You should read Mr. Sarbjit Roy's email carefully. His opinion is correct. The SC and various HCs opine their powers to punish for contempt of themselves are under their inherent powers conferred by the Constitution.of India and not through any law of Parliament. Truth is no defence when it comes to contempt of a superior court as contemnors like Arundhati Roy have discovered (and had to apologise for).
BJ Varkey (Adv)
On Sun, Dec 16, 2012 at 5:27 PM, prasad vaidya <prasadbvaidya@yahoo.com> wrote:
please read contempt of courts (amendment) Act 2006
2(b) the court may permit, in any proceeding for contempt of court,
justification by truth as a valid defence if it is satisfied that it
is in public interest and the request for invoking the said defence
is bona fide.''.
I hope truth is the valid defence
viadya
--- On Sun, 16/12/12, Sarbajit Roy <sroy.mb@gmail.com> wrote:
From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: Re: [IAC++] Mr Justice Altamas Kabir Hon'ble Chief Justice of India may like to ask Mr Justice M Y Eqbal few pertinent questions on "Discretionary Quota"...
To: iac@lists.riseup.net
Date: Sunday, 16 December, 2012, 12:11 PM-----Inline Attachment Follows-----1) The SC will do nothing on Babubhai's email. It does not qualify to be a PIL.
2) If by some mistake (or on fit complaint) the SC decides to initiate
Contempt (Criminal) proceedings against Mr. Babubhai, he will then get
the chance to raise these matters in his defence, whereupon the SC
will again rule that "truth" is no defence in contempt matters,
3) What our Ombudsman Mr. Babubhai is doing is keeping it in the
public domain that the Supreme Court and High Court judges are a
"mafia" answerable to themselves and are controlled by a so-called
collegium which decides its own constition and membership and is
completely unanswerable to the citizens. The REAL question is who
controls this "collegium" ? The answer will shock you.
Sarbajit
On 12/16/12, rb purohit <rbpurohit4productivity@gmail.com> wrote:
> It is interesting.
> 1. Will Honble CJI consider this as PIL?
> 2 Is father responsible?
> 3. Will reserved quota come in this category as many deserving are
> deprived.
> 4 Did daughter pass out using Tata Quota or had to say Tata By the Way?
> 5. What will happen to the poor patients?
> I am just curious to know how Justice works.
> On 16-Dec-2012 9:54 AM, "Babubhai Vaghela" <vaghelabd@yahoo.com> wrote:
>
>> Mr Justice Altamas Kabir,
>> Hon'ble Chief Justice of India,
>> New Delhi
>>
>> Dear Sir,
>>
>> Your kind attention is invited to the media news -
>> Complaint against one judge said daughter took Tata quota seat for MBBS
>> 12
>> years ago
>> In this regard, you may like to ask Mr Justice M Y Eqbal few pertinent
>> questions:
>>
>>
>> 1. *As HC Judge, who was expected to protect the Fundamental Rights of
>> the Citizens, whether he considered "Discretionary Quota" legal and
>> non-violative of the Right to Equality - Universal Fundamental Right
>> when
>> his daughter reportedly got admission to MBBS?
>>
>> *
>> 2. *Why he knowingly allowed "Discretionary Quota" MBBS seat for his
>> undeserving daughter encroaching upon the legitimate right of some
>> other
>> meritorious student?
