When Justice Kumarasamy announced the verdict of an 18 year long Disproportionate Asset case, it’s a huge relief and landmark in Jayalalithaa’s Political career. She might even describe the verdict as her best victory against any odds to date. But is the verdict really a victory for Honesty and Trustworthiness the people have on Indian Judiciary? It will be a big no.

Jayalalithaa Sasikala

I am not here to criticize any judgement, but just going to analyze the verdict pronounced. All excerpts will be from the Judgement copy available and made public.

The 10% Path

  • “It can be stated without any fear of contradiction that corruption is not to be judged by degree, for corruption mothers disorder, destroys societal will to progress, accelerates undeserved ambitions, kills the conscience, jettisons the glory of the institutions, paralyses the economic health of a country, corrodes the sense of civility and mars the marrows of governance.”
  • This is what the Supreme Court of India has statement in its Judgement in the corruption case of Niranjan Hemchandra Sashittal in the year 2013.
  • Krishnanand Agnihotri, an Income Tax officer during the period 1949-1962 was charged with Disproportionate Asset and corruption case. In the year 1976, the Supreme Court of India acquitted him stating the excess asset when compared to the declared earnings is comparatively small (Less than 10%).
    • But before looking at the 10% we need to look at the values.
    • His total declared annual Income was Rs. 1,27,715.43 and his total assets worth to that date was Rs. 55,732.25.
    • Court stated clearly that there is possibility of ups and downs on daily accounting of the central government employee and considering the amount of assets to be less and negligible he is acquitted.

Jayalalithaa’s verdict is based on this Krishnanand Agnihotri verdict. But where is Rs. 55,000 and where Crores that’s being declared in this case is.

The Andhra Formula

Corruption

  • Judge Kumarasamy Judgement states an example of Andhra Pradesh Government Circular. The circular states that Andhra Pradesh Government employees can hold wealth beyond upto 10 to 20% of their earnings.
  • For Kumarasamy to use this circular as an example, this circular should have been by Tamil Nadu government, or by Karnataka Government where the case is held or at least by the Central Government.
  • Tomorrow the new government can increase of decrease this value in their circulars. In that case why do we need Anti-Corruption Department?
  • Judge Kumarasamy failed to understand that Circulars and Government Laws and Acts are different altogether.
  • A law is framed by Legislation. If individual state governments issue circulars against a law and that is being used by Judiciary for their judgements why do we need those spineless laws?

Gifts and Recommendations

Gifts

  • Judge Kumarasamy has stated gifts given to leaders in TamilNadu is a customary affair. With this reason he has considered all the gifts and recommendations received by Jayalalithaa & Co as their declared income.
  • My question is will the court accept all customary practices as correct and use and give that as a verdict.
    • Jallikattu is a customary practice in TamilNadu
    • Multiple marriages by a person is a custom in early days
    • Child marriages are a customary practice in India
    • Dowry is a customary practice in India
  • Can the IAS and IPS officers receive Cars and Diamonds as gifts and give the same reason and make an escape?
  • It is a law that a government servant should return the gifts and recommendations received during his tenure to the government treasury. Guess Judge Kumarasamy skipped that page during his studies and practice.

Bride’s Family and the Dowry

Dowry Jayalalithaa

  • Judge Kumarasamy has again taken the Custom scale in his verdict.
  • He has stated that in TamilNadu it’s a customary practice for Bride’s family to conduct and spend for the marriage. And he has rejected all the amount in that expense even without considering the proof and witness statements.
  • If that’s the case, every state or even every village has their own marriage rituals. Can the Judiciary recommend Indian Legislation to frame individual laws for individual tribes?

Loans are Income

Jayalalithaa Loan

  • Judge Kumarasamy has considered all loans taken by Jayalalithaa & Co as their loans.
  • Even in this he has failed to consider the Actual loan amount received. He has just considered the sanctioned amount.
    • Considering this, if Suppose I take a 50L Home loan. Will the home loan be added up to my income? Then what about the house which I bought? Meaning my income calculation is doubled?
    • Considering this, if Suppose I take a 5L Personal loan. When this PL is added to my income, what about the Tax about supposed to pay? Does that increase?
    • What about the Interest I pay on these loans? My expense. This is totally a reverse of actual financial procedures followed till date. I firmly believe Judge Kumarasamy is not a finance graduate.
  • Judge has also not considered the fact of to what purpose the loan amount is being used. Will I be able to take a business loan, not do any business, but repay the loan with interest after six months? What exactly am I doing with that money? How am I supposed to declare it to the Income Tax? No answer what so ever in the judgement.

