Friday, January 19, 2018

[IAC#RG] IS IT END OF THE ROAD FOR MAUVIN GODINHO?

After over a decade the Supreme Court has finally cleared the decks for Mauvin Godinho to face trial in the infamous 1998 Power Scam case. The case against then Power Minister Mauvin Godinho who is now Panchayat Minister was pending before the Supreme Court since 2007. It was on Manohar Parrikar's complaint that the power scam case was registered against Mauvin Godinho while ironically the Complainant and Accused are now part of the same cabinet.

 

A bench of the Supreme Court comprising of Justice N.V.Ramana and Justice S. Abdul Nazeer on 17th January while declining to give Mauvin Godinho any relief asked him to argue all his defences during the trial before the Special Court under the Prevention of Corruption Act.

 

As foes now turned friends, Mauvin Godinho and Manohar Parrikar may connive to sabotage the trial, there is a need to appoint a Special Public Prosecutor to ensure that Mauvin Godinho's trial is not derailed and proceeds strictly in accordance with law.

 

On October 26, 2007, Justice Nelson Britto of the Bombay High Court at Goa had directed framing of charges against Mauvin Godinho under Section 13(1) (d) (i) and (iii) of the Prevention of Corruption Act, 1988 read with Section 120B of the Indian Penal Code.

 

Justice Nelson Britto had in his order also noted that the charges against Mauvin Godinho came to be investigated and charge sheet filed based on a complaint filed by Manohar Parrikar and that it appeared that the case took different turns depending upon which government was in power in Goa.

 

With the trial of Mauvin Godinho now set to start propriety demands that he should not continue as a Minister. Infact the BJP while in the Opposition had successfully demanded the resignation of then charge sheeted Minister Dayanand Narvekar. So Manohar Parrikar should now Walk the Talk as there cannot be double standards.



The corrupt and criminal minded need to be uprooted from the political spectrum for there to be a ray of hope for our polity. The Supreme Court has rightly observed that in the interest of the nation the criminal cases involving politicians must be speedily disposed. Expressing the need for decriminalization of politics, the Court has exhorted the necessity to create Special fast track Courts to deal with cases against politicians.

 

In a landmark Judgment the Supreme Court in 2014 advised not to induct as Ministers charge sheeted persons facing trial. The Court said that criminalization of politics destroyed people's faith in democracy and persons, howsoever high could not be exempted from equal treatment. It said constitutional morality, good governance and constitutional trust expected good sense not to recommend any person with criminal charges from being appointed as a Minister. The Court further observed "criminalisation of politics is anathema to the sacredness of democracy. It is worth saying that systemic corruption and sponsored criminalisation can corrode the fundamental core of elective democracy and, consequently, the constitutional governance." The Court also said "A democratic republic polity hopes and aspires to be governed by a Government which is run by the elected representatives who do not have any involvement in criminal offences".

 


Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com


Posted by at No comments:

Thursday, January 18, 2018

Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE

Aadhar case is now being heard by the 5 judge bench headed by CJI. From the trend during the last two days hearing it appears  it may favour the Govt stand and go against the right to privacy.



From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Jatin Bagha <jatin.jugantar@gmail.com>
Sent: Friday, January 19, 2018 8:23 AM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE
 
Dear Sri Mada

You are very correct.

The reason our Honble CJI is passing these cases to juniors is because he is allegedly among the most corrupt (numerous allegations of impropriety are against him) and incompetent CJI in many years, second only to his uncle ex-CJI Ranganath Misra.

