Spreading the light of humanity & freedom
I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you. At the individual level I do whole heartedly respect Honourable Justice Shri H L DATTU.
Please refer my appeal for justice through DARPG ;
In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.
there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a citizen of india.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.
you are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes .
If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries. Thanking you. Jai Hind , Vande Mataram.
Date : 27.06.2015……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja M R
MY LORDS, THERE’S A CASE AGAINST YOU
Former Union law ministers are spearheading a campaign against sitting judges they accuse of being corrupt. What is the higher judiciary doing to clear itself of these grave charges?
Bhushan has categorically condemned the rot he feels has set in the judicial system. “The judiciary of this country is not merely unaccountable, but corrupt and brazenly so,” he wrote in a letter to President APJ Abdul Kalam on December 17. Bhushan has demanded that the President initiate impeachment proceedings against Justice Jagdish Bhalla of the Lucknow Bench of the Allahbad High Court. On December 14, a Supreme Court (SC) collegium recommended that Justice Bhalla be appointed the Chief Justice of the Kerela HC.
Bhushan and Jethmalani, along with noted lawyers and former justices, including Rajendra Sachar, Indira Jaisingh and Hardev Singh, have formed the Committee on Judicial Accountability (COJA) and presented documents to the Chief Justice of India (CJI), YK Sabharwal, to support their complaint against the sitting judges. COJA complained to the CJI on July 11 that Justice Jagdish Bhalla had amassed several illegal properties in the name of his wife and other close relatives. Justice Vijender Jain, the former senior Judge in the Delhi High Court, who was recently appointed the CJ of Punjab and Haryana HC, is also in COJA’s line of fire.
By questioning the integrity of Justices Bhalla and Jain, Bhushan has thrown open the much larger question of judicial accountability. (See interview) “Leave aside taking any action against corrupt judges like Justice Jagdish Bhalla and Justice Vijender Jain, the CJI has been actually avoiding even properly investigating charges against them,” says Bhushan. According to documents produced by COJA on 21 July 2003, Renu Bhalla bought a 7,200 sq. metre plot near the Noida-Greater Noida expressway. On 28 March 2005, Uday Shankar, dsp, Gautam Buddha Nagar (Noida’s official name) submitted a report to the area dm in which he states that the sellers of the plot belong to the “land mafia”. In an enquiry submitted to the dm on 26 June 2005, RK Singh, the area sdm, also described the sellers as belonging to the “land mafia”. According to the two reports, the plots constituted a portion of the gram samaj (joint village property) land, illegally grabbed by the “land mafia”. (All the documents relating to the transaction are in possession of Tehelka)
The SDM’s report says that at the time of the transaction, the plot was worth Rs 7.20 crore in the open market, whereas Renu Bhalla paid Rs 5 lakh for it. The two reports also state that the sellers of the plot have been charged in several criminal cases, and had sold plots to several influential people to curry favour with them. Renu Bhalla is the wife of Justice Jagdish Bhalla.
Bhushan has also drawn attention to the July 2005 draw of lots for allotment of plots in Sector 44 in Greater Noida. When the computerised draw threw up several influential names, a few people approached the Allahabad HC alleging foulplay. In October 2005, the HC decided that the case warranted a fresh draw of lots and ordered a cbi inquiry into the scam. Among those who had been allotted plots in the scrapped list were Aarohi Bhalla and Sheeba Sabharwal. Aarohi Bhalla, who is the son of Justice Bhalla, was allotted plot number f-52, while Sheeba Sabharwal, daughter-in-law of the CJI YK Sabharwal was allotted plot number f-78. In November 2005, the Supreme Court stayed the Allahabad HC judgement, putting the cbi enquiry and the HC’s order to hold a fresh draw of lots on hold.
Members of COJA have offered to discuss the matter in person with the CJI but they say that they are still waiting to hear from him. Five months after their initial request, they sent another application to the CJI in November. This time they sought his permission to register an FIR against Justice Bhalla, claiming that their initial evidence was enough to register an offence against him under the Prevention of Corruption Act.
“The CJI did not even call us to hear our point,” says Bhushan. “I don’t know why Justice Sabharwal is shielding Justice Bhalla!” Bhushan is equally critical of Justice Vijender Jain.
