DECCAN INQUIRER
Weekly e news paper
Editor: Nagaraja.M.R.. Vol.01....Issue.25…...........11/11/2020
Editorial : Bias Double Standards of Supreme court Judges
When a person is influential , well connected like Arnab Goswami bail is given by SCI in a matter of few hours but commoners has to languish in jail for years. If person happens to be influential industrialist like Adani case is taken up even during court vacation, if commoner he has to wait for years. If person happens to be super rich like Ambani crores of rupees dues will be deferred , instalment facility for years is extended if a commoner in same scenario doesn't pay dues court confiscates his personal property, defaulter is put behind bars. When influential persons land in trouble judges / police take suo motto action to rescue them, whereas when a commoner appeals , complains to police , supreme court specifically requesting for justice , protection to life no appropriate action taken. In each step of SCI judges there is bias in favor of rich / influential.
SCI Judges use “ CONTEMPT punishing powers “ as a weapon to silence persons seeking accountability of judges. There is also bias , double standards by SCI Judges just compare Advocate Nedumpara , Justice Karnan with Advocate Prashanth Bhushan. Second compare. AP Chief Minister Jagan Reddy with TV comedian Kunal Kamra.
Judges & Police lack professionalism. SHAME SHAME JUDGES & POLICE.
Is Jagan's Letter CONTEMPT OF COURT ?
https://www.google.com/amp/s/indianexpress.com/article/india/plea-in-sc-seeks-action-against-jagan-over-letter-to-cji-6722748/lite/
The Shaky Scales of Fairness in Contempt Cases of Justice Karnan and Prashant Bhushan
By Kailash Jeenger
Why was Bhushan given repeated opportunities to apologise while a written apology from Justice Karnan was casually brushed aside? Why did the sentences given to both men differ so drastically? Why was civil society vocal in only one matter?
In the recent contempt case against Prashant Bhushan, the way events took shape within and outside the corridors of the Supreme Court was unprecedented. This inevitably reminds us of the contempt case against Justice C.S. Karnan, then a sitting judge of the Calcutta high court. While there were some similarities in the apex court’s approach, certain sections of the Karnan judgment went unnoticed at the time and highlight the difference in approach in the two cases can now be seen.
Let us begin with the similarities, which do the apex court no credit.
At the very initial stage of the contempt proceedings, Justice Karnan addressed a letter to the Registrar General of the Supreme Court on February 10, 2017, requesting that the proceedings begin after the retirement of the then Chief Justice of India, Justice J. S. Khehar, because Justice Karnan had levelled charges of corruption against him (para 18). However, the CJI continued to preside over the bench.
A similar refusal followed Prashant Bhushan’s request that Justice Arun Misra recuse himself from the bench hearing the contempt case.
In both cases, the natural justice principle that no one can be judge in his own cause was ignored. Section 15 of the Contempt of Courts Act, 1971 authorising suo motu contempt proceedings also weakens this principle, as in such proceedings the victim, the complainant and the adjudicator is the Supreme Court itself.
If the principle of nemo judex in sua causa was violated in both Bhushan and Justice Karnan’s cases, the latter had to put up with several other anomalies.
Justice Karnan’s apology ignored
First, in a hearing on March 31, 2017 Justice Karnan handed over a signed statement wherein he clearly stated:
“I unconditionally withdraw my complaint dated 23.1.2017 against 20 Hon’ble Judges. … I unconditionally tender an apology before this Court if I committed contempt of Court. I will follow Your Lordship’s advice and guidelines in future in order to maintain the judicial system and its integrity. I will be retiring on 11.6.2017, therefore, I make a deep request to permit me to retire from the Bench with the blessings of all brother and sister Judges of the Calcutta High Court. Hence, I pray Your Lordships to restore my judicial and administrative work and thus render justice and oblige.”