His fascist and RSS mentality is evident from the infamous "Kabhi Khushi Kabhi Gham" judgments he authored for compulsory singing of national anthem in movie theatres. Against all norms of judicial convention he sat in appeal in SC in his own judgment of Madhya Pradesh (which is arguably the worst drafted judgment in the history of independent India). Read it here
https://indiankanoon.org/doc/1836522/ with such high comedy gems as



 "National Anthem is to be sung with magna cum laude and nobody can ostracise the concept of summa cum laude. […] The national anthem is pivotal and centripodal to the basic conception of sovereignty and integrity of India. It is the marrow of nationalism, hypostasis of patriotism, nucleus of national heritage, substratum of culture and epitome of national honour."

interspersed with Misra's hilarious mumblngs in pseudo-pig Latin which would shame even the most stupid first year law student

They have not kept in mind 'vox populi, vox dei'. The producer and the director have allowed the National Anthem of Bharat, the alpha and omega of the country to the backseat.

On a first flush it may look like a magnum opus of patriotism but on a deeper probe and greater scrutiny it is a simulacrum having the semblance but sans real substance. There cannot be like Caesar's thrasonical brags of "veni, vidi, vici." The boy cannot be allowed to make his innocence a parents rodomontrade, at the cost of national honour. In our view it is contrary to national ethos and an anthema to the sanguinity of the national feeling. It is an exposition of ad libitum.

And this is the great eminence who has been elevated to highest position in the Supreme Court of India and will be deciding important things affecting citizens of his country ? No wonder 4 "brave" judges had to come out to "name and shame" Misra for his incompetence and his petty corruptions.

A brazen example of perceived malice in the SC is the recent CJAR matter where a bench of Misra's handpicked junior judges imposed penalty of Rs. 25 lakhs on CJAR, probably as revenge for naming Ranganath Misra as a "definitely corrupt" CJI among 8 ex-CJIs in 2010.

End Quote
"Patriotism is the last refuge of the scoundrel said Samuel Johnson. Justice Dipak Misra, the next Chief Justice of the Supreme Court, seems to be one such scoundrel who is making all Indians complicit in his archaic accusation with his decree that the National Anthem be played before every movie."

Citations
JBM


On Tue, Jan 16, 2018 at 10:47 AM, Vishwanath Mada <indiaresists@lists.riseup.net> wrote:

Hi all


I am surprised by the poor understanding of the high office and responsibilities these judges carry with them. In my layman opinion they have failed every way. They could have met all for a cup of tea and sorted these matter within the walls of the courts like they dis yesterday.


We have separate rule for a soldier who complains of his poor quality food.  We take serious action against a poor man. We have political parties like congress and others supporting these rebellious judges against the CJI to make small political gains. God help this country in the hands of these personalities.


These judges cast doubts on the Junior judges as incompetent to handle sensitive issues.  This is highly irresponsible of them the make in a public platform. This will bring bad name on supreme court and the judgements of these junior judges.  As whole country knows there is no justice for the poor more so in the lower courts and now this will add further doubts in the minds of the common man like me. Cases take years most do not see the day till the persons dies. Judges only waste time on giving dates with out reason. When an order is passed the same is not delivered for few more dates without any care for the time and the petitioners anguish. Rich and builders rule the courts.


My humble request to all to please avoid bring these minor and major problems to public space.


Vishwanath Mada





From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Anant Trivedi <trivedianant@gmail.com>
Sent: Monday, January 15, 2018 9:11 AM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE
 
This morning's report in TOI says that over the last decade the very sensitive cases have gone to junior judges. The examples they quote are pre Modi era. You being a lawyer should be aware that most SC and HC judges were 'appointed' by Congress. They chose pliable lawyers and pushed them forward. 

So going by your opening sentance, the basis for your argument appears without sound basis. Political interference cannot be the basis for discomfort amongst these judges , because interference if it exists, is no greater now than before. Most appear leaning towards Congress and Left parties. JC missed CJI position twice, so there could be unhappiness and envy here.   Where was justice for 84 riots, ethnic cleansing of Pandits during UPA? Just two examples. 

'The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.'  

