Saturday, July 13, 2013

[IAC#RG] IAC Platform only for Raising National Issues with Solutions

Dear honorable members of IAC List,

As responsible citizens, we raise national issues on this forum which must be allowed to be published. No individual bashing must be allowed under any circumstances. Individual bashing if at all needed, must be done one-on-one only and never through the list.

Some time, it is possible to even suggest a solution based upon how other countries have successfully done it or even as an original innovation by us Indians, and India can also do the same with suitable customization. Take for example, Nirbhaya case, many other criminals committing crimes, most recent Uttarakhand tragedy, if the nation had a "Mobile National Family Locator and People Monitoring (NFLMP) integrated with 100 Police Service for Safe India" in place and National Disaster Management Authority (NDMA) had carefully got the telecom services restoration policy in place involving all service providers including helilifting some self contained BTSs to become operational in 4 to 6 hours of the disaster, we might have got the real time, live accurate location of people trapped and rescue efforts even involving the parents, relatives, kith and kin and friends of the pilgrims (who through the mobiles also would have got the accurate location of their own people stuck in floods) jointly with central and local police organizations, were possible and who knows some people still gasping for breath would have been saved. Incidentally, even lodging a fool proof instant phone police FIR is also possible through the NFLPM.

Another example is Food Security Bill (FSB). While the intent behind 125,000 Cr (FSB) is indeed very good but 100 % past experience shows that every such scheme of the government is a scam in the making. Political Parties (PPs) have already crippled 750 million EWS people since independence by such schemes. Instead, if at least one job per family is created through massive round the year work on national and state infrastructure projects, both the growth and development happens at pace never seen earlier as also families earn their livelihood and buy food subsidized by the infrastructure developing companies and eat the same. Instead, the PPs have made the EWS much weaker by such scam ridden schemes and shamefully, such crippling of EWS continues unabated.

Which media has highlighted such things for the people of India to know that these are possible and Ministry of ICT, Ministry of Home Affairs (MHA), high profile NDMA and the office of honorable PM needs to be made more accountable and that Planning Commission needs to ensure that jobs get created through national and state infra projects allotted to bona fide bidders from a National E Tendering and Procurement System (NETPS). Instead, our media would highlight IPL spot fixing tirelessly, giving lime light to incompetent police who come on TV and start claiming credit for the superficial stuff but when it comes to hard core National Security and Public Safety (NSPS), crime against women and children etc, these same policemen and babus are no where to be seen on the media.  

All of us have seen day in and day out that increasingly media has become suspect in the matter of neutral political coverage in the absence of appropriate self enforced regulations which need to be monitored by an eminent non government national organization which must be funded automatically from the national budget and constitutionally empowered to suspend the license of that media house which violates the code of conduct more than three times in a year. 

In the light of the above, IAC quickly needs to expand its membership and reach so that it becomes a very powerful voice and brings out the truth to the people.
IAC list is a real opportunity to quickly expand as we find that some very eye opening analysis is done by some eminent members. We need to keep such things going with clear operating principles that the moderators follow the code of conduct. 

Jai Hind,

Col Mahesh Khera

Friday, July 12, 2013

Re: [IAC#RG] Are judges becoming too powerful ?

Dear sir
     You have really given the right picture about the judiciary. I may add that judiciary is less corrupt compare to other Govt. departments in India.
Dr N C Jain
13-7-13

From: vasant sardesai <vasant_sardesai@yahoo.co.in>
To: indiaresists@lists.riseup.net
Sent: Friday, July 12, 2013 7:23 PM
Subject: Re: [IAC#RG] Are judges becoming too powerful ?

What has been said about the judiciary, is very correct.

V. S. Sardesai
--------------------------------------------
On Fri, 12/7/13, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Subject: Re: [IAC#RG] Are judges becoming too powerful ?
To: "indiaresists" <indiaresists@lists.riseup.net>
Date: Friday, 12 July, 2013, 6:44 PM

Reading the posts of
members on this topic, I am truly appalled by the
level of Pavlovian Conditioning being exhibited by some
members.

Some random points:

1. The average Indian ('aam aadmi') attuned to
maai-baap culture is unable to comprehend the true
extent of corruption in the judiciary.


2. Many judges are corrupt, some judges are extremely
corrupt. What is EVEN  MORE CORRUPT are some
advocates who claim to be exposing corruption in the
judiciary.


3. The judiciary has converted themselves into a self
perpetuating (allegedly self regulating)  institution and
with their lakhs of black coated vulture acolytes are a
powerful SECRET SOCIETY and FRATERNITY (ie.
women are treated with contempt and as sex objects).



4. A Chief Justice may be the "Pope" or a
"Cardinal" or a "Bishop" but even he
defers to a higher authority. Chief
Justice Devinder Gupta - Grand Master of India



5. The Judiciary has a deep and interwoven Symbiotic
relationship with the Government. There is no such thing
as judicial independence, it is a myth. Today every member
of a Court Bar Association usually declares that his
"duty to the Court" is co-terminus with his
"obligation to his client".



6. The only thing which guides / propels the Judiciary today
is MONEY, POWER, LUST and all the
attendant evils.

7. Today the honest judges and advocates, and there are
quite a few of them, are so openly disgusted by the
power structures and corruption, that they are content to be
big fishes in their little ponds. You will usually find the
most honest lawyers and judges practising away diligently in
the lower / district courts - avoiding the High Courts and
SC like the plague. I have seen a few good lawyers who
became extremely bad judges when they crossed over to the
Dark Side.



8. The 'Aam Aadmi' is extremely foolish if he
thinks that Judiciary is the lesser evil compared to the
Government. The Devil comes in many disguises speaking
sweet words and hypnotising foolish people before cutting
their souls/purse. These sugar coated judgments are crafted
for publication in the corrupt paid media to make the common
crowd swallow bitter medicine which strips citizens from
their rights. Corrupt judgments are usually be so innocuous
that even experts won't detect it till it it is used a a
precedent for some truly serious highway robbery.



9. There are vast para-legal networks chugging away which
can FIX anything anywhere.

10. Any sane person will stay as far away from courts and
lawyers as possible and ignore everything they read / watch
in the newspapers / TV about our great Judiciary which is
"fixing" India's ills. These are all
lollipops designed to keep aam aadmi tranquilised and
the machine in business.





