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SOS e Voice For Justice & SOS e Clarion of Dalit
Thursday, 24 August 2017
Eligibility for CJI
Topic: human rights , media

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.35........02  / 09 / 2017

 

Should a Judge With a Serious Moral Flaw Become Chief Justice of India?

BY SHANTI BHUSHAN

Given the allegations of impropriety against him, should Justice Dipak Misra become the next CJI just because he is the senior-most judge in the Supreme Court?

The CJI wields enormous power in shaping the future of the judiciary. Credit: Twitter/Reuters

On August 27, Chief Justice of India (CJI) J.S. Khehar will demit office. The next in line is Justice Dipak Misra, but should the vacancy be filled up simply by the rule of seniority?

The CJI is a constitutional authority and presides over the country’s judiciary, comprising 31 Supreme Court justices, over 1000 high court judges and over 16,000 subordinate judges. The CJI dispenses justice in the highest court in cases involving complex constitutional issues, issues affecting the rule of law, issues having an impact on governance in the country, issues touching the lives and liberties of 1.3 billion Indians, and dispenses justice in regular civil and criminal appeals. As head of the Supreme Court, the CJI wields wide powers not just in administration but also in constituting benches and allocating matters, often politically sensitive ones.

In the First Judges case, the Supreme Court emphasised:

“Judges should be of stern stuff and tough fibre, unbending before power, economic or political, and they must uphold the core principle of the rule of law…”

In the Second Judges case, the Supreme Court in 1993 held:

“It is well-known that the appointment of superior judges is from amongst persons of mature age with known background and reputation in the legal profession… The collective wisdom of the constitutional functionaries involved in the process of appointing superior judges is expected to ensure that persons of unimpeachable integrity alone are appointed to these high offices and no doubtful persons gain entry. It is, therefore, time that all the constitutional functionaries involved in the process of appointment of superior judges should be fully alive to the serious implications of their constitutional obligation and be zealous in its discharge in order to ensure that no doubtful appointment can be made.”

The Supreme Court thus gave primacy to the CJI in the process of selecting judges to be appointed to the apex and high courts. The CJI thus wields enormous power in shaping the future of the judiciary. That is why the present CJI in the National Judicial Appointments Commission (NJAC) case has warned:

“The sensitivity of selecting judges is so enormous and the consequences of making inappropriate appointments so dangerous that if those involved in the process of selection and appointment of judges to the higher judiciary make wrongful selection it may well lead the nation into a chaos of sorts.”

In Manoj Narula vs Union of India, Justice Misra himself observed, “A democratic polity, as understood in its quintessential purity, is conceptually abhorrent to corruption and, especially corruption at high places.”

Land allotment case

Yet, Justice Misra has surprised many by what appears to be a serious lapse in conduct. He had applied for and obtained a lease of two acres of agricultural land in 1979 (while he was a lawyer) from the government of Odisha. In the affidavit filed by him (as a condition for allotment) he said: “I am Brahmin by caste and the extent of landed property held by me including all the members of my family is nil.”


Also read: Old Land Allotment Case Casts Shadow on Justice Dipak Misra’s Nomination as CJI


The lease was later cancelled by a well-considered order passed against him by the additional district magistrate of Cuttack on February 11, 1985, in proceedings under the Orissa Government Land Settlement Act, 1962:

“This G.O specifically provides vide paragraph 4 that a landless person is one who and his family members do not hold land more than two acres and who have no profitable means of livelihood other than agriculture… Therefore I am satisfied that the opposite party (Justice Misra) was not a landless person and as such he was not eligible for settlement of govt land for agricultural purpose. On this ground alone, the lease is liable to be cancelled… I am satisfied that the lessee has obtained lease by misrepresentation and fraud.”

It also appears that there were many other persons who had claimed such land by questionable means. In a writ petition filed by Chittaranjan Mohanty in the high court of Odisha, the court had passed an order on January 18, 2012, directing the CBI to enquire and investigate into unauthorised encroachment/occupation of government lands in the said area. The CBI had registered preliminary enquiry stating:

“(a) PE 1(S)/2011 for probing into the alleged unauthorized encroachment of entire Government land at Bidanasi Area of Cuttack District comprising of 13 mouzas viz Bidyadharpur, Bentakarpada, Ramgarh, Thangarhuda, Brajabiharipur and Unit 1 to Unit 8.”

The CBI submitted a final status report on May 30, 2013, wherein it expressly found that:

“In this case, Shri Dipak Mishra, S/o Raghunath Mishra, Vill-Tulsipur, PS- Lalbagh, Cuttack & permanent R/o Banpur, Puri was sanctioned 2 acres of land by the then Tahasildar Mr. J. A. Khan on 30.11.1979 at Plot No 34, Khata No 330, Mouja- Bidhyasharpur.”

“The allotment order of Tahasildar was cancelled by ADM Cuttack vide Order 11.02.1985. But the record was corrected only on 06.01.12 as per the order passed by the Tahasildar, Cuttack only after 06.01.2012.”

The CBI further found that:

“Enquiry has already revealed certain instances of irregular leasing out of government land to ineligible beneficiaries by the Tahasildar, Cuttack Sadar during the period 1977 to 1980 in Bidyadharpur Mouza. Though some of the cases of irregular lease were cancelled by the ADM (Revenue) on review but the leaseholders had not vacated the said land. Even the records were corrected after 06.01.2012 even though the lease was cancelled during 1984-85.”

The fate of the high court proceedings subsequent to this report remain unclear.

A false statement made in declaration, which is by law receivable as evidence, and using as true such declaration knowing it to be false, are serious offences under Section 199 and Section 200 of the IPC, punishable with up to seven years of imprisonment and a fine. The filing of that affidavit by Justice Misra is thus a very serious matter.


Also read: Seniority as the Norm to Appoint India’s Chief Justice is a Dubious Convention


Justice Misra’s name has even appeared in the suicide note by former Arunachal Pradesh chief minister Kalikho Pul. Though no investigation has taken place in that matter, the inquest report found the suicide note to be genuine. Under Section 32 of The Evidence Act, a suicide note has evidentiary value and must be followed up with a detailed enquiry after lodging an FIR, if need be.

Recently, newspaper reports have also appeared about Justice Misra’s name cropping up in the course of an enquiry by three judges of high courts into allegations against two sitting judges of the Odisha high court.

Should such a person become the CJI, even if he is the senior-most judge? Seniority is an important principle, though not the only principle for appointing the CJI. I have always opposed the supersession of judges for political or ideological considerations. As law minister in 1977, I had opposed the strident demand from my party to supercede judges who had decided the infamous habeas corpus judgement during the Emergency. In this case, however, the issue is of unsuitability on serious ethical considerations.

The recommendation by the present CJI for Justice Misra to succeed him is unfortunate in light of his own observations in the NJAC case. The country will now have to look up to the president and the prime minister to perform their duties, send back the CJI’s recommendation and suggest the appointment of the next judge in seniority.

Shanti Bhushan was India’s law minister from 1977-79 and is a senior advocate in the Supreme Court.

 

Old Land Allotment Case Casts Shadow on Justice Dipak Misra’s Nomination as CJI

BY AJOY ASHIRWAD MAHAPRASHASTA 

A three-member committee of high court judges set up to probe two Odisha judges had to halt their inquiry last month when Justice Misra’s name cropped up.

File photo of CJI J.S. Khehar and his designated successor, Justice Dipak Misra. Credit: Livelaw.in

File photo of CJI J.S. Khehar and his designated successor, Justice Dipak Misra. Credit: Livelaw.in

New Delhi: Can the Modi government appoint Dipak Misra as the next chief justice of the country without first resolving long-pending allegations that he acquired public land intended for the landless poor by submitting a false affidavit? This is the question being put to the prime minister and law minister by Adish C. Aggarwala, president of the International Council of Jurists, in the wake of Chief Justice (CJI) J.S. Khehar’s decision to recommend Justice Misra as his successor. Justice Khehar retires on August 27 and Justice Misra is the senior-most puisne judge at the Supreme Court.

Arguing that Justice Misra’s appointment as the next CJI would “severely compromise the independence of the judiciary,” Aggarwala wrote to Justice Khehar on July 24 asking him to first resolve an ongoing enquiry in which Justice Misra’s name had cropped up before the latter takes over the top judicial position.

Background

An Odisha-based activist, Jayanta Kumar Das, had alleged in a letter to then CJI T.S. Thakur in September 2016 that Justice Misra misrepresented facts in attempting to get hold of public land meant to be distributed to the landless poor for agricultural purposes.

According to information furnished by Das, Justice Misra had applied for allotment of the land to develop a fodder farm in 1979. While in his application to the Odisha government he declared that his family owned 10 acres of land although none of it was in his name, he allegedly concealed this information in a subsequent affidavit.

The affidavit later became the basis for allotment of two acres of land to Justice Misra.

The discrepancy between the application and the affidavit was noticed in 1985 by the additional district magistrate of Cuttack, C. Nayak, under whom the matter rested. Nayak ordered the cancellation of the allotment, noting that Justice Misra came from wealthy and propertied family and, therefore, was not eligible to receive the land grant.

Das’s letter to Justice Khehar quoted from the ADM’s order:

“I am satisfied that the lessee has obtained lease by mis-representation and fraud. The tahsildar has committed material irregularity in the procedure for which the public interest has suffered. It is common knowledge that many poor villagers, particularly weaker section of the community have no means of livelihood and the land available in the village should be made available to them to enable them to earn their livelihood and give them a sense of economic security which is the declared policy of the state”.

However, the ADM’s order was taken into consideration only in 2012 after one Chittaranjan Mohanty moved the Odisha high court in 2009 to demand an enquiry into the matter. The high court, while hearing the writ petition, ordered a CBI enquiry, which in 2013 confirmed the alleged irregularities in the land allotments. Following this, the revenue court ordered cancellation of the land allotments.

Despite the CBI’s findings, the case, which is listed before Justice Indrajit Mohanty, has not progressed.

Probe stopped because SC judge’s name cropped up 

Justice Mohanty is one of two Odisha high court judges against whom an in-house enquiry is being conducted, the other being Justice Sangam Kumar Sahoo.

The enquiry committee comprising three high court judges was set up by former CJI Thakur after he received complaints of corruption and misconduct against the two judges. The committee is  headed by the chief justice of Punjab and Haryana high court, S.J. Vazifdar.

In the course of the enquiry, the committee was forced to stop its investigation after Justice Misra’s name emerged in the alleged land fraud case. “The allegations against the sitting judge of the SC cannot be gone into by this committee as in-house procedure does not permit this committee to do so. The effect thereof on whether this committee can proceed with the inquiry against the two HC judges will be decided separately,” the committee noted, pointing out that it had no authority to probe Supreme Court judges. Consequently, the enquiry against the two judges also stopped midway.