Justice Jain, who took oath as the new CJ of Punjab and Haryana HC in November, had to endure many delays before he could be appointed to the post. The CJI had to make three efforts to promote Justice Jain. A collegium headed by the Chief Justice of India first recommended Justice Jain’s name for the post in July. However, President APJ Abdul Kalam returned the file, causing a minor embarrassment to the CJI and the Union government. When the collegium reiterated its recommendation through the government in November, the President had to sign the file.
This time around, to address dissenting voices, the CJI also consulted other SC judges who happened to be former chief justices of the Delhi High Court. According to reliable sources, Justice Jain’s former seniors also questioned his integrity. However, on the basis of a majority, the proposal to promote him was forwarded to the Union government for the President’s assent.
A major hurdle in promoting Justice Jain continued on page 8 continued from page 6 was a complaint by one Subhash Agrawal who approached then CJI RC Lahoti in January 2005 with the complaint that Justice Jain had violated the code of conduct for judges. Agrawal claimed that Justice Jain gave a judgement in favour of someone with whom he had “family relations”. He produced a copy of the invitation card of the litigant’s granddaughter’s wedding, held in April 2001. According to the card, the venue of the wedding was the official residence of Justice Jain. (Tehelka has obtained a copy of the wedding card from the Central Information Commission). In November 2004, Justice Jain, hearing an appeal, decided a civil suit in favour of the person who had held his granddaughter’s wedding at his official residence.
When there was no response to his complaint in October 2005, Agrawal approached the SC to find out the status of his complaint under the rti Act. He was told that his complaint was in the relevant HC file. Not satisfied, Agrawal approached the Central Information Commission. On the commission’s insistence, the SC finally told Agrawal that his complaint had not actually been forwarded to the HC, as the SC has “no administrative jurisdiction” over high court judges. Therefore, the complaint was pending before the CJI, YK Sabharwal. The commission asked the CJI to act on the application. The CJI finally settled the complaint, saying he found no merit in it. When Agrawal asked for reasons behind the decision, he drew a blank.
It’s not just Bhushan who feels the need to bring about accountability and transparency in the judiciary. Janata Dal (U) president Sharad Yadav says the issue will be discussed when the Judicial Accountability Bill is tabled in Parliament. “When the government tables the bill, all its aspects will be discussed,” Yadav told Tehelka.
CJI YK Sabharwal could not be reached for his comments. Despite conciliatory notes from him there are all indications that the clamour surrounding judicial misdemeanour and the demand for greater accountability will only increase in the days to come.
Dec 30 , 2006
Burn After Reading
BRIJESH PANDEY and SANJAY DUBEY track the Supreme Court’s lack of urgency in investigating charges of judicial corruption
WHEN SPECIAL CBI judge Rama Jain received an anonymous letter in January 2008, telling her that the provident funds of Class 3 and Class 4 employees of the Ghaziabad court were being siphoned off, she had no idea that she had stumbled onto the biggest judicial scam in the history of independent India.
As she was the designated vigilance officer at the Ghaziabad court, she first conducted an inquiry on her own, which uncovered the involvement of at least three judges and the Central Nazir in the embezzlement of funds. She reported the matter to the Allahabad High Court, which, in turn, ordered a vigilance inquiry. Holding that the report, prima facie, had merit, the court directed her to file an FIR.
Central Nazir Ashutosh Asthana was arrested on the basis of the FIR on April 10, 2008. His interrogation revealed that Asthana was not a solo player. He claimed that he was first introduced to the scam by a district judge himself. What followed was so shocking that even the Ghaziabad police was on the backfoot. Asthana confessed that from the Rs 7 crore embezzled, he had given cash and gifts such as airconditioners, refrigerators, expensive clothes, jewellery and furniture to as many as 36 judges, including about 10 High Court judges and one Supreme Court judge. In a sworn statement before a magistrate, Asthana revealed that this fraud had run from 2001 to 2007 with the active connivance of district judges. Every month, Asthana even paid bribes to various judges, from Rs 25,000 to a whopping Rs 1.5 lakh.