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Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

Dear all

No body have any discretionary power to allow any violators to go
Scot free.. This is the misapprehension of many people in this
country that if u are powerful u need not bother about various
stipulations.. whether it is common man or P.M. law should be followed
scrupulously. The incident narrated in this subject shows the common
thinking prevailing within the top level leaders of AAP. they are not
even understood the quality of leadership.. Leaders should be moral
guiding factor for its followers. This country is ruined because of
low quality of leadership.. "A country will be prosperous if the King
stays in Huts and common man in palaces" This is about highest
standards of quality,,, he should be free from slightest degree of
personal ego, compassionate, high thinking and low living,, He always
keep away from all kind of flattering,,, This kind of high level
quality is not visible in any of AAP leaders.. They have failed to
follow a single lesson from ANNA Hazare

regards

On 7/13/13, Sarbajit Roy <sroy.mb@gmail.com> wrote:
> *Dear SR*
>
> I have noted your sentiments (and also those of another member Suneel
> Prasad who opines that policemen have discretionary power to let off
> offenders).
>
> Those who expect / claim to represent the people must display the highest
> standards of probity in their personal life.
>
> I bring to your notice some observations of the Supreme Court:-
>
> "*In a country governed by the rule of law, nobody is above the law,
> including judicial officers.*"
>
> The Supreme Court was of the view that a judge's official and personal
> conduct must be in tune with the* "highest standard of propriety and
> probity. If she has deliberately chosen to depart from these high and
> exacting standards, she is appropriately liable for disciplinary action*"
>
> Arvind is the one who called Parliament a den of thieves. AAP's top Mumbai
> man Mayank Gandhi is now, by his own public statement, exposed as no better
> than them.
>
> Accordingly, I have given Arvind a public challenge to either begin the
> process of expelling Mayank Gandhi immediately, or take action through
> AAP's "*Internal Lokpal*" against him on my formal complaint, a copy of
> which was separately emailed to Arvind..
>
> It is not a question of Re.1 or Rs.100 or Rs.100crores. It is the *MORAL
> PRINCIPLE*
>
> If AAP's so-called eminent citizens LokPal can't even investigate a Rs.100
> complaint against its own members how can a Jan Lokpal investigate a
> complaint of Rs.1,000 crores against powerful outsiders. *As an engineer, I
> would say the Lokpal concept has flopped on the drawing board inside the
> lab
> *.
>
> *PS:* Incidentally the observations of the SC were in 2011 in a matter
> where a Mumbai lady magistrate was dismissed from the judicial service for
> traveling without a Rs.17 ticket in a Mumbai local train.
>
> Insofar as AAP's working against corruption is concerned, I have clearly
> stated that not even 1 matter agitated by them has resulted in any
> conviction. In fact they are hired guns (aka NGO for hire) who intervene in
> PILs of other people and attempt to stall / derail them. COALGATE and CAG
> appointment being prime examples of their tactics.
>
> Also, knowing AAP's dirty tricks dept, I'm sure they'll "procure" a
> back-dated receipt from the cops to show that Mayank Gandhi paid the
> challan.
>
> Sarbajit
>
> On Sat, Jul 13, 2013 at 8:21 AM, <ssr.singh@gmail.com> wrote:
>
>> Dear Sir,
>>
>> Good Morning.
>>
>> As a convenor of IAC, we place you very high and are saddened when you
>> join non issues.
>>
>> I am not from AAP, yet find that they are doing something. Just writing
>> mails and shooting letters are hardly of any significance.
>>
>> Hope you will honour our expectations.
>>
>> Anyone who is fighting corrupt system is far superior to those who are
>> just bent upon criticising.
>>
>> Regards and best wishes.
>>
>> SR
>> Regards,
>>
>> SR
>>
>> -----Original Message-----
>> From: Sarbajit Roy <sroy.mb@gmail.com>
>> Sender: indiaresists-request@lists.riseup.net
>> Date: Sat, 13 Jul 2013 08:05:27
>> To: indiaresists<indiaresists@lists.riseup.net>; Amitabh Lucknow<
>> amitabhthakurlko@gmail.com>; urvashi sharma<rtimahilamanchup@gmail.com>;
>> <
>> parivartanindia@gmail.com>
>> Reply-To: indiaresists@lists.riseup.net
>> Subject: Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?
>>
>> Post: "indiaresists@lists.riseup.net"
>> Exit: "indiaresists-unsubscribe@lists.riseup.net"
>> Quit: "https://lists.riseup.net/www/signoff/indiaresists"
>> Help: https://help.riseup.net/en/list-user
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>>
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>>
>


--
http://freedomteam.in/blog/wp-content/uploads/2012/10/ftilogo-new-300x183.jpg
P. Sureshan,
Advocate-on-record, Supreme Court Of India,
NLC( India ) Law Office
257-F, Ground Floor,Street No-6, West Guru Angad Nagar, Laxmi Nagar,
Delhi-92..... Ph: 9818083219,8802797432

Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

Dear SR

I have noted your sentiments (and also those of another member Suneel Prasad who opines that policemen have discretionary power to let off offenders).

Those who expect / claim to represent the people must display the highest standards of probity in their personal life.

I bring to your notice some observations of the Supreme Court:-

"In a country governed by the rule of law, nobody is above the law, including judicial officers."

The Supreme Court was of the view that a judge's official and personal conduct must be in tune with the "highest standard of propriety and probity. If she has deliberately chosen to depart from these high and exacting standards, she is appropriately liable for disciplinary action"

Arvind is the one who called Parliament a den of thieves. AAP's top Mumbai man Mayank Gandhi is now, by his own public statement, exposed as no better than them.

Accordingly, I have given Arvind a public challenge to either begin the process of expelling Mayank Gandhi immediately, or take action through AAP's "Internal Lokpal" against him on my formal complaint, a copy of which was separately emailed to Arvind..

It is not a question of Re.1 or Rs.100 or Rs.100crores. It is the MORAL PRINCIPLE

If AAP's so-called eminent citizens LokPal can't even investigate a Rs.100 complaint against its own members how can a Jan Lokpal investigate a complaint of Rs.1,000 crores against powerful outsiders. As an engineer, I would say the Lokpal concept has flopped on the drawing board inside the lab.

PS: Incidentally the observations of the SC were in 2011 in a matter where a Mumbai lady magistrate was dismissed from the judicial service for traveling without a Rs.17 ticket in a Mumbai local train.

Insofar as AAP's working against corruption is concerned, I have clearly stated that not even 1 matter agitated by them has resulted in any conviction. In fact they are hired guns (aka NGO for hire) who intervene in PILs of other people and attempt to stall / derail them. COALGATE and CAG appointment being prime examples of their tactics.

Also, knowing AAP's dirty tricks dept, I'm sure they'll "procure" a back-dated receipt from the cops to show that Mayank Gandhi paid the challan.

Sarbajit

On Sat, Jul 13, 2013 at 8:21 AM, <ssr.singh@gmail.com> wrote:
Dear Sir,

Good Morning.

As a convenor of IAC, we place you very high and are saddened when you join non issues.

I am not from AAP, yet find that they are doing something. Just writing mails and shooting letters are hardly of any significance.

Hope you will honour our expectations.

Anyone who is fighting corrupt system is far superior to those who are just bent upon criticising.

Regards and best wishes.

SR
Regards,

SR

-----Original Message-----
From: Sarbajit Roy <sroy.mb@gmail.com>
Sender: indiaresists-request@lists.riseup.net
Date: Sat, 13 Jul 2013 08:05:27
To: indiaresists<indiaresists@lists.riseup.net>; Amitabh Lucknow<amitabhthakurlko@gmail.com>; urvashi sharma<rtimahilamanchup@gmail.com>; <parivartanindia@gmail.com>
Reply-To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?


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Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

I also sincerely agree with the mail below for same, simply writing letters and emails are not a solution to this problem. But Mr. Roy is notoroious for only writing mails or articles but do not have any actual action capabilities.

Though it is being requested for the same from his side, each time such lambasting is done on people who are at least seen working by him. Though he is knowledgeable, he participate in criticizing people rather helping them.

If he helps people, he will definately make impact on all our community. 