It was reported that during the enquiry, the complainants also presented the allegations against Justice Misra, who is said to be close to the two judges under investigation.

Against this backdrop, Aggarwala wrote to the CJI that the appointment of Justice Misra should be stalled until a probe committee exonerates him of any wrongdoing. Instead of having an enquiry committee comprising high court judges, he demanded for the sake of judicial propriety that an in-house committee that has the power to probe sitting judges in the Supreme Court be constituted to look into the allegations against Justice Misra.

‘Set up in-house committee first’

Aggarwala said that Justice Misra has neither challenged the CBI report nor has he appealed against the revenue court orders that cancelled the allotment of land to him. He added that since the land allotted to him was taken back by the government only after he was appointed as a judge in the Supreme Court, the collegium and the government of India may not have taken the allegations against Justice Misra into consideration, and that it may now be proper for the CJI to constitute an in-house enquiry committee to probe the matter further before he takes over as the next chief justice.

Aggarwala said that since the Indian judiciary is highly respected across the world, “especially in the matters of jurisprudence found in the judgments of Supreme Court of India and different high courts in India”, it should first make the effort to clear the air around allegations of misconduct against Justice Misra before recommending him as the CJI.

However, the CJI appears to have ignored Aggarwala’s letter – which was written on 24 July – as Justice Khehar, according to reports, has already recommended Justice Misra’s name to the law ministry for appointment as the next CJI.

Aggarwala is, therefore, planning to appeal to the government to ask whether the CJI has referred to the allegations against Justice Misra before recommending his name.

“The chief justice of the high court Punjab and Haryana had informed Justice Khehar about the allegations against Justice Misra on June 15, but the CJI has not responded. Therefore, we are planning to write to the president and the prime minister and request them to look into the letter that the CJ of Punjab and Haryana has written. The government can’t inquire into allegations against a sitting judge of SC. This can only done by the in-house committee. We will request the government to ask the CJI whether he had considered the allegations and formed an in-house committee to probe the matter,” Aggarwala told The Wire.

“In the meantime, the government has the power to appoint an acting chief justice under article 126 of the constitution of India until the matter is fully resolved,” he added.

‘Baseless allegations’

The allegations against Justice Misra go back to a period when he was a practicing lawyer at the Cuttack high court. In 2011, when an in-house committee found the allegations of corruption against Justice Soumitra Sen of Kolkata high courtto be true, the top court had ordered his impeachment. In Sen’s case, too, the allegations against him went back to the days when he was a practicing lawyer.

Noted lawyer and political activist Prashant Bhushan told The Wire that it may be too late for any action now. “The charge against Justice Misra is serious. However, in view of the fact that it is quite old and now that he is due to become the CJI very soon, it would be difficult to do anything about it,” he said.

It may be noted that a retired Odisha high court judge, B.P. Das, last year, had alleged that his candidacy for the Punjab and Haryana chief justice’s position was scuttled by Justice Misra because he had ordered a CBI probe into the alleged land fraud case in which Justice Misra was also implicated.

Though The Wire was unable to contact Justice Misra for a response to Aggarwala’s letter and the older controversy it refers to, Justice Misra’s associates had last December dismissed Das’s allegations as “baseless” in remarks to the Economic Times. As for the charge that a false affidavit had been submitted by him to obtain land intended for the poor, the newspaper quoted “people close to Justice Misra” as saying that “the land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations.”

Justice Das disagreed, telling the Economic Times: “The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012, were in possession of this land… There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless.”

Justice Misra is not new to controversy. His name emerged in the 60-page suicide letter by the former chief minister of Arunachal Pradesh, Kalikho Pul, earlier this year. Pul had alleged that relatives of top Supreme Court judges had approached him with offers to swing the president’s rule case in his favour.

Justice Misra was the senior judge on the bench that last November ruled in favour of a petition that the national anthem be played before the screening of all movies in cinema halls and that audience goers had to stand to attention for it. In another controversial decision last year, a bench comprising Justice Misra had rejected the Uttar Pradesh government’s decision to provide reservation in promotion of government employees. He also led the bench which upheld the law of criminal defamation.

If confirmed as CJI, Justice Misra’s tenure will last till October 2018.

 Editorial :  Mishra Threatens  Petitioner

-         Accountability of  Judges MUST

-         Remainder to  Honourable CJI  &  Justice Mishra

Mr.Upendra Mishra ( Justice Dipak Mishra Proxy  or  unrelated ?  )  has threatened the petioner Mr. Nagaraja.M.R.  for petitioning against Justice Dipak Mishra through facebook posting.  Mr. Upendra Mishra  indirectly referred about sending  petitioner to jail.  If  anything untoward happens to me or to my  dependants Mr.Upendra Mishra , Justice Dipak Mishra , CJI  will be jointly responsible along with perpetrators of crime and jointly liable to pay damages.

file:///C:/Users/Administrator/Downloads/High%20Court%20Of%20Judicature%20at%20Allahabad_Lucknow%20Bench.html ,

Police  verification is mandatory , before getting passport or before joining government service. If  police   finds any suspicious  connections , activities by the applicant  and gives adverse report   the person will not get passport or  will not be selected for government service. When even for the post of peon in government positive police verification is mandatory , why NOT for Justice Dipak Mishra.?  Mishra has been indicted by Revenue Assistant commissioner , CBI,  still promotion to CJI why ?  Previously too  few judges indicted by IB  and against the reservation of bar councils were promoted , why ?

Courts of law treats  dying declaration of a person or a witness as an important evidence in cases  involving common people. Whereas in the case of Suicide of Mr.Kalikho Pul former chief minister of Arunachal Pradesh , his suicide note  indicting  Justice Khehar , Justice  Dipak Mishra , President Pranab Mukherjee , others was  not considered as a  dying declaration &  acted upon in right  earnest by SCI , why ? Is there different set of laws for Justice Khehar , Justice Dipak Mishra , President Pranab Mukherjee and commoners ?

 

Supreme  Court Judges take  5 star  pay , perks from the public exchequer but   don’t give accounts of their actions to public .

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime - violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

  In most of the cases , when allegations against judges comes up proper enquiry is not done , no follow up legal prosecution is done. In other cases , no enquiry is done.  RTI  information about such judges is not given to RTI applicants ,  PILs  filed against such judges are not entertained by courts ,  PILs are not registered & taken up for hearing.  Thereby , guilty judges  remain  technically innocent  as no  proper investigation is done , as  they are not  legally prosecuted by investigating agency , as they are not judged , declared as  “Guilty” by any court of law.  All court management.

  Even if a judge is transferred  or resigns or impeached , it  is  not a legal punishment  & definitely not the end of legal prosecution. If a commoner  steals  a jewellery but  returns the same after sometime to the owner with sorry. Is it the end ? is there no punishment for his crime ?  In the same way , what punishment for guilty judge ?

  Now, take the case of Justice Karnan, apex court  took  cognizance of Karnan’s   way of representation , his sound.  Justice Karnan made certain  allegations against high court judges through proper official channel to supreme court of india . Why it did not act till months , till date ? Why SCI did not constitute an  impartial enquiry committee  to investigate ? 

When a person calls  you repeatedly  in a normal polite tone & you do not respond. The  caller concludes  the  hearer is either deaf / dumb / pretending  to be deaf & dumb. In such a scenario , caller yells out at high pitch so that the hearer can hear.

Same way , when SCI failed to act on  his repeated appeals , he yelled  out in open , what is wrong with  him ? Actually SCI is on the wrong side , why it did not conduct enquiry in the first place  at  the first instance?

 To silence him  SCI Judges , Advocate Ram Jethmalani termed Karnan as  lunatic. Are  you subject experts in psychiatry ?  You are not full fledged experts in your own domain , how come in others. is  it not defamation of an individual , contempt of high court of west Bengal ? What punishment for defamers , contemnors ?

  Day in day out , since years SCI Judges are making contempt of citizens of india by not answering RTI questions , by not registering PILs in turn  covering up crimes by judges ,  officials & others. Why no punishment to SCI Judges for contempt of citizens of india ?

  There is wrong from the beginning. There are fake advocates ,  Judicial exam papers are  leaked ,  few  judges  selected are kith & kin of serving / influential judges ( others  not bright ? ) , some judges copy during  the examination , few favorable junior  judges promoted while the  talented senior judge is sidelined in promotion.  So  few  candidates  are  selected as judges  in the illegal way , how can they work in a legal  way ?

Threatening a petitioner with contempt  or  brute police force or fixing petitioner in false cases  is not ethical nor legal.

Read details at following web pages , attachment  & sincerely answer :

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

JAIL  Dipak  Mishra

https://sites.google.com/site/dalitsdiary/dipak-mishra-unfit-judge ,

 

JAIL  Tyrrant  Judges

https://sites.google.com/site/eclarionofdalit/jail-tyrant-judges ,

 

Ugly  face of Judiciary

https://sites.google.com/site/eclarionofdalit/ugly-face-of-judiciary  ,

 

5 Star  Jails & Hell

https://sites.google.com/site/eclarionofdalit/5-star-jails-hell  ,

 

Judges  Connive with  VIP  Prisoners

https://sites.google.com/site/sosevoiceforjustice/judges-connive-with-vip-prisoners

 

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

 

Even as Chief Justice of India (CJI) JS Khehar has recommended the name of senior-most Supreme Court judge Justice Dipak Mishra as his successor, the International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

Since the CJI has already recommended Justice Mishra's name as his successor despite the charges against him, ICJ plans to approach the President and the Prime Minister seeking their intervention.

Lok Sabha MP Harinder Singh Khalsa has also written a letter to the Prime Minister's Office expressing his concern over the CJI's recommendation of Justice Misra.

"I feel very strongly about what is going on at the moment. Allegations of impropriety and the incident with Justice CS Karnan prompted me to write to the Prime Minister," Khalsa told DNA.

In his letter, Khalsa referred to late Arunachal Chief Minister Kalikho Pul's suicide letter which accused several judges of the higher judiciary of corruption. Khalsa wrote: "The people of this country who certainly expect the next CJI to be not merely a Caeser's wife above suspicion but a judicial statesman, a tall figure whose integrity and probity is beyond doubt."

As first reported by DNA, an in-house probe headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar and two other Hgh Court judges against two Orissa High Court judges was abruptly stopped when the name of a sitting Supreme Court Justice cropped up. The committee wrote to CJI Khehar and stated that it could not conduct any enquiry against a sitting Supreme Court judge.

The ICJ wrote a letter to CJI Khehar on July 24 and sought an internal probe against Justice Misra since its own enquiries had "revealed that the Supreme Court judge in question is Justice Dipak Misra, who is the senior-most after the CJI."

"We seek your indulgence to immediately appoint an in-house committee consisting of Judges of Supreme Court of India to look into the allegations against Mr Justice Dipak Misra, Judge, Supreme Court of India, to ensure transparency in the functioning and independence of Indian judiciary," the letter sent by ICJ president Adish Aggarwala reads.