Political Vendetta

Jayalalithaa Vendetta

  • Judge Kumarasamy has stated this case to be the one of political vendetta.
  • We can agree Kalaignar Karunanidhi and Anbhazhagan are front runners in making this case possible. But not to forget it was first filed by Subramanian Swamy. Also who else could file a case then? Only DMK was in power that time and only they are supposed to do it.
  • This judgement could set a bad example. Meaning even ADMK cannot file a case against DMK cadres during their rule. That too would be considered as political vendetta.
  • Supreme Court has clearly stated on 18.11.2003 that opposition parties need to act as watch dogs and should keep a check on unlawful activities of the ruling party. That was what being done by DMK in this case.

Disclaimer:

Jayalalithaa Judgement

Bar Council has warned every Indian citizen that they will file a case if there is any talk against Kumarasamy Judgement. Thanks to their sincere effort to save justice. This post / article is mainly an analysis of the judgement as what would any other lawyers or citizen would do. If they feel this to be offensive they sure can file a case, provided if those bar council members are ready to face the counter case be filed upon them for their comments against Kunha Judgement. Thanks to internet and social media proofs are available abundant.


­­­­­After the previous post on Daily Maintenance of a Car, here I have compiled and described few basic maintenance tips to take care of one’s bike (Two Wheelers).

Two Wheeler Maintenance

Bike Wash

  • At least once a week, the bike needs a complete wash.
  • There is no compulsion of taking the bike to service stations to wash it, it’s easy and you can do it on your own.
  • If there is any mud or sediments, remove and clean it with water. Only then you could find out if there is any oil leak in engine or gear box or suspension.
  • Have a regular check on the distilled water level in batteries.
  • Keep an eye on the tyre pressure levels on both the wheels. Fill it to prescribed value at regular intervals.

For Bikes with Self-Start

  • Do not use the self-start when you start the bike for the first time in the day. Kick start is suggested as the engine would have cooled down and self-start wouldn’t work immediately and there will be a huge drain in battery if you use it continuously.
  • This helps in long life of the battery and also the self-start motor.
  • At an average if you use the self-start once, you need to drive the vehicle at least for 20kms for the battery to be recharged with an equivalent charge. So if short distance travel always use kick starts unless there is an emergency.

Engine and Engine Oil

Two Wheeler Engine Oil

  • When you start the bike for the first time in a day, give it some idling time for the engine oil to circulate fully. Do not try to give continuous throttle that might damage the engine.
  • Keep a check on the Viscosity of the engine oil. Always replace it at prescribed Kilometer interval or once in three months whichever is earlier.
  • Always use the suggested grade engine oil. Do not try to top-up with any other grade engine oil other than what is prescribed for your bike.

Tyres

Two Wheeler Tyres

  • Normal life of a Bike tyre is 35,000 to 40,000kms. But in some bikes the tyres last only for 20,000kms.
  • Frequent punctures are a symptom of tyre weakening and is prescribed to change the tyre.
  • Do not try to use the tyres continuously even after the treads are worn out. It’s dangerous as there won’t be any grip.

Clutch

Two Wheeler Clutch Plate

  • Use the Clutch level only to change gears.
  • If you keep pressing the clutch level even when driving, the full power of the engine won’t be transmitted to the wheels and has a greater impact on mileage.
  • Regular adjustment of the lever cable, based on the wear and tear of clutch plates is necessary. Do this for at least once in a month.
  • Continuous use of worn out clutch plates can damage the gear box.