When these excerpts from Asthana’s confession became public, the public image of the judiciary touched a new low. In perhaps the biggest moment of crisis for the Indian judiciary, Asthana, the main accused, has in turn named judges from the Ghaziabad District Court to the Allahabad High Court, right up to the Supreme Court. This was not all.
These revelations stunned the Ghaziabad police. Clearly out of their depth and (justifiably) wary of taking on the powerful judiciary, they requested the Ghaziabad court to hand over the probe to the CBI. In September 2008, the Supreme Court transferred the case to the CBI, but with a rider: Investigate, but give us a sealed report. The PF scam, as it had come to be known, gave the judiciary a wonderful opportunity to redeem itself in the eyes of the people but the case remained shrouded in secrecy. Cynics then said that the whole matter would be given a quiet burial. Eighteen months after the scam became public and four CBI status reports later, the cynics appear to have had the last laugh.
This delay and secrecy in such a highprofile scam raises various uncomfortable questions for the Indian Judiciary. Legal luminaries believe that this is symptomatic of a larger malaise which ails the judiciary. Says jurist Ram Jethmalani, “The reputation of a judge is more important than the actual fact of his honesty. In fact, if a judge has a bad reputation, even if it is undeserved, he should not be appointed because then nobody will have confidence in his judgements,” adding, “When the judiciary expedites cases concerning the executive branch or even most prominent cases, why is such urgency not displayed here, when the matter is extremely serious. Why this delay?”
A VALID QUESTION. Asthana named 36 judges (a list of which is with TEHELKA). Other than the fact that a few have retired, virtually nothing is known about the fate of the judges of the Allahabad High Court and the Supreme Court judge. Whether or not the apex court is planning to initiate or has initiated, criminal charges against any of the judges — sitting or retired — are questions that only the Supreme Court can answer.
And the apex court should answer, argues former Union law minister and senior advocate Shanti Bhushan. “I don’t appreciate this sealed-cover business except in very rare cases when making something public might be detrimental to the public interest — mainly if there is an army secret. Whether it is the judiciary or the executive, all officers are appointed on the behalf of the people. It is on the people’s behalf that the judiciary exercises its powers. How can you keep investigations in the PF scam secret? The people have every right to know what is going on.”
VN Khare, former Chief Justice of India, concurs. “These kind of things should not be allowed to linger. This shakes the confidence of the people in the judiciary. If there is an allegation or misconduct, it must be inquired into immediately and strict action should be taken against the erring judges. Why should the reputation of most judges suffer for no fault of theirs?”
The biggest question which arises from this scam is the lack of will on the part of the judiciary to rein in errant judges. Let alone the judges named by Asthana, what about the fate of the three Ghaziabad District Judges named by vigilance officer of the district court Special CBI Judge Rama Jain herself? Legal luminaries say this hesitancy on the part of judges to act against fellow judges involved in wrongdoing clearly illustrates the prevailing mindset of the judiciary.
“I know of a retired Chief Justice of India who is one of the most honest judges I have ever seen. It’s difficult to imagine a more honest person. However, when a responsible minister made complaints to him against a corrupt High Court Judge, he did not grant permission for an investigation because he felt that as the head of the judicial family, it was his job to protect judges, be they corrupt or not,” says Shanti Bhushan. Ram Jethmalani chips in sarcastically, “This is the reason why judges call each other ‘brother judge.’”
IT IS not only cases like the PF scam which taints the image of the judiciary, but also the extreme reluctance on the part of the judiciary to be open and transparent. Reams and reams of paper have gone towards pious exhortations by the judiciary asking the government to refrain from corruption and work in an efficient manner. But sadly, no judge has held forth at length on the need for the judiciary to refrain from corruption. Even attempts to exercise the Right to Information with respect to the office of the CJI came a cropper as the CJI’s office was always declared out of bounds. It took a historic verdict by the Delhi High Court to declare that the office of the CJI was not immune from accountability and outside the purview of the RTI Act. Senior lawyers and retired chief justices feel that if the judiciary is not transparent or accountable, it only means that they are trying to hide something. Justice Khare feels, “Judges are more accountable than other persons because they hold a very high post. The very existence of the judiciary is based on the faith of the common man in it. If that faith is not there, how can the judiciary function?”