Despite this, the court passed the following order dated March 31 after the hearing:
“… He was repeatedly asked, whether he affirms the contents of the letters, written by him, as are available on the record of the case. He was also asked whether he would like to withdraw the allegations. … He has not responded, in any affirmative manner, one way or the other. We would therefore proceed with the matter only after receipt of his written response. …” (para 27)
Thus, the order did not even refer to the written statement Justice Karnan had submitted. Later, in the final judgment dated May 9, the court explained that he was asked to submit a written response on March 31 because of an inconsistency in his oral and written statements made that day. However, the court’s observation does not explain the context of such reiteration.
Gratuitous reference to ‘mental state’
Second, on the date of next hearing (May 1, 2017), Justice Karnan did not appear in person. That day, the court ordered medical examination to test his mental fitness on the following ground:
“The tenor of the press briefings, as also, the purported judicial orders passed by Shri Justice C.S. Karnan, prima facie suggest, that he may not be in a fit medical condition, to defend himself, in the present proceedings.”
The medical report was to be submitted “on or before May 8”.
However, in the final judgment dated May 9, the bench stated that on May 1, the medical examination was ordered because of the inconsistency in his oral and written statements made during the hearing on March 31. Irrespective of the (inconsistent) justifications put forward by the court, the order of a medical test was primarily meant to undermine the credibility of Justice Karnan’s statements by creating the impression that he is not of sound mind. A day after the order, a psychiatrist wrote an article titled: “Milords, There’s a Difference Between Unsound Mind, Mental Illness and ‘Bad’ Behaviour.” Indeed.
More shocking was the following part of the order dated May 1:
“Shri Justice C.S. Karnan may, if he is so advised, furnish his response to the notice issued to him on 8.2.2017, in the meantime. In case he does not choose to file a response on or before 8.5.2017, it shall be presumed, that he has nothing to say in the matter.”
Notably, the deadline assigned to Justice Karnan and the medical board was the same – May 8, 2017. This raises certain glaring questions. How could the court ask a person whose mental state it had just questioned to file a reply? Why was the court prepared to rely upon such a response before satisfying itself as to his mental fitness? How could the court compel such a person to submit a reply by articulating the presumption?
On one hand, the court ordered his medical examination to ensure that he was able to defend himself, while on the other, the court sought a reply from him in his defence before satisfying itself as to his mental condition to defend himself. This raises the obvious question: Was the court even serious about his mental state?
After interacting with Justice Karnan, the team of doctors was satisfied with his sound mental state and, therefore, reported that medical examination was not necessary (para 28).
The role of ‘evidence’
Third, the court recorded in its final judgment that: “None of the allegations levelled by Justice Karnan were supported by any material.”
At the outset, this observation has nothing to do with contempt proceedings because they do not look for justification of the statements. On the other hand, Justice Karnan repeatedly stated in his letters reproduced in the judgment that he has furnished sufficient proof (para 17) or that material evidence was available in the Registry of the Madras high court (paras 8, 11, 24). Furthermore, the issue of inadequate representation of backward classes and minorities in the higher judiciary, as he raised, is obvious.
No one rupee fine but sentenced to maximum penalty
Fourth, at the conclusion of the proceedings advocate, K.K. Venugopal informed the court that Justice Karnan would retire in the next month and, therefore, urged that the image of the institution would be tarnished in case he was punished for contempt of court whilst he is holding the high constitutional office (para 32). However, the bench sentenced him before he demitted his office, with the maximum punishment that may be awarded under the Act – imprisonment for six months. Justice Karnan became the first judge in Indian history to retire while in jail, on June 11, 2017. The court also passed a press gag order, that is “no further statements made by him should be published hereafter” .
Why did the bench behave unfairly towards Justice Karnan? The gravity of an alleged offence does not permit such deviations.
Absence of civil society support
In respect of Prashant Bhushan’s contempt proceedings before the Supreme Court, advocate Dushyant Dave has highlighted ‘breach of procedure’ in his article, and thus that need no repetition. The court found Bhushan guilty of scandalising the court (criminal contempt) on August 14 and fixed the sentencing hearing on August 20. Within a couple of days, hundreds of people including ex-judges, lawyers and activists signed a statement and wrote on social media platforms extending him solidarity and support.
