Friday, May 11, 2018

Re: [IAC#RG] WILL DIPAK MISRA BE ANOTHER P. SATHASIVAM?

👍🏼👍🏼👍🏼

MG 

On Fri, 11 May 2018 at 7:46 AM, Aires Rodrigues <indiaresists@lists.riseup.net> wrote:

As a desperate BJP wants to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope on which judicial values are slithering. With Narendra Modi all out to corrode and corrupt even the Independence of the Judiciary, the current beleaguered Chief Justice of India Dipak Misra who is due to retire later this year on Gandhi Jayanti, may follow in the steps of a former Chief Justice of India P. Sathasivam who within weeks of his retirement was rewarded by Prime Minister Narendra Modi with an appointment on 31st August 2014 as the Governor of Kerala.   

 

To ensure the highest standards of judicial independence and to ward off even the faintest trace of governmental influence on the judiciary, there needs to be at least a two year "cooling off period" for retiring judges before they accept any post retirement posting.

 

As judicial independence of Judges rests entirely on maintaining an incorruptible detachment from the government of the day, it cannot be allowed to be morally compromised by lobbying for cushy post-retirement sinecure postings. We have witnessed instances where Judges have fixed their retirement nests much prior to even demitting office.

 

In times when the Indian Judiciary is passing through a very turbulent phase, this "jobs-for-the-judges" syndrome could place judges potentially open to governmental influence leaving scope for "pre-retirement judgments" being predisposed by the craving of a "post-retirement job".

 

A former Chief Justice of India Justice R M Lodha led by example that judges should not take any constitutional or other position at least two years after demitting office. The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary.

 

The demand to keep Supreme Court and High Court Judges away from immediately taking such post retirement benefits becomes the need of the hour and will thus ensure that those about to retire, do not run behind those in the establishment thus giving a death knell to the independence of the judiciary. There is a need of concerted efforts towards propping up highest standards of judicial accountability.

 

The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless ending up as dens of chicanery and jugglery. 



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


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Twitter@rodrigues_aires


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Tuesday, May 8, 2018

[IAC#RG] RAYS OF HOPE AMIDST INDIA’S DARK JUDICIARY

The very workaholic Justice Shahrukh Jimi Kathawalla of the Bombay High Court created, without so much as a yawn, a record by sitting steadfast in Court last week up to an unprecedented 3.30 am on that last working day before this summer vacation to dispose off over a 100 petitions that had sought urgent interim reliefs.

Such committed Judges with a sense of sincere dedication in discharging their duties still keeps our faith and hope alive in the midst of a now totally soiled, discredited and disfigured Judiciary.

Very sad to say but the undisputed ground reality is that even the now politically maneuvered Supreme Court of India has today ended up being the Sordid Court of India with the sanctity of the Collegium torn apart. Quo Vadis our Temples of (In) Justice?



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


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Twitter@rodrigues_aires


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Monday, April 23, 2018

[IAC#RG] कोर्ट का कैंसर

कोर्ट का कैंसर
………………

सत्ताधारी दलों ने किया
सत्ता का निरंतर दुरुपयोग,
सही जाँच - सबूत - दलील बिना
बदनाम हुए न्यायालय के लोग।

पुलिस और जाँच एजेन्सियॉ
सत्ता के पिंजरे के तोते - मैने,
दोषी भी निर्दोष हो जाए
निर्दोषी जेल में खाए चने।

कई नरसंहार करने देश में
पाताल लोक से असुर आए थे,
न्यायालय ने इसलिए आरोपियों को
सदैव ही बेकसूर पाये थे।

बम धमाके भी हुए देश में
आसमान से आज़ाब आया था,
वर्षों मुकदमें चले भले ही
इनसान अपने को बरी पाया था।

भ्रष्टाचार की निष्पक्ष जाँच से
जज साहब भी घबराते हैं,
कोर्ट में फैले कैंसर को
अपनी मौत के बाद भी छिपाते हैं।

#SorryLoya #BombBlast #Narsanhar #Riots #Rape
#CourtCorruption #Mahabhiyog ….

Õm - Õnkār - Allāh - God…..
ॐ - ੴ - الله - † …….
Jai Hind! Jai Jagat (Universe)!
- ग़ुलाम कुन्दनम्
(Ghulam Kundanam).
24/04/2018.

FB पोस्ट लिंक :-
https://www.facebook.com/story.php?story_fbid=1892999490744723&id=100001040727520

Sunday, April 22, 2018

[IAC#RG] WILL DIPAK MISRA BE ANOTHER P. SATHASIVAM?

