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Editorial : JUDICIAL ACCOUNTABILITY IN INDIA
– URGENT NEED OF THE HOUR
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.
JUDICIAL ACCOUNTABILITY – APPEAL NO.3
1st October, 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,
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.
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,
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.,
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.
Thiruvallur Dist. 2. Mr. J. Williams (mentioned as above)
3. Ms. Amudha Dinakaran, Daughter of Mr. Justice P.D.Dinakaran
Amirtham Gardens (P) Ltd.
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.
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.
FORUM FOR JUDICIAL ACCOUNTABILITY
Room No.2, I Floor,
45 Armenian Street,
FILED IN TOPICS: JUDICIARY
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HAVE YOUR SAY
SEP 27, 2009 01:37 AM
>> 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?
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.
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. .
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.
SEP 26, 2009 01:21 PM
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.
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
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.
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
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.
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.
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.
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.
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  from the legislature, judiciary, and policing  and clear avoidance of political interference from health and education/research, as also the various religious affairs and arts/philo-domains associated with them, 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!
SEP 26, 2009 12:32 AM
>> 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.
DALLAS, UNITED STATES
SEP 26, 2009 12:08 AM
>> 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.
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.
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.
SEP 25, 2009 09:19 PM
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.
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.
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!
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!.
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.
SEP 25, 2009 12:39 AM
>> 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.
DALLAS, UNITED STATES
SEP 24, 2009 01:42 PM
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!
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.
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.
SEP 24, 2009 12:51 PM
>> 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.
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.
SEP 24, 2009 11:59 AM
>> 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.
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.
SEP 24, 2009 12:34 AM
>> 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.
DALLAS, UNITED STATES
SEP 23, 2009 12:59 PM
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!
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
SEP 23, 2009 02:14 AM
>> 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!
DALLAS, UNITED STATES
SEP 22, 2009 07:38 PM
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.
SEP 22, 2009 07:16 PM
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!
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
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.
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
Forum for Judicial Accountability
Room No 2, I Floor,
45 Armenian Street,
Chennai – 600001
9th 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,
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
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.
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).
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.
Details of land holdings of Justice P.D.Dinakaran at kaverirajapuram village, Tiruttani Taluk, Tiruvallur district, Tamil Nadu
7th 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,
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.
Sriram Panchu, Senior Advocate
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 donï¿½t 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 VVIPï¿½s. 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 at HRW has 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
At this juncture , we must also remember our kargil martyrs of Indian
military who sacrificed their lives protecting our motherland – INDIA
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
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
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 ,
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
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
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
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
“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
holmes , to cover-up his own inefficiency he uses 3rd degree torture
2) When the I.O is biased towards rich , powerful crooks , to
innocents & to extract false confessions from them , 3rd degree
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.
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
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill
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
& 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
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 ,
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
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
torture on detainees and kill detainees in the name of encounter
2) To dismiss such inhuman , cruel personnel from police service
forfeit all monetary benefits due to them like gratuity , pension ,
3) To pay such forfeited amount together with matching
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
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide
torture free climate to all parties , witnesses in cases before his
7) To make public the amount & source of ransom money paid to
brigand veerappan to secure the release of matinee idol mr. raj
8) To make public justice A.J.Sadashiva’s report on “torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
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 &
13) To make police force answerable to a neutral apex body instead
political bosses. Such body must be empowered to deal with all
matters of police.
14) The political bosses & the society must treat police in a
manner and must know that they too have practical limitations. Then
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
& 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
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
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
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
law instead are working as hand maidens of rich & mighty. The
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
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 ,
, cigareetes , etc. they get spacious cells & get best private
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
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there
few honest people left in the police force.
Hereby , e-voice urges you to make public the
information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are
charges of corruption , 3rd degree torture , lock-up/encounter
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
3.how many officials from the ranks of constable to DGP have amassed
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
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
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
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
performing his public duties , all those become crimes & he is
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
LIG-2 / 761, HUDCO FIRST STAGE,
MYSORE – 570017.
Honourable DG & IG of Police ,
State Police H.Q ,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
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 , every
humanbeing 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
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
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
amounts to suppression of information , truth , evidences , which is
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.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
MEGA FRAUD BY GOVERNMENT OF INDIA
are you ready to catch tax thieves ?
MOBILE PHONES , CURRENCY SCANDALS
reliance industry where is accountability ?
crimes at infosys campus
crimes by B.D.A against a poor woman
crimes of land mafia in India
currency thefts in RBI Press
killer colas & killer medicines of India
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
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
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
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
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
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
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
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
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
“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 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 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.
* 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
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
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
“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
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
This purchase is said to have figured in the meeting between Justice
Yadav and the High Court Chief Justice yesterday. Justice Yadav is
said to have told the Chief Justice: “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 (Sanjeev) Bansal or Ravinder
The purchasers and sellers obtained permission from the Himachal
Pradesh Government under Section 118 of the Himachal Pradesh Tenancy
Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that
that the deal had been registered as per the details we have.
The land was sold by residents of village including Baldev; Narinder
Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The
sellers have given a General Power of Attorney to Surinder Kumar (one
of the partners among the sellers), who executed a sale agreement in
favour of the buyers.
Those named as purchasers (partners) in the land deal include Suruchi,
a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram
Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek;
Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay
Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector
11, Panchkula) and Punjab and Haryana High Court Justice Nirmal
Three booked in judge bribery case
Haryana Addl Advocate General among booked
Chandigarh, August 16: Three persons, including Additional Advocate
General of Haryana Sanjeev Bansal, were on Saturday booked for an
attempt to bribe a Punjab and Haryana High Court Judge.
The other two are Bansal’s munshi Parkash, who had carried Rs 15 lakh
to the residence of High Court judge Nirmaljit Kaur on Wednesday
night, and Ravinder Singh, a Delhi-based businessman who has a hotel
in Karol Bagh.
The munshi was taken into custody while a police party has been
despatched to Delhi to nab Singh.
Assistant Superintendent of Police Madhur Verma said the amount was
supposed to be handed over to some other public servant but was
mistakenly delivered at Kaur’s house.
An FIR was lodged after Kaur complained to the police. She also
reported the matter to the Chief Justice.
Police said Singh had allegedly paid Bansal a huge amount to get
settled a criminal case pending in the High Court. The case is due to
come up for hearing on Wednesday.
Earlier, Singh had claimed the amount was pertaining to a property
deal he had struck with a resident of Panchkula. The money was
supposed to be delivered to one Nirmal Singh and was mistakenly
delivered at the judge’s house.
Verma, however, said the preliminary investigation had ruled out the
possibility of the amount being related to any property deal.
“Bansal failed to give a detailed account of the cash. He produced
some papers pertaining to some property in Panchkula but that did not
carry any weight. Our investigations caught him on the wrong foot and,
therefore, we booked him along with two others under the Prevention of
Corruption Act and criminal conspiracy,” he added.
Bansal has been handling several high-profile cases. He is one of the
dozen-odd Additional Advocate Generals appointed by the Haryana
Government about two years ago.
Corrupt judge in Allahabad High Court
Posted By: Rajeev
State: Uttar Pradesh District: Allahabad City: Allahabad
* Conversation with Vigilance Officer – Audio Wave File
* Conversation with Registrar General – Audio Wave File
* Letter that CBI has forwarded to Registrar General – Tif Format
If the Judges go corrupt, then it is GOD who will give one justice
when one go to heaven or hell. It is a Irony that I filed a complaint
against a District and Session Judge who later promoted to High Court
of Allahabad. I wish the God will serve HIS justice to Hon’ble Justice
Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice
at Rs 100000 per page!!
Here I am elaborating what had happened. In 1994, two people name
Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father’s
property and in March 1994 they beat him and pulled his legs( just
imagine the pain) making him handicapped for life. Then in court those
guys were merely sentenced for 6 months in Jail, but they did not went
for the jail for single day or hour and appealed to Sessions Court and
then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in
Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal.
It is a shame on Umeshwar Pandey that he cannot see a Handicapped man
suffering for last 9 years and even then not given the justice.
Umeshwar Pandey has taken this bribe via his Steno name some G. D.
It is the habit of Parashram and MohanLal to record the conversation
while giving bribes on hidden audio recorder and the same cassette can
be recovered if the authority try. It is been 8 months since I have
informed various authorities by registered letters and phone calls
from USA for no action till date.
I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance
Officer for no action till date and the recording attached is from
Similarly I have spoken with Mr. K. S. Rakhra who was posted as
Registrar General but no action till date, and the recoding shown is
from Sept 2002 too.
Even CBI has forwarded my letter to Registrar General, but no action
is taken on that one too.
I have emaild my plea to few High court Judges too for no response.
I just hope GOD is there who will give some justice. But the corrupt
Judges should stop imitating as GOD they are devil actually.
The only solution can be people make a limit. How much money a person
needs. I often think about a story that a saint refused to take the
food as he already got the food for today and he do not want to
collect for tomorrow. But I don’t know why people want to generate
money for 7 generations. If a careful analysis and investigation is
done Umeshwar Pamdey has Black money worth 3 generations. I guess
instead of Lakhs and Carore now corruption should be measured in
Education is important. People need to understand the meaning of
freedom truly. IF I say boldly India is still not free. People have
mentality that they need to pay to Government officials for work. This
mentality has to be removed.
HC suspends judge over corruption complaints
AHMEDABAD: The Gujarat High Court has suspended a fast track court
judge in Rajpipla after receiving several complaints of corruption and
favouritism against her.
