Tuesday, 10 October 2017

Duping Judges

Dalit’s Diary - e News Weekly

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.39…… . 11 / 10 / 2017

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”

- Mahatma Gandhi

Editorial : Duping SCI Judge’s Collegium

Recent decision of SCI collegium’s move to make public the reasons behind elevation , non elevation or transfer of judges is a welcome move. But it gives out only half truth. SCI website gives out observations of peer judges , observations of Intelligence Bureau. It doesn’t spell out on the basis of which facts , which cases IB or Peer Judges gave their observations. Those actual facts must be made public and the persons effected by wrong judgement of judges in question must be given justice first by correcting it. Second the said judge is not only unfit for elevation , he is even unfit to continue in the present post as he will mete out more injustices to public. Third the said judge must be removed from service & legally prosecuted for crimes.

When a peer judge has a caste bias or doesn’t like a colleague , definitely he will have negative observation towards that colleague. Also the Intelligence Bureau gives out observation favorable to powers that be. That is why generalized observations of anybody is not right , it must be backed by facts , case details.

This is the very reason merited , honest advocates , judges belonging to backward castes , weaker sections of society are not adequately considered for elevation of judges or for induction of judges from bar. Whereas judges having serious allegations against them still gets elevated on the basis of backing from powers that be. Many relatives of judges gets the posting. While honest judges who uphold law and take to task the ruling government for their wrongdoings are denied promotions , victimized. Whereas judges in good books with ruling government inspite of serious allegations against them get promotions.

Say , in a case before court ‘A’ simply accuses “B” of a theft , will the court accept it. Say a commonman accuses a judge or police of corruption , will the trial court judge accept it . Trial court judge demands facts backing the accusations. In the same way , SCI Collegium must publicize the facts behind their reasoning not mere observations of some tom , dick & harry. If at all their present practice is right we too have a observation “ The present Chief Justice of India Justice Dipak Mishra is UNFIT for the constitutional position of CJI. Will he , collegiums or SCI accept it and remove him from his post based on mere observations ?

The powers that be have made a calculated move to deceive the public , as more & more public , learned advocates started demanding accountability of judges from SCI Collegium. Now they have mentioned only HALF TRUTHS , why not full truth ? why cut off date from 03.10.2017 only ? why not from 1990s till date including recent elevation of Justice Dipak Mishra to CJI ?

Judges enjoy 5 star pay , perks , Air Conditioned bungalows , Air conditioned cars , flight travel , 5 star hospital facility , etc all at poor tax payer’s expense. Is it not a SHAME that they don’t give account of their duties , actions to the very same tax payer. Theses judges think they are the only wise men on earth and all the poor tax payers are fools. Collegium is not doing a favor by publishing half truth reasons on web sites. Sharing information with the public is the duty of every public servant including judges. Information forms part of Expression and is guaranteed under Fundamental Right to Freedom of Expression as well as Human Right of Freedom of Expression. It is not a favor by any judges. Constitution of India is above all , Judges are below it.

Why not collegiums make public announcement of vacancies with the eligibility criteria needed . Then serving judges as well as learned advocates from bar can face the recruitment process and based on ranking final selection can be made. Then we will get few honest judges who have guts to uphold constitution of india inspite of obstacles from powers that be , ruling government.

SCI Judges are not considering our PILs since years. First let the Judges first respect RTI Act and give full , correct , truthful answers to our RTI Questionnaire pending before them since years. Hereby , we demand SCI Collegium to ANSWER our Show-Cause Notice to CJI and RTI Questions at following web pages and thereby uphold national security , constitution of india.

JAI HIND. VANDE MATARAM.

Your’s sincerely ,

Nagaraja Mysuru Raghupathi.

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

Public Prosecutor Appointment Scam

http://starofmysore.com/assistant-public-prosecutors-appointment-scam-unearthed/ ,

https://www.youtube.com/watch?v=WAEBJsp_Zsg ,

Four Arrested in Delhi Police Recruitment Scam

http://indianexpress.com/article/india/india-news-india/four-arrested-in-delhi-police-recruitment-scam-2998152/ ,

https://en.wikipedia.org/wiki/Vyapam_scam ,

KPSC , Scam

http://www.dailymail.co.uk/indiahome/indianews/article-2362317/CID-probe-exposes-jobs-marriage-scam-KPSC.html ,

http://bangalore.citizenmatters.in/articles/kpsc-recruitment-scam-cid-report-confirms-malpractice ,

