can judgement be manipulated in india ?


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e – Voice Of Human Rights Watch – e-news weekly

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R….vol.4 . issue.34……23/08/2008

Editorial : CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? – WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?

New Delhi, August 21 The Delhi High Court imposed a four-month ban on senior advocate R K Anand and colleague I U Khan on Thursday for interfering with judicial proceedings in the high-profile BMW hit-and-run case. A fine of Rs 2,000 was levied as well.

On May 30, 2007, television channel NDTV caught both lawyers in a “sting” operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook.

A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt.

“The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand… There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case,” observed the court, which had taken suo motu cognizance of the expose the day after it was aired.

“Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc,” said the Bench.

The court desisted from commenting on the conduct of Kulkarni, saying it would not be “proper” to do so.

Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, “the unshakeable truth is that Mr Anand is guilty of criminal contempt of court”.

Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such “sharp practices”. “Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha,” noted the Bench.

The court said it knew Khan for his legal acumen and forensic skills — “perhaps the reason why he was appointed Special Public Prosecutor in the BMW case”. High expectations over Khan fell apart when his conduct “betrayed the trust that prosecution reposed in him… what he did was perhaps beyond the realm of contemplation of the prosecuting agency”.

Chastising the two for their misconduct, the Bench said: “We are not dealing with a young lawyer who, driven by ambition and desire… transgresses the limits or unwittingly or unknowingly commits criminal contempt. We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar.”

The court forwarded a recommendation that the two be “stripped of their designations as senior advocates”. The High Court Registrar General will put up the court’s recommendation before Chief Justice AP Shah within a month.

In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest.

R K Anand
Began legal career in Delhi’s Tis Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly polls in Himachal Pradesh in February 2003.

High-profile cases:
* In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi’s death
* Narasimha Rao in the JMM bribery and the St Kitts case
* Chandraswami in the FERA violation case
* H K L Bhagat in the 1984 anti-Sikh riots case
* Former external affairs minister Natwar Singh’s son Jagat Singh in the murder/suicide of his wife Natasha Singh

I U Khan
One of the top five criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW case. Began his career in late 1960s, and came intio spotlight in 1980s.
* Defended Sushil Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple murder, former Youth Congress President Romesh Sharma in several cases and Tony Gill in Jessica Lall murder case

When prosecution & defence lawyer together team up along with corrupt police / public servants and manipulate evidences / records , the court is helpless and will acquit the accussed for lack of evidences eventhough the presiding judge is of impeccable integrity , honesty , he is help less. Add to this , if the presiding judge happens to be corrupt & teams up with the criminal nexus , the result is devastating , the rich criminal will get away & the innocent will suffer punishment in some cases even death sentence.

Who will bell these few corrupt among the judiciary , bar , police & public service ? why not prison sentence for two leading advocates on criminal charges of contempt of court , destruction of evidences ? are they above law ? why favouritism by court to the guilty in awarding punishment to guilty two advocates as they happen to be political influential ? will the court let a common man so leniently for the same charges ? In the past cases dealt by these corrupt duo advocates , there are possibilities that the same tactics of manipulation of evidences , prosecution is done to win the cases , to free the rich criminals , why not review of the cases dealt by these corrupt advocates ?

The honest few among judiciary , bar , police & public service must uphold our constitution , rule of law & bring to book their corrupt colleagues. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.m.r.

CASH FOR JUDGEMENT

Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal Yadav who has gone on leave after her name is said to have figured in the statements of the main accused in the case involving the delivery of cash at another High Court Judge’s house, said today that she was a “victim of a vilification campaign.”

Speaking to The Indian Express at her Sector 24 residence here today, Justice Yadav said that “some influential persons were trying to shift the focus on her to save the real accused.”

Justice Yadav denied that former Haryana Additional Advocate General Sanjeev Bansal had talked to her on phone on August 13 when Bansal’s clerk “mistakenly” delivered a bag containing Rs 15 lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the High Court.

“Let any agency prove that I talked to Sanjeev Bansal on phone either on that day or any day in the past one month,” Justice Yadav said. “I am ready to face all consequences if this allegation is found true. I have had no dealings with Bansal. I have not received any money from Bansal or any of his associates. I am sure I will get justice.”

Justice Yadav said she had explained her position to High Court Chief Justice T S Thakur and had “proceeded on leave.” She said she would not hear any case until her name is cleared.

Sources close to her said that during her meeting with Justice Thakur yesterday evening, in which some other senior judges were also present, Justice Yadav offered to proceed on leave to “maintain the highest traditions of Indian judiciary.” Justice Thakur told The Indian Express that he had not asked Justice Yadav to proceed on leave and that it was her own decision.

It is learnt that in her meeting with Justice Thakur, Yadav vehemently denied any role in the entire role.

While acknowledging that she and some other members of her family had bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied that the money for purchasing the land came from Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case.

“Can’t a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by Bansal or Singh,” she is learnt to have told the Chief Justice. But she is learnt to have acknowledged, in her meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to have said that she came to know him through some other judges.

Meanwhile, highly placed sources in the High Court confirmed that Chief Justice Thakur is awaiting the return of Chief Justice of India KG Balakrishnan from Brazil to apprise him of the developments in the case. The Chief Justice is learnt to have asked the administrative committee, comprising senior judges, to monitor the case on a daily basis.

The Rs 15-lakh delivery: Story So Far

•August 13: Parkash Ram, an assistant to Haryana’s Additional Advocate General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court. Justice Kaur calls the police.

•Rajeev Gupta, Bansal’s friend and a property dealer, tells the police that the money reached there by mistake and it was meant for Nirmal Singh, another property dealer. Chandigarh Police decline to hand over the cash. Bansal is questioned

•August 16: A case is registered against Bansal, Parkash Ram and Delhi-based hotelier Ravinder Singh who allegedly organised the money

•Bansal resigns as Addl AG and surrenders on August 19

•August 21: Rajeev Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is arrested. The Inspector General of Police sends a report to the Chief Justice of Punjab and Haryana High Court. The report says that the money was meant for another judge.

•August 22: Justice Nirmal Yadav proceeds on leave

Caught in controversy is Solan plot that judge, 16 others purchased

CHANDIGARH, SOLAN, August 22: On August 14, according to revenue records, a plot measuring 11.1 bighas in Solan was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the transaction, obtained by The Indian Express, show that the land was purchased by her and 16 others from six persons, all residents of village Rihun Pargana, near Kumharhatti in the Solan district of Himachal Pradesh.

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 Singh.”

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 Yadav.

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. Gupta.

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 Sept 2002.

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 generations.

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.

Thanks
Rajeev

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 said.

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.

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