Regards,

Hemant K

On Sat, Jul 13, 2013 at 8:21 AM, <ssr.singh@gmail.com> wrote:
Dear Sir,

Good Morning.

As a convenor of IAC, we place you very high and are saddened when you join non issues.

I am not from AAP, yet find that they are doing something. Just writing mails and shooting letters are hardly of any significance.

Hope you will honour our expectations.

Anyone who is fighting corrupt system is far superior to those who are just bent upon criticising.

Regards and best wishes.

SR
Regards,

SR

-----Original Message-----
From: Sarbajit Roy <sroy.mb@gmail.com>
Sender: indiaresists-request@lists.riseup.net
Date: Sat, 13 Jul 2013 08:05:27
To: indiaresists<indiaresists@lists.riseup.net>; Amitabh Lucknow<amitabhthakurlko@gmail.com>; urvashi sharma<rtimahilamanchup@gmail.com>; <parivartanindia@gmail.com>
Reply-To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

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Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

What a ridiculous and biased spin and interpretation.
 
Any policeman very much has the discretion to either fine or traffic rules violator or leaving him / her with a warning if he feels the error was unintentional
 
But where has your faculty of logical discretion gone, or is there a personal agenda. As they say "Bat ka Batangad Banana". Do leave that to to our archtypical politicians of current genre; or join them.
 
Also - Is this an arm chair AAP bashing forum; could you please make it clear
 
Regards
Suneel Prasad

From: Sarbajit Roy <sroy.mb@gmail.com>
To: indiaresists <indiaresists@lists.riseup.net>; Amitabh Lucknow <amitabhthakurlko@gmail.com>; urvashi sharma <rtimahilamanchup@gmail.com>; parivartanindia@gmail.com
Sent: Saturday, 13 July 2013 8:05 AM
Subject: Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

To: National Convenor,
Aam Aadmi Party (Regd.)

13.07.2013
Dear Arvind

Your in-house JOKEPALs may have "exonerated" Mayank Gandhi of corruption charges, but he is back to his old corrupt tricks.

It seems while committing a series of offences in a motor vehicle with your party stickers on it (and near your place of residence - the old one in UP) AAP's Mumbai supremo Mayank Gandhi also accepted a bribe of Rs.100 from a police officer (thereby causing great loss of revenue to the UP government).

Let us also see if Amitabh Thakur (IPS) or Urvashi Sharma can do anything with this

http://mayankgandhi05.blogspot.in/2013/07/delhi-chalo-war-for-india.html

"I have brought my car from Mumbai and while driving to the Kausumbhi office, I was stopped by a traffic constable for not having LPG entry in the RC book. He saw the AAP stickers and asked if I was connected to the party. He then called 4 of his superiors who were on the road and all came with me with folded hands asking me to convey their regards to Arvind. In the evening, we drove through a red light by mistake and another traffic constable stopped us. Seeing we were with AAP, he said that he will charge only Rs 100. Soon, he changed his mind, pushed the 100 Re note in my pocket and said "How can I take money from Kejriwal's people?". He warned me not to repeat the offence and let me go."

Since your Mumbai in-charge also has the "balls" to blog this (in a blog ironically titled "Nation Building") v1.ROMF, why don't you show us that YOURS are honest by turning in Mayank to your close pal Akhiklesh and get the corrupt cop dismissed.

PS: since not a single person has ever been challaned / convicted / indicted on any of your hysterical charges, please show us that you can get an ordinary traffic constable (lowest grade of police officer as per CrPC) convicted (or even challaned) for a self admitted offence by your party person.

Kindly forward my complaint to AAP's Lokpal's for necessary action as per your public pledge that corrupt people will not be tolerated in your party.

Warmly

Sarbajit
National Convenor
India Against Corruption, jan andolan

On Sat, Jun 15, 2013 at 2:20 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
It has taken 9 months for AAP to "clear" Mayank Gandhi of corruption charges leveled against him by Viren Shah and others. The baby they delivered is still-born.

8 of those 9 months were spent in desperately searching for 2 persons (in the whole of India) who would exonerate Mayank against the specific charges made against him with reams of evidence.

Actually when I had raised the issue of non-investigation of charges against Mayank Gandhi, Anjali Damania and Prashant Bhushan 3 months back, AAP publicly said no charges had been made against them - a blatant lie as it now turns out.

So lets see who the 2 scamps (for that is the best word to describe them) they found to exonerate Mayank Gandhi are.

a) Admiral Ramdas (Retd CoNS)
b) Illina Sen (wife of Binayak Sen) (and so what if she is a lady)

both of whom are so close to Prashant Bhushan that even the worlds thinnest condom will find it tough to squeeze between them.

After reading their semi-illiterate and mendacious exoneration of Mayank. Gandhi, I look forward to reading how they now get Ms. Damania and Mr. Bhushan off.

So if this is the brave new world Aam Aadmi Party is offering us - where judge, jury and executioner are all "fixed" (remember the Amar Singh allegations against Shanti Bhushan of fixing a judge for 4 crores), please give me Amar Singh any day for at least he makes no pretence of being honest.

Sarbajit



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Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

Dear Sir,

Good Morning.

As a convenor of IAC, we place you very high and are saddened when you join non issues.

I am not from AAP, yet find that they are doing something. Just writing mails and shooting letters are hardly of any significance.

Hope you will honour our expectations.

Anyone who is fighting corrupt system is far superior to those who are just bent upon criticising.

Regards and best wishes.

SR
Regards,

SR

-----Original Message-----
From: Sarbajit Roy <sroy.mb@gmail.com>
Sender: indiaresists-request@lists.riseup.net
Date: Sat, 13 Jul 2013 08:05:27
To: indiaresists<indiaresists@lists.riseup.net>; Amitabh Lucknow<amitabhthakurlko@gmail.com>; urvashi sharma<rtimahilamanchup@gmail.com>; <parivartanindia@gmail.com>
Reply-To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

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Re: [IAC#RG] Arvind Kejriwal, who are you fooling ?

To: National Convenor,
Aam Aadmi Party (Regd.)

13.07.2013
Dear Arvind

Your in-house JOKEPALs may have "exonerated" Mayank Gandhi of corruption charges, but he is back to his old corrupt tricks.

It seems while committing a series of offences in a motor vehicle with your party stickers on it (and near your place of residence - the old one in UP) AAP's Mumbai supremo Mayank Gandhi also accepted a bribe of Rs.100 from a police officer (thereby causing great loss of revenue to the UP government).

Let us also see if Amitabh Thakur (IPS) or Urvashi Sharma can do anything with this

http://mayankgandhi05.blogspot.in/2013/07/delhi-chalo-war-for-india.html

"I have brought my car from Mumbai and while driving to the Kausumbhi office, I was stopped by a traffic constable for not having LPG entry in the RC book. He saw the AAP stickers and asked if I was connected to the party. He then called 4 of his superiors who were on the road and all came with me with folded hands asking me to convey their regards to Arvind. In the evening, we drove through a red light by mistake and another traffic constable stopped us. Seeing we were with AAP, he said that he will charge only Rs 100. Soon, he changed his mind, pushed the 100 Re note in my pocket and said "How can I take money from Kejriwal's people?". He warned me not to repeat the offence and let me go."

