Chief Justice of India - A Criminal ? ? ?
Chief Justice of India - A Criminal ? ? ?
https://www.scribd.com/doc/287822369/Chief-Justice-of-India-A-Criminal ,
https://sites.google.com/site/eclarionofdalit/cji-a-criminal
PIL - CJI a Criminal ?
Case of Fence eating the crops ? Guard himself stealing ? Accountability of Judges a MUST
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.....Petitioner
Versus
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.
A . "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C . Every institution in india is directly or indirectly accountable to people , however judiciary alone is not transparent not giving accounts of it’s actions to people.
D . Judges enjoy 5 star pay & perks , making merry at the cost of people’s money , public exchequer , but are not giving accounts of their actions to people , not transparent to the public eye. They are not even honouring RTI applications seeking information about actions of judges , because corrupt judges will be caught red handed.
E . Judges are not super humans nor super brains nor from moon or mars , they are ordinary mortals from the society around us and just like us capable of doing good work as well falling prey to human lures like bribe , corruption , favoritism , etc.
- Judges think they are sole custodians of constitution of india , in fact every citizen of india is a custodian of constitution of india.
G . Collegium of judges is nothing but a coterie , a MAFIA proof - unfit corrupt persons like dinakaran , another judge involved in mysore roost resort sex scandal being selected by SCI collegium promoted to the apex court. It is just the tip of iceberg , behind the judicial veil of secrecy many corrupt judges are hiding. Hereby , I challenge Honourable supreme court of india that subject to conditions I will bring to book corrupt judges who are hiding behind the veil. Are you ready ?
H . When compared to some corrupt judges who are nothing but criminals , a drain , parasites on our public exchequer , society , the child workers who are hard working earning less than rupees 32 a day are far better , great human beings.
I . Ofcourse when the court identifies that intentions of an act of parliament as unconstitutional , it has the right to strike it down to uphold the supremacy of constitution. NJAC Act passed by parliament was in fact filling a legal vaccum about accountability & selection of judges and in turn strengthening the constitution of india. But by striking down NJAC Act of government of india , supreme court of india is weakening constitution of india , making contempt of parliament , constitution & all Indian citizens. If at all supreme court was really sincere it could have suggested more alternatives for transparent , accountable judiciary with appropriate transparent provisions for guarding judicial independence.
J . When government of india passed unconstitutional acts like land acquisition bill , special status to Kashmir , against uniform civil code promoted unequal differing civil laws for various religion people and Bhopal gas victims act , nuclear energy act , etc , did it not dawn on supreme court of india that it is the sole custodian of constitution ? then why not SCI strike down those unconstitutional parliamentary acts ?
K . It is the duty of Supreme Court of India to Protect , Guard the constitutional rights of every Indian citizens . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
L . Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.
M . Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?
N . If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?
O . The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.
P . When a Judge Himself Commits Crime , When a POLICE Himself robs , Murders ….
The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.
just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?
it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
I have shown in the following attachment how justice is bought , purchased , manipulated in INDIA with actual cases. Just see the recent examples of supreme court judges involved in sexual assault case & ROOST Resort Mysore Sex scandal involving judges , if any ordinary fellow had committed the same crimes he would have been hauled over the coal fire. Just take another recent example of Prisoner Movie actor sanjay dutt , TADA provisions were diluted by the judge to favour him and now he is getting parole week after week while the ordinary convicts never get a single parole throught their sentence. What Brilliant Judges , what brilliant police sirji.
Question(s) of Law:
Are Judges above Law & can go scot free ? Can judges cheat , rape , swindle others and go scot free without legal prosecution ? Why guilty CJIs were not legally prosecuted in a fair & transparent manner ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in selection & functioning of Judges.
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.
We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :
Half of former CJIs Corrupt :
https://sites.google.com/site/sosevoiceforjustice/half-of-former-cjis-corrupt ,
https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,
Atrocities on Women by JUDGES
https://sites.google.com/site/eclarionofdalit/atrocities-by-judges
A – Z of Manipulation of Indian Legal System
https://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
https://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
Justice Sathasivam - Are you DEAF DUMB & BLIND
https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,
Rajiv Gandhi Assassination Cover-up
https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up ,
SHAME SHAME MPs & MLAs
https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas ,
JUDGEs or Brokers of Justice
https://sites.google.com/site/sosevoiceforjustice/judges-or-brokers-of-justice ,
RTI & Land Golmaal
https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka ,
https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,
https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,
Why NOT 3rd degree Torture of Corrupt Doctors , Police & Judges
https://e-clarionofdalit.blogspot.in/2015/10/why-not-3rd-degree-torture-of-doctors.html#links ,
https://sites.google.com/site/sosevoiceforjustice/3rd-degree-torture-by-doctors-police ,
Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi to answer the following questions in public interest , for safeguarding national security , National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.
