Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS

Indians can become free only by using their vote judiciously and by not voting for criminals, corrupt, hypocrites and self seekers, who do not seek to divide the Indians on the basis of gender, caste, language or religion to remain in Power.

R.N.Malhotra
Former Chairman Railway Board


--------------------------------------------
On Fri, 9/2/16, Dr. NC Jain <j_nc2000@yahoo.com> wrote:

Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "Natarajan" <natarajan218@yahoo.com>, "pitchappanrm@yahoo.co.uk" <pitchappanrm@yahoo.co.uk>, "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>, "ravindra malhotra" <rnmalhotra_in@yahoo.com>
Date: Friday, September 2, 2016, 11:57 AM

Dear
sir      These are clear cases
of confirming that India is free and not the Indians. We
should work hard to make Indians free . In other words,
Indian freedom is needed and we should accelerate it by
bringing out more such cases.Dr N C
Jain2-9-16

On Wednesday, August
31, 2016 6:28 PM, Natarajan
<indiaresists@lists.riseup.net> wrote:


Dear
AllI am
posting below a blog I wrote only this morning on Linkedin
about Politician-Bureaucrat nexus in the context of the on
going Coal Secretary's case in the Coal scam. In
retrospect I feel judiciary is the third side of the
triangle. The Judiciary prematurely blocked former PM's
prosecution in the coal allotment scam and the 2G spectrum
scam. The triangular nexus works mostly for the benefit of
its own stakeholders including elite lawyers.As in the case
of any rule there are a few honourable
exceptionsIndia's
Governance- The Politician-Bureaucratic
NexusGovernance of India is the joint
responsibility of elected politicians called Ministers
headed by a Prime
Minister and administrative executives at the top echelon
called Secretaries of
various departments dominated by the members of the Indian
Administrative
Service. Lately the country's administrative system
comprising the above 2
categories has been rocked by Coal allocation scam leading
to the prosecution
of H C Gupta former Coal Secretary in the Manmohan
Government described as an
'honest upright' IAS Officer. The case has attracted
much public attention.
Gupta in his capacity of Coal Secretary and Chairman of an
adhoc coal block
allocation committee recommended the allotment of Coal
blocks to many
ineligible industrialists at throwaway prices for extraneous
reasons, resulting
in a huge loss of over 2 lakh crores to the exchequer. The
case demonstrates
the Politician -Bureaucrat nexus. The allotments were held
illegal by the
Supreme Court and cancelled. The coal mines subsequently
were auctioned. The
proceeds of auctions showed that the loss to the public
exchequer would have
been even more if the manipulators of the system had not
been found out.Now Mr. Gupta (G) and some of
the
beneficiaries are being prosecuted for the role in the scam.
G told the Court
that he had no money to seek bail or appoint a lawyer and
that he would
personally argue his case from jail. The court was not
amused. The judge asked
Gupta to reconsider his offer. G has been certified by a
group of fellow IAS
bureaucrats as an honest and upright officer. They are
outraged that such a man
of integrity was being harassed for the duty he discharged
in his official
capacity. They fear is that such harassment would deter all
of them from taking
bold decisions and paralyze the bureaucratic administration.
Some of its
literary giants are to speaking up for their cause through
newspaper articles.
Suddenly Mr. Gupta made a U turn and withdrawn his strange
request on the
advice of his IAS friends.G has argued that he was merely
the Chairman of the committee that took made the
recommendations for allotment
of mines and his boss the Coal Minister (PM Manmohan Singh
was also the Coal Minister)
was the approving authority and final decision maker. He
claims that he had
placed all the facts before the PM. G's case is that
since the former PM is not
being prosecuted there was no rationale behind holding Coal
secretary accountable
responsible and the case should be dismissed. The co-accused
companies have
also taken the same stand. Moreover he says that he did not
benefit in any way
by the allotment. Hence his plea for discharge.The discomfiture of the IAS
lobby
is understandable. This cadre of highly paid officers has
sailed smoothly and
prospered all along without any accountability ever since
independence. They
occupy all the top most posts in the Central and State
Governments. Lately many
of them have a flourishing after-retirement career under the
aegis of the
Government itself, draft their own rules for promotion under
which they enjoy
highly accelerated career growth leaving all the other
professional cadres
including armed forces far behind. They can do no wrong. In
