S.O.S e – Voice For Justice – e-news weekly
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Editor: Nagaraja.M.R.. Vol.13..Issue.13….….01 / 04 / 2017
Stop targeting whistleblower Justice Karnan. Clean up the judicial system
By Mathews J Nedumpara
Senior advocate Ram Jethmalani recently wrote a scathing letter to the Calcutta High Court’s Justice CS Karnan, advising him to take back every word he has said about two Madras High Court judges and pray for pardon. Jethmalani has termed Justice Karnan’s actions as lunatic. Neither me nor the National Lawyers Campaign for Judicial Transparency and Reforms (NLC), of which I am the president, supports Justice Karnan nor justifies his “tantrums”. However, the NLC supports Justice Karnan because corruption has spread its tentacles in the justice delivery system.
Justice Karnan’s anger might be out of feelings of discrimination, isolation and, or, humiliation. His attack on his brother Judges of the Madras HC, sitting and retired, is perhaps vindictive. He accuses them of having indulged in corruption, nepotism and malpractice. Though many accused of corruption and malpractices by him could be innocent or could have indulged in venial and not venal act of corruption or malpractice, the allegation against at least a few of them may not be unfounded.
But the question to be answered is whether alleging corruption against sitting or retired Judges of the high court or the Supreme Court amounts to contempt of court as defined in Section 2(1)(c) of the Contempt of Courts Act, 1971 or will it attract the inherent jurisdiction of the Supreme Court under Art.138, r/w. Arts. 140 and 142 of the Constitution to punish a person for contempt of court.
The concept of contempt of court is a cathartic jurisprudence, which has its origin in the Canon Law and, in particular, the Canon Law of the Dark Ages, a jurisprudence of a time when the offence of heresy, nay, contempt of the Church, where the contemnor is burnt alive at a stake.
The in terrorem (a legal threat, usually one given in hope of compelling someone to act without resorting to a lawsuit or criminal prosecution) jurisprudence of contempt of Court militates against all canons of justice and fair play; it flourished in the Middle Ages when Inquisition was the mode of justice administration, where contemnor was tortured to extract guilt. The foundation of The Contempt of Courts Act, 1971 on the jurisprudence of the Dark Ages is classically exemplified in Sub-Section (5) of Section 17 of the Act.
Our constitutional and criminal laws are founded on the principle that the guilt against a person accused of an offence ought not to be wrung out of him, but has to be proved against him by other men and means.
Sub-Section (5) of Section 17, supra, places the burden to prove his innocence upon the contemnor; it requires him to file an affidavit in support of his defence and empowers the Court to determine the matter on the affidavit of the contemnor. Section 17(5) of the Contempt of Courts Act, 1971, therefore, is in violation of Article 20(3) of the Constitution, which states that no person accused of any offence shall be compelled to be a witness against himself; so too Arts. 21, 14 and 19 thereof, which are required to be read together.
The power of contempt, as is presently exercised by the judges of the higher judiciary is, with much respect, more susceptible to be abused than used.
I have witnessed such misuse often against the voiceless, the outspoken and persons who are upright. The power of contempt has often been misused against the voices of truth, even though truth is an undeniable defence against contempt proceedings.
Resorting to the power of contempt without application of judicial mind has ramifications. It creates fear, a terror, and worst, hatred, in the minds of citizen. As pointed out, the fear has led to not venturing to write anything about the functioning of the judiciary, except eulogising and flattery.
Undoubtedly, in the suo motu contempt of court proceeding against Justice Karnan, the prosecutor and the judge, both at once, are the judges themselves. The contempt of court law is undemocratic and, assuming it to be otherwise, the question is, could any action lie against Justice Karnan?
It certainly will not, as:
Even assuming that Justice Karnan has made allegations of corruption and malpractices against his judges, he has not committed any contempt of court.
The concept of equality before law and equal protection of law is at the core of the Constitution.
For the judges against whom Justice CS Karnan has made the allegations of corruption, the law provides for remedy, both civil and criminal.
It is enough to refer to the suit filed by Justice PB Sawant, former judge of the Supreme Court, against Times Now claiming Rs 100 crore as damages to support my contention that law provides for adequate remedy if Justice Karnan has made false or scurrilous allegations against his brethren.