Rajpipla fast track court Judge DL Desai was suspended on Thursday
evening after a primary inquiry held by the court’s vigilance
department said that the complaints against her had substance. Further
inquiry against her will be conducted by the department. Besides the
complaint of favouritism in Rajpipla, where she was presently posted,
the Desai was also accused of similar charges and issuing certificates
without proper verification in Bharuch, where the she was discharging
her duty as a principal district judge, the High Court authorities
The HC administration seems to be seriously taking the issue of
corruption prevailing in Gujarat’s judiciary, as Desai’s is the fourth
suspension in last three months. Earlier in May, a judge in Surat’s
court, AN Vinjhola was suspended after similar complaints against him.
The court administration also found him in possession of property out
of proportion considering his known sources of income. Last month, two
judges were suspended on charges of corruption. The Ahmedabad city
civil Judge NM Thakor and KV Kakkad were also suspended by the HC
after holding preliminary inquiry into complaints against them.
All the four suspended judges are now facing departmental inquiry.
FOREIGN TOURS OF INDIAN JUDGES AT TAXPAYER’S EXPENSE
New Delhi: CNN-IBN’s exclusive report on some judges using official
trips to holiday, has sparked off the debate – should judges be above
the purview of the Right to Information (RTI) Act?
RTI activists say there is every reason why the RTI Act should apply
to the higher judiciary as well.
Questions are now being asked in South Block, too, following the
expose on Supreme Court judges.
Records obtained under the RTI shows judges have been converting work
trips to holidays, taking long detours and are accompanied by their
wives while traveling abroad.
At present there are no travel guidelines for the judiciary and the
Bar Council of India is suggesting a course correction.
“I think the judges must pay or should pay the amount to the
government,” Bar Council of India Chairman SNP Sinha said in Patna on
Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan’s
11-day trip to Pretoria, South Africa in August 2007 the route was –
Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg,
Victoria Falls, where the judge finally didn’t go and back to Delhi
Former chief justice YK Sabharwal attended three conferences in 2005
to Edinburgh, Washington and Paris. While the conferences lasted 11
days, Sabharwal was out for 38 days with 21 days converted into a
The travel plan included a detour from Washington to Baltimore,
Orlando and Atlanta, before rejoining the conference route in Paris.
The First Class air fare for Sabharwal’s entire trip was paid by the
Activists are now renewing the debate on the RTI act applying to
judges as well
RTI activist Arvind Kejriwal said: “It only underscores why the RTI
needs to be applied to judges and judiciary.”
Just like Caesar’s wife should be above suspicion, RTI activists are
demanding that SC judges too should be seen to be accountable.
Failure of RTI Act in India
– In the clutches of corrupt public servants mafia
In the courts of law , every statement to be valid must be supported
by evidences. That too, the statements of public servants / government
officials & their reports in government records are considered as
sacrosanct , the ultimate gospel truth by courts of law.
The corruption has spread it’s tentacles far & wide in the public
service. The bribe booty is shared by lower to higher officials. If an
official is complained against , his higher official conducts a formal
investigation & reports in the record that lower official is not
The vigilance authorities / Karnataka lokayukta has recently raided on
police , tax officials & seized illegal wealth amounting to crores of
rupees. Take the recent case where in senior IPS officer ,
superintendent of police chamarajanagar , mr.srikantappa was arrested
by Karnataka lokayukta. The victims spoke to media that he used to
threaten them with false cases. In this way , how many victims /
innocents were arrested & tortured by his arrest warrants ? how many
innocents suffered in false cases ? how many rich criminals got scot
free , by srikantappa’s filing of B reports leading to closure of
In the past how many suffered by srikantappa’s actions ? has the court
subjected to review all the previous actions of srikantappa throught
his corrupt career ? if not , why ?
The courts of law has taken the official reports , records of
mr.srikantappa as gospel truth & indirectly aided rich criminals &
harmed innocents. It is the same case with respect to reports of all
government officials – police , labour , tax , etc. the rich
criminals buy out government officials & make them write favourable
report about themselves. Whereas the poor , innocents suffer from
adverse reports & injustices. The courts of law takes the government
records at it’s face value & meat out injustices to the poor ,
innocents while aiding the rich criminals.
When a commoner requests for information as per RTI Act , the
government officials either give incomplete information , false
information or decline to give information under one pretext or the
other. The officials are damn sure that the truthful information will
be detrimental to themselves & will be taken as evidence against
themselves in the courts of law. So information , truth is not given.
Even information commissions are failing here. Thereby, the public are
denied to seek justice in the courts of law , by lack of evidences.
The courts of law before accepting the records of government
officials , must subject it to a “test of truth”. When a government
report is contested against , a fact finding team comprising members
of public , complainant , respondent & the court , must check it out
at the ground level. Orelse when a complainant says that the report of
a government official – police , labour , tax , etc as false that
government official must be subjected to lie detector test , narco-
analysis, ertc by court of law. The questionnaire ie the questions to
be asked during the scientific test are to be prepared with feedback
from both complainant & respondent’s side. In that way , impartially
truth can be found out. After all , the objective of courts of law is
“Quest for Truth”, not just giving out judgements based on reports of
Nowadays , we are even seeing reports of corruption among the
judiciary itself. If a complaint against a judge is made out that a
level ground is not provided to put up one’s case in the court or
cross examination of one party is not allowed or lie detector test /
narco analysis of one party is not allowed ( in turn taking the lies
of that party as truth ), the judge making a varied interpretation of
law, the judge not safe guarding the health & life of the complainant
in the custody of police leading to 3rd degree torture of complainant
by police , etc, in all such cases the supreme court of India must
change the presiding judge of such cases , the cases must be
thoroughly reviewed & the guilty judge must be subjected to narco-
analysis , lie detector test , etc & legally prosecuted. In this back
drop , accountability of police & judges to the public ie citizens of
India – kings of democracy , is a must. After all , the kings of
democracy / citizens of India / taxpayers are the paymasters of all
We at e – voice of human rights of watch have utmost respect for the
judiciary & all government institutions. It is the corrupt few in
those institutions who are themselves bringing disgrace to the august
institutions they occupy , by their corrupt deeds. The saving grace is
that still honest few are left in public service & it is an appeal to
them , to legally prosecute their corrupt colleagues.
In India , the private enterprises are the wealth creators of our
economy. However , some private enterprises are violating labour
laws , tax laws , human rights & fundamental rights of people. In turn
harming the public , looting the tax dues. This is creating black
money causing various social evils in the society. These huge private
enterprises take loans from public sector banks ie take public’s money
as loans , collect money from public in the form of shares ,
debentures , sell their product to the public. Still , they are not
covered by RTI Act, they don’t give truthful information to the public
nor allow public inspection of their sites , why ? they buy out
concerned government officials & gets them to write favourable report
about themselves. There are wide differences between the ground
reality & these government reports. If the aggrieved person , victim
of injustices meated out by these private enterprises , tries to
legally seek justice, these criminal private enterprises buy out
police , concerned officials & fixes up the victim in false cases. The
police in total disregard to law violates the human rights &
fundamental rights of the victim in custody , subjects the victim to
3rd degree torture in custody. The presiding judge of the case doesn’t
safe guard the rights , health , life of victims in custody. The judge
doesn’t check out the truthfulness of government reports & passes on
judgement making varied interpretation of just remember the case of
“local citizens vs coca cola company” in plachimada , kerala.
Is it not right & just in such cases , to subject the presiding
judge , police , concerned government officialds & most importantly
key officials of that criminal private enterprise to lie detector ,
narco- analysis tests , to know the truth ? is it not right to conduct
the inspection of alleged site , review of all company’s records , by
a team comprising of members from public , court , complainant &
Some of these criminal enterprises threaten to finish off the poor
victims . as these company’s have money power they can buy out
rowdies , police & capable of doing anything. In such cases , if
anything untoward happens to the victim or his family , are not the
officials of such criminal enterprise liable to pay compensation to
the victims’s family or survivors ?
In India , do we truly have democracy & freedom ? is this corrupt
India – what our freedom fighters dreamt of & fought for ?
JUDGES IN PROVIDENT FUND SCAM ?
NEW DELHI: Faced with accusations having the potential to unhinge the
traditional public perception of the judiciary’s clean image, the SC
decided to examine the possible mode of probe into the Rs 23 crore
withdrawal scam allegedly involving 23 judges, including some from the
one from the apex court.
The difficult question on the mode of probe was posed by a petitioner,
the chairman of Advocates Welfare Trust and Bar Association of
Ghaziabad — the
place where the scam took place — even as CJI K G Balakrishnan had
in the integrity of the judges by asking the UP police, which is
scam, to send questionnaires to the judges, whose names allegedly
figured in the
Unwilling to have the judges interrogated by the police at first go,
written to the UP police that if the response of those judges to the
questionnaire did not satisfy the probe team, then it could send
The request for interrogation in person would be considered on merit,
the SC had
told the police in a communication. Appearing for the Bar, senior
S Nariman flanked by senior advocates Anil Divan and M N Krishnamani
concern over the scandal and also pointed out the possible dent in the
the judiciay if an SHO was seen interrogating a judge.
Bench comprising CJI Balakrishnan and Justices P Sathasivam and J M
appeared undecided about the constitution of a committee as suggested
Nariman, it decided to seek the assistance of solicitor general G E
chart out a possible course to deal with the situation.
To keep the proceedings off the media glare, the bench decided to take
matter in chamber on July 14, when Vahanvati and other senior
make good their assistance to look for a way out of the problematic
The petition said one Ashutosh Asthana, the Central Nazir in the
Ghaziabad, had allegedly confessed before a magistrate about his role
in the PF
scam and had allegedly mentioned the names of 23 judges who were
of the ill-gotten money.
