SOS e - Clarion Of Dalit

IT IS A FORUM TOWARDS PROTECTING THE CIVIL , HUMAN RIGHTS OF THE OPPRESSED - DALITS , MINORITIES & TRIBALS.The Criminal - Police - Politician - Judge - Criminals Nexus is trying to silence me in many ways. If anything untoward happens to me or to my dependents CHIEF JUSTICE OF INDIA together with jurisdictional police & District Magistrate will be responsible for it.

Friday, October 9, 2009

Judicial accountability

S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed Editor: NAGARAJ.M.R VOL.3 issue. 42 21 / 10 / 2009 Editorial : JUDICIAL ACCOUNTABILITY IN INDIA - URGENT NEED OF THE HOUR Visit http://sites.google.com/site/eclarionofdalit/judicial-accountability-of-indian-judges , All the people behind the bars are not criminals , all the people arrested by police are not criminals. The judgements & pronouncements of judges are not sacrosanct , THE FINAL TRUTH . The judges & police are not gods , they are also human beings like you & me PRONE TO ERR . Some of those judges , police in their greed for more money become corrupt , misuse their office letting out rich criminals , fixing innocents & sending innocents to gallows. In many ways powers that be are trying to silence me – voice seeking truth , justice . The powers that be are using the services of criminals & ISP internet service providers , to hack my website , e-mail account & to block the public from reading our newspaper . our website links are not at all opening. TRUTH CANN'T BE BURIED BY CENSOR BEWARE. After 62 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer's expense , while more then 50 million are starving to death. The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers. Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy. When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own. Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities. In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities. In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ? Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India. In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation. If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves. In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public. Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers & sisters on the occasion of 61st independence day celebrations, let us build a true democratic India , free of corrupt public servants. JAI HIND. VANDE MATARAM. Your's sincerely, Nagaraj.M.R. JUDICIAL ACCOUNTABILITY – APPEAL NO.3 1st October, 2009 To Hon’ble Mr.Justice K.G. Balakrishnan The Chief Justice of India Hon’ble Mr.Justice B.N. Agarwal Hon’ble Mr.Justice S.H. Kapadia Hon’ble Mr.Justice Tarun Chatterjee Hon’ble Mr. Justice Altamas Kabir Supreme Court of India, New Delhi. Sirs, Sub: Details of more acquisitions by Justice P.D.Dinakaran Ref: Our Representations dated 09.09.09 and 17.09.09. Subsequent to our earlier representations referred to above, additional information regarding amassing of further properties and exercise of judicial powers to decide cases in his own cause by Justice P.D.Dinakaran has emerged. The information furnished below also provides further documentary proof of his acquisitions detailed in our earlier representations. I. Three housing plots from Tamil Nadu Housing Board near IT Corridor, Chennai in 2005. 1. In the year 2005, 3 plots of 3600 – 3800 sq.ft. each were obtained by Dr.Mrs. Vinodhini Dinakaran and the two daughters Amudha and Amirtha. The plots for the daughters were applied for first in the names of Mr.James Kuppusamy, father-in-law (then aged 83 years) and Mrs. M.G. Paripoornam, mother-in-law (then aged 73 years). The plots were allotted by the Tamil Nadu Housing Board at Sholinganallur Village Neighbourhood Scheme Phase III, Tambaram Circle, Kancheepuram District. Sholinganallur is a suburb near the IT Corridor of Chennai City and any property there is considered as prime property. The allotments have been made in violation of many eligibility conditions prescribed by the Tamilnadu Housing Board. The father-in-law and mother-in-law of Justice P.D.Dinakaran are learnt to have said in their applications to the Housing Board that they were not assessed to income-tax and their annual income was only Rs.56,668/- and Rs.49,200/-, respectively. Thus they were not even eligible for the allotment under the High Income Group for plots (annual income above Rs.90,102), from the Housing Board. 2. Shocking modus Operandi to secure property beyond limit under a public housing scheme and acting as Judge in own cause i) Joint Applicants: Three joint applications were made on 19.06.2002 for allotment by the Tamilnadu Housing Board by: a) One V.Sarala (relationship not known) and Dr. Vinodhini Dinakaran (wife) b) James Kuppusamy (father-in-law) and P. Vimala (sister of P.D.Dinakaran) and c) J. Williams (brother-in-law) and Mrs. M.G. Paripoornam (mother-in-law) (ii) Withdrawal of co-applicants: The joint-applicants withdraw on the same date, 27.03.2003, thus leaving Dr. Vinodhini (wife), James Kuppusamy (father-in-law) and M.G. Paripoornam (mother-in-law) as the sole applicants. (iii) Wife and in-laws Sole allottees: Finally the allotment of one plot each was confirmed on 04.07.2003 by the Tamil Nadu Housing Board as follows: (a) Dr. Mrs. Vinodhini Dinakaran, wife - 360 sq.m. Plot No.HIG II/25 (b) Mr. James Kuppusamy (83 years), father-in-law - 336 sq.m. Plot No.HIG II/43 and (c) Mrs. M.G. Paripoornam (73 years), mother-in-law - 336 sq.m. Plot No.HIG II/44. (iv) Cost of purchase: The sale deed for the properties were registered on 01.09.2005 for Rs.6.90,770, Rs.5,15,900/- and Rs. 5,15,900/-, respectively. This is gross undervaluation. However, the Housing Board actually seems to have asked for escalated cost of Rs.8-11 lakhs. That the latter is the actual value is clear from the entry two days later on 03.09.2005 as shown below. v) Transfer of property to daughters Within two days of the sale, viz., on 03.09.2005, both the father-in-law and mother-in-law effect a “ settlement” of their plots on Justice P.D.Dinakaran’s daughters Amirthaporkodi Dinakaran and Amudhaporkodi Dianakaran, respectively, thus completely subverting and defeating a public housing scheme meant to serve those without property and in need of housing. The value of the property is shown as Rs.8,59,824/-. Within two days the value shoots up by 3.5 lakhs, which is the real value. The Encumbrance Certificate dt.30.09.2009 and a translation of relevant entries are enclosed. 3. Allotments in violation of Rules: The Tamil Nadu Housing Board allotments are in complete violation of the allotment Rules. a) As per the Board’s condition No.1 for registration, not more than one plot per family can be allotted, whereas the father-in-law and mother-in-law of Justice P.D.Dinakaran have been given two separate plots. This condition was further defeated when the two daughters of Justice P.D .Dinakaran were given the plots on settlement, even as their mother had been allotted a plot. b) According to condition No.1, a person owning any property in any town in India is not eligible to apply, whereas Dr. Vinodhini Dinakaran, who already owns property at No.28, East Park Road, Shenoy Nagar, Chennai was allotted a plot. c) James Karuppusamy, the father-in-law and M.G.Paripoornam, mother-in-law with Rs.56,668/- per annum and Rs.49,200/- per annum, respectively, fell below the minimum eligible income limit for a High Income Group allotment, but were still given the plots. It is reliably learnt that these income details were declared by them in their applications in June 2002 to the Tamilnadu Housing Board. 4. Subversion of justice for personal gain While Justice P.D. Dinakaran’s wife Dr. Vinodhini Dinakaran, his father-in-law and mother-in-law were beneficiaries of allotment of housing plots in the Sholinganallur Neighbourhood Scheme Phase III, and the Housing Board was yet to effect the sale in their favour, on the judicial side the judge decided W.P.No.9075/97 by his Order dated 29.01.2004 ( Kuresh A. Kapadia Vs. State of Tamil Nadu & others- 2004 (1) MLJ 630 ) and upheld the land acquisition for the very same Scheme. Consequently, the way was cleared for the Housing Board to effect sale of land to the allottees and Dr.Vinodhini and her parents were direct beneficiaries of Justice Dinakaran’s judicial order. The sale deeds were thereafter registered on 01.09.2005. This is gross abuse of office and subversion of justice. II. Property at Ooty, Nilgris District, Tamil Nadu in 2009. (market value Rs.8 -9 Crores) 1. Document No.1078/2009 dt 28.08.2009 registered with Sub-Registrar I, Ooty: 4.5 Acres property with a bungalow in Survey No.4813/1C has been purchased in the name of Mrs. Paripoornam, wife of late James Kuppusamy, mother-in-law of Justice P.D. Dinakaran, at the end of August 2009. 2. The Government Guideline value of property in this area is Rs.150/-sq.ft., which works out to nearly Rs.3 crores for 4.5 Acres. The Government Guideline value published on the Registration Department website is enclosed. The market value is reported to be Rs. 8-9 crores approximately. The cost of the bungalow would be in addition to the cost of the land. However, the property was grossly undervalued at Rs.33,75,100/- as clear from the Encumbrance Certificate which is enclosed. The Registration Department has raised an objection under Sec.47-A of the Indian Registration Act and the dispute is pending. 3. It is learnt that the parents in-law did not have resources to support such investments, which is also apparent from their declarations in their applications to the T.N.Housing Board. Mrs. Paripoornam, mother-in-law of Justice P.D. Dinakaran retired as a Headmistress of a school and her husband James Kuppusamy retired as Assistant Foreman (Security) in Ooty and is no more. III. Cost of properties at Shenoy Nagar and Anna Nagar, Chennai. In our earlier representation we pointed out to the acquisition of property by Justice P.D. Dinakaran at Shenoy Nagar and Anna Nagar, Chennai. We now have further information and details in respect of the same. A. Property at 27 & 28, East Park Road, Shenoy Nagar, Chennai, (Office Complex). The Shenoy Nagar property seems to have been partly purchased before and partly after the appointment of Mr.P.D. Dinakaran as judge of Madras High Court The Encumbrance Certificate dated 30.09.2009 for 28, East Park Road enclosed herewith reveals: a) 3236 sq.ft. - purchased by Mr.P.D.Dinakaran and Dr. K.M.Vinodhini Dinakaran in 1990 for 5.5 lakhs and subsequently his share was settled in his wife’s name on 10.12.2001. b) 2688 sq.ft. - purchased by Dr.K.M.Vinodhini on 15.07.2002 Since, the second purchase was undervalued proceedings under Sec. 47A(1) of the Indian Registration Act were taken and finally a stamp duty of Rs. 1.49,721/- was paid. As per Government Guideline value of Rs.1069/- per sq.ft., the cost was Rs.28,73,472/- B. Property at J-81, Anna Nagar, Chennai, jointly purchased by Justice P.D. Dinakaran (Rs.37,85,040), Dr. Vinodhini Dinakaran (Rs.28,35,000) and Mrs. M.G. Paripoornam, mother-in-law (Rs.24,30,000/-) during 2005-2006 totals to Rs.90,50,040/-. (see EC sent with our Representation dated 17.07.2009). IV. Loans availed It is learnt that Justice P.D. Dinakaran and his wife Dr. Vinodhini have taken loans running to more than Rs.1.59 crores in recent years. a) Dr. Vinodhini Dinakaran availed two loans from Indian Overseas Bank, Anna Nagar, Chennai (see EC dt. 23.09.2009 for 28, East Park Road, Shenoy Nagar, Chennai) (i) 2007 - Rs.62 lakhs (ii) 2008 - Rs.35 lakhs b) Justice P.D. Dinakaran is reported to have taken loans as below: (i) Bank of Baroda - Rs.56 lakhs (ii) Government Housing Loan – Rs.6 lakhs (iii) Provident Fund Loan The Bangalore Mirror dated 20.09.2009 reports the loans mentioned at (i) to (iii) above. It is learnt that the required EMI payments for these loans are close to Rs.3 lakhs per month. V. Other Violations 1. Chennai Metropolitan Development Authority approval plan dated 07.09.2007 granted to Dr.Vinodhini Dinakaran, sanctions an office building with stilt+4 floors at No.27 & 28, East Park Road, Shenoy Nagar, Chennai. However, 5 floors have been built. 5th Floor is wholly illegal, yet the CMDA has on inspection issued a Completion Certificate on 10.07.2008. 2. Earlier, we had detailed the encroachment of public property by the judge and his family in village Kaverirajapuram. We enclose herewith independent reports from national dailies and news magazines in this regard, which show that the dalits and the landless poor in the village are living in mortal fear and have been deprived of access to Government lands and common village properties because of the illegal encroachment by the judge and his family. The reports are as follows: a) “The Hindu” dt. 23.09.2009, b) “Mail Today” dt. 24.09.2009, c) “The Indian Express” dt. 27.09.2009, d) “The Pioneer” dt. 20.09.2009 & 21.09.2009, e) “Outlook” dt. 05.10.2009. VI. Operation – Personal Aggrandisement A Fraud on Public Trust Corporate façade: We have already set out in our earlier representations how hundreds of acres of lands are reported to be partly acquired by four companies, viz., i) Dear Lands (India) Pvt. Ltd. ii) Amudham Gardens Pvt. Ltd. iii) Amirtham Gardens Pvt. Ltd. and iv) Canaan Gardens Pvt. Ltd. The relationship of the Directors in the four Companies are given in the annexed chart. It will be seen that James Kuppusamy (father-in-law), M.G.Paripoornam (Mother-in-law), P.Vimala (Sister) and J.Williams (Brother-in-law) are persons of poor financial resources as given in their applications to the Housing Board in 2002 and were not even Income Tax payees then. Yet companies are incorporated in 2001 with substantial shareholdings shown for each of them. Benami transactions: A cursory glance at the manner of acquisition of properties by Justice Dinakaran’s wife and children reveals a clear pattern. Properties are initially purchased in the name of the aged parents-in-law and subsequently “settled” in the name of Dr.Vinodhini (wife) or Ms. Amudha Dinakaran or Ms.Amirtha Dinakaran (daughters). For instance the 30% share in house site in Anna Nagar first purchased by Mrs.Paripoornam (mother in-law) was settled later to her daughter, Dr.Vinodhini Dinakaran (wife of the judge) on 21.08.2006 i.e. in less than a year. The remaining 70% share was bought jointly by Justice P.D.Dinakaran and his wife. A similar pattern is evident in the Housing Board Allotments where the applications were made by the aged parents-in-law of Justice P.D.Dinakaran along with one other individual who subsequently withdraw the application and the final allotment is made in the name of the parents-in-law. Within two days thereafter, the parents-in-law have settled these properties in the name of the two daughters of Justice P.D.Dinakaran. The expensive property in Ooty has also been bought in August 2009 in the name of the aged mother-in-law, Mrs.Paripoornam who is now close to 80 years. Fraud on public exchequer: There is also systematic and gross undervaluation of the properties at the time of every registration of the sale deeds, in order to evade payment to the public exchequer. The information and materials submitted by us so far, show clearly that the assets possessed by Justice P.D. Dinakaran, his wife and children are disproportionate to the known sources of his income. The so called ownership of properties by his extended family is an eyewash, as is clear from their financial status and the fact that the property is invariably given over by ‘settlement’ to either Justice P.D. Dinakaran’s wife Dr.Vinodhini Dinakaran or their two daughters. The veil of ostensible documentations and corporate operations cannot hide the fact that the real ownership lies with Justice P.D.Dinakaran, who has gained wealth through illegal and corrupt means. As persons interested in the integrity and independence of the judiciary we are greatly alarmed and shocked at the machinations and deception by a holder of high