Judge Selection Illegal

http://www.dailymail.co.uk/indiahome/indianews/article-3300929/Did-judges-children-special-treatment-Supreme-Court-examine-answer-sheets-Delhi-judicial-exam-2014-favouritism-complaints.html ,

http://www.timesnow.tv/india/video/sc-judge-rips-into-cji-headed-collegium-shuns-selection-meetings/48804 ,

http://timesofindia.indiatimes.com/city/kochi/Discrepancies-in-magistrate-test-evaluation-HC-asks-for-registrys-views/articleshow/46470410.cms ,

Top police official in Kerala allegedly caught red-handed while copying in LL.M. exam

http://www.livelaw.in/top-police-official-in-kerala-allegedly-caught-red-handed-while-copying-in-ll-m-exam/ ,

Judges Suspended For Mass Copying

http://news.fullhyderabad.com/hyderabad-news/five-judges-suspended-for-mass-copying-1434.html ,

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,

Atrocities on Women by JUDGES

https://sites.google.com/site/eclarionofdalit/atrocities-by-judges

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 ,

Justice Sathasivam - Are you DEAF DUMB & BLIND

https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,

Rajiv Gandhi Assassination Cover-up

https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up ,

SHAME SHAME MPs & MLAs

https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas ,

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

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

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

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

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

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.

"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 : 07.09.2017……………..your’s sincerely,
Place : Mysore , India ……….Nagaraja Mysuru Raghupathi

Judge’s MAFIA - Accountability of Judges

Now in India , along with criminalization of politics , police and executive criminalization of Judiciary is also evident. However Judges who take lakhs of rupees salary & perks from public exchequer are not accountable to public. Judges don’t respond to RTI queries nor reply to legal notices nor the decisions of transfer of judges , elevation or non elevation of judges are made public. If a judge has adverse observations from Intelligence Bureau or any other statutory body which makes him unfit for elevation in such a circumstance that judge is even unfit to continue in his existing post.

The collegiums of Judges is behaving like a MAFIA in league with powers that be. The honest judges who don’t favor mafia face dismissal , arrest , non elevation , transfer , etc. Judge’s MAFIA has time & again sent such subtle message to honest judges. Judges who have committed crimes but has the blessings of MAFIA get promotions , favorable postings , enquiries against them will be manipulated to save them.

Few judges although have committed crimes are technically staying as INNOCENTS by manipulating fair investigation , prosecution against them. This is an appeal to HONEST few in judiciary to demand accountability of their corrupt colleagues.

Judges , Police – Learn Honesty

Life of illegally terminated judge Mr.Gwal is a lesson of honesty for all judges & police. Inspite of being HONEST in his duties , Mr.Gwal is suffering at the hands of powers that be & judicial mafia. Mr.Gwal could have choosen the easy , luxurious path of favoring powers and could have enjoyed luxurious life with his family. He rightly chose the path to uphold constitution ended up even without money to pay his children’s school fees. Even apex court didn’t come to his rescue. SHAME SHAME . Except for few honest judges & police , many of them are leading lifestyles beyond the sources of their legal income. Few of them are successful in manipulating legal process to continue in service , get promotions despite grave criminal allegations against them. Some judges have even entered supreme court , what a shame ? They must learn righteousness honesty from Mr.Gwal.

There are fake lawyers , advocates with uncle judge connections who are leading life styles beyond the legal sources of their income. These advocates are cheating the public & court as well making contempt of them. Why not criminal prosecutions against those guilty lawyers , advocates ?

Above all these type of corrupt people in gowns of judges , advocates & corrupt police preach others about honesty , integrity and prosecute other criminals while they themselves are criminals. It is like a PROSTITUTE preaching about virginity , chastity to a young girl.

Our whole hearted respects to few honest judges , police & advocates in public service. It is an appeal to them to prosecute their corrupt colleagues. We once again offer our conditional services to SCI , to apprehend legally prosecutes criminal judges , criminal police & criminals in public service. Is CJI ready ?

Jai Hind. Vande Mataram.

Your’s ,

Nagaraja Mysuru Raghupathi

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:

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 , 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. All through 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.

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 3^rd 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 3^rd 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

PIL – Collegium or Judge’s Mafia ?

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:

2. Question(s) of Law:

As per constitution of India , are not all citizens of india equal before law ? Why no action against Judge’s MAFIA ? 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 & Corrupt Public Servants.