Is it then right for me to expect the vilified judges to institute civil and criminal cases like ordinary citizens? Yes, because in the eyes of the law, all are equal; the immunity which judges enjoy is for what they do from the seats of justice.
I am made to understand that some of the allegations made by Justice Karnan are against the chief justice of the Madras High Court on the administrative side about the construction of court complexes, appointment of judges. It must be said that a situation where judges are accused of corruption and they are forced to institute civil and criminal cases is against their prestige and honour and is no way an ideal situation.
Corruption is undoubtedly spreading its tentacles in the corpus of the justice delivery system, which does not merely mean judges alone.
There ought to be a remedy. The remedy is not in silencing the whisleblowers with the guillotine of contempt of court. There’s a need to bring into existence a credible mechanism by which allegations of corruption, nepotism and malpractices against judges are investigated and those who are guilty are brought to book without impinging their independence and the sanctity of the justice delivery system.
The judicial function has been considered to be sacrosanct; courts are temples of justice; its majesty and credibility and the confidence of the public has to be zealously guarded, but not by silencing whisleblowers and upright men and women who dare to point out instances of corruption, nepotism and malpractices, risking their professional prospects, nay, even their freedom and liberty.
Mrs. Pul’s letter to the Secretary General, Supreme Court of India
The Secretary General,
Supreme Court of India
28th February 2017
I had addressed a letter to the Hon’ble Chief Justice of India on 17.02.2017 in connection with the suicide committed by my husband Mr. Kalikho Pul, former Chief Minister of Arunachal Pradesh on August 9, 2016 leaving behind a detailed suicide note of 8th August, 2016. In the said letter permission was sought from the Hon’ble Chief Justice of India for filing an F.I.R on the basis of the said suicide note against many including two senior most Judges of the Hon’ble Supreme Court of India. It was stated in that letter as under:
“I understand that in the judgment of K Veeraswami v Union of India a Constitution Bench of this court had directed that though judges of the higher judiciary are amenable for corruption investigation under the prevention of corruption act, but to safeguard their independence and to save them from harassment at the hands of the executive, any FIR and investigation of a judge at the higher judiciary would require prior permission of the Chief of India.
The judgment further says that if the allegations are against the Chief Justice then the permission required would be of other judges, which would obviously meant he next senior most judge available.
… I am sure that you will have the matter place before the appropriate judge in accordance with the judgment in Veeraswami case for consideration of my request.”
Although I did not receive any written communication in that regard, a newspaper report had appeared in the Indian Express on 22.02.2017 to the effect that the Hon’ble Chief Justice had declined to grant necessary permission on administrative side instead of placing the matter before appropriate Judge.
However, suddenly the matter was converted into a Miscellaneous Criminal Writ Petition and was listed before the Hon’ble Bench of Justice A. K Goel and Justice U. U. Lalit on 23.02.2017. As you are aware, in view of the extraordinary developments which were likely to seriously impair my right to pursue the matter in accordance with the law and fearing that the dismissal of the Writ may cause incalculable harm, the letter was withdrawn.
During the hearing it was categorically pointed out that I had not sought any relief on the judicial side and that the letter sought permission strictly in light of the law declared by the Constitution Bench of Supreme Court in K. Veeraswami v. Union of India, (1991) 3 SCC 655
Reference is invited to Paragraph 60 thereof which is as under:
“We therefore, direct that no criminal case shall be registered under Section 154, CrPC against a Judge of the High Court, Chief Justice of High Court or Judge of the Supreme Court unless the Chief Justice of India is consulted in the matter. Due regard must be given by the government to the opinion expressed by the Chief Justice. If the Chief Justice is of opinion that it is not a fit case for proceeding under the Act, the case shall not be registered. 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. There shall be similar consultation at the stage of examining the question of granting sanction for prosecution and it shall be necessary and appropriate that the question of sanction be guided by and in accordance with the advice of the Chief Justice of India. Accordingly the directions shall go to the government. These directions, in our opinion, would allay the apprehension of all concerned that the Act is likely to be misused by the executive for collateral purpose.”