judicial office. Using the immunity attached to the Constitutional post, Justice P.D. Dinakaran has with impunity committed acts which are illegal, immoral and unethical. Far from holding office in public trust, he has committed fraud and operated the system for personal aggrandisement. The moral authority of the judiciary to judge those who are brought to justice to face charges of corruption and public wrongs will be completely eroded if Justice P.D.Dinakaran is allowed to continue as a judge anywhere. If Rule of Law has to prevail, we strongly feel and urge that (i) an immediate investigation and enquiry should be initiated into the allegations against Justice P.D.Dinakaran, Chief Justice of Karnataka High Court and action for his removal through impeachment should follow and (ii) until the process of investigation, enquiry, impeachment and removal is over, Justice P.D.Dinakaran should not be allowed to discharge his judicial or administrative functions This case also brings to attention the gaping void in our Constitutional law that does not provide for any immediate suspension of a judge of the higher judiciary, whose continuance so seriously compromises the integrity of the judicial system. While there are precedents, where a Chief Justice of a High Court or the Supreme Court of India can withhold allotment of judicial functions to a judge pending enquiry, there are no precedents where the conduct of the Chief Justice itself is in question. We therefore appeal to you as members of the Supreme Court Collegium to intervene urgently to advise Justice P.D.Dinakaran, Chief Justice of Karnataka High Court to desist from exercising any judicial or administrative functions pending completion of an enquiry and a final decision on the same. Yours faithfully, sd/- R. Vaigai Sriram Panchu Anna Mathew S.S.Vasudevan Geeta Ramaseshan T.Mohan N.L.Rajah D.Nagasaila Sudha Ramalingam S.Devika JUDICIAL ACCOUNTABILITY APPEAL NO.2 17th September 2009 Hon’ble Mr.Justice K.G. Balakrishnan The Chief Justice of India Hon’ble Mr.Justice B.N. Agarwal Hon’ble Mr.Justice S.H. Kapadia Hon’ble Mr.Justice Tarun Chatterjee Hon’ble Mr. Justice Altamas Kabir Supreme Court of India, New Delhi. Sir, Sub: Further particulars with supporting materials Regarding Mr. Justice P.D. Dinakaran, Chief Justice of Karnataka. Ref:Our earlier representation dated 9.9.2009. We are forwarding further materials that we have received regarding Mr.Justice P.D. Dinakaran’s assets and his rather unusual judicial orders. I. ASSETS & LAND GRABBING A. Lands at Kaverirajapuram village. More than 300 acres of land owned by the Judge and his family; partly held in his individual name and that of his wife and two daughters and by the following private companies. Enclosed within these fenced properties are nearly 150 acres of Government and village common land meant for community use. • All the Companies were incorporated on 23.08.2001, after Mr. P.D.Dinakaran was appointed as judge of the Madras High Court. • Annual Returns of all 4 companies state that all shareholdings are held by the Directors and their relatives. Company Some Directors: Dear Lands Pvt. Ltd., Kaverirajapuram village, Tiruttani Taluk, Thiruvallur Dist. 1. Dr. K.M. Vinodhini, wife of Mr. Justice P.D.Dinakaran 2. Mr. J. Williams (reported to be Mr. Justice P.D. Dinakaran’s sister husband) Amudham Gardens (P) Ltd. Kaverirajapuram village, Tiruttani Taluk, Thiruvallur Dist. 2. Mr. J. Williams (mentioned as above) 3. Ms. Amudha Dinakaran, Daughter of Mr. Justice P.D.Dinakaran Amirtham Gardens (P) Ltd. Kaverirajapuram village, Tiruttani Taluk, Thiruvallur Dist. 1. Dr. K.M. Vinodhini, wife of Mr. Justice P.D.Dinakaran 2. Mr. J. Williams (mentioned as above) 3. Dr. Kingsley Alfred Chandrasekaran (Brother of Mr. Justice P.D.Dinakaran) 4. Mrs. D.A.P. Kamalakumari Kingsley (Son-in-law of Mr. Justice P.D.Dinakaran) Canaan Gardens Pvt. Ltd. Kaverirajapuram village, Tiruttani Taluk, Thiruvallur Dist. 1. Ms. Amudha Dinakaran, Daughter of Mr. Justice P.D.Dinakaran 2. Mr.J.Williams (as mentioned above) B. Urban Properties: 1. Another property at Shenoy Nagar, Chennai was owned by Justice P.D.Dinakaran. He settled the same in his wife Dr.Vinodhini’s name in 2001-2002. It is learnt that a loan of Rs.7 lakhs was taken by Dr.Vinodhini in 2002 from Corporation Bank, Anna Nagar, Chennai but was closed in 2004. In the last two years, a huge commercial complex has been built (photo enclosed – Annexure 6). Mr. Justice P.D.Dinakaran was seen frequently supervising the construction. Recent estimates indicate that the cost of construction would be not less Rs.2.5 crores. 2. Justice P.D.Dinakaran acquired a residential plot of 4800 sq. ft. at J-81, Anna Nagar East, Chennai during 2005-2006 for a total cost of Rs.90,50,040 lakhs. The property stands in the joint names of the Judge and his wife Dr.K.M.Vinodini, as per the Certificate of Encumbrance on Property (Annexure 7). Construction of a building with two floors and above is on. By any modest estimate, the cost of construction would so far would have been more than Rs.25 lakhs. C. Other Properties: There are strong reports of possession of extensive lands in other districts of Tamilnadu including the Nilgiris hills. This may be enquired into. II. Inappropriate Judicial Orders Pointing to Bias & Corruption A. In Madras High Court: The unusual order passed by Mr. Justice P.D.Dinakaran in (279 ITR page 61) has already been referred to by us. Mr. Justice P.D.Dinakaran had allowed the Writ Petition, challenging the notice to reopen assessment falsely stating that a concession was made by the Counsel for Income Tax Department. His judgment has now been reversed by an Order dated 22.7.2009 in W.A.No. 766 and 771 of 2005 by the Division Bench presided by Mr. Justice Ibrahim Kalifullah. Relevant facts: a). The I.T. Department issued notice to reopen assessment made on the basis of a complaint given by SEBI, regarding ‘insider trading’, alleging that the assessees had actually sold the shares to benamis at Rs.800/- per share and within one month thereafter, they sold the shares for Rs.5000 per share, who thereafter remitted the entire proceeds to the assessees. It was thus clear that it was not a simple case of long term capital gain and that income escaped assessment to be taxed as short-term capital gain. The price of the shares sold was to the tune of Rs. 22,53,17,050/- resulting in huge escapement of income chargeable to tax. b). Writ Petition Nos. 10607, 10608 and 10628 to 10631 of 2005 were listed for admission on 31.3.2005 before Mr. Justice P.D. Dinakaran. c). No prior notice was issued to the Income Tax Department, since in Madras High Court, Writ Petitions are listed for admission exparte. d). The Madras High Court cause list of that date is enclosed, wherein only the name of Counsel for the Petitioner is printed (Items 45- 47). e). Yet Mr. Justice P.D.Dinakaran strangely recorded that Counsel for the Income Tax Department ‘conceded’ that the impugned orders had been wrongly passed, even as the said counsel who happened to be present in the Court took notice. f) At the admission stage itself, the Writ Petitions were allowed and Writ of Certiorari issued. g) Judgment dated 31.3.2005 of Mr. Justice P.D.Dinakaran does not disclose the facts of the case, viz., the order of the Income Tax Department was based on the complaint by SEBI, instead merely sets out legal provisions and suddenly says: “18. Mrs. Pushya Seetharaman, Learned Counsel taking notice on behalf of the respondent, fairly concedes that the objections of the Petitioners ……….. were not considered 19. Learned Counsel for the respondent also concedes that the respondent committed an error apparent on the face of the record.” h) Writ Appeal Nos. 766 to 771 of 2005 were filed by the Income Tax Department with an affidavit of the Deputy Commissioner of Tax stating “the Writ Petition was allowed at the stage of admission itself without giving the Department an opportunity to file counter or present its argument in detail. We have verified this with our Standing Counsel and she says that she did not concede the matter.” The Writ Appeals stand allowed now by order dt. 22.07.2009. Extracts from the Madras High Court causelist dt.31.03.2005, the judgment reported in 279 ITR 61, the Grounds of Appeal and the Affidavit filed by the Deputy Commissioner of Income Tax are filed as Annexures 8 – 11. B. In Karnataka High Court i) Cases relating to Vinod Goel -- W.P. 8094 of 2009 Vinod Goel representing Jantakal Enterprises filed a Writ petition to lift and transport 1,17,800 (one lakh seventeen thousand and eight hundred) metric tonnes of iron ore which according to him was mined in the year 1985. 1985 Vinod Goel’s mining lease expired. According to him he obtained extension of lease. 1993 The mining area was declared a ‘reserved forest area’ and hence clearance under the Forest Conservation Act was mandatory. 1996 Accordingly he applied for clearance. 2008 Correspondence for clearance still continued. 2009 Vinod Goel asserted that minerals mined by him during 1965-85 were not cleared because there was no market for iron ore of grades less than 62% and 63%. The said mined mineral to the extent of 1,25,000 metric tones was lying in the dump for 24 years. He wanted permission to lift the material in 2009 as there was now a market for it. Since the ore was mined prior to 1985, the Forest Department could have no objection for the same. 02.03.2009 Chief Justice P.D.Dinakaran allowed the Writ Petition by order dated 02.03.2009 permitting the said Vinod Goel to lift and transport 1,17,800 metric tones of iron ore from forest land. ii) Order contrary to earlier order In W.P. No. 12028 of 2008, the Petitioner M/s Jothi Brothers was granted mining lease in Forest Land mistakenly treating it as Revenue land. The Division Bench comprising of Chief Justice P.D.Dinakaran and Justice V.G.Sabahit held that such mining lease was invalid and that there was collusion between the mining lessee and government officials to treat forest land as revenue land and obtain mining lease. The court not only directed an enquiry but also directed that damages have to be collected from the mining lessee. However, in W.P.No.12028 of 2008, in an identical fact situation Vinod Goel obtained a very curious order. A PIL was filed for cancellation of mining lease in S.N0.97 of Rajathadipura Forest Area in Tunkur District originally granted to one B.D. Hanuman Singh and subsequently transferred to Vinod Goel. The mining site was declared as a Forest in the year 1939 itself. As per Sec.2 of the Forest Conservation Act, 1980 no forest land can be diverted for non-forest use without the prior approval of the Ministry of Environment and Forest, Government of India. However the State Government granted mining lease treating it as revenue land and not forest land. But in this case the very same Division Bench headed by Chief Justice P.D. Dinakaran directed Vinod Goel to give a representation to the State Government for grant of alternate land to an extent of 71.20 acres and directed the government to consider the representation and accord preference to the said Vinod Goel over other mining lease applications. iii) Constituting a Full Bench to overrule a Div. Bench order when Supreme Court was considering validity of Div. Bench’s order 1992 Several persons filed application for grant of mining lease from the State of Karnataka. 17.02.2003 Even as these applications were pending, the State of Karnataka issued a notification dated 17.02.2003 de-reserving all lands earlier reserved by it in the year 1958 under the Mines & Minerals (Development & Regulation) Act, 1957. 15.03.2003 Notification calling for application from the general public. -- Writ petition Nos.18445 of 2003 & batch were filed challenging the notification dated 15.03.2003 on the ground that the application for mining leases were not considered by the Government on the wrong presumption that they were reserved, though the Act has no provision for reservation. They objected to the fact that applications of persons who applied pursuant to the notification dated 15.03.2009 were being processed and given precedence over their applications which were pending since 1992. 27.11.2006 Single Judge allowed Writ Petitions directing that applications should be considered as per the date of application and applications given pursuant to notification dated 15.03.2003 will be considered thereafter. 12.03.2009 Division Bench confirmed the order of Single Judge and the Writ Appeal Nos.850 and 1353 of 2007 were dismissed. -- In Supreme Court SLP Nos. 12100-12101 of 2009 were filed against the Division Bench order. Notice was issued but stay of operation of the order dated 12.03.2009 refused. SLP is still pending. -- Other writ appeals which were filed against Single Judge’s Order were posted for admission. When these Writ Appeals came up for admission before a Division Bench consisting Chief Justice P.D.Dinakaran and Justice V.G.Sabahit, the Court was informed that the Writ Appeals were covered by the order dated 12.03.09 in W.A. No.850 of 2007 and Batch. The Court was also informed that the State Government did not file SLPs against the order and the SLPs filed by private parties were pending. -- Chief Justice P.D. Dinakaran, however, referred the writ appeals to a Full Bench. He thereafter constituted a Full Bench headed by himself. 28.08.2009 The Full Bench overruled the order dated 12.03.2009 of the Division Bench in W.A.No.850 and 1353 of 2007 and held the applicants who filed applications prior to 15.03.2003 will be treated as having filed the applications on 15.03.2003 and could claim no priority. The merits of the individual writ petitions were to be decided by the Division Bench. 