The ICJ letter also refers to a September 2016 complaint filed by one Jayanta Kumar Das, alleging that Justice Misra was involved in the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack when he was a lawyer. According to ICJ Aggarwala, Justice Misra was allotted land in 1979 when he was an advocate there and there is a court order with adverse remarks in the matter pertaining to the land.

"Your Lordship, since institutional integrity is involved in the whole episode and that the allegations are against a sitting apex court judge, who may be considered for appointment as next Chief Justice of India, it is incumbent on you to clear the doubts in the minds of the public and lawyers about your successor," the letter says.

It also points out that when allegations of impropriety were made against Justice Soumitra Sen of the Calcutta High Court, "allegations, which were much less serious than those against Mr. Justice Dipak Mishra, the then CJI immediately constituted an in-house committee to look into the allegations against him".

"Once the veracity of allegations against him (as an advocate) was established, the then CJI recommended his impeachment. Unless a similar procedure of enquiry is followed in case of Mr Justice Dipak Misra, the high name of Indian judiciary may be smirked," it says.

 

Cropping Up Of SC Judge’s Name During Inquiry Is No Reason To Stall Probe Against Orissa HC Judge, CJAR Writes To In-House Committee Chairman

Read more at: http://www.livelaw.in/cropping-sc-judges-name-inquiry-no-reason-stall-probe-orissa-hc-judge-cjar-writes-house-committee-chairman/

 

Intellectual Dishonesty Is The Biggest Challenge To The Independence Of Judiciary: Senior Advocate Dushyant Dave 
Read more at: http://www.livelaw.in/intellectual-dishonesty-biggest-challenge-independence-judiciary-senior-advocate-dushyant-dave-video / ,

https://www.youtube.com/watch?v=YiqRt9YsYhQ&t=825s ,

 

Why The kith And Kin Of Judges Being Mostly Considered For Appointments? Asks SCBA President

http://www.livelaw.in/kith-kin-judges-mostly-considered-appointments-asks-scba-president-judges-child-calibre-heshe-can-become-judge-cji/ ,



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Posted by naghrw at 1:59 PM
Tuesday, 22 August 2017
Mishra Threatens Petitioner
Topic: human rights , media

Dalit’s  Diary  -   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.34… . 30  / 08 / 2017

 

Editorial :  Mishra Threatens  Petitioner

-         Accountability of  Judges MUST

-         Remainder to  Honourable CJI  &  Justice Mishra

Mr.Upendra Mishra ( Justice Dipak Mishra Proxy  or  unrelated ?  )  has threatened the petioner Mr. Nagaraja.M.R.  for petitioning against Justice Dipak Mishra through facebook posting.  Mr. Upendra Mishra  indirectly referred about sending  petitioner to jail.  If  anything untoward happens to me or to my  dependants Mr.Upendra Mishra , Justice Dipak Mishra , CJI  will be jointly responsible along with perpetrators of crime and jointly liable to pay damages.

file:///C:/Users/Administrator/Downloads/High%20Court%20Of%20Judicature%20at%20Allahabad_Lucknow%20Bench.html,

Police  verification is mandatory , before getting passport or before joining government service. If  police   finds any suspicious  connections , activities by the applicant  and gives adverse report   the person will not get passport or  will not be selected for government service. When even for the post of peon in government positive police verification is mandatory , why NOT for Justice Dipak Mishra.?  Mishra has been indicted by Revenue Assistant commissioner , CBI,  still promotion to CJI why ?  Previously too  few judges indicted by IB  and against the reservation of bar councils were promoted , why ?

Courts of law treats  dying declaration of a person or a witness as an important evidence in cases  involving common people. Whereas in the case of Suicide of Mr.Kalikho Pul former chief minister of Arunachal Pradesh , his suicide note  indicting  Justice Khehar , Justice  Dipak Mishra , President Pranab Mukherjee , others was  not considered as a  dying declaration &  acted upon in right  earnest by SCI , why ? Is there different set of laws for Justice Khehar , Justice Dipak Mishra , President Pranab Mukherjee and commoners ?

 

Supreme  Court Judges take  5 star  pay , perks from the public exchequer but   don’t give accounts of their actions to public .

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime - violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

  In most of the cases , when allegations against judges comes up proper enquiry is not done , no follow up legal prosecution is done. In other cases , no enquiry is done.  RTI  information about such judges is not given to RTI applicants ,  PILs  filed against such judges are not entertained by courts ,  PILs are not registered & taken up for hearing.  Thereby , guilty judges  remain  technically innocent  as no  proper investigation is done , as  they are not  legally prosecuted by investigating agency , as they are not judged , declared as  “Guilty” by any court of law.  All court management.

  Even if a judge is transferred  or resigns or impeached , it  is  not a legal punishment  & definitely not the end of legal prosecution. If a commoner  steals  a jewellery but  returns the same after sometime to the owner with sorry. Is it the end ? is there no punishment for his crime ?  In the same way , what punishment for guilty judge ?

  Now, take the case of Justice Karnan, apex court  took  cognizance of Karnan’s   way of representation , his sound.  Justice Karnan made certain  allegations against high court judges through proper official channel to supreme court of india . Why it did not act till months , till date ? Why SCI did not constitute an  impartial enquiry committee  to investigate ? 

When a person calls  you repeatedly  in a normal polite tone & you do not respond. The  caller concludes  the  hearer is either deaf / dumb / pretending  to be deaf & dumb. In such a scenario , caller yells out at high pitch so that the hearer can hear.

Same way , when SCI failed to act on  his repeated appeals , he yelled  out in open , what is wrong with  him ? Actually SCI is on the wrong side , why it did not conduct enquiry in the first place  at  the first instance?

 To silence him  SCI Judges , Advocate Ram Jethmalani termed Karnan as  lunatic. Are  you subject experts in psychiatry ?  You are not full fledged experts in your own domain , how come in others. is  it not defamation of an individual , contempt of high court of west Bengal ? What punishment for defamers , contemnors ?

  Day in day out , since years SCI Judges are making contempt of citizens of india by not answering RTI questions , by not registering PILs in turn  covering up crimes by judges ,  officials & others. Why no punishment to SCI Judges for contempt of citizens of india ?

  There is wrong from the beginning. There are fake advocates ,  Judicial exam papers are  leaked ,  few  judges  selected are kith & kin of serving / influential judges ( others  not bright ? ) , some judges copy during  the examination , few favorable junior  judges promoted while the  talented senior judge is sidelined in promotion.  So  few  candidates  are  selected as judges  in the illegal way , how can they work in a legal  way ?

Threatening a petitioner with contempt  or  brute police force or fixing petitioner in false cases  is not ethical nor legal.

Read details at following web pages , attachment  & sincerely answer :

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

JAIL  Dipak  Mishra

https://sites.google.com/site/dalitsdiary/dipak-mishra-unfit-judge ,

 

JAIL  Tyrrant  Judges

https://sites.google.com/site/eclarionofdalit/jail-tyrant-judges ,

 

Ugly  face of Judiciary

https://sites.google.com/site/eclarionofdalit/ugly-face-of-judiciary  ,

 

5 Star  Jails & Hell

https://sites.google.com/site/eclarionofdalit/5-star-jails-hell  ,

 

Judges  Connive with  VIP  Prisoners

https://sites.google.com/site/sosevoiceforjustice/judges-connive-with-vip-prisoners

 

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

 

Even as Chief Justice of India (CJI) JS Khehar has recommended the name of senior-most Supreme Court judge Justice Dipak Mishra as his successor, the International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

Since the CJI has already recommended Justice Mishra's name as his successor despite the charges against him, ICJ plans to approach the President and the Prime Minister seeking their intervention.

Lok Sabha MP Harinder Singh Khalsa has also written a letter to the Prime Minister's Office expressing his concern over the CJI's recommendation of Justice Misra.

"I feel very strongly about what is going on at the moment. Allegations of impropriety and the incident with Justice CS Karnan prompted me to write to the Prime Minister," Khalsa told DNA.

In his letter, Khalsa referred to late Arunachal Chief Minister Kalikho Pul's suicide letter which accused several judges of the higher judiciary of corruption. Khalsa wrote: "The people of this country who certainly expect the next CJI to be not merely a Caeser's wife above suspicion but a judicial statesman, a tall figure whose integrity and probity is beyond doubt."

As first reported by DNA, an in-house probe headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar and two other Hgh Court judges against two Orissa High Court judges was abruptly stopped when the name of a sitting Supreme Court Justice cropped up. The committee wrote to CJI Khehar and stated that it could not conduct any enquiry against a sitting Supreme Court judge.

The ICJ wrote a letter to CJI Khehar on July 24 and sought an internal probe against Justice Misra since its own enquiries had "revealed that the Supreme Court judge in question is Justice Dipak Misra, who is the senior-most after the CJI."

"We seek your indulgence to immediately appoint an in-house committee consisting of Judges of Supreme Court of India to look into the allegations against Mr Justice Dipak Misra, Judge, Supreme Court of India, to ensure transparency in the functioning and independence of Indian judiciary," the letter sent by ICJ president Adish Aggarwala reads.

The ICJ letter also refers to a September 2016 complaint filed by one Jayanta Kumar Das, alleging that Justice Misra was involved in the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack when he was a lawyer. According to ICJ Aggarwala, Justice Misra was allotted land in 1979 when he was an advocate there and there is a court order with adverse remarks in the matter pertaining to the land.

"Your Lordship, since institutional integrity is involved in the whole episode and that the allegations are against a sitting apex court judge, who may be considered for appointment as next Chief Justice of India, it is incumbent on you to clear the doubts in the minds of the public and lawyers about your successor," the letter says.

It also points out that when allegations of impropriety were made against Justice Soumitra Sen of the Calcutta High Court, "allegations, which were much less serious than those against Mr. Justice Dipak Mishra, the then CJI immediately constituted an in-house committee to look into the allegations against him".

"Once the veracity of allegations against him (as an advocate) was established, the then CJI recommended his impeachment. Unless a similar procedure of enquiry is followed in case of Mr Justice Dipak Misra, the high name of Indian judiciary may be smirked," it says.