What incenses them is the behaviour of the government with regard to the Judges’ Assets Declaration Bill which the government tried to introduce in 2009. The opposition erupted in protest and forced the government to defer the bill. Jethmalani terms the government’s approach to this bill as a “conspiracy of corruption”. “The government is scared to take on the judiciary. It’s clear that the executive wants to cosy up to the judiciary.” Agrees retired CJI V N Khare, “Why should there be any hesitancy to declare assets at all on the part of judiciary? The whole episode is beyond me.” In a recent development, the Supreme Court has reiterated before the Delhi High Court that the CJI’s office is outside the purview of the RTI Act.
Another assault on the public image of the judiciary is the Dinakaran episode. Currently, judges are appointed to the Supreme Court by the Supreme Court Collegium, a group of judges chaired by the Chief Justice of India. When Chief Justice Dinakaran of the Karnataka High Court was elevated to the Supreme Court, the state Bar and legal luminaries rose up in protest because the Collegium appeared to have dismissed, or, at least, not have considered the serious allegations of corruption against him. According to Senior Advocate Soli Sorabjee, “The Dinakaran episode shows that the Collegium is not working satisfactorily. You must have a national commission for judges which should be made up of judges, eminent jurists and senior government officials. This council should have the power to get independent information and evaluate it.” Shanti Bhushan feels that as judges are extremely busy with hearing cases, there should be a full-time commission whose sole function is to pick judges for the High Court and the Supreme Court and feels that the commission should also have its own bureau of investigation. They should not be dependent on either the local police, who might be afraid to investigate judges, or on an overburdened CBI.
But all this is very hard to achieve. Jurists feel that the judges of the higher courts have converted themselves into a union of sorts and are trying to protect each other. “Their approach is to sweep every allegation under the carpet. Don’t allow the public to know about it. Let the public believe that our judiciary is very honest. But this has been counterproductive. It has given a shield of total immunity to the judges and they think they can get away with anything. This has led to an increase in corruption in the judiciary,” states Shanti Bhushan. Time and again, opportunities have arisen for the judiciary to reinvent itself in a new avatar. And time after time, it has failed. Caesar’s wife, they say, should be above suspicion. Whatever the cost it might take to ensure it.
From Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009
“In the applicant’s opinion, eight [of the last 16 chief justices] were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt.”
ToThe Hon’ble Chief Justice of India &
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.Most respectfully showeth:
- That the applicant is filing the present application for his impleadment as Respondent No. 3 in the aforementioned contempt petition as the applicant is making a categorical statement in the present application that eight of the last sixteen Chief Justices of India were definitely corrupt and also providing the names of those eight definitely corrupt Chief Justices in a sealed cover as an annexure along with the present application.
- The applicant is a practicing advocate who was enrolled on 8 July 1948. He has appeared in each and every High Court in the country. He is well acquainted with the manner in which the Indian judiciary has been functioning and how its character has been changing over the years.
- That the applicant has been a part of the campaign for judicial accountability since its inception in the year 1990.
- That there was a time when it was almost impossible even to think that a judge of a High court or the Supreme Court could be corrupt. Things have changed drastically during the last 2 or 3 decades during which corruption has been growing in the Indian judiciary. So much so that even a sitting Chief Justice of India had to openly admit that 20% of the judges could be corrupt. Very recently in March 2010 a sitting Chief Justice of a high court openly made a statement. The statement of the sitting chief justice was published by the Times of India in its issue of 6th march 2010 with the headlines, “In our judiciary, anybody can be bought, says Gujarat chief justice”. A copy of the news paper report is being annexed hereto as Annexure A.
- That the applicant believes that the reported statement may not be correctly reflecting the perception of the Gujarat Chief Justice, since he should be knowing as the applicant does that there are and have always been plenty of totally honest judges, but they are also becoming the victim of this public perception since no institution of governance in the country is taking any effective steps about dealing with corruption in the judiciary.
- That India became a republic in 1950, when the people became sovereign. They got the right to constitute their institutions, the executive, the legislature and the judiciary, to serve them, who would be accountable to them.
- That before 1950, corruption was almost non existent in the High Courts. The federal court had in 1949 got Justice Shiv Prasad Sinha removed from the Allahabad High Court, merely on the finding that he had passed 2 judicial orders on extra judicial considerations.