4. Averment:

PRAYER:

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

b. to make public the Judge’s collegium decision first to transfer Justice Jayant Patel from Gujarath High Court to Karnataka High Court and afterwards from Karnataka High Court to Allahabad High Court.

c. to make public the Judge’s collegium decision NOT to elevate Uttarakhand chief Justice K M Joseph , Orissa High Court Judge B P Das , Karnataka High Court Judge Jayant Patel.

d. to make public collegium’s decision against Justice Karnan & Sukma Judge Prabhakar Gwal.

e. certain judges although facing grave criminal charges , allegations but in favorable terms with ruling establishment are elevated example Justice Dinakaran , Justice Dipak Mishra , Mysore Roost Resort SEX scandal fame Judges , etc. What is so special about those judges which deserves promotion. Also fair investigation , enquiry , prosecution against such special judges are stalled , buried by higher judges , ruling government , why ? make the reasons for stalling investigations , prosecution public . what is so SPECIAL ? Make that special collegium’s decision public.

f. Is It not shameful to collegium judges that they are public servants , taking huge salaries , perks from public exchequer but unaccountable to public. To make it mandatory accountability of judges to public , accountability of Judge’s collegium to public..

g. to make public the list of judges since independence till date who faced allegations , actions taken or not taken against them with reasons thereof.

h. To build safeguarding mechanism which reassures HONEST JUDGEs that they will not be victimized , persecuted by higher judges , judge’s collegium or ruling government.

i. In many instances relatives of judges are being appointed as judges from bar. To make public the selection criteria for appointment of judges from bar.

j. In many instances the senior advocates get a patient hearing in courts while fair hearing is no given to junior lawyers. Sometimes although junior lawters are making logical argument presiding judge makes harsh comment as though judge himself is more brilliant , wise in the universe. It is unjust & against law. To make public criteria adopted for designating lawyers as seniors & allocating time for senior lawyers / junior lawyers.

k. 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 30^th September 2017 …………………. FILED BY: NAGARAJA.M.R.

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

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

By Gaurav Vivek Bhatnagar

The RTI Act has faced resistance from the courts in recent years, especially when information is sought about their functioning as public authorities, a new report says.

The jury is out on whether the judiciary has over the years played the role it ought to while dealing with matters pertaining to promoting transparency in general and the Right to Information (RTI) Act in particular. Legal luminaries and RTI activists alike believe the court’s must play a more supportive role if greater transparency in public life is to be achieved.

A recent report titled ‘Tilting the Balance of Power – Adjudicating the RTI Act’ by the Satark Nagrik Sangathan (SNS) and the Research, Assessment and Analysis Group (RaaG), notes that before the RTI law was passed, the judiciary played a seminal role in recognising and furthering peoples’ right to information in India. In fact, as far back as 1975, 30 years before the RTI law was enacted, the Supreme Court adjudged the right to information to be a fundamental right.

Besides being the final adjudicatory authority for the law, the Supreme Court and high courts are also public authorities under the RTI Act. The report, authored by RTI activists Amrita Johri, Anjali Bhardwaj and Shekhar Singh, suggests that the RTI Act appears to be facing resistance from the courts, especially when information is sought about their functioning as public authorities.

Is RTI facing resistance from the judiciary?

In the last ten years, scores of RTI applications have been filed by citizens seeking information from the courts, many of which have required judicial adjudication. Five such matters reached the Supreme Court, three of which were referred to a constitution bench that is yet to be set up. The other two cases were dismissed by the apex court at the stage of admission. About the cases that were dismissed, the RaaG-SNS report notes:

“Unfortunately, these cases raised matters of great public interest but were dismissed by the SC without providing any details or reasons in their orders. One of them sought information using the RTI Act, about cases pending with the Supreme Court in which the arguments had already been heard but orders had been reserved. In the other matter, the applicant sought the total amount of medical expenses of individual judges reimbursed by the Supreme Court, citing a Delhi high court ruling of 2010 which stated that, ‘The information on the expenditure of the government money in an official capacity cannot be termed as personal information’.”

Information denied on appointment of judges

In one of the three cases referred to the constitution bench, an RTI applicant filed a request to the Supreme Court in 2009 seeking a copy of the complete correspondence, with file notings, exchanged between the chief justice of India (CJI) and other concerned constitutional authorities relating to the appointment of Justice H.L. Dattu, Justice A. K. Ganguly and Justice R.M. Lodha as judges of the Supreme Court, superseding the seniority of Justice A.P. Shah, Justice A.K. Patnaik and Justice V.K. Gupta. The information sought was denied. When the Central Information Commission (CIC) directed that the information be furnished, the information officer of the apex court appealed directly to the Supreme Court against the order.

