Questions Chief Justice of India is NOT Answering

[rna...@yahoo.com]

S.O.S - eVoice For Justice - e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraj.M.R.. vol.6.issue.39. ...25/09/2010

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html

Editorial : Half of Former Chief Justices of India are Corrupt

DOUBLE STANDARDS OF SUPREME COURT OF INDIA & KARNATAKA POLICE -
PIL Appeal To Honorable Supreme court of India For Writ of Mandamus

Information input forms part of process of one’s expression. One’s
expression in any forms – written , oral , etc becomes information
input to the opposite person , in turn he expresses his reply.
Information & Expression are inseparable parts & form lifeline of a
democracy. That is the reason , Right to Expression is the basic
fundamental right as well as human right of every Indian citizen. When
a person’s right to expression is violated , his other rights to
equality , justice , etc also are violated. Suppression of
Information amounts to curbing of Expression.

In a democracy , people have a right to know how the public servants
are functioning. However till date public servants are hiding behind
the veil of Officials Secrets Act (which is of british vintage
created by british to suppress native indians). By this cover-up
public servants are hiding their own corruption , crimes ,
mismanagement , failures , etc. even RTI Act is not being followed
intoto by public servants. However the recent delhi high court ruling
affirming that CJI is under RTI purview & bound to answer RTI
request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI,
President of India , DG & IGP of GOK and others were not honored. The
information I sought were answers to the following questions mentioned
in the below mentioned websites . the questions concerned the past ,
present continuing injustices meted out to millions of Indian
citizens , due to wrong / illegal work practices of Indian judges ,
police & public servants . The information we sought would expose
the traitors , anti-nationals , criminals in public service. The
information we are seeking are no defense secrets , no national
secrets. The truthful information exposes the anti-nationals ,
traitors in the public service & strengthens our national security ,
national unity & integrity.

Hereby , I do request the honorable supreme court of India to consider
this as a PIL for : “writ of Mandamus” and to issue instructions to
the concerned public servants in the following cases to perform their
duties & to answer the questions. JAI HIND. VANDE MATARAM.

Your’s sincerely ,
Nagaraj.M.R.



POLICE NOT REGISTERING COMPLAINT AGAINST CHIEF JUSTICE OF
INDIA & OTHERS


From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
MYSORE - 570017.

Through,
Honourable DG & IG of Police ,
State Police H.Q ,
Bangalore.

To,

Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Mysore.

Honourable Sir,

Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by
Honourable Chief Jusice of India & H.E.Honourable President of India
& other public servants
Karnataka Police are NOT registering & acting on
my complaint to them dated 04.07.2009

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 DOES PUBLIC INTEREST LITIGATION
MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF
PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages ,
colas affecting the health of millions of Indians & public of
importing nations who are importing the same dangerous products from
india .
2. demolition , eviction of houses , lands belonging to poor dalits ,
tribals , backward castes by government authorities whereas
regularising illegal land encroachments , illegal buildings by high &
mighty people in total disregard to law. in some cases government has
even made contempt of court , by defying court orders & enacting
special laws all to favour rich land grabbers.
3. take the cases corporate frauds, violation of labour laws ,
pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants
leaking india's defense secrets to foreign countries & some
politicians , film stars attending parties hosted by anti nationals
DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these
type of appeals are for public good , national security , as public
are affected by them. still supreme court of india is not considering
our repeated PIL Appeals.the courts have the authority to consider
even a post card , e-mail as a PIL Appeal , the courts even have the
right to initiate suo-motto action for public good , inspite of
absence of any appeals / complaints. over & above this at the time of
my very first appeal my income was very low & i was a retrenched
factory employee who was eligible for free legal aid, even free legal
aid was not given to me. Now , even to my repeated RTI Appeals the
Honourable chief justice of India & H.E.Honourable President of India
are not giving the requested information . these action of CJI &
PRESIDENT OF INDIA is aiding high & mighty criminals , anti
nationals , amounts to suppression of information , truth ,
evidences , which is a cognizable offence.

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-court-of-india.html

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201

We do have highest respect for all constitutional bodies , public
servants , but it is an appeal to the honest few in public service ,to
bring to book their corrupt colleagues.The Honourable Chief Justice of
India & H.E.Honourable President of India have violated their oaths of
office , failed in their constitutional duties , suppressed material
truths / informations & thereby repeatedly violated my
Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS &
Obstructing me from performing constitutionally prescribed FUNDAMENTAL
DUTIES AS A CITIZEN OF INDIA.
Hereby , i do request you to legally prosecute the below mentioned
public servants viz
1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.
on the above mentioned charges. the whole issue of this news paper &
the related materials at the weblinks provided, forms part of this
complaint. If i am repeatedly called to police station or else where
for the sake of investigations , the losses i do incurr as a result
like loss of wages , transportation , job , etc must be borne by the
government. prevoiusly the police / IB personnel repeatedly called me
the complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
effective.
if anything untoward happens to me or my dependents , the governmentof
india is liable to pay Rs. one crore as compensation to survivors of
my family. if my whole family is eliminated by the criminal
nexus ,then that compensation money must be donated to Indian Army
Welfare Fund. afterwards , the money must be recovered by GOI as land
arrears from the salary , pension , property , etc of guilty police
officials , public servants & Constitutional fuctionaries. Thanking
you.
Jai Hind , Vande Mataram.


Date : 05.09.2010 your's sincerely,
Place : Mysore nagaraj.m.r.




……………………..DECLARATION………………………

Name : ...........................NAGARAJ.M.R.

Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017
INDIA

Professional / Trade Title : S.O.S - e – Voice For Justice

Periodicity : WEEKLY

Circulation : FOR FREE DISTRIBUTION ON WEB

Donations : NOT ACCEPTED. Self financing . Never accepted any
donations , subscriptions either for ourselves or on behalf of other
organizations / individuals .

Monetary gains : nil , never made any monetary gain by way of
advertisements on my websites or web news paper or otherwise.

Owner/editor/printer/publisher : NAGARAJ.M.R.