You go on to say under Modi pillars of democracy are crumbling. Yes I agree Judiciary must remain independent and fair to citizens. Its a must for our democracy. But else has changed.  More than 30% criminals as lawmakers - all parties guilty, no change under Modi. Media controlled by business houses and any dissenting media side lined - no change from UPA.  Only noticeable change is the emergence of Hindu fringe groups. But you should be aware that if a community is kept surpresed for centuries and they suddenly see freedom, however msplaced in their belief, then such recations are to be expected. Yes indeed the law is not effective in many regions. But if you look arefully so was the case before. Difference is in the nature of media publcity. If you look at the enforcement agencies, I see no changed. CBI/ CVC remain caged parrots as before.  Police remains inefficient as before albeit I do see some improvements in stats whether this is true or false there is not independent analysis. Minority appeasement was there before and is there now. There is evidence of some relief to majority - but why not? 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

So what is the real reson for your discomfort? 

Democracy has been increasingly under threat in India fro many years and if anything there are signs of intent to improve this situation. 


On 13 January 2018 at 05:51, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.

 

Justice V.R. Krishna Iyer had said "Even so, the creed of judicial independence is our constitutional 'religion' and, if the executive use Article 222 to imperil this basic tenet, the Court must 'do or die'.

 

The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary.

 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

 

With the BJP wanting to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope on which judicial values are slithering. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary, which is the last hope for thecommon man.

 

Any direct or indirect interference by the politicians in the selection and appointment of Judges is a threat to the very Independence of the Judiciary. If the Judiciary is reduced to a mouth piece of the government, the Courts will lose all relevance and end up also as dens of chicanery and jugglery. The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless.

 

Caroline Kennedy had also very rightly said "The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing"

 

To those very few outdated who have opined that the four Judges should not have gone public,  may we remind them of what Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com



Post: "indiaresists@lists.riseup.net"
Exit: "indiaresists-unsubscribe@lists.riseup.net"
Quit: "https://lists.riseup.net/www/signoff/indiaresists"
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--
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Posted by at No comments:

Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE

What is wrong in making our National Anthem a compulsory inclusion!
And as far as assigning cases is concerned, its done thru a set system as one is told..
And this system has exsisted thru congress regime all thru their raj as we all know.
And the if at all any benefits have accrued during the years,as alleged,the beneficiaries must be  the front row seats at the cong press meet after the rebel judges press out.

The political colour to this fracas is disgusting for the common man to witness.
Shows desperation of out of power political parties and others who want to gain ground on national level.
And yes, as a honorable member has suggested..this is nothing which can't be sorted over over a cup of tea.
Utmost Regards to all.


On 19 Jan 2018 04:06, "Jatin Bagha" <jatin.jugantar@gmail.com> wrote:
Dear Sri Mada

You are very correct.

The reason our Honble CJI is passing these cases to juniors is because he is allegedly among the most corrupt (numerous allegations of impropriety are against him) and incompetent CJI in many years, second only to his uncle ex-CJI Ranganath Misra.

His fascist and RSS mentality is evident from the infamous "Kabhi Khushi Kabhi Gham" judgments he authored for compulsory singing of national anthem in movie theatres. Against all norms of judicial convention he sat in appeal in SC in his own judgment of Madhya Pradesh (which is arguably the worst drafted judgment in the history of independent India). Read it here
https://indiankanoon.org/doc/1836522/ with such high comedy gems as

 "National Anthem is to be sung with magna cum laude and nobody can ostracise the concept of summa cum laude. […] The national anthem is pivotal and centripodal to the basic conception of sovereignty and integrity of India. It is the marrow of nationalism, hypostasis of patriotism, nucleus of national heritage, substratum of culture and epitome of national honour."

interspersed with Misra's hilarious mumblngs in pseudo-pig Latin which would shame even the most stupid first year law student

They have not kept in mind 'vox populi, vox dei'. The producer and the director have allowed the National Anthem of Bharat, the alpha and omega of the country to the backseat.