- That it however appears that thereafter the judiciary has adopted the policy of sweeping all allegations of judicial corruption under the carpet in the belief that such allegations might tarnish the image of the judiciary. It does not realize that this policy has played a big role in increasing judicial corruption.
- That the Constitution prescribed removal by impeachment as the only way of removing judges who commit misconduct since it was believed at the time of the framing of the Constitution that misconduct by judges of the higher judiciary would be very rare. However those expectations have been belied as is apparent from the surfacing of a series of judicial scandals in the recent past. The case of Justice V. Ramaswami and subsequent attempts to impeach other judges have shown that this is an impractical and difficult process to deal with corrupt judges. The practical effect of this has been to instill a feeling of impunity among judges who feel that they cannot be touched even if they misconduct.
- That corruption by judges is a cognizable offence. The Code of Criminal Procedure requires that whenever an FIR is filed with respect to a cognizable offence, it is the statutory duty of the police to investigate the offence. The police has to collect evidence against the accused and charge-sheet him in a competent court. He would then be tried and punished by being sent to jail. The Supreme Court has however by violating this statutory provision in the CrPC given a direction in its Constitution bench judgement in theVeeraswamy case of 1991 that no FIR would be registered against any judge without the permission of the Chief Justice of India. In not a single case has any such permission ever been granted for the registration of an FIR against any judge after that judgement.
- That the result of this direction has been that a total immunity has been given to corrupt judges against their prosecution. No wonder that judicial corruption has increased by leaps and bounds.
- That an honest judiciary enjoying public confidence is an imperative for the functioning of a democracy, and it is the duty of every right thinking person to strive to achieve this end.
- That unless the level of corruption in the judiciary is exposed and brought in the public domain, the institutions of governance cannot be activated to take effective measures to eliminate this evil.
- That it is the common perception that whenever such efforts are made by anyone, the judiciary tries to target him by the use of the power of contempt. It is the reputation of the judge which is his shield against any malicious and false allegations against him. He doesn’t need the power of contempt to protect his reputation and credibility.
- That the applicant strongly believes that a responsible citizen should be prepared to undergo any amount of suffering in the pursuit of the noble cause of fighting for a clean judiciary.
- That there are two statements of Respondent no. 1 (Prashant Bhushan) published in Tehelka by Respondent no. 2 which are alleged to constitute contempt of court. In the 1st statement, Respondent no. 1 has expressed that in his view, out of the last 16 or 17 chief justices of India, half have been corrupt.
- The applicant states that in his view too this statement is absolutely correct. At the time of the publication of this report in Tehelka, the last 16 Chief Justices of India were the following: 1. Justice Ranganath Mishra,
2. Justice K.N. Singh,
3. Justice M.H. Kania,
4. Justice L.M. Sharma,
5. Justice M.N. Venkatchalliah,
6. Justice A.M. Ahmadi,
7. Justice J.S. Verma,
8. Justice M.M. Punchhi,
9. Justice A.S. Anand,
10. Justice S.P. Bharucha,
11. Justice B.N. Kripal,
12. Justice G.B. Patnaik,
13. Justice Rajendra Babu,
14. Justice R. C. Lahoti,
15. Justice V.N. Khare,
16. Justice Y.K SabharwalOut of these, in the applicant’s opinion, eight were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt. The signed lists identifying these eight, six and two Chief Justices of India are being enclosed in a sealed cover which is being annexed here to as Annexure B.
- That in fact two former chief justices of India had personally told the applicant while they were in office that their immediate predecessor and immediate successor were corrupt judges. The names of these four Chief Justices of India are included in the list of the 8 corrupt Chief Justices of India.
- That since the applicant is publicly stating that out of the last sixteen Chief Justices of India, eight of them were definitely corrupt, the applicant also needs to be added as a respondent to this contempt petition so that he is also suitably punished for this contempt. The applicant would consider it a great honour to spend time in jail for making an effort to get for the people of India an honest and clean judiciary.