 

Cropping Up Of SC Judge’s Name During Inquiry Is No Reason To Stall Probe Against Orissa HC Judge, CJAR Writes To In-House Committee Chairman

Read more at: http://www.livelaw.in/cropping-sc-judges-name-inquiry-no-reason-stall-probe-orissa-hc-judge-cjar-writes-house-committee-chairman/

 

Intellectual Dishonesty Is The Biggest Challenge To The Independence Of Judiciary: Senior Advocate Dushyant Dave 
Read more at: http://www.livelaw.in/intellectual-dishonesty-biggest-challenge-independence-judiciary-senior-advocate-dushyant-dave-video / ,

https://www.youtube.com/watch?v=YiqRt9YsYhQ&t=825s ,

 

Why The kith And Kin Of Judges Being Mostly Considered For Appointments? Asks SCBA President

http://www.livelaw.in/kith-kin-judges-mostly-considered-appointments-asks-scba-president-judges-child-calibre-heshe-can-become-judge-cji/ ,

APPOINTMENT OF SUPREME COURT JUDGES IN INDIA & NECESSARY JUDICIAL REFORMS

 

By  P Mohan Chandran

 

The appointment of Supreme Court judges in India has created quite a furore among the Indian executive and judiciary alike. It has been mired in controversies galore in the wake of the National Judicial Appointments Commission (NJAC) Act being struck down and declared unconstitutional by a five-judge Supreme Court bench headed by Justice J.S. Khehar, after a marathon hearing for 31 days on the issue of the validity of the 99th constitutional amendment and the NJAC Act. As the judicial vacancies in High Courts kept rising, touching about 40%, Justice Khehar delivered the historic verdict that the judicial appointments would not be put on hold and the Collegium process would continue until the Constitution Bench decided on reforms.

COLLEGIUM SYSTEM & ITS ORIGIN

In the Collegium system, the Chief Justice of India (CJI) and a panel comprising four senior-most judges of the Supreme Court recommend appointments and transfers of judges. The collegium system evolved after three landmark judgments of the Supreme Court, popularly known as the ‘three judges cases’ that comprised the first, second and the third judges cases.

The first judges case was the SP Gupta case. It was decided on December 30, 1981 that the President, with sensible reasons, could reject judges’ names recommended by the CJI. This shifted more power on the executive from the judiciary in the appointments process.

In the second judges’ case, a nine-judge bench of the Supreme Court overturned the verdict of the first judges case by creating a Collegium system. The majority verdict delivered by Justice J.S. Verma in the Supreme Court Advocates on Record Association Vs Union of India case on October 6, 1993, stated that the CJI should be entrusted with the primary role of appointments of judges. However, the three judges ruling in this case could not reach a consensus on the exact role of the CJI in the process, leading to a lot of confusion in the appointment and transfer of judges for years.

The final judgement in the series, the third judges case (October 28, 1998) made things clearer after the President’s request to the Supreme Court for a clarity. In this case, the Supreme Court came up with nine guidelines that the Collegium system should follow to function effectively. This case established the supremacy of the judiciary in the appointment and transfer of judges.

WHAT IS NJAC?

NJAC or the National Judicial Appointments Commission is a constitutional body proposed to replace the existing Collegium system of appointing judges. The NJAC proposed a transparent and broad-based process of selection of judges of the Supreme Court and High Courts. The judges of the Supreme Court and High Courts were to be selected by the NJAC commission, whose members were drawn from the judiciary, legislature and civil society.

The NJAC was established by amending the Constitution (99th Amendment) Act, 2014, passed by the Lok Sabha and the Rajya Sabha in August 2014. Alongside, the Parliament also passed the National Judicial Appointments Commission Act, 2014, to regulate the functions of NJAC. The State legislatures of 16 states ratified both the Bills and the President gave his assent on December 31, 2014. The NJAC Act and the Constitutional Amendment Act came into force from April 13, 2015.

 

Constitution of the NJAC

The NJAC will consist of six people: the Chief Justice of India (CJI), two senior-most judges of the Supreme Court, the Law Minister, and two ‘eminent persons’. These eminent persons would be nominated for a three-year term by a committee consisting of the CJI, the Prime Minister, and the Leader of the Opposition in the Lok Sabha. One eminent person had to be nominated from among the Scheduled Castes, Scheduled Tribes, OBCs, minorities or women. These eminent persons were not eligible for re-nomination.

 

Maintaining Judicial Independence

The judicial representatives in the NJAC – the CJI and two senior-most judges – can veto any name proposed for appointment to a judicial post if they disapprove of it. A proposal once vetoed cannot be revived. At the same time, the judges require the support of other members of the commission to get a name through.

 

Method of Appointment of Judges Prior to NJAC

Articles 124 and 217 of the Constitution deals with the appointment of judges of the higher judiciary. According to these Articles, judges are appointed by the President of India after consultation with the CJI and other judges. The term “consultation” is of great significance here because in 1993, in the Second Judges case, the Supreme Court decided that the CJI must agree to all judicial appointments. This created the Collegium system, wherein the three senior-most Supreme Court judges decided on who would be a judge of the High Court or the Supreme Court.

 

‘FLAWED’ COLLEGIUM SYSTEM – THE ‘CRUX’ OF THE CRISIS

The Central government criticised the Collegium system stating it has created an imperium in imperio, i.e., empire within an empire, within the Supreme Court. The Supreme Court Bar Association too blamed it for creating a “give-and-take” culture, causing a chasm between the haves and have-nots. The Bar Associated noted that the common man keeps struggling for years to get justice, while politicians and actors get instant relief from courts.

Many eminent jurists, too, time and again, have expressed their reservations about the impartiality of the Collegium system. Former Chief Justice of India, Late Justice JS Verma, who was a part of the panel of judges who delivered the historical 1993 judgment introducing the collegium system, during the fag end of his life, surprisingly expressed displeasure at the verdict as many shortcomings had crept into the system in the past 20 years since its introduction. Several detractors of NJAC also argued that the new political element would destroy judicial independence.

In 2015, Attorney General Mukul Rohtagi, during his arguments in the Supreme Court on the petition challenging the National Judicial Appointments Commission (NJAC), described the Collegium system as “dead and buried”. Rohtagi said that in no other country, except in India, judges were appointed by judges, and he opined that the new system would lead to infusing more accountability and transparency into the judicial system.

According to Justice Chelameswar, who was a keen external observant of the dynamics of the Collegium system for the past five years and also an insider for quite some time, felt that the Collegium, since its constitution, never maintained a record of the minutes of its meetings of the five members and their deliberations. Justice Chelameswar indicated that an absence of record implied that the Chief Justice of India (CJI) could present the Collegium’s opinions to the government as unanimous decisions, thus suppressing any dissent within the body, until there was proof otherwise. The issue of ‘lack of record’ questions the Supreme Court’s creation of the Collegium through its nine-judge bench’s ruling in the Second Judges case in 1993.

The Supreme Court, in the Third Judges case, in its advisory opinion to the President on October 28, 1998 held that “the opinion of all members of the Collegium in respect of each recommendation should be in writing.” The Supreme Court also held that “the ascertainment of the views of the senior-most Supreme Court judges who hail from High Courts from where the persons to be recommended come, must also be in writing.” From this verdict of the Supreme Court, it is quite clear that the Supreme Court made it mandatory for the Collegium to maintain a record of its proceedings, including the Collegium members’ reasons for recommending or rejecting a candidate considered by them.

If one of the members of the Collegium dissents on the recommendation of a particular judge, then the government can ask the Collegium to reconsider the recommendation on this ground. However, such a recommendation is binding on the government if the Collegium reiterates it, but such reiteration has to be unanimous for the government to accept it. Thus, a dissenting member of the Collegium gets an opportunity to exercise the option to ‘veto’ a recommendation while reconsidering it. In the judgment of the Third Judges case, paragraph 26 clearly states that only a unanimous reiteration entails an appointment. Thus, with the failure of the Collegium to keep a record of its proceedings, the government cannot know whether the original recommendation or a reiteration (when asked to reconsider) was a unanimous one, and it is compelled to rely on the CJI’s word. But, if the CJI’s word were to be contested by the other Collegium members, then complying with CJI’s word would create some issues to the government.

An instance of a negative consequence of not maintaining records came to light in March 2016, when a challenge filed by Lalit Kumar Mishra, a former additional judge of the Orissa High Court, regarding his non-appointment as a permanent judge of the High Court despite his name being recommended by the Supreme Court Collegium, was dismissed by the Supreme Court bench comprising Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant. Mishra’s contention was that there was nothing in writing that suggested that the Supreme Court Collegium had reconsidered its recommendation to make him a permanent judge of the High Court. Thus, the absence of record-keeping is the crux of the crisis.

 

NJAC – THE BONE OF ‘CONTENTION’

The following were some of the issues that were the bone of contention between the government and the judiciary:

·         The Memorandum of Procedure for appointing judges was a bone of contention, with the judiciary refusing to accept the government’s proposals.

·         Several clauses, including the inclusion of the law minister into NJAC, has been unpalatable by the judiciary.

·         The government’s insistence on including its clauses has led to a gridlock, with judicial delay and unfilled vacancies.

The following were the reactions of some of the prominent lawyers from the horse’s mouth on the Supreme Court’s decision:

Abhishek Manu Singhvi: “Having seen the good and later the disturbing operation of both the government appointments and the Collegium system, I think the NJAC should have been given a chance. In my personal view, the judgment is disappointing. Let us hope that there will be real, actual and significant reforms in the content and operation of the Collegium system.” 

M.N. Krishnamani, Former President, Supreme Court Bar Association: “I am not happy with the judgment. The power was initially vested with the executive, subject to consultation with the CJI. That could not have been changed by the judiciary.”


Prashant Bhushan: “It is very heartening to note that the Supreme Court has put its foot down firmly on attempts to dilute the independence of the judiciary by allowing the executive government a say in the process of appointing judges. This will mean a revival of the Collegium system, which suffers from problems such as lack of transparency and lack of definite eligibility criteria for selection of judges. For this, one needs an independent full-time body, which is independent of both the judiciary and the government.”


Kapil Sibal: “This is a great success for Indian democracy. This government and its legal advisors should resign. I hail the judgment for ensuring the independence of the judiciary and not allowing any attempts to make inroads into the independence of the judiciary and for throttling the basic freedoms of the citizenry. However, we do request the judiciary to evolve more transparent procedures to ensure the judiciary gives enough confidence to the bar and the people.”

 
THE NEED FOR JUDICIAL REFORMS

As most of the legal fraternity seemed to be against the flawed collegium system as explained above, the Modi government felt a need to reform it in 2014. However, it faltered because its focus was more on how it could control the appointment of judges through the NJAC rather than on reforms.

A good way to end the executive-judiciary impasse would be to make public any future correspondence on the Memorandum of Procedure (MoP), which will act as a catalyst in infusing transparency in judicial appointments. MoP for collegium appointments, as suggested by the government, aims at having an institutional and transparent process of judicial appointments, wherein more people, instead of a closed group, are involved in the appointment of judges.

The government had proposed some of the following measures to reform the judicial appointment process:

·         There should be an age limit set up for appointment of judges.

·         Instead of only the Collegium, all judges should vet the list of names of judges to be selected.  

·         Chief Ministers, Attorney Generals and Advocate General should have a say in the appointment of judges.

