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2203 Fri 20 Apr 2017 LESSONS dukkha (unsatisfactoriness), anicca (impermanence), and anatta (egolessness). nowhere in Samsara is there real freedom, not even in the heavens or the world of Brahama. Anguttara Nikaya Cakkavatti Sihananda Sutta Kutadanta Sutta Dasa Raja Dharma Milinda Panha Aṅguttara Nikāya — The discourses of one additional factor — Finally, the wheels of justice are turning in the Babri Masjid demolition case,” the IE editorial, at sl. no. II below, rightly points out. But, after a huge delay. BSP to fight Uttar Pradesh urban body polls on party symbol after 22 years
Filed under: General, Sutta Pitaka, Tipiṭaka, ತಿಪಿಟಕ (ಮೂಲ)
Posted by: site admin @ 2:35 am

2203 Fri 20 Apr 2017 LESSONS


dukkha (unsatisfactoriness), anicca (impermanence), and anatta (egolessness).


nowhere in Samsara is there real freedom, not even in the heavens or the world of Brahama.


Anguttara Nikaya


Cakkavatti Sihananda Sutta


Kutadanta Sutta


Dasa Raja Dharma

Milinda Panha


Aṅguttara Nikāya
— The discourses of one additional factor —

Finally, the wheels of justice are turning in the Babri Masjid
demolition case,” the IE editorial, at sl. no. II below, rightly
points out. But, after a huge delay.

BSP to fight Uttar Pradesh urban body polls on party symbol after 22 years

Correct translation of the word Dukkha, is ‘A wheel that turns and doesn’t sit on its hinge correctly’. Or a ’squeaky wheel’.

To think of the word ’suffering’ and how its used in our vernacular,
it conjures up images of hospital beds, extreme pain, wailing and
gnashing of teeth. Anyone who has had a little joy in life knows that
this is indeed not the case.

“Life is conditioned by” or “Life is permeated by” Dukkha. Namely, that
nothing is ultimately lasting or satisfactory - even if for a little
while it may be joyful, pleasant or joyless and unpleasant.

By practicing the eightfold path, and performing/cultivating skilful
acts will more often than not lead to a condition of ‘Sukkha’, or
relative joy and calm.


Meditating on this for a while, it’s rung truer. Life is
conditioned by things being a pain.


In knowing this underlying condition, that ultimately all things must
pass, and ultimately, nothing cognised through the six sense bases - or
the five aggregates of clinging - is truly lasting or satisfying, one
is able to be unhinged from the clinging (thirst, or Tanha) that causes
Dukkha.


https://archive.org/download/AnguttaraNikaya


Index of /35/items/AnguttaraNikaya/

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Anguttara Nikaya.djvu               14-Feb-2016 18:06     59.8M
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AnguttaraNikaya_meta.sqlite         05-May-2016 15:14     11.0K
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https://ia600206.us.archive.org/35/items/AnguttaraNikaya/Anguttara%20Nikaya.gif


https://ia600206.us.archive.org/35/items/AnguttaraNikaya/Anguttara%20Nikaya.gif

https://ia600206.us.archive.org/35/items/AnguttaraNikaya/Anguttara%20Nikaya.pdf

http://economictimes.indiatimes.com/news/politics-and-nation/bsp-to-fight-uttar-pradesh-urban-body-polls-on-party-symbol-after-22-years/articleshow/58262526.cms


https://de.pinterest.com/pin/549579960760335401/

“It is in the nature of things that joy arises in a person free from remorse.”   ~ The Buddha [Cetana Sutta, Anguttara Nikaya]  ॐ lis:
Bellos colores:
:


Aṅguttara Nikāya
— The discourses of one additional factor —
[ aṅg: factor | uttara: additional ]

http://www.buddha-vacana.org/sutta/anguttara.html


Aṅguttara Nikāya

— The discourses of one additional factor —
[ aṅg: factor | uttara: additional ]

The Aṅguttara Nikāya contains thousands
of short discourses, which have the particularity to be structured as
enumerations. It is divided into eleven sections, the first dealing with
enumerations of one item, the second with those of two items etc. The
Buddha, having never made use of writing, asked his listeners to be
attentive and to memorize his instructions. In order to make his words
as clear as possible and to facilitate this memorization, he often
presented his teaching in the form of enumerations.