Since your Mumbai in-charge also has the "balls" to blog this (in a blog ironically titled "Nation Building") v1.ROMF, why don't you show us that YOURS are honest by turning in Mayank to your close pal Akhiklesh and get the corrupt cop dismissed.

PS: since not a single person has ever been challaned / convicted / indicted on any of your hysterical charges, please show us that you can get an ordinary traffic constable (lowest grade of police officer as per CrPC) convicted (or even challaned) for a self admitted offence by your party person.

Kindly forward my complaint to AAP's Lokpal's for necessary action as per your public pledge that corrupt people will not be tolerated in your party.

Warmly

Sarbajit
National Convenor
India Against Corruption, jan andolan

On Sat, Jun 15, 2013 at 2:20 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
It has taken 9 months for AAP to "clear" Mayank Gandhi of corruption charges leveled against him by Viren Shah and others. The baby they delivered is still-born.

8 of those 9 months were spent in desperately searching for 2 persons (in the whole of India) who would exonerate Mayank against the specific charges made against him with reams of evidence.

Actually when I had raised the issue of non-investigation of charges against Mayank Gandhi, Anjali Damania and Prashant Bhushan 3 months back, AAP publicly said no charges had been made against them - a blatant lie as it now turns out.

So lets see who the 2 scamps (for that is the best word to describe them) they found to exonerate Mayank Gandhi are.

a) Admiral Ramdas (Retd CoNS)
b) Illina Sen (wife of Binayak Sen) (and so what if she is a lady)

both of whom are so close to Prashant Bhushan that even the worlds thinnest condom will find it tough to squeeze between them.

After reading their semi-illiterate and mendacious exoneration of Mayank. Gandhi, I look forward to reading how they now get Ms. Damania and Mr. Bhushan off.

So if this is the brave new world Aam Aadmi Party is offering us - where judge, jury and executioner are all "fixed" (remember the Amar Singh allegations against Shanti Bhushan of fixing a judge for 4 crores), please give me Amar Singh any day for at least he makes no pretence of being honest.

Sarbajit


Re: [IAC#RG] Are judges becoming too powerful ?

Dear ErSarbajitRoy,
Greetings.
We all are appalled, but that will not  be of any use to man or beast !
Some reasonably helpful solution is the need of the hour. I felt Judiciary sympathetic to PILs from Knowledgable and alert Citizens 
will act as a corrective mechanism. In these trying days of absolute powermonngering by politicos and criminals of both social and corporate kinds, Judicial activism is helpful till we can put in place an alternative. It would be a decent alternative to any of RamRaj or Rome Raj or appeasement Raj.
Do feel free to correct me as I value your advise.
Veteran ( LtCol) TTKishore

On Friday, July 12, 2013, Sarbajit Roy wrote:
Reading the posts of members on this topic, I am truly appalled by the level of Pavlovian Conditioning being exhibited by some members.

Some random points:


1. The average Indian ('aam aadmi') attuned to maai-baap culture is unable to comprehend the true extent of corruption in the judiciary.

2. Many judges are corrupt, some judges are extremely corrupt. What is EVEN  MORE CORRUPT are some advocates who claim to be exposing corruption in the judiciary.

3. The judiciary has converted themselves into a self perpetuating (allegedly self regulating)  institution and with their lakhs of black coated vulture acolytes are a powerful SECRET SOCIETY and FRATERNITY (ie. women are treated with contempt and as sex objects).

4. A Chief Justice may be the "Pope" or a "Cardinal" or a "Bishop" but even he defers to a higher authority. Chief Justice Devinder Gupta - Grand Master of India

5. The Judiciary has a deep and interwoven Symbiotic relationship with the Government. There is no such thing as judicial independence, it is a myth. Today every member of a Court Bar Association usually declares that his "duty to the Court" is co-terminus with his "obligation to his client".

6. The only thing which guides / propels the Judiciary today is MONEY, POWER, LUST and all the attendant evils.

7. Today the honest judges and advocates, and there are quite a few of them, are so openly disgusted by the power structures and corruption, that they are content to be big fishes in their little ponds. You will usually find the most honest lawyers and judges practising away diligently in the lower / district courts - avoiding the High Courts and SC like the plague. I have seen a few good lawyers who became extremely bad judges when they crossed over to the Dark Side.

8. The 'Aam Aadmi' is extremely foolish if he thinks that Judiciary is the lesser evil compared to the Government. The Devil comes in many disguises speaking sweet words and hypnotising foolish people before cutting their souls/purse. These sugar coated judgments are crafted for publication in the corrupt paid media to make the common crowd swallow bitter medicine which strips citizens from their rights. Corrupt judgments are usually be so innocuous that even experts won't detect it till it it is used a a precedent for some truly serious highway robbery.

9. There are vast para-legal networks chugging away which can FIX anything anywhere.

10. Any sane person will stay as far away from courts and lawyers as possible and ignore everything they read / watch in the newspapers / TV about our great Judiciary which is "fixing" India's ills. These are all lollipops designed to keep aam aadmi tranquilised and the machine in business.



--
LTCOL(retd) T T KISHORE
FLAT NO-134, SECTOR-A,
AWHO COLONY, SIKH ROAD,
GAUTAM ENCLAVE,
SECUNDERABAD-09
Res-040-27840415
Cell-9912594602

Re: [IAC#RG] Are judges becoming too powerful ?

Some home truths indeed by Sarbajit Roy!


If that be so for the executive, the Commission has this to say about the judiciary: 'Judicial system has not been able to meet even the modest expectations of the society.  Its delays and costs are frustrating, its processes slow and uncertain.  People are pushed to seek recourse to extra-legal methods for relief.  Trial system both on the civil and criminal side has utterly broken down.' Also, 'Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice'.
-REPORT OF THE NATIONAL COMMISSION TO REVIEW THE WORKING OF THE CONSTITUTION.

Of the 11 members in the Commission, including the chairman, 4 (M.N. Venkatachaliah, B.P. Jeevan Reddy, R.S. Sarkaria and Kottapalli Punnayya) were judges of the Supreme Court/High Courts, 2 (Soli J. Sorabjee and K. Parasaran) are advocates, 2 (P.A.Sangma and Sumitra G. Kulkarni) political nominees, 2 (Dr.Subhash C. Kashyap and Dr. Abid Hussain) bureaucrats and just one (C.R. Irani) representative from the media! So no prizes for guessing why Dr Kashyap has written in his Notes: 'The Chapter 7 of the Report is titled 'The Judiciary'.  This chapter particularly is seriously flawed and distorted. The much needed Judicial Reform issues have not been even touched or these got deleted in the final draft'? And, if you analyse why this remark had to be made, is spite of the preponderous judicial presence, you will perhaps understand how the Commission has failed us, the citizens, comprehensively!

Now this is what I have deducted from first principles:

Amoung the three organs of our Constitution the law-makers are controlled by the people, bureaucracy (yes, bureaucracy, because without the active support of the bureaucracy no politician can do any wrong!) and finally the judiciary; the law-enforcers are also controlled by the law-makers and the judiciary. And then there are the ears and eyes of the people- the media waiting to sensationalise every news involving the misdemeanour of these authorities. Inspite of such strict supervision and control all that we can hear these days are about politician-bureaucrat-underworld nexus even though the fact remains that none, worth the name, from this unholy nexus have ever been punished by the holier-than-thou judiciary.