28.08.2009 Same day, after the Full Bench order was pronounced, Chief Justice P.D. Dinakaran listed the entire batch before a Division Bench presided over by him and dismissed the entire batch. It is learnt that the copy of the Full Bench Order and the Division Bench Order are yet to be received. By this unusual procedure, Chief Justice P.D.Dinakaran through the Full Bench overruled the Division Bench’s decision, even as the latter’s correctness was being considered by the Supreme Court. There are strong rumours that by this unusual process, a few business groups have been hugely benefitted. Some of the judgments of the Karnataka High Court referred above are enclosed as Annexures – 12 to 14. There is a spate of information that is pouring into our Forum alleging corrupt practices both moral and economic by Chief Justice P.D.Dinakaran. However, we have desisted from listing all of them without verifying their credibility. But we do feel that the reputation of Chief Justice P.D.Dinakaran definitely does not make him worthy of consideration for appointment to the Supreme Court and his addition will only diminish the image of the great institution. The Supreme Court enjoys its powers because of the immense faith reposed by our people. Their confidence will be rudely shaken if a judge who has grabbed public property and has compromised public interest will be appointed to the Supreme Court. We therefore request you not to appoint Mr.Justice P.D.Dinakaran to the Supreme Court of India and to initiate an enquiry into his conduct. Yours faithfully, FORUM FOR JUDICIAL ACCOUNTABILITY Room No.2, I Floor, 45 Armenian Street, Chennai-600 001 PRINT SHARE COMMENTS FILED IN TOPICS: JUDICIARY MORE IN: NATIONAL , OPINION Daily Mail COLLAPSE COMMENTS : HAVE YOUR SAY SEP 27, 2009 01:37 AM 38 Seshadri, >> the caste angle seems to be brought in, only to divert attention from the fact that justice dinakaran's family of big-wealth-holders seem to be all chr or crypto-chr only. prabhu also a crypto-chr, probably. If bringing in the caste angle is wrong, bringing in the Christian or crypto-Christian angle is equally reprehensible. How can a retired professor be so stupid? ANWAAR DALLAS, UNITED STATES SEP 26, 2009 04:47 PM 37 B_P:>>"Please explain to me a brahmin by birth origin," so, you are B-conv; very god-minded, I hope; jesus = skanda be with you, always. >>" but who does not at all subscribe to " Brahminism " the outright evil of brahminic hinduism" please note that 'brahminism' as outright evil was practiced only by the obcs on mbcs and dalits [ask them], only blaming it conveniently on Bs and M-smriti, ask maayaavati. >>"the following.. the Brahmanists did not control/rule even ONE single Rajdhani/administration/army in any country of southasia prior to British Raj in the 19th century" right, the Bs were not meant to be rulers at all, only spirituality advisors, living in forest cottages on freely falling fruits and alms given by royal and wealthy visitors of ksh and vaiSya types. when mosl arrived, the then dalits joined them, ksh fought and got killed, vaiSyas fled, obc-Soodras joined service under nawabs, most Bs were made the new scavenger-outcast dalits, bec they worshipped idols in temples and homes. some also survived as NBs with contrived anti-B surnames, still worshipping hindu gods, fervently. When the brits replaced the moslems in power, the Bs, bec of sans-know, picked up engl very fast, became lawyers, admns under brits, unified country for indep, talked the brits out of india in their own lang, without war. >>"But post India's Independence, the Brahmins (3.5% of "Hindus") alone control over 70% of the top decision-making posts in the political system, administration, judiciary, army, police, press, media and academics" a temporary phenomenon, fully rectified by the obcs and sc-st reservists after independance. most Bs are now out of these in the younger gen, mostly driven abroad also. But they thrive particularly in info-tech and software engg, thro niit deplomas not subject to reservations, mainly bec remembering long programme do-loops is easy for Bs, with genes used to memorize long vedic mantrs. data-text-preserv techno was also known in vedic times also. my grandpas were both lawyers, divans/judges in india; myself a poor iit-prof; my son a cptr-mgmt-consult in usa, my grandkids: God only knows! Try your best to kill all Bs in the whole world. Narayana will be glad to give their souls full salvation in liberation. You can have this whole earth only for your chr, and mosl, and your obc-sambandhis. V.SESHADRI CHENNAI, INDIA SEP 26, 2009 03:36 PM 36 S:>>"I am amazed at the caste angle given to the ongoing issue" In full agreement with your post addressed to prabhu. the caste angle seems to be brought in, only to divert attention from the fact that justice dinakaran's family of big-wealth-holders seem to be all chr or crypto-chr only. prabhu also a crypto-chr, probably. it is claimed that conv of dalits to chr itself is only to remove the low-caste stigma. chr said to be caste-free. but nowadays, converts seem to retain strong caste-consciousness and also seeking pre-conv caste-based reservations, everywhere and in the bench of the supreme court also, the Bs being the whipping boys, as usual. The Bs have run away from the law and justice field, especially in the south. only one lady-B in the bench of the madras high court. Those who practiced 'divide and rule' under the brits are now trying 'divide and rise', under sonia-raj, I suppose. . V.SESHADRI CHENNAI, INDIA SEP 26, 2009 02:48 PM 35 B Prabhu, >> But post India's Independence, the Brahmins (3.5% of "Hindus") alone control over 70% of the top decision-making posts in the political system, administration, judiciary, army, police, press, media and academics ... Adding the remaining Brahmanical castes (Banias, Kayasths), the state power of the Brahmanists jumps from 70% to almost 95%. You have to consider the social and educational levels and conditions over the generations. There are groups/sections which have generations of education behind them. The focus therefore ought to be to bring up the social and educational conditions and standards of SC/ST/Backwards etc as well. You are welcome to join the efforts to bring quality education to the masses of our country. Sky is the limit, once quality education reaches the masses (can be done in a generation or two, if people like you focus all your energies in that positive direction) I agree with Sandilya and Anwar that the caste angle should not be brought up in a potential corruption case, that too as serious a case as the one involving a judge. If the point is that others from upper castes are shielded or not similarly exposed because of media bias etc, then you are free to do that investigation/expose on them yourself. KUMAR BANGALORE, INDIA SEP 26, 2009 01:21 PM 34 Prabhu, The debate is about the innocence or otherwise of Dinakaran- not which caste he belongs to. Even today all are equal before law- dalit or brahmin. If Dinakaran thinks he is clean there is law of the land and he can file a legal suit of defamation against the perfidious so called upper caste lawyers and claim huge damages. But it seems he has not done it yet only to lend credence to the allegation. I do not think anyone without adequate evidence will go to that level of petitioning on a chief justice of a High Court considering that there are some legal luminaries among the petitioners. As Anwaaar said A dalit is as likely to be corrupt as a caste Hindu or a Muslim. There was one Veerasamy- a Brahmin I suppose- as supreme court justice accused of corruption and he was impeached. My point after all this is ‘pl. NO caste talk here’. But you are trying to divert the debate by raising caste card. Your incidence of birth does not give you extra licence to make preposterous claims. You and your ilk are doing great damage and sullying the image of judiciary through cheap caste claims. The prestige of judiciary will only get enhanced if truth comes out. Pl. Stop your caste bigotry. And by repeating your inane statistics ad nauseum your argument is not going to become stronger either. Do not keep complaining. You try and get there if you have the ability. If more Brahmins are there its by virtue of gift of their lineage which endowed them more intellectual prowess but a Brahmin will prove a very inferior warrior for which a Goorkha is more poised for a dual. There are always exceptions and exceptions are not rules. There are certainly intelligent dalits and stupid Brahmins as well, we all know. No point in discussing issues on which we have no control. A small nation with 60 millions –equal to TN- UK has a record of producing about 200 Nobel prize winners. Only stupidest will complain about that whereas any one with little brains will go to the Nobel winners and learn in humility to become one like them, if possible. SANDILYA CHENNAI, INDIA SEP 26, 2009 12:23 PM 33 INITIATE FIRST AN ENQUIRY ON THE VERY CORRUPT BRAHMINISTS : Sandilya, Gayatra Devi, Seshadri Please explain to me a brahmin by birth origin, but who does not at all subscribe to " Brahminism " the outright evil of brahminic hinduism the following. " the Brahmanists did not control/rule even ONE single Rajdhani/administration/army in any country of southasia prior to British Raj in the 19th century But post India's Independence, the Brahmins (3.5% of "Hindus") alone control over 70% of the top decision-making posts in the political system, administration, judiciary, army, police, press, media and academics (Statistics on composition from 1935 and 1985 have been published by Indian Journalist and Historian Kushwant Singh). For example, in 1935, the 3.5% Brahmin caste group held around 4% of the gazetted positions among Indians in the upper echelons of the administrative machinery. By 1985, one finds that out of 3,300 Indian Administrative Officers (IAS), 2,376 are Brahmins; from the rank of deputy secretaries upwards, out of 500, 310 are Brahmins; of the 26 state chief secretaries, 19 are Brahmins; of the 16 Supreme Court judges, 9 are Brahmins; of 438 district magistrates, 250 are Brahmins; and so on in other circles of power and policy in the Indian state. Adding the remaining Brahmanical castes (Banias, Kayasths), the state power of the Brahmanists jumps from 70% to almost 95%. The facts show that Brahmanists control the top positions in India's political system, administrative system, judiciary, press, media, army, etc. - and hence the actions and policies of the Government of India (GOI). Intriguingly, the Brahmanists did not control/rule even ONE single Rajdhani/administration/army in any country of southasia prior to British Raj in the 19th century B PRABHU MANGALORE, INDIA SEP 26, 2009 11:34 AM 32 >> I am amazed at the caste angle given to the ongoing issue that Dinakaran amassed wealth through illegal gratification. Caste hardly matters here. I agree. A dalit is as likely to be corrupt as a caste Hindu or a Muslim. The matter should be judged on facts and evidence only. ANWAAR DALLAS, UNITED STATES SEP 26, 2009 11:08 AM 31 I am amazed at the caste angle given to the ongoing issue that Dinakaran amassed wealth through illegal gratification. Caste hardly matters here. It is for Dinakaran to prove his innocence if he really is and hang all those who accused him wrongly. But do not bring in those statistics that Brahmins are dominating etc. I am not a Brahmin but I see this approach as a ruse to cover up once own perfidy and criminality than to allow justice to prevail. Justice alone shall prevail. If Brahmins are more in numbers then it behoves on you and your groups to find out why they are there if they are there legally. If they got there by sheer merit and mettle by virtue of the rights guaranteed by the constitution then you should not be complaining and rather you should ask them to guide you as to how to reach up there like them. Instead of working hard to get in there through honest means you are crying wolf by playing caste card. That’s exactly the undoing of India. Caste politics in offices promoted by caste groups headed by people like you armed with inane statistics has become the norm to harm all. How someone accused of corruption can be a chief justice? Incidentally the CJof India himself is a dalit and do you think that he too is biased. If Diankaran is innocent he should trust the law he is practicing and come out clean. But do not play this cheap caste politics in this forum at least. Nothing is more unequal than treating unequals as equals SANDILYA CHENNAI, INDIA SEP 26, 2009 10:46 AM 30 >> my family in the distant past had the patronage of such people-we were not allways treated as equals but fairly as subjects of the empire. GAYATRI DEVI Lalit, Not treating us equals in administrative/political matters is the major fault line of the colonial rule which otherwise treated us equals with the Europeans in such matters as law and terms of pay for civil servants!! An Indian ICS drew the same quantum of salary as a European officer on the orders of Royal Commission on Public services in India. As you have said, by virtue of their education in Oxbridge universities we had great administrators who were enlightened , knowledgeable and mostly compassionate except for few racial bigots here and there. The honesty of ICS cadre was legendary to attract some to write books on how they could be so honest with such powers as they had in their hands? The present IAS is a parody of the legendary ICS in administrative acumen, courage and commitment and not the least- Honesty. Just as we in India are a conglomerate of various linguistic groups living together as single nation, the empire too could have been a conglomerate of nations/dominions if only the Brits accepted the principle all nationals in British Common Wealth as equals for electoral/political purposes. I mean it should have been possible for a Man Mohan Singh or a Nigerian to become the PM of UK, electorally. But the Brits were very much concerned or frightened at the prospect of aliens ruling them. They rather chose to preserve their identity and that small island and said goodbye to their colonies. While the empire takes care of, there would not have been security concerns we face now to allow us focus to pure social development. SANDILYA CHENNAI, INDIA SEP 26, 2009 09:51 AM 29 THE FRAUD OF THE BRAHMINISTS TO WHICH THE LIKES OF THE RSS AND ITS WORLWIDE BRAHMIN SYMPATHIZERS BELONG TO : ALL THE BELOW ARE REALISTIC FACTS AND DO NOT BELONG TO ONES REALM OF FIGMENT OF IMAGINATION ( ONE CAN GOOGLE AND VERIFY THESE FACTS ). The controversy over Dinankaran's caste began last week when former law minister Shanti Bhushan told reporters that Dinakaran was being promoted because he's a Dalit. Since then, he has revised his stand to, "Caste is not a factor, corruption is." In Tamil Nadu, Dalit lawyers have protested on the streets in favour of Dinakaran. FACTS AND FIGURES OF THE BRAHMINISTS OF INDIA: The Brahmins (3.5% of "Hindus") alone control over 70% of the top decision-making posts in the political system, administration, judiciary, army, police, press, media and academics (Statistics on composition from 1935 and 1985 have been published by Indian Journalist and Historian Kushwant Singh). For example, in 1935, the 3.5% Brahmin caste group held around 4% of the gazetted positions among Indians in the upper echelons of the administrative machinery. By 1985, one finds that out of 3,300 Indian Administrative Officers (IAS), 2,376 are Brahmins; from the rank of deputy secretaries upwards, out of 500, 310 are Brahmins; of the 26 state chief secretaries, 19 are Brahmins; of the 16 Supreme Court judges, 9 are Brahmins; of 438 district magistrates, 250 are Brahmins; and so on in other circles of power and policy in the Indian state. Adding the remaining Brahmanical castes (Banias, Kayasths), the state power of the Brahmanists jumps from 70% to almost 95%. The facts show that Brahmanists control the top positions in India's political system, administrative system, judiciary, press, media, army, etc. - and hence the actions and policies of the Government of India (GOI). Intriguingly, the Brahmanists did not control/rule even ONE singleRajdhani/administration/army in any country of southasia prior to British Raj in the 19th century. B PRABHU MANGALORE, INDIA SEP 26, 2009 01:24 AM 28 dr s well written, and we can be proud of such ancestors as yours. if some indians were like your grand fathers and mine, then there is hope for the future. cheer up-never say die. GAYATRI DEVI DELHI, INDIA SEP 26, 2009 01:06 AM 27 L:>>"india was ruled better by the indian civil service guys then ever since. the principle is as enunciated by the greek philosopher plato - the rulers should be clever, moral and courageous" quite true. the brit officers in india were keen on getting a good name for their mother-country, England, by providing an honest and progressive and purposeful administration to the people, whom they ruled over in india, not keen on accumulating fortunes to go back and spend in england, but for rare exceptions. my own grandpas, both paternal and maternal, were the first generation indians to benefit by english education in the first ever colleges started, at palghat and kumbakonam in deep south, both ended as lawyers, highly committed to justice as per law. my pat-gr-pa became the diwan of a small princely state called siva-ganga, highly appreciated for efficient and people-friendly admn by brits themselves, spent all his earnings for peoples' welfare only, left his offspring relatively poor when he died. My mat-gr-pa retired as subjudge, died soon after. some of his astute judgements in cases, even appreciated and commended by the privy council in london, on reviews. It is sad to look at the state of law, justice, police and poltics, in our country. I do not know why MMS cant take up the long overdue police reforms, in earnest, to start with. Lawyers from UK and USA should also be allowed to practice in our higher courts, to improve and raise the standards of accountability of our justice system to international standards.. political executive interfering in the administration of justice and law and order, releasing prisoners on long sentences prematurely, for honoring political leaders, should be stopped by the supreme court, as deemed contempts on the courts sentencing them. when they come out and kill some local families, can the CM revive the dead, by prayers to his honoured anna or periar? In my opinion, no prisoners should be just released and let off with no funds for sustenance; they will be forced to do crime again for meeting their hunger needs. perhaps, they should be kept as handi-folk serving the prison itself in various ways, paid for it also, until they can really settle down, in sound economics, in some jobs with lodging, or with some relatives. clear separation of the executive [1] from the legislature[2], judiciary[3], and policing [4] and clear avoidance of political interference from health[5] and education/research[6], as also the various religious affairs and arts/philo-domains associated with them[7], is essential for the smooth run of a democracy with proper checks and balances. 