Chain and Chain Sprocket

Two Wheeler Chain

  • One of the most important component part of a bike. Always take care that the chain is not too tight or too loose. It has to be set at the optimum level.
  • Make it a habit to adjust the chain at least once in a month.
  • Frequent cleaning and oiling of the chain helps it last long.
  • For those bikes which has Naked Chains, it is suggested to use sprays instead of oiling.
  • Keep a check on the sprocket tooth. If it’s worn off it needs to be adjusted. If it has worn off too much it is suggested to replace it. Normal life of a Chain Sprocket is 30,000-35,000kms.

Spark Plug

Iridium Spark Plug

  • Even though spark plug would be the first part to be cleaned by a mechanic, it is always suggested to keep a check on it at regular intervals. Once in a month to say.
  • Always keep a spare spark plug at your disposal (in the bike).
  • Suggested to opt for iridium spark plugs. They are a bit costlier than common ones but has longer life.

Suspension

Two Wheeler Suspension

  • Do not over load your vehicle. The first part to be damaged due to over load is suspension.
  • If a suspension is damaged it affects the overall functionality and experience of a bike. It affects everything including break functionality, mileage and overall performance.
  • Damaged suspension leads to human inconvenience with back pain, neck pain and hand pain.
  • It is highly suggested to replace a shock absorber if it’s damaged. It is not recommended to recondition the damaged shock absorber and reuse it.
  • If there is any oil leakage in front fork suspension, it is suggested to repair it immediately. Else the oil might drain completely resulting in damage of the fork. Repairing a fork is similar to breaking our hand and plastering it. It will be the same as original.

Wheels

Motor Cycle Wheels

  • Always drive with right pressure on both the tyres.
  • Do not drive if the tyre is punctured. This would lead to bending of the wheels.
  • Alloy wheels do not bend easily, but if it bends it can’t be repaired.
  • Fork wheels bends can be repaired, but drive experience won’t be the same as original.
  • Driving the bike with bent wheels might lead to chain sprocket damage, uneven wear n tear of the tyres, and affects the overall performance of the bike.

Electrical and Wiring

  • Keeping the bike away from rain to the extent possible, would do good to the overall life of the electrical appliances of the bike.
  • If you are trying to replace the bulbs with one of high volt, or replacing or additionally fixing a horn, make sure the battery and regulator have the power to handle the same. Else regulator would get damaged.

Brakes

Motor Cycle Brake

  • Do not use the brake as your leg rest. Do not press the break levers unless it is necessary. This helps improve the life of brake pads.
  • Do not drive with brakes pressed, this results in overheating and could damage the brake drum.
  • Many don’t understand the fact that even the engine is a brake. During emergency braking do not press or hold the clutch. If clutch is used in parallel with braking, the breaking distance increases.
  • Always use both the brakes simultaneously.
  • In case of Disc Brakes, it is necessary to keep a check on the brake fluid level. Also make sure there is no mud accumulated in brake discs.

Air Filter

Two Wheeler Air Filter

  • Clean the air filters at least once in two months.
  • Also replace the air filters at regular prescribed intervals.
  • If air filter is not cleaned properly, there is chance of dust/dirt entering the engine and would lead to damage of the engine.

Carburetor

Motor Cycle Carburetor

  • Carburetor is a part where air and fuel gets mixed. Many has the habit of adjusting the screws in carburetor on their own if the bike doesn’t start. Do not do this. The position of the screws determines the quantity of the air and fuel to be injected into the engine. Altering that to your convenience would have drastic effect on engine performance. Always leave that job to a mechanic.
  • If using a choke make sure you use it only rarely, like early morning start or only when you have a starting trouble. A choke is designed to provide lesser air and more petrol to the engine. So make sure it’s off when you ride.

Accessories

Moto Cycle Accessories

  • Many would buy out fancy accessories when they get a new bike.
  • Depends on one’s choice, but always suggested that do not opt for fashion hand grips, seat covers.
  • Reason being, those are designed ergonomically to provide stability while driving. The new hand grip would give that flexibility as the provided stock one.
  • Same is with seat covers. Stock covers are designed in such a way that you don’t slip off your seats while you break. They give the grip and flexibility to the rider. One can’t expect the same ergonomics with aftermarket products.
  • Also do not overload the bike with accessories. Overloading results in lesser performance and lesser mileage.