THE FALL OF THE ANGEL-CORRUPT INDIAN JUDICIARY
the four main pillars of democratic setup in india are legislative ,
judiciary , executive & the enlightened citizens . now, one pillar
after the other has started to crumble down paving the way for anarchy
in future. in india there are not much of the enlightened citizens
around.even the few who are there, are silenced by the criminal nexus
while doing their fundamental duties as per the constitution of
india.the rest of the citizens are kept in the dark, denied the
awareness about democratic dynamics , by choking them for information.
in india multi billion dollar defence deals to drainage civil
constuction by the munciapality comes under “official secrets act”.
eventhough technically some informations does not fall under the
purview of O.S.A. the ruling elite does not readily share the
information.in democracy INFORMATION & THE EXPRESSION are key to it’s
functioning .by denying that key to the citizens the ruling setup
alienates them from decision making process .thus, the enlightened
citizens the pillar has been razed down to earth by the ruling elite.
now, the criminalisation of politics has taken place almost completely
in india. those criminals have appointed other criminals to the vital
positions in the government .the criminal nexus of
CRIMINAL-POLICE-POLITICIAN-BUREAUCRAT is reigning in India , violating
the funamental / human rights of crores of indian citizens , robbing
them of their national wealth worth billions. thereby other two
pillars of democracy the legislative & the executive have fallen down.
now, the one & only remaining pillar of democracy in india is the
INDIAN JUDICIARY. it is the angel who provides justice to the
commonners. now, the tentacles of corruption has engulfed the Indian
judiciary too . there are charges against various judges ranging from
bribery ,theft ,practice of untouchability ,false affidavit to murder
.one judge has been accussed of literally running an AUCTION HOUSE OF
JUDICIAL ORDERS in association with the underworld. in that place
everything from BAIL,STAY TO ACQUITTAL FROM CASE was available for a
price of course.
it is only due to the pioneering efforts of media these scandals have
come to light .the judiciary has hidden those scandals in a hush hush
manner from the public eye. recently it was reported in ” deccan
herald ” that a district judge of u.p. was acting as a pimp since
years & supplying mod girls to politicians. in another report it was
stated that a district judge of tamilnadu demanded sexual favours from
a woman to give favourable judgement in a case when she refused to do
his bidding he allegdely tried to rape her. quite recently, there was
a news report about immoral acts of certain high ranking judges in a
resort near mysore. it was indirectly implied that certain wowen
advocates who were selected as judges were returning the favours
immorally to the senior judges (who were in the selection committee) .
i,as a human rights activist have requested various constitutional
authorities to provide information about the misdoings of government
officials , ministers ,judges & godmen. i didn’t even receive the
receipt of acknowledgement. i have even tried to file public interest
litigations at the SUPREME COURT OF INDIA ,but to no avail. Even my
requests for information from government authorities including
supreme court of India as per RTI Act was not honoured.
in my crusade seeking justice for all, i have myself suffered numerous
injustices ,my news papers were closed down, i have suffered murder
attempts on me , inspite of all these the CHIEF JUSTICE OF INDIA , THE
CHAIRMAN OF NATIONAL HUMAN RIGHTS COMMISSION , THE CENTRAL VIGILANCE
COMMISSIONER kept mum, didn’t do their constitutional duties inspite
of my repeated requests . thereby, they have violated my human rights
& fundamental rights & have been obstructed from performing my
constitutionally provided FUNDAMENTAL DUTIES.
The courts of justice needs evidences to act upon , the public
servants don’t give records / reports which in turn becomes evidences
, the public servants by taking bribe makes falsed biased
interpretation of law , give favourable reports to rich & mighty ( but
false reports ). The courts in turn depending on those false reports
acquits rich & mighty , whereas the poor suffers injustices for being
unable to produce evidences. The courts have the power , authority for
ordering participation of public , aggrieved parties in the
investigation teams enforcing various laws ( thereby the corrupt acts
of public servants can be checked ) , but courts don’t excercise that
authority. See how the nexus of corrupt public servants ï¿½ law
enforcement agencies ï¿½ judiciary works in India favouring the rich &
subjugating the poor. Ofcourse , there are very few exceptions.
Office for Profit: A Stink You Should Smell
Former Supreme Court Chief Justice YK Sabharwal was involved in
deal-making that earned his sons huge profits. So says a group of
credible citizens led by former Law Minister Shanti Bhushan. And they
evidence to back their claims. Sanjay Dubey pieces together their case
“The issue of sealing was difficult as on the one hand it was a
question of law
and on the other of the suffering among the people.” This is how
Sabharwal, the former Chief Justice of India (CJI), described the
drive that had brought the nation’s capital to a virtual standstill
In an interaction with the media on the eve of his retirement in
Sabharwal singled out the Supreme Court’s action against Delhi’s
the most difficult decision he had taken as the Chief Justice. He
why it had become such a huge dilemma for him. “I earned the wrath of
relatives. Yesterday one of my relatives [affected by the sealing
order] told me
sarcastically that I am a big man. I told him I couldn’t solve
The anguish with which the former chief justice of India described the
drive as the most difficult decision of his career, however, flies in
of facts unearthed by a committee of equally eminent citizens called
Campaign for Judicial Accountability and Judicial Reforms. The
patrons include such veteran torchbearers of public integrity as
minister Shanti Bhushan, Justice VR Krishna Iyer, Admiral RH Tahiliani
Supreme Court lawyer Prashant Bhushan.
Documents gathered from many government departments by the committee
shadow of taint over the actions of Justice Sabharwal who, Shanti
“was a very competent judge”. (See interview) Contrary to what
the Committee’s findings show that far from earning the wrath of his
“the former chief justice has earned the gratitude of his family,” as
Bhushan puts it. The documents — perused by TEHELKA — show that
sons, Chetan Sabharwal and Nitin Sabharwal, clearly stood to benefit
father’s orders. His orders, thus, are against the principles of
which say that no judge can hear a case in which he has a personal
According to Shanti Bhushan, instead of excusing himself because of
interest, Sabharwal remained the presiding officer of the sealing case
till he retired in January 2007.
It all flared up on February 16, 2006, the day then Chief Justice of
Sabharwal, passed the order which set in motion the process of sealing
properties being used for commercial purposes in designated
residential areas in
Delhi. The sealing and demolition drive to implement the court order
thousands of small and medium-sized commercial establishments to
shop or buy or rent premises in malls and commercial complexes.
There were reports of suicides and heart attacks as the government
tried to cope
with a precarious law and order situation in the capital; it had
but to implement the Supreme Court’s (SC) orders. Everything was being
the name of upholding the law — or so it seemed. It now transpires
that even as
Delhi was bleeding, Justice Sabharwal’s elder son Chetan and younger
were breaking the law.
Documents presented by the Committee reveal that at least two
companies owned by
Chetan and Nitin — Pawan Impex (PI) and Harpawan Constructors (HC) —
operating from their father’s private residence, 3/81, Punjabi Bagh,
sealing drive was in full swing. Even more surprising is the fact that
greater part of 2004, Pawan Impex was operating out of 6, Motilal
the official residence of Justice Sabharwal, who was then one of the
SC judges. According to documents filed by Pawan Impex with the
Company Affairs, its registered office was shifted from 3/81, Punjabi
Bagh to 6,
Motilal Nehru Place in January 2004. For the next 10 months, the house
senior SC judge — Sabharwal — was also the firm’s registered office.
Documents from the Department of Company Affairs also reveal that on
2004, the promoter of one of the biggest shopping malls and commercial
in Delhi, Kabul Chawla of Business Park Town Planners (BPTP) Limited,
inducted in Pawan Impex as a 50 percent shareholder. On the same day,
Impex’s registered office was shifted back to its old address in
Soon thereafter, Chawla’s wife, Anjali Chawla, was also made a
director in the
Sabharwal’s sons nurtured ambitious real-estate dreams. And they began
its foundations when they set up a construction company, called
Constructors, on April 8, 2005. An important decision taken by their
few days earlier was going to change both Delhi’s and their fortunes.
On March 17, 2005, Justice Sabharwal, who at the time was dealing with
of polluting industries operating in residential areas, ordered that
now also deal with the case of commercial establishments operating
residential areas. Another bench of the Supreme Court had admitted
this case in
In October 2005, another bigwig in the Delhi mall business,
of Fargo estates, joined hands with Chetan and Nitin. He was appointed
director in Harpawan Constructors, as was his brother Madhusudan
after this, Bhageria announced his plans to develop Square 1 Mall in
New Delhi. It was touted as one of the largest and most luxurious
In November 2005, Justice Sabharwal became the cji and by February 16,
he passed the “most difficult” order of his life to seal the
establishments operating from residential areas, his sons were on
track to enter
the mall and commercial complexes business in a big way, having sewn
partnerships with two of the biggest commercial real estate developers
The Sabharwals’ commercial complex development business took off
June 21, 2006, Pawan Impex’s share-capital increased from Rs 1 lakh to
crore. Then, on September 30, 2006, the Chawlas of BPTP developers
1.5 crore in the company. On August 22, 2006, Pawan Impex was given a
28-crore loan by the Union Bank of India. The loan was secured by
“plant, machinery and other assets” lying in plots A-3, 4 and 5 in
Noida. But, in fact, there is no plant or machinery here. Instead, a
park — Park Centra — worth hundreds of crores is being built by BPTP
Sources in the Noida Authority have confided that these three plots
(A-3, 4 and
5 in Noida’s Sector 125) were allotted to Pawan Impex on December 29,
the Mulayam Singh government then in power in UP at Rs 3,700/sq.
metre, when the
market price of commercial land here was at least Rs 30,000/sq. metre.
a commercial plot measuring 12,000 sq metres (plot 12A, in Sector 68)
allotted to another company owned by the Sabharwals, Sabs Exports, on
10, 2006, at Rs 4,000/square metre. The market price of commercial
at the time was at least 10 times as much.
These are not the only plots allotted at throwaway prices to the
November 6, 2000, Sabs Exports was allotted three plots (C103, 104 and
measuring 800 square metres each in Sector 63 at a rate of Rs 2,100/
metre, when the market price was many times higher.