- That the applicant also submits that since the questions arising in this case affects the judiciary as a whole, the petition needs to be decided by the entire court and not merely by three judges handpicked by a Chief Justice.PRAYERSIn view of the above, it is most respectfully prayed that this Hon’ble Court may be pleased to:
- allow the present application and implead the Applicant as a contemnor in the aforementioned contempt petition as Respondent no. 3; and
- pass any other or further order/s as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.(Shanti Bhushan)
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
Honourable Chief Justice of India & Others
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
2. Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.
3. Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?
4. If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?
5. The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.
2. Question(s) of Law:
Are Judges above Law & can go scot free ?
Requests for equitable justice , free expression & protection to life & liberty.
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.
We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :
Atrocities on Women by JUDGES
A – Z of Manipulation of Indian Legal System
Justice Sathasivam - Are you DEAF DUMB & BLIND
Rajiv Gandhi Assassination Cover-up
SHAME SHAME MPs & MLAs
JUDGEs or Brokers of Justice
RTI & Land Golmaal
Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi to answer the following questions in public interest , for safeguarding national security , National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.
We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.
In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.
Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.
Please read RTI First Appeal to following public authorities :
1. RTI Appellate Authority , O/O Chief Justice of India , Supreme Court of India , New Delhi.
2. RTI Appellate Authority , o/o RBI Governor , RBI HQ , Mumbai
3. RTI Appellate Authority , o/o Chief Minister , Government of Karnataka , Vidhana Soudha , Bangalore.
4. RTI Appellate Authority , BSNL Corporate office , New Delhi.
Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) to pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 22nd April 2015………………………………….Filed By : Nagaraja.M.R.
Place : Mysuru India……………………………………Petitioner in person
RTI Appellate Authority , O/O Chief Justice of India , Supreme Court of India , New Delhi.
RTI Appeals Not Answered - Crimes Cover-up
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward like hit & run cases , murder attempts , unnatural deaths , etc happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , guilty Judges , guilty public servants & guilty Constitutional functionaries.
protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.
basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen's fundamental right & human right to seek information extends far beyond the scope of RTI Act.
DEALS IN COURTS & POLICE STATIONS READ :http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
INDIA -http://crosscji.blogspot.com/ ,http://crossexamofchiefjustice.blogspot.com/ ,http://crimesofsupremecourt.wordpress.com/ ,http://crosscji.wordpress.com/ ,http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –http://crosscji.blogspot.com/ ,http://crossexamofchiefjustice.blogspot.com/ ,http://crimesofsupremecourt.wordpress.com/ ,http://crosscji.wordpress.com/ ,http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –http://crosscji.blogspot.com/ ,http://crossexamofchiefjustice.blogspot.com/ ,http://crimesofsupremecourt.wordpress.com/ ,http://crosscji.wordpress.com/ ,http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIAhttp://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITEDhttp://crimesatrpg.blogspot.com/ ,http://crimesatrpg.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIAhttp://megafraudbygoi.blogspot.com/ ,http://megafraudbygoi.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?http://megafraudbygoi.blogspot.com/ ,http://megafraudbygoi.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALShttp://megafraudbygoi.blogspot.com/ ,http://megafraudbygoi.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?http://megafraudbygoi.blogspot.com/ ,http://megafraudbygoi.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campushttp://crimeatinfy.blogspot.com/ ,http://crimeatinfy.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor womanhttp://crimesofbda.blogpot.com/ ,http://bdacrimes.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in Indiahttp://landscamsinindia.blogspot.com/ ,http://landscam.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Presshttp://theftinrbi.blogspot.com/ ,http://theftinrbi.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of Indiahttp://deathcola.blogpot.com/ ,http://deathcola.wordpress.com/ ,http://groups.yahoo.com/group/naghrw/message/201
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
valid) in a democracy ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .
