested some compromise re-phrasing , which would meet the desired objectives while, at the same time, overcome the objections raised by the opposition

These (suggestions ) were sent through following e-mail :

Ø  CAA Compromise : With Malice towards None……………….[ 22 Jan 2020 ]

 

Extract :

Short Title :

        This Act may be called the

          “  Religiously Persecuted Foreign Minorities ( grant of Citizenship )

          Act, 2020   [  RPFM  ] “

 

             

Ø     Amendment of section 2 :

Under this amendment, Indian “ Certification of Naturalization “, may be granted to foreigners who have entered into India, on or before the 31^st day of December , 2014, under following criteria :

 

[ A ].. Country of Foreigner

 

          Such a foreigner could hail from any country of the world

 

[ B ]… Religion of Foreigner

 

           Such a foreigner could belong to any religious community

 

[  C  ]…. Status of Foreigner

 

            In his / her own native country, said foreigner must belong to

            a religious  minority , which has been or currently being ,

            persecuted for his / her religious belief

 

                 

[ D ]…. Proof of persecution

 

           While applying for Indian “ Certification of Naturalization “,

           under this RPFM Act, the foreign person would need to prove

           to the satisfaction of the Home Ministry, that he / she was

           persecuted by the majority religious community in

           his / her native country before entering India

 

           

           

According to one report, in Afghanistan, Shia form a “ minor community “ , consisting about 10% - 15 % of the population

Under Taliban, Shia fear a persecution

As reported above, if Indian Government decides to grant “ Refuge “ to “ members of minorities “ , this would be welcomed by all political parties and may even pave the way for acceptance of CAA , with re-phrasing suggested by me

 

With Regards,

Hemen Parekh  /  hcp@RecruitGuru.com  /  16 Aug 2021

 

  

Hey Elon , What is so difficult ?

 

A few weeks back, you asked Indian government to reduce import duty on bringing and selling in India EVs

You asked duty on fully assembled Electric Cars, to be brought down from 60 % to 40 % ( presumably for your Model 3 which sells for $ 39,990 in USA )

Indian Government has repeatedly asked you ( for past 4 years ? ) :

What is your “ Phased Manufacturing Program “ ?

 

Context :

Govt lays out terms before weighing Tesla’s tax demands     /   Hindustan Times / 14 Aug 2021

 

Extract :

The government has asked Tesla Inc. to ramp up local procurement and share detailed manufacturing plans before the carmaker’s demands for lower taxes on electric vehicles are considered

 

The Ministries of Heavy Industries and Finance sought the details from Tesla in a meeting earlier this month even as the government is examines billionaire Elon Musk’s demand for lower taxes on EVs in Asia’s third largest economy

 

The departments have also asked Tesla for its thoughts on importing fully built cars versus so called “ knocked down units “ or partially built vehicles, which attract lower import levy

 

Tesla didn’t respond to requests for comment

 

Tesla wrote to the government in July asking for the import duty on electric cars to be reduced to 40 % from the current 60 % to 100 %

The company also asked for the 10 % social welfare surcharge – which is levied on all imported cars and helps fund health and education programs – to be scrapped

At the meeting, Tesla claimed it has procured components worth $ 100 million so far from India and suggested that figure would increase following any tax concessions

My Take :

4 YEARS ago, through my following E Mail, I urged Tesla to submit its “ Phased Manufacturing Program “ to GOI – just like any other Foreign Company wanting to set-up a manufacturing facility in India :

Ø  Will Tesla follow Apple ? …………………………………[ 23 May 2017 ]

 

In that e-mail, I did not say anything about year-wise and cumulative, “ local value addition “, through locally purchased or “ In-house manufactured “ , components / sub-assemblies

Obviously, GOI would want any Foreign Manufacturer to gradually increase “ local value addition “, to take it to ( say ), 90 % over a 5 Year period , leaving only 10 % ( by value ) imported items at the end of 5 years

I urge, Tesla to examine following program – and if feasible send it (with changes if required ), to GOI

This could form a basis for further discussions / finalization

If an agreement is reached, it would serve as a BENCH-MARK for all other Foreign Manufacturers wanting to make / sell, electric vehicles in India