As a desperate BJP wants to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope on which judicial values are slithering. With Narendra Modi all out to corrode and corrupt even the Independence of the Judiciary, the current beleaguered Chief Justice of India Dipak Misra who is due to retire later this year on Gandhi Jayanti, may follow in the steps of a former Chief Justice of India P. Sathasivam who within weeks of his retirement was rewarded by Prime Minister Narendra Modi with an appointment on 31st August 2014 as the Governor of Kerala.   

 

To ensure the highest standards of judicial independence and to ward off even the faintest trace of governmental influence on the judiciary, there needs to be at least a two year "cooling off period" for retiring judges before they accept any post retirement posting.

 

As judicial independence of Judges rests entirely on maintaining an incorruptible detachment from the government of the day, it cannot be allowed to be morally compromised by lobbying for cushy post-retirement sinecure postings. We have witnessed instances where Judges have fixed their retirement nests much prior to even demitting office.

 

In times when the Indian Judiciary is passing through a very turbulent phase, this "jobs-for-the-judges" syndrome could place judges potentially open to governmental influence leaving scope for "pre-retirement judgments" being predisposed by the craving of a "post-retirement job".

 

A former Chief Justice of India Justice R M Lodha led by example that judges should not take any constitutional or other position at least two years after demitting office. The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary.

 

The demand to keep Supreme Court and High Court Judges away from immediately taking such post retirement benefits becomes the need of the hour and will thus ensure that those about to retire, do not run behind those in the establishment thus giving a death knell to the independence of the judiciary. There is a need of concerted efforts towards propping up highest standards of judicial accountability.

 

The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless ending up as dens of chicanery and jugglery. 



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com


Thursday, April 19, 2018

[IAC#RG] For Publication

JUDGE LOYA CASE: LACK OF POLITICAL FOCUS ON RSS GAVE CJI THE OPPORTUNITY TO DISMISS PETITIONS!

I have read the judgement by CJI dismissing an independent inquiry in the Judge Loya case. It is a revelation. 

The judgement skirts the major issue of the mysterious circumstances in which Judge Loya died. Instead, the focus is on the exoneration of  the four judges, who rebutted charges made in the Caravan magazine about foul play in Judge Loya's case. 

People on social media are reacting emotionally to to the Judgement. Congress has said it is a 'sad letter day' for justice in India. 

While such reactions are understandable, no one, either on social media or elsewhere, is going beyond moral outrage to challenge or question the judgement on its demerits. 

The problem with Dave, Indira Jaising and Prashant Bhushan, the senior lawyers arguing on behalf of the petitioners, seems to be that they focussed unduly on the role of 4 Judges of Maharashtra who gave statements that Judge Loya died of natural causes. 

In the end, the case became a slugfest where lawyers attacked the 4 judges and the CJI defended them...

The lawyers did not focus on the basic aspects of Judge Loya's family being contacted by Baheti, a RSS man. It was Baheti whose role, whose entry into the sequence of events, is suspect. In fact, Baheti of RSS, who even arranged for Judge Loya's body to be brought to his family, after which the family discovered bruise marks and other indicators of foul play, is the key to the whole mystery. 

Lawyers demanding an independent inquiry into Judge Loya's death should have stuck to one point: how and why did a RSS functionary enter the scene of the death/murder of Judge, who was hearing a case in which Amit Shah, the President of BJP, a party affiliated to the RSS, was the prime accused. 

This lack of argumentative focus on the main, political aspect of the Judge Loya case, gave the CJI the opportunity to divert the issue and focus on the non-issue of the statement of 4 judges. It became very easy for the CJI to defend the 4 judges and write a 114 page judgement on petitions seeking an enquiry into Judge Loya's death--a judgement that glosses over the main issue and dedicates 90% of its space to the allegations made against 4 judges. 

Mr. Dave, Ms. Indira Jaising, Mr. Prashant Bhushan, why did you lose political focus on RSS? 

Mr. CJI, why did you avoid the Baheti-RSS issue, and decide to focus on non-issues of the 4 judges?

Tuesday, April 3, 2018

Re: [IAC#RG] COMPLAINT of ethical violations in reporting by NDTV

To:
Ms. Sonia Singh
Editorial Director/NDTV and Head NDTV Ethics Committee

copy:
1) Shri Ashim Khurana, Chairman Staff Selection Commission
2) All subscribers of INDIA AGAINST CORRUPTION jan andolan primary mailing list

BY EMAIL

Dear Ms. Sonia Singh

There is a deafening silence from your organisatioon concerning the specific complaints we have made to NDTV at all levels concerning deliberate misreporting by your reporters / anchors on the alleged SSC exam leakages. Since NCTV seems unwilling to respond or take action promptly, I am now caused to send a copy of my complaint to Chairman SSC who equally appears to be a victim of your channel's political vendetta and whose organisation has responded promptly and in time to my RTI requests for information on these alleged leakages.