By Indira Jaising
A midst the rising din of the demand for death penalty for rapists comes the news that three judges of the Karnataka High Court have been involved in what has come to be described as a 'sex scandal' on the outskirts of Mysore at a place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those who knock at the doors of justice. In both cases, we are talking about the use and abuse of women — those who are victims of sexual abuse, and those who are used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found with women at a resort, there was the usual crop of denials. Although the Mysore police were called in to settle a brawl, on being told that the persons in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a blank. The bar association also drew a blank as most people said, "Don't quote me… but…"
On November 30, the Bangalore edition of The Times of India published a front-page story giving the names and photographs of the three judges and confirming that the Intelligence Bureau had done an investigation and come to the conclusion that the incident had indeed occurred. There were still no details of the incident, though it was stated that the report has been given to the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice had sought the transfer of the three judges to Patna, Jammu and Kashmir and Guwahati. Apparently, the chief justice has agreed to this request and the transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of inquiry under the 'in-house' procedure consisting of the chief justice of the Andhra Pradesh High Court, the chief justice of the Madras High Court and the chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire episode continued to be referred to as a 'sex scandal'.
What is interesting about these reports is not what they reveal, but what they conceal. It is a conspiracy of silence. If the information is now available to the chief justice of India, why is it not being made public? Do we, the public, not have the right to information? Ironically, the morning newspapers brought the news that the Freedom of Information Act has been passed. What are the legitimate limits of the right to freedom of information and the requirement of keeping information a secret? This episode would make an interesting case study.
What exactly is at stake here? There is much that should concern the nation about the incident. This is not a case about the private morality of the judges, be that as it may, but about the abuse of office that they hold. What has not been made known is that the three women in question are women lawyers practising in their courts.
What is at stake here is the pollution of the stream of justice at its very source. There must be countless cases in which these women appeared before these very judges day in and day out of their routine practice. Can one honestly say that in such a situation justice is being done "without fear or favour"? Judges swear on oath of allegiance to "bear true faith" to the Constitution and do justice "without fear or favour". How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The usual justifications have already begun making the rounds. If the women have not complained, what objection can anyone else have, it is asked. What is lost sight of is the fact that the judges are in a position of dominance vis-à-vis the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice, for personal petty gain. It is irrelevant whether the women consented or not. The usual blame game will now begin — blaming the victim rather than the perpetrator; the usual loose talk about the character of the woman in question; the usual attempt to cover up by diverting attention from the actual incident to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those who are responsible for sitting in judgment over cases brought for and on behalf of women.
The issues at stake here concern one half of Indians. With what faith can Indian women approach the courts demanding the right to equality, the right to be free from sexual harassment or rape and the right to live with dignity, if the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular cities? Are they not an integral part of the country, or are they mere islands within the country that are considered 'punishment postings' where people are sent a la 'crossing Kala Pani' of the old days? To the credit of the Guwahati Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full details of the incident so that rumour-mongering comes to an end. This would be in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than three judges involved, that the women were professional call girls, many of which are baseless. We, the people, have the right to know. The conspiracy of silence must be broken.
The judges in question must neither be assigned any judicial functions pending an inquiry nor be transferred to sit in judgment over others. Two of the judges are stated to be additional judges. They must not be confirmed. If there is prima facie evidence against the one remaining judge, the chief justice must recommend his impeachment.
It is time for all concerned bar associations, bar councils and other male-dominated bodies of legal professionals to act and ensure that there is no cover-up. There is little point in showing sympathy to women in judgments and in seminar rooms, or in recommending the death penalty for rape if we cannot deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court against some of the publications for disclosing details of the incident. Civil society and women's organisations must demand that justice is now done when it comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the judiciary that this incident has thrown up. One positive aspect of the incident is that it is only after the chief justice of the high court issued a public notice inviting information that he received 20 representations, which led to the discovery of the truth.
Let the truth now be made public.
These serious allegations raise a doubt about the autonomy of the judges who are trusted upon to carry out their public duties and functions independent of dishonest or ideological considerations. But Justice Katju’s allegations advocate that India’s higher judiciary is in a state of deterioration. They bring into attention the vital necessity on the part of the government to pledge moves to quickly pass two important bills – the Judicial Appointments Commission Bill of 2013 and the Judges Standards and Accountability Bill, 2010.
As of now the Supreme Court of India’s collegium system, which appoints judges to the nation’s constitutional courts, has its genesis in, and continued basis resting on, three of its own judgments which are collectively known as the Three Judges Cases. Over the course of the three cases, the court evolved the principle of judicial independence to mean that no other branch of the state – including the legislature and the executive – would have any say in the appointment of judges. The court then created the collegium system, which has been in use since the judgment in the Second Judges Case was issued in 1993. There is no mention of the collegium either in the original or in successive amendments.