So now think how bad a system can be which is not only NOT subject to supervision but also kept beyond critical observation. Well isn't our judiciary is just that? And do I need to recapitulate that quip: power corrupts and absolute power corrupts absolutely?

And here are some more:

1. There is at least one successful criminal lawyer behind every successful criminal!

2. And with every successful criminal lawyer there is at least one 'uncle' judge!

3. There are three types of criminals in this country:

      - the petty criminals who are caught and punished, sometimes for crimes not even known to them!

      - the professional criminals who are recognised, used but never apprehended or punished!  and

      - the unseen but most potent criminals- like the Octon of Mandrake comics or High Command in politics!

regards n bw

ravi

On Fri, Jul 12, 2013 at 6:44 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Reading the posts of members on this topic, I am truly appalled by the level of Pavlovian Conditioning being exhibited by some members.

Some random points:


1. The average Indian ('aam aadmi') attuned to maai-baap culture is unable to comprehend the true extent of corruption in the judiciary.

2. Many judges are corrupt, some judges are extremely corrupt. What is EVEN  MORE CORRUPT are some advocates who claim to be exposing corruption in the judiciary.

3. The judiciary has converted themselves into a self perpetuating (allegedly self regulating)  institution and with their lakhs of black coated vulture acolytes are a powerful SECRET SOCIETY and FRATERNITY (ie. women are treated with contempt and as sex objects).

4. A Chief Justice may be the "Pope" or a "Cardinal" or a "Bishop" but even he defers to a higher authority. Chief Justice Devinder Gupta - Grand Master of India

5. The Judiciary has a deep and interwoven Symbiotic relationship with the Government. There is no such thing as judicial independence, it is a myth. Today every member of a Court Bar Association usually declares that his "duty to the Court" is co-terminus with his "obligation to his client".

6. The only thing which guides / propels the Judiciary today is MONEY, POWER, LUST and all the attendant evils.

7. Today the honest judges and advocates, and there are quite a few of them, are so openly disgusted by the power structures and corruption, that they are content to be big fishes in their little ponds. You will usually find the most honest lawyers and judges practising away diligently in the lower / district courts - avoiding the High Courts and SC like the plague. I have seen a few good lawyers who became extremely bad judges when they crossed over to the Dark Side.

8. The 'Aam Aadmi' is extremely foolish if he thinks that Judiciary is the lesser evil compared to the Government. The Devil comes in many disguises speaking sweet words and hypnotising foolish people before cutting their souls/purse. These sugar coated judgments are crafted for publication in the corrupt paid media to make the common crowd swallow bitter medicine which strips citizens from their rights. Corrupt judgments are usually be so innocuous that even experts won't detect it till it it is used a a precedent for some truly serious highway robbery.

9. There are vast para-legal networks chugging away which can FIX anything anywhere.

10. Any sane person will stay as far away from courts and lawyers as possible and ignore everything they read / watch in the newspapers / TV about our great Judiciary which is "fixing" India's ills. These are all lollipops designed to keep aam aadmi tranquilised and the machine in business.


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--
Veteran Major P M Ravindran
 
You may also like to visit:
'Judiciary Watch' at www.vigilonline.com 

Re: [IAC#RG] Are judges becoming too powerful ?

This is one of the many bests from Mr Sarbajit nd actually sums up the darkest era of India. The Q is what is the solution when P, B, P nd J are in the gutter nd 750 Million vote bank is being used by all PPs. Would look fwd to IAC becoming a solution architect by expanding its reach and some how defeating the paid media too.
Warm regards,
Mahesh Khera
Sent from my mobile

-----Original Message-----
From: Sarbajit Roy <sroy.mb@gmail.com>
Sender: indiaresists-request@lists.riseup.net
Date: Fri, 12 Jul 2013 18:44:04
To: indiaresists<indiaresists@lists.riseup.net>
Reply-To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Are judges becoming too powerful ?

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RE: [IAC#RG] Are judges becoming too powerful ?

The present CJ,Sathasivam is a protege of the tainted KG Balakrishnan who was presented with  Chairmanship of HRC by Sonia Maino.


navnith

 

 


 

Date: Fri, 12 Jul 2013 18:44:04 +0530
From: sroy.mb@gmail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] Are judges becoming too powerful ?

Reading the posts of members on this topic, I am truly appalled by the level of Pavlovian Conditioning being exhibited by some members.

Some random points:


1. The average Indian ('aam aadmi') attuned to maai-baap culture is unable to comprehend the true extent of corruption in the judiciary.

2. Many judges are corrupt, some judges are extremely corrupt. What is EVEN  MORE CORRUPT are some advocates who claim to be exposing corruption in the judiciary.

3. The judiciary has converted themselves into a self perpetuating (allegedly self regulating)  institution and with their lakhs of black coated vulture acolytes are a powerful SECRET SOCIETY and FRATERNITY (ie. women are treated with contempt and as sex objects).

4. A Chief Justice may be the "Pope" or a "Cardinal" or a "Bishop" but even he defers to a higher authority. Chief Justice Devinder Gupta - Grand Master of India

5. The Judiciary has a deep and interwoven Symbiotic relationship with the Government. There is no such thing as judicial independence, it is a myth. Today every member of a Court Bar Association usually declares that his "duty to the Court" is co-terminus with his "obligation to his client".

6. The only thing which guides / propels the Judiciary today is MONEY, POWER, LUST and all the attendant evils.

7. Today the honest judges and advocates, and there are quite a few of them, are so openly disgusted by the power structures and corruption, that they are content to be big fishes in their little ponds. You will usually find the most honest lawyers and judges practising away diligently in the lower / district courts - avoiding the High Courts and SC like the plague. I have seen a few good lawyers who became extremely bad judges when they crossed over to the Dark Side.

8. The 'Aam Aadmi' is extremely foolish if he thinks that Judiciary is the lesser evil compared to the Government. The Devil comes in many disguises speaking sweet words and hypnotising foolish people before cutting their souls/purse. These sugar coated judgments are crafted for publication in the corrupt paid media to make the common crowd swallow bitter medicine which strips citizens from their rights. Corrupt judgments are usually be so innocuous that even experts won't detect it till it it is used a a precedent for some truly serious highway robbery.

9. There are vast para-legal networks chugging away which can FIX anything anywhere.

10. Any sane person will stay as far away from courts and lawyers as possible and ignore everything they read / watch in the newspapers / TV about our great Judiciary which is "fixing" India's ills. These are all lollipops designed to keep aam aadmi tranquilised and the machine in business.


Post: "indiaresists@lists.riseup.net" Exit: "indiaresists-unsubscribe@lists.riseup.net" Quit: "https://lists.riseup.net/www/signoff/indiaresists" Help: https://help.riseup.net/en/list-user WWW : http://indiaagainstcorruption.net.in

Re: [IAC#RG] Are judges becoming too powerful ?

