Gandhi On Sale?

                      

       

My first reaction, while watching a debate on Timesnow, was, Gandhi has already been sold!!!! The debate has raised a question, Should Gandhi's blood stained soil and other belongings of Gandhis be auctioned? It gathers mix reaction from business community. But, the politicians and so called Gandhian who has already sold him on the name of vote, are unequivocally branded it as cheap attempt to gain publicity mongers attack on Gandhism. The opposition attacked the government for not taking any appropriate step for it. Anyway, i am not writing it on political point but there is a legal question connected to it, Who has superior 'title' over Gandhi memorabilia? 

As of now, there is no attempt made by any person, either Indian Government or Gandhi's family member, for claiming a title over these memorabilia. Interestingly, no one has approached the court for stay of the auction. I believe Government of India has superior title of these memorabilia. I strongly believe that there are ample provisions under English as well as Indian law and Public International Law which can decide the issue and these memorabilia would be given to Government of India. The question of comity will also play very important role if the matter came before the court. 

The case of Bumper Development Corp Ltd v Commissioner of Police of the Metropolis and others (Union of India and others, claimants) [1991] 4 All ER 638,   is somewhat similar to the present one. The issue involved in Bumper's case was Antique Artefacts of Lord Nataraja. The idol was made in 13th Century. The court has held that, the Temple(which was situated in India) has superior title over the artefacts than the Auction agency i.e. Bumper Ltd. 

If humanity is a religion, Gandhi is a god. I am sure that if any kind of legal proceeding will be initiated by the Indian Government, definitely the government will satisfy the court's conscience and will get the possession of Gandhi memorabilia. The government should make a museum out of it and set an example for all who strives for publicity and make a money out of a 'God of Humanity.' 

What is heart shattering is, the fact that the congress led UPA is in power and a chairperson of UPA is Sonia 'GANDHI'. Indian National Congress has been winning election on the name of GANDHI and by the name of GANDHI. Still, there is no step was taken by the Government. 

The blood which was stained in the soil is invisible so as the blood stained on khadi kurta of politicians. Hey Ram!

Moral of the Story:  Gandhi 'a person' has been murdered by GODSE, Gandhi 'an ideology' has been killing by politicians.

   

Foreign Direct Investment and India

With a big backlash against retrospective tax, is the India story over? 

This was the moot question discussed in one of the TV debate. Since, the finance Minister introduce new amendments regarding 'Retrospective Tax', every single day media giants crying foul. They just try to convince the government (on whose behalf?!? I hope Indians are that smart to make their assessment) that retrospective tax will hamper our position as an investment friendly country and FDI flaw will stop pouring in. I believe its premature to make out investors mind. After all, Investors don't invest only on the basis of tax system of the country. There is no doubt that the question here is more about 'amendment' and 'retrospective tax'. It is indirectly associated with 'Rule of Law' issue. In terms of Legal issues, it is the major one. 

There are more issues are attached which alarming the investors about Indian state governance. Non - Compliance of Bilateral Investment treaty(BIT), rampant Corruption, 2G case, political instability. and many more. But, the fact still remains that India has offer more than any democratic country. The 'Dabhol Power Plant(Enron) Case' was the first  celebrated case where BIT  was invoked and International arbitration was commenced. Though, International Arbitration in Dabhol case was not at all a good experience for Enron; but, its altogether a different issue. 

Indeed, Investors will take this amendments seriously and they may consider it as one of the 'negative' factor for why - not-invest- in- India. They dont read between the lines they will analyse it and they will reach to much wider question of 'Rule of Law'. The Supreme Court has already decided the case in favour of Vodafone now what prompted the finance minister to make an amendment which will ultimately nullify the Supreme Courts' Judgement. The situation itself speaks about the oblique motive of government. Though, The amendment is constitutionally and legally valid and there were more than 5 instances when retrospective amendments were introduced. Although, It is uncalled for but not unusual in India. 

Moral of the story: Retrospective Tax..Speculative Media......Introspection time for Government.....Wandering Investors...!!!