Nationality : INDIAN

Body Donation : Physical Body of Nagaraj M R , Editor , S.O.S- e –
clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS
Medical College , Mysore , In case of either Unnatural death or
Natural Death at the hands of criminal nexus , my body must be handed
over to JSS Medical College , Mysore for the study purposes of
medical students.

Eye Donation : Both EYES of Nagaraj M R , Editor , S.O.S- e – clarion
of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye
Bank , Mysore , In case of either Unnatural death or Natural Death at
the hands of criminal nexus , my eyes must be handed over to
Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye
transplantation to the needy.



Home page : http://groups.yahoo.com/group/naghrw ,
http://groups.google.co.in/group/hrwepaper/ ,
http://sites.google.com/site/sosevoiceforjustice/ ,
http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/
,
, http://naghrw.tripod.com/evoice/ ,
http://e-voiceofhumanrightswatch.blogspot.com ,

Contact : nag...@yahoo.com , nagar...@hotmail.com ,

Cell : 0 9341820313

I ,NAGARAJ.M.R. hereby do declare that information given above are
true to the best of my knowledge & belief. If i am repeatedly called
to police station or else where for the sake of investigations , the
losses i do incurr as a result like loss of wages , transportation ,
job , etc must be borne by the government. prevoiusly the police / IB
personnel repeatedly called me the complainant (sufferer of
injustices) to police station for questioning , but never called the
guilty culprits even once to police station for questioning , as the
culprits are high & mighty . this type of one sided questioning must
not be done by police or investigating agencies . if anything untoward
happens to me or to my family members like loss of job , meeting with
hit & run accidents , loss of lives , death due to improper medical
care , etc , the jurisdictional police together with above mentioned
accussed public servants will be responsible for it. Even if criminal
nexus levels fake charges , police file fake cases against me or my
dependents to silence me , this complaint is & will be effective.

If I or my family members or my dependents are denied our fundamental
rights , human rights , denied proper medical care for ourselves , If
anything untoward happens to me or to my dependents or to my family
members - In such case Chief Justice of India together with the
jurisdictional revenue & police officials will be responsible for
it , in such case the government of india is liable to pay Rs. one
crore as compensation to survivors of my family. if my whole family is
eliminated by the criminal nexus ,then that compensation money must be
donated to Indian Army Welfare Fund. Afterwards , the money must be
recovered by GOI as land arrears from the salary , pension ,
property , etc of guilty police officials , Judges , public servants &
Constitutional fuctionaries.



date : 05/09/2010…………………………..your's sincerely,

place : India…………………………………Nagaraj.M.R.



An Appeal to Shri.Sunil Thomas , Honourable Registrar (Admn) & RTI
Apellate Authority , Supreme Court of India , New Delhi.


From,
Nagaraj .M. R.
Editor , S.O.S e-Clarion of Dalit & S.O.S e-Voice for Justice,
# LIG-2 / 761 , HUDCO First Stage, Laxmikantanagar,
Hebbal , Mysore . PIN-570017 Cell – 09341820313

To ,
Shri. Sunil Thomas ,
Honourable Registrar (Administration) / RTI Appellate Authority ,
Supreme Court of India,
New Delhi.

Honourable Sir / Madam ,
Subject : APPEAL No.300/2010
Reference : Your Letter No.F.1/RTI/A.300/2010 dated 30.07.2010
On-Line Grievance Registration No . DPG/M/2010/80199

At the outset , we express our whole hearted respects to the honest
few public servants in public service including judiciary. However,
the corrupt in public service don’t deserve respect as individuals –
as they are parasites in our legal system. Still we respect the
chairs they occupy but not the corrupt individuals.

All the following articles / issues , whole articles published in the
weblinks mentioned below forms part of this appeal. The term “JUDGE”
mentioned throught includes all public servants discharging judicial
functions right from taluk magistrates , quasi-judicial officers to
Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is
for sale. It is a SHAME. The persons who raise their voice seeking
justice are silenced in many ways. The criminal nexus has already
attempted to silence me in many ways . If anything untoward happens to
me or to my family members , my dependents , Honourable Chief Justice
of India together with jurisdictional police officer will be
responsible for it.

Hereby, we do once again offer our conditional services to the
honourable supreme court of India & other government authorities, in
apprehending criminals including corrupt judges & police. Herewith ,
we once again appeal to the honourable supreme court of India , to
consider this as a PIL Appeal in public interest.

The public servants & the government must be role models in law
abiding acts , for others to emulate & follow. if a student makes a
mistake it is excusable & can be corrected by the teacher. if the
teacher himself makes a mistake , all his students will do the same
mistake. if a thief steals , he can be caught , legally punished &
reformed . if a police himself commits crime , many thieves go scot-
free under his patronage. even if a police , public servant commits
a crime , he can be legally prosecuted & justice can be sought by the
aggrieved. just think , if a judge himself that too of apex court of
the land 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 committ more crimes. that is
exactly what is happenning in india. the educated public must raise
to the occassion & peacefully , democratically must oppose this
criminalisation of judiciary , public service. then alone , we can
build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.

Kindly go through the following articles & provide justice by giving
complete truthful information to us , by publicly answering the
following questionnaire in an unambiguous manner.

The constitution of India has prescribed certain FUNDAMENTAL DUTIES to
each citizens of India. It is the duty of every citizen to protect &
uphold the dignity , honour of our democratic institutions , to
protect our national integrity , to respect & protect the rights of
our fellow citizens. No constitutional authority has the right to
obstruct the discharge of these duties by citizens of India. No legal
privileges of constitutional functionaries is superior over the
FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.
We need rights to perform our duties. Constitution of India has
guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India
& by birth itself everyone of us has secured HUMAN RIGHTS as
individuals. To express ourselves , we need information , data feed
back , to ascertain whether we are getting equal opportunity ,
whether we are getting equitable justice , etc , we need
information . so ,
basically Right To Information is an inalienable part of our
fundamental rights & human rights. What RTI Act has done is fixed
time limit , responsibilities of public servants up to certain
extent. However the citizen's fundamental right & human right to seek
information extends far beyond the scope of RTI Act.
Hereby , we seek complete truthful information from supreme court of
India , with respect to my RTI application appeal no : APPEAL NO.
300/2010 .. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC
SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we request you to
register this appeal as a PIL petition & to ascertain the stand of
apex court on various matters raised in my RTI Application , in
public interest & equitable justice. JAI HIND. VANDE MATARAM.