Nipātas


1. Ekaka Nipāta        7. Sattaka Nipāta
2. Duka Nipāta        8. Aṭṭhaka Nipāta
3. Tika Nipāta        9. Navaka Nipāta
4. Catuka Nipāta        10. Dasaka Nipāta
5. Pañcaka Nipāta        11. Ekādasaka Nipāta
6. Chakka Nipāta


——————oooOooo——————



1. Ekaka Nipāta

Rūpādi Vagga (AN 1.1-10) - word by word
There are five types of sense objects that overpower the mind of (most) human beings more than any others.
Nīvaraṇappahāna Vagga (AN 1.11-20) - word by word
The five dhammas that nourish most efficiently the five hindrances, and the five most effective ways to dispell them.
Akammaniya Vagga (AN 1.21-30) - word by word
The mind can be our worst enemy or our best friend.
Adanta Vagga (AN 1.31-40) - enhanced translation
The mind can be our worst enemy or our best friend.
Udakarahaka Suttas (AN 1.45 & 46) - enhanced translation
The difference between a clear mind and a muddy one.
Mudu Sutta (AN 1.47) - enhanced translation
A simile for a mind that’s pliant.
Lahuparivatta Sutta (AN 1.48) - enhanced translation
The Buddha, normally so adept at finding similes, is here at a loss.
Accharāsaṅghāta Peyyāla (AN 1.53-55) - word by word
Practicing goodwill makes one worthy of gifts.
Kusala Suttas (AN 1.56-73) - word by word
What produces and what eliminates wholesome and unwholesome mental states.
Pamāda Suttas (AN 1.58-59) - enhanced translation
Nothing is so disadvantageous as this.
Pamādādi Vagga (AN 1.81-97) - word by word
The Buddha repetedly warns us against heedlessness.
Kāyagatāsati Vagga (AN 1.563-574) {excerpts} - enhanced translation
The Buddha speaks in high praise of the mindfulness directed to the body.
——————oooOooo——————


2. Duka Nipāta

Appaṭivāna Sutta (AN 2.5) - enhanced translation
How we ought to train ourselves if we wish to reach awakening.
Cariya Sutta (AN 2.9) - enhanced translation
What is it, after all, that guarantees harmony, politeness,
honesty, brotherhood in a word peace within a given society? The Buddha
explains here which are the two guardians of the world.
Ekaṃsena Sutta (AN 2.18) - enhanced translation
Here is one thing that the Buddha declares categorically.
Vijjābhāgiya Sutta (AN 2.32) - word by word
Here the Buddha relates Samatha with rāga and cetovimutti, and Vipassanā with avijjā and paññāvimutti.
——————oooOooo——————



3. Tika Nipāta

Kesamutti [aka Kālāmā] Sutta (AN 3.66) - word by word
In
this famous sutta, the Buddha reminds us to ultimately trust only our
own direct experience of the reality, not what is declared by others,
even if they happen to be our ‘revered teacher’.
Sāḷha Sutta (AN 3.67) - enhanced translation
The advice given here is very similar to that given to the Kalamas.
Aññatitthiya Sutta (AN 3.69) - enhanced translation
The
three roots of the unwholesome are explained with their respectve
characteristic, the cause of their arising, and the way to bring about
their cessation.
Uposatha Sutta (AN 3.71) - enhanced translation
In this sutta, the Buddha defines how lay people should practice Uposatha and describes the different types of devas.
Sīlabbata Sutta (AN 3.79) - enhanced translation
Ānanda explains by which very simple creteria rites and rituals can be judged as beneficial or not.
Samaṇa Sutta (AN 3.82) - enhanced translation
Here are the three ascetics tasks of an ascetic.
Vajjiputta Sutta (AN 3.85) - enhanced translation
A
certain monk cannot train with so many rules. The Buddha explains him
how he can do without them, and it works out rather well.
Sikkhattaya Sutta (AN 3.90) - word by word
The Buddha defines the three trainings, i.e. adhisīlasikkhā, adhicittasikkhā and adhipaññāsikkhā.
Accāyika Sutta (AN 3.93) - enhanced translation
Three urgent tasks of an ascetic which are like three urgent tasks of a farmer.
Sikkhattaya Sutta (AN 3.91) - word by word
Here the Buddha gives an alternate definition of adhipaññāsikkhā.
Paṃsudhovaka Sutta (AN 3.102) - few info·bubbles
In
this sutta, the Buddha compares the removal of mental impurities
through the practice to the work of a goldsmith. It is particularly
interesting, because it provides a gradual exposition of the impurities
one has to deal with during the practice, which gives an useful
reference.
Nimitta Sutta (AN 3.103) - few info·bubbles
Do
you find yourself nodding off or becoming overly agitated during your
meditation practice? This is a very useful discourse for the meditators
who wish to balance the two corresponding spiritual faculties of effort
and concentration, together with equanimity. Many of us would benefit
substantially from applying properly these instructions.
Ruṇṇa Sutta (AN 3.108) - word by word
Here
the Buddha explains what is singing and dancing in the discipline of
the noble ones, and then gives his instrunction regarding laughing and
smiling.
Atitti Sutta (AN 3.109) - enhanced translation
Three wrong things, of which many are unfortunately fond, that can never bring about satiety.
Nidāna Sutta (AN 3.112) - enhanced translation
Six causes, three wholesome and three unwholesome, to the arising of kamma.
Kammapatha Sutta (AN 3.164) - word by word
It is demonstrated here that the view according to which there is nothing wrong in being non-vegetarian is erroneous.
——————oooOooo——————