However, Justice Karnan did not find any such support. Advocate Ram Jethmalani compared his actions with that of a lunatic, about two months before the Supreme Court ordered his medical test. Bhushan, a lawyer-cum-civil rights activist, appreciated the Supreme Court’s judgment sentencing Justice Karnan. True, the alleged actions of Justice Karnan and Bhushan were very different in terms of their manner and time span, however, the concerns Justice Karnan raised were more serious, wider and fundamental, and deserve to be endorsed by civil society. Indeed, resistance has its own geography, elitism and caste. Justice Karnan comes from Tamil Nadu and belongs to a Scheduled Caste.
On August 20, Bhushan refused to apologise before the three-judge bench. Despite his firm denial, the bench unprecedentedly demonstrated some leniency. Instead of deciding on the question of sentence, it allowed him four days more to reconsider his position and tender an unconditional apology, though he did not do so. Even on the following day, the bench, instead of sentencing him, insisted on an apology but in vain. Ultimately, the court punished him with a fine of Re 1.
On the other hand, in Justice Karnan’s case the Supreme Court, on the dubious ground of ‘inconsistency’ – refused to accept his written statement in which he tendered an unconditional apology and withdrew the allegations of corruption against fellow judges. And he was punished with the maximum sentence provided for under the Act.
In both Bhushan and Karnan cases, court brought disrepute to self
According to the apex court, the remarks and actions of Justice Karnan and Bhushan brought disrepute to the judiciary and violated the law; their trial by the bench in the aforesaid manner, however, did no less.
One of the Supreme Court’s own precedents says:
“What, however, applies to a proceeding of contempt of court are the principles of natural justice and those principles apply to the contempt proceeding with greater rigour than any other proceeding. This means that the Court must follow a procedure that is fair and objective; that should cause no prejudice to the person facing the charge of contempt of court and that should allow him/her the fullest opportunity to defend himself/herself.” (para 82)
The criminal contempt cases against Justice Karnan and Prashant Bhushan offer an opportunity of introspection to the judiciary and the political executive too. The concerns raised about the judiciary not doing enough to safeguard the constitution and democracy, about corruption and inadequate representation of women, SCs, STs, OBCs and minorities in the higher judiciary, and about the unfair treatment of a Dalit judge by fellow judges are genuine. And if left unaddressed, will be harmful to the image of the judiciary.
Contempt proceedings against such whistleblowers and victims often mask the serious issues raised. In this way, the contempt law tends to obstruct resistance. At the same time, contempt law also becomes an effective tool of oppression in the hands of a political executive intending to dominate the judiciary.
Legal Notice to Honourable Chief Justice of India ,
Honourable Chairman National Human Rights commission New Delhi.
To,
Honourable Chief Justice of India,
SUPREME COURT OF INDIA, New Delhi.
Honourable Sir ,
Subject : Legal Notice to Chief Justice of India
Ref : SUO MOTU CONTEMPT PETITION (CRL.) NO.1 OF 2020
Are not Judge's liable for Contempt of Citizens of India ?
Are Judges , Police PERFECT ? Satya Harishchandra ?
Few Corrupt Judges in fact deserve utter contempt and must be ousted from their office.
In the above mentioned case , SCI is trying to silence the voice of advocate Prashanth Bhushan seeking justice , accountability of judges. In the past SCI has silenced voices seeking justice , accountability of judges in various ways - silenced voices of Advocate Nedumpara , Justice Karnan , Justice Rakesh Kumar , Justice Jayant Patel , Justice Prabhakar Gwal and others.
We legally, rightfully stand with Advocate Prashanth bhushan and fully support the issues of JUDICIAL ACCOUNTABILITY raised by him since years.
Hereby , I challenge Chief Justice of India in the exercise of my FUNDAMENTAL DUTIES as a citizen of india , that subject to conditions I will legally prove the crimes of few judges , police , public servants within the government service and other criminals. Is the CJI ready to book those criminals , traitors , anti nationals ?
Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out one after another.