>>
>> *
>> 3. *In the event of these types of cases of "Discretionary Quota"
>> coming up before him to adjudicate, what will be his stand?*
>>
>>
>> Regards,
>>
>> --
>> (Babubhai Vaghela)
>> C 202, Shrinandnagar V, Makarba Road Vejalpur, Ahmedabad - 380051
>> M - 94276 08632
>> http://twitter.com/BabubhaiVaghela
>> About me in Annexure at - http://bit.ly/9xsHFj
>> http://www.youtube.com/user/vaghelabd
>> (Administrator - Google Group - Right to Information Act 2005)
>> http://groups.google.com/group/Right-to-Information-Act-2005/about?hl=en
>>
>> Complaint against one judge said daughter took Tata quota seat for MBBS
>> 12
>> years ago [image: SC]
>> Ajmer Singh <http://m.indianexpress.com/columnist/ajmersingh/>
>>
>> Shortly before the Supreme Court collegium cleared the appointment of
>> Madras High Court Chief Justice
>>
>> M Y Eqbal to the Supreme Court, a retired principal of a Jharkhand
>> medical
>> college had complained to the President and Prime Minister that corporate
>> house Tata nominated Justice Eqbal's daughter for a discretionary quota
>> seat in a medical college 12 years ago.
>>
>> The complainant, Rai Sudhir Prasad, admits that Justice Eqbal had passed
>> "adverse remarks" against him in a case 15 years ago. Calling this a
>> "motivated complaint," Justice Eqbal told The Sunday Express that the
>> Chief
>> Justice of India has rejected it.
>>
>> Justice Eqbal became a judge of Patna High Court in May, 1996 and, after
>> the formation of Jharkhand, became a judge of Jharkhand High Court in
>> November 2000. He became Chief Justice of the Madras High Court in June,
>> 2010.
>>
>> In his complaint, Prasad, former principal and medical superintendent of
>> the Patliputra Medical College & Hospital in Dhanbad, asked the President
>> and Prime Minister to "keep his (Justice Eqbal's) elevation as SC judge
>> in
>> abeyance". He wrote to them in September.
>>
>> He said the judge's daughter, Sadaf Khan, filled an MBBS seat allotted to
>> TISCO at the MGM Medical College in Jamshedpur.
>>
>> Under an arrangement with the Tata Main Hospital in Jamshedpur, students
>> of the MGM Medical College used to train at the TMH. In return, TISCO was
>> allowed to recommend four students for discretionary seats at MGM Medical
>> College — this quota no longer exists.
>>
>> Sadaf Khan's name figured in a letter J J Irani, the then managing
>> director of TISCO, sent to the Bihar government on December 11, 2000,
>> listing nominees for TISCO seats at the medical college.
>>
>> When his comments were sought, Justice Eqbal acknowledged that his
>> daughter's case was recommended by the Tatas as per existing norms.
>>
>> "There was a provision where people could be accommodated against
>> reserved
>> seats. My daughter had scored well, qualified also but could not make it
>> to
>> the list. So she was adjusted against a reserved seat," Justice Eqbal
>> said.
>>
>> "I didn't go to them seeking a favour. I didn't go to Tatas or JJ Irani.
>> I
>> never met him. There was a provision against which she was adjusted."
>>
>> On Prasad's complaint, Justice Eqbal said: "This is an attempt to malign
>> me and the CJI is well aware of this. He has rejected this complaint.
>> This
>> is a motivated complaint and the complainant may have been aggrieved by
>> my
>> orders."
>>
>> When asked about this, Prasad admitted that the single bench of Justice
>> Eqbal had passed "certain adverse remarks" against him in a 1997 writ
>> petition concerning posting of a subordinate doctor to Dhanbad Medical
>> College.
>>
>> Tata Steel spokesperson Charudatta Deshpande said: "This is an old
>> matter.
>> As far as we can recollect, admission to Ms Sadaf Khan was given at the
>> request of the then Bihar government against the reserved seats in the
>> MGM
>> Medical College."
>>
>> When contacted, Union Law Minister Ashwani Kumar said: "This is something
>> I have only heard about but not dealt with or checked. So many such
>> complaints against judges land up with the government but their scrutiny
>> and establishing veracity and the whole process of selection of judges is
>> the exclusive domain of the collegium and not the government or the law
>> ministry."
>>
>>
>> http://m.indianexpress.com/news/complaint-against-one-judge-said-daughter-took-tata-quota-seat-for-mbbs-12-years-ago/1045937/
>>
>> WWW : http://indiaagainstcorruption.net.in
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