4. Catukka Nipāta

Yoga Sutta (AN 4.10) - enhanced translation
What the Buddha means when he talks about yoga and yogakkhema (rest from the yoke).
Padhāna Sutta (AN 4.13) - word by word
In this sutta, the Buddha gives a definition of the sammappadhānas.
Aparihāniya Sutta (AN 4.37) - enhanced translation
Four simple practices that make one incapable of falling away, right in the presence of Nibbāna.
Samādhibhāvanā Sutta (AN 4.41) - word by word
The
four types of concentration that the Buddha commends. It is quite
obvious here that no clear distinction is made between samādhi and
paññā.
Vipallāsa Sutta (AN 4.49) - word by word
In this sutta, the Buddha describes the fourfold distortion of saññā, citta and diṭṭhi.
Appamāda Sutta (AN 4.116) - simple translation
Four instances in which one should practice with assiduity.
Ārakkha Sutta (AN 4.117) - simple translation
Four things to be undertaken with assiduity, mindfulness while protecting the mind.
Mettā Sutta (AN 4.125) - enhanced translation
Here
the Buddha explains what kind of rebirth one who thoroughly practices
the four Brahmavihāras can expect, and the great advantage of being his
disciple.
Asubha Sutta (AN 4.163) - enhanced translation
The
four ways of practicing, according to the type of practice chosen and
the intensity or weakness of strengths and spiritual factulties.
Abhiññā Sutta (AN 4.254) - without translation
How the Noble Path works with the abhiññā pertaining to various dhammas as a guest-house welcoming various kinds of visitors.
Arañña Sutta (AN 4.262) - enhanced translation
What sort of person is fit to live in the wilderness?
——————oooOooo——————