·         The criteria of merit, seniority and integrity should be strictly followed while promoting a High Court Chief Justice or a judge to the Supreme Court. Preference should be given to Chief Justices of High Courts, keeping in mind their ‘inter-se seniority’.

·         When a senior Chief Justice is overlooked for elevation to the Supreme Court, the reasons for it must be recorded in writing. The views of each of the five judges of the Collegium must be made known to the government in writing.

·         An institutional mechanism by way of a committee to be constituted to aid the Collegium in the evaluation of suitable prospective judges. Two retired judges of the Supreme Court and one eminent person/jurist should be jointly nominated by the Chief Justice of India and the Government of India, with an aim to create wider consultation for selecting best candidates.

·         There should be a secretariat created under the Law Ministry to keep a record of the database of judges, Collegium meetings, maintain records and receive recommendations/complaints concerning the posting of judges. The secretariat would help ensure a wider net for better candidates and the Collegium would also have comparative data for making better decisions.

·         The names of the judges whose Intelligence Bureau report is negative to be struck down from the list of names for judicial appointments to the Supreme Court.

 

ELIMINATING NEPOTISM – THE NEED OF THE HOUR

An important step in reforming the Indian judiciary would be to eliminate nepotism. On August 19, 2016, a Hindi news portal, www.indiaspeaksdaily.com, published a detailed article on the kind of nepotism prevailing when a list was sent by the Allahabad High Court to the Supreme Court for appointment of judges. The article mentions that there are dozens of judges whose sons, daughters and relatives are also judges. The article enlightens us on several aspects of judicial appointments and mentions that many of the names suggested in the list sent by Allahabad High Court do not fulfill many of the eligibility conditions for appointment of judges. The article states that in the year 2000, 8 out of the 13 judges suggested by the Allahabad High Court Collegium were relatives of sitting judges. According to the article, 90 of the 159 names suggested in the list by Allahabad High Court were relatives of different judges. However, the whole list was later dismissed.

Another article titled “Relatives of 9 Judges Appointed Law Officers”, published by the Tribune on July 7, 2013, mentions the trend of judges having relatives practicing in the same courts.

In yet another case of corruption that involved 73 judges, some of the judges enrolled themselves as members of the Karnataka State Judicial Department Employees House Building Cooperative Society and bought plots meant for housing court employees, who were unable to afford accommodation, at huge discounts. Some of the judges included ex-Chief Justice of India H.L. Dattu, ex-CJI M.N. Venkatachalaiah, and the current Chief Justice of India, T.S. Thakur too, who bought plots in that society. DNA City had covered this news article on November 23, 2011. In spite of this controversy, both H.L. Dattu and T.S. Thakur became Chief Justices of India.

There have been several cases of corruption and allegations on various judges such as Justice Y.K. Sabharwal, Justice V. Ramaswami, Justice A.S. Anand, Justice Vijendra Jain, Justice F.I. Rebello, Justice K.G. Balakrishnan and many more, who continue either continue to retain their positions or even grow.

It is said that Justice K.G. Balakrishnan’s appointment was also a kind of scandal. In 1998, when the NDA government came to power, the question of appointment of Supreme Court judges had come up. The Supreme Court Collegium gave a list that went to the President for appointment through the law ministry. Upon receiving the file, the President sent a name back to the Law minister to be considered for Supreme Court. K.R. Narayanan was the President then and the first Dalit President, too. K.G. Balakrishnan too was a Dalit. When the file was sent to the President again, he sat on the file and when the file was sent for the third time to the President, the President seemed to have insisted and got K.G. Balakrishnan appointed, who had one of the longest terms of over 3 years as the Chief Justice of India. Later, it is alleged that K.G. Balakrishnan also got several other judges appointed to the Supreme Court according to his whims and fancies.

According to some sources, Devi Das Thakur, late father of T.S. Thakur, was a good friend of Girdhari Lal Dogra of Congress, who, in turn, is related to a senior cabinet minister. Ex-CJI A.S. Anand was also Dogra’s friend.

Justice K.G. Balakrishnan’s son became a judge and Justice Y.G. Chandrachud’s son also became a Supreme Court judge. It is rumored that ex-CJI Ranganath Mishra’s nephew, Justice Dipak Mishra is expected to become the CJI in 2017.

Many judges post-retirement also land up with plum sinecure positions as a quid pro quofor a few favors done to the government. When the law does not allow a judge to practice in the same court after retirement, fearing wielding of undue influence, it seems quite illogical how a judge can be allowed to seek post-retirement benefits. Chief Justice of India T.S. Thakur’s father became a Governor, while ex-Chief Justice of India, P. Sathasivam was appointed as the Governor of Kerala. Some of the post-retirement benefits are also given away by way of unlimited perks on esteemed panels, committees and commissions. Chief Justice of India, Ranganath Mishra became a Congress MP after retirement, while many other cushy jobs such as National Human Rights Commission (NHRC), National Green Tribunal (NGT), Press Council of India (PCI) are reserved for and later awarded to senior judges. For instance, Justice Markandey Katju became the Chairman of the PCI in 2011.

 

THE WAY AHEAD

It is quite often said that judiciary and politics are strange-bed mates and there seems to be excess of impropriety, corruption and nepotism in India’s judicial system. It is clear that several deals have changed hands, limits have been transgressed and the justice delivery system is crippled. Our judicial appointment system has oscillated between two extremes in the last four decades – from excessive political interference by Indira Gandhi to the arbitrary and opaque Collegium system. It is now high time to strike a middle path. Right thinking citizens must get involved and give an opportunity for the judiciary to be redeemed and entangled from the clutches of political power, so that it can act independently, fearlessly, shunning nepotism forever.

 

DECLARATION 



Name : ...........................NAGARAJA.M.R. 



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It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

 Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. 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 , rich crooks , criminals 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 , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants 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. 

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.


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 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 , Judges , public servants & Constitutional functionaries. 

date :  22 .08 .2017…………………………..Your's sincerely,

place : India…………………………………...Nagaraja.M.R. 

 

 

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Posted by naghrw at 12:22 PM
Thursday, 17 August 2017
JAIL Dipak Mishra

Dalit’s  Diary  -   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.33… . 23  / 08 / 2017

 

Editorial :  Dipak  Mishra  Unfit  Judge?  Don't elevate him as CJI ,  JAIL  him

-          An Appeal to H.E.Honourable President of India

  

 Justice  Dipak  Mishra  has a criminal past of fraud , cheating the authorities   to get land allotment. He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla - Sahara ,  lake , forest , revenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. Allthrough Union Government and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don't  dance to the  tune of corrupt  higher judges , corrupt ministers  , don't get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

   Hereby , I  appeal  to  you , to legally prosecute  CJI  Khehar,  shadow CJI  Dipak Mishra  and  Ex President of India Pranab Mukherjee for their crimes.  If CJI cann’t give justice , let him  give  an affidavit in writing stating that  “ Inspite  of receiving lakhs of rupees salary , perks from public exchequer  for decades we are unfit for public service , we  only serve , rich & mighty “.

  Afterwards ,  kill me sufferer of Injustices  with your due permission  for mercy killing.  In such a scenario , I wish to  get killed  by  gun shots fired by Indian Army Soldiers. Our  soldiers are the  true guardians of our motherland NOT the Judges or Police or Politicians.

 

Refer  Appeals for Justice (with referenca numbers)   sent to :

H.E.Honourable President o India -   PRSEC/E/2017/11027 

Honourable Prime Minister of India  -  PMOPG/E/2017/0448309

Honourable Secretary General / Registrar - , Supreme Court of India  -  DEPOJ/E/2017/03769

Honourable Union Minister for Law & Justice - DLGLA/E/2017/01261

Honourable Union Minister for Home Affairs  ­- MINHA/E/2017/06329

 

Thanking you ,

Nagaraja Mysuru  Raghupathi

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

 

PIL –   JAIL  Dipak Mishra Unfit Judge & Others

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

....Respondents

 

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.

 

To ,

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 public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , Dipak Mishra , President Mukherjee & others in the crime. 

Justice  Dipak  Mishra  has a criminal past of fraud ,  cheating the authorities   to get land allotment. . He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla - Sahara ,  lake , forest , rvenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. Althrough Union Governmant and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don't  dance to the  tune of corrupt  higher judges , corrupt ministers  , don't get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

   Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?

 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ?  Why no action against JS Khehar , Dipak Mishra & Pranab Mukherjee ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before  big crooks CBI , Police are zeroes.

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar ,  Supreme Court Judge Dipak Mishra , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

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  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 a . 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 case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar, Supreme Court Judge Dipak Mishra , Former President of India Mukherjee & others and arrest them for legal prosecution with respect to Orissa Land allotment scam , Arunachal Pradesh Chief minister change over , death of CM Kalikho Pul, Cover up of  Birla Sahara Scam ,  Reliance Oil Basin Scam , Lake & Land Encroachments in bangalore , Karnataka., etc.

c. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.

d. Till investigation is over , hold the promotion of Dipak Mishra  to the post of Chief Justice of India.

e . 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.

 

Dated 12th    August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Cloud over Dipak Misra as Chief Justice: ICJ claims he is tainted

 

A  cloud hangs over the appointment of the next Chief Justice of India. Though incumbent CJI JS Khehar recommended the name of Supreme Court Justice Dipak Misra as his successor on 25 July, there is a roadblock that must first be passed before such an appointment is made.

The obstacle in Misra's path is the International Council of Jurists (ICJ), which has sought a probe against alleged irregularities during his career. ICJ also plans to approach the Centre to oppose his appointment.

ICJ had submitted a petition urging Justice Khehar to appoint an in-house committee consisting of Supreme Court judges to look into allegations of Justice Misra’s alleged involvement in a land scam in Odisha while he was an advocate.

THE SCAM

The alleged land scam involved the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack in favour of private persons. According to ICJ president Adish C Aggarwala, Misra got the land allotted in 1979 when he was an advocate.

ICJ, in its petition, has referred to a CBI report before the Odisha High Court in which it had indicted him for “fraudulently” acquiring a plot of land in Cuttack.

“Misra was among 300 people who were allotted the public land in Cuttack. Many of the beneficiaries including Misra, who was then an advocate, made false declarations that they didn't own any land so that they could get the plots,” Aggarwala told Catch.

Despite an order by the Orissa High Court, he says, Misra continued to wrongly possess the land. Misra, who became a Supreme Court Judge in 2011, gave up possession only in 2013 after the CBI indicted him.

“Following a petition, the High Court in 2011 ordered the Cuttack revenue department to conduct an enquiry into the allegations. The probe found the allegations to be true and revenue officials were ordered by the court to take back the possession of land allotted to Mishra and many other influential people," Aggarwala says.

“By that time Mishra had become a SC judge so, the revenue authorities did not take back the possession. Subsequently, the High Court ordered the CBI to probe the matter. The CBI, in its report to the court, indicted Misra of fraudulently obtaining the land. It said that Misra had given a false declaration of being landless and showed lower income in order to be entitled to be a beneficiary of the land meant only for the poor," he added.