We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.
In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.
Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.
Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) Hereby , I do request the honourble supreme court of india to make public all the proceedings of supreme court collegiums and correspondence between SCI , President’s office & government of india regarding selection of judges. To make public all the eligibility criteria followed for selection of judges and who filled what criteria , who didn’t fill which criteria and the final ranking.
(iii) Hereby , I do request the honourble supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request the honourble supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.
(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
Read : https://sites.google.com/site/sosevoiceforjustice/pil---writ-of-mandamus-1 ,
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 29th October 2015………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India……………………………………Petitioner in person
How did CJI H.L. Dattu build Rs.500,000,000 house, questions Markandey Katju
By NewsGram Staff Writer
Despite serious allegations levied against Chief Justice of India, H.L. Dattu by Justice Markandey Katju, no probe or investigation has been initiated regarding the same.
On his personal blog, Markandey Katju had written that he had documents claiming H.L. Dattu’s misuse of his judicial position. The documents, he claimed, contained how Dattu had amassed large amount of property near Bangalore under his wife’s name.
“There are a large number of plots in or near Bangalore purchased in the name of Justice Dattu’s wife Gayathri. Photocopies of the sale deeds by which they were purchased are in the dossier. These sale deeds mention the name of Justice Dattu’s wife Gayathri, but interestingly enough describe her as daughter of Guravayoor ( probably her father’s name ), and not wife of Justice Dattu. This is strange, since the plots were purchased long after her marriage. Was this done to conceal these transactions?” he wrote on Satyam Bruyat.
Markandey Katju claimed that the land was bought by H.L. Dattu in violation of property law that disqualifies a person with family income of over Rs. 2 lacs per year, from buying land in the rural areas of Karnataka.
He also wrote that Dattu had been allotted a plot of land in Bangalore, however “under the relevant scheme such plots could only be allotted to an employee of the Karnataka High Court. A High Court Judge is not an employee ( he holds a Constitutional post, and is no one’s employee).”
“One plot of land in Bangalore was allotted to Justice Dattu under a scheme which had a term that a person already having a plot of land in Bangalore could not be allotted a plot. Justice Dattu already had plots in Bamgalore(sic), either in his own name or in his wife or children’s name at that time. He has also built a palatial house in Bangalore, allegedly on 1200 sq.m. land. Possibly that house itself would be worth Rs 50 crore or more.” Katju further added.
Markendey Katju made the allegations based on a dossier that he received containing proof of property amassed by H.L. Dattu before he was appointed the Chief Justice of India.
Eight former chief justices corrupt, says ex-law minister
In a move that could seriously dent the image of the country’s top judiciary, former law minister Shanti Bhushan has submitted a list of corrupt chief justices (CJ) of theSupreme Court before one of the court’s benches. He identified eight CJs as ‘definitely corrupt’ and six as ‘definitely honest’.
No clear conclusion could be drawn on two others, his submission says. Bhushan’s list of eight allegedly corrupt judges was given to the bench in a sealed envelope.
“Things have changed drastically during the last two to three decades. Corruption in the Indian judiciary has been growing so much that even a sitting CJ had to openly admit that 20% of the judges could be corrupt,’’ Bhushan said. He said there was a time when it was “almost impossible to even think that a judge of a high court or the Supreme Court could be corrupt”.
His list of 16 CJs, among whom he identified the eight “corrupt” ones, contained these names: justices Ranganath Mishra, KN Singh, MH Kania, LM Sharma, MN Venkatachalliah, AM Ahmadi, JS Verma, M Punchhi, AS Anand, SP Bharucha, BN Kirpal, GB Pathak, Rajendra Babu, RC Lahoti, VN Khare and YK Sabharwal.
Bhushan, who sought to implead himself in a case involving his son Prashant, a noted lawyer, said he would consider it a “great honour to spend time in jail’’ for making an effort to get for the people of India an “honest and clean judiciary’’.
“While they were in office, two former CJs had personally told me that their immediate predecessor and immediate successor were corrupt judges,’’ Bhushan said.
Prashant Bhushan is facing contempt proceedings for saying that chief justice SH Kapadiacommitted a judicial impropriety by being on the forest bench that heard the case of Sterlite Industries, a subsidiary of Vedanta. He made this statement during an interview; justice Kapadia was a senior judge in the apex court at the time.
Acting on lawyer Harish Salve’s contention that Bhushan’s statements eroded public confidence in the judiciary and “are contemptuous per se,” the court in November last had issued a suo motu contempt notice to Bhushan and Tarun Tejpal, editor of Tehelka. The application said that “in relation to the allegations against justice Kapadia, the respondent (Bhushan) has indulged in half-truths.”
It may be recalled that justice Kapadia had offered to withdraw from the proceedings if any lawyer had an objection to his hearing the matter. But lawyers had none.