5. Pañcaka Nipāta

Vitthata Sutta (AN 5.2) - without translation
Here the Buddha defines in detail what he calls the five
Sekha-balas (strenghs of one in training). This sutta is easily
understandable without requiring a parallel translation, if you refer to
the Satta saddhammā Formulae as will be suggested in the text. The Pali-English Dictionary is also available, just in case.
Vitthata Sutta (AN 5.14) - word by word
Here are defined the five balas.
Samādhi Sutta (AN 5.27) - enhanced translation
Five uplifting knowledges that occur to one who practices the boundless concentration.
Akusalarāsi Sutta (AN 5.52) - enhanced translation
Speaking rightly, what should be called ‘accumulation of demerit’?
Abhiṇhapaccavekkhitabbaṭhāna Sutta (AN 5.57) {excerpt} - word by word
How to consider one’s own kamma.
Anāgatabhaya Sutta (AN 5.80) - enhanced translation
The
Buddha reminds the monks that the practice of Dhamma should not be put
off for a later date, for there are no guarantees that the future will
provide any opportunities for practice.
Sekha Sutta (AN 5.89) - without translation
The
Buddha reminds us of five things that deteriorate the practice, which
for anyone wishing to progress in the training are nearly as important
to know about, remember and integrate into our lifestyles as the
knowledge of the five standard nīvaraṇas.
Sekha Sutta (AN 5.90) - enhanced translation
Five attitudes that lead to the deterioration of the practice.
Sutadhara Sutta (AN 5.96) - enhanced translation
Five qualities the lead one practicing mindfulness of breathing to liberation in no long time.
Kathā Sutta (AN 5.97) - enhanced translation
Five qualities the lead one practicing mindfulness of breathing to liberation in no long time.
Āraññaka Sutta (AN 5.98) - enhanced translation
Five qualities the lead one practicing mindfulness of breathing to liberation in no long time.
Andhakavinda Sutta (AN 5.114) - enhanced translation
Five things that the Buddha exhorted his newly ordained monks to do.
Samayavimutta Sutta (AN 5.149) - without translation
Five conditions under which one who has gained ‘occasional liberation’ will backslide.
Samayavimutta Sutta (AN 5.150) - without translation
Another set of five conditions under which one who has gained ‘occasional liberation’ will backslide.
Vaṇijjā Sutta (AN 5.177) - enhanced translation
The Buddha specifies here five trades which should not be carried on by his lay followers, among which the business of meat.
Gihī Sutta (AN 5.179) - enhanced translation
In
this sutta, the Buddha gives greater precision about the way in which
the four usual sotāpattiyaṅgas have to be internalized in order to
constitute the proper conditions for sotāpatti.
Nissāraṇīya Sutta (AN 5.200) - enhanced translation
This sutta declines five types of nissāraṇas.
Yāgu Sutta (AN 5.207) - enhanced translation
The Buddha gives five advantages of eating rice-gruel.
Dantakaṭṭha Sutta (AN 5.208) - enhanced translation
The Buddha gives five reasons to use a tooth-cleaner.
Gītassara Sutta (AN 5.209) - word by word
This
sutta has been largely overlooked by the various buddhist traditions:
the Buddha explains why he does not allow the bhikkhus to perform any
melodic chanting.
Muṭṭhassati Sutta (AN 5.210) - enhanced translation
The disadvantages of falling asleep without proper sati and sampajañña, and the respective advantages of doing so with them.
Duccarita Sutta (AN 5.241) - enhanced translation
Five dangers of duccarita (bad conduct) and five advantages of sucarita (good conduct).
Duccarita Sutta (AN 5.245) - enhanced translation
Another sutta about the five dangers of duccarita and five advantages of sucarita.
Sivathika Sutta (AN 5.249) - enhanced translation
Five ways in which an ill-conducted person can be similar to a charnel ground where people throw dead bodies.
Puggalappasāda Sutta (AN 5.250) - enhanced translation
Here is a rare warning given by the Buddha about the dangers of placing confidence in anyone.
Rāgassa abhiññāya Sutta (AN 5.303) - enhanced translation
Five things to be practiced for the direct knowledge of rāga.
——————oooOooo——————



6. Chakka Nipāta

Bhaddaka Sutta (AN 6.14) - few info·bubbles
Sāriputta
explains what makes the difference between a bhikkhu whose death will
be unauspicious and one whose death will be auspicious.
Anutappiya Sutta (AN 6.15) - few info·bubbles
Sāriputta
explains what makes the difference between a bhikkhu whose death will
be remorseful and one whose death will be remorseless.
Maraṇassati Sutta (AN 6.20) - enhanced translation
This sutta explains in detail how to practice the mindfulness of death.
Sāmaka Sutta (AN 6.21) - few info·bubbles
Prompted
by the intervention of a deva, the Buddha reveals the six ageless ways
by which bhikkhus deteriorate in kusala dhammas.
Aparihāniya Sutta (AN 6.22) - few info·bubbles
Six dhammas connected to non-deterioration. Another set of very useful dhammas for keen practitioners.
Himavanta Sutta (AN 6.24) - enhanced translation
Six qualities undowed with which a meditator would reportedly break into pieces the Himalayas.
Anussatiṭṭhāna Sutta (AN 6.25) - enhanced translation
This sutta defines what are the six subjects of recollection.
Sekha Sutta (AN 6.31) - without translation
The Buddha explains which are the six dhammas leading to the deterioration of a bhikkhu under training.
Nāgita Sutta (AN 6.42) - enhanced translation
While
dwelling in a forest grove, the Buddha speaks in praise of modesty,
contentment, unentanglement, and seclusion in the wilderness.
Dhammika Sutta (AN 6.54) - plain texts
In
this sutta, the word tathāgata is not used to designate the Buddha but
in the common sense, which allows us a better grasp of its meaning.
Nibbedhika Sutta (AN 6.63) - plain texts
This
sutta provides an interesting systematic analysis of Kāma, Vedanā,
Saññā, Āsavā, Kamma and Dukkha. Each of these terms is defined and then
described witht the pattern of the four ariya-saccas.
Anavatthitā Sutta (AN 6.102) - enhanced translation
Six rewards that should act as a motivation for establishing the perception of anicca.
Atammaya Sutta (AN 6.104) - enhanced translation
Six rewards that should act as a motivation for establishing the perception of anatta.
Assāda Sutta (AN 6.112) - enhanced translation
How to eradicate the view of enjoyment, the view of self, and wrong view in general.
Dhammānupassī Sutta (AN 6.118) - word by word
It
is worth having repeated the message given in this sutta: six habits
without abandoning which it is not possible to practice the
satipaṭṭhānas properly. Quite some cleaning may be advisable here.
——————oooOooo——————