Mr Gaur,
 
    My compliments for a very well argued rejoinder to the mail advocating restrain on behalf of the judiciary . In dire times we need to look at the over all effect of an action by a constitutional entity ; rather than sit knit picking as to  "whose turf " , if at all has been trespassed ! What is being advocated is exactly the malaise exploited by the babus , netas & some of the so called Constitutional experts to stall any corrective move by just a handful of conscientious individuals left in the Constitutional institutions . Recall the statement from our very learned FM  post 'Chit Fund ' scam -- " it happened 'cause there are grey areas in respect of the turf of regulating bodies (!)" or words to that effect. 
  
    Another absurd logic is since the judiciary too have black sheep amongst them , what right do they have to point fingers at others ? It reminds one of the out of times wisdom of the hoary past , often quoted that only those who have not sinned ever may cast the first stone! Mr NS Venkatraman , then no sinner will ever get punished & we are doomed for ever & ever . The coming generations will never forgive us for the mess we will leave behind for them to suffer .
  • Moral of the Story :   When the choice is between ; you act you will be damned and if you don't act the nation / society will be damned , the wise would agree to act & be damned ! Let us compliment them !! 
 
= = Maj Gen N Bahadur,Veteran
      National Convener, SSSM.
From: Gaur J K <gaurjk@hotmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Friday, 12 July 2013 3:39 PM
Subject: RE: [IAC#RG] Are judges becoming too powerful ?

Dt.12/7/13
No sir, I dont think so.
If you have the recent pronouncements about election in mind, please think in which democratic countries, almost 1/3 of the MPs have criminal cases pending against them? The argument of the politicians that most of them are politically motivated, is specious. If the fault lies with police investigation, imagine how many innocents from civil society must be languishing in prisons through false and motivated cases of the family,relations and the State.
Election reforms have been overdue and there was so much discussion on this forum.
All political parties pay lip service to the reforms but do precious little through legislation/amendment in election laws.
In which democracy you have scams unearthed year after year as in India Tjere were 21 scams in 2011 and 20 in 2012 as listed inWikipedia and the list goes upto 1948 in decending number.
CIC,s historical decison on Scope of RTI extending to political parties is being negated through ordinance or amendment in the ACT.
Governance abhors vaccum and if the executive and the legislature leave the space,judiciary which is very much a part of governance has to step in.
Regds
JKGaur 
 
Date: Thu, 11 Jul 2013 20:20:15 +0530
From: nsvenkatchennai@gmail.com
To: indiaresists@lists.riseup.net
Subject: [IAC#RG] Are judges becoming too powerful ?

 To
India Against Corruption



                                    Are judges becoming too powerful  ?


In recent times, it appears that the country is being run by judiciary.  There are many occasions when one may  think that the judiciary  is commenting and passing judgements on matters , which should really form part of governance  and  where there is  no issue of law involved.  
Even if there are potholes on the road , people take the issue to court and the judges entertain such cases and then make strong observations about the poor  quality of governance.  In the process, reluctantly or otherwise, the  judiciary  is  causing great damage to the reputation of the government and  reducing the esteem of the persons holding high and responsible position such as Prime Minister,  in the eyes of the citizens. 
In our country where  the credibility  of ministers, politicians and bureaucrats have become so low, many people tend to support judiciary  without questioning the appropriateness of the role of judiciary in  interfering in the matters of governance , when it makes highly adverse comments.
 We seem to be redefining  the role of judiciary in India.  The question is whether all  the judges are always honest  and credible unlike some  politicians and bureaucrats.  The sad fact is that many judges themselves have been accused of dishonest practices and  corruption in recent times.   Is it right  to put so much of faith on the judiciary in such conditions  and is it not a calculated risk ?
Since  citizens  feel  helpless  in the light of  the  inefficiency and corruption of the ministers and government machinery and  are  desperately looking for solution, judiciary  appears to be stepping   into  the vacuum.


N.S.Venkataraman
Nandini Voice For The Deprived
Email:- nsvenkatchennai@gmail.com

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Re: [IAC#RG] Are judges becoming too powerful ?

Dear Sarabjit
Where to get that lot who is holier than the judiciary and politicians. People who have expressed their views know everything and do not trust the politicians but they do trust the judiciary. We can then say they are the holiest of the lot in spite of the corruption tag against them. WE SURELY CANNOT BRING GODS IN INDIA
Vijoy Ambasta


On Fri, Jul 12, 2013 at 6:44 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Reading the posts of members on this topic, I am truly appalled by the level of Pavlovian Conditioning being exhibited by some members.

Some random points:


1. The average Indian ('aam aadmi') attuned to maai-baap culture is unable to comprehend the true extent of corruption in the judiciary.

2. Many judges are corrupt, some judges are extremely corrupt. What is EVEN  MORE CORRUPT are some advocates who claim to be exposing corruption in the judiciary.

3. The judiciary has converted themselves into a self perpetuating (allegedly self regulating)  institution and with their lakhs of black coated vulture acolytes are a powerful SECRET SOCIETY and FRATERNITY (ie. women are treated with contempt and as sex objects).

4. A Chief Justice may be the "Pope" or a "Cardinal" or a "Bishop" but even he defers to a higher authority. Chief Justice Devinder Gupta - Grand Master of India

5. The Judiciary has a deep and interwoven Symbiotic relationship with the Government. There is no such thing as judicial independence, it is a myth. Today every member of a Court Bar Association usually declares that his "duty to the Court" is co-terminus with his "obligation to his client".

6. The only thing which guides / propels the Judiciary today is MONEY, POWER, LUST and all the attendant evils.

7. Today the honest judges and advocates, and there are quite a few of them, are so openly disgusted by the power structures and corruption, that they are content to be big fishes in their little ponds. You will usually find the most honest lawyers and judges practising away diligently in the lower / district courts - avoiding the High Courts and SC like the plague. I have seen a few good lawyers who became extremely bad judges when they crossed over to the Dark Side.

8. The 'Aam Aadmi' is extremely foolish if he thinks that Judiciary is the lesser evil compared to the Government. The Devil comes in many disguises speaking sweet words and hypnotising foolish people before cutting their souls/purse. These sugar coated judgments are crafted for publication in the corrupt paid media to make the common crowd swallow bitter medicine which strips citizens from their rights. Corrupt judgments are usually be so innocuous that even experts won't detect it till it it is used a a precedent for some truly serious highway robbery.

9. There are vast para-legal networks chugging away which can FIX anything anywhere.

10. Any sane person will stay as far away from courts and lawyers as possible and ignore everything they read / watch in the newspapers / TV about our great Judiciary which is "fixing" India's ills. These are all lollipops designed to keep aam aadmi tranquilised and the machine in business.


Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
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Re: [IAC#RG] Are judges becoming too powerful ?

What has been said about the judiciary, is very correct.

V. S. Sardesai
--------------------------------------------
On Fri, 12/7/13, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Subject: Re: [IAC#RG] Are judges becoming too powerful ?
To: "indiaresists" <indiaresists@lists.riseup.net>
Date: Friday, 12 July, 2013, 6:44 PM

Reading the posts of
members on this topic, I am truly appalled by the
level of Pavlovian Conditioning being exhibited by some
members.

Some random points:

1. The average Indian ('aam aadmi') attuned to
maai-baap culture is unable to comprehend the true
extent of corruption in the judiciary.


2. Many judges are corrupt, some judges are extremely
corrupt. What is EVEN  MORE CORRUPT are some
advocates who claim to be exposing corruption in the
judiciary.