Sir, under these circumstances, I request you to supply the following information forthwith:
- Whether decision on the administrative side as reported in Indian Express was indeed taken and if so, a copy thereof be supplied.
- If not, was any decision at all taken on the letter, on the administrative side? If not, notings on the same be supplied recording reasons for inaction on the same.
- Whether attention of the Hon’ble Chief Justice was drawn to the judgment of Constitution Bench in Veeraswami’s case?
- Whether the Registry had requested the Hon’ble Chief Justice to place the letter before “appropriate judge” which would mean Hon’ble Justice Chelameswar being the senior most Judge available for action on the letter?
- When and under what circumstances the Hon’ble Chief Justice took the decision to convert the letter to a Criminal Writ Petition and whether reasons for the same were recorded?
You are requested to give a copy of the said decision which is already acknowledged in the judicial order passed by the bench of Justice A.K Goel and U. U Lalit on 23.02.2017
- How was the matter placed before the Bench of Hon’ble Justices A K Goel and U. U Lalit when the issue pertained to such serious matter and even if the letter was to be referred to the judicial side (although no such prayer was made and it was impermissible to so) why was it not placed before the Bench presided by Hon’ble Justice Chelameswar, the senior most available Judge?
Sir, the matter assumes great significance for the integrity of the institution and for larger public interest including Independence of Judiciary. I would therefore request you to give these details after consulting Hon’ble the senior most Judge without placing this letter before Hon’ble Chief Justice and Hon’ble Justice Dipak Mishra in view of the sensitivity of the matter.
I do hope and trust that at least now the matter will receive absolutely objective, independent and judicial treatment from this great Institution.
Mrs. Pul’s letter to the Vice President of India seeking constitution of a SIT to probe allegations in her husband Kalikho Pul’s suicide diary
February 28, 2017
The Hon’ble Shri M. Hamid Ansari
The Vice President of India
Maulana Azad Road,
Subject: Filing of FIR and Investigation into the allegations contained in my husband Late Kalikho Pul’s suicide note in terms of the judgment of Supreme Court in K. Veeraswami v. Union of India.
Dear Ansari Ji,
You must be aware that my husband Late Kalikho Pul who was the Chief Minister of Arunachal Pradesh from 19thFebruary to 13thJuly 2016 committed suicide on 9th August 2016. At the time of discovery of his body hanging from a ceiling fan in the official CM’s bungalow, 10 copies of a 60-page suicide note (each copy signed in original on every page by him) and dated 8th August 2016 was found. This note titled “Mere Vichaar” briefly details his life history and thereafter shows his anguish about the corrupt state of affairs in politics and in the judiciary in the country. He details several allegations of corruption against politicians and judges from his personal knowledge. In particular, the note contains allegations of corruption against the sitting Chief Justice of India and the next Judge in superiority in the Supreme Court and also against the present President of India.
The Inquest Report in Case No. 14 of 2016 made under Section 174 of CrPC by Itanagar Police Station has inter-alia acknowledged that the Additional District Magistrate had seized during examination of place of occurrence of suicide, inter-alia, “Note containing page 1-60 in four (4) sets signed by late Kalikho Pul with caption in Hindi ‘मेरे विचार’.” The said Report concludes that, “Investigation reveals that on 09/08/2016 at between 0500 hrs to 0900 hrs Lt. Kalikho Pul committed suicide by hanging on the ceiling fan at Pranayama room of HCM Bungalow.” The following observations are made during the investigation process:
- He was under depression after his removal from the CM post.
- His act of writing his biography is also pointing towards his intention…” (Copy enclosed)
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 Chief Justice and another sitting Judge of the Supreme Court, to protect the independence of the judiciary, it should not be investigated by any investigative body controlled by the Government.
It was to protect the independence of the judiciary that the Supreme Court 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. The operative part of the said judgment is reproduced below;
“60…….We therefore, direct that no criminal case shall be registered under Section 154, Cr. P. C. against Judge of the High Court, Chief Justice of High Court or Judge of the Supreme Court unless the Chief Justice of India is consulted in the matter. Due regard must be given by the Government to the opinion expressed by the Chief Justice. If the Chief Justice is of opinion that it is not a fit case for proceeding under the Act, the case shall not be registered. 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. There shall be similar consultation at the stage of examining the question of granting sanction for prosecution and it shall be necessary and appropriate that the question of sanction be guided by and in accordance with the advice of the Chief Justice of India. Accordingly, the directions shall go to the Government.”