7. Sattaka Nipāta

Anusaya Sutta (AN 7.11) - plain texts
Here are listed the seven anusayas.
Anusaya Sutta (AN 7.12) - enhanced translation
On abandoning the seven anusaya (obsessions or latent tendencies).
Saññā Sutta (AN 7.27) - enhanced translation
Seven perceptions that lead to the long-term welfare of the bhikkhus and prevent their decline.
Parihāni Sutta (AN 7.28) - enhanced translation
Seven points on which a bhikkhu in training may decline or not.
Parihāni Sutta (AN 7.29) - enhanced translation
Seven points of behavior on which a lay follower may decline or not.
Vipatti Sutta (AN 7.30) - enhanced translation
Seven points of behavior on which a lay follower may meet his/her failure or success.
Parābhava Sutta (AN 7.31) - enhanced translation
Seven points of behavior on which a lay follower may meet his/her ruin or prosperity.
Saññā Sutta (AN 7.49) - enhanced translation
Seven inner reflections that are well worth pursuing.
Nagaropama Sutta (AN 7.67) - plain texts with Pali Formulae
Here the Buddha uses an enlightening simile to explain how seven
good qualities that should be mastered by the trainee in order to be
successful work together to prevent the troops of Māra (ie. akusala
dhammas) from entering the fortress of the mind.
Satthusāsana Sutta (AN 7.83) - word by word
Here is a very concise sevenfold instruction to discriminate what is the Teaching of the Buddha from what is not.
——————oooOooo——————



8. Aṭṭhaka Nipāta

Nanda Sutta (AN 8.9) {excerpt} - word by word
The Buddha describes how Nanda, though being prey to fierce
sense desire, practices throroughly in accordance to his instructions.
This sutta contains a definition of satisampajañña.
Mahānāma Sutta (AN 8.25) {excerpt} - word by word
Mahānāma asks the Buddha to define what is a lay follower and in what respect a lay follower is expected to be virtuous.
Anuruddhamahāvitakka Sutta (AN 8.30) - few info·bubbles
Seven
wise thoughts which are truly worth understanding and remembering occur
to ven. Anuruddha. The Buddha comes to him to teach him the eighth,
endowed with which he will attain arahantship. The Buddha then explains
in detail the meaning of those thoughts.
Abhisanda Sutta (AN 8.39) - enhanced translation
Here are eight ways in which all serious disciples of the Buddha create much merit for themselves.
Duccaritavipāka Sutta (AN 8.40) - few info·bubbles
This sutta describes the kind of suffering which one undergoes owing to the non observance of the main precepts.
Saṅkhitta Sutta (AN 8.53) - word by word
The Buddha gives here to his former nurse eight criteria to
discriminate whether a given statement belongs to his teaching or not,
which may happen to be handy nowadays.
Dīghajāṇu Sutta (AN 8.54) {excerpt} - plain texts
Among other things, the Buddha defines in this sutta what he means by generosity.
Vimokkha Sutta (AN 8.66) - enhanced translation
An explanation of the eight vimokkhas (liberations).
Parihāna Sutta (AN 8.79) - without translation
The Buddha explains which are the eight dhammas leading to the deterioration of a bhikkhu under training.
——————oooOooo——————