Your's sincerely,
Nagaraj.M.R.


SHOW-CAUSE NOTICE TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT
OF INDIA


The public servants & the government must be role models in law
abiding acts , for others to emulate & follow. if a student makes a
mistake it is excusable & can be corrected by the teacher. if the
teacher himself makes a mistake , all his students will do the same
mistake. if a thief steals , he can be caught , legally punished &
reformed . if a police himself commits crime , many thieves go scot-
free under his patronage. even if a police , public servant commits
a crime , he can be legally prosecuted & justice can be sought by the
aggrieved. just think , if a judge himself that too of apex court of
the land 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 committ more crimes. that is exactly
what is happenning in india. the educated public must raise to the
occassion &
peacefully , democratically must oppose this criminalisation of
judiciary , public service. then alone , we can build a RAM RAJYA OF
MAHATMA GANDHI'S DREAM.

In india democracy is a farce , freedom a mirage. the most basic
freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the
government,as the information opens up the crimes of V.V.I.Ps & leads
to their ill-gotten wealth. The public servants are least bothered
about the lives of people or justice to them. these type of fat cats ,
parasites are a drain on the public exchequer . these people
want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so
that, a voice against injustices is silenced forever , the crimes of
V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW's appeals to you ,you have not yet
replied.it clearly shows that you are least bothered about the lives
of people or justice to them .it proves that you are hell bent to
protect the criminals at any cost. you are just pressurising the
police to enquire me ,to take my statement, to repeatedly call me to
police station all with a view to silence me.all of you enjoy "legal
immunity privileges" ,why don't you have given powers to the police /
investigating officer to summon all of you for enquiry ?or else why
don't all of you are not appearing before the police voluntarily for
enquiry ?at the least why don't all of you are not sending your
statement about the case to the police either through legal counsel or
through post? you are aiding criminals ,by denying me job
oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil
court ,bangalore , distict court , mysore ,etc & by illegally closing
my newspaper.
there is a gross, total mismatch between your actions and your oath of
office. this amounts to public cheating & moral turpitude on your
part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of
india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER
to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a
citizen of india.
you are hereby called upon to SHOW-CAUSE within 30 days , why you
cann't be legally prosecuted for the above mentioned crimes .

If i am repeatedly called to police station or else where for the
sake of investigations , the losses i do incurr as a result like loss
of wages , transportation , job , etc must be borne by the government.
prevoiusly the police / IB personnel repeatedly called me the
complainant (sufferer of injustices) to police station for
questioning , but never called the guilty culprits even once to police
station for questioning , as the culprits are high & mighty . this
type of one sided questioning must not be done by police or
investigating agencies . if anything untoward happens to me or to my
family members like loss of job , meeting with hit & run accidents ,
loss of lives , etc , the jurisdictional police together with above
mentioned accussed public servants will be responsible for it. Even if
criminal nexus levels fake charges , police file fake cases against
me or my dependents to silence me , this complaint is & will be
effective.
if anything untoward happens to me or my dependents , the government
of india is liable to pay Rs. one crore as compensation to survivors
of my family. if my whole family is eliminated by the criminal
nexus ,then that compensation money must be donated to Indian Army
Welfare Fund. Afterwards , the money must be recovered by GOI as land
arrears from the salary , pension , property , etc of guilty police
officials , Judges , public servants & Constitutional fuctionaries.
Thanking you.
Jai Hind , Vande Mataram.

Date : 14.05.2010 your's sincerely,
Place : Mysore nagaraj.m.r.


JUDICIAL CORRUPTION
MY LORDS, THERE’S A CASE AGAINST YOU
Former Union law ministers are spearheading a campaign against sitting
judges they accuse of being corrupt. What is the higher judiciary
doing to clear itself of these grave charges?
Avinash DuttNew Delhi
Under observation: The Supreme Court of India
Photo by K. Satheesh