On a first flush it may look like a magnum opus of patriotism but on a deeper probe and greater scrutiny it is a simulacrum having the semblance but sans real substance. There cannot be like Caesar's thrasonical brags of "veni, vidi, vici." The boy cannot be allowed to make his innocence a parents rodomontrade, at the cost of national honour. In our view it is contrary to national ethos and an anthema to the sanguinity of the national feeling. It is an exposition of ad libitum.

And this is the great eminence who has been elevated to highest position in the Supreme Court of India and will be deciding important things affecting citizens of his country ? No wonder 4 "brave" judges had to come out to "name and shame" Misra for his incompetence and his petty corruptions.

A brazen example of perceived malice in the SC is the recent CJAR matter where a bench of Misra's handpicked junior judges imposed penalty of Rs. 25 lakhs on CJAR, probably as revenge for naming Ranganath Misra as a "definitely corrupt" CJI among 8 ex-CJIs in 2010.

End Quote

"Patriotism is the last refuge of the scoundrel said Samuel Johnson. Justice Dipak Misra, the next Chief Justice of the Supreme Court, seems to be one such scoundrel who is making all Indians complicit in his archaic accusation with his decree that the National Anthem be played before every movie."

Citations
JBM


On Tue, Jan 16, 2018 at 10:47 AM, Vishwanath Mada <indiaresists@lists.riseup.net> wrote:

Hi all


I am surprised by the poor understanding of the high office and responsibilities these judges carry with them. In my layman opinion they have failed every way. They could have met all for a cup of tea and sorted these matter within the walls of the courts like they dis yesterday.


We have separate rule for a soldier who complains of his poor quality food.  We take serious action against a poor man. We have political parties like congress and others supporting these rebellious judges against the CJI to make small political gains. God help this country in the hands of these personalities.


These judges cast doubts on the Junior judges as incompetent to handle sensitive issues.  This is highly irresponsible of them the make in a public platform. This will bring bad name on supreme court and the judgements of these junior judges.  As whole country knows there is no justice for the poor more so in the lower courts and now this will add further doubts in the minds of the common man like me. Cases take years most do not see the day till the persons dies. Judges only waste time on giving dates with out reason. When an order is passed the same is not delivered for few more dates without any care for the time and the petitioners anguish. Rich and builders rule the courts.


My humble request to all to please avoid bring these minor and major problems to public space.


Vishwanath Mada





From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Anant Trivedi <trivedianant@gmail.com>
Sent: Monday, January 15, 2018 9:11 AM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE
 
This morning's report in TOI says that over the last decade the very sensitive cases have gone to junior judges. The examples they quote are pre Modi era. You being a lawyer should be aware that most SC and HC judges were 'appointed' by Congress. They chose pliable lawyers and pushed them forward. 

So going by your opening sentance, the basis for your argument appears without sound basis. Political interference cannot be the basis for discomfort amongst these judges , because interference if it exists, is no greater now than before. Most appear leaning towards Congress and Left parties. JC missed CJI position twice, so there could be unhappiness and envy here.   Where was justice for 84 riots, ethnic cleansing of Pandits during UPA? Just two examples. 

'The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.'  

You go on to say under Modi pillars of democracy are crumbling. Yes I agree Judiciary must remain independent and fair to citizens. Its a must for our democracy. But else has changed.  More than 30% criminals as lawmakers - all parties guilty, no change under Modi. Media controlled by business houses and any dissenting media side lined - no change from UPA.  Only noticeable change is the emergence of Hindu fringe groups. But you should be aware that if a community is kept surpresed for centuries and they suddenly see freedom, however msplaced in their belief, then such recations are to be expected. Yes indeed the law is not effective in many regions. But if you look arefully so was the case before. Difference is in the nature of media publcity. If you look at the enforcement agencies, I see no changed. CBI/ CVC remain caged parrots as before.  Police remains inefficient as before albeit I do see some improvements in stats whether this is true or false there is not independent analysis. Minority appeasement was there before and is there now. There is evidence of some relief to majority - but why not? 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

So what is the real reson for your discomfort? 