TEHELKA has documents which show that a residential plot in Noida’s
Sector 44 was allotted to Justice Sabharwal’s daughter-in-law, Sheeba
in 2005. It is noteworthy that this plot was part of the Noida
allotment SCam —
wherein plots were allotted to sundry influential people and their
when in fact they were supposed to have been allotted by a random draw
An embarrassed UP government cancelled the allotments. The SC for some
immediately stayed the CBI probe into the allotments ordered by the
High Court. It is perhaps also significant that Justice Sabharwal
the publication of the so-called Amar Singh tapes, which were said to
conversations that showed Singh in poor light.
“Thus, from owning smalltime export-import firms till 2004, the
just two years time got into the business of developing commercial
appear to be rolling in money,” the report by the Committee concludes.
happened when Justice Sabharwal was a senior judge and then the Chief
dealing with the sealing cases and passing orders which stood to
sons and their partners.
The continuing good fortune of the Sabharwals can be gauged by their
purchase of a property worth several crores. TEHELKA has a sale deed
of a house
in south Delhi’s upscale Maharani Bagh which shows that Chetan and
purchased a 1,180-square-yard bungalow (B-9 Maharani Bagh) in March
the heirs of former Law Minister Jagannath Kaushal for a stated
Rs 15.43 crore. They gave their father’s name as Yogesh Kumar (minus
Sabharwal) and their office address instead of their Punjabi Bagh
On May 28, the Income Tax department sent a notice to Pawan Impex
details of their business activities, accounts, assets and sources of
the legal experts TEHELKA spoke to feel that the matter is more
conduct of Justice Sabharwal and his sons appears to involve offences
purview of the Income Tax Act.
Legal experts, including Prashant Bhushan, feel that the extent to
developers funded the asset-acquisition by the Sabharwals needs to be
Several attempts by TEHELKA to contact Justice Sabharwal for his
response to the
charges went unanswered.
The charges made by the committee underscore the need for a National
Commission, an independent body with an investigative arm, which can
complaints against judges. It only stands to reason that the guardians
law come under the purview of the same laws they base their judgements
Justice Sabharwal’s Defence Gets Murkier
Senior advocate Prashant Bhushan, part of the eminent panel that
allegations against former Chief Justice of India YK Sabharwal, rebuts
retired judge’s rejoinder point by point
Using the strategy of a clever and street-smart defence lawyer,
Sabharwal’s defence of the serious charges levelled against him
inconvenient and emphasises the irrelevant to evoke sympathy. To
adequacy of his defence, we need to see his defence against the
gravamen of each
charge against him.
CHARGE NO. 1 That his sons’ companies had shifted their registered
his official residence.
SABHARWAL’S RESPONSE: That as soon as he came to know he ordered his
shift them back.
OUR REJOINDER: This is false. In April 2007, in a recorded interview
Mid-Day reporter MK Tayal he feigned total ignorance of the shifting
offices to his official residence. In fact, the registered offices
back from his official residence to his Punjabi Bagh residence exactly
day that the Business Park Town Planners Ltd (BPTP) mall developers
sons’ partners, making it very risky to continue at his official
CHARGE NO. 2 That he called for and dealt with the sealing of
property case in March 2005, though it was not assigned to him. It is
Chief Justice (CJ)who can assign pending cases to various judges. He
was not the
CJ at that time. Justice Sabharwal does not answer this charge.
CHARGE NO. 3 That he did this exactly around the time that his sons
partnerships with mall and commercial complex developers, who stood to
from his sealing orders.
HIS RESPONSE: That they were his sons’ friends. That Harpawan
was set up by his sons with the mall developer Purushottam Bagheria
did not do
any business. In fact the courts under him got Bagheria’s 1 MG road
demolished. That his sons are not developing shopping malls but only
an IT park.
OUR REJOINDER: If so many mall and commercial complex developers were
close friends, then he should not have dealt with the case anyway
creates an immediate conflict of interest. Moreover, why should they
partnership with these developers who stood to benefit from Justice
orders, and that too exactly at the time when he seizes control of the
of commercial property case and starts dealing with it. He says that
set up by his sons in partnership with Bagheria has not done any
so, why was this new company set up for developing commercial
partnership with this builder?
In an interview with Zee News, Justice Sabharwal claims credit for the
under him ordering the demolition of the illegal 1 MG road mall owned
Bagheria. But then why do his sons enter into partnerships with such
builder whose buildings have had to be demolished by the Judiciary?
immediately after this partnership with the Sabharwals, Bagheria went
announce the construction of “Square 1 mall” in Saket as the most
mall in India. And all the fashion designers who had their shops and
1 MG road went on to buy space in the Square 1 mall.
What is important to note here is that Bagheria and his partners at 1
had already parted with all the space on 1 MG.The demolition thus hurt
designers and others who had bought shops there, but did not hurt
may have benefited from it by clearing the land of his tenants and
to buy space at his new malls in Saket and elsewhere. An IT park is
commercial complex like any other. Many commercial establishments
sealed were IT
centres and BPOs which were forced to buy space in IT parks like that
constructed by his sons and their partners.
CHARGE NO. 4 That the Union Bank of India gave a loan of Rs 28 crore
sons’ company: Pawan Impex on a collateral of plant and machinery and
moveables at the site of their proposed IT park, which were non-
HIS RESPONSE: That his sons’ had a credit facility of Rs 75 crore.
OUR REJOINDER: If that were the case, what was the need for mortgaging
non-existent assets for obtaining this loan? Moreover, the banks’
is on record saying that the loan was given on the basis of projected
CHARGE NO. 5 That because of the obvious conflict of interest, he
could not have
dealt with this case.
HIS RESPONSE: That his orders have never benefited his sons.
OUR REJOINDER: His orders of sealing lakhs of commercial properties
forced those establishments to buy or rent space in commercial
those that his sons’ company were constructing; and shopping malls etc
their friends and partners were constructing. There was a clear
interest and his orders have clearly benefited his sons and their
CHARGE NO. 6 That a large number of industrial and commercial plots
allotted in Noida by the UP government to his sons’ companies, at
below the market price. In particular, several huge plots were
December 2004 and November 2006 by the Mulayam Singh/Amar Singh
while he was dealing with the Amar Singh tapes case, and had stayed
publication of those tapes on the behest of Amar Singh.
HIS RESPONSE: That some of the plots were allotted by earlier
governments. That the prices were not far below the market price. That
allotments were made in the normal course to his sons who were
were providing employment to hundreds of people in Noida.
OUR REJOINDER: The allotments are definitely not in the normal course.
three plots of one acre each be allotted to one company on the same
fact, these allotments are made at a time when the share capital of
was just Rs 1 lakh and it had no track record of making any IT park or
business whatsoever. They have been allotted within days of the
no procedure of draw of lots or any other system being followed, other
bogus interview. The rate of Rs 3,700 per square metre was far below
rate, and anybody including us would be happy to buy these plots at
the allotment rate today. The huge plot of three acres, No. 12 A in
(which appears to be carved out later for them) to Sabs Exports in
at a throwaway price of Rs 4,000 per square metre is also not in the
course and was similarly made within days of application and a bogus
without any other system. Moreover, the allotment has been made at a
he was dealing with the Amar Singh tapes case and had stayed the
the tapes. We would be happy to buy that plot too at three times the
which it was given to them.
CHARGE NO. 7 That his sons have purchased a 1,150-square metre house
Bagh, New Delhi in March 2007 for a consideration of Rs 15.46 crore.
of money for this is unexplained and in the sale deed they seek to
relationship with Justice Sabharwal by writing his name as Yogesh
giving their factory address instead of the residential address.
HIS RESPONSE: That 90 percent of the money for the purchase of this
from four banks; that his sons concealed his full name in the sale
deed in order
to avoid taking advantage of their association with him.
OUR REJOINDER: Banks do not normally advance loans of 90 percent of
the value of
a property on its security. Otherwise they would end up holding
security if the property prices fall by even 15 percent. If they have
done so in
this case, it is either because of an undue favour as in the case of
the loan of
Rs 28 crore to Pawan Impex, or they valued the property higher than
purchase price. His explanation for concealing his name in the sale
hilarious and unbelievable since his sons did not hesitate to use his
residence as the registered office of their companies. Moreover, this
was in a
registered sale deed with a private party, where there was no occasion
taking any advantage by using his name.
It is therefore clear that Justice Sabharwal is guilty of serious
misconduct and appears to be prima facie guilty of offences under the
of Corruption Act which need to be investigated.
PUBLIC CROSS-EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA
Q1. Why not death sentence to corrupt police who murder people in in
fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree
Q3. Why not death sentence to corrupt police , who connive with
backstabs our motherland , it’s national security ?
Q4. Don’t the police have suo-motto powers to take action in the
public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public
industrialists , etc in the media . Then why not police taking any
respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by
functionaries , public servants in the media. Instead of wasting
money , killing
time by prolonging formation of parliamentary committees , judicial
, why not subject those accussed public servants to narco analysis ,
test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants
witnesses to take action against the rich & mighty crooks. Where as if
person just gives a complaint against a poor chap , he is arrested ,
eventhough there are no evidences , witnesses. Why this double
Q8. If a poor chap tries to collect evidences as per his fundamental
as per RTI ACT , the public servants don’t give full , truthfull
Still , police / courts don’t take action against those public
crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain
of enquiry or supreme court of india probing late prime minister rajiv
assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news
paper , by
snatching away my job oppurtunities in government service, by
assaulting me , by threatening me of false fix-ups in cases & by
murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence
about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these
injustices ? are not
police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of
& all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in
family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of
IAS officer , police verification is mandatory. While appointing to
defense establishments , research institutes in addition to police
, central intelligence agencies cross-check candidate’s background.
there no background checks of constitutional functionaries , MPs ,
MLAs , , who
are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during
allegations that close relative of one of the front running candidates
swindled public money by their bank , misused public money through one
NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world.