Senior lawyers have complained to the CJI and the President that
Justice Bhalla illegally amassed properties
The campaign by some senior lawyers and former law ministers who have
questioned the integrity of sitting high court judges is set to
ratchet up the growing confrontation between the legislative and the
judicial arms of the government. Former Union law ministers Shanti
Bhushan and Ram Jethmalani are leading the battle against what they
claim are corrupt practices in the highest echelons of the judiciary.
Bhushan has categorically condemned the rot he feels has set in the
judicial system. “The judiciary of this country is not merely
unaccountable, but corrupt and brazenly so,” he wrote in a letter to
President APJ Abdul Kalam on December 17. Bhushan has demanded that
the President initiate impeachment proceedings against Justice Jagdish
Bhalla of the Lucknow Bench of the Allahbad High Court. On December
14, a Supreme Court (SC) collegium recommended that Justice Bhalla be
appointed the Chief Justice of the Kerela HC.
Bhushan and Jethmalani, along with noted lawyers and former justices,
including Rajendra Sachar, Indira Jaisingh and Hardev Singh, have
formed the Committee on Judicial Accountability (COJA) and presented
documents to the Chief Justice of India (CJI), YK Sabharwal, to
support their complaint against the sitting judges. COJA complained to
the CJI on July 11 that Justice Jagdish Bhalla had amassed several
illegal properties in the name of his wife and other close relatives.
Justice Vijender Jain, the former senior Judge in the Delhi High
Court, who was recently appointed the CJ of Punjab and Haryana HC, is
also in COJA’s line of fire.
By questioning the integrity of Justices Bhalla and Jain, Bhushan has
thrown open the much larger question of judicial accountability. (See
interview) “Leave aside taking any action against corrupt judges like
Justice Jagdish Bhalla and Justice Vijender Jain, the CJI has been
actually avoiding even properly investigating charges against them,”
says Bhushan. According to documents produced by COJA on 21 July 2003,
Renu Bhalla bought a 7,200 sq. metre plot near the Noida-Greater Noida
expressway. On 28 March 2005, Uday Shankar, dsp, Gautam Buddha Nagar
(Noida’s official name) submitted a report to the area dm in which he
states that the sellers of the plot belong to the “land mafia”. In an
enquiry submitted to the dm on 26 June 2005, RK Singh, the area sdm,
also described the sellers as belonging to the “land mafia”. According
to the two reports, the plots constituted a portion of the gram samaj
(joint village property) land, illegally grabbed by the “land mafia”.
(All the documents relating to the transaction are in possession of
Tehelka)
The SDM’s report says that at the time of the transaction, the plot
was worth Rs 7.20 crore in the open market, whereas Renu Bhalla paid
Rs 5 lakh for it. The two reports also state that the sellers of the
plot have been charged in several criminal cases, and had sold plots
to several influential people to curry favour with them. Renu Bhalla
is the wife of Justice Jagdish Bhalla.
Bhushan has also drawn attention to the July 2005 draw of lots for
allotment of plots in Sector 44 in Greater Noida. When the
computerised draw threw up several influential names, a few people
approached the Allahabad HC alleging foulplay. In October 2005, the HC
decided that the case warranted a fresh draw of lots and ordered a cbi
inquiry into the scam. Among those who had been allotted plots in the
scrapped list were Aarohi Bhalla and Sheeba Sabharwal. Aarohi Bhalla,
who is the son of Justice Bhalla, was allotted plot number f-52, while
Sheeba Sabharwal, daughter-in-law of the CJI YK Sabharwal was allotted
plot number f-78. In November 2005, the Supreme Court stayed the
Allahabad HC judgement, putting the cbi enquiry and the HC’s order to
hold a fresh draw of lots on hold.
Admissible in court? Documents furnished by COJA against the justices
Members of COJA have offered to discuss the matter in person with the
CJI but they say that they are still waiting to hear from him. Five
months after their initial request, they sent another application to
the CJI in November. This time they sought his permission to register
an FIR against Justice Bhalla, claiming that their initial evidence
was enough to register an offence against him under the Prevention of
Corruption Act.
“The CJI did not even call us to hear our point,” says Bhushan. “I
don’t know why Justice Sabharwal is shielding Justice Bhalla!” Bhushan
is equally critical of Justice Vijender Jain.
Justice Jain, who took oath as the new CJ of Punjab and Haryana HC in
November, had to endure many delays before he could be appointed to
the post. The CJI had to make three efforts to promote Justice Jain. A
collegium headed by the Chief Justice of India first recommended
Justice Jain’s name for the post in July. However, President APJ Abdul
Kalam returned the file, causing a minor embarrassment to the CJI and
the Union government. When the collegium reiterated its recommendation
through the government in November, the President had to sign the
file.
Third time lucky: Chief Justice Vijender Jain

When a collegium headed by the CJI recommended Justice Jain’s name,
the President returned the file
Earlier in May, a proposal by the CJI to make Justice Jain CJ of the
Maharsahtra HC was stonewalled by a judge in the three-member
collegium who questioned Justice Jain’s integrity. The member on the
panel cited a complaint made to former CJI RC Lahoti against Justice
Jain in January 2005. The CJI revived the proposal a month later, but
again a judge on the collegium opposed his appointment. Finally, a
fortnight later, in July 2006, the CJI made his third attempt to
promote Jain, this time to the Punjab and Haryana HC.
This time around, to address dissenting voices, the CJI also consulted
other SC judges who happened to be former chief justices of the Delhi
High Court. According to reliable sources, Justice Jain’s former
seniors also questioned his integrity. However, on the basis of a
majority, the proposal to promote him was forwarded to the Union
government for the President’s assent.
A major hurdle in promoting Justice Jain continued on page 8 continued
from page 6 was a complaint by one Subhash Agrawal who approached then
CJI RC Lahoti in January 2005 with the complaint that Justice Jain had
violated the code of conduct for judges. Agrawal claimed that Justice
Jain gave a judgement in favour of someone with whom he had “family
relations”. He produced a copy of the invitation card of the
litigant’s granddaughter’s wedding, held in April 2001. According to
the card, the venue of the wedding was the official residence of
Justice Jain. (Tehelka has obtained a copy of the wedding card from
the Central Information Commission). In November 2004, Justice Jain,
hearing an appeal, decided a civil suit in favour of the person who
had held his granddaughter’s wedding at his official residence.
When there was no response to his complaint in October 2005, Agrawal
approached the SC to find out the status of his complaint under the
rti Act. He was told that his complaint was in the relevant HC file.
Not satisfied, Agrawal approached the Central Information Commission.
On the commission’s insistence, the SC finally told Agrawal that his
complaint had not actually been forwarded to the HC, as the SC has “no
administrative jurisdiction” over high court judges. Therefore, the
complaint was pending before the CJI, YK Sabharwal. The commission
asked the CJI to act on the application. The CJI finally settled the
complaint, saying he found no merit in it. When Agrawal asked for
reasons behind the decision, he drew a blank.
It’s not just Bhushan who feels the need to bring about accountability
and transparency in the judiciary. Janata Dal (U) president Sharad
Yadav says the issue will be discussed when the Judicial
Accountability Bill is tabled in Parliament. “When the government
tables the bill, all its aspects will be discussed,” Yadav told
Tehelka.
CJI YK Sabharwal could not be reached for his comments. Despite
conciliatory notes from him there are all indications that the clamour
surrounding judicial misdemeanour and the demand for greater
accountability will only increase in the days to come.
Dec 30 , 2006
Related Stories


• My lords, there’s a case against youFormer Union law ministers are
spearheading a campaign against sitting judges they accuse of being
corrupt. What is the higher judiciary doing to clear itself of these
grave charges? Avinash Dutt reports
• Serious charges
• Dubious first
• ‘The Bill for Judicial Accountability is a sham’Former Union Law
Minister Shanti Bhushan is angry at the state of the judiciary in
India. He talks toAvinash Dutt
• Delhi HC dilutes the RTI ActThe rules framed by the court deter
those who seek information about its workings, reports Avinash Dutt
• RTI TangleBy Avinash Dutt


