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 ?
3 -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
New Professional / Trade Title : Indian’s Diary
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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.
Old Home page :
http://evoiceforjustice.dalitonline.in/ ,
http://in.groups.yahoo.com/group/sosevoiceforjustice/ , http://groups.google.co.in/group/hrwepaper / ,
http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,
https://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,
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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 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.
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
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