The bench of justices Altamas Kabir, Cyriac Joseph and HL Dattu is seized of the matter. It is listed for hearing on November 10.
Sanjiv Bhatt case: Justice Markandey Katju alleges Supreme Court of working on behest of BJP govt; calls CJI H L Dattu corrupt
Former Chief Justice of Allahabad High Court, Markandey Katju is known for making eye-ball grabbing remarks against revered political and historical figures. Known for holding contentious views, Justice Katju may have just crossed the line through his latest accusation. Reacting to Supreme Court’s verdict against the plea of sacked IPS officer Sanjiv Bhatt, he said that the judiciary is working at the behest of Centre. According to him, Bhatt’s case has been treated in a biased manner by the apex court and termed the verdict against him as ‘outrageous’.
To validate his wild allegation, Justice Katju came up with a fresh conspiracy theory. In his Facebook post, the ex-Supreme Court judge explained how he unearthed a scandalous activity of current Chief Justice of India, H L Dattu and had sent a dossier presenting the graft charges to the then Union Law Minister and BJP leader Ravi Shankar Prasad in 2014. However, Katju explains, that the top brass of BJP who were then in power chose not to press corruption charges against Dattu, but instead force him to act in a manner which benefits the benefits the ruling party and assist them in their politics of vendetta.
“I had sent a copy of the dossier to the then Union Law Minister, Mr. Ravi Shanker Prasad containing prima facie documentary proof of his massive corruption,” Katju claimed. He alleged that Dattu acquired huge acres of land in Karnataka during his tenure as the chief High Court judge. However, they were purchased directly by him, but his wife Gayathri, who hid her marital status from the registering authorities.
“The dossier include photocopies of a large number of sale deeds of plots of land in Bangalore in the name of his wife Gayathri ( who must be privy to his prima facie corruption ) showing her name but as daughter of K.G. Guruvayya, instead of wife of Dattu, and as an agriculturist. Why did the lady conceal her marital status?” Katju said indicating that Dattu allegedly attempted to evade tax.
Justice Katju further mentions that these plots were purchased in violation of the Karnatak Land Reforms Act. Equating the activities of CJI Dattu to that of a land mafia, Katju added, “Dattu got himself allotted one plot in a scheme in which Karnatak High Court employees alone could get a plot. A high court judge is not an employee. He got another plot in a scheme whose bye laws say that a person who or whose wife has a plot in Bangalore cannot be allotted a plot. A large number of other illegal acquisitions of wealth are mentioned in the dossier.”
However, it should be noted that this dossier was presented by Dattu to numerous Public Interest Litigation activists, including senior Supreme Court advocates Prashant Bhushan and Shanti Bhushan. Prashant is known for filing a number of cases against the Indian establishment. If the allegations of Katju had weight, he would not had refrained from launching a PIL crusade against the judiciary and Centre.
After attempting to explain the charges of corruption against Dattu, Justice Katju gives an attractive conclusion to his conspiracy theory by involving Prime Minister Narendra Modi and Arun Jaitley. Here is what he said: “My guess is that when Ravi Shankar Prasad, the then Union Law Minister received the diossier I sent him, he must have shown it to Modi and Arun Jaitley, and then they must have blackmailed Dattu by showing him the dossier, and telling him to do as they say, otherwise they will expose him. How else is one to explain Dattu’s effulgent praise of Modi openly ? And how else is one to explain this latest outrageous judgment ?”
The way Justice Katju has been lately ranting on social media, he might succeed in bringing to shame popular conspiracy theorists – Subramanian Swamy and Zaid Zaman Hamid. Maybe the duo need to learn a thing or two from the former Chief Justice.
Katju’s Challenge — Impeach CJI Dattu or Jail me for Contempt
In the face of continuous provocation by Markandey Katju, why is Chief Justice HL Dattu silent and passive? If there is no substance in Justice Katju’s allegations, why isn’t any action being taken against him? Why no Contempt of Court so far?
Through his blog, https://justicekatju.blogspot.in/, retired Supreme judge, Katju has been continually taunting HL Dattu, the legal establishment, the government and also mainstream journalists for not investigating the issue based on his documents.
It is easy to write this off as Katju’s attention-seeking behaviour. But let us look deeper. He alleges that the Chief Justice of India is a blatantly corrupt man who has amassed wealth by currying favour with the government, and by breaking laws. Can India afford to take such allegations lightly?
“There are a large number of plots in or near Bangalore purchased in the name of Justice Dattu’s wife Gayathri. Photocopies of the sale deeds by which they were purchased are in the dossier. These sale deeds mention the name of Justice Dattu’s wife Gayathri, but interestingly enough describe her as daughter of Guravayoor (probably her father’s name), and not wife of Justice Dattu. This is strange, since the plots were purchased long after her marriage. Was this done to conceal these transactions?” writes Markandey Katju, in his blog Satyam Bruyat.