9. Navaka Nipāta

Nāga Sutta (AN 9.40) - plain texts
This sutta, colored with subtle humor, explains how a bhikkhu of
heightened mind is comparable to a solitary elephant, both of whom are
usually called Nāga.
Tapussa Sutta (AN 9.41) {excerpt} - plain texts
Here saññā·vedayita·nirodha, the cessation of saññā and vedanā is presented as a ninth jhāna.
Sikkhādubbalya Sutta (AN 9.63) - word by word
What to do if one is not yet perfect in the five precepts.
Nīvaraṇa Sutta (AN 9.64) - word by word
How to remove the five hindrances.
——————oooOooo——————



10. Dasaka Nipāta

Saṃyojana Sutta (AN 10.13) - plain texts
This very short sutta lists the ten saṃyojanas.
Kasiṇa Sutta (AN 10.25) - word by word
This is the standard description of the practice on the ten kasiṇas.
Girimānanda Sutta (AN 10.60) - enhanced translation
In
order to help Girimānanda recovering from a grave illness, the Buddha
gives a great teaching reviewing ten types of very useful perceptions
that can be developped.
Kathāvatthu Sutta (AN 10.69) {excerpt} - plain texts
The Buddha reminds the bhikkhus what they should not talk about and what they should talk about.
Cunda Sutta (AN 10.176) - some info·bubbles
The buddha explains a deeper meaning of purity, in kāya, vācā and mana, not in rites or rituals and demonstrates that the former underlies the latter, whose inefficiency is made obvious.
——————oooOooo——————



11. Ekādasaka Nipāta

30/03/2555
Mettā Sutta (AN 11.15) - few info·bubbles
Eleven good results that come out of the practice of mettā.
——————oooOooo——————

Bodhi leaf

BSP to fight Uttar Pradesh urban body polls on party symbol after 22 years

By PTI | Updated: Apr 19, 2017, 06.00 PM IST
“There
is a need to work with renewed vigour and missionary zeal through a new
strategy to deal with new challenges before the BSP movement,”
Mayawati said.
LUCKNOW: The BSP today decided to contest the upcoming urban body elections on the party symbol after a gap of more than two decades and stressed on dealing with fresh challenges through a new strategy.

At a meeting of party leaders of Uttar Pradesh and Uttarakhand convened by party supremo Mayawati,
detailed discussions were held on the issue of upcoming urban body
elections in the state, and it was decided that they will be contested
on the party symbol, said a statement issued here.

The
decision has been taken in view of the growth in people’s support in
urban areas as well, the release said.

“The party will try to give good results with the help of sarv samaj (entire society),” it said quoting the party chief.

The BSP has not fought the urban body polls
on party ticket after 1995 but today’s decision was taken following a
demand to this effect from its leaders who felt it was time to make the
party’s presence felt in the state.

Reviewing the
present political situation, Mayawati directed the leaders to increase
the BSP’s support base among the sarv samaj while facing new challenges,
the release said.

“There is a need to work with renewed
vigour and missionary zeal through a new strategy to deal with new
challenges before the BSP movement,” she said.

“Although
the BSP movement is on a solid footing in the state but ever since the
Assembly poll results which have not been in keeping with our hopes and
preparations, casteist and communal forces are upbeat and are spreading
rumours to demoralise our party workers,” the BSP chief said.


“To divert attention from EVM tampering, they are trying to mislead
the people through false propaganda,” she said, adding the manner in
which the BJP is working with the support of the RSS poses a risk to
democracy.

“If the Constitution and democracy are not kept
alive in true spirit, the doors to power will be closed for SC/STs and
backwards, and they will remain deprived forever,” she said.


http://indianexpress.com/…/babri-demolition-case-25-yrs-la…/

Sukla Sen sukla.sen@gmail.com [indiathinkersnet]
To foil-l
BCC indiathinkersnet@yahoogroups.com
Today at 14:53


[”Finally, the wheels of justice are turning in the Babri Masjid
demolition case,” the IE editorial, at sl. no. II below, rightly
points out. But, after a huge delay.

What, however, of significance here is the observation made by the
Supreme Court in the instant case: “In the present case, crimes which
shake the secular fabric of the Constitution of India have allegedly
been committed almost 25 years ago. The accused persons have not been
brought to book largely because of the conduct of the CBI in not
pursuing the prosecution of the aforesaid alleged offenders in a joint
trial, and because of technical defects which were easily curable, but
which were not cured by the state government”.
That’s perhaps the only silver lining of the dark clouds gathering
over the nation.]