, more than half the population are poor , people are starving to
these background , GOI funded & aided terrorist outfits in former east
ensuring the creation of Bangladesh , GOI has funded & aided terrorist
like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these
outfits have murdered thousands of innocents in those countries. Are
of GOI just & legal ? Is not GOI responsible for all those murders of
? has GOI paid any compensation to those victims or their family
mebers ? why
Q19.within india , to reduce the influence of certain terrorist
groups , GOI has
funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed ,
funded “salwa judum” to counter naxalites. Salwa judum cadres are
innocents just like naxalites. Is this action of government just &
Q21.in india, TADA , POTA is being rampantly misused by police. Even
are no problems of terrorism , TADA / POTA is being slapped against
even children. In M.M.Hills of Karnataka state , STF personnel charged
people with TADA on frivolous charges of taking lunch to veerappan ,
dress for the forest brigand, etc. where as the prominent political,
sports personalities who have links with underworld , anti national
attended parties hosted by dawood Ibrahim , other dons in gulf
countries , else
where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully
the criminal objectives of criminals , hid the dangerous arms &
his home , which were intended for terrorizing public. However mr.dutt
charged with TADA / POTA instead he is charged with illegal possession
act ( which is normally applied to farmers who use illegal home made
scare away animals , birds in their farms ). Why this favourable
mr.dutt by police ? prosecution ? is this because dutt is politically
Q23. Law is one & same for all , the public servants, police
enforces it differentially between rich & poor ? why this
Q24.recently in Bangalore police nabbed criminals belonging to
criminal syndicate selling duplicate nokia mobiles. Every nokia mobile
with 15 digit IMEI number , this number is also used by police for
criminals. In consumer dispute at consumer disputes redressal forum
49/05 , nokia company stated that all it’s products come with IMEI
number only &
stated that the product in dispute sold by tata indicom dealer M/S
COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI
nokia stated they don’t have any business relationship with either
or it’s dealer. However the tata indicom dealer stated that indeed his
are genuine , first hand products , but doesn’t have IMEI numbers .
the dealer in collusion with tata company is selling illegal nokia
sets & cheating the public. These mobiles are evading taxes , as well
are without IMEI numbers best buy for criminal elements who want to
tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to
case ie to file “B” report , when after certain time limit no leads
are found in
Q26. How do you monitor corrupt police personnel , who purposefully
investigate case properly , so that either the case can be closed with
report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict
lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court
acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does
notorious big time rich criminals get spacious barracks with tv, news
adequate food , medical care , etc while small time criminals , poor
into pig sty like rooms with 60-70 inmates without any basic
Q30. What is the status of my complaint made to the DG & IG of
government of Karnataka on 10/12/2004 ? the copies of complaint was
press meet at patrakartara bhavan Mysore on same day, even copies were
police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges
constitutional functionaries , so that they are not burdened with
court cases & can concentrate on their constitutional duties. But
privileges doesn’t cover the individual actions of those public
rape , murder , dowry harassment , tax evasion , misuse of office ,
still law enforcement / police department is bound to send request to
ministry seeking permission & home ministry sits over files for
gives the accussed ample time to destroy evidences. Is it right &
Q33. Does legal immunity privileges cover their official actions
alone ? if not
what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the
prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other
representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing
charges , yearwise since 1987 ? how many of them were eventually
Q37. How many MPs , MLAs , prominent film , sports personalities have
contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by
in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by
various cases . but shown in the police records as absconding but in
attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she
public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or
spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual
Q44. How do you monitor public servants who have spouses of foreign
while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister
swamy alleging that late P.M rajiv gandhi’s family received money from
intelligence agencies ?
Q47. In many cases like mass riots involving certain political
parties , when
that culprit party comes to power all the cases involving it’s
withdrawn by the government orelse prosecution fails to prove it’s
prefers not to appeal. Just remember Bombay riot case involving shiv
others , when shiv sena – BJP came to power in Maharashtra , all the
against it’s partymen were withdrawn. Are these type of decisions by
just & legal ?
Q48.what damages has been done to india’s national security due to
mole in the
PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police
fix-ups , , who suffer in jail for years & acquitted by courts upon
as not guilty ?
Q54. Do you register murder charges / attempt to murder charges
police officers who are responsible for lock-up deaths , fake
encounters & 3rd
degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF
who were responsible for gross human rights violations , 3rd degree
lock-up deaths of innocents in forest brigand veerappan’s territory ,
justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do
conditional services to GOI & GOK to apprehend corrupt public
servants. Are you
ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing
crimes , mass
fury , riots , etc. they suffer more & even their family members
from the criminal elements. Do the government provide insurance
police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to
daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in
interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry ,
duties of ministers ?
Q64. What is the ratio of police personnel to total population in
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING ,
SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING
Q66. Is the forensic science department which conducts narcfo-
lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like
Q68. Is the action of some police officers arranging compromise
subtly insisting the poor to tow the line of rich or else face the
, is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand
his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi
narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the
misuse of office , criminal acts by judges from munsiff court to
of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such
accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or
has it just
ended with their resignation from services or his superior judge not
him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed /
guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges
the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on
affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher
what action is initiated against lower court judge for making unjust
meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against
made , why the accussed – judges are not subjected to tests like “poly
lie detector , brain mapping , etc” , in the interest of justice &
Q85. judges are not employees of government , so they are ineligible
to be the
members of “Karnataka state government judicial department house
co-operative society”. Then how come , many judges including supreme
judges are admitted as members of this society & allotted prime
worth crores of rupees for a few thousands by the said society at said
– judicial layout , yelahanka , Bangalore ? while the ordinary members
peons , clerks in judicial department are waiting for a site since
years , is
not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central
or state government or government agency is one of the parties. How
or their family members , have received out of turn , favourable
sites , gas agency , petrol pumps , etc by the government ? is not
allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd
torture by police , is not the judge of the respective court which is
that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges &
officers for committing 3rd degree torture , on charges of attempt to
murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the
candidatures to various vacancies in that court from the public vide
notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish
merit ranking list of selected candidates along with my merit ranking
post of peon.
Q90. registrar , Bangalore city civil court , has called for the
various vacancies in that court from the public vide notification no :
ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list
selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while
custody or judicial custody , is not the respective judge dealing that
case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial
for periods far exceeding the legally stipulated sentence periods. For
a pick-pocketer is in jail for one year , the judge finds him guilty
& gives him 3 months sentence. What about the excess punishment of 9
not the judge responsible for the illegal , excess punishment of the
what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge
as innocents & acquits them of the charges. What about the prison
sentence , the
innocent has already served ? is not the judge responsible for this
unjust punishment to an innocent ? remedy ? what action against the
Q95. does the privileges of judges cover both their official actions &
actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions
as judges &
their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges
, constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from
bar , as the
Q100. what is the criteria adopted for appointment of retired judges ,
governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled
scheduled tribe , other backward classes , minorities & women are
supreme court , state high courts & subordinate courts ? kindly
Q102. what are the legal measures enforced by judiciary , to enforce
accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of
Q104. does the judges arrange for distribution of alchoholic drinks at
official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic
drinks , in
their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high
judges & newly selected women judges involved in roost resort scandal
, Karnataka ?
Q107. when common people / tax payers & even government employees are
getting proper health care from government at government hospitals. Is
& just to provide premium health care to judges , constitutional
at 5-star private hospitals in India , abroad , all at tax payer’s
Q108. are the judges subjected to periodical health check-ups to
health , mental faculties & mental balance in the midst of all work
emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting
seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing
in a case ?
Q112. why my appeal to honourable supreme court , to make me as an
curie” in late P.M Rajiv Gandhi’s assassination case , was not
considered by the
Q113. what is the criteria adopted by judiciary , for initiating suo-
Q114. numerous cases of injustices are reported in the media daily ,
supporting evidences . why not the judiciary take suo-motto action in
Q115. legal aid boards pre-judge the cases in the name of taking legal
before providing legal aid to the needy ? is it not needy person’s
Q116. is not the safety of witnesses , parties in cases responsibility
court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during
police custody / judicial custody / prison sentence right ? what
Q118. when the corrupt police officer & government prosecution
cover-up evidences , conducts improper investigation intentionally to
case – to cover-up rich crooks , high & mighty people , what action
in such cases ?
Q119. how does the judiciary monitor the wealth growth of police ,
advoctes , tax officials , officials of licensing authorities , to
& fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist
to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-
positions like district / taluk magistrates , tax officers , revenue
land acquisition officers , etc. how the judiciary monitors over their
quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of
rights watch , do offer my free services to honourable supreme court
of India ,
to apprehend corrupt judges , are you – the honourable court ready to
Q123. what are the status of my appeals , sent to the honourable
of India , through government of india’s on-line grievance system
( DPG & DARPG
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/
DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/
DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/
DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/
DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/
DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 ,
DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/
DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/
DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/
DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/
Q124. the appeals made to the honourable supreme court of India ,
which are available at following web pages
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing
crimes – rape
, attempt to murder , swindling government money , untouchability
practice , the
disrespect to national flag , sale of judicial orders , bail , receipt
monetary gains by way of royalty for books , prime real estate
discounted rate , taking round about long foreign tours along with
family in the
name of official work , etc. by this way , judges themselves are
of court , constitution of India & citizens of India. How you are
honour of the judiciary , constitution of India & citizens of India ?
Q126. Is the government giving any facilities / affirmative actions to
policemen’s family as being given to defense personnel , ex-servicemen
families , like preferential site allotment , lpg agency , ration
reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to
is on par with defense forces.
