Open notice for the Indian Army, Indian Police and Para Military Forces including Indian Ordinance Factories in India - Sukanya Kadyan

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Open notice for the Indian Army, Indian Police and Para Military Forces including Indian Ordinance Factories in India - Sukanya Kadyan Powered By Docstoc
					To,

(1) The Cabinet Secretary,
Shastri Bhawan, New Delhi

(2) The Secretary,
Ministry of Home Affairs, North Block
Central Secretariat,
New Delhi

(3) The Secretary,
Ministry of Law and Legal Affairs, Government of
India, ‘A” Wing, Shastri Bhawan, New Delhi.

(4) The Commissioner of Delhi Police,
Delhi Police Head Quarter, New Delhi.

(5) The Director,
National Dairy Research Institute, Karnal.

(6) The Chairman / Secretary,
Haryana Public Service Commission, Panchkula.

(7) The General of Indian Army, Sena Bhawan, New Delhi.

(8) The Director General, Indian Coast Guard,
Coast Guard Headquarters, National Stadium Complex, New Delhi.

(9) The Director General of UP Police, Lucknow.

(10) The Secretary, Indian Ordnance Factory Board
Ayudh Bhawan, 10-A, S. K. Bose Road, Kolkata – 700001




                             Subject: Legal Notice
Greetings,

     The International Organization for Animal Protection – OIPA www.oipa.org is a
     United Nations (Department of Public Information) affiliated Italy based
     organization and undersigned representing OIPA in India. I hereby, serve upon
     you, the following Notice: -

   1. That the addressee no.1 is Union of India and responsible for all the acts, the
        addressee No. 2 is the Home Ministry of government of India and responsible for
        all acts and the Addressee no. 3 is law ministry of Union of India.


   2. That the Indian Police Force, Para Military Forces and Indian Army are using
        State Emblem on the shoulder of their officers as a significant of a rank in the
        service, on their cap as well.


   3. That the Indian military forces, police forces and Para military forces are using
        State Emblem partly and they are not using properly as per set procedures laid
        down by the concerned Ministry, hence they have violated the concerned
        legislation’s; the Prevention of Insults to National Honour Act, 1971 and The
        State Emblem of India (Prohibition of Improper Use) Act, 2005.


   4. That the state emblem is an adaptation from the Sarnath Lion Capital of Ashoka.
        In the original, there are four lions, standing back to back, mounted on an
        abacus with a frieze carrying sculptures in high relief of an elephant, a galloping
        horse, a bull and a lion separated by intervening wheels over a bell-shaped
        lotus. Carved out of a single block of polished sandstone, the Capital is crowned
        by the Wheel of the Law (Dharma Chakra).


   5.   That In the state emblem, adopted by the Government of India on 26th January
        1950, only three lions are visible, the fourth being hidden from view. The wheel
        appears in relief in the centre of the abacus with a bull on right and a horse on
        left and the outlines of other wheels on extreme right and left. The bell-shaped
        lotus has been omitted. The words Satyameva Jayate from Mundaka Upanishad,
   meaning 'Truth Alone Triumphs', are inscribed below the abacus in Devanagari
   script.


6. That the these departments are not using the State Emblem in actual shape and
   design, they are using State Emblem, incomplete, which comes under the
   violation of the Act The Prevention of Insults to National Honour Act,1971 and
   The State Emblem of India (Prohibition of Improper Use) Act, 2005.


7. The Hon’ble Supreme Court of India has also passed a judgment on the proper
   using of the National Flag in the matter of Union of India Vs Navin Jindal in the
   case no. Appeal (Civil) 2920 of 1996, Judgment dated 23.01.2004.


8. That the Order dated 14.07.2011 of Hon'ble High Court, Calcutta on state
   Emblem of India in case No. CPAN 1270 of 1210 and CPAN 65 of 2011 filed in
   connection with W.P.No 32027(W) of 2008 regarding the State Emblem.