I/II.
http://indianexpress.com/…/babri-demolition-case-25-yrs-la…/

Babri demolition case: 25 yrs later, LK Advani, Murli Manohar Joshi,
Uma Bharti face trial
Criminal conspiracy charges restored, trial moved from Rae Bareli to Lucknow

Written by Utkarsh Anand | New Delhi | Published:April 20, 2017 5:12 am

Uma Bharti on Wednesday (Source: Express Photo by Prem Nath Pandey)

Describing the demolition of Babri Masjid in Ayodhya as “crimes which
shake the secular fabric of the Constitution of India”, the Supreme
Court Wednesday put senior BJP leaders L K Advani, Murli Manohar Joshi
and Union Minister Uma Bharti on a joint trial with ‘kar sevaks’ in
the 1992 case under various charges, including criminal conspiracy to
pull down the disputed structure.

The bench of Justices P C Ghose and Rohinton F Nariman said the
Supreme Court was convinced it must use its power under Article 142 to
do complete justice in the matter and club the trial of Advani and
others with scores of kar sevaks, who are being tried at a special
court in Lucknow, so that a judgment is delivered within two years.

“In the present case, crimes which shake the secular fabric of the
Constitution of India have allegedly been committed almost 25 years
ago. The accused persons have not been brought to book largely because
of the conduct of the CBI in not pursuing the prosecution of the
aforesaid alleged offenders in a joint trial, and because of technical
defects which were easily curable, but which were not cured by the
state government,” the bench said.
While reviving the criminal conspiracy charges against the senior
leaders of the BJP and shifting their trial from Rae Bareli, the court
also ordered restoration of charges against Rajasthan Governor Kalyan
Singh and eight others in connection with the case but exempted Kalyan
Singh from prosecution on account of the constitutional immunity he
enjoys as Governor.

[Video: Ready To Face Any Punishment On Babri Masjid Says Uma Bharti]

“Kalyan Singh, being the Governor of Rajasthan, is entitled to
immunity under Article 361 of the Constitution as long as he remains
Governor of Rajasthan. The Court of Sessions will frame charges and
move against him as soon as he ceases to be Governor,” the bench said
as it allowed a CBI appeal against the dropping of conspiracy charges
against the veteran BJP leaders.

Additional Sessions Judge (Ayodhya Matters) has been directed to frame
additional charges of criminal conspiracy against Advani, Joshi,
Bharti, Vinay Katiyar, Sadhvi Rithambara and Vishnu Hari Dalmia within
four weeks. Accepting submissions by senior lawyer Kapil Sibal and
advocate M R Shamshad, who represented Haji Mehboob, one of the
original petitioners in the Ramjanmabhoomi-Babri title suit case, the
court also directed the sessions judge to conduct their trial on a
day-to-day basis from the current stage and finish it in two years
while allowing accused to recall crucial witnesses wherever required.
“There shall be no de novo (fresh) trial. There shall be no transfer
of the judge conducting the trial until the entire trial concludes.
The case shall not be adjourned on any ground except when the Sessions
Court finds it impossible to carry on the trial for that particular
date. In such an event, on grant of adjournment to the next day or a
closely proximate date, reasons for the same shall be recorded in
writing,” the bench held. Besides, the top court gave liberty to all
the parties, including the prosecution, complainants and witnesses, to
approach it directly if its “directions not being carried out, both in
letter and in spirit”.

Addition of conspiracy charges do not enhance the maximum punishment
of five years in jail, as prescribed under the alleged offences that
mainly related to promotion of enmity between different groups on the
ground of religion. But shifting of trial to a sessions judge take
away one right of appeal from the accused since the leaders were being
tried by a magisterial court in Rae Bareli and, therefore, they could
move the sessions court against the magistrate’s order at first
instance. Their appeal would now lie before the High Court.
There are two main FIRs registered in connection with the demolition —
one each in Lucknow and Rae Bareli. In Lucknow, the accused, chiefly
the kar sevaks, face charges of demolition whereas those in Rae
Bareli, including Advani and others, were being tried for allegedly
instigating the crowd through speeches.

Seeking a joint trial, the CBI had in October 1993 filed a
consolidated chargesheet against both set of accused at Lucknow but
the cases could not be clubbed for want of sanction from the High
Court before setting up a special court to try both FIRs as one case.
In 2001, the Allahabad High Court affirmed the decision that the
government’s notification was invalid due to lack of approval from the
High Court.