Democracy has been increasingly under threat in India fro many years and if anything there are signs of intent to improve this situation. 


On 13 January 2018 at 05:51, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.

 

Justice V.R. Krishna Iyer had said "Even so, the creed of judicial independence is our constitutional 'religion' and, if the executive use Article 222 to imperil this basic tenet, the Court must 'do or die'.

 

The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary.

 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

 

With the BJP wanting to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope on which judicial values are slithering. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary, which is the last hope for thecommon man.

 

Any direct or indirect interference by the politicians in the selection and appointment of Judges is a threat to the very Independence of the Judiciary. If the Judiciary is reduced to a mouth piece of the government, the Courts will lose all relevance and end up also as dens of chicanery and jugglery. The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless.

 

Caroline Kennedy had also very rightly said "The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing"

 

To those very few outdated who have opined that the four Judges should not have gone public,  may we remind them of what Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

Email: airesrodrigues1@gmail.com

                         Or

           airesrodrigues@yahoo.com


You can also reach me on


Facebook.com/ AiresRodrigues


Twitter@rodrigues_aires


www.airesrodrigues.com



Post: "indiaresists@lists.riseup.net"
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Quit: "https://lists.riseup.net/www/signoff/indiaresists"
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Posted by at No comments:

Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE

Dear Sri Mada

You are very correct.

The reason our Honble CJI is passing these cases to juniors is because he is allegedly among the most corrupt (numerous allegations of impropriety are against him) and incompetent CJI in many years, second only to his uncle ex-CJI Ranganath Misra.

His fascist and RSS mentality is evident from the infamous "Kabhi Khushi Kabhi Gham" judgments he authored for compulsory singing of national anthem in movie theatres. Against all norms of judicial convention he sat in appeal in SC in his own judgment of Madhya Pradesh (which is arguably the worst drafted judgment in the history of independent India). Read it here
https://indiankanoon.org/doc/1836522/ with such high comedy gems as

 "National Anthem is to be sung with magna cum laude and nobody can ostracise the concept of summa cum laude. […] The national anthem is pivotal and centripodal to the basic conception of sovereignty and integrity of India. It is the marrow of nationalism, hypostasis of patriotism, nucleus of national heritage, substratum of culture and epitome of national honour."

interspersed with Misra's hilarious mumblngs in pseudo-pig Latin which would shame even the most stupid first year law student

They have not kept in mind 'vox populi, vox dei'. The producer and the director have allowed the National Anthem of Bharat, the alpha and omega of the country to the backseat.

On a first flush it may look like a magnum opus of patriotism but on a deeper probe and greater scrutiny it is a simulacrum having the semblance but sans real substance. There cannot be like Caesar's thrasonical brags of "veni, vidi, vici." The boy cannot be allowed to make his innocence a parents rodomontrade, at the cost of national honour. In our view it is contrary to national ethos and an anthema to the sanguinity of the national feeling. It is an exposition of ad libitum.

And this is the great eminence who has been elevated to highest position in the Supreme Court of India and will be deciding important things affecting citizens of his country ? No wonder 4 "brave" judges had to come out to "name and shame" Misra for his incompetence and his petty corruptions.

A brazen example of perceived malice in the SC is the recent CJAR matter where a bench of Misra's handpicked junior judges imposed penalty of Rs. 25 lakhs on CJAR, probably as revenge for naming Ranganath Misra as a "definitely corrupt" CJI among 8 ex-CJIs in 2010.

End Quote

"Patriotism is the last refuge of the scoundrel said Samuel Johnson. Justice Dipak Misra, the next Chief Justice of the Supreme Court, seems to be one such scoundrel who is making all Indians complicit in his archaic accusation with his decree that the National Anthem be played before every movie."

