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

Dear All

The latest revelations by Justice Chellameshwar of Supreme Court are really shocking. His statement indicates that the collegium fixes its matches by practising opacity! That may be tolerated in cricket, but unpardonable at the level of the Apex Court in the matter of appointing judges. On top of it the Chief Justice had the boldness (I do not have the audacity to use a stronger word) to attack the PM openly and malign him on the Independence day. It would have been perhaps not so bad  if he had said something against the Government generally even on the National Independence day, but his unprovoked personal aggression against the elected PM and his I. Day speech has brought down the dignity of the Apex Court.

 Modi never criticized the Chief Justice personally on any public platform by way of retaliation. Even after the recent tear jerker public episode involving the CJI  Modi's response was very conciliatory. Even granting that one's heart bleeds for India and its citizens, he should not wear it on his sleeves especially when there is a conflict of interest. 

Normally we does not expect to hear very strong expressions from the judges when any hearings take place. Judges are expected to keep their counsel, ask firm questions, seek clarifications and show their skills by writing really wise judgments of great quality and permanence instead of becoming visible in newspaper headlines every other day. That act should be left to politicians who need legitimate publicity to get reelected. . Whatever their flaws, politicians are accountable to the electorate. Judges are neither elected nor accountable or answerable to anybody and that is the truth that they themselves appreciate. Let them keep calm, air no dramatic opinions in courts or outside, seek no publicity, be known for integrity, and deliver speedy judgments of quality. If possible let them also live a simple and detached life to inspire our country.

 

With regards 

Prof N.Natarajan

On Saturday, 3 September 2016 10:21 AM, globaltrustparty <globaltrustparty@gmail.com> wrote:

Dear Discerning countrymen,

Out of 16 former CJI. 8 were corrupt I.e. No.1.

I was in PHD House where ex. Chief Election Commissioner was Chief guest.

When floor was opened my questions were.

Do we have true democracy/hypocrisy /damenocracy ?.
I want your answer in one word.
His answer was true democracy.
So we have such CEC in India.

Candidly yours

SURJANA S MEHTA

On Sep 3, 2016 8:31 AM, "Lalit Bansal" <indiaresists@lists.riseup.net> wrote:

I agree with Mr. Malhotra. It is sad, where and how u will start educating voters? Pl just look at us election. How trump got nomination? A rich and most judicious country like us and its voters are so much divided and confused, more than half of them do not like any of two?
Lalit bansal journalist

Sent from my iPad

> On Sep 2, 2016, at 01:36, ravindra malhotra (via indiaresists Mailing List) <indiaresists@lists.riseup.net > wrote:
>
> 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-----
>
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