Re: [HumJanenge] "Judge Uncle Syndrome" in the High Courts

Dear Sarabjit ji,

 

In ur entire mail, u have not informed how the High Court registry stopped u from appearing in the case in time in which u werea party/petitioner. As v know, there is no role of the Registry or no permission from the registry is requied for appearing in a case wherein v r party.

 

Anyway, contine with your 'sincere' efforts trying to bring the DISCOMS under the RTI ambit. For this, not only I but the entire Delhi based members or residents of Delhi will be with u.

 

i repeat my aforesaid query and hope to get an answer for enhancing my and members knowledge.

 

 

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From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge@googlegroups.com
Sent: Wed, 1 December, 2010 6:06:46 PM
Subject: Re: [HumJanenge] "Judge Uncle Syndrome" in the High Courts

Dear Gupta ji

Whatever you have written about why DISCOMS should be public authority
is not relevant.
It is precisely because of such emotional arguments that you and I
cannot talk to each other in public forums such as this. I believe in
going strictly by the letter of the law.

The fact of the matter is that when Habibullah heard the DISCOMS
matter the first time, he had already made up his mind to pass a bad
and unreasoned order declaring them to be public authority. He had
been influenced by the BJP and NGOs like SNS to declare them as public
authorities. I had sought information about tariff and regulatory
issues from the DERC. It was the DERC which took the stand that
DISCOMS are a public authority, not me.

The first time matter reached High Court, I properly put all these
facts before the Court by way of detailed affidavit. None of the other
Respondents (CIC, DERC, GoNCTD) cared to file affidavit. The Court
therefore remanded the matter back to CIC to reconsider and pass a
detailed order. The Court also passed caustic observations (orally)
about CIC's failure to hear the DISCOMS (3rd party) before passing
orders prejudicial to them.

When the matter was reheard at CIC, I placed on record the official
notifications of GoNCTD constituting the DISCOMS. These were gazette
notifications which the GoNCTD had later destroyed at the DISCOMS
behest. As the 4 ICs (ie. 1CIC + 3 ICs) were unable to draft an order
which would stand up to the Court's scrutiny, I had to draft the order
for them.

It was promptly appealed by the DISCOMS. Their sole issues for the
last 3 years is that the CIC is not competent / empowered to pass
orders declaring them to be public authority. DISCOMs entire
grievance/lis is with CIC.

Recently, a particular judge has gone to great lengths to assist the
DISCOMS by his orders. These orders are matter of public record and
speak for themselves. That is all I shall say in this matter.

Sarbajit

On Wed, Dec 1, 2010 at 5:33 PM, Mahendra Kumar Gupta
<mkgupta1952@gmail.com> wrote:
> Dear Sarabjit,
>
> The case is eye opener while the DISCOMS are dealing with Public, using
> government land and offices of DESu, anserable to Electricity Regularatory
> and Delhi Govt, but still are out of purview
> of RTI Act.
>
> However, I request to enlighten us how the Registry of the High Court
> stopped you to appear in the case on time and from the details given by u, I
> understand that u r the petitioner.
> Last time, I heard tht the DHC has referred back the case to CIC for
> reconsideration, please inform about the status of the case and matter for
> the benefit of the members. . This is very important issue concerning all
> the citizens.
>
>
> On Mon, Nov 29, 2010 at 12:46 PM, Dr. Jagnarain Sharma
> <dr.jagnarainsharma@gmail.com> wrote:
>>
>> dear Roy
>>      i have also suffered a lot
>>      Regards
>>      Dr JN Sharma
>>
>> On 11/28/10, sroy 1947 <sroy1947@gmail.com> wrote:
>> > http://pib.nic.in/release/release.asp?relid=67078
>> >
>> > It is not only Judge Uncle syndrome.in the High Courts.
>> >
>> > There is another sinister and secret association which controls the
>> > Judiciary.
>> > Its motto is clear, when 1 of the parties (or their advocate) is a
>> > member
>> > and
>> > the others are not, the judge MUST favour his brother irrespective of
>> > the
>> > merits of the case. You can spot them by their secret signs and symbols,
>> > such as the metal of their pens, and the number of pens they are allowed
>> > to wear to indicate their "degree" within the brotherhood.
>> >
>> > Take my one of my own long pending cases in the Delhi High Court. The
>> > writ
>> > where DISCOMS of Delhi challenged CIC's order holding them to be
>> > Public Authority.
>> >
>> > At the very first hearing they arranged that matter was listed in 2006
>> > before a judge
>> > whose brother practices in the same high court and has represented 1
>> > of the DSCOMS
>> > previously on numerous occasions. They got an ex-parte state order in
>> > their favour
>> > which carries on till today. In April 2010 the ASG Chandiok appeared for
>> > DISCOMS
>> > (who vociferously claim not to be Govt) and despite the opposite party
>> > being
>> > 2 bodies of Govt, and secured an order allowing CIC to be dropped as a
>> > party
>> > and all hearings to be frozen till further notice. I was prevented by
>> > the High Court
>> > Registry from reaching the court in time to voice my objections. The
>> > judge who passed
>> > these orders is the toast of the NGO chatterati circuit for his bold
>> > orders.
>> >
>> > The state of the judiciary is a reflection of the sate of the nation
>> > today. As someone who
>> > has been attending the superior courts for almost 30 years now, I can
>> > say that the gangrene
>> > has corrupted all the courts in the land, and there is no hope till
>> > they are all amputated.
>> >
>
>