'sapta-aSwee syaat raashTra-rathah!' is what I have written as title for a poem on raajya-vidyaa as part of dharma-vidyaa. Any good nation must be run like a chariot drawn by seven independant horses, like the chariot of the sun-god, as described by our devo-literature, to indicate the seven colours into which the sun's light splits on refration. If only we indians can use the wisdom of our ancients, instead of fighting for castes and creeds, langs and regions! Well, old fools can only rave and die! V.SESHADRI CHENNAI, INDIA SEP 26, 2009 12:32 AM 26 Seshadri, >> are you sure mullas do allow moslems singing 'bhaarata-bhaagya-vidhaataa!' in jana-gaNa-mana? Some mullahs may be not quite knowledgeable or sophisticated, but I don't think any of them are as idiotic and poisonous as you are. ANWAAR DALLAS, UNITED STATES SEP 26, 2009 12:08 AM 25 Seshadri, >> anti-national islamists, altho small in numbers, are a real problem to mother india. Yes they are as bad a problem as hate-spreaders like yourself. ANWAAR DALLAS, UNITED STATES SEP 26, 2009 12:04 AM 24 dr s india was ruled better by the indian civil service guys then ever since. the principle is as enunciated by the greek philosopher plato - the rulers should be clever, moral and courageous. their being from noble families , graduates of oxford and cambridge full filled the first two qualification. they were backed by people of honour,and allowed to function without fear. the ias are kicked around as chaprasis by politicians who are often inferior to them in many ways. my family in the distant past had the patronage of such people-we were not allways treated as equals but fairly as subjects of the empire. GAYATRI DEVI DELHI, INDIA SEP 25, 2009 10:32 PM 23 >>"Give representation to OBCs in judicial postings" So, it is clearly presumed that justices in india will not deliver real justice, but will only be partial to their castes only. hence the need for all castes on the bench. Shame on you, india, you should be renamed 'castia', only. Very soon, there will be demands that there must be representation for criminals on the supreme cout bench. political parties, full of criminal elements in their cadres, will demand it as a democratic right. mk released a lot of criminals as a tribute to anna on his centenary day! was anna fond of criminals? the crime rates in TN-cities are increasing. It does appear as if God has given up on this country. Submersion by the indian ocean is what india deserves, I suppose. If the law of the jungle is what prevails, it may find more peace under water than above. V.SESHADRI CHENNAI, INDIA SEP 25, 2009 09:19 PM 22 >>>>>Seshadri If caste considerations did not come into play in the below mentioned news, then what is it ? ‘Give representation to OBCs in judicial postings’ NEW DELHI: Rajya Sabha member and Parliamentary Forum of OBC MPs convener V. Hanumantha Rao has urged Union Law Minister M. Veerappa Moily to intervene in providing adequate representation to the OBCs in the judicial postings. “Otherwise the backward community will be subjected to frustration, disappointment and mental agony,” he said in a letter to Mr. Moily. The appointments to the higher judiciary were not made in accordance with the United Progressive Alliance government’s social justice policy, he added. Mr. Rao pointed out that recently the Andhra Pradesh High Court had recommended four names for appointment as judges and none of them belonged to OBC, SC, ST or women though many candidates had the eligibility and merit for appointment to the post, he said. B PRABHU MANGALORE, INDIA SEP 25, 2009 05:43 PM 21 A:>>"those who do not sing it have a religious reason for not doing so, but do sing Jana mana gana like everybody else" are you sure mullas do allow moslems singing 'bhaarata-bhaagya-vidhaataa!' in jana-gaNa-mana? it means stabilizer of the welfare of india. dont they insist that it should only be 'paakiya-bhaagya-vidhaataa' only, meaning 'stabilizer of welfare for pakisthan'? perhaps, while hindus say 'bhaarata', mosl might be saying 'paakiya' only. Well, let us hope the provinces of sindh and baluch and punjab, in pak, get the wisdom for early re-confederation with mother india, so that these mental problems for all indian moslems will cease. the fertile plains on the singh river will also be saved from being acquired on lease for mechanized cultivation for feeding the billionaires of saudi arabia with dozens of children, like osama's dad. Only allaakhya-parameSwara should save mother india on this matter. let us pray for the best. V.SESHADRI CHENNAI, INDIA SEP 25, 2009 03:47 PM 20 A:>>"You are a despicable person" anti-national islamists, altho small in numbers, are a real problem to mother india, really. calling me names is not going to solve it. anyway, I am sure allaahkhya-parameSwara, the lord behind all god-names among mankind, will come to the rescue of india, in His own ways. May His will be done! V.SESHADRI CHENNAI, INDIA SEP 25, 2009 03:36 PM 19 Prabhu:>>"MY PERSONAL TAKE" So, another crypto-chr is joining in, for the defence of the criminality of the dinakaran group, diverting the objections to a caste angle, also utilizing the fact that the cji is from the sc group!. It is indeed sad, that, while mom-india is suffering, her hands full with the caste conflicts of the hindus, the crooks among the convert-moneybags are adding a crminality problem to it. Anyway, perhaps, jesus-returned-into-Skanda seems to have decided to save india from such crooks. May God's will be done!. V.SESHADRI CHENNAI, INDIA SEP 25, 2009 09:52 AM 18 caste wars openly at display: MY PERSONAL TAKE ON THE CHIEF JUSTICE OF INDIA, AS WELL AS THE CHIEF JUSTICE OF KARNATAKA ISSUE HAS MAINLY A CASTE ANGLE TO IT. THE UPPER CASTES OF THE BAR COUNCIL OF INDIA AND THE BAR ASSOCIATIONS OF VARIOUS STATES CANNOT STAND A DALIT-BAHUJAN OCCUPYING THE CHAIRS OF CHIEF JUSTICES IN THE COURTS. The following news in to-days newsprint substantiates the above. ‘Stop vilification of CJI, Dinakaran’ New Delhi: The National Commission for Scheduled Castes has taken a serious view of an alleged vilification campaign launched in the print and electronic media by some anti-Dalit and casteist elements in the Bar Council of India and various State Bar Associations in the Justice P.D. Dinakaran issue. (Allegations have been made against Karnataka High Chief Justice Dinakaran, whose name has been recommended for elevation to the Supreme Court.) The Commission, in a statement, said those “who are known for having a casteiest attitude towards the increasing strength of SCs and STs in judicial services” were spreading this campaign against Chief Justice of India K.G. Balakrishnan and Justice Dinakaran. The Commission would have welcomed any step taken by the government of India to preserve and protect the honour of the CJI, the Chief Justices of the High Courts and Scheduled Caste judges serving in various courts. But it was keeping silent and this gave the media room for playing on the constitutional rights of the SCs, the statement said. “The matter is so serious that the Commission would have taken into its hand the full investigation of the case but the Commission respects the judiciary and all members of the judiciary including the SCs. "Therefore, if the tirade against the SCs in the judiciary is not stopped, the Commission would be duty-bound to take stock of the situation which has arisen from the unabashed and continuous campaign of vilification against the CJI and Justice Dinakaran.” ‘Give representation to OBCs in judicial postings’ NEW DELHI: Rajya Sabha member and Parliamentary Forum of OBC MPs convener V. Hanumantha Rao has urged Union Law Minister M. Veerappa Moily to intervene in providing adequate representation to the OBCs in the judicial postings. “Otherwise the backward community will be subjected to frustration, disappointment and mental agony,” he said in a letter to Mr. Moily. The appointments to the higher judiciary were not made in accordance with the United Progressive Alliance government’s social justice policy, he added. Mr. Rao pointed out that recently the Andhra Pradesh High Court had recommended four names for appointment as judges and none of them belonged to OBC, SC, ST or women though many candidates had the eligibility and merit for appointment to the post, he said. B PRABHU MANGALORE, INDIA SEP 25, 2009 12:39 AM 17 Seshadri, >> no hate, only concern for the guest-camel in the tent growing twice as fast as the host-arab, claiming the first right on the nation's resources, no duties at all as 'citizens' of the nation, refusing even to say 'vande maataram' to the nation. Each and every word in your post is dripping with hate. You are also a liar and a distorter. Only the most vengeful haters would distort the words of compassion of the Prime Minister, spoken in the wake of the Sachar Report discussing how the Muslims had fallen behind dalits in India. What do you mean by "no duties at all"? Muslims jawans are dying in Kashmir and other border skirmishes and are being honored with citations while you sit at your computer spreading hate and fanning the fires of acrimony all day long. Only an idiot like you would not understand the vande matram issue, which I explained to you in detail that many Muslims, including I sing it gladly, and those who do not sing it have a religious reason for not doing so, but do sing Jana mana gana like everybody else. Hate-spreaders like you are the worst ememies of the nation, focussed exclusively on the negatives, and trashing all possibilities of harmony. >> The chr and mosl, who agreed to become 'citizens' of india on indep day, do reserve the right to 'practice' their relig proliferatively to eventually dominate and destroy the others. Even Goebbels could have learned lying, distortion and hate-propaganda from you! You are a despicable person. ANWAAR DALLAS, UNITED STATES SEP 24, 2009 01:42 PM 16 A: I do understand your 'citizenship' logic. The chr and mosl, who agreed to become 'citizens' of india on indep day, do reserve the right to 'practice' their relig proliferatively to eventually dominate and destroy the others, also, in due course. Theoritically, you are right. But, the spiritual power which brought the brits to contain the moghuls and the freedom wave to send them off, will also ensure that your plans will not succeed, either in india or in europe also. perhaps aarya-varta and aarya-paaScima will join together to terminate the un-aaryan anarchists, with God's help and blessings. May His will be done! V.SESHADRI CHENNAI, INDIA SEP 24, 2009 01:40 PM 15 ANWAR,(to Seshadri), Its only the communists that pose as liberals in India.You will find both Hindus and a few Muslims in the left camp.Sanghis even if you allege them as communal is tolerable but not when called as anti nationals.But your Jihadi brothers for whom you are on this forum sympathisng with them ,trying to defend them but are known to be upright anti national as they conspire with the enemy country to create trouble here.The so called moderates and secular's are none but pseudo secular's as they are biased and partisan vested interests.For them what happened at Godhra is a non issue while what happened at Gujarat is a hot issue.Is this secularism,liberalism and moderation. VIJAY BANGALORE, INDIA SEP 24, 2009 01:32 PM 14 A:>>"hate against 150 million Indian citizens" no hate, only concern for the guest-camel in the tent growing twice as fast as the host-arab, claiming the first right on the nation's resources, no duties at all as 'citizens' of the nation, refusing even to say 'vande maataram' to the nation, vande only to mecca, despising those who say it anti-nationals for the mecca-country called caliphate! if such people are included in defence forces or crucial industries, the very existence of the nation may be compromised. The socalled liberals need to wake up, really, before it becomes too late. V.SESHADRI CHENNAI, INDIA SEP 24, 2009 12:51 PM 13 Seshadri, >> I am certainly an anti-national. Yes, because of your divisionism, and spreading hate against 150 million Indian citizens, on flimsy and arbitrary grounds. >> the jaichand, jaswant, types. Freely giving out such derogatory labels to progressive and secular Indians shows your anti-national tendencies. ANWAAR DALLAS, UNITED STATES SEP 24, 2009 12:31 PM 12 A:>>"anti-nationals like you" I am certainly an anti-national, if the nation you have in mind is india as an islamic caliphate or papian christendom. >>", but I respect moderate, secular and liberal Hindus and Muslim". yes, the jaichand, jaswant, types who will sell their motherland for a few bucks. Have a nice deal with them. V.SESHADRI CHENNAI, INDIA SEP 24, 2009 11:59 AM 11 Seshadri, >> always despise the islamists as mullahs and hindu nationalists as sanghis.... I have no respect for Islamist mullahs or sanghi anti-nationals like you, but I respect moderate, secular and liberal Hindus and Muslims. ANWAAR DALLAS, UNITED STATES SEP 24, 2009 09:15 AM 10 A:>>"my posts must be very confusing". no longer. while you always despise the islamists as mullahs and hindu nationalists as sanghis, you have no criticism at all for the church-driven concersionist missionaries. you are entitled to your views, of course. we have no rights or needs for discussing them at length. V.SESHADRI CHENNAI, INDIA SEP 24, 2009 12:34 AM 9 Seshadri, >> it is strange to see anwaar coming to the defence of the crooked church-folk criticized by me, in a post addressed to you. Clearly, he is the missionary in disguize. I have also spoken up for Hindus in Malaysia. Does that mean I am a Hindu in disguise? I have supported Dalai Lama's cause of Tibetan autonomy. Does that mean I am a Buddhist? For someone like you who spends all day in offending and despising others, my posts must be very confusing. ANWAAR DALLAS, UNITED STATES SEP 23, 2009 12:59 PM 8 K: it is strange to see anwaar coming to the defence of the crooked church-folk criticized by me, in a post addressed to you. Clearly, he is the missionary in disguize. perhaps, your are a genuine non-theist, seeking the highest truths only. if so, you can find some satisfaction in sankara's and vivekananda's advaita-vedanta. read the viveka-cooDaamani, in case you know sanskrit. kumar is name for skanda only. kalidaasa has described skanda's story in 'kumaara-sambhava'. lots of crypto-chr tend to have name kumar, subramani, velu-pillai [prabhaakaran's dad], also, unknowingly paying homage to skanda who is the spiritual in-liver in jesus Himself. I thought you are also one such. the crypto- chr bldg contracter, who led the innocent aacharya of kanchi down the dark trail to a deepavali jailing by JJ, was known as 'ravi subramaniam' only! there was also a 'subramaniam' in the death-helicopter along with ysr. ! skanda can be very harsh on those who misuse His name, altho He is, basically, only the gjnaana-devataa in the gjnnana-yoga aspects of hinduism and christianity, also. it is a pity that missionary-minded christians try to deceiptfully take sanskrit names of reverence for hindus, for themselves and their scriptures and shrines, especially in the south. jesus is called iSwar; bible the veda; church, the deva-aalaya; a virulent anti-hindu girl takes the name of arundhati, revered wife of sage vasishTa, and so on. Jesus, now that the law-of-karma is being imposed on the abrahamics also, will surely punish them micro-correctly, as He has strarted, in the case of the 'injustice'-dinakaran! incidentally, most moslems in india are of the opposite types, highly honest in giving moslem names only, even to those hindus who convert for polygamic privileges only. Actually many moslem names really make real spiritual sense on sanskritizn. mohammed = mahaamati = great mind; quran = khud-aaneeta-saama = saama veda wisdom voluntarily given to nabhi=ravan, by gabriel = naarada; na, ayam, bheetah = non-afraid = nabhi; eka-bhaah = akbhar, only source of all knowledge. alla = hara = Siva' hence only: allah ho akbhar! it would be realy good, if good and sincerely nationalist indian moslems do sanskritize their names, instead of the crooked missionaries of the anwar, arundhati type. if omar calls himself amar, or salman as solomon = saalya-maanya [praise-worthy in self-esteem]; , sharook as Saa-ruka, SaaTyam rokayati, stopper of evil; as in case of barrack obama = varaga-upamah = 'better-fare-seeker for all, exemplary'!. Alla = Siva = Christ will surely bless all the good moslems, hindus and non-missionary chr of the world. But, skanda = jesus will punish the crooked missionary type collecting land and money for bishop-welfare only! V.SESHADRI CHENNAI, INDIA SEP 23, 2009 10:12 AM 7 Among the many imponderables that have escaped scrutiny in the Indian judiciary, is corruption of the highest ( absulote power corrupts absolutely ) order. But there are many ( many many ) more imponderables, that are Not under media scrutiny. For eg., 1. The media wants to protect the judicial sins, in the false impression that it is 'improving its credibility'. It will hence not publicise questionable judgements. 