‘Half Of The Last 16 Chief Justices Were Corrupt’
The decision to declare assets is a big victory. Supreme Court lawyer
Prashant Bhushan tells SHOMA CHAUDHURY what else is rotting in our
judiciary
image
In public interest Prashant Bhushan has championed the fight for
judicial accountability
Photo: SHAILENDRA PANDEY
It’s great judges have agreed to declare assets. But will it really
help? Politicians do it too.
This decision is very welcome, even if it’s only happened under public
pressure. It is proof of the power of public opinion. And even though
declaring assets is a relatively minor aspect of judicial
accountability, it will help. If a judge misdeclares his assets,
there’s a chance someone might know he has particular properties he
hasn’t declared, and may point it out. One could then examine if these
can be explained within their legal income.
The debate around judicial accountability has got really hot. Are
there watershed events that triggered this?
Not in my own perception, but I think for the public there were two
watershed events – the Chief Justice Sabharwal case (where there was
an allegation that Chief Justice YS Sabharwal’s orders to demolish
commercial outlets in Delhi directly benefited his sons, who were
partners with some mall developers) and the Ghaziabad Provident Fund
scam. Both these cases got wide media attention. A 2006 Transparency
International report said the judiciary in India is the second most
corrupt institution after the police.
You’ve been at the forefront of the judicial accountability campaign.
Why?I have been witness to judicial corruption in the courts for a
very long time. I know decisions are passed for extraneous
considerations, but it’s difficult to get hard evidence of this. There
have been highprofile impeachment attempts, for instance, on Justice
Ramaswamy, Justice Punchi and Justice Anand. Yet, they all went on to
become chief justices. In my view, out of the last 16 to 17 chief
justices, half have been corrupt. I can’t prove this, though we had
evidence against Punchi, Anand and Sabharwal on the basis of which we
sought their impeachment.
What is the root cause of judicial corruption then, and what are your
key demands?
Our key demand is an institutional mechanism for entertaining
complaints and taking action against the judiciary. Nothing exists
today. Everyone realises impeachment is impractical. To move an
impeachment motion you need the signatures of 100 MPS, but you can’t
get them because many MPs have pending individual or party cases in
these judges’ courts. In the impeachment proceeding against Justice
Bhalla, the BJP declined to sign because LK Advani had been acquitted
by him in the Babri Masjid demolition case. Such political
considerations prevail all the time. An in-house procedure was set up
in 1999, post a chief justices’ conference in 1997, but that too is
activated only selectively. For example, the complaint against Justice
Bhalla was that he had purchased land worth Rs 4 crore at Rs 4 lakh —
approximately — from land mafia in Noida. This was based on a report
from the DM and SSP of Noida. This land mafia had several cases
pending in courts subordinate to Justice Bhalla. Another complaint was
that in the Reliance Power matter, though his son was the lawyer for
Reliance Power, Justice Bhalla constituted a special bench while he
was the presiding judge in Lucknow. He sat in the house of one the
judges at 11pm at night to hear their case and pass an injunction in
their favour. We asked Chief Justice Sabharwal to initiate proceedings
against Bhalla, but he refused.
Similarly, Justice Vijender Jain decided the case of a person whose
granddaughter had been married out of his own house. He was a close
friend but he still heard and decided the case in this person’s
favour. The point is, in these cases though very specific complaints
were made to the then Chief Justice of India (CJI), he didn’t do
anything to activate the in-house procedure. All these judges have
gone on to become chief justices. Bhalla is still chief justice of
Rajasthan; Virendra Jain became chief justice of Punjab and Haryana.
What’s the answer?The first problem is that there is no independent
institution for entertaining complaints and taking action against
judges. There has to be a National Judicial Complaints Commission —
independent of the government and judiciary. It should have five
members and an investigating machinery under them. The second problem
lies in the Veeraswamy judgment, which ordered no criminal
investigation can be done against a judge without prior written
permission of the CJI. That’s what happened in Karnataka. There was a
complaint against several judges visiting a motel and misbehaving with
women. When the police officer came, the judges threatened him and
said no FIR could be filed against them because they were judges. This
happened in the Ghaziabad Provident Fund case as well. The
investigation is stumped because the CJI hasn’t given permission. We
have to get rid of this injunction.
The third problem is the Contempt of Court Act. Today, even if you
expose a judge with evidence, you run the risk of contempt. Judges are
even seeking to insulate themselves from the RTI. We have to get rid
of the Contempt of Court Act – not the whole Act. Disobeying the
orders of the court is civil contempt – that should remain.
Interfering with the administration of justice is criminal contempt –
that too should remain. What needs to be deleted is the clause about
scandalising or lowering the dignity of the court, for which Arundhati
Roy was sent to jail. Finally, there is the problem of appointments.
Earlier, judicial appointments were made by the government, which was
bad enough. Now, by a sleight of hand, the Supreme Court has taken the
power of appointments to itself. Earlier there were political
considerations; now there are nepotistic ones.
Again, what’s the answer to that?
We need an independent Judicial Appointments Commission, which is
independent and works full time, and follows some systems and
procedures. Eligibility lists should be prepared and comparative
merits debated and evaluated. You can’t just pick judges arbitrarily,
and let people know about it only after the deed is done.
There is still no independent body to process complaints and action
against judges
What are the best practices and conventions elsewhere?
We should at least have Public Confirmation hearings like in the US.
In the Senate Judicial Committee, you have hearings where any public
citizen can give evidence about the background of a judge that has
bearing on their appointment. This is being fiercely resisted here.
Do any counter arguments hold?
None that I can see. The judges say all this will compromise their
independence. Unfortunately, they are equating the independence of the
judiciary with independence from accountability. Independence of the
judiciary was meant to be independence from the political
establishment, not from all accountability.
Are there other ways in which judicial corruption manifests itself?
There are so many. There is Justice Kapadia who decided on the
Niyamgiri mining lease case in Orissa. He said Vedanta can’t be given
the lease because it’s been blacklisted by the Norwegian government;
but its subsidiary company Sterlite can get the lease because it is a
publicly listed company. Justice Kapadia said it’s publicly listed
because he had shares in it and yet he passed an order in favour of
Sterlite! There is a law against judges hearing cases where there is a
conflict of interest, but they just bypass it and you can’t complain
because that would be contempt.
WRITER’S EMAIL
sh...@tehelka.com
From Tehelka Magazine, Vol 6, Issue 35, Dated September 05, 2009