any other private or
public organization in the world, if a person is rejected
for a promotion he
would at best stay where he is. However the IAS is
different. It will surprise
you to note that if 10 senior IAS secretaries are found 
unsuitable for
Chief Secretary's post (carrying a higher pay due to extra
responsibility) and
a eleventh officer junior to all of them in seniority is
selected, all the
superseded officers will be rewarded for their unsuitability
by being paid the
same salary as the Chief Secretary without any additional
responsibility. A
senior IAS officer is always included in the pay commissions
and ensured that
the IAS cadre is dis-proportionally rewarded.Ministers are always dependent
their IAS secretaries to execute their clandestine
activities to favour businessmen
and crooks at the cost of the exchequer. Unless a supportive
noting is made by
the Secretary on the file as a protective shield, no
Minister would find it
safe to show any undeserved favour to anyone. Even the
Minister's foreign tour
itineraries are imaginatively prepared by the Secretary to
get approval of the
PM. A smart Secretary scents suitable opportunities and
creatively records the
justification which the PMO cannot easily turn down. The
entourage naturally
would include the Secretary and his side kicks in this
win-win collaboration. A
recent example was the large secretarial delegation to Rio
Olympics led by the
Sports Minister. The Minister-Secretary nexus works
beautifully. It also
enables the bureaucrat to push some of his personal agenda
through, like
cornering a piece of Government land in a posh urban
locality for a nominal
price, or overseas scholarship for his son etc. Even many
honest IAS officers
have palatial homes in the best localities in their name or
as a benami
holding.  A Chief
Secretary of Karnataka is said to be in a huge real estate
business in
Bengaluru in the name of his mother aged 86 years! If a maverick like Ashok
Khemka IAS (who unearthed illegal allotment of land to one
Robert Wadra) ,
refuses to oblige his political boss he will  get shunted
from pillar to
post every few months. No Government would reward him for
his honesty. A man
called Bhatia was punished with 10 transfers in 10 months
and was labelled a
trouble maker.   A pliable Joshi in the MP cadre of IAS
and his wife
made and hid crores of rupees in their house. They are yet
to be
punished. Why has the IAS lobby risen in
favour of Gupta? The parliament enacted a small amendment in
the Prevention of
Corruption Act which says that if any public servant either
derives a pecuniary
benefit for himself or allows another person to obtain
unintended pecuniary
advantage in a deal at the cost of the public exchequer he
can be punished with
imprisonment. Hence Gupta cannot escape by saying that he
did not personally benefit
from coal mines allotment. Moreover being the highest
executive authority
in the Administration he cannot escape personal
responsibility. Pointing
fingers at Manmohan Singh will not dilute his own criminal
act, although there
is merit in his argument that the latter is also culpable. G
is sinking and the
straw called Manmohan cannot save him. If Gupta is punished,
it will put an end
to the cozy relationship between IAS and the Ministers. Even
ministers would
hate such a prospect which will end their manipulation. No
wonder the IAS lobby
has started its breast beating act. Their fort is being
raided. To help them in
their cause there is already a bill in parliament to delete
this provision and
dilute the definition of corruption in the Prevention of
Corruption Act. This
just shows the nexus between politicians and babus no matter
which party is
running the government.















G's is a test case. If he goes
unpunished it will mean that no prosecution or conviction
for corruption
 will be possible in future. The bureaucrat will always
argue that he is
not responsible for a decision taken by his political boss.
The political boss
in turn will argue that he only went by the advice he
received from his
secretaryI The case will fall between two stools. The only
hope is that the
judge will stay his course. It is not sufficient for Gupta
to say that he told
the PM everything. He should be pardoned only if he comes
clean, turns approver
and also discloses the entire political intervention by
Manmohan Singh and
other Congress bosses in the scam. The CBI in turn should
not hesitate to
prosecute Manmohan Singh since  G and
others gave implicated him. After all, the entire buck
stopped at PMO and he
did intervene in another allotment to the Birla group. He
cannot claim ignorance
or innocence.
 With
regards Prof N.Natarajan

On Wednesday, 31 August 2016 10:47 AM, ramasamy
pitchappan <indiaresists@lists.riseup.net> wrote:



#yiv2554299969 blockquote,
#yiv2554299969 div.yiv2554299969yahoo_quoted
{margin-left:0 !important;border-left:1px #715FFA solid
!important;padding-left:1ex
!important;background-color:white;}Indian judiciary
and governance is a systematic vandelism by the
(pseudo) elites - wherever they are.
The problem is British left, but not
their beuracracy. This applies in the case of judges also.
But British have changed, we still have their code of
conduct.
Will India become
quality based, one day!
Doubtful. Root cause is the failure
of our educational system, and failure of our elites. Most
are egocentric and do not participate in nation building
exercise - global economy a boon for them. This lead to
bickering, private education, somehow employed in th Govt,
or otherwise, get "alms", amaze wealth, and abuse
all innocents, 95% of India, for their favour. With every
move, corruption is systematised: a perfect system,
including judiciary, has been developed.
India is still the best - we boast -
for democracy and  tolerance. But when will a common
man get a service from GOVT, without paying a
'price'. 
The light in the tunnel
is far away.
Pitchappan
On
Friday, August 26, 2016, 20:21, ravindra malhotra
<indiaresists@lists.riseup.net>
wrote:Evidently, there
are ills  in our judicial system. No use blaming only
judiciary for the same. It is a combination of so many
factors - some of which that come to mind are as follows
-

1. Outdated laws that the
executive has failed to update.
2. Very
large number of vacancies in Judiciaries for which political
bosses and executives are equally responsible as the
judiciary itself. Bureaucratic delays in approvals are
galore.
3. Government the biggest litigant -
responsible the bureaucratic approach - some times Govt goes
for litigation for small sums up to supreme court against
poor employees / residents.
4. Advocates -
who by unscrupulous means keep on extending the proceedings
by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as
judiciary

R.N.Malhotra

--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:

Subject: Re: [IAC#RG] CHIEF
JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS
OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM



 




19/8/16



This holier than thou attitude of the Chief
justice is
not helpful. It clearly negates
any suggestion for
improvement in the
working of the judiciary. Corruption is
not
an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
  like Chennai ,Calcutta and Mumbai is not
acceptable to him.
Commercial courts for
Govt. litigation is not being

implemented.Gram Panchayats and alternative fora to ease
the
pendency is not being
implemented.Regds  






From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net>
on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>

Sent: Saturday, August 13,
2016 7:38 PM

To: indiaresists@lists.riseup.net

Subject: [IAC#RG] CHIEF
JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN
HIS OBSERVATIONS
 














To



India
Against Corruption  
   









         
         
     
               
         CHIEF JUSTICE OF INDIA
NEED TO SHOW  RESTRAINT IN  HIS
OBSERVATIONS
 



In open court, Chief Justice of
India has accused central government of
bringing the entire
judiciary to a
"grinding halt" by sitting on the

recommendations of the collegium for appointment and
transfer
  of judges to high
courts across the country. It is
disturbing
that he went to the extent of saying that the
court would not shy away from a confrontation
with the
government, if driven to a
corner.  He made such
remarks even when
the Attorney General assured
  that the
issue would be taken up at the highest

level.




Even while the Chief Justice made
such sharp remarks, the law minister has said
that 
appointment of number of judges
would be finalized very
soon. Is Chief
Justice not aware of this?



The
collegium issue has been under
discussions
for quite sometime now and many have questioned
the judges themselves appointing the judges ,
when several
judges at various levels have
been caught in corruption
  scandals with
one former Chief Justice of India
himself 
being one of the accused.
Government stand
appears  to
be that there must be proper
procedure and transparency in
selection of
judges. There is nothing wrong with this view.

 Chief Justice rejects
the
government's view and insists that he
should have the
final say. This stand of
the Chief Justice is the origin of
the
confrontation.



It would have been
appropriate if
Chief Justice has read the
mood of the people, who are
increasingly
not sure about  the caliber of some of the

judges.



Reflecting such public mood , he
should
accept the need for a level of transparency in the
appointment of judges. Threat of confrontation
by Chief
Justice is not in tune with the
functioning  of the
judiciary.
 



N.S.Venkataraman
Nandini Voice for The

Deprived








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

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/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/


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/



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/