2. The judiciary is NOT all that learnED, as the public is lead to imagine - neither in the fields that they judge on, NOR even in their own 'legal' field. 3. Lawyers, like the rest of the judiciary have a vested interest in prolonging the agony of the litigants and defendants, since this brings them more money. It takes minimum 17 years to get a divorce ( for a male) ! 4. The judiciary is the only body that takes a whole summer off - inspite of the enormous backlog of cases 5. The judiciary is UNACCOUNTABLE. And a corrupt political system is hardly the right body to set things right , in a system of 'You scratch My back; I scratch Yours!' The judiciary is protected against any questioning, by laws. 6. The judiciary, like the police and the media is ANDROPHOBIC. Even when it is obvious that the arrests are a harassment, based on falsehoods, or encounters are false, the judicial system, backed by an misled media, turns a blind eye. Even taking the problem of corruption alone, Justice Dinakaran is one of the RARE ones to have fallen on the wrong side of the mainstream media. Most judges own vast properties and 'unaccounted' wealth even by the time they are junior judges! Justice Dinakaran is just the tip of the corruption iceberg. PARTHA PERSISTENT SPAMMER CHENNAI, INDIA SEP 23, 2009 02:14 AM 6 Seshadri, >> it is pity that the crooked christians in the country bring disgrace to the sun-god 'soorya-naarayaNa' by giving themselves names after Him: dinakaran, ltte prabhaakaran, ravi .... What a stupid and hateful post! ANWAAR DALLAS, UNITED STATES SEP 22, 2009 07:38 PM 5 K: it is pity that the crooked christians in the country bring disgrace to the sun-god 'soorya-naarayaNa' by giving themselves names after Him: dinakaran, ltte prabhaakaran, ravi, prakash, soorya etc. varghese = vaara-ka-eeSa, day-maker god = sun, only. In germany, chtristmas is called sonnen-wnde, turn of the sun, the date following the turn of the sun northwrds after reaching the southmost on 23rd dec each yr. There is a tradition that christ-worship substituted sun-worship in europe. Italy = aadityaalaya. Rome = raama-puri only, raama was born in soorya-vamSa only. It is funny that you chriistians consider hindus despisively as 'pagans' !. when I was in germany, I noticed in the cllendar there that the half-moon day we call krishNashTami isc marked out as the date for the 'ascent of mary', cosmomom going up! well, on krisnashTami ngt, cosmomom born asc dtr to yasoda was brought to kamsa's prison in exchange for babe-Kr born to devaki. when, kama tries to kill the cosmo-mom baby, She simply ascends into heaven, telling him Kr born is elsewhere to kill him soon!. So, mary mom of christ is sister maaya of krishNa in hinduism, only! but, for you, hindus are only despicable pagans, with no higher values for highrst truth etc.! you are welcome to your views, of course. V.SESHADRI CHENNAI, INDIA SEP 22, 2009 07:16 PM 4 K: Perhaps, this dinakaran and his christian family are related to the late evangelist dinakaran and his son, probably, running the kaaruNya unstitute in coimbatore. The CJI may take action to stall his promotion to the supreme court. but, sonia-raj is only likely to support him only. Anyway, this development seems to be one more event, to sustain my feelings that the law of karma is nowadays applicable to christians also. May God's will be done! V.SESHADRI CHENNAI, INDIA SEP 22, 2009 06:57 PM 3 Sounds like the best profession to mint money. Even corrupt politicians have to fight elections, and stay only for five years even of they win! PARTHA PERSISTENT SPAMMER CHENNAI, INDIA SEP 21, 2009 10:07 AM 2 Nice humorous ending: "The Supreme Court enjoys its powers because of the immense faith reposed by our people. " Another thing that the higher judiciary has made joke of itself is PIL (Public Interest Litigation). Correct name should be Political Interest Litigation. There are so many that I am wondering when they get time to do what they are paid for - delivering justice. Politicking is so appealing that even their corrupt ways have no match. RAJESH PHOENIX, UNITED STATES SEP 18, 2009 08:15 PM 1 What does it really say about the system of appointing and monitoring judges that it took so many years for this to light and that too, when the guy is on the verge of getting admitted to the highest court of the land!! Courts do not manufacture justice, they just dispense them. Judiciary is supposed to check the excesses of executive and that is actually the only peaceful option for a law abiding citizen in a democracy. After that, the only recourse left is agitation and eventually armed resistance. Justice and morality are ingrained in human psyche. If the system does not deliver them, the system discredits itself as it is based on faith and morality and not, as some think, on brute force. If it loses these, people will search for other options. Coming back to immediate question at hand, was the Supreme court really in a coma all these years. It is passing judgments on executive but it cannot keep tab on its own higher judiciary, much less the lower judiciary where reports of corruption are now endemic. This is the last stage of the cancer in a nation’s life when the judiciary itself start to get infected. After this, only deluge. JUDICIAL ACCOUNTABILITY APPEAL NO.1 From , Forum for Judicial Accountability Room No 2, I Floor, 45 Armenian Street, Chennai - 600001 9th September, 2009 To Hon’ble Mr.Justice K.G. Balakrishnan, The Chief Justice of India, Hon’ble Mr.Justice B.N. Agarwal, Hon’ble Mr. Justice S.H. Kapadia, Hon’ble Mr.Justice Tarun Chatterjee, Hon’ble Mr. Justice Altamas Kabir, Supreme Court of India, New Delhi. Sirs, Sub: Representation against Mr. Justice P.D.Dinakaran, Chief Justice, Karnataka High Court -- amassing of huge assets, corruption and serious irregularities. As per newspaper reports (Hindu, dated 28th August 2009) Mr. Justice P.D. Dinakaran, presently Chief Justice of the Karnataka High Court, has been recommended by the collegium of the Supreme Court to be appointed as a Judge of the Supreme Court. The said Judge was a Judge of the Madras High Court between 19.12.1996 to 06.08.2008. We, the members of the Bar of the Madras High Court are greatly perturbed by the news of his possible elevation to the Apex Court, in view of disturbing reports that are strong pointers to abuse of office and lack of probity by Mr. Justice P.D. Dinakaran. We bring to your notice several aspects concerning the Judge including (1) huge rural land holdings, illegal appropriation of Government and public land amounting to land-grabbing, illegal constructions, ownership of urban properties, (2) certain inappropriate and startling judicial orders and (3) conduct raising issues of gross impropriety and lack of probity. We feel the materials given below call for a detailed investigation before taking up his case for appointment as a Judge of the highest Court. The following are the issues of deep concern: I. Amassing Wealth and Appropriation of Public Property RURAL PROPERTY It is common knowledge in the Bar at Madras that the Judge has acquired vast extents of lands, near his hometown of Arakkonam, Vellore District and in Tiruvallur District, Tamil Nadu. The acquisition started before his appointment as a judge of the Madras High Court and is reported to have increased manifold during his tenure as a judge. All these land holdings in the villages are beyond the ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as per which a family of five persons can possess not more than 15 standard acres of land. However, more shocking is the unbecoming conduct of the judge in encroaching upon Government lands and public property meant for the villagers, amounting to land-grabbing and depriving the poor of their resources and livelihood. 1. LANDS IN KAVERIRAJAPURAM VILLAGE (440 Acres) (a) In the villages of Kaverirajapuram, Tiruttani Taluk, Tiruvallur District, Anaipakkam, Arakkonam Taluk, Vellore District and Mulvoy, Arakknonam Taluk, Vellore District, the extent of lands possessed by the Judge is approximately 500 acres. Most of the property is in Kaverirajapuram, a village whose population predominantly consists of dalits, Irulas (scheduled tribe), and most backward classes like Naidus and Boyars and others. The total extent of the village is about 1700 acres. Annexed to this petition are: (i) A map showing the details of land held and owned by the Judge and his family members; and public and Government lands occupied by him, and (ii) Extracts from village ‘A’ Register which provides the classification of land of the relevant survey numbers in the judge’s occupation, from reliable sources. The current ‘A’ register reflecting transfer of Patta is not accessible. (iii) Photographs showing the naming of the village road leading to his lands which is in Tamil and reads as “Emperor of Justice P.D. Dinakaran Road, Kaverirajapuram” (translation in English) and the fencing of the land. (iv) Extracts of Revenue Standing Orders on Assignment of Land. (b) In all, the judge is in possession of approximately 440 Acres in Kaverirajapuram Village alone, almost one fourth of the village. Out of this 440 acres: (i) 310.33 acres are ‘patta’ lands owned by the Judge and his family (In his name, his wife Dr.Vinodini’s name, his two daughters – Amudha Porkodi & Amirthra Porkodi, one Cannan and another person, the latter two are reported to be his close relatives). (ii) About 41.27 acres is public land classified as Government poramboke, eri (lake, stream) and other water bodies, pathway and Tamarind Grove. (iii) About 88.33 acres are classified as Government ‘Anadhinam’ lands (which can be allotted only to landless poor as per Board Standing Orders of the Tamil Nadu Government). 2. STARTLING MODUS OPERANDI i) Reports are that the patta lands originally belonged to backward and most backward classes. The purchase of lands seems to have started before his appointment as a judge and continued there after. ii) Patta lands have been bought in the name of the judge, his wife Dr. Vinodini, his unmarried daughters Amudha Porkodi and Amirtha Porkodi, one Cannan and another person, the latter two are reported to be close relatives. Daughter Amudha Porkodi got married recently on 15.12.2008. iii) Vast extents of Government ‘poromboke’ lands, Government Anadhinam lands, waterbodies like lakes, canals, streams, common village pathways and an ancient mud fortress abutting his patta lands were progressively encroached upon. iv) The villagers were then prevented access to these common property resources. Nearly 600 families of dalits and landless poor in the village are reported to have sought distribution of Government poramboke and Anandhinam lands to them as per G.O.(Ms) No.241 dated 12.09.2006 issued by the State Government. They are yet to receive the assignment. v) Immediately thereafter, these common /government lands were fenced in by the judge. There is every possibility that after this representation the fence around the encroached areas may be removed. But as on today, the fence exists around the Government lands and village common resources and we write this after some of us personally inspected the fence and the relevant records and maps. The fact remains that the common village lands near the judge’s property are out of bounds for the villagers. Enquiry reveals that the local police is used to prevent access to the area. iv) The Government Anadhinam lands are meant to be assigned only to landless poor for small holdings and personal cultivation as per Standing Orders of the Board of Revenue, Tamil Nadu Government. v) The Government poramboke lands also are meant for common enjoyment of the villagers and cannot be occupied by any individual. Under a recent Scheme of the State Government, they can be distributed to the landless poor. vi) The water-bodies too are meant only for common enjoyment of the villagers. vii) By erecting a fence the judge has deprived the local villagers access to common property resources of the village, on which many of them depend for their livelihood. viii) The villagers are not able to have access to the water bodies and due to extensive use of water for the judge’s farm where there are huge fruit orchards and other cultivations, the water source for the village has got depleted. Large bore wells/ open wells are said to have been dug inside the farm. ix) It is reported that the entire village administration and government machinery has been exploited to provide facilities and free labour for the judge’s property. It is reliably learnt that the judge is attempting to manipulate revenue records to obtain pattas for the public and government lands in his occupation. x) It is an open secret in legal circles that the judicial officers and staff of the judiciary are often asked to supervise and facilitate the maintenance and upkeep of the farm. xi) We have specific reports that anyone who seeks any information like Survey Numbers and extent regarding even the village common lands and Government lands is intimidated and not provided the information. Villagers are under mortal fear in this regard. xii) Even the village road that leads to the property has been named as ‘Neethi Arasar P.D. Dinakaran Saalai’’. (“Emperor of Justice, P.D. Dinakaran road” ) 3. LANDS IN POOVALAI VILLAGE The judge is also reported to possess more than 50 acres of lands with mango orchards in Poovalai Village, Gummidipoondi Taluk, Vellore District, Tamil Nadu. He has been seen visiting the orchard periodically. 