Indians Diary e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.30........29 / 07 / 2017

Notice To Chief Justice of India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice

Supeme Court Judge in Illegal Land Scam ?

3 -judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-

house inquiry against two sitting judges of the Odisha High Court, has halted its
proceedings after the name of a senior Supreme Court Justice cropped up during the
course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now
written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of
the subject.

Sources told DNA that a series of representations were also made by the complainants in
the case to the President and the Prime Minister, mentioning the involvement of the
Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S
Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house
inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of
power and position.
Once the name of the senior Supreme Court judge came up for his closeness to the two
judges who are under probe the panel decided to write to the CJI.

The letter brings to the CJI's notice this particular development and also underlines the fact
that the panel was constituted only to probe High Court judges and has no authority to
probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However,
sources told DNA that ever since the senior Supreme Court judge's name came up, the
proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to
do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court
after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than
his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS
Thakur, while acting on the complaints filed by two individuals, who had levelled serious
allegations against the two judges. The complainants had also provided material to support
their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the
President to initiate the process for their impeachment -- the only way, other than voluntary
resignation, judges of Supreme Court and High Courts can be removed from office under
law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid
down the in-house procedure for taking suitable action against members of the superior
judiciary, who indulge in acts of omission or commission and breach the principles laid down
in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of
 India had recommended impeachment of a sitting judge for proved misbehaviour or
incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge
in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok
Sabha could vote on the motion.

A SENSITIVE INVESTIGATION
The panel is conducting an in-house inquiry against two Odisha HC judges for
alleged misuse of power and position.
Once the name of the senior Supreme Court judge came up, the panel decided to
write to the Chief Justice of India.

Promotion denied as I ordered CBI inquiry, says retired High Court judge

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief
justice of the Punjab & Haryana High Court may have been scuttled because he ordered the
Central Bureau of Investigation to probe a controversial allotment of public land.

The case pertains to plots of land allocated 37 years ago to about 300 people, including
Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court.
Some beneficiaries allegedly made false declarations that they didnt own any land so
that they could get the plots. People close to Misra dismissed the allegations as baseless.

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land
allotment. Das told ET he missed out becoming chief justice because he had ordered the
probe by the CBI, which submitted its report in August 2013.

"The link and presumption is not unfounded," Justice Das said by phone from Cuttack. "In
January, I ordered the CBI probe and three months later, in March 2012, my name came up
for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my
name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but
for this, I would have retired as chief justice."

Justice Misra's office did not respond to an emailed questionnaire from ET seeking
comment on the matter. However, people close to Justice Misra said he has never
acquired land in a fraudulent manner or by misrepresenting facts.

"The land was taken in 1979, when he was a young advocate, and he surrendered it in
1985, for which records can be verified. These are all baseless allegations," the people said.
Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand
and listen to the National Anthem before watching a movie in a theatre. He is in line to
become the Chief Justice of India in 2017.

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the
President of India in September, seeking action against him for acquiring public land by
allegedly misrepresenting facts. The President's office declined to comment on the matter.

ET is in possession of the complaint and related documents, which show that two acres of
land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled
by an additional district magistrate in 1985, who ordered the land records to be corrected.

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was
obtained through fraud and misrepresentation, Das said. The records were corrected 27
years later, after the high court intervened and asked the collector to submit a report.

"The CBI report also said the land record was not corrected till 2012. Technically speaking,
Justice Dipak Misra, among others, from 1979 to 2012, were in possession of this land,"
Justice Das said. "There were about 300 allottees. This was a case of encroachment/illegal
allotment to individuals, who misrepresented facts and claimed to be landless."

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as
chief justice of the Punjab & Haryana High Court.

"Dipak Misra had already moved to the Madhya Pradesh High Court when I became a
judge, so he had no idea about my performance as a judge. But he on his own wrote to the
collegium opposing my appointment," Das said. "Plus, there was a conflict of interest his
name figured in the land allotment case being heard by me and he didn't declare his interest
to the SC collegium."
People close to Misra debunked this allegation as a disgruntled grouse. "These are
someone's grievances because he could not be elevated. Why bring in collegium matters
here? And something which happened long back? You must find out which all people got
plots out of discretionary quotas," they said.

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity,

that Justice Misra had "serious reservations" about appointing Justice Das as chief justice of
the Punjab & Haryana High Court.

Further inquiries revealed that facts about the land allotment case may not have been
brought to the notice of the SC collegium when Justice Misra was considered for
appointment to the nation's top court. Misra was appointed as a judge of the apex court in
October 2011and is due to retire in 2018.

"It may not have been brought to the notice of the collegium, but I dont have any records,"
Justice Das said.

"This is something very serious and was not brought to the notice of the collegium. There
was no IB report also," said a legal luminary who asked not to be identified. "The SC
collegium should take cognisance of this as per in-house mechanism, since the complaint
is also addressed to Chief Justice of India TS Thakur."

"Justice Misra is known for his credibility and integrity," the people close to him said. "Do
you think it is possible that the facts weren't brought to the notice of the collegium headed
by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think
he wouldn't know about it?"

Uttarakhand chief justice not elevated under govt pressure: Demand to make
public dissenting note
Well-known legal rights organization, Campaign for Judicial Accountability and Reforms
(CJAR), has said that Justice KM Josephs non-elevation to Supreme Court judge is linked
with his bold decision striking down the imposition of Presidents rule by the Centre in
Uttrakhand last year.
Alleging that the decision not to elevate the Uttarakhand chief justice has been influenced
by pressure from the government, CJAR has demanded that the full text of Justice J
Chelameswars dissenting note to the collegium objecting to the non-elevation of Justice
Joseph be put in public domain.

One of the most influential legal rights organization of India, those associated with CJAR
include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant
and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information
activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, As a member of the Supreme Court collegium, while Justice Chelameswar
has not disagreed with the names of the five other judges that have been proposed for
elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right
and justified.
This is the first time in the annals of the Supreme Court collegium that a member has written
a dissent note. Normally such views are conveyed orally.

We regard Justice Jospeh to have had an outstanding record as an independent judge of

high integrity and holding secular views. His being sidelined is surprising since his name for
elevation to the Supreme Court, was even recommended by the previous collegium headed
by Justice TS Thakur, CJAR insists.
Pointing out that transparency in the working of public functionaries, both the judiciary and
the government, is critical in a democracy, CJAR says, It is ironic that there has been
complete opacity from both these institutions about disclosing a draft of the memorandum
of procedure for appointments to the High Court and Supreme Court.

The process has been shrouded in secrecy, excluding public participation in this crucial
process, CJAR says, adding, There have only been leaked media reports and
speculations on certain contentious clauses in the memorandum that have been going back
and forth between the government and the judiciary.
Contending that repeated requests from CJAR for a draft of the memorandum to be
shared have received no response, CJAR asks the Supreme Court chief