3. The judiciary has converted themselves into a self
perpetuating (allegedly self regulating)  institution and
with their lakhs of black coated vulture acolytes are a
powerful SECRET SOCIETY and FRATERNITY (ie.
women are treated with contempt and as sex objects).



4. A Chief Justice may be the "Pope" or a
"Cardinal" or a "Bishop" but even he
defers to a higher authority. Chief
Justice Devinder Gupta - Grand Master of India



5. The Judiciary has a deep and interwoven Symbiotic
relationship with the Government. There is no such thing
as judicial independence, it is a myth. Today every member
of a Court Bar Association usually declares that his
"duty to the Court" is co-terminus with his
"obligation to his client".



6. The only thing which guides / propels the Judiciary today
is MONEY, POWER, LUST and all the
attendant evils.

7. Today the honest judges and advocates, and there are
quite a few of them, are so openly disgusted by the
power structures and corruption, that they are content to be
big fishes in their little ponds. You will usually find the
most honest lawyers and judges practising away diligently in
the lower / district courts - avoiding the High Courts and
SC like the plague. I have seen a few good lawyers who
became extremely bad judges when they crossed over to the
Dark Side.



8. The 'Aam Aadmi' is extremely foolish if he
thinks that Judiciary is the lesser evil compared to the
Government. The Devil comes in many disguises speaking
sweet words and hypnotising foolish people before cutting
their souls/purse. These sugar coated judgments are crafted
for publication in the corrupt paid media to make the common
crowd swallow bitter medicine which strips citizens from
their rights. Corrupt judgments are usually be so innocuous
that even experts won't detect it till it it is used a a
precedent for some truly serious highway robbery.



9. There are vast para-legal networks chugging away which
can FIX anything anywhere.

10. Any sane person will stay as far away from courts and
lawyers as possible and ignore everything they read / watch
in the newspapers / TV about our great Judiciary which is
"fixing" India's ills. These are all
lollipops designed to keep aam aadmi tranquilised and
the machine in business.





-----Inline Attachment Follows-----

Post: "indiaresists@lists.riseup.net"
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Help: https://help.riseup.net/en/list-user
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Re: [IAC#RG] Are judges becoming too powerful ?

Reading the posts of members on this topic, I am truly appalled by the level of Pavlovian Conditioning being exhibited by some members.

Some random points:


1. The average Indian ('aam aadmi') attuned to maai-baap culture is unable to comprehend the true extent of corruption in the judiciary.

2. Many judges are corrupt, some judges are extremely corrupt. What is EVEN  MORE CORRUPT are some advocates who claim to be exposing corruption in the judiciary.

3. The judiciary has converted themselves into a self perpetuating (allegedly self regulating)  institution and with their lakhs of black coated vulture acolytes are a powerful SECRET SOCIETY and FRATERNITY (ie. women are treated with contempt and as sex objects).

4. A Chief Justice may be the "Pope" or a "Cardinal" or a "Bishop" but even he defers to a higher authority. Chief Justice Devinder Gupta - Grand Master of India

5. The Judiciary has a deep and interwoven Symbiotic relationship with the Government. There is no such thing as judicial independence, it is a myth. Today every member of a Court Bar Association usually declares that his "duty to the Court" is co-terminus with his "obligation to his client".

6. The only thing which guides / propels the Judiciary today is MONEY, POWER, LUST and all the attendant evils.

7. Today the honest judges and advocates, and there are quite a few of them, are so openly disgusted by the power structures and corruption, that they are content to be big fishes in their little ponds. You will usually find the most honest lawyers and judges practising away diligently in the lower / district courts - avoiding the High Courts and SC like the plague. I have seen a few good lawyers who became extremely bad judges when they crossed over to the Dark Side.

8. The 'Aam Aadmi' is extremely foolish if he thinks that Judiciary is the lesser evil compared to the Government. The Devil comes in many disguises speaking sweet words and hypnotising foolish people before cutting their souls/purse. These sugar coated judgments are crafted for publication in the corrupt paid media to make the common crowd swallow bitter medicine which strips citizens from their rights. Corrupt judgments are usually be so innocuous that even experts won't detect it till it it is used a a precedent for some truly serious highway robbery.

9. There are vast para-legal networks chugging away which can FIX anything anywhere.

10. Any sane person will stay as far away from courts and lawyers as possible and ignore everything they read / watch in the newspapers / TV about our great Judiciary which is "fixing" India's ills. These are all lollipops designed to keep aam aadmi tranquilised and the machine in business.

Re: [IAC#RG] Are judges becoming too powerful ?

'Judiciary not untouched by corruption'

J. Venkatesan
 
  
  • P. Sathasivam: 'We can bring down case arrears by creation of separate courts.' Photo: V. Sudershan
    The Hindu P. Sathasivam: 'We can bring down case arrears by creation of separate courts.' Photo: V. Sudershan
  • We can bring down the arrears by creation of separate courts for offences against women and children... creation of Evening Courts and Holiday Courts for certain types of cases. File photo: S. Subramanium
    The Hindu We can bring down the arrears by creation of separate courts for offences against women and children... creation of Evening Courts and Holiday Courts for certain types of cases. File photo: S. Subramanium

Justice P. Sathasivam, who takes over as the next Chief Justice of India on July 19, told The Hindu on June 28 that a few members of the judiciary have dishonoured their oath of office but that the solution lies in the hands of litigants.