4. LAND VALUE The market value of these properties are in the range of about 20-25 lakhs per acre. It appears that the land holding is of an extent of approximately 550 acres. It needs to be ascertained whether the judge has filed returns before the Tax authorities in respect of these properties. It also needs to be verified if these disclosures of these assets has been made, and updated, as per the 1997 Resolution regarding Declaration of Judge’s assets. *** URBAN PROPERTY i) On the plot bearing Door No.28, East Park Road(junction of Pulla Avenue and East Park street), Shenoy Nagar, Chennai – 600 030 allegedly owned by the Judge, a office/commercial construction has been put up consisting of stilt + 5 floors, making it a multi storeyed building under the Development Control Rules. Having regard to the dimensions of the plot, fire safety requirements, etc., under the Development Control Rules, construction of such a multi-storeyed building is illegal. This is a newly constructed building and he was frequently observed at the site to check the construction. ii) The Judge has been observed a number of times to be supervising the construction of a building at J – 81, I Main Road, Anna Nagar East, Chennai – 600 102. His involvement in this immovable property and source of funding needs to be ascertained. iii) In Arakkonam Town, the residential building ‘Anbagam’ (a residential building said to be owned by Mr.Justice P.D.Dinakaran) was recently renovated. It reportedly encroaches on the main road by 10 feet. *** II. INAPPROPRIATE JUDICIAL ORDERS IN CERTAIN CASES A. JUDGMENT IN BINNY LTD. Binny Ltd. was a BIFR company but subsequently came out of it. It had extremely valuable immovable properties situated in the heart of the city. These were directed to be auctioned by Justice Dinakaran at 35% of the guideline value. Approximately 1,260 grounds of land (about 70 acres) situated in Perambur was sold to SSI Ltd. for just Rs.66 crores. At that time, the guideline value was almost Rs.180 crores and the actual market value was even higher. The promoters of SSI Ltd. who had purchased the land from Binny Ltd. were subsequently involved in extensive rigging of their shares. The assessments of these promoters were reopened under Sec.148, Income Tax Act, 1961. It is reported that the demand was to the tune of more than Rs. 52 crores. Six writ petitions were filed challenging the reopening of the assessment under Sec.148. The Writ Petitions were heard by Justice P.D. Dinakaran. The judgment is reported in 279 ITR 679. Justice P.D. Dinakaran falsely stated that a “concession” was made by the Counsel for the Income Tax Department. This was objected to by the Counsel after receiving the copy of the Order. Justice P.D.Dinakaran promised to expunge those sentences that referred to the alleged concession but this was not done. Last week, the Writ Appeals filed by the Department against this Order have been allowed by the Division Bench presided by Justice F.M.Ibrahim Kalifullah. The Standing Counsel for the Income Tax Department offered to file an Affidavit stating that she never conceded and also referred to the oral representation to Justice P.D.Dinakaran. The Division Bench has allowed the six Writ Appeals by imposing costs of Rs.10,000/- each. B. On 18-03-2009, the Times of India, Bangalore edition, carried the following report : CJ leads speedy disposal of bail BANGALORE: In a special drive to prevent pendency of cases, the High Court on Tuesday disposed of numerous bail applications out of around 300 petitions in a record time. Each bail plea was dealt with in about 30 seconds. Chief Justice, P.D. Dinakaran himself disposed of 46 cases in 20 minutes by granting bail (some conditional) in all of them. The rapid fire sequence went something like this :- What is the charge (section)? What stage is the trial? Completed or not? Chargesheet has been filed? Final report submitted. Bail granted. The cases were marginal and some pertain to charges of rape, theft, murder and dacoity including Vasanth Salian, accused in Chemmanur Jewellers dacoity case. The Chief Justice and five judges heard these cases between 4 and 4.45 p.m.” The members of the Bangalore Bar state that while minor cases were allocated to the other Judges, the ones posted before Chief Justice P.D.Dinakaran included cases of persons charged with serious crimes under the Indian Penal Code and also those who had serious cases filed against them by the Enforcement Department. Bail was granted in all these cases. It is further stated that this was a one-time disposal drive. This matter needs to be investigated to ascertain the names of the accused and the gravity of the offences. C. Another matter of concern raised by the Bangalore Bar pertains to cases of illegal mining filed against several influential persons. These were transferred from the Dharwad Circuit Bench which was hearing these matters to the Chief Justice’s Bench. D. Yet another matter related to the mining lobby which wanted to acquire 540 acres of forest land. The State Government had granted leases in respect of 380 acres of forest land. This was set aside by a Single Judge of the High Court who pointed out several illegalities on the part of the State Government including that some applicants had filed applications after the date of the opening of the tender. The Writ Appeal Order passed by Chief Justice P.D. Dinakaran granted licenses to all the applicants and even increased the area allotted over and above what was granted by the Government. The issues pointed out by the Single Judge were not dealt with. This is a matter which has greatly agitated the Bangalore Bar. III. Number Plate of Chief Justice P.D. Dinakaran’s Car – Contrary to Motor Vehicles Act Chief Justice P.D.Dinakaran, known to misuse office to exhibit pomp and grandeur, had the number plate of his official car (KA-03-GA-5767) done up in red background with gold embossed letters. This is permitted under the Motor Vehicles Rules only for the President of India and State Governors. Even the Prime Minister and the Chief Justice of India cannot use such a number plate. There were adverse news reports in leading newspapers on this issue. (Mid-Day dated 29.06.2009). *** Our Appeal We are greatly saddened that we are forced to impugn the conduct of a holder of high judicial office; we are doing so only in the larger interests of the institution of the judiciary which is sacred and since the increasing reports against the judge have assumed alarming proportions. Conscious of our responsibility not to lightly bring any judge to disrepute, we have exercised due diligence to verify the allegations to the best of the means available to us, including visits to some of the concerned properties. However as private citizens and members of the Bar we have severe limitations to call for information and to investigate these matters. In fact there are reports against Mr. Justice P.D. Dinakaran of irregular acquisition of properties elsewhere, permitting illegal appointments, favouritism and other improprieties in the discharge of judicial and administrative functions as a judge of the High Court. The information we have gathered so far is reliable and does not permit us to let it pass without calling for urgent attention and appropriate action by the Supreme Court and other Constitutional functionaries. We also wish to convey the fear expressed by the villagers in Kaverirajapuram, all of whom are greatly apprehensive of the severe reprisals and consequences if they speak out. In fact, after speaking to them we ourselves are greatly anxious for their safety. It also is evident that the entire administrative machinery has been intimidated by the judge, as no official is willing to respond to any queries regarding the village properties, including innocuous questions like details about government lands. The allegations set out above are strongly suggestive of abuse of office and corruption amounting to grave judicial misconduct. As the matter involves the Head of the State Judiciary in Karnataka, it is one of immense gravity and calls for immediate investigation and action. When a judge’s reputation is clouded in such adverse reports, his elevation to the highest Court of our country portends grave consequences for the judiciary itself. This case also exposes the shortcomings of the present procedure adopted for choosing judges for appointment to the higher judiciary and underscores the urgent need to put in place a Judicial Commission which will have a more democratic and transparent functioning to enable the choice of persons of impeccable integrity and calibre to dispense justice. We, as responsible members of the Bar, duty bound to safeguard the independence of the Judiciary, feel impelled in these circumstances to request you (i) not to appoint Mr.Justice P.D. Dinakaran as judge of the Supreme Court of India; and (ii) initiate a thorough enquiry into all the allegations against Mr.Justice P.D.Dinakaran, Chief Justice of Karnataka High Court and take appropriate action thereafter. We request you to act on our representation in public interest, as otherwise the confidence of the public in the majesty of law will be shaken. Yours truly R. Vaigai, Sriram Panchu, K.R. Tamizhmani, Anna Mathew, S.S. Vasudevan, Geetha Ramaseshan, Sudha Ramalingam, N.L. Rajah, D. Nagasaila, S. Devikarani, T. Mohan *** Details of land holdings of Justice P.D.Dinakaran at kaverirajapuram village, Tiruttani Taluk, Tiruvallur district, Tamil Nadu *** 7th September, 2009 To Hon’ble Mr.Justice K.G. Balakrishnan The Chief Justice of India Hon’ble Mr.Justice B.N. Agarwal Hon’ble Mr.Justice S.H. Kapadia Hon’ble Mr.Justice Tarun Chatterjee Hon’ble Mr. Justice Altamas Kabir Supreme Court of India, New Delhi. Sirs, We are heartened by the decision of the Hon’ble Supreme Court of India to make available for public scrutiny the declarations of assets of the judges of the Court. As eminent jurists and other Constitutional functionaries have pointed out, such transparency only enhances the stature of the judiciary. The High Courts have begun to follow the lead given by the Supreme Court. The Supreme Court has now approved the names of five judges for being appointed to the Supreme Court, and some judges for appointment as Chief Justices of High Courts. Since these appointments would be the first ones after the historic decision of the Supreme Court judges to declare their assets publicly, it would only be in the fitness of things to maintain the same high principle and require that the assets of the prospective appointees to the higher judiciary should be in the public domain before these appointments are cleared. Such a course of action would demonstrate that the judiciary is fully committed to transparency, and erase any residual apprehensions in the public mind. We, therefore request the Supreme Court to require that all prospective appointments to the Supreme Court and the High Courts including those recommended recently (Hindu dt.28th and 29th August 2009) should be cleared only after the proposed appointees make a declaration of their assets in public. Yours faithfully, R. Vaigai Sriram Panchu, Senior Advocate K.R. Tamizhmani Anna Mathew S.S. Vasudevan Geetha Ramaseshan Sudha Ramalingam N.L. Rajah D. Nagasaila S. Devikarani T. Mohan CRIMES COMMITTED BY LAW COURTS IN INDIA - An appeal to honourable supreme court of india Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become factories turning out hardened criminals. Say , a person was caught by police on suspicion of pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months. Taking the same example further, say the court finds the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his. As per law, no body not even the courts of law are legally empowered to punish anybody beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ? The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can'nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years. Say, a rich industrialist is accused of rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000. Considering the above examples it is quite clear the bail amount, fine amount are peanuts for the rich just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail. Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from health problems , many are dying due to lack of proper health care & food in the prisons. Whereas , the rich & mighty prisoners , by payting bribe get non-veg , alchoholic drinks from outside restaurants daily. They even secure drugs . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals. The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty. For the purposes of evidences , filing of cases one needs various government records. The concerned officials don't provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ? Nowadays , numerous cases of irregularities , charges of corruption against judges are coming to light. However , in such cases judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ? In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before them. However , in all such cases , the lower court judges must be punished for giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction of cases goes in appeal to higher courts, as in majority of cases the poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided. In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge's chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public and the public cann't even ascertain the validity of tapes , whether it is edited , doctored . One of the basic reasons for delayed justice & worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments and finally low amount of financial grants made by the government to judicial department / police department. The government states that it doesn't have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI , is one of either parties in 75% of cases before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings. The government has got money to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc. We have utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk. Indian judiciary's contempt for accountability and scrutiny is a shame The Delhi High Court on September 21, 2007 sentenced the editor, the resident editor, the publisher and the cartoonist of English daily Mid-Day guilty in a contempt of court case. The charge against the convicted journalists was that they published a report and a cartoon concerning the former Chief Justice of India, Mr. Y.K. Sabharwal. The report and the cartoon were published after Mr. Sabharwal retired from service. The report, relying upon documentary evidence, alleged that the judge's two sons Mr. Chetan and Mr. Nitin had made material benefits out of their father's position in the Indian judiciary as a senior judge and also as the Chief Justice of the country. The report alleged that the judge's sons managed their business from their father's official residence at 6 Moti Lal Nehru Marg, New Delhi. The report further alleged that the Chetan and Nitin also availed huge loans from a nationalised bank in favour of their business concerns without providing adequate collateral security. There were also allegations that the judge's two sons were allotted prime land by the Uttar Pradesh state government with heavy price concessions, an act which was under investigation. The investigation was however stayed later by the Supreme Court. The Supreme Court of India is known for using the constitutional mandate and authority to initiate actions of public interest. The court in the past has even taken note of newspaper reports to initiate suo motu actions against suspected breach of law and misuse of office by public servants. This earnestness and enthusiasm has not been thus far reflected in the Indian courts' approach against scrutinising the activities of the courts and its judges. On the contrary, the Indian courts have been very parochial in its approach in facing criticism. Earlier this year, the Supreme Court of India had forced Mr. Vijay Shekhar, a journalist with a television news channel, who exposed the caucus of a corrupt magistrate, his court staff and some lawyers in Gujarat state in the "Warrants for Cash" scam to apologise to the court or to face a term in jail for contempt of court. The court staff and the lawyers were caught on camera negotiating and accepting bribe for the magistrate for issuing arrest warrants. In the episode which was telecast