NB: If there is something about the word "immediately" contained in the "Corrigendum" clause of your organisation's Code of Ethics and Broadcasting Standards which you do not understand, I would be happy to correct the deficiency(s) in your education

Immediately : at once; instantly.
Immediately : without any intervening time or space.

Accordingly, I am again calling upon you to do the following things immediately,.

1) Issue appropriate corrigenda for the significant mistakes all your news stories (television and convergence) on alleged SSC CGL exam paper leaks

2) Suspend the reporter Sonal Mehrotra Kapoor for her broadcasts

sincerely

Sarbajit Roy
subscriber NDTV cable television channels

On Sun, Apr 1, 2018 at 9:37 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
To:
Ms. Sonia Singh
Editorial Director/NDTV and Head NDTV Ethics Committee

BY EMAIL

Dear Ms. Singh

I am constrained to complain about the unethical practices being followed by your channels / news reporters, eg. Sonal Mehrotra Kapoor in broadcasting biased and one-sided reportage of the Staff Selection Commission's alleged examination "leaks". Several emails I have sent to your legal dept, the feedback section etc. about the recent Youthquake and Yuva Kranti series on this topic have been ignored and no corrigenda are forthcoming.

I am complaining that your aforesaid reporter has crossed the journalistic "line" by basing her reportage mainly on sources directly linked to three political parties, ie. CPI(ML), Indian National Congress and Swaraj India which have been manufacturing, circulating forged and fabricated documents allegedly depicting remote access softwares (like AMMY, Team Viewer etc) being used to remotely answer SSC's CGL 2017 examination while the computer based (online) exam is in progress.

I am complaining that your reporter has chosen, for reasons best known to her or your channels, to ignore the RTI replies of the Staff Selection Commission to me which say that the SSC has not conducted / held any computer based (online) exam in 2016, 2017 or 2018, and that they have no information of any complaint received for cheating, leakage or other malpractices in any (alleged) online examination of SSC.

NB: It is noteworthy that the SSC is an attached office of the DoPT (which also administers the RTI Act 2005) and my RTI queries and the replies received are easily acccesible to the whole world on DoPT's Rtionline webportal and certainly to your reporter if she did her job properly / honestly.

In this connection, it is not clear to me, or other subscriber viewers of NDTV like me, what authentic sources your aforesaid reporter Sonal MK is basing her stories on. However, because your news channel has subscribed to a self regulatory association which has prescribed a Code of Ethics for its members, you are obliged to ensure fairness and balance in reportage and present all points of view on a controversy no matter how much you personally disagree with that view or the person who holds that view. You are also required to issue corrigendums to any false reporting.

I am complaining that your reporter had deliberately excited dissatisfaction against the Central Government based on forged documents and with the motive to bring SSC aspirants to New Delhi on 31 March 2018 for CPI(ML) and Swaraj India's "Hallabol" premeditated violent agitation to assault police officers in Delhi and disrupt the city. It is noteworthy that lakhs of SSC aspirants from all over India taking coaching in Delhi were very well aware of the violent natrure of this agitation and stayed away from these protests. Your aforesaid reporter was also sitting in with these advocates of violence outside Mandir Marg Police Station on 31 March 2018 whiile they were coordinating attacks on police officers and other public servants utilising foreign social media resources..

Finally, I am suggesting that you have a personal / family conflict of interest qua the Indian National Congress Party, whose spokesperson had held a press conference on these alleged SSC paper leaks on or about 19 March 2018 where these alleged documents described by your reporter were circulated, and so should recuse from hearing my complaint.

sincerely



Sarbajit Roy

National Convenor
INDIA AGAINST CORRUPTION jan andolan
B-59 Defence Colony
New Delhi 110024

Tel : 8010205897

Monday, April 2, 2018

Re: [IAC#RG] the 'hard life' of army veterans

I just clicked on 'reply'. Not only the veterans, their families too. I saw how in 1962 my soldier brother.in.law's wife, my sister, gave her marriage jewellery to govt.to help finance relief and all army women knitted socks for the jawans on the front. Most of the fatalities in 1962 were due to zero acclimatization, mountain sickness leading to pulmonary odema (including of Gen. Kaul himself), and hypothermia. And a very confused command hierarchy (see D. K. Palit's War in High Himalaya, he was DMO then).