“When Misra learnt about the CBI report, he quickly gave up the possession of the land to save himself,” says Aggarwala.

STRONG OPPOSITION

The ICJ, comprising jurists from across the globe, is in the process of petitioning the Modi government against Misra being appointed the CJI.

“It appears that CJI did not consider our complaint and recommended his name. It is his duty to consider our complaint and appoint an in-house committee consisting of Judges of the Supreme Court to look into the allegations,” says Aggarwala.

×

“We will make a representation to the Government against Misra. A judge who has been accused of fraud and a CBI report is pending against him, cannot be made the CJI,” he said.

Earlier retired Orissa High Court judge, Justice BP Das, who had ordered the CBI probe in the land scam case, accused Misra of scuttling his candidacy as chief justice of the Punjab & Haryana High Court.

“In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but for this, I would have retired as chief justice,” an Economic Times report from last year quoted Das as saying.

Currently the seniormost SC judge after Khehar, Misra served as the Chief Justice of Patna and Delhi High Courts before being elevated as a SC judge in October 2011.

QUESTIONABLE CALLS

The Justice Misra-led SC bench in 2016 mandated the playing of the national anthem before movies in cinema halls. The judgment attracted severe criticism from several quarters for imposing a notion of nationalism on people.

Earlier, while heading a Madhya Pradesh High Court bench, Justice Misra had banned the screening of Karan Johar's blockbuster Kabhi Khushi Kabhi Gham for commercially exploiting the national anthem.

Taking strong exception to the sequence in the film in which a boy sings one part of the anthem and his mother completes it, Justice Misra - writing the judgement - had then held that "the national anthem has been sung as if it is a song of advertisement for a commercial purpose" and banned the film's screening unless the scene was deleted.

He also led the apex court bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon's appeal to stop his execution.

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

-judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI's notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge's name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment -- the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

·         The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.

·         Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land. 

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless. 

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013. 

"The link and presumption is not unfounded," Justice Das said by phone from Cuttack.  "In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but for this, I would have retired as chief justice." 

Justice Misra's office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts. 

"The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations," the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017. 

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President's office declined to comment on the matter. 

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected. 

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report. 

"The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land," Justice Das said. "There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless." 

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court. 

"Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment," Das said. "Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn't declare his interest to the SC collegium." 

People close to Misra debunked this allegation as a disgruntled grouse. "These are someone's grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas," they said. 

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had "serious reservations" about appointing Justice Das as chief justice of the Punjab & Haryana High Court. 

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation's top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018. 

"It may not have been brought to the notice of the collegium, but I don’t have any records," Justice Das said. 

"This is something very serious and was not brought to the notice of the collegium. There was no IB report also," said a legal luminary who asked not to be identified. "The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur." 

"Justice Misra is known for his credibility and integrity," the people close to him said. "Do you think it is possible that the facts weren't brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn't know about it?" 

 

 

Probe  CJI  for  Kalikho Pul's suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul's `suicide' note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be "seriously investigated by a credible investigation team", a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page 'suicide note' of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.


According to the purported diary, captioned "Mere Vichar", of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that 'Mere Vichar' was actually his suicide note, Dangwimsai told the vice-president: "Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government."

 


Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai's memorandum said, "It was to protect the independence of the judiciary that the SC in Veeraswami's case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India." It further said, "The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority ."

 


The letter said, "Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami's judgment."

 

 

PIL –   Prosecute  Chief  Justice  of  India  & Former President of India

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

....Respondents

 

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.

 

To ,

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 public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , President Mukherjee & others in the crime. 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ? 

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

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  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 a . 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 case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar , Former President of India Mukherjee & others and arrest them for legal prosecution.

c. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.

d . 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.

 

Dated : 05th  August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Former SC judge approached me on behalf of CJI: Dave



The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai's counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar's behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai's letter cited the SC's 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, "If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court."

Dangwimsai's letter had said, "I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request."

Dave raised a series of questions and levelled many allegations. "Why was Dangwimsai's letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI's son?" Dave asked.

"We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case," Dave urged the bench of Justices Goel and Lalit.


Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 


"This letter brings forth a more serious issue than the one raised by Calcutta HC's Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?" Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, "You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself." Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 


"We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed," Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

 

 

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxenawho was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

 

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

 

The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

DALIT Judge  dismissed for   being  HONEST ?

-       An  Appeal  to Honourable Chief Justice of India

 

       Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

       Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

       Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni 

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman's boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge's Mafia. Overall in this saga certain people want to bury the corruption allegations made by Justice Karnan, by diversion from core issue of corruption by judges. In the same way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges , where is the justice to these persecuted dalit judges ? Why not their tormentors high court & supreme court judges legally prosecuted under Prevention of Atrocities Act against SC /ST ?

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

 

     The  mafia  of corrupt  has never allowed for transparent , impartial   investigation into criminal cases  involving higher judges & public servants. Justice Karnan  is in  the position of  high court judge due to his merit , talent , education  not  on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into   his charges,  is trying  all out to silence him. Some  people  are  even making personal  attacks , by calling him lunatic. Those persons may be beneficiaries   of the existing corrupt judicial system and they  want to continue  with this present  corrupt system.

   In a Mental Hospital ward , say there  are number of  mentally challenged patients  playing inside the ward. A doctor & his assistant enters  the ward to  check , give  routine medicines , injections to patients and then all those  patients call  the  doctor himself as  mad. It is the same situation now.

     Are  not  the so called learned , aged advocate ( @ god’s airport )  and  learned   judges   see the  crimes by judges in the past. See  sample cases mentioned above & below.  What  action taken by those  learned judges &   learned advocate , to safe guard law  in the above / below  mentioned cases? Our  judicial  system is  being  weakened  by  corrupt  judges &  few  , greedy   advocates  ( learned  ? ) , NOT by  whistle blowers  who  have sacrificed  to protect the  nation from corrupt people.

    In the past  few judges  belonging to powerful castes  facing  charges of  gravest crimes , got a smooth sailing , their  cases white washed. But Justice  Karnan  belonging to oppressed  Dalit  class  is being  tortured  for standing up against corruption. He has done no crimes. This is the very reason few honest judges  & honest  advocates  keep  silent  fearing  victimization.

   Hereby , we  demand Honourable Supreme Court of India :

1.       To  order  transparent , impartial   investigation into all the above mentioned corruption cases involving high ranking judges.

2.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  high ranking judges  who  tortured  Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.

3.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  learned advocate & others  who made personal attacks on Justice Karnan  by calling him as lunatic and  for  obstructing legal prosecution of the corrupt judges.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

Give Justice , If Incapable Give Mercy Death

 

As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Read full case details at :

Mercy  Death  Plea  to  Honourable  Chief  Justice  of  India

http://e-voiceofhumanrightswatch.blogspot.in/2015/09/mercy-death-plea-to-honourable-cji.html    ,

Sign  petition at   https://www.change.org/p/honourable-chief-justice-of-india-give-justice-if-incapable-give-mercy-death

 

 

Editorial : MERCY DEATH PLEA to Honourable Chief Justice of India 

- JUDGES , POLICE & Brokers of Justice

Honourable sir , 

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Jai Hind. Vande Mataram.



Your’s

Nagaraja Mysore Raghupathi

 

 

PIL – Mercy Death Plea to Honourable Chief Justice of India



IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

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
.
....Petitioner

Versus 

Honourable Chief Justice of India , Supreme Court of India & Others 

....Respondents 



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. 


To ,
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 public servants. 

2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

2. Question(s) of Law:

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.


4. Averment: 

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. 

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.



I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. 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 , rich crooks , criminals 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 , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants 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 I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward 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 , Judges , public servants & Constitutional fuctionaries. 



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 ofthem 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 howcareless 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.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:


a . 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.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers. 

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

i. To legally prosecute persons responsible for attempts on my life. 

j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case. 

K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.

l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner. 

n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.

o. To admit all PILs filed by me in larger public interest.

p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.

q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.

r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.

s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .

t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 

u. 
THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.



FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY. 



Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India……………………………...PETITIONER-IN-PERSON 

 

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime - violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

"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. 

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.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679


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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.




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 you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.



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.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.



Date : 05.03.2017……………                your’s sincerely,
Place : Mysore , India…………………   Nagaraja  Mysuru Raghupathi

 

 

DECLARATION 



Name : ...........................NAGARAJA.M.R. 



Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA



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It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

 Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. 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 , rich crooks , criminals 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 , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants 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. 

   Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.  Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.


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 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 , Judges , public servants & Constitutional functionaries. 

date :  09 .08 .2017…………………………..Your's sincerely,

place : India…………………………………...Nagaraja.M.R. 

 

 

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Posted by naghrw at 12:32 AM
Tuesday, 15 August 2017
Dipak Mishra UNFIT Judge

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.33........19  / 08 / 2017

 



Editorial :  Dipak  Mishra  Unfit  Judge?  Don't elevate him as CJI

-          An Appeal to H.E.Honourable President of India

  

 Justice  Dipak  Mishra  has a criminal past of fraud , cheating the authorities   to get land allotment. He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla - Sahara ,  lake , forest , revenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. Allthrough Union Government and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don't  dance to the  tune of corrupt  higher judges , corrupt ministers  , don't get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

   Hereby , I  appeal  to  you , to legally prosecute  CJI  Khehar,  shadow CJI  Dipak Mishra  and  Ex President of India Pranab Mukherjee for their crimes.  If CJI cann’t give justice , let him  give  an affidavit in writing stating that  “ Inspite  of receiving lakhs of rupees salary , perks from public exchequer  for decades we are unfit for public service , we  only serve , rich & mighty “.

  Afterwards ,  kill me sufferer of Injustices  with your due permission  for mercy killing.  In such a scenario , I wish to  get killed  by  gun shots fired by Indian Army Soldiers. Our  soldiers are the  true guardians of our motherland NOT the Judges or Police or Politicians.

 

Thanking you ,

Nagaraja Mysuru  Raghupathi

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

 

PIL –   JAIL  Dipak Mishra Unfit Judge & Others

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

....Respondents

 

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.

 

To ,

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 public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , Dipak Mishra , President Mukherjee & others in the crime. 

Justice  Dipak  Mishra  has a criminal past of fraud ,  cheating the authorities   to get land allotment. . He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

 He and present CJI Khehar have helped the union government   in their  unjust  illegal  actions like  unjust  imposition of president  rule and change of chief miniser   in few states,  cover up of Corporate scams like  Birla - Sahara ,  lake , forest , rvenue land encroachments by  powerful ,  etc. In turn  as a payout  Union government has made them Chief Justice of India and  helped  the judges in cover up of their own crimes. Quid Pro Quo.