nationwide, the magistrate after accepting bribes, issued arrest warrants on false charges against the President of India and the Chief Justice of the Supreme Court. The Supreme Court took up the matter and directed the Gujarat High Court to initiate an internal enquiry against the concerned judicial officer and his staff. The judge was however absolved by the Gujarat High Court without examining the complainants. Thereafter, the Supreme Court of India condemned the journalist who had carried out this operation and threatened to send him to jail for contempt unless he apologised. The conviction and sentencing of journalists of Mid-Day for publishing information about the conduct of Mr. Sabharwal has brought to the fore the issue of judicial accountability. The Indian judiciary is one of the most powerful judiciaries of the world. The conduct of the judiciary has a direct impact upon the life of the ordinary people of the country. It is imperative in these circumstances that a state institution of such high powers must be transparent and accountable for its actions. The courts in India have however consistently avoided calls for accountability despite there being many instances of serious allegations of misconduct and misdemeanour. At one time Justice S. P. Bharucha, former Chief Justice of India, admitted that about 20 percent of the higher judiciary in India is corrupt. According to Justice Michael Saldahna of the Karnataka High Court it is 33 per cent. Despite there being such admissions, no enquiry has ever been initiated against any judge for past 15 years. Under the Constitution of India, the only way to remove a judge from the High Court or the Supreme Court is by way of impeachment. This constitutional provision has failed miserably. Its ineffectiveness was clearly demonstrated in the case of Justice V. Ramaswami. At the same time, despite verbal homilies, the courts and judges have been the most reluctant to evolve even a self-monitoring mechanism for accountability. Such a situation has caused enormous arrogance and abuse of power. This is reflected in the procedure adopted for appointment of judges in the higher judiciary as well. Even though the appointment is made by the President of India, the selection is made by the collegium of judges. The selection process is non-transparent and all attempts to make the process transparent have been resisted by the judiciary thus far. Demanding judicial accountability has almost certainly caused initiation of contempt proceedings, thereby, stifling of free discussion on the issues plaguing the judiciary in India. Unwarranted use of contempt of court proceedings in fact diminishes the public perception about the judiciary's openness and transparency, of which the case against the Mid-Day publishing house is the latest. There are judicial systems within Asia which are considered to be failed beyond the point of recovery. Of this, the most glaring example is the judiciary in Sri Lanka, which is now facing criticism on all counts including politicisation of the judiciary to meet the ends of a corrupt Chief Justice. The Chief Justice of Sri Lanka, an infamous figure in the country, is feared for abusing contempt of court proceedings against anyone who opposes his questionable actions. The Supreme Court of Sri Lanka has now stooped down to a stage where public perception about the impartiality of the court and its competency to decide matters on merits is at an all time low. As a result the general public views the courts in Sri Lanka as a failed state apparatus which in fact adds to the decades long ethnic conflict in that country. The term democracy implies the notion that the people are supreme. All state institutions, whether it be the judiciary, legislature or the executive are merely the servants of the people. The basic principle behind the contempt of court proceedings is that the use of this authority by the court must be only in circumstances where otherwise the functioning of the court is impossible or obstructed. In India under the Contempt of Courts Act, 1971, the term 'contempt' is not defined. Therefore if any person makes adverse comments against the court or a judge, the power to punish for "scandalising the court…" is frequently invoked. This approach is considered obscure in most established jurisdictions. The contempt of court action must not be an attempt to protect the dignity of the court, but to promote the administration of justice. The dignity of the court is promoted by the court being humble enough to face criticism, whereas promotion of justice is to be carried out by removing all hindrances in the delivery of justice. By the unrestrained use of contempt of court actions the courts in India are in fact derogating from their duty to safeguard the Constitution of the country, which also guarantees freedom of speech and expression in Article 19 (1). The honour of the judge and the judiciary - a state institution through which a judge is supposed to serve the people - is promoted and protected by the openness of the judge and the judiciary to face any criticism. Intolerance to scrutiny and lack of openness equates the judge and the judiciary with a dictator. At this pace the Indian judiciary once known for its eloquence and its contribution to the advancement of free thought and expression will soon be reduced to an egotistical institution. Such a judiciary is definitely not what modern India aspires for. India as of today requires a transparent, accountable and sensitive judiciary. The imperatives for the judiciary in India are obvious. It has a duty to protect, promote and fulfil the Constitutional guarantees. The judiciary must be open and transparent with a clear conscience that it is not beyond criticism. For this, it must be accountable to the people, which it is bound to serve. The judiciary in India is the last hope of a fragmented society, which when fails to respect its responsibilities, will soon bring insurmountable peril to the country and its people. Crimes Chief Justice of Supreme Court Of India , Union Home Secretary & Director-General of Police for Karnataka - RTI Act violations , constitutional rights & Human rights violations The above stated public servants have failed to provide full information to us ie HRW as per RTI Act , thereby covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise of my FUNDAMENTAL DUTY as a citizen of India. However the above stated public servants preferred to violate law themselves & to protect the criminals. 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 apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM. FAILURE OF INDIAN LEGAL SYSTEM SALUTES TO KARGIL MARTYRS , NSG COMMANDOS & MUMBAI POLICE We express our deep condolences to the victims of 27/11/08 mumbai terrorist attacks. We at e-voice salute our NSG Commondos & Mumbai police for teaching the external enemies a befitting lesson and protecting our motherland from the external enemies. We pay our whole hearted respects to the martyrs , who laid down their lives , in the course of protecting our people & country from the clutches of terrorists. At this juncture , we must also remember our kargil martyrs of Indian military who sacrificed their lives protecting our motherland – INDIA from enemies. India equally faces greater threat from internal enemies – corrupt public servants ( who are deadlier than pak terrorists). These corrupt public servants sell everything , motherland , for money , for bribe. Mumbai terrorists killed 200 people , where as a fake drugs manufacturer kills thousands of people by selling fake drugs / fake medicines. Drugs control department officials lets off many such such fake drugs manufacturers , in turn killing thousands of innocents. The number of end victims are huge than any terrorist attacks. This is just one instance , in this way corrupt public servants of various departments compromise with their official duties & murder scores of innocents. The corrupt public servants network , is oiled far better than italy's mafia. Common man doesn't get justice , even if he complains to higher officials , vigilance authorities or even court of law. As the bribe booty reaches higher-ups & political bosses.. thus black money is created. The huge profits earned / black money created by criminal industrialists / entrepreneurs , finds it's way to money laundering heavens. Thus our economy is crippled , public exchequer deprived of it's dues. The money thus laundered feeds terrorist outfits , underworld dons , in their criminal deeds. Now , underworld / terrorist outfits are involved in huge real estate business , film production / distribution , film piracy business , etc , to reap more illegal profits out of illegal money. This shakes upside down our government's fiscal policies. Corruption in india has taken root & ever growing , due to the failure of indian legal system. Right from the stage of complaint registration by police to trial of case & final judgement , everything is susceptible to manipulation by rich criminals. The saving grace is still a few honest judges , police are there , who are swimming against the tide of corruption & doing their public duties honestly. In the following articles involving actual cases , one can see the failures of various stages of legal system – registering FIR , investigation of case , prosecution-defense nexus , final judgement , etc . If a corrupt public servant is apprehended , it is equal to depriving 100 terrorists out of funds , putting 100 criminals out of action. Will the common man raise to give a befitting lesson to corrupt public servants. TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA - Gross violations of human rights by police At the outset , e - Voice salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues. The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses - they are frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this : 1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree torture on innocents. 2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree torture is used on innocents. 3) When the I.O is properly doing the investigations , but the higher-ups need very quick results - under work stress I.O uses 3rd degree torture on innocents. Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them. There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money - like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police. In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police. All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas , before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks. Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias. Hereby we urge the GOI & all state governments : 1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of encounter killings. 2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity , pension , etc. 3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings. 4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture. 5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents. 6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court. 7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar. 8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA". 9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias against suspects rich or poor. 10) To include human rights education in preliminary & refresher training of police personnel. 11) To recruit persons on merit to police force who have aptitude & knack for investigations. 12) To insulate police from interference from politicians & superiors. 13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police. 14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely. 15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works. Nowadays , we are seeing reports of corruption by police & judges in the media and are also seeing reports of raids by vigilance authorities seizing crores of wealth from such corrupt police. Some Judges have also amassed crores of wealth. Who gives them money ? it is rich criminals , anti-nationals . By taking bribe & hiding the crimes of criminals , the corrupt police & judges are themselves becoming active parties in the crimes , anti-national activities. Those shameless , corrupt police & judges are nothing but traitors & anti – nationals themselves. When an innocent is subjected to 3rd degree torture to extract truth with justification by investigating agencies that all for the sake of national security , what degree of torture these corrupt , anti-national police & judges qualify for ? what type of aeroplane or helicopter the corrupt police / judges must ride ? ofcourse , for protection of national security. Here also police & judges have double standards , what a shame. We at e – voice are for "Rule of Law" & abhor all type of violence. Truly these police & judges are not building a Ram Rajya of our Mahatma Gandhi's dream. AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN - By American Citizens Our country was known as " Heaven On Earth" , "Land of Equality & Equal Oppurtunity" & the "Statue of Liberty" rightly symbolized the spirit of our country. Now USA is known as a "Terror State". In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al- queda , Taliban in those countries. In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept that these terrorists who murder innocents don't deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ? Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public : 1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ? 2. is not Al-queda , Taliban creations of USA ? 3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see http://www.neiu.edu/~ayjamess/hmmm.htm#Main , 4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right? 5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ? 6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ? 7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ? 8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ? 9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ? Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished . Hereby , we appeal to the honourable court to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws. Recently , in the issue of last week "The Week" , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi's assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer's money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care. Recently in the last week , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer's money. While ordinary ordinary Pakistanis were suffering from starvation , lack of health care , etc. All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN. Hereby , we appeal to the supreme courts of USA , INDIA , PAKISTAN & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM. CRIMINALS IN POLICE UNIFORM - An appeal to union home minister & Karnataka state home minister The ABC of police force in India is apathy , brutality & corruption . in India, police are not impartially enforcing law instead are working as hand maidens of rich & mighty. The corrupt police officers are collecting protection money from criminals , collecting money to go slow on investigations , to file B- reports , to fix innocents in fake cases , to murder innocents in lock-up / encounters . they are hand in league with land mafia , today C.M of Karnataka himself issued a warning to police officials about this. Even in lock-ups , jails, the rich inmates bribe officials get better food from outside , mobile phones , drugs , drinks , cigareetes , etc. they get spacious cells & get best private medical care . where as the poor inmates are even denied food , health care , living space as per the provisions of law. The corrupt jail officials instigate rowdy elements in the jails to assault poor inmates & to toe their line. More corrupt the police more wealthier he is. Even CBI officials are no different. The only beacon of hope is still there are few honest people left in the police force. Hereby , e-voice urges you to make public the following information in the interest of justice. 