Burn After Reading
BRIJESH PANDEY and SANJAY DUBEY track the Supreme Court’s lack of
urgency in investigating charges of judicial corruption
THE STORY OF A QUIET BURIAL?
Special CBI judge Rama Jain uncovers Rs 7 crore Provident Fund scam
during vigilance inquiry
Accused Ashutosh Asthana revealed that he was paying off 36 judges
including a sitting Supreme Court judge and 11 High Court judges
Supreme Court directs CBI to investigate, permits interrogation of all
involved judges
Several status reports given by the CBI to the apex court
Reports kept secret. Action taken on basis of reports unknown
WHEN SPECIAL CBI judge Rama Jain received an anonymous letter in
January 2008, telling her that the provident funds of Class 3 and
Class 4 employees of the Ghaziabad court were being siphoned off, she
had no idea that she had stumbled onto the biggest judicial scam in
the history of independent India.
As she was the designated vigilance officer at the Ghaziabad court,
she first conducted an inquiry on her own, which uncovered the
involvement of at least three judges and the Central Nazir in the
embezzlement of funds. She reported the matter to the Allahabad High
Court, which, in turn, ordered a vigilance inquiry. Holding that the
report, prima facie, had merit, the court directed her to file an FIR.
Central Nazir Ashutosh Asthana was arrested on the basis of the FIR on
April 10, 2008. His interrogation revealed that Asthana was not a solo
player. He claimed that he was first introduced to the scam by a
district judge himself. What followed was so shocking that even the
Ghaziabad police was on the backfoot. Asthana confessed that from the
Rs 7 crore embezzled, he had given cash and gifts such as
airconditioners, refrigerators, expensive clothes, jewellery and
furniture to as many as 36 judges, including about 10 High Court
judges and one Supreme Court judge. In a sworn statement before a
magistrate, Asthana revealed that this fraud had run from 2001 to 2007
with the active connivance of district judges. Every month, Asthana
even paid bribes to various judges, from Rs 25,000 to a whopping Rs
1.5 lakh.
When these excerpts from Asthana’s confession became public, the
public image of the judiciary touched a new low. In perhaps the
biggest moment of crisis for the Indian judiciary, Asthana, the main
accused, has in turn named judges from the Ghaziabad District Court to
the Allahabad High Court, right up to the Supreme Court. This was not
all.
These revelations stunned the Ghaziabad police. Clearly out of their
depth and (justifiably) wary of taking on the powerful judiciary, they
requested the Ghaziabad court to hand over the probe to the CBI. In
September 2008, the Supreme Court transferred the case to the CBI, but
with a rider: Investigate, but give us a sealed report. The PF scam,
as it had come to be known, gave the judiciary a wonderful opportunity
to redeem itself in the eyes of the people but the case remained
shrouded in secrecy. Cynics then said that the whole matter would be
given a quiet burial. Eighteen months after the scam became public and
four CBI status reports later, the cynics appear to have had the last
laugh.
image
This delay and secrecy in such a highprofile scam raises various
uncomfortable questions for the Indian Judiciary. Legal luminaries
believe that this is symptomatic of a larger malaise which ails the
judiciary. Says jurist Ram Jethmalani, “The reputation of a judge is
more important than the actual fact of his honesty. In fact, if a
judge has a bad reputation, even if it is undeserved, he should not be
appointed because then nobody will have confidence in his judgements,”
adding, “When the judiciary expedites cases concerning the executive
branch or even most prominent cases, why is such urgency not displayed
here, when the matter is extremely serious. Why this delay?”
For six years, funds worth Rs 7 crore were embezzled and judges were
allegedly bribed
A VALID QUESTION. Asthana named 36 judges (a list of which is with
TEHELKA). Other than the fact that a few have retired, virtually
nothing is known about the fate of the judges of the Allahabad High
Court and the Supreme Court judge. Whether or not the apex court is
planning to initiate or has initiated, criminal charges against any of
the judges — sitting or retired — are questions that only the Supreme
Court can answer.
And the apex court should answer, argues former Union law minister and
senior advocate Shanti Bhushan. “I don’t appreciate this sealed-cover
business except in very rare cases when making something public might
be detrimental to the public interest — mainly if there is an army
secret. Whether it is the judiciary or the executive, all officers are
appointed on the behalf of the people. It is on the people’s behalf
that the judiciary exercises its powers. How can you keep
investigations in the PF scam secret? The people have every right to
know what is going on.”
VN Khare, former Chief Justice of India, concurs. “These kind of
things should not be allowed to linger. This shakes the confidence of
the people in the judiciary. If there is an allegation or misconduct,
it must be inquired into immediately and strict action should be taken
against the erring judges. Why should the reputation of most judges
suffer for no fault of theirs?”
image
When the judiciary expedites cases concerning the executive branch or
even most prominent cases, why is such urgency not being displayed in
this matter?
RAM JETHMALANI, Jurist
The biggest question which arises from this scam is the lack of will
on the part of the judiciary to rein in errant judges. Let alone the
judges named by Asthana, what about the fate of the three Ghaziabad
District Judges named by vigilance officer of the district court
Special CBI Judge Rama Jain herself? Legal luminaries say this
hesitancy on the part of judges to act against fellow judges involved
in wrongdoing clearly illustrates the prevailing mindset of the
judiciary.
“I know of a retired Chief Justice of India who is one of the most
honest judges I have ever seen. It’s difficult to imagine a more
honest person. However, when a responsible minister made complaints to
him against a corrupt High Court Judge, he did not grant permission
for an investigation because he felt that as the head of the judicial
family, it was his job to protect judges, be they corrupt or not,”
says Shanti Bhushan. Ram Jethmalani chips in sarcastically, “This is
the reason why judges call each other ‘brother judge.’”
IT IS not only cases like the PF scam which taints the image of the
judiciary, but also the extreme reluctance on the part of the
judiciary to be open and transparent. Reams and reams of paper have
gone towards pious exhortations by the judiciary asking the government
to refrain from corruption and work in an efficient manner. But sadly,
no judge has held forth at length on the need for the judiciary to
refrain from corruption. Even attempts to exercise the Right to
Information with respect to the office of the CJI came a cropper as
the CJI’s office was always declared out of bounds. It took a historic
verdict by the Delhi High Court to declare that the office of the CJI
was not immune from accountability and outside the purview of the RTI
Act. Senior lawyers and retired chief justices feel that if the
judiciary is not transparent or accountable, it only means that they
are trying to hide something. Justice Khare feels, “Judges are more
accountable than other persons because they hold a very high post. The
very existence of the judiciary is based on the faith of the common
man in it. If that faith is not there, how can the judiciary
function?”
No judge holds forth at length on the need for the judiciary to
refrain from corruption
What incenses them is the behaviour of the government with regard to
the Judges’ Assets Declaration Bill which the government tried to
introduce in 2009. The opposition erupted in protest and forced the
government to defer the bill. Jethmalani terms the government’s
approach to this bill as a “conspiracy of corruption”. “The government
is scared to take on the judiciary. It’s clear that the executive
wants to cosy up to the judiciary.” Agrees retired CJI V N Khare, “Why
should there be any hesitancy to declare assets at all on the part of
judiciary? The whole episode is beyond me.” In a recent development,
the Supreme Court has reiterated before the Delhi High Court that the
CJI’s office is outside the purview of the RTI Act.
image
Corruption charges are swept under the carpet by the judiciary. But
this has given a shield of total immunity to the judges, who think
they can get away with anything
SHANTI BHUSHAN, Former law minister
Another assault on the public image of the judiciary is the Dinakaran
episode. Currently, judges are appointed to the Supreme Court by the
Supreme Court Collegium, a group of judges chaired by the Chief
Justice of India. When Chief Justice Dinakaran of the Karnataka High
Court was elevated to the Supreme Court, the state Bar and legal
luminaries rose up in protest because the Collegium appeared to have
dismissed, or, at least, not have considered the serious allegations
of corruption against him. According to Senior Advocate Soli Sorabjee,
“The Dinakaran episode shows that the Collegium is not working
satisfactorily. You must have a national commission for judges which
should be made up of judges, eminent jurists and senior government
officials. This council should have the power to get independent
information and evaluate it.” Shanti Bhushan feels that as judges are
extremely busy with hearing cases, there should be a full-time
commission whose sole function is to pick judges for the High Court
and the Supreme Court and feels that the commission should also have
its own bureau of investigation. They should not be dependent on
either the local police, who might be afraid to investigate judges, or
on an overburdened CBI.
But all this is very hard to achieve. Jurists feel that the judges of
the higher courts have converted themselves into a union of sorts and
are trying to protect each other. “Their approach is to sweep every
allegation under the carpet. Don’t allow the public to know about it.
Let the public believe that our judiciary is very honest. But this has
been counterproductive. It has given a shield of total immunity to the
judges and they think they can get away with anything. This has led to
an increase in corruption in the judiciary,” states Shanti Bhushan.
Time and again, opportunities have arisen for the judiciary to
reinvent itself in a new avatar. And time after time, it has failed.
Caesar’s wife, they say, should be above suspicion. Whatever the cost
it might take to ensure it.
WRITERS’ EMAIL
bri...@tehelka.com
san...@tehelka.com
From Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009