Citations
JBM


On Tue, Jan 16, 2018 at 10:47 AM, Vishwanath Mada <indiaresists@lists.riseup.net> wrote:

Hi all


I am surprised by the poor understanding of the high office and responsibilities these judges carry with them. In my layman opinion they have failed every way. They could have met all for a cup of tea and sorted these matter within the walls of the courts like they dis yesterday.


We have separate rule for a soldier who complains of his poor quality food.  We take serious action against a poor man. We have political parties like congress and others supporting these rebellious judges against the CJI to make small political gains. God help this country in the hands of these personalities.


These judges cast doubts on the Junior judges as incompetent to handle sensitive issues.  This is highly irresponsible of them the make in a public platform. This will bring bad name on supreme court and the judgements of these junior judges.  As whole country knows there is no justice for the poor more so in the lower courts and now this will add further doubts in the minds of the common man like me. Cases take years most do not see the day till the persons dies. Judges only waste time on giving dates with out reason. When an order is passed the same is not delivered for few more dates without any care for the time and the petitioners anguish. Rich and builders rule the courts.


My humble request to all to please avoid bring these minor and major problems to public space.


Vishwanath Mada





From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Anant Trivedi <trivedianant@gmail.com>
Sent: Monday, January 15, 2018 9:11 AM
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE
 
This morning's report in TOI says that over the last decade the very sensitive cases have gone to junior judges. The examples they quote are pre Modi era. You being a lawyer should be aware that most SC and HC judges were 'appointed' by Congress. They chose pliable lawyers and pushed them forward. 

So going by your opening sentance, the basis for your argument appears without sound basis. Political interference cannot be the basis for discomfort amongst these judges , because interference if it exists, is no greater now than before. Most appear leaning towards Congress and Left parties. JC missed CJI position twice, so there could be unhappiness and envy here.   Where was justice for 84 riots, ethnic cleansing of Pandits during UPA? Just two examples. 

'The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.'  

You go on to say under Modi pillars of democracy are crumbling. Yes I agree Judiciary must remain independent and fair to citizens. Its a must for our democracy. But else has changed.  More than 30% criminals as lawmakers - all parties guilty, no change under Modi. Media controlled by business houses and any dissenting media side lined - no change from UPA.  Only noticeable change is the emergence of Hindu fringe groups. But you should be aware that if a community is kept surpresed for centuries and they suddenly see freedom, however msplaced in their belief, then such recations are to be expected. Yes indeed the law is not effective in many regions. But if you look arefully so was the case before. Difference is in the nature of media publcity. If you look at the enforcement agencies, I see no changed. CBI/ CVC remain caged parrots as before.  Police remains inefficient as before albeit I do see some improvements in stats whether this is true or false there is not independent analysis. Minority appeasement was there before and is there now. There is evidence of some relief to majority - but why not? 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

So what is the real reson for your discomfort? 

Democracy has been increasingly under threat in India fro many years and if anything there are signs of intent to improve this situation. 


On 13 January 2018 at 05:51, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:

The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.

 

Justice V.R. Krishna Iyer had said "Even so, the creed of judicial independence is our constitutional 'religion' and, if the executive use Article 222 to imperil this basic tenet, the Court must 'do or die'.

 

The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary.

 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

 

With the BJP wanting to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope on which judicial values are slithering. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary, which is the last hope for thecommon man.

 

Any direct or indirect interference by the politicians in the selection and appointment of Judges is a threat to the very Independence of the Judiciary. If the Judiciary is reduced to a mouth piece of the government, the Courts will lose all relevance and end up also as dens of chicanery and jugglery. The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless.

 

Caroline Kennedy had also very rightly said "The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing"

 

To those very few outdated who have opined that the four Judges should not have gone public,  may we remind them of what Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".



Aires Rodrigues

Advocate High Court

C/G-2, Shopping Complex

Ribandar Retreat,

Ribandar – Goa – 403006


Mobile No: 9822684372


Office Tel  No: (0832) 2444012

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