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 judge/judges next in seniority.
Since in this case the allegations are also against the sitting Chief Justice and the sitting President of India, I am therefore addressing this request to you to exercise the authority which normally the President would have exercised in terms of the Veeraswami’s judgment which also held:
“12….The President, therefore, being the authority competent to appoint and to remove a Judge, of course in accordance with the procedure envisaged in Article 124, clauses (4) and (5) of the Constitution, may be deemed to be the authority to grant sanction for prosecution of a Judge under the provisions of Section 6(1)(c) in respect of the offences provided in section 5(1)(e) of the Prevention of Corruption Act, 1947. In order to adequately protect a Judge from frivolous prosecution and unnecessary harassment the President will consult the Chief Justice of India who will consider all the materials placed before him and tender his advice to the President for giving sanction to launch prosecution or for filing FIR against the Judge concerned after being satisfied in the matter. The President shall act in accordance with advice given by the Chief Justice of India If the Chief Justice of India. If the chief Justices of opinion that it is not a fit case for grant of sanction for prosecution of the Judge concerned the President shall not accord sanction to prosecute the Judge; This will save the Judge concerned from unnecessary harassment as well as from frivolous prosecution against him as suggested by my learned brother Shetty, J. in his judgment. Similarly, in the case of Chief Justice of the Supreme Court the President shall consult such of the Judges of the Supreme Court as he may deem fit and proper and the President shall act in accordance with the advice given to him by the Judge or Judges of the Supreme Court.”
“45…In this view, the President can be considered as the authority to grant sanction for prosecution of a Judge since the order of the President for the removal of a Judge is mandatory.”
“54. The emphasis on this point should not appear superfluous. Prof. Jackson says “Misbehaviour by a Judge, whether it takes place on the bench or off the bench, undermines public confidence in the administration of justice, and also damages public respect for the law of the land; if nothing is seen to be done about it, the damage goes unrepaired. This must be so when the judge commits a serious criminal offence and remains in office”. (Jackson’s Machinery of Justice by J.R. Spencer, 8th edn. pp. 369-70).”
“55. …The proved “misbehaviour” which is the basis for removal of a Judge under clause (4) of Article 124 of the Constitution may also in certain cases involve an offence of criminal misconduct under Section 5(1) of the Act. But that is no ground for withholding criminal prosecution till the Judge is removed by Parliament as suggested by counsel for the appellant. One is the power of Parliament and the other is the jurisdiction of a criminal court. Both are mutually exclusive.”
“56. …. But we know of no law providing protection for Judges from criminal prosecution. Article 361(2) confers immunity from criminal prosecution only to the President and Governors of States and to no others. Even that immunity has been limited during their term of office. The Judges are liable to be dealt with just the same way as any other person in respect of criminal offence. It is only in taking of bribes or with regard to the offence of corruption the sanction for criminal prosecution is required.”
I am, therefore, requesting you to consult other judges in terms of Veeraswami’s judgment and permit filing of an FIR against the Hon’ble Chief Justice of India and Hon’ble Justice Dipak Misra. If these allegations are not credibly investigated, a serious cloud of suspicion will continue to remain over the politicians and judges whose names are mentioned in the suicide note. This would be most unfortunate for our democracy as well as for the judiciary. A credible investigation in this matter can only be done by an SIT constituted by 3/5 judges next in seniority to the judges named in the note.
I, therefore, request you to consult those judges and also request them to name an appropriate SIT which can credibly investigate these allegations.
Legal Notice to Chief Justice of India
Honourable Chief Justice of India,
SUPREME COURT OF INDIA,
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 ;
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.
- You are responsible for crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.
- You are responsible for denial of information, which vindicates the crimes of powers that be.
- You are responsible for physical assaults , murder attempts on me.
- You are responsible for job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.
- You are responsible for my illegal retrenchment from RPG Cables , denial of medical care to me towards occupational health problems.
- You are responsible for denying me legal aid.
- You are responsible for illegal closure of my news paper.