The land was bought by H.L. Dattu in violation of property law that disqualifies a person with family income of over Rs. 2 lacs per year, from buying land in the rural areas of Karnataka, argued Katju.
He also write that Dattu had been allotted a plot of land in Bangalore, however “under the relevant scheme such plots could only be allotted to an employee of the Karnataka High Court. A High Court Judge is not an employee (he holds a Constitutional post, and is no one’s employee).”
“One plot of land in Bangalore was allotted to Justice Dattu under a scheme which had a term that a person already having a plot of land in Bangalore could not be allotted a plot. Justice Dattu already had plots in Bangalore, either in his own name or in his wife or children’s name at that time. He has also built a palatial house in Bangalore, allegedly on 1200 sq.m. land. Possibly that house itself would be worth Rs 50 crore or more,” Justice Katju alleges.
If these charges are true, impeach the Chief Justice of India. And if they are frivolous and unsubstantiated, then haul the retired SC judge (along with other critics like myself who spread his allegations) over the coals. Let justice be seen to be done!
Chief Justice HL Dattu is not good news for civil sociey and investigating journalists, says VRINDA GOPINATH
In the on-going saga of CBI Director Ranjit Sinha’s all-revealing guest register, the plea by Prashant Bhushan’s Centre for Public Interest Litigation (CPIL) to keep Sinha away from the 2G Spectrum case because he was regularly meeting some of the accused as the register reveals, plus the counter perjury pleas filed by the CBI against the CPIL, a startling but worrying aspect has been revealed, but ignored by most observers. It is the disposition and temperament of the Chief Justice in waiting, Justice HL Dattu.
Justice Dattu will be taking over next week, on September 28, 2014, after CJI RM Lodha retires, and will have the good fortune of a relatively long tenure, till December 2015, coming on the heels of two CJIs who both retired within one year – Justice Sathasivam had retired in April, and now CJI Lodha will retire later this month. Justice Dattu is on the bench monitoring investigations into the 2G scam, but it was his unusual demand that the litigants, CPIL, reveal the name of the whistleblower who gave Bhushan the guest register, that is an alarming prospect, especially for the media.
Last Monday, the two-judge bench headed by Justice Dattu had directed Bhushan to disclose the name and address of the whistle-blower in a sealed envelope. The CBI chief, defending himself, had said that 90 per cent of entries in the register were forged while some entries may be genuine. “We want to know about the authenticity of the whistleblower. It has serious consequences on the reputation of persons and also on the (2G) trial court. Give us the source of information. How all this information got leaked out is important. We have to satisfy ourselves first,” a bench of Justices H L Dattu and S A Bobde ordered Bhushan. The learned judges said that informing the court about the whistleblower was imperative in view of the Supreme Court Rules, which obligate every person filing an affidavit to disclose the source of their information. “We will proceed if we are satisfied that this man has access to the register with names and details of people visiting the director. Once we realize there is some hanky-panky, and some investigation is needed, we will certainly go for it but we’ve got to first believe these entries.”
The order led to a flurry of activity – Prashant Bhushan pleaded that the order infringes on the privacy of the whistle-blower and therefore needs the permission from the person; the court gave Bhushan a week’s time. By Thursday, Bhushan submitted an affidavit to the Supreme Court saying it will not reveal the whistle-blower’s name even in a sealed cover stating that public interest litigations (PILs) are non-adversarial where the court intends to find the truth and that rules of procedure are not strictly followed in such cases. It also gave letters by civil rights activists against revealing the whistleblower’s name in line with the Whistle Blowers Protection Act 2011, while also adding that several whistleblowers have been killed after their identities were revealed, like Satyendra Dube, S Manjunath, Amit Jethwa and Shehla Masood.
Today, while the Dattu-Bobde bench turned down the CBI director’s plea that the case filed against him should not be heard and be dismissed, it has only agreed to hear the CPIL’s plea that the court should recall its order of revealing the whistle-blower’s name. The court has rejected Ranjit Sinha’s plea and has in fact ordered that all documents – including CBI file notings and the Director’s guest register be given to Special Public Prosecutor Anand Grover. It however said it can consider recalling its own order of revealing the whistle-blower’s name. ”We can correct our mistake if it is a mistake so that it doesn’t affect the pending and future (petitions)” the court said.
Justice Dattu it seems has been caught in a bind after Bhushan dug his heels in about not revealing the whistle-blower’s name. But what does it say for the media and civil society if a Chief Justice demands that the cover of anonymity be blown of whistle-blowers who help uncover corruption cases? What can journalists do if the court orders that the source be revealed in an investigation story? It does not bode well both for media and civil society. Neither does it for Justice Dattu, in his last week before he takes up the prestigious post of Chief Justice of India, the highest ranking judge of the country.