The situation will not be different in a future war in that sector no matter how much is spent on jets and new weaponry, given the high preparedness of the PLA and their political bosses. I have spent nights in PLA camps in Tibet on a journey to and fro Lhasa and seen the troops' high morale, excellent health status, good food supplies, visible mental resilience and, most of all, high altitude acclimatization on the Tibetan plateau at 12,000'.

Joya Roy


On 3 Apr 2018 7:57 a.m., "Aprrajita Sharma" <apu15153@gmail.com> wrote:
Your initiative to highlight how deserving veterans await due recognition while underseving ones are getting rewarded.

Also, how did you find my email address, I dont particularly recall knowing you, is there a common acquaintance? 

Regards

On 2 Apr 2018 21:21, "Prodipto Roy" <prodipto.r@gmail.com> wrote:

Sorry, I didn't understand - what initiative do you speak of?

Joya Roy


On 2 Apr 2018 9:19 p.m., "Aprrajita Sharma" <apu15153@gmail.com> wrote:
What a brilliant initiative. We vote for governments to place our TAXES into well deserved projects campaigns and recognitions. Thankyou for raising this burning issue. God bless Bhaarat. 
Jai bharti!

On 2 Apr 2018 07:47, "Prodipto Roy" <indiaresists@lists.riseup.net> wrote:

For Omkar Razdan ji.:

Many of us have soldiers in our families, who lived with bodies full of shrapnel and shellshocked ears till the end of their lives, having served at many war fronts. Some were  decorated, some forgotten. My IMA surgeon grandfather served in Mesopotamia, Cremia, Egypt in WWI, amputating wounded limbs of soldiers without anaesthesia or antibiotics, hearing their screams and seeing them die anyway which made him turn atheist.

Sarbajit's grandfather, also an army surgeon, was a Japanese POW for three years, living in the most inhuman conditions in SE Asia.

Which fronts did you and Annaji serve at? Please inform year, rank  and roles. What 'hard life' are you referring to?

My Mama Gen.  D.K. Palit in 1948 was the first army man to enter old Leh, where he secured the city against the so-called raiders, while Major Sharma lost his life defending Srinagar. My brother in-law lived near the Siachen glacier for three years in huge hardship.

We would like to felicitate you for your role in defending the motherland so please inform what assignments you and Annaji went on in service.

Joya Roy


On 28 Mar 2018 7:33 p.m., "Omkar Razdan" <indiaresists@lists.riseup.net> wrote:
respected Advocate Sahib

It would be very helpful if you comment over the ethicsless colleagues in your own profession. That would be creditworthy and appropriate
Regards & best wishes

Er. Omkar Razdan, Former Vice Chairman and, Life Member, Transparency International,India,


On Wednesday, 14 March, 2018, 7:42:33 AM IST, Aires Rodrigues <indiaresists@lists.riseup.net> wrote:


Over the last 50 years I have had the occasion to closely interact with some very good, not so good and some very awful Chief Secretaries and Director Generals of Police.  But the current Chief Secretary Dharmendra Sharma and DGP Dr Muktesh Chander could be rated very poorly for their miserable performance as both talk a lot but have sadly failed to walk their talk.

 

As the two most vital beauracrats of the State it was incumbent on them to be vigilant and loyal to the interests of Goa. But the two having acting as caged parrots of the ruling brigade have failed in their bounden duty to safeguard even the fundamental provisions of our Constitution and the framework of law.   

 

The bureaucrats should be independent and impartial while ensuring that the administration is free from political interference.  They should not shamelessly bow, bend and crawl all over, while blindly signing on the dotted line at the dictates of the political bosses.  Infact the bureaucrats must strictly function within the parameters of law and cannot end up being spineless slaves of the Political masters.

 

A bureaucrat by law is constitutionally duty bound to be politically neutral at all times. Ruling politicians cannot be using bureaucrats as pawns in their political games. We need to stem this interdependent chronic relationship that exists between Ministers and Civil servants. For Good Governance and Rule of law to prevail, the political neutrality and impartiality of the civil servants is very vital.  With bureaucrats acting as colluding caged parrots, the ruling party has been able to carry on with the further destruction and degradation of Goa. Once the Pearl of the Orient, it has now been reduced to a Corruption embedded gambling, prostitution, narcotics and crime hub.

 

The law requires that no Government servant should be politically biased or inclined to any party. May these great words of our late President Dr APJ Abdul Kalam be an inspiration to them all in the discharge of their duties. "If you salute your duty, you no need to salute anybody, but if you pollute your duty, you have to salute everybody". 



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


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