But the same judges are SHAMELESSLY taking huge pay perks for years. Parasites feeding on Indian Public. Whenever questions of accountability are asked judges level contempt charges against the questioner or police fix him in fake cases or he is silenced by threats , murders , denial of jobs , etc. Since 25 years in many ways they are trying to silence me. Just take the recent example of Justice Karnan who leveled corruption charges against specific judges with CJI. Instead of conducting a fair investigation into the matter , CJI tried to silence him by serving him contempt notice.
Take very recent example of complaint by woman staff of
Supreme Court of India against CJI Ranjan Gogoi involving sexual harassment charges. Instead of registering complaint
against CJI and conducting fair transparent investigations, trial , everything was covered up in a super fast manner. Complainant and her family were victimized. Delhi police who exhibit their strength before commoners , innocents became weak , meek , big zeroes before gogoi. Shame shame.
Our Judges , Police are NOT Perfect Not Satya Harischandras . There are criminals as well as honest people side by side in judiciary & police. We whole heartedly respect honest few in judiciary , police & public service. But we detest corrupt judges , corrupt police. Honest Judges & Police are not coming into open to prosecute their corrupt colleagues, why ? silenced ?
Criminalization of all wings of government has taken place , unfit people are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work. Only few scandals , scams become public , many are buried. If one criminal public servant is caught other public servant who is also a criminal conducts name sake investigation , gives report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.
A Crime may happen without the knowledge of police but cann’t continue for years without the connivance of police. A Crime reported to court cann’t continue for years without connivance of judges.
At the bottom of the paper , I have given web sites about few ACB raids on government officials and unearthing of crores worth property. How they have earned it , by misusing their official positions. Therefore government reports , records prepared by these officials , investigations conducted by corrupt police are suspect. But Law courts in various cases , considers government reports , records , statements of government officials as sacrosanct . Therefore in many cases injustice is meted out by court , as they depend on reports of corrupt government officials , corrupt police.
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 himself commits crime – violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges.
I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.
Please refer my appeal for justice through DARPG ;
DLGLA/E/2013/00292
DEPOJ/E/2013/00679
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. Even Press accreditation to me as a web journalist is denied till date. 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.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.
9. You are responsible for crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.
10. You are responsible for denial of information, which vindicates the crimes of powers that be.
11. You are responsible for physical assaults , murder attempts on me.
12. You are responsible for job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.
13. You are responsible for my illegal retrenchment from RPG Cables , denial of medical care to me towards occupational health problems.
14. You are responsible for denying me legal aid.
15. You are responsible for illegal closure of my news paper.
16. You are responsible for denial of press accreditation to me as a web journalist till date.
17. You are responsible for repeatedly passing on my appeals to police. So that they can take statements , close the file under the threat of police power.
18. You have violated my Human Rights & Fundamental Rights.
19. In terms of Integrity , Honesty You & other public servants are nowhere near Baba Saheb B R Ambedkar , Mahatma Gandhi & Satya Harishchandra . Many Public servants are UNFIT to be in their posts.
You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer it will be admission of the charges by you. It will amount to confession of crimes on your own.
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 , Chief Justice of India & Jurisdictional District Magistrate 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. TWO 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 judges , police officials , public servants & Constitutional fuctionaries.
Thanking you. Jai Hind , Vande Mataram.
Send reply to :
Nagaraja Mysuru Raghupathi
Editor , DALIT ONLINE ,
LIG 2 , NO 761 , HUDCO First Stage,
Laxmikantanagar , Hebbal , Mysuru – 570017.
Date : 16.08.2020……………..your’s sincerely,
Place : Mysuru , India ……….Nagaraja Mysuru Raghupathi
Judges & Sex Crimes
https://dalit-online.blogspot.com/2019/11/judges-sexualharassment.html?m=1 ,
Rogue Police and Judges
https://dalit-online.blogspot.com/2020/04/rogue-police-judges.html?m=1 ,
Notice to Chief Justice of India
https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice ,
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki ,
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police ,
Notice To Chief Justice of India
https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice
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