Since no new notification was issued by the state government after
this judgment, the Lucknow court dropped proceedings against 21
persons, which included Advani and Kalyan Singh. While Advani and
seven others continued to face trial at Rae Bareli where there was a
separate FIR against them for inciting the mob from a dais near the
site of the incident on December 6, 1992, 13 others, including Kalyan
Singh, were let off completely since no charges were pressed
separately against them at Rae Bareli after their exoneration in
Lucknow.

The CBI appealed against the HC order, and sought trial of all 21
accused under criminal conspiracy charges, apart from other offences.
Allowing the plea for a joint trial, the bench said that the evidence
for all these offences is almost the same and these offences,
therefore, cannot be separated from each other.

It maintained that the CBI’s failure to challenge the 2001 HC order on
invalidation of the notification on the joint trial “has completely
derailed the joint trial envisaged and has resulted in a fractured
prosecution going on in two places simultaneously based on a joint
chargesheet filed by the CBI itself”. The court turned down arguments
by senior advocate K K Venugopal, who appeared for Advani and Joshi,
that the court could not exercise its authority under Article 142 to
take away rights of a litigant when there are substantial provisions
on the particular subject.

“Article 142(1) of the Constitution of India had no counterpart in the
Government of India Act, 1935 and to the best of our knowledge, does
not have any counterpart in any other Constitution the world over. The
Latin maxim fiat justitia ruat cælum is what first comes to mind on a
reading of Article 142 — Let justice be done though the heavens fall,”
the bench said.

II.
http://indianexpress.com/…/babri-masjid-demolition-case-ay…/

Wheel of justice

Supreme Court order in the Babri demolition case holds out hope of
closure. Uma Bharti and Kalyan Singh must step down

By: Editorials | Updated: April 20, 2017 7:05 am

The apex court has ordered that the two separate trials related to the
demolition be bunched together and heard in the same court in Lucknow.

Finally, the wheels of justice are turning in the Babri Masjid
demolition case. The possibility of due process leading to justice and
closure in one of the most seminal cases in India’s political history
seems within reach now, 25 years after the 16th century mosque at
Ayodhya was demolished by Sangh Parivar activists in the wake of the
rath yatra of the-then BJP chief L.K. Advani, shaming a nation and
setting powerful new political dynamics in motion. The Supreme Court’s
order on Wednesday sets back on track the judicial process and lays
down conditions to ensure that the trial is not delayed or compromised
further.

READ | A case each in Rae Bareli and Lucknow, now a joint trial

The apex court has ordered that the two separate trials related to the
demolition be bunched together and heard in the same court in Lucknow.
Splitting the accused into two groups and holding the trial in
different courts in different districts has been an important factor
in slowing down the judicial process. Significantly, the apex court
has restored the CBI’s charge of criminal conspiracy against the
accused facing trial in a Rae Bareli court on the relatively mild
charge of addressing an unlawful assembly.

This group, which includes Advani, senior BJP leader Murli Manohar
Joshi and Union Minister for Water Resources Uma Bharti, will now be
tried for conspiring to demolish the mosque. Kalyan Singh, Uttar
Pradesh chief minister at the time of the demolition, and now the
governor of Rajasthan, has been exempted on the ground of
constitutional immunity. Both Bharti and Singh, however, must
immediately step down in order to uphold the principle of propriety
and the dignity of the office they hold.

READ | Consensus in BJP core: Best if they stand trial, get acquitted

The two-judge bench has ordered daily hearings, sought a verdict in
two years, indicated that the trial judge should not be transferred
and ruled against the demand for a retrial. These directives should
have come earlier, but even if belatedly, they have revived hopes that
the perpetrators, and conspirators, of the heinous assault on the rule
of law and the edifice of secular India, will finally be punished.
Over 2,000 persons were reportedly killed in the nation-wide riots
that followed the demolition.

READ | ‘Let law take its course’: Congress guarded in its response to SC order
The events of December 6, 1992 in Ayodhya were the culmination of the
abdications of several institutions. The Supreme Court has initiated a
welcome process that carries within it a belated opportunity to
rectify this shameful record. When it begins, the trial will be
monitored closely, especially since the BJP is in government in
Lucknow and at the Centre. The quality of prosecution and the
cooperation of state agencies will be key to the smooth conduct of the
trial. At stake is not merely the fate of an important case, but the
ability, and willingness, of the constitutional republic to stay true
to its foundational principles.


Peace Is Doable

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