9. As per the provisions of Chapter VI of the Orders relating to the State Emblem of
   India issued by the Ministry of Home Affairs, Government of India, and the State
   Emblem may be displayed on –

   (1) Cars of the Rashtrapati Bhavan when the President or his wife is traveling by
      such vehicles and the spare car following the car of the President;
   (2) Car of the Vice-President when he or his wife is traveling;
   (3) Cars of Raj Bhavans or Raj Niwases when the following dignitaries or their
       wives are traveling by such vehicles within the State or Union Territory
       concerned:-
          a. President,
          b. Vice-President,
          c. Governor of the State,
          d. Lt. Governor of the Union Territory;
   (4) Cars of Rashtrapati Bhavan when the following dignitaries or their wives are
       traveling by such cars:-
          a. Visiting Heads of Foreign States,
          b. Visiting Vice-Presidents of Foreign States or dignitaries of equivalent
              status,
          c. Visiting Heads of Foreign Governments or dignitaries of equivalent
              status like Crown Prince and Princess of Foreign States;
         (5) Cars of Raj Bhavans or Raj Niwases when the following dignitaries or their
             wives are traveling by such vehicles within the State or Union Territory
             concerned:-
                 a. Visiting Heads of Foreign States,
                 b. Visiting Vice-Presidents of Foreign States or dignitaries of equivalent
                    status,
                 c. Visiting Heads of Foreign Governments or dignitaries of equivalent
                    status
         (6) Cars and other means of transport used by the Heads of India's Diplomatic
             Missions in the countries of their accredition;
         (7) Cars and other means of transport used by the Heads of India's Consular posts
             abroad in the countries of their accredition subject to the laws, regulations and
             usages of the countries concerned;
         (8) Cars maintained by the Protocol Division of the Ministry of External Affairs
             when in use for duty with the foreign dignitaries of the rank of Cabinet
             Ministers and above visiting India and escorting the Ambassadors accredited
             to India on ceremonial occasions.

Triangular metal plaques showing the Ashoka Chakra (i.e. Dharma Chakra which is a part
of the State Emblem) may be displayed on

   a. Cars of the following dignitaries when they are traveling anywhere in India:-
      Cabinet Ministers of the Union;
      Ministers of State of the Union;
      Speaker and Deputy Speaker of the Lok Sabha;
      Deputy Chairman of the Rajya Sabha;
   b. Cars of the following dignitaries when they are traveling within their State or Union
      Territory, as the case may be:-
      Cabinet Ministers in States,
      Ministers of State in States,
      Speakers and Deputy Speakers of the State Legislative Assemblies,
      Chairman and Deputy Chairman of the State Legislative Councils,
      Ministers (other than Deputy Ministers) of Union Territories with Legislature
      Speakers and Deputy Speakers of Legislative Assemblies in Union Territories.


PENALTY FOR MISUSE: Section 3, of the Emblems and Names (Prevention of Improper
Use) Act, 1950 prohibits the use of the State Emblem or any colourable imitation thereof
‘for the purpose of any trade, business, calling or profession, or in the title of any patent, or
in any trade mark or design…except in such cases and under such conditions as may be
prescribed by the Central Government.’ Contravention of this provision is punishable with
fine which may extend to five hundred rupees. Prosecution can, however, be instituted,
only with the previous sanction of the Central Government or of any officer, authorized in
this behalf by general or special order of the Central Government.
But as per above set procedures, the State Emblem is being fixed on the vehicle number
plate below the belt / foot break level, where as placing State Emblem like this is also a
insult of the Emblem.

Prosecution can, however, be instituted, only with the previous sanction of the Central
Government or of any officer, authorized in this behalf by general or special order of the
Central Government, hence a copy of any orders passed as per these provisions may kindly
be supplied to us.

Where as some State Government websites also using the State Emblem with out
Devanagari words, such as Himachal Pradesh, Kerala, Tamil Nadu, Karnataka etc and
Punjab Police, Himachal Pradesh Police, Madhya Pradesh Police, Haryana Police, Goa
Police, Kolkata Police, Gujarat Police, UP Police, Delhi Police, Rajasthan Police, Indian
Coast Guard etc along with the Haryana Public Service Commission – HPSC, National
Dairy Research Institute – NDRI, Karnal, Indian Arms Factories make blunder mistakes
and I have purchased a Revolver from the Kanpur unit but said Revolver also have the
State Emblem with out Devanagari words, so all these defective weapons be called back for
proper display of the state emblem of India. We have also objections on the Central Excise
and Customs Department advertisements, which are being telecast on many news channels
because they are showing their official logo including State Emblem with out Devanagari
words.