Q127. is not some high police officials addressing their subordinates
singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term,
public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health,
prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged
innocent person of criminal acts , resulting in his confinement in
finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such
police personnel & pay it as compensation to victims of police
Q132. does our Indian constitution legally permit a citizen of foreign
naturalized by marriage to an Indian or naturalized by option , to
constitutional office ?
Q133. during british rule in india & various other british colonies ,
cases were foisted against our freedom fighters in India & other
colonies. After india’s independence what happened to those cases ?
Indian government close all such cases or did it continue with the
Q134. in how many cases GOI & other state government continued with
prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash
Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s
colonies , to
face prosecution after India gained independence ? HAS GOI RECEIVED
FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide
information to me as
per my RTI request appeal no : 91 / 2007 in response to your letter
no : F1 /
RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me
information as per
my rti request , he transferred my application to others , in turn
transferred the application to some others. Finally , complete
information was not given , why ? as the union home secretary has got
all those replies in response to transferred RTI application , will he
send me a
consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court ,
seen how defense advocate mr. R.S.ANAND & prosecution advocate mr.
a secret pact to win the case in favour of rich criminal , totally
prosecution witnesses , evidences & prosecution stand , totally making
of justice system . how you are ensuring the delivery of justice ,
numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields
more than the Prime Minister himself over the government of India
chair person of UPA. Is she legally permitted to summon confidential
records , minutes of the cabinet , to hold the cabinet meeting of
Q141. As per law , is she permitted to hold constitutional offices
minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under
constitution (Article 21) ?
Q143. What are the privileges conferred on legislators &
parliamentarians by the
constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries,
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned
constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed
constitution, above the privileges of the constitutional functionaries
or below ?
Q149. Can the Indian legislatures & parliament be equated to the House
commons in England which is considered to be a superior court and
Q150. Can the division of powers, namely the legislature, the
executive and the
Judiciary, be equated to the functioning of the House of commons and
Lords in England ?
Q151. Can a citizen be said to have committed breach of privilege of
or court and causing contempt of the house or court by raising the
accountability of constitutional functionaries ?
Q152. Can a Legislature or Parliament enact a new law, to circumvent
nullify the Judicial orders with respect to wrongdoings by peoples
representatives & executive ? does not it amount to infringement of
powers & contempt of the court by the House.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than
duties of a constitutional functionary or equal in importance to it ?
Q154. Can a constitutional functionary commit crimes, anti-national
in the name of constitutional duties, behind the legal veil of
act & go unaccountable for his actions and go unpunished by his legal
Q155. Are the Legislators members of parliament, High court & Supreme
Judges and other constitutional functionaries not willing to codify
privileges for the reason that if codified their privileges would be
and their action would be subjected to legal scrutiny. ?
Q156. By votes of citizens Legislators and parliamentarians get seats
legislature and Parliament out of tax payer’s money, they get their
pay, perks &
lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is
(More valid) or a seat of legislator or parliamentarian is above or
in a democracy ?
Q157. Judges & Constitutional functionaries are indirectly appointed
by voters /
tax payers. Out of tax payers money, they get their pay, perks & lead
luxurious lifestyles. Hence, whether the vote of a citizen,
of a tax payer is above (more valid) or a seat of judge /
functionary is above (more
valid) in a democracy ?
Q158. If there is a vacuum in the Legislature or parliament, who is to
that vacuum till such time that the legislature or parliament acts
solution by performing its role by enacting proper legislation to
field (vacuum) ?
Q159. While it is an unhealthy practice for a Judge to claim to be a
his own cause, is it not worse for the members of the legislature and
to be judges in their own cause ?
Q160. Are the Technicalities of the case more important to a judge or
a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto
respect to numerous cases of injustices reported in Media ?
Q162. Why not the Judges admit various cases of Injustices affecting
the Public Interest Litigation” ? In some cases, the Public or the
representing them is unable to afford the high cost of the case. Why
legal aid is given ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal
Q164. Communication – free flow of information is the lifeline of a
Why the constitutional functionaries are not honouring the Right to
of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of
, justice. P.D.DINAKAR , gave a blanket withdrawal of all internal
enquiries against approximately 200 judges , is it just & legal ? give
names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty
Q168. Why you did not give information to me as per RTI Act inspite of
History of Corruption in Indian Judiciary since Independence: 1947 –
1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges &
Constitution Framers: Our Fore-Fathers represented by Constituent
Assembly of India framers of Constitution of India then in 1949 (year
before Consitution came into existence) impeached Mr. Justice Sinha;
finding him “guilty of improper exercise of Judicial functions, the
cumulative effect of which was to lower the dignity of his office and
undermine the confidence of the public in the administration of
Such/ similar acts/ behaviours by whom-so-ever including Judges is
since 1971 is covered as an act of Criminal Contempt of Court [041.05
]. Not a single Judge is either Impeached or hauled-up for Contempt
Peoples’ Inner Hope Courts to maintain their Majesty & Dignity will
prosecute 1000 Judges in context, who have tarnished & undermined the
Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally
the convinences-N-comforts provided even to innocent citizens or
persons who were not having Rs. 100 to give as Bail. Then they will be
in better position to Transform Jails into Reformation Centres.
Jailing corrupt Judges by Judges , we hope will instill confidence of
people in Courts & law. Who-is-who of India then only will scare to
get into any scam nor Criminals will think of becoming Legislators.
1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India
permitted Central Bureau of India to file case of Dis-proportionate of
Income / wealth against Chief Justice Madras High Court Mr. K.
Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years
elaped. Sheltered by Courts’ easy-go-tactic. [049.04] [059.05 ]
1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K.
Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty
of several charges. Supreme Court of India also upheld guilty of 3-4
charges ; & recommended to Parliament for further action.
Parliamentarians failed in their Duty to Impeach the Sitting Judge of
Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of
Eminent Constitution makers ; but chose to have unholy alliance with
Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ].
Supreme Court which upheld Charges of Mis-Behaviour also , we opine ,
failed to prosecute him under Contempt of Court Act & relevant Laws .
It also failed ” To Do Complete Justice” by invoking Article142 .
Criminal Judge was allowed to go scot-free; both by Parliament &
Supreme Court !
Good precedent for other Judges ? If so What kind of message to
we-innocent-Citizens ? For almost complete proceedings in SC &
Parliament: [008.00 ]
1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High
Court was forced to resign in 1995 after it was found that he had
received Rs.70 lakh as book advance from a publishing firm known to
have links with the underworld.
1996 AJIT SENGUPTA: The Calcutta High Court judge made it a
routine to issue ex parte, ad interim stay orders on anticipatory bail
pleas from smugglers having links with the Mumbai underworld. He was
arrested in 1996 for FERA violations after retirement
1994 to 1997: A.M. AHMADI: When he was Chief Justice of India
(October 1994-March 1997), his daughter, a lawyer in the Delhi High
Court, caused eyebrows to be raised for getting “special” treatment
from certain judges. When some members of the bar sought a resolution
banning lawyer relatives of judges from staying in the same house, the
CJI got members to defeat the motion.
2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of
using his position to get the subordinate judiciary to rule in favour
of his wife and mother-in-law in a suit that had been barred by
limitation for two decades.For more: [049.05] [049.05A] [049.05B]
[049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram
Jethmalani’s ” BIG EGOS, small men “. (b) Supreme Court , while he
was CJI,directed a CBI probe after a dispute arose over his age in
2000. The investigation report was not made public.This arose due to
scan copy published in Ram Jethmalani’s ” BIG EGOS, small men “.
2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that
a deputy registrar of the Rajasthan High Court had sought sexual
favours for himself and for Justice Arun Madan to “fix” a case in her
favour. Justice Mr.Â• Arun Madan . Case of Lady Sunita Malviya.STATUS:
A committee set up by former CJI G.B. Pattanaik found prima facie
evidence against Madan, who does not attend court anymore. Judge
CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought
the help of disgraced PPSC chief R.P. Sidhu to ensure that their
daughters and other kin topped examinations conducted by the
commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh
have resigned M.L. Singh continues, though no work is allotted to him.
2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November
3, 2002, three judges of the Karnataka High Court, along with two
women advocates, allegedly got involved in a brawl with a woman guest
at a resort. The police arrived but reportedly didn’t take action.
Judges are N.S. Veerabhadraiah , V. Gopalagowda &Â• Chandrashekaraiah
.STATUS: The three-judge inquiry committee appointed by the CJI filed
its report. Gave clean chit.
March 2003 – Delhi High Court Judge resigns: Suspected of collusion
with Property Developers. Raids by CBI on corrupt higher officials in
Delhi Development Authority (DDA), found Draft Judgement-N-Court
E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is
ultra vires Article 14 of Constitution of India: ” The State shall not
deny to any person equality before the law or the equal protection of
the laws within the territory of India”
Following Questions / Issues, inter alia , arise
( a ) Enquiry in-camera was held contrary to the observations made by,
Constituent Assembly of India in 1949. In its’ Impeachment Order had
held thus:”While we are alive to the desirability, in the interests of
the public, of investigating charges against a Judge in open court, we
held the Enquiry in-camera in view of the allegation made in the
affidavits and the circumstances of the case. This mode of proceeding
should not, however, be regarded as a precedent.” [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of
Chief Justice of India in Jusice V. Ramaswami’s case , Justice
Ramaswami had held that ” Inquiring Committee” as well as ” Inquiry”
have no basis & force of law. It is reflected in the Report , which
was read-out by CJI to Advocates & publicised , submitted by 3 Judges
Committee thus” Indeed Justice Ramaswami had made it clear to the
Chief Justice that he did not recognise any such Jurisdiction in any
body or authority.”