CIC order on assets of judges challenged before apex court

In the second case, the RTI applicant asked if any declaration of assets was ever filed by the judges of the Supreme Court or high courts to the respective CJIs. The Supreme Court’s 1997 resolution requires judges to declare to the CJI the assets held by them in their own name, in the name of their spouse or any person dependent on them. The information was denied but the CIC directed that the information sought by the applicant be provided. The CIC order was challenged by the Supreme Court in the Delhi high court, which held that the contents of asset declarations were entitled to be treated as personal information under Section 8(1)(j) of the RTI Act, but since the applicant only sought to know whether the 1997 resolution was complied with, the sought information should be provided. A three-judge bench of the high court stated:

“…A judge must keep himself absolutely above suspicion, to preserve the impartiality and independence of the judiciary and to have the public confidence thereof.…Accountability of the judiciary cannot be seen in isolation. It must be viewed in the context of a general trend to render governors answerable to the people in ways that are transparent, accessible and effective. Well defined and publicly known standards and procedures complement, rather than diminish, the notion of judicial independence. Democracy expects openness and openness is concomitant of free society. Sunlight is the best disinfectant.’’

This judgement was subsequently challenged by the chief public information officer before the Supreme Court.

In the third case, quoting a media report, an RTI application was filed with the Supreme Court seeking copies of correspondence between the then CJI and a judge of the Madras high court regarding the attempt of a union minister to influence judicial decisions of the said high court. The applicant also sought information regarding the name of the concerned union minister. The CIC, in its order, overturned the decision of the public information officer, which denied the information sought. Bypassing the Delhi high court, the public information officer of the Supreme Court directly moved a petition before the SC challenging the CIC order to disclose information.

Three cases clubbed together

In its order, the Supreme Court, while hearing the case related to correspondence between the CJI and other constitutional authorities about the appointment of judges, clubbed the other two cases with the matter. The apex court order stated that the consideration of a larger bench was required as grave constitutional issues were at stake, including the need to balance the independence of the judiciary and the fundamental constitutional right of citizens to freedom of speech and expression.

The court listed three sets of questions which, according to them, raised substantial questions of law as to the interpretation of the constitution:

Whether the concept of independence of judiciary requires and demands the prohibition of furnishing of the information sought? Whether the information sought for amounts to interference in the functioning of the judiciary?
Whether the information sought for cannot be furnished to avoid any erosion in the credibility of the decisions and to ensure a free and frank expression of honest opinion by all the constitutional functionaries, which is essential for effective consultation and for taking the right decision?
Whether the information sought for is personal information and therefore exempt under Section 8(1)(j) of the Right to Information Act?

The report by RaaG and SNS notes that while the first two sets of questions do seem to relate to constitutional issues, like the adverse impact peoples’ right to information might have on judicial independence, or amount to interference in the functioning of the judiciary, or compromise its credibility, it is not clear how the third question relating to exemption on grounds that it is personal information under section 8(1)(j) of the RTI Act raises any constitutional concerns.

The report goes on to highlight the contradictions inherent in the stand taken by courts in these matters by quoting judgements of the Supreme Court in which the court has itself discussed one or more of these issues in relation to the judiciary and other public functionaries and ruled in favour of transparency. For instance, the Supreme Court in Manohar s/o Manikrao Anchule vs State of Maharashtra & Anr in 2012 stated that “It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision-making not only makes the judges and decision-makers less prone to errors but also makes them subject to broader scrutiny.”

In Union of India vs Association for Democratic Reforms, 2002, the court directed the Election Commission to call for information from all candidates seeking election to parliament or a state legislature, and from their spouses and dependants, about their assets as, “…there are widespread allegations of corruption against the persons holding post and power. In such a situation, question is not of knowing personal affairs but to have openness in democracy for attempting to cure cancerous growth of corruptions by few rays of light. Hence, citizens who elect MPs or MLAs are entitled to know that their representative has not miscomputed himself in collecting wealth after being elected.”

In PUCL vs Union of India in 2003, while examining the plea that contesting candidates should not be required to disclose the assets and liabilities of their spouses as it would violate the right to privacy of the spouses, the Supreme Court held that the fundamental right to information of a voter and citizen is promoted when contesting candidates are required to disclose the assets and liabilities of their spouses. The SC ruled that when there is a competition between the right to privacy of an individual and the right to information of the citizens, the former right has to be subordinated to the latter right, as the latter serves a larger public interest.