‘Half of last 16 chief justices have been corrupt’
By churumuri
Judicial corruption is a bull few in India are willing to attach their
names to. There are whispers of this or that sitting judge making
piles or cash; of sons, daughters and other near and dear ones acting
as “brokers” for cases, deals, etc, but none of those allegations see
the light of day.
Not because the media is a willing accomplice but because of the sword
of “contempt of court” hanging over us.
For long, truth was not, repeat not, a defence in the case of
contempt. Although that is now no longer the case, judicial
corruption still isn’t headline news like corruption in other spheres
of Indian life. The case of Justice P.D. Dinakaran is one of the rare
exceptions and that too only in sections of the media.
In September 2009, the Supreme Court lawyer Prashant Bhushan, in an
interview to Shoma Chaudhury of Tehelkamagazine, said “half of the
last 16 chief justices were corrupt”. The comment invited the apex
court’s contempt. Now, Bhushan’s father, the noted jurist Shanti
Bhushan has joined issue.
In his application before the Supreme Court praying for his
impleadment as respondent No.3 in the case of the Amicus Curiae vs
Prashant Bhushan, Bhushan senior repeats his son’s charge that eight
out of the last 16 CJs were corrupt, even going so far as to deliver
the names of the corrupt in a sealed cover.

“In the applicant’s opinion, eight [of the last 16 chief justices]
were definitely corrupt, six were definitely honest and about the
remaining two, a definite opinion cannot be expressed whether they
were honest or corrupt.”

Below is the full text of Shanti Bhushan’s application, published in
the public interest.
***

To
The Hon’ble Chief Justice of India &
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.
Most respectfully showeth:

1. That the applicant is filing the present application for his
impleadment as Respondent No. 3 in the aforementioned contempt
petition as the applicant is making a categorical statement in the
present application that eight of the last sixteen Chief Justices of
India were definitely corrupt and also providing the names of those
eight definitely corrupt Chief Justices in a sealed cover as an
annexure along with the present application.
2. The applicant is a practicing advocate who was enrolled on 8
July 1948. He has appeared in each and every High Court in the
country. He is well acquainted with the manner in which the Indian
judiciary has been functioning and how its character has been changing
over the years.
3. That the applicant has been a part of the campaign for
judicial accountability since its inception in the year 1990.
4. That there was a time when it was almost impossible even to
think that a judge of a High court or the Supreme Court could be
corrupt. Things have changed drastically during the last 2 or 3
decades during which corruption has been growing in the Indian
judiciary. So much so that even a sitting Chief Justice of India had
to openly admit that 20% of the judges could be corrupt. Very recently
in March 2010 a sitting Chief Justice of a high court openly made a
statement. The statement of the sitting chief justice was published by
the Times of India in its issue of 6th march 2010 with the headlines,
“In our judiciary, anybody can be bought, says Gujarat chief justice”.
A copy of the news paper report is being annexed hereto as Annexure A.
5. That the applicant believes that the reported statement may
not be correctly reflecting the perception of the Gujarat Chief
Justice, since he should be knowing as the applicant does that there
are and have always been plenty of totally honest judges, but they are
also becoming the victim of this public perception since no
institution of governance in the country is taking any effective steps
about dealing with corruption in the judiciary.
6. That India became a republic in 1950, when the people became
sovereign. They got the right to constitute their institutions, the
executive, the legislature and the judiciary, to serve them, who would
be accountable to them.
7. That before 1950, corruption was almost non existent in the
High Courts. The federal court had in 1949 got Justice Shiv Prasad
Sinha removed from the Allahabad High Court, merely on the finding
that he had passed 2 judicial orders on extra judicial considerations.
8. That it however appears that thereafter the judiciary has
adopted the policy of sweeping all allegations of judicial corruption
under the carpet in the belief that such allegations might tarnish the
image of the judiciary. It does not realize that this policy has
played a big role in increasing judicial corruption.
9. That the Constitution prescribed removal by impeachment as
the only way of removing judges who commit misconduct since it was
believed at the time of the framing of the Constitution that
misconduct by judges of the higher judiciary would be very rare.
However those expectations have been belied as is apparent from the
surfacing of a series of judicial scandals in the recent past. The
case of Justice V. Ramaswami and subsequent attempts to impeach other
judges have shown that this is an impractical and difficult process to
deal with corrupt judges. The practical effect of this has been to
instill a feeling of impunity among judges who feel that they cannot
be touched even if they misconduct.
10. That corruption by judges is a cognizable offence. The Code
of Criminal Procedure requires that whenever an FIR is filed with
respect to a cognizable offence, it is the statutory duty of the
police to investigate the offence. The police has to collect evidence
against the accused and charge-sheet him in a competent court. He
would then be tried and punished by being sent to jail. The Supreme
Court has however by violating this statutory provision in the CrPC
given a direction in its Constitution bench judgement in theVeeraswamy
case of 1991 that no FIR would be registered against any judge without
the permission of the Chief Justice of India. In not a single case has
any such permission ever been granted for the registration of an FIR
against any judge after that judgement.
11. That the result of this direction has been that a total
immunity has been given to corrupt judges against their prosecution.
No wonder that judicial corruption has increased by leaps and bounds.
12. That an honest judiciary enjoying public confidence is an
imperative for the functioning of a democracy, and it is the duty of
every right thinking person to strive to achieve this end.
13. That unless the level of corruption in the judiciary is
exposed and brought in the public domain, the institutions of
governance cannot be activated to take effective measures to eliminate
this evil.
14. That it is the common perception that whenever such efforts
are made by anyone, the judiciary tries to target him by the use of
the power of contempt. It is the reputation of the judge which is his
shield against any malicious and false allegations against him. He
doesn’t need the power of contempt to protect his reputation and
credibility.
15. That the applicant strongly believes that a responsible
citizen should be prepared to undergo any amount of suffering in the
pursuit of the noble cause of fighting for a clean judiciary.
16. That there are two statements of Respondent no. 1 (Prashant
Bhushan) published in Tehelka by Respondent no. 2 which are alleged to
constitute contempt of court. In the 1st statement, Respondent no. 1
has expressed that in his view, out of the last 16 or 17 chief
justices of India, half have been corrupt.
17. The applicant states that in his view too this statement is
absolutely correct. At the time of the publication of this report in
Tehelka, the last 16 Chief Justices of India were the
following: 1. Justice Ranganath Mishra,
2. Justice K.N. Singh,
3. Justice M.H. Kania,
4. Justice L.M. Sharma,
5. Justice M.N. Venkatchalliah,
6. Justice A.M. Ahmadi,
7. Justice J.S. Verma,
8. Justice M.M. Punchhi,
9. Justice A.S. Anand,
10. Justice S.P. Bharucha,
11. Justice B.N. Kripal,
12. Justice G.B. Patnaik,
13. Justice Rajendra Babu,
14. Justice R. C. Lahoti,
15. Justice V.N. Khare,
16. Justice Y.K SabharwalOut of these, in the applicant’s
opinion, eight were definitely corrupt, six were definitely honest and
about the remaining two, a definite opinion cannot be expressed
whether they were honest or corrupt. The signed lists identifying
these eight, six and two Chief Justices of India are being enclosed in
a sealed cover which is being annexed here to as Annexure B.
18. That in fact two former chief justices of India had
personally told the applicant while they were in office that their
immediate predecessor and immediate successor were corrupt judges. The
names of these four Chief Justices of India are included in the list
of the 8 corrupt Chief Justices of India.
19. That since the applicant is publicly stating that out of the
last sixteen Chief Justices of India, eight of them were definitely
corrupt, the applicant also needs to be added as a respondent to this
contempt petition so that he is also suitably punished for this
contempt. The applicant would consider it a great honour to spend time
in jail for making an effort to get for the people of India an honest
and clean judiciary.
20. That the applicant also submits that since the questions
arising in this case affects the judiciary as a whole, the petition
needs to be decided by the entire court and not merely by three judges
handpicked by a Chief Justice.

PRAYERS
In view of the above, it is most respectfully prayed that this
Hon’ble Court may be pleased to:

1. allow the present application and implead the Applicant as a
contemnor in the aforementioned contempt petition as Respondent no. 3;
and
2. pass any other or further order/s as this Hon’ble Court may
deem fit and proper in the facts and circumstances of the case.

(Shanti Bhushan)
applicant-in-person
New Delhi

***
Photograph: courtesy Shailendra Pandey/ Tehelka
***
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