  CJI Khehar & Dipak Mishra have  effectively stalled proper investigations  into crimes committed by them. They have even stalled the legal prosecution. Althrough Union Governmant and respective state governments have helped them inspite of clinching evidences  against two  judges.

  Nowadays   judges  who don't  dance to the  tune of corrupt  higher judges , corrupt ministers  , don't get promotions. Even may  loose their jobs  or land up  in jail for upholding justice.

  If  Dipak Mishra  is made CJI , it  will be  roaring business for corrupt mafia. Innocents , commoners will be sent  to jail , may even be hanged while the rich criminals roams free.

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me after appealing to supreme court and authorities. This  itself proves the criminal nexus of judges , police and public sevants.

   Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?

 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ?  Why no action against JS Khehar , Dipak Mishra & Pranab Mukherjee ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before  big crooks CBI , Police are zeroes.

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar ,  Supreme Court Judge Dipak Mishra , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

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  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 a . 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 case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar, Supreme Court Judge Dipak Mishra , Former President of India Mukherjee & others and arrest them for legal prosecution with respect to Orissa Land allotment scam , Arunachal Pradesh Chief minister change over , death of CM Kalikho Pul, Cover up of  Birla Sahara Scam ,  Reliance Oil Basin Scam , Lake & Land Encroachments in bangalore , Karnataka., etc.

c. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.

d. Till investigation is over , hold the promotion of Dipak Mishra  to the post of Chief Justice of India.

e . 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.

 

Dated 12th    August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Cloud over Dipak Misra as Chief Justice: ICJ claims he is tainted

 

A  cloud hangs over the appointment of the next Chief Justice of India. Though incumbent CJI JS Khehar recommended the name of Supreme Court Justice Dipak Misra as his successor on 25 July, there is a roadblock that must first be passed before such an appointment is made.

The obstacle in Misra's path is the International Council of Jurists (ICJ), which has sought a probe against alleged irregularities during his career. ICJ also plans to approach the Centre to oppose his appointment.

ICJ had submitted a petition urging Justice Khehar to appoint an in-house committee consisting of Supreme Court judges to look into allegations of Justice Misra’s alleged involvement in a land scam in Odisha while he was an advocate.

THE SCAM

The alleged land scam involved the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack in favour of private persons. According to ICJ president Adish C Aggarwala, Misra got the land allotted in 1979 when he was an advocate.

ICJ, in its petition, has referred to a CBI report before the Odisha High Court in which it had indicted him for “fraudulently” acquiring a plot of land in Cuttack.

“Misra was among 300 people who were allotted the public land in Cuttack. Many of the beneficiaries including Misra, who was then an advocate, made false declarations that they didn't own any land so that they could get the plots,” Aggarwala told Catch.

Despite an order by the Orissa High Court, he says, Misra continued to wrongly possess the land. Misra, who became a Supreme Court Judge in 2011, gave up possession only in 2013 after the CBI indicted him.

“Following a petition, the High Court in 2011 ordered the Cuttack revenue department to conduct an enquiry into the allegations. The probe found the allegations to be true and revenue officials were ordered by the court to take back the possession of land allotted to Mishra and many other influential people," Aggarwala says.

“By that time Mishra had become a SC judge so, the revenue authorities did not take back the possession. Subsequently, the High Court ordered the CBI to probe the matter. The CBI, in its report to the court, indicted Misra of fraudulently obtaining the land. It said that Misra had given a false declaration of being landless and showed lower income in order to be entitled to be a beneficiary of the land meant only for the poor," he added.

“When Misra learnt about the CBI report, he quickly gave up the possession of the land to save himself,” says Aggarwala.

STRONG OPPOSITION

The ICJ, comprising jurists from across the globe, is in the process of petitioning the Modi government against Misra being appointed the CJI.

“It appears that CJI did not consider our complaint and recommended his name. It is his duty to consider our complaint and appoint an in-house committee consisting of Judges of the Supreme Court to look into the allegations,” says Aggarwala.

×

“We will make a representation to the Government against Misra. A judge who has been accused of fraud and a CBI report is pending against him, cannot be made the CJI,” he said.

Earlier retired Orissa High Court judge, Justice BP Das, who had ordered the CBI probe in the land scam case, accused Misra of scuttling his candidacy as chief justice of the Punjab & Haryana High Court.

“In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but for this, I would have retired as chief justice,” an Economic Times report from last year quoted Das as saying.

Currently the seniormost SC judge after Khehar, Misra served as the Chief Justice of Patna and Delhi High Courts before being elevated as a SC judge in October 2011.

QUESTIONABLE CALLS

The Justice Misra-led SC bench in 2016 mandated the playing of the national anthem before movies in cinema halls. The judgment attracted severe criticism from several quarters for imposing a notion of nationalism on people.

Earlier, while heading a Madhya Pradesh High Court bench, Justice Misra had banned the screening of Karan Johar's blockbuster Kabhi Khushi Kabhi Gham for commercially exploiting the national anthem.

Taking strong exception to the sequence in the film in which a boy sings one part of the anthem and his mother completes it, Justice Misra - writing the judgement - had then held that "the national anthem has been sung as if it is a song of advertisement for a commercial purpose" and banned the film's screening unless the scene was deleted.

He also led the apex court bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon's appeal to stop his execution.

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

-judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI's notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge's name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment -- the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

·         The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.

·         Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land. 

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless. 

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013. 

"The link and presumption is not unfounded," Justice Das said by phone from Cuttack.  "In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but for this, I would have retired as chief justice." 

Justice Misra's office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts. 

"The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations," the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017. 

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President's office declined to comment on the matter. 

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected. 

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report. 

"The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land," Justice Das said. "There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless." 

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court. 

"Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment," Das said. "Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn't declare his interest to the SC collegium." 

People close to Misra debunked this allegation as a disgruntled grouse. "These are someone's grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas," they said. 

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had "serious reservations" about appointing Justice Das as chief justice of the Punjab & Haryana High Court. 

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation's top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018. 

"It may not have been brought to the notice of the collegium, but I don’t have any records," Justice Das said. 

"This is something very serious and was not brought to the notice of the collegium. There was no IB report also," said a legal luminary who asked not to be identified. "The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur." 

"Justice Misra is known for his credibility and integrity," the people close to him said. "Do you think it is possible that the facts weren't brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn't know about it?" 

 

 

Probe  CJI  for  Kalikho Pul's suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul's `suicide' note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be "seriously investigated by a credible investigation team", a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page 'suicide note' of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.


According to the purported diary, captioned "Mere Vichar", of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that 'Mere Vichar' was actually his suicide note, Dangwimsai told the vice-president: "Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government."

 


Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai's memorandum said, "It was to protect the independence of the judiciary that the SC in Veeraswami's case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India." It further said, "The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority ."

 


The letter said, "Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami's judgment."

 

 

PIL –   Prosecute  Chief  Justice  of  India  & Former President of India

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

....Respondents

 

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.

 

To ,

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 public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , President Mukherjee & others in the crime. 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ? 

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

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  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 a . 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 case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar , Former President of India Mukherjee & others and arrest them for legal prosecution.

c. To constitute an impartial  investigation team to investigate the crimes. The team must be accountable to the public.

d . 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.

 

Dated : 05th  August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Former SC judge approached me on behalf of CJI: Dave



The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai's counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar's behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai's letter cited the SC's 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, "If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court."

Dangwimsai's letter had said, "I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request."

Dave raised a series of questions and levelled many allegations. "Why was Dangwimsai's letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI's son?" Dave asked.

"We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case," Dave urged the bench of Justices Goel and Lalit.


Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 


"This letter brings forth a more serious issue than the one raised by Calcutta HC's Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?" Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, "You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself." Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 


"We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed," Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

DECLARATION

 


Name : ...........................NAGARAJA.M.R.


Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA


Old  Professional / Trade Title : S.O.S - e – Voice For Justice

 

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Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .


Monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.


Owner/editor/printer/publisher : NAGARAJA.M.R.


Nationality : INDIAN


Body Donation : Physical Body of Nagaraja M R , Editor ,  Indian’s  Diary  is donated to JSS Medical College , Mysore             ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.


Eye Donation : Both EYES of Nagaraja M R , Editor ,  Indian’s  Diary  are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.


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http://evoiceforjustice.dalitonline.in/  ,

 http://in.groups.yahoo.com/group/sosevoiceforjustice/ ,  http://groups.google.co.in/group/hrwepaper / , 

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Contact :  Naag@protonmail.com ,  Naag@dalitonline.in  ,   Naag@torbox3uiot6wchz.onion ,  

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. 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 , rich crooks , criminals 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 , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants 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.

Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.

 

Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

 

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 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 , Judges , public servants & Constitutional functionaries.

 

date :  05.08.2017…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxenawho was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

 

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

 

The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

DALIT Judge  dismissed for   being  HONEST ?

-       An  Appeal  to Honourable Chief Justice of India

 

       Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

       Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

       Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni 

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman's boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge's Mafia. Overall in this saga certain people want to bury the corruption allegations made by Justice Karnan, by diversion from core issue of corruption by judges. In the same way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges , where is the justice to these persecuted dalit judges ? Why not their tormentors high court & supreme court judges legally prosecuted under Prevention of Atrocities Act against SC /ST ?

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System   ,

 

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

 

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

 

     The  mafia  of corrupt  has never allowed for transparent , impartial   investigation into criminal cases  involving higher judges & public servants. Justice Karnan  is in  the position of  high court judge due to his merit , talent , education  not  on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into   his charges,  is trying  all out to silence him. Some  people  are  even making personal  attacks , by calling him lunatic. Those persons may be beneficiaries   of the existing corrupt judicial system and they  want to continue  with this present  corrupt system.

   In a Mental Hospital ward , say there  are number of  mentally challenged patients  playing inside the ward. A doctor & his assistant enters  the ward to  check , give  routine medicines , injections to patients and then all those  patients call  the  doctor himself as  mad. It is the same situation now.

     Are  not  the so called learned , aged advocate ( @ god’s airport )  and  learned   judges   see the  crimes by judges in the past. See  sample cases mentioned above & below.  What  action taken by those  learned judges &   learned advocate , to safe guard law  in the above / below  mentioned cases? Our  judicial  system is  being  weakened  by  corrupt  judges &  few  , greedy   advocates  ( learned  ? ) , NOT by  whistle blowers  who  have sacrificed  to protect the  nation from corrupt people.

    In the past  few judges  belonging to powerful castes  facing  charges of  gravest crimes , got a smooth sailing , their  cases white washed. But Justice  Karnan  belonging to oppressed  Dalit  class  is being  tortured  for standing up against corruption. He has done no crimes. This is the very reason few honest judges  & honest  advocates  keep  silent  fearing  victimization.

