Dear All,
This is , may be , my recent message to President in a case well known to you all, asked How can one force in democratic country like India? I had represented also . I do not know. I have not received any reply for the my mail sent to President of Institute and all others. But I appreciate the action and vision . But there is no withdrawal of earlier circular sent to all.
God give them Good sense of thinking and pray them to do practical and a possible thinking always in Members interest.
Just to write such thinking gives an undemocratic and like a man of Super Power , dictator and to curtail ordinary man's power of freedom of speech !!!
Such action, communications , should be avoided by our Alma for ever.
Shah D J
On Thursday, 14 August 2014 9:41 AM, Ramachandran Mahadevan <ramachandran.mahadevan@gmail.com> wrote:
Sent from my iPad
Begin forwarded message:From: "arun giri arungiri@gmail.com [ICAI_CIRC_MEERUT_CA]" <ICAI_CIRC_MEERUT_CA@yahoogroups.com>
Date: August 14, 2014 8:07:58 AM GMT+05:30
To: ICAI_CIRC_MEERUT_CA@yahoogroups.com
Subject: {Amresh's CA's} Council Affairs: ICAI backs off on "malicious mails" Announcement/Circular !
Reply-To: ICAI_CIRC_MEERUT_CA@yahoogroups.comDear Friends,This is a major, major victory for all whistleblower members of ICAI, who have taken the Establishment head on ... especially on the issue of "malicious mails" circular. In response to a mail from our knowledgeable former CCM Mr. Shashikant Barve, questioning the legality/validity of the circular, the ICAI has more or less backed off on the issue.. the ICAI's Legal Section, in its reply to Mr. Barve, says that the circular is not a "guideline" issued under CA Act, 1949 ! WOW what an admission and a belated information disseminated to members...
This is a plain admission by ICAI that its circular on "malicious mails" has NO LEGAL BACKING/AUTHORITY .. when the ICAI admits that this is not a "guideline" under CA Act, then how can members be forced to be in "compliance" of this circular?????To all my CA Friends - please do not take such things lightly.. under the garb of an "Announcement", fundamental rights are being to sought to be taken away, without even telling us from where has the Council derived this power?? Tomorrow , the Council may come up with any "Announcement" they feel like - that no CA should drink after 10pm or no CA should have dinner with a lawyer or no CA should post photos with his family on Facebook... will we accept such "Announcements" of the Council???????Credit must go to fellow whistleblowers like Prabhakar, Mr. Barve and others who have fearlessly taken the Council to task for this ill conceived and illegal "Announcement."I have re-produced both Mr. Barve's mail to ICAI and the Institute's reply to Mr. Barve thereto.. pls find them enclosed. In my mind, legally speaking this Announcement is at best a "Request" to members and ofcourse an attempt to muzzle the dissenting voices..... which is not going to impact our whistleblowing activities! If anything it only emboldens us further....Sincerely,Arun Anandagiri, FCA
To: me, karthikeyan, secretary
CA Shashikant Barve
Dear Sir,
We have noted the contents of your email dated 31.07.2014.
The Council, vide above announcement dated 17.04.2014, only informed the members about the compliance of the provisions and as such the contents of the announcement are not the guidelines in terms of the provisions of the Chartered Accountants Act, 1949.
Therefore, the matter is not required to be reconsidered by the Council.
Trust the issue is clarified.
Regards,
N.P. Singh
Sr. Joint Secretary (Legal)From: Shashikant Barve <shashikantbarve@gmail.com>
Date: Thu, Jul 31, 2014 at 11:46 PM
To: Secretary ICAI <pss@icai.in>, president <president@icai.org>, vicepresident <vicepresident@icai.org>
Subject: Reconsideration of Decision of the Council regarding Malicious Emails being circulated --Harmful/Unlawful information against the Institute and/or its Members. Matter of general Interest---
Reconsideration of Decision of the Council regarding Malicious Emails being circulated --Harmful/Unlawful information against the Institute and/or its Members. Matter of general Interest---
The Announcement/Circular No.1-CA(7)/165/204 dated17/4/2014 in respect of above matter needs immediate reconsideration because the same appears as being–
1. Contrary to both the Schedules of C.A. Act, particularly The First Schedule Part IV Clause 2 and The Second Schedule Part II Clause 1.
2. a duplication of actions under the other Acts like Information Technology Act /Indian Penal Code, which can be covered under clause 1 of Part IV of Schedule 1
3. against the ethical principles for bringing undue restrictions on free expression of thoughts/views and capable of being misused by those in power And
4. against the constitutional rights of the CA members
It is also not clear why the decision of the Council taken in January 2014 ( as mentioned in the Circular) is communicated to Members as late as in April 2014.
A) No guidelines can be issued under the First Schedule Part IV Clause 2 – The Opinion as to disrepute either to the Institute or the Profession needs to be that of the Council and that has be on Case by Case basis and by that Council which is in Office when any particular case occurs and comes up for consideration.
B) No new circular like above can be issued under the Second Schedule Part II Clause 1. Because that clause is applicable if there is the breach of any guideline issued by the Council (obviously under any other Section),
C)Under Regulation 205 Council can do anything which is not inconsistent with the provisions of the Act
D) Section 15 and Section 30 powers can be used only" to carry out the objectives/provisions of the Act.
E) Guidelines can be only issued in respect of the First Schedule Part I clause 7 which deals with Advertisements etc and not with malicious emails.
F) What is the necessity of actions under the CA Act separately because the First Schedule Part IV Clause 1 can be attracted in case the Member is punished by imprisonment under other Acts like Information Technology Act or Indian Penal Code.
G)There may be communications containing criticism which are meant for improving the performance or for requests for sorting out practical difficulties or for cases like fair audits allotments etc.; and also there may be communications containing comments on policy decisions or infrastructure acquisitions etc. which may be sort of whistle blowing activities. The above mentioned Circular is so vast in its coverage that any of the communications containing genuine matters as above may also be treated as covered under the Circular and actions can be initiated by those in Power and hence such likely misuse, if any , will not only be ethically incorrect due to the possibility of stopping criticism /suggestions for improvements but also will be against the Constitutional Rights .
It is also not clear why the decision of the Council taken in January 2014 ( as mentioned in the Circular) is communicated to Members as late as in April 2014.
This is therefore a genuine request to the Council to reconsider its above decision (conveyed in the form of Circular/ Announcement) and immediately arrange to withdraw the said Circular/Announcement and at least not to implement the same in case it is going to take more time for considering its withdrawal by the Council. Please inform all the Members immediately and suitably about the same.
I look forward to knowing from you urgently the course of action proposed by you and the further developments taking place in this matter please.
Shashikant Barve
A Member Of Pune Branch Of WIRC Of ICAI
__._,_.___
Posted by: Dipak Shah <djshah1944@yahoo.com>
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