(c) It will not be out-of place to mention here that Two of “Three
Judges Committee ” appointed by CJI in Re. V. Ramaswami’s case are
alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like
Criminal investigating another criminal .
( d ) If so how sure can we be that ” 3 Judges Committee ” appointed
to invetigate ” 3 Judges Mysore Sex Scandal ” were un-biased or were
above Board & have presented an accurate Report ?
Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges’ Mysore Sex Scandal
( a)” Will the Supreme Court Publicise Report of ” 3 Judges Committee
” ( all & sundry material); morefully to know whether any evidence
adduced by many in support of Scam is informed to CJI & Supreme
(b) What is the Guarantee that despite prima facie evidence Judges of
Supreme Court which consists of Few corrupt Judges seved in Karnataka
are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies
within Executive Domain like the case Justice K.Veeraswami, in this
case CBI . Is it not a case of hushing-up & messing-up of ” 3 Pillars
of Constitution ” ?.
(d) How long will you try keeping suppressed Crimes of Judges of
Supreme Court & High Courts when Union Law Minister Mr. P. Shiva
Shankar , on 28th Nov.1987 said ” Supreme Court is filled with FERA
violators & Bride Burnersâ€¦” ( AIR 1988 SC 1208 ). When Chief Justice
Of India Justice E.S. Venkataramaiaha admits that “in every High Court
there are 3-4 Judges who are out every evening to Party in Foreign
Embassiies or at Advocates’ placesâ€¦drinkâ€¦dineâ€¦” (1990 Cr LJ 2179
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India
Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges
of India are not corrupt & are above board to be bribed or influnced ?
Then why cases are not filed against 20% of Judges ?
India Together: New law needed for witness protection, from Volume 4,
1, of Combat Law
New law needed for witness protection
There is an urgent need to bring forth a bill of right to preserve
protect victims’ and witnesses’ rights, and due process. This is
to ensure that such persons participate in the legal process without
so that justice can be assured, says H Suresh.
Combat Law, Vol. 4, Issue 1 – On 8th August 2003, in the case of
Human Rights Commission v. State of Gujarat, the Supreme Court
that “no law has yet been enacted, not even a scheme has been framed
Union of India or by the State Government for giving protection to
witnesses.” Later on in the case of Zahira v. State of Gujarat, while
transferring what is known as the Best Bakery Case, to Mumbai by its
dated 12th April, 2004, directed: “The State of Gujarat shall also
that the witnesses are produced before the concerned court, whenever
are required to attend them, so that they can depose freely without
apprehension of threat or coercion from any person. In case any
for protection, the State of Maharashtra shall also provide such
as deemed necessary, in addition to the protection to be provided for
State of Gujarat.”
Between August 2003 and April 2004, neither Gujarat nor Maharashtra
framed any witness protection scheme. The Supreme Court itself did
out any guidelines for witness protection in either of these two
erstwhile trial in Gujarat was an ‘over-hasty stage-managed, tailored
partisan trial.’ The worst culprit was the State of Gujarat itself
its agencies. The censure and the reprimand, were all directed
State and its modern day Neros. “When fences start to swallow the
scope will be left for survival of law and order or truth and
Public order as well as public interest become martyrs and
monuments.” It is
unfortunate that the State of Gujarat itself was entrusted with the
responsibility of protection to the witnesses, as the case stood
to Maharashtra. The witnesses now are in the same predicament as
the re-trial that is going on in Mumbai.
It is said that, in India, in most of the cases involving rich
persons or corrupt politicians, crucial witnesses turn hostile,
rule of law, a mockery. Very often witnesses become untraceable.
they are just eliminated.
Recommendations by Commissions
The Law Commission in its 14th Report (1958) referred to
‘witness-protection’, but that was in a limited sense. That related
proper arrangements being provided in the Courthouse, the scales of
travelling allowance, their daily allowance etc. The National Police
Commission Report (1980) again dealt with the inadequacy of daily
for the witnesses, but nothing more. The 154th Report of the Law
1996 contains a chapter on Protection and facilities to Witnesses.
recommendations mostly related to allowances and facilities to be
available for the witnesses. However, one of the recommendations was:
“Witnesses should be protected from the wrath of the accused in any
eventuality”, but, again, the Commission did not suggest any measures
the physical protection of witnesses. The 178th Report of Law
again, referred to the fact of witness turning hostile, and the
recommendations were only to prevent witnesses from turning hostile.
Report suggested an amendment to insert S.164 A to the Code of
Procedure, as under:
164 A (1) Any police officer making an investigation into any offence
punishable with imprisonment for a period of ten years or more (with
without fine) including an offence which is punishable with death,
the course of such investigation, forward all persons whose evidence
essential for the just decision of the case, to the nearest
recording their statement.
(2) The Magistrate shall record the statements of such persons
him under sub-section (1) on oath and shall keep such statements with
awaiting further police report under Section 173.
(3) Copies of such statements shall be furnished to the investigating
(4) If the Magistrate recording the statement is not empowered to
cognizance of such offence, he shall send the statements so recorded
magistrate empowered to take cognizance of the case.
(5) The statement of any person duly recorded as a witness under sub-
(1) may, if such witness is produced and examined, in the discretion
court and subject to the provisions of the Indian Evidence Act, 1872,
treated as evidence.
No Government has accepted this. The latest is Malimath Committee
which contains a casual statement that a law should be enacted for
protection to witnesses and their family members, without specifying
provision or scheme whatsoever.
It is ironic that draconian laws like Terrorist and Disruptive
(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,
protection of witnesses. The prosecution as also the Court could
the identity and the address of the witness be kept secret. The Court
even avoid the mention of the names and addresses in its order or
It is generally perceived that these provisions were incorporated not
any concern for the witnesses, but to prevent the accused from
effective defence and to deny fair trial.
In India, in most of the cases involving rich influential persons or
politicians, crucial witnesses turn hostile, making the rule of law,
Under S.151 and 152 of Indian Evidence Act, 1872, victims and
protected from being asked indecent, scandalous, offensive questions,
questions intended to annoy or insult them. Otherwise, there is no
provision for protection of witnesses, as against threats,
any inducement whereby they are prevented from telling the truth.
often, when an accused is released on bail, one of the terms and
imposed by the Court on the accused, is that he shall not tamper the
evidence, or approach the witnesses. This, again, is not as a
protection of the witnesses, but only to ensure the trial is not
infructuous. Judges also hold in-camera trials to ensure deposition
witnesses without any fear or embarrassment. Recently the Supreme
permitted recording of evidence by video-conferencing. All these are
inadequate without a specific legal provision guaranteeing protective
measures to victims before the trial and also after the trial.
Under the English law, threatening a witness from giving evidence, is
contempt of Court. So also any act of threat or revenge against a
after he has given evidence in Court, is also considered as contempt.
Recently the U.K. Government has a law known as Criminal Justice and
Order Act, 1994 which provides for punishment for intimidation of
S.51 of the Act not only protects a person who is actually going to
evidence at a trial, but also protects a person who is helping with
help with the investigation of a crime. Under a similar law in
Crimes Ord (Cap 200) HK, if the threat or intimidation is directed
against a friend or relative of the witness, that becomes a
In the United States, the Organised Crime Control Act, 1970 and later
Comprehensive Crime Control Act, 1984 authorised the Witness Security
Program. The Witness Security Reform Act, 1984 provides for
other protection of a witness or a potential witness in an official
proceeding concerning an organised criminal activity or other serious
offence. Protection may also be provided to the immediate family of,
person closely associated with, such witness or potential witness if
family or person may also be endangered on account of the
the witness in the judicial proceeding.
The Attorney General takes the final decision whether a person is
for protection from bodily injury and otherwise to assure the health,
and welfare of that person. In a large number of cases, witnesses
protected, relocated and sometimes even given new identities. The
assists in providing housing, medical care, job training and
obtaining employment and subsistence funding until the witness
self-sufficient. The Attorney General shall not provide protection to
person if the risk of danger to the public, including the potential
innocent victims, overweighs the need for that person’s testimony. A
program is in Canada under Witness Protection Act, 1996. The purpose
Act is “to promote law enforcement by facilitating the protection of
who are involved directly or indirectly in providing assistance in
enforcement matters” [Section 3]. Protection given to a witness may
relocation, accommodation and change of identity as well as
financial support to ensure the security of the protectee or to
his becoming self-sufficient. Admission to the Program is determined
Commissioner of Police on a recommendation by a law enforcement
agency or an
international criminal court or tribunal [Sections 5 and 6]. The
protection depends on the nature of the risk to the security of the
the value of the evidence and the importance in the matter.
The Australian Witness Protection Act, 1994 establishes the National
Protection Program in which (amongst others) the Commissioner of the
Australian Federal Police arranges or provides protection and other
assistance for witnesses [Section 4]. The witness must disclose a
information about himself before he is included in the Program. This
includes his outstanding legal obligations, details of his criminal
details of his financial liabilities and assets etc. [Section 7]. The
Commissioner has the sole responsibility of deciding whether to
witness in the Program.
The Witness Protection Act, 1998 of South Africa provides for the
establishment of an office called the Office for Witness Protection
the Department of Justice. The Director of this office is responsible
the protection of witnesses and related persons and exercises control
Witness Protection Officers and Security Officers [Section 4]. Any
who has reason to believe that his safety is threatened by any person
group or class of persons may report such belief to the Investigating
Officer in a proceeding or any person in-charge of a police station
Public Prosecutor etc. [Section 7] and apply for being placed under
protection. The application is then considered by a Witness
Officer who prepares a report, which is then submitted to The
[Section 9]. The Director, having due regard to the report and the
recommendation of the Witness Protection Officer, takes into account
following factors, inter alia, [Section 10] for deciding whether a
should be placed under protection or not:
The nature and extent of the risk to the safety of the witness or
The nature of the proceedings in which the witness has given evidence
be required to give evidence.