- You are responsible for denial of press accreditation to me as a web journalist till date.
- 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.
- You have violated my Human Rights & Fundamental Rights.
- 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
Editorial : Are all Judges Honest ? Satya Harishchandra ?
Ugly Face of Judiciary
All Judges are NOT Right
Judges SEX crimes
High Court Judges Favoring Land Mafia
Judge’s Mafia against KARNAN
A – Z of Manipulation of Indian Legal System
50% of higher judiciary corrupt, says ex-SC judge Markandey Katju
In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress
Traitors in Judiciary & Police
Crimes by Khaki
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 :
- To order transparent , impartial investigation into all the above mentioned corruption cases involving high ranking judges.
- 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.
- 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.
Nagaraja Mysuru Raghupathi.
The Persecuted Prisoners Solidarity Committee (PPSC) strongly condemns the judgement by the Gadchiroli Sessions Court March 7, 2017 convicting Mahesh Tirki, Pandu Narote, Hem Mishra, Prashant Rahi, Vijay Tirki and G N Saibaba, under various sections of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and awarding life sentence to five of them and a ten year imprisonment to another. PPSC was initiated with the objective of focusing on the plight of adivasi and marginalized prisoners suffering under the criminal justice system in the armed conflict zones of central and eastern India. It is ironical that Prashant Rahi, one of the main motivators behind PPSC and an untiring worker for the rights and release of persecuted prisoners, is today a victim of the same criminal justice system which has imprisoned him for life for standing up for the victims of the war on people that is being waged by the state in vast parts of India. The other victims of this judgement, which can at best be called a travesty of justice and at worst an open demonstration of the resolve of the state to punish all dissent, include Mahesh Tirki, Pandu Narote and Vijay Tirki, all adivasi youth from Gadchiroli and Chattisgarh, Hem Mishra a student and cultural activist from JNU and G. N Saibaba, a 95% physically challenged professor and activist from DU, all of whom have already suffered for many months in jail. Now they are looking ahead to many years in prison again, thanks to the vengeful Indian state which criminalizes all forms of dissent and protest using the criminal justice system and draconian laws such as the UAPA.
It is of not much use here in pointing out the blatant and glaring inconsistencies, generalizations, subjective observations and biased application of case law with which the entire judgement convicting the abovementioned people is riddled. It would be more instructive to understand the motivation behind the judgement, and the vengeance with which the verdict has been delivered. This is clear from para 1013 (pp 818-819) of the judgement which says “…the situation in Gadchiroli district from 1982 till today is in paralyzed condition and no industrial and other developments are taking place because of fear of naxal (sic) and their violent activities. Hence, in my opinion, the imprisonment for life is also not a sufficient punishment to the accused but the hands of the Court are closed with the mandate of Section 18 and 20 of UAPA and in my opinion it is a fit case to award sentence of imprisonment of life…”. It is clear that the judge rues the fact that exploitation of the adivasi people of Gadchiroli has not been possible because popular resistance, and holds the six accused guilty for that, and regrets that he cannot sentence them to death! Therefore, this judgement has been delivered clearly to serve the interests of the corporations and the state which is hell bent on plundering the resources of the adivasi areas in the name of industrialization and development. It is in the backdrop of the strong peoples’ resistance against iron ore mining in Gadchiroli that this judgement has been given, as a clear message to crush all resistance against corporate plunder of the natural resources which is being tried out in the vast area spread from Jharkhand to Maharashtra. During the same week, the judgment by a Gurgaon court convicting 31 workers of the Maruti Suzuki factory in Manesar, also clearly demonstrates that it is the interest of the corporations that courts all over India are serving and any resistance against these interests will be crushed brutally by using the criminal justice system.
We believe that the six convicted should be released immediately and charges against them should be dropped. We call upon all organizations and democratic-minded people to unite and protest strongly against this particular judgement and against the general persecution of the most marginalized sections of our population by the criminal justice system in the entire armed conflict zone of eastern and central India, and elsewhere, where the people are bravely resisting the state and corporations’ relentless attack on the lives and livelihoods of the working people.
Partho Sarothi Ray
On behalf of
Persecuted Prisoners Solidarity Committee (PPSC)
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