Private persons, bodies of persons and sports associations are not permitted to use the
State Emblem on their letter-heads, seats, crests, badges, house flags or for any other
purpose except with the permission of the Government but the Delhi State Rifle
Association also using the State Emblem in their official logo with out Devanagari words,
where as they are not entitled to use Emblem in their logo.

The National Flag of India shall be made of hand spun and hand woven
Wool / cotton / silk Khadi bunting, as per Flag Code of India but plastic materials are
openly used to prepare our Indian National Flag, I have lodged complaint with the
Prashant Vihar Police Station along with 30,000 plastic National Flag but no action against
the offenders nor FIR was lodged by the Delhi Police, where as it was a live sting operation
with the Zee News, trader was caught with Motor Cycle with 30,000 flag by the Police Post
Rohini Court officials. Like wise a complaint was lodged with the Bhiwani Police against
Boxer Vijinder Singh for fixing Emblem on his wedding card, A complaint has been lodged
with the Hauz Khas Police Station, New Delhi against the Delhi Rifle Association but no
legal action.
         (9) That the improper use of the State Emblem is the insult of our State
                Emblem, which comes under the violation of the law.
   You all addressees are therefore, requested to immediately remove / stop the
   above improper use of the State Emblem from the shoulder of the forces and
   all the other places, where is using the incomplete State Emblem and insulting
   our State Emblem, within 15 days from the receipt of this notice and it is also
   requested to all the addressee that the above said legislation's are toothless
   due to bailable and non-cognizable offense in legal terms, prosecution
   sanctions are also mandatory in advance, hence the said legislation should be
   replaced with strong law or amendments required in present system to upkeep
   respect and honour for our State Emblem of India. Prosecution sanction
   condition should be deleted in the interest of natural justice.

Yours Sincerely,



Naresh Kadyan

Cc along with relevant enclosures for information, necessary action and sue
motto:
  1. Hon’ble Mr. Chief Justice, Delhi High Court, New Delhi.
  2. Hon’ble Mr. Chief Justice, Punjab and Haryana High Court, Chandigarh.
  3. Hon’ble Mr. Chief Justice, Calcutta High Court, Kolkata.
  4. Hon’ble Mr. Chief Justice, Rajasthan High Court (Jaipur Bench), Jaipur.
  5. Hon’ble Mr. Chief Justice, UP High Court (Lucknow Bench), Lucknow.
  6. Hon’ble Mr. Chief Justice, Madhya Pradesh High Court, Jabalpur.
  7. Hon’ble Mr. Chief Justice, Karnataka High Court, Bangalore.
  8. Hon’ble Mr. Chief Justice, Kerala High Court,
  9. Hon’ble Mr. Chief Justice, Madras High Court, Chennai.
  10. Hon’ble Mr. Chief Justice, Himachal Pradesh High Court, Shimla.

				
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Description: The state emblem is an adaptation from the Sarnath Lion Capital of Ashoka. In the original, there are four lions, standing back to back, mounted on an abacus with a frieze carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels over a bell-shaped lotus. Carved out of a single block of polished sandstone, the Capital is crowned by the Wheel of the Law (Dharma Chakra). In the state emblem, adopted by the Government of India on 26 January 1950, only three lions are visible, the fourth being hidden from view. The wheel appears in relief in the centre of the abacus with a bull on right and a horse on left and the outlines of other wheels on extreme right and left. The bell-shaped lotus has been omitted. The words Satyameva Jayate from Mundaka Upanishad, meaning 'Truth Alone Triumphs', are inscribed below the abacus in Devanagari script. But Indian Army, Indian Police and Para Military Forces including Indian Ordinance Factories are violated the above said procedures and guidelines, Officers rank insulted State Emblem of India, Why displayed incomplete and I have purchased a revolver from Kanpur, on this weapon State Emblem of India is also incomplete with out satyamev jayete? So necessary steps should be taken to replace the present system with apology towards Nations and all objectionable weapons must be called back for proper display of the State Emblem of India. We have issued notice and ready to move PIL in the court of law, if you failed to comply with the said definition, criminal complaint be lodged against all offenders.