The importance, relevance and nature of the evidence, etc.
In European countries such as Italy, Germany and Netherlands, the
Protection Programme covers organised crimes, terrorism, and other
crimes where the accused already know the witness/victim.
It is ironic that draconian laws like Terrorist and Disruptive
(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,
protection of witnesses.
A comprehensive witness protection programme is in the Philippines.
law, the Witness Protection Security and Benefit Act, aims to protect
witnesses and grant them certain rights and benefits to ensure their
appearance in investigative bodies/court. Protection is given to
in cases involving grave offences. Sometimes protection could be
given to a
person who has participated in the commission of a crime but desires
to be a
witness for the State (such as approvers). Before a person is
protection under this Act, he/she shall first execute a Memorandum of
Agreement with the Secretary of Department of Justice, which shall
the witness’ duties and responsibilities such as, but not limited to,
To testify before and provide information to all appropriate law
officials concerning or arising from the activities involved in the
To avoid the commission of a crime;
To take all necessary precautions to avoid detection by others of the
concerning the protection provided him under the Act;
To comply with legal obligations and civil judgements against him;
To cooperate with respect to all reasonable requests of off1icer and
employers of the Government who are providing him protection.
To regularly reform the program officials of his current activities
To comply with such other conditions as may be imposed by the
Once a person/witness has been accepted under the witness protection
program, he/she shall have the following rights and benefits:
To have a secure housing facility or, when circumstances warrant, to
relocation and/or change of personal identity at the expense of the
To have a means of livelihood and financial assistance from the
his support and that of his family.
Not to be removed from or demoted in work provided his/her employer
notified through a certification to be issued by the Department of
Further, he/she shall be paid his/her equivalent salaries or wages
corresponding to the number of days of absence.
To be provided with reasonable travelling expenses and subsistence
To be provided with free medical treatment, hospitalisation and
If a witness is killed because of his participation in the Program,
heirs shall be entitled to a burial benefit of not less than Ten
Pesos P10,000.00 exclusive of any other benefit he may be entitled
In case of death or permanent incapacity, his minor or dependent
shall be entitled to free education from primary to college level in
state or private school, college or university as may be determined
Department of Justice. However, if the witness covered by the scheme
or refuses to testify, he would be liable for contempt and also for
if he testifies falsely or evasively.
International Criminal Court
The need for setting up separate victim and witness protection units
trial of mass crimes has been acknowledged in the setting up of
international tribunals to deal with them. The International Criminal
Tribunal for Rwanda has formulated rules for protection of victims
witnesses. Similar provisions exist in the Statute for the creation
International Criminal Court (ICC). In most of the cases, witnesses
victims of the crime. And the most vulnerable amongst them are women
children. Under the existing system they are mere pawns in a criminal
and there is very little concern for protecting their real interests.
protection is necessary so that there is no miscarriage of justice;
protection is also necessary to restore in them, a sense of human
which stands shattered in a situation like Gujarat carnage.
The Declaration of Basic Principles of Justice for Victims of Crime
Abuse of Power was adopted by the United Nations General Assembly in
resolution 40/34 of 29 November 1985. According to the first
this declaration, victims of crime are described as persons who,
individually or collectively, have suffered harm, including physical
mental injury, emotional suffering, economic loss or substantial
of their fundamental rights, through acts or omissions that are in
of criminal laws operative in Member States, including those laws
proscribing criminal abuse of power. It is they who need protection.
Urgent Need for a Law
As it is, as we have seen in Best Bakery case, the person who is most
to suffer is Zahira, herself. She had seen the crime; she had seen
criminals, but when time came for her to be bold enough to depose
Court, she found that she was in an atmosphere which was wholly
her – the prosecutor, the defence lawyer, the accused, the supporters
accused – perhaps the judge whom she was not sure of. The trial
mockery. Later on, when she was resurrected by the efforts of well-
N.G.Os, and the Supreme Court transferred the case to Mumbai,
there was a feeling that justice will be done to the victims.
she is again caught in the same quandary. So, again she becomes a
witness, liable for perjury and also liable for contempt of court. Is
any legally just and fair solution for this conundrum of these events?
Protection is also necessary to restore a sense of human dignity
stands shattered in a situation like Gujarat carnage.
Therefore, there is an urgent need to bring forth a bill of right to
preserve and protect victims’/witnesses’ rights, justice and due
Such a bill should include the following: To be treated with
respect, and dignity, and to be free from intimidation, harassment,
abuse, throughout the criminal justice process.
To be informed, upon request, when the accused or convicted person is
released from custody or has escaped.
To be present at and, upon request, to be informed of all criminal
proceedings where the accused has the right to be present.
To be heard at the time of the granting of bail to the accused and
To confer with the prosecution, after the crime against the victim
charged, before a criminal court.
To receive prompt restitution from the person or persons convicted of
criminal conduct that caused the victim’s loss or injury.
To be heard at any proceeding when any post-conviction bail from
custody is being considered by a competent court of law.
To a speedy trial and prompt and final conclusion of the case after
conviction and sentence.
To frame rules and provide for a witness protection programme which
remain in force not only before the trial, but also thereafter. The
should also provide for recording of evidence of such witnesses,
on filing the charge-sheet, de-bene-esse-, while the rest of the
be held in due course. Since tele-conference has been recognised,
witnesses could be examined and cross-examined through tele-
methods. AND above all,
To be informed of victims’ constitutional rights.
Combat Law, Volume 4, Issue 1
(published May 2005 in India Together)
H Suresh is a retired judge of the Mumbai High Court.
PROTECTION OF WITNESSES IN CRIMINAL CASES
o JESSICA LAL MURDER CASE & GUJARATH RIOTS
In the 7 year old jessica lal murder case , all the accussed –
children of rich & mighty have gone scot free , for lack of both
prosecution & witnesses. The culprits have forced the witnesses to
remain silent through the use of muscle & money power. The
investigating police official, from the beginning has done roughshod
work & also have played a role in silencing witnesses. I.O MORE RICHER
NOW? PROMOTIONS? The presiding judge of the court has overlooked many
omissions & commissions by the prosecution and in a hurry closed the
case , acquitting all the accussed. Reward for judge – promotion as
high court judge. In this way, the police-prosecutor-judge were
together ganged up against the victim from the beginning. Also, the
witnesses were afraid of brute muscle power of rowdies & rowdies in
Now, take the gujarath riots case. In the first place riot took place
under the active patronage of gujarath state government machinery.
Naturally the police , prosecutors & judges in gujarath were against
the riot victims & closed one case after another, acquitting the
guilty. However the apex court got transferred riot cases out of
gujarath , under public pressure. However, even the apex court failed
to instill confidence , in the prime witness of best bakery case , the
apex court failed to positively reassure the witness of her safety &
livlihood. As a result , out of fear she became hostile- went on
changing her statements.
In this manner, numerous low profile cases involving commonman are
buried , witnesses silenced by the corrupt nexus of police-prosecutor-
judge. They don’t even draw media attention as they are low profile.
Drastic reforms of criminal justice system in india is needed.
Punishing the hostile witness is not the solution. Accountability of
investigating officers , police , prosecutors & judges is needed.how
come some police officials , public prosecutors & judges are leading
luxurious lifestyles, beyond the scope of their legal income?
Recently in the media there was mention of a C.D of alleged
conversation between samajvadi party M.P mr.amar singh & U.P chief
minister , about influencing a high court judge & fixing a case. This
is the way our judiciary functions in india. Rewards for corrupt
judges – out of turn promotions, post retirement postings , postings
to kith & kin , land allotments , etc.
Accountability of judiciary & investigating agencies is the need of
the day. Let us start with polygraph tests for I.O , POLICE , PUBLIC
PROSECUTOR & JUDGE of jessica lal murder case.
Reproduced from The Times Of India August 16, 2007 page10
We do frame people, says NCB official
Sub-Inspector Tell HC How They Plant Drugs On Innocents
Abhinav Garg / TNN
New Delhi:It’s been suspected by many, but confirmation of the police falsely implicating people by planting drugs on them has now come from the policeman himself who has been accused of planting drugs on two innocent people.
Sub-Inspector Ranbir Singh of the Narcotics Control Bureau (NCB) admitted at the Delhi High Court that testing kits for checking banned drugs wereoften defective. What’s more officers often replaced the recovered substance with lethal drugs in order to implicate them. A shocked court has summoned the NCB director to explain the charge.
Ranbir is himself tainted of this grave abuse of authority. There is an FIR against him for falsely implicating rwo persons under the harsh Narcotics Drugs and Psychotropic Substances act. He claimed to have recovered 100gm heroin from them which later turned out to be harmless paracetomal powder.
The officer is now seeking to get the FIR quashed and in his defence has claimed that he was not the only one who framed people, several other officers did the same.
The Judge has also summoned the Kamala Market Narcotics Cell in-charge from whose area Singh allegedly picked up the two persons.
The Director and the Cell in-charge will have to explain before the court as to how these two innocents were booked and thrown into jail when two forensic reports clearly stated that the substance in question was paracetomol.
The case in which Singh is involved took place in March last year. Gyanender and Santosh were arrested by him for alleged possesion of heroin. The substance was sent for testing to two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported back that the powder was’nt heroin but just parecetomal.
After this came to light, the additional sessions judge hearing the case acquited the two men and recommended that an FIR be lodged against Singh as the two undertrials had to languish in jail because of the wanton abuse of authority.
The high court, while hearing a petition filed by Singh seeking quashing of FIR against him found it intriguing that even when the investigating team is equipped with “field testing kit” to test the contraband, they had mistaken paracetomal powder for heroin. Upon which Singh revealed that kits were often defective and that officers also changed the actual recovered substance with banned contraband.
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