   Hereby , we  demand Honourable Supreme Court of India :

1.       To  order  transparent , impartial   investigation into all the above mentioned corruption cases involving high ranking judges.

2.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  high ranking judges  who  tortured  Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.

3.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  learned advocate & others  who made personal attacks on Justice Karnan  by calling him as lunatic and  for  obstructing legal prosecution of the corrupt judges.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

Give Justice , If Incapable Give Mercy Death

 

As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Read full case details at :

Mercy  Death  Plea  to  Honourable  Chief  Justice  of  India

http://e-voiceofhumanrightswatch.blogspot.in/2015/09/mercy-death-plea-to-honourable-cji.html    ,

Sign  petition at   https://www.change.org/p/honourable-chief-justice-of-india-give-justice-if-incapable-give-mercy-death

 

 

Editorial : MERCY DEATH PLEA to Honourable Chief Justice of India 

- JUDGES , POLICE & Brokers of Justice

Honourable sir , 

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Jai Hind. Vande Mataram.



Your’s

Nagaraja Mysore Raghupathi

 

 

PIL – Mercy Death Plea to Honourable Chief Justice of India



IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

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
.
....Petitioner

Versus 

Honourable Chief Justice of India , Supreme Court of India & Others 

....Respondents 



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. 


To ,
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 public servants. 

2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

2. Question(s) of Law:

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.


4. Averment: 

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. 

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.



I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. 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 , rich crooks , criminals 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 , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants 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 I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward 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 , Judges , public servants & Constitutional fuctionaries. 



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 ofthem 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 howcareless 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.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:


a . 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.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers. 

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case. 

i. To legally prosecute persons responsible for attempts on my life. 

j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case. 

K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.

l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner. 

n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.

o. To admit all PILs filed by me in larger public interest.

p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.

q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.

r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.

s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .

t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 

u. 
THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.



FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY. 



Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India……………………………...PETITIONER-IN-PERSON 

 

 

Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime - violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

"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. 

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.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679


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. Even  Press  accreditation  to me as a web journalist is denied till date.  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.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.




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 you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.



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.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.



Date : 05.03.2017……………                your’s sincerely,
Place : Mysore , India…………………   Nagaraja  Mysuru Raghupathi

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

Cell : 91 8970318202

 

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Posted by naghrw at 11:26 PM
Thursday, 10 August 2017
Jail Chief Justice or Kill...

Dalit’s  Diary  -   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.32… . 16  / 08 / 2017

 


Editorial :  Jail  CJI  or  Kill  sufferer of Injustices

-          An Appeal to H.E.Honourable President of India

    Since 20 years  we are appealing  to Chief Justice of India   concerning public issues  , seeking justice from him. Till date  no action instead more injustices meted out  to silence me.

   Hereby , I  appeal  to legally prosecute  CJI  Khehar,  shadow CJI  Dipak Mishra  and  Ex President of India Pranab Mukherjee for their crimes.  If CJI cann’t give justice , let him  give  an affidavit in writing stating that  “ Inspite  of receiving lakhs of rupees salary , perks from public exchequer  for decades we are unfit for public service , we  only serve , rich & mighty “.

  Afterwards ,  kill me sufferer of Injustices  with your due permission  for mercy killing.  In such a scenario , I wish to  get killed  by  gun shots fired by Indian Army Soldiers. Our  soldiers are the  true guardians of our motherland NOT the Judges or Police or Politicians.

 

Thanking you ,

Nagaraja Mysuru  Raghupathi

 

Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

 

 Probe  CJI  for  Kalikho Pul's suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul's `suicide' note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be "seriously investigated by a credible investigation team", a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page 'suicide note' of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.


According to the purported diary, captioned "Mere Vichar", of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that 'Mere Vichar' was actually his suicide note, Dangwimsai told the vice-president: "Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government."

 


Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai's memorandum said, "It was to protect the independence of the judiciary that the SC in Veeraswami's case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India." It further said, "The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority ."

 


The letter said, "Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami's judgment."

 

 

PIL –   Prosecute  Chief  Justice  of  India  & Former President of India

An Appeal to Honourable Supreme Court of India  &  H.E. Honourable President  of India

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor   , Indian’s  Diary  &  Dalit’s  Diary ,

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

 

Versus

 

Honourable  Chief   Justice  of  India   &  Others

....Respondents

 

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.

 

To ,

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 public servants.

In his death  note  Former Arunachal Pradesh  Chief Minister Mr.Kalikho  Pul  has clearly  alleged involvement of CJI Khehar , President Mukherjee & others in the crime. 

 

2. Question(s) of Law:

 As per constitution of India , are not all citizens of india equal before  law ? 

 

3. Grounds:

Requests for equitable justice. Prosecution of  corrupt  Judges , CJI  J S Khehar , Former President  Mukherjee    &  Corrupt  Public  Servants.

 

4. Averment:

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  cases to perform their duties.

 

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 a . 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 case to perform their duties.

b. To register FIR  against Chief Justice of India JS Khehar , Former President of India Mukherjee & others and arrest them for legal prosecution.

c. To constitute an impartial  investigation team to investigate the team. The team must be accountable to the public.

d . 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.

 

Dated : 05th  August  2017 …………………. FILED BY: NAGARAJA.M.R.

 

Place : Mysuru , India…………………….      PETITIONER-IN-PERSON

 

Former SC judge approached me on behalf of CJI: Dave



The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai's counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar's behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai's letter cited the SC's 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, "If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court."

Dangwimsai's letter had said, "I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request."

Dave raised a series of questions and levelled many allegations. "Why was Dangwimsai's letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI's son?" Dave asked.

"We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case," Dave urged the bench of Justices Goel and Lalit.


Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 


"This letter brings forth a more serious issue than the one raised by Calcutta HC's Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?" Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, "You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself." Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 


"We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed," Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

-judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI's notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge's name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment -- the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

         The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.

         Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land. 

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless. 

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013. 

"The link and presumption is not unfounded," Justice Das said by phone from Cuttack.  "In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but for this, I would have retired as chief justice." 

Justice Misra's office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts. 

"The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations," the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017. 

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President's office declined to comment on the matter. 

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected. 

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report. 

"The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land," Justice Das said. "There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless." 

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court. 

"Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment," Das said. "Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn't declare his interest to the SC collegium." 

People close to Misra debunked this allegation as a disgruntled grouse. "These are someone's grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas," they said. 

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had "serious reservations" about appointing Justice Das as chief justice of the Punjab & Haryana High Court. 

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation's top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018. 

"It may not have been brought to the notice of the collegium, but I don’t have any records," Justice Das said. 

"This is something very serious and was not brought to the notice of the collegium. There was no IB report also," said a legal luminary who asked not to be identified. "The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur." 

"Justice Misra is known for his credibility and integrity," the people close to him said. "Do you think it is possible that the facts weren't brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn't know about it?" 

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxena, who was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

 

 

Cloud over Dipak Misra as Chief Justice: ICJ claims he is tainted

 

A  cloud hangs over the appointment of the next Chief Justice of India. Though incumbent CJI JS Khehar recommended the name of Supreme Court Justice Dipak Misra as his successor on 25 July, there is a roadblock that must first be passed before such an appointment is made.

The obstacle in Misra's path is the International Council of Jurists (ICJ), which has sought a probe against alleged irregularities during his career. ICJ also plans to approach the Centre to oppose his appointment.

ICJ had submitted a petition urging Justice Khehar to appoint an in-house committee consisting of Supreme Court judges to look into allegations of Justice Misra’s alleged involvement in a land scam in Odisha while he was an advocate.

THE SCAM

The alleged land scam involved the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack in favour of private persons. According to ICJ president Adish C Aggarwala, Misra got the land allotted in 1979 when he was an advocate.

ICJ, in its petition, has referred to a CBI report before the Odisha High Court in which it had indicted him for “fraudulently” acquiring a plot of land in Cuttack.

“Misra was among 300 people who were allotted the public land in Cuttack. Many of the beneficiaries including Misra, who was then an advocate, made false declarations that they didn't own any land so that they could get the plots,” Aggarwala told Catch.

Despite an order by the Orissa High Court, he says, Misra continued to wrongly possess the land. Misra, who became a Supreme Court Judge in 2011, gave up possession only in 2013 after the CBI indicted him.

“Following a petition, the High Court in 2011 ordered the Cuttack revenue department to conduct an enquiry into the allegations. The probe found the allegations to be true and revenue officials were ordered by the court to take back the possession of land allotted to Mishra and many other influential people," Aggarwala says.

“By that time Mishra had become a SC judge so, the revenue authorities did not take back the possession. Subsequently, the High Court ordered the CBI to probe the matter. The CBI, in its report to the court, indicted Misra of fraudulently obtaining the land. It said that Misra had given a false declaration of being landless and showed lower income in order to be entitled to be a beneficiary of the land meant only for the poor," he added.

“When Misra learnt about the CBI report, he quickly gave up the possession of the land to save himself,” says Aggarwala.

STRONG OPPOSITION

The ICJ, comprising jurists from across the globe, is in the process of petitioning the Modi government against Misra being appointed the CJI.

“It appears that CJI did not consider our complaint and recommended his name. It is his duty to consider our complaint and appoint an in-house committee consisting of Judges of the Supreme Court to look into the allegations,” says Aggarwala.

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“We will make a representation to the Government against Misra. A judge who has been accused of fraud and a CBI report is pending against him, cannot be made the CJI,” he said.

Earlier retired Orissa High Court judge, Justice BP Das, who had ordered the CBI probe in the land scam case, accused Misra of scuttling his candidacy as chief justice of the Punjab & Haryana High Court.

“In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but for this, I would have retired as chief justice,” an Economic Times report from last year quoted Das as saying.

Currently the seniormost SC judge after Khehar, Misra served as the Chief Justice of Patna and Delhi High Courts before being elevated as a SC judge in October 2011.

QUESTIONABLE CALLS

The Justice Misra-led SC bench in 2016 mandated the playing of the national anthem before movies in cinema halls. The judgment attracted severe criticism from several quarters for imposing a notion of nationalism on people.

Earlier, while heading a Madhya Pradesh High Court bench, Justice Misra had banned the screening of Karan Johar's blockbuster Kabhi Khushi Kabhi Gham for commercially exploiting the national anthem.

Taking strong exception to the sequence in the film in which a boy sings one part of the anthem and his mother completes it, Justice Misra - writing the judgement - had then held that "the national anthem has been sung as if it is a song of advertisement for a commercial purpose" and banned the film's screening unless the scene was deleted.

He also led the apex court bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon's appeal to stop his execution.

 

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

 

The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

DALIT Judge  dismissed for   being  HONEST ?

-       An  Appeal  to Honourable Chief Justice of India

 

       Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

       Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

       Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni 

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman's boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge's Mafia. Overall in this saga certain people want to bury the corrupti