Similarly, to ensure transparency and improve the process of selection of judges in Supreme Court in Advocates-on-Record Association and Ors. vs Union of India in 2015, a five-judge bench laid down broad guidelines for the government of India which was tasked with the responsibility of preparing the Memorandum of Procedure for the appointment of judges. Among other things, the guidelines stated that the eligibility criteria and procedure for selection of judges must be transparent and put up on the website of the court concerned and the department of justice. In addition, they required the provision of an appropriate procedure for minuting the discussions including recording the dissenting opinion of the judges in the collegium.

Supreme Court’s changing position

Former information commissioner Shailesh Gandhi believes the Supreme Court’s stance towards RTI has changed in the past few years.

“If I look at the Supreme Court judgments on transparency and Right to Information before the Act came in 2005 and after the Act, it looks like these are two different countries, two different courts,” he said. Gandhi said he had earlier come out with another report which showed how out of 17 orders of the SC on RTI, in only two it ordered information to be given.

On what could have prompted the change, he said, “I can guess very easily. Before the RTI Act came freedom of speech was fine but nobody questioned the court and nobody tried to find out anything about the courts and people would only say, “I have great faith in the judiciary”. The Right to Information for the first time changed that paradigm. A reporter of any newspaper would be wary of what he writes as far as the judiciary is concerned. But RTI people started asking all kind of inconvenient questions. And some things have come out which have been very unpalatable, to say the least.”

Gandhi said now the judiciary refuses to look at RTI applications that have anything to do with them. “When you are in a public office and right to information is there, people will ask all kinds of things. When I was a commissioner, someone had filed an RTI application asking how much bribe Shailesh Gandhi has taken in the last two years. Now, things like this can be upsetting to people. And in my opinion, that is why they have gone against transparency and RTI Act.”

He said that often the judiciary has been very direct in showing its anger against the RTI. “In the first CBSE judgment, they said RTI should not be allowed to damage the peace, integrity and harmony of India. Such a view is okay for terrorists, but not for citizens. I have noticed over time that everyone in power dislikes being transparent.”

Recalling how the website of the Supreme Court was probably the best which existed under Section 4(1)(b) when he was the chief information commissioner, the first chief of the CIC, Wajahat Habibullah said he also, however, understands that having a website and making disclosures are two different things. “And therefore it is quite possible that in this case the Supreme Court has not been very favourably inclined towards the RTI. It simply means that the current phase of RTI in the courts is one that is defensive. It is not anti-RTI, it is more defensive in terms of the openness of the RTI.”

‘Judiciary too resists accountability’

Senior advocate Prashant Bhushan concurred that the judiciary too does not like transparency when it concerns its own accountability. “Unfortunately we have seen that when it comes to themselves, the courts do not want any accountability or any transparency and this we have seen in all kinds of issues.”

For example, he said, “in judicial appointments, the court shies away from transparency, by and large, some judges are exceptions who ask for it, but otherwise they don’t want transparency. Same thing happens with accountability. They don’t want any accountability and, in fact, they have progressively whittled down their accountability.”

Habibullah believes that at the moment “RTI is facing challenges”.

“When I was there [as the Chief Information Commissioner] my dealing was basically at the high court level as there were few cases in the Supreme Court then. The high court decisions were generally very supportive of the RTI. It was the time of the actual establishment of the jurisdiction or expanse of the RTI and these orders were very constructive. Now it is passing through a different phase where there has been some sort of a retreat,” he said.

‘Public pressure can change the tune’

Bhushan said the judiciary has also very often taken contempt action against people who have written anything against the judiciary or the judges. “Therefore, it is very clear that by and large judges do not want any accountability, nor any transparency. And that is why now that the RTI Act has also been applied to them they are passing judicial orders basically obstructing the orders of the CIC. This is what has happened. Ultimately these matters are for the courts to decide. But once there is sufficient public opinion then probably they will change their tune.”

According to Bhardwaj of SNS, given the extremely progressive orders related to transparency by the Supreme Court before the RTI Act was passed, people expect the judiciary to champion the cause of transparency and expand the scope of the law. “The reluctance of the judiciary to submit itself to the RTI Act is very concerning and we really hope that the constitution bench will give a progressive ruling on the questions referred to it. One of the main objectives of the RaaG-SNS report is to provoke a public debate on the manner in which the RTI Act is being interpreted by the adjudicators and to mobilise public opinion to demand greater openness in the functioning of all public authorities including the courts.”

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Sunday, 1 October 2017

Collegium or MAFIA

Dalit’s Diary - e News Weekly

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.38…… . 04 / 10 / 2017

Editorial : Judge’s MAFIA - Accountability of Judges