      Tesla to commit to following PHASED MANUFACTURING PROGRAM for making Model 3 in India

Year ( Ap-Mar)	Items to be procured locally	Value Addition % ( For the Year )	Value Addition % ( Cumulative )
22 - 23	NIL ( Import of fully assembled cars )	-	-
23 - 24	KDU – Knocked Down Units ( Add Assy Hours )	5	5
24 - 25	Tyres / Chasis / Body / Electricals  / Windows / Dashboards ..etc	10	15
25 - 26	Li-ion Battery	40	55
26 - 27	Sensors - Cameras – GPS locators	15	70
27 - 28	Autonomous Navigation Devices ( Radar – Lidar  )	20	90

 

NOTES :

Ø  Above mentioned list of components / sub-assys / Assys etc., is only illustrative. Tesla may expand

Ø  For each component / sub-assy.,Tesla would need to provide CIF prices ( $ and Rs ), if imported , and providing names of its own current suppliers of each ( country-wise )

Ø  Value Addition must be shown as a percentage of the final Ex-Factory selling price of Model 3

Ø  In case of depreciation of Rupee vis-à-vis Dollar , local value addition must not suffer ( get reduced )

Ø  Tesla should file with GOI, a quarterly RETURN , showing current value addition and cars sold   

 Dear Elon ( press@tesla.com ),

Ø  You claim that Tesla purchased from India, parts worth $ 100 million, SO FAR

Ø  Assuming that these purchase covered past 2 years, that works out to $ 50 million / year

Ø  I further assume that , during 2022 – 23, you will import / sell some 5,000 Model 3 in India, for a total CIF value of $ 200 million ( @ $ 40,000 per car )

Ø  Dividing $ 50 million by $ 200 million = 25 %

Ø  Goes to show that, if the same parts were used for “ locally assembled “ cars, it would amount to a “ local value addition “ of ( as high as ) 25 % , in the very FIRST YEAR itself !

I urge your Business Development Team, to go through my following earlier e-mails to help formulate your ENTRY STRATEGY for India

With regards,

Hemen Parekh  /  hcp@RecruitGuru.com  /  15 Aug 2021

Earlier E Mails :

Ø  Welcome ! Elon Musk………………………………………….. [ 10 Feb 2017 ]

Ø  From ELON to ION ………………………………………………..[ 11 May 2017 ]

Ø  ENABLE ELON TO CATALYSE ! ……………………………..[ 15 June 2017 ]

Ø  Is it NOW or NEVER ? …………………………………………..[ 23 June 2017 ]

Ø  Elon : Hesitation Can Hurt ! …………………………………[ 03 July 2017 ]

Ø  Elon : Widow Opens(Door is not closed, either)…..[ 07 July 2017 ]

Ø  India : Energy Storage Mission …………………………….[ 04 Dec 2017 ]

 

Ø          A  Phased  Manufacturing  Program  ?.................[ 23 Apr 2018 ]

 

Ø  ARA & M Ltd ?................................................. [ 02 Oct 2020 ]

Ø  Fastest Finger First ?........................................ [ 07 Oct 2020 ]

Ø  The Race is on ! ………………………………………….[ 23 Oct 2020 ]

Ø  Enough to entice Elon ? ………………………………………..[ 03 Nov 2020 ]

Ø  Luck does not happen ! ………………………………………….[ 04 Nov 2020 ]

Ø  Musk may not care……………………………………… [ 16 Nov 2020 ]

Ø  To beat OR not to beat ?.....................................[ 29 Dec 2020 ]

Ø  At long last, TESLA is here ! ……………………………………[ 13 Jan 2021 ]

Ø  Elementary, my dear Watson ! ………………………..[ 17 Jan 2021 ]

Ø  Elon Musk : We offer a GREEN CARPET ……………..[ 03 Mar 2021 ]

Ø  Can TESLA beat MATAM ? …………………………………….[ 24 July  2021 ]

Ø  Hey, Elon seems to have a case ! ……………………………[ 27 July 2021 ]

Ø  Import Duties : Time to get Rational………………… [ 27 July 2021 ]