Sir, you are going to take over as the Chief Justice of India shortly. From humble beginnings you have risen to the top post in the judiciary. You will be the first Judge from Tamil Nadu to adorn this highest office after Justice Patanjali Sastri, who represented the entire Madras Presidency. Are you satisfied with your overall performance?
I am very satisfied and in fact proud [of reaching] this position. [I am] from a farmer's family. As a practising lawyer, I was mediocre but I worked hard as a Law Officer of the State government and on the private side. After becoming a Judge, I maintained a low profile in other activities and concentrated only on judicial work. I am happy that I am the first person from Tamil Nadu in this high office. Though my period is short, I hope that I will fulfil the expectations of our countrymen and the people of Tamil Nadu, in particular.
What will your priorities be?
[With] more awareness among our citizens, various fresh legislation like Domestic Violence Act, Dowry Prohibition Act, Juvenile Justice Act, Right of Children to Free and Compulsory Education Act, 2009, Section 138 cases (under the Negotiable Instruments Act), more cases are being filed and more litigations are bound to come before Courts.
We can bring down the arrears by creation of separate courts for offences against women and children; special Magistrate Courts exclusively for Section 138 of the Negotiable Instruments Act cases — the courts have been created, the numbers to be increased — and creation of Evening Courts and Holiday Courts for certain types of cases particularly for matrimonial matters; five or 10-year-old cases [will] be identified and entrusted to one court exclusively; fix[ed] time frame for completion of pleadings, argument by counsel: filling up all posts of Judicial Officers and supporting staff then and there and better utilisation of Alternate Dispute Resolution methods. At the subordinate court level, at the High Court and Supreme Court levels, filling up of vacancies are to be done in a time bound manner.
You have a short tenure of nine months. Are you confident that you can do something concrete for the judiciary?
All Judicial Officers from junior division to the level of Supreme Court must adhere to punctuality. All must utilise the full court timings for disposal of cases.
In the Supreme Court, more referred matters are pending. After identifying those matters, appropriate Benches will be constituted. By this, more cases from the Supreme Court and High Court would be cleared. Selection of judges must be on merit. At the same time, it must be ensured that all sections of people (OBC, SC, ST and minority communities) are duly represented if they satisfy the required norms.
There is much criticism about the procedure for appointment of judges. There is no transparency in the collegium system. The Union Law & Justice Minister, Kapil Sibal, recently said this procedure should be changed to give more say to the Executive. Do you subscribe to this view? Will the setting up of a National Judicial Commission solve the problem?
According to me, the present collegium system works well. The current Judicial Appointment mechanism, [being followed] since 1993, is based on two Constitutional rulings of the Supreme Court, viz. 1993 and 1998.
The appointment of Judges to the Supreme Court and the High Courts is made by the President and is, therefore, ultimately an executive act. The judiciary's role is limited to making recommendations. The power to make recommendations is not absolute. It is always open to the Government to seek reconsideration of the recommendation made by the Collegium, for strong reasons or adverse material in their possession. In fact, in the recent past, the Government has exercised its power to keep a check and prevent the appointment of persons considered to be unsuitable.
In view of [this], it cannot be claimed that the government (State and Central) has no role in the appointment of judges and the setting up of a National Judicial Commission will not solve the problem. On the other hand, if the time schedule is strictly followed by all the authorities, according to me, the present system will solve the problem.
Is there any move to appoint a senior lawyer as Supreme Court Judge. Till now only three lawyers have been elevated to the Supreme Court bench.
We may consider appointing one from the Bar to the Supreme Court. The Supreme Court Bar Association President M.N. Krishnamani has requested that some senior lawyers may be considered for appointment as High Court Judges. We may consider this request also.
Do you feel there is a need for creating Supreme Court Benches in four regions and a Constitutional Court in the capital?
This issue came up before the Full Court on seven occasions. It was also discussed twice in the All India Chief Justices Conference. On all these occasions, the Full Court of the Supreme Court and Chief Justices Conference did not favour the creation of regional Benches. Further, because of the development of Information Technology, computers, e-filing, online facilities, there is no difficulty in reaching the Supreme Court through these methods. Even among the regions, there may not be any acceptable place/State capital for location of the regional Benches.
Sir, Honour killings are taking place in many parts of the country. Do you feel that a separate law is necessary to deal with such crimes?
The spate of honour killings is a glaring illustration of culture crimes, which has outraged the country over many decades. The root cause of the crime is the thriving caste system in India. It is unfortunate that women are most frequently the victims in this feudal practice. It is time to stamp out this barbaric, uncivilized behaviour, which is a disgrace on our nation.
A special legislation in this regard will certainly be a welcome effort, as it will help in generating additional protection to these victims. I say this because; though the prevailing penal law punishes the act of homicide it does not directly punishes the members gathering for such purpose.
During your tenure did you ever feel that corruption is a major issue in the judiciary? If so, do you have any solution and how would you deal with it?
I should fairly admit that the judiciary is not untouched by corruption. When we take the oath as judge, we swear to be fair and impartial in all our judicial functions. However, on some occasions in the past, few judges have wilfully dishonoured the oath by adopting to corrupt practices. The solution for eliminating this disorder lies in the hands of the litigants. The litigants must take the responsibility for bringing into light such occurrence by making a grievance petition before the Chief Justice of respective High Courts and also to the Chief Justice of India. If a prima facie case is made out through the preliminary enquiry, then the judge should not feel hesitant to adopt the prescribed procedure under the mandate of Constitution.
There is a provision in the Judicial Accountability Bill to prevent judges from making oral observations and the former Chief Justice of India, S.H. Kapadia, had expressed certain reservations about it. Do you think the Executive is trying to curb the independence of the judiciary by incorporating such a provision?
Full details of the proposed Judicial Accountability Bill are not known. However, I strongly oppose the Bill. There cannot be any control in the administration of justice. In other words, the executive cannot curb the independence of judiciary by bringing any provision to interfere with court proceedings. No doubt, no court is expected to make unnecessary comments de hors to the issue before it.
Your views on what is described as "judicial activism" or "overreach"?
There are checks and balances and broad separation of powers under the Constitution. Each organ of the State, i.e. the legislature, the executive and the judiciary, must have respect for the others and not encroach into each other's domain.
However, the doctrine of separation of powers cannot curtail the power of judicial review conferred on the constitutional Courts especially in situations where the fundamental rights are sought to be abrogated or abridged under the garb of these doctrines. Violation of Fundamental Rights cannot be immunised from judicial scrutiny under Article 226 or under Article 32 of the Constitution on the touchstone of doctrine of separation of powers between the Legislature, Executive and the Judiciary.


From: ankit khetan <ankkhe2002@yahoo.co.in>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>; "nsvenkatchennai@gmail.com" <nsvenkatchennai@gmail.com>
Sent: Friday, 12 July 2013 6:20 AM
Subject: Re: [IAC#RG] Are judges becoming too powerful ?


I dont think judiciary by taking some strong decision is doing any wrong. Today when parliament doesnt run not only bcoz there are many opposition rather govt self doesnt want it to run, discuss budget in detail, pass important bill rather taking the help of ordinance to show it more people friendly. 
Yes there are corruption also in judiciary but when they are taking some good step we should appreciate it.
Today before every election we discuss criminalisation of politics and politicisation of criminals. Now its a time to disconnect the word criminal with politics with the help guide of Court and we should support it.
Its a time to clean a hazzy picture a give it a new look. Today when in every road there is atleast an activist we should take a best opportunity of it. The biggest hurdle is the corruption in activist before anything.




Ankit Khetan
India

From: Venkatraman Ns <nsvenkatchennai@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Thursday, 11 July 2013 8:20 PM
Subject: [IAC#RG] Are judges becoming too powerful ?

 To
India Against Corruption

                                    Are judges becoming too powerful  ?

In recent times, it appears that the country is being run by judiciary.  There are many occasions when one may  think that the judiciary  is commenting and passing judgements on matters , which should really form part of governance  and  where there is  no issue of law involved.  
Even if there are potholes on the road , people take the issue to court and the judges entertain such cases and then make strong observations about the poor  quality of governance.  In the process, reluctantly or otherwise, the  judiciary  is  causing great damage to the reputation of the government and  reducing the esteem of the persons holding high and responsible position such as Prime Minister,  in the eyes of the citizens. 
In our country where  the credibility  of ministers, politicians and bureaucrats have become so low, many people tend to support judiciary  without questioning the appropriateness of the role of judiciary in  interfering in the matters of governance , when it makes highly adverse comments.
 We seem to be redefining  the role of judiciary in India.  The question is whether all  the judges are always honest  and credible unlike some  politicians and bureaucrats.  The sad fact is that many judges themselves have been accused of dishonest practices and  corruption in recent times.   Is it right  to put so much of faith on the judiciary in such conditions  and is it not a calculated risk ?
Since  citizens  feel  helpless  in the light of  the  inefficiency and corruption of the ministers and government machinery and  are  desperately looking for solution, judiciary  appears to be stepping   into  the vacuum.

N.S.Venkataraman
Nandini Voice For The Deprived

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