1.how many CBI officials & Karnataka state police officials are facing charges of corruption , 3rd degree torture , lock-up/encounter deaths , rapes , fake cases , etc ? 2.how you are monitoring the ever increasing wealth of corrupt police officials? 3.how many officials from the ranks of constable to DGP have amassed illegal wealth? 4.what action you have taken in these cases ? have you got reinvestigated all the cases handled by tainted police? 5.how many policemen have been awarded death penalty & hanged till death , for cold blooded murders in the form of lock-up deaths / encounter deaths ? 6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 , subsequent police complaints ? is it because rich & mighty are involved ? 7.e - voice is ready to bring to book corrupt police officials subject to conditions, are you ready ? 8.how many police personnel are charged with violations of people's human rights & fundamental rights ? 9.how many STF police deployed to nab veerappan were themselves charged with theft of forest wealth? 10.how you are ensuring the safety , health , food , living space of inmates in jails? 11.how you are ensuring the medical care , health of prisoners in hospitals & mental asylums? 12.How you are ensuring the safety , health , food , living space of inmates in juvenile homes ? DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE In india , Law is one & same for all , however in it's implementation & enforcement , the public servants are practicing double standards. Poor Innocents are harassed , tortured all in the name of law , rules , technicalities . Whereas , Rich Criminals are manipulating the evidences , records & are going scot free. The Public Servants treat Rich Criminals Favourably with kid gloves ofcourse for a price. Now , take for instance , public servants of the rank of supreme court chief justice & President of india are hiding information relating to crime , covering-up crimes , violating commoner's human rights , fundamental rights , obstructing citizen from performing their Constitutionally prescribed Fundamental Duties as Citizens of India , no action by police , they are not even registering the complaint. Whereas , if a commoner cover-ups a crime or evidence , he also becomes a criminal , if a commoner violates the fundamental / human right of a rich person , if a commoner obstructs a public servant from performing his public duties , all those become crimes & he is legally booked for each counts. Why not police registering complaint against the above stated public servants for above crimes. IS IT NOT DOUBLE STANDARD. POLICE COMPLAINT AGAINST PUBLIC SERVANTS NOT BEING REGISTERED BY POLICE From, NAGARAJ.M.R. LIG-2 / 761, HUDCO FIRST STAGE, LAXMIKANTANGAR, HEBBAL, MYSORE - 570017. Through, Honourable DG & IG of Police , State Police H.Q , Bangalore. To, Honourable Circle Inspector of Police, Vijayanagar Police Station, Mysore. Honourable Sir, Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of India & other public servants In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , everyhumanbeing on earth has got HUMAN RIGHTS, by virtue of his / her birth. However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats - unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants. In India , corruption has spread it's tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta. Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is left high & dry eventhough the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people's last hope , democracy is dead. Nowadays we are hearing too many reports of irregularities in judiciary. our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon'ble supreme court of india, but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS. The issues raised by us for sample : 1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of indians & public of importing nations who are importing the same dangerous products from india . 2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by Government authorities whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law. in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers. 3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies. 4. The reports in media about certain highly placed public servants leaking india's defense secrets to foreign countries & some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints. over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible for free legal aid, even free legal aid was not given to me. Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence. CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA - http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/ , http://theftinrbi.wordpress.com/ CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE – http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ , CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE – http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ , CORPORATE CRIMES RPG CABLES LIMITED http://crimesatrpg.blogspot.com/ , http://crimesatrpg.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/218 MEGA FRAUD BY GOVERNMENT OF INDIA http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 are you ready to catch tax thieves ? http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 MOBILE PHONES , CURRENCY SCANDALS http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 reliance industry where is accountability ? http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 crimes at infosys campus http://crimeatinfy.blogspot.com/ , http://crimeatinfy.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/214 crimes by B.D.A against a poor woman http://crimesofbda.blogpot.com/ , http://bdacrimes.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/212 crimes of land mafia in India http://landscamsinindia.blogspot.com/ , http://landscam.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/212 currency thefts in RBI Press http://theftinrbi.blogspot.com/ , http://theftinrbi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/80 killer colas & killer medicines of India http://deathcola.blogpot.com/ , http://deathcola.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/201 We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India have violated their oaths of office , failed in their Constitutional duties , suppressed material truths / informations & thereby repeatedly violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do request you to legally prosecute the below mentioned public servants viz 1. H.E.Honourable President of India 2. Honourable Chief Justice Of India 3. Union Home Secretary , GOI 4. Governor , Reserve Bank Of India 5. Director-General & Inspector General Of Police , government of karnataka 6. Commissioner , Bangalore Development Authority 7. Commissioner , Mysore Urban Development Authority 8. Commissioner , Mysore City Corporation 9. Labour Commissioner , government of karnataka and 10. all public servants belonging to tax dept , pollution control board , etc mentioned in the above cases with web links. on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. 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 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. one 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 , public servants & Constitutional fuctionaries. Thanking you. Jai Hind , Vande Mataram. Date : 04.07.09……………………………………your's sincerely, Place : Mysore……………………………………nagaraj.m.r. CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? - WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ? New Delhi, August 21 The Delhi High Court imposed a four-month ban on senior advocate R K Anand and colleague I U Khan on Thursday for interfering with judicial proceedings in the high-profile BMW hit-and- run case. A fine of Rs 2,000 was levied as well. On May 30, 2007, television channel NDTV caught both lawyers in a "sting" operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook. A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt. "The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand... There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case," observed the court, which had taken suo motu cognizance of the expose the day after it was aired. "Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc," said the Bench. The court desisted from commenting on the conduct of Kulkarni, saying it would not be "proper" to do so. Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, "the unshakeable truth is that Mr Anand is guilty of criminal contempt of court". Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such "sharp practices". "Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha," noted the Bench. The court said it knew Khan for his legal acumen and forensic skills — "perhaps the reason why he was appointed Special Public Prosecutor in the BMW case". High expectations over Khan fell apart when his conduct "betrayed the trust that prosecution reposed in him... what he did was perhaps beyond the realm of contemplation of the prosecuting agency". Chastising the two for their misconduct, the Bench said: "We are not dealing with a young lawyer who, driven by ambition and desire... transgresses the limits or unwittingly or unknowingly commits criminal contempt. We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar." The court forwarded a recommendation that the two be "stripped of their designations as senior advocates". The High Court Registrar General will put up the court's recommendation before Chief Justice AP Shah within a month. In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest. R K Anand Began legal career in Delhi's Tis Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly polls in Himachal Pradesh in February 2003. High-profile cases: * In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi's death * Narasimha Rao in the JMM bribery and the St Kitts case * Chandraswami in the FERA violation case * H K L Bhagat in the 1984 anti-Sikh riots case * Former external affairs minister Natwar Singh's son Jagat Singh in the murder/suicide of his wife Natasha Singh I U Khan One of the top five criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW case. Began his career in late 1960s, and came intio spotlight in 1980s. * Defended Sushil Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple murder, former Youth Congress President Romesh Sharma in several cases and Tony Gill in Jessica Lall murder case When prosecution & defence lawyer together team up along with corrupt police / public servants and manipulate evidences / records , the court is helpless and will acquit the accussed for lack of evidences eventhough the presiding judge is of impeccable integrity , honesty , he is help less. Add to this , if the presiding judge happens to be corrupt & teams up with the criminal nexus , the result is devastating , the rich criminal will get away & the innocent will suffer punishment in some cases even death sentence. Who will bell these few corrupt among the judiciary , bar , police & public service ? why not prison sentence for two leading advocates on criminal charges of contempt of court , destruction of evidences ? are they above law ? why favouritism by court to the guilty in awarding punishment to guilty two advocates as they happen to be political influential ? will the court let a common man so leniently for the same charges ? In the past cases dealt by these corrupt duo advocates , there are possibilities that the same tactics of manipulation of evidences , prosecution is done to win the cases , to free the rich criminals , why not review of the cases dealt by these corrupt advocates ? The honest few among judiciary , bar , police & public service must uphold our constitution , rule of law & bring to book their corrupt colleagues. CASH FOR JUDGEMENT Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal Yadav who has gone on leave after her name is said to have figured in the statements of the main accused in the case involving the delivery of cash at another High Court Judge's house, said today that she was a "victim of a vilification campaign." Speaking to The Indian Express at her Sector 24 residence here today, Justice Yadav said that "some influential persons were trying to shift the focus on her to save the real accused." Justice Yadav denied that former Haryana Additional Advocate General Sanjeev Bansal had talked to her on phone on August 13 when Bansal's clerk "mistakenly" delivered a bag containing Rs 15 lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the High Court. "Let any agency prove that I talked to Sanjeev Bansal on phone either on that day or any day in the past one month," Justice Yadav said. "I am ready to face all consequences if this allegation is found true. I have had no dealings with Bansal. I have not received any money from Bansal or any of his associates. I am sure I will get justice." Justice Yadav said she had explained her position to High Court Chief Justice T S Thakur and had "proceeded on leave." She said she would not hear any case until her name is cleared. Sources close to her said that during her meeting with Justice Thakur yesterday evening, in which some other senior judges were also present, Justice Yadav offered to proceed on leave to "maintain the highest traditions of Indian judiciary." Justice Thakur told The Indian Express that he had not asked Justice Yadav to proceed on leave and that it was her own decision. It is learnt that in her meeting with Justice Thakur, Yadav vehemently denied any role in the entire role. While acknowledging that she and some other members of her family had bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied that the money for purchasing the land came from Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case. "Can't a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by Bansal or Singh," she is learnt to have told the Chief Justice. But she is learnt to have acknowledged, in her meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to have said that she came to know him through some other judges. Meanwhile, highly placed sources in the High Court confirmed that Chief Justice Thakur is awaiting the return of Chief Justice of India KG Balakrishnan from Brazil to apprise him of the developments in the case. The Chief Justice is learnt to have asked the administrative committee, comprising senior judges, to monitor the case on a daily basis. The Rs 15-lakh delivery: Story So Far •August 13: Parkash Ram, an assistant to Haryana's Additional Advocate General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court. Justice Kaur calls the police. •Rajeev Gupta, Bansal's friend and a property dealer, tells the police that the money reached there by mistake and it was meant for Nirmal Singh, another property dealer. Chandigarh Police decline to hand over the cash. Bansal is questioned •August 16: A case is registered against Bansal, Parkash Ram and Delhi- based hotelier Ravinder Singh who allegedly organised the money •Bansal resigns as Addl AG and surrenders on August 19 •August 21: Rajeev Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is arrested. The Inspector General of Police sends a report to the Chief Justice of Punjab and Haryana High Court. The report says that the money was meant for another judge. •August 22: Justice Nirmal Yadav proceeds on leave Caught in controversy is Solan plot that judge, 16 others purchased CHANDIGARH, SOLAN, August 22: On August 14, according to revenue records, a plot measuring 11.1 bighas in Solan was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the transaction, obtained by The Indian Express, show that the land was purchased by her and 16 others from six persons, all residents of village Rihun Pargana, near Kumharhatti in the Solan district of Himachal Pradesh. v="_x0000_i1025" v:shapes="_x0000_i1025">

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