The government through the Constitution(120th Amendment) bill, 2013, that amends articles 124(2) and 217(1) of the Constitution of India, 1950 and establishes the Judicial Appointment Commission, on whose recommendation the President would appoint judges to the higher judiciary. The critical aspect about the new setup that the government through the amendment seeks to achieve is the composition of the Judicial Appointment Commission, the responsibility of which the amendment bill lays on the hands of Parliament to regulate by way of Acts, rules, regulations etc., passed through the regular legislative process. It establishes a Judicial Appointments Commission (JAC) to make recommendations to the President on appointment and transfer of judges to the higher judiciary. It empowers Parliament to pass a law providing for the composition, functions and procedures of the JAC.
The Judges Standard And Accountability Bill 2010 lay down judicial standards and provide for accountability of judges, and, establish credible and expedient mechanism for investigating into individual complaints for misbehaviour or incapacity of a judge of the Supreme Court or of a High Court and to regulate the procedure for such investigation; and for the presentation of an address by Parliament to the President in relation to proceeding for removal of a Judge and for matters connected therewith or incidental thereto.
All these measures will increase accountability of Judges of the High courts and the Supreme Court thereby further strengthening the independence of the judiciary. The proposed Bill would strengthen the institution of judiciary in India by making it more accountable thereby increasing the confidence of the public in the institution It has been 67 years since India’s Independence. The three pillars of democracy the judiciary, parliament and executive are well defined under the Constitution of India and so is the separation of power of each institution. Unlike the West there is very little debate in public domain the way the Judiciary functions in our country.
The journalist, politicians, common man and even lawyers desist from open discussions regarding the appointment, transfer, alleged misconduct of some of the judges inside or outside the court room or for that matter very little is debated in public discussion even on national television about particular judgment which appears detrimental in national interest because of the fear of contempt of court.
Has the democracy matured in India? The recent poll indicators suggest that for the first time in last couple of decades the people of our country especially the youth rose above the caste politics and voted for vision, hope and aspiration for building a vibrant and strong nation which could truly be the world’s largest democracy.
India has come of age and so has the time arrived for a National debate regarding the transparency in the judicial system.
It is not the time to go into the merits of the allegation leveled by Justice Katju, or why it took him ten years to voice the matter, whether UPA or NDA led-government were responsible, what is more important is are there certain deficiencies in the present system and how we can improve upon them to instill the confidence of the people in the judicial system. Some legal experts even suggest that the manner in which the proceedings of parliament are shown live on television, the court proceedings of the high court and the apex court must be broadcasted live in order to demonstrate that ‘Not only must Justice be done; it must also be seen to be done’.
Chief Justice of India RM Lodha told NDTV on Monday morning, "I haven't received the complaint officially... once I get it I will go through the complaint. Normally we ask for a report on the complaint from the Chief Justice of the High Court. In this case, I will seek a report from the Chief Justice of Madhya Pradesh High Court and take action accordingly. I will do my best for the institution."
The additional judge resigned on July 15 and wrote to the CJI and others on August 1, Friday evening. "If this is how a mother, sister and wife can be treated, who is herself no less than a judicial officer duty-bound to protect society and law, what constitutional goals are we serving?" said the woman, who ironically headed a Vishaka committee against sexual harassment.
She has alleged that the High Court judge constantly pestered her and once sent her a message through an official to "perform dance on an item song" at a function at his home. She said she excused herself saying it was her daughter's birthday.
She also alleged that when she spurned the judge's "various advances and malicious aspirations", he targeted her professionally. "The administrative judge, along with district judge and district judge (inspection), possibly made a false, frivolous, baseless and malicious reporting to the chief justice of MP and got me transferred on July 8, in the mid-academic session of my daughters to a remote place Sidhi by overruling the transfer policy of MP HC," she has complained.
She said her appeal for an eight-month extension to allow her daughter's academic year to finish was rejected and has alleged that the judge threatened to "spoil my career completely," when she pleaded against the transfer.
"I was left with no option but to resign, so, I resigned on July 15 in compelling, humiliating and disgraceful circumstances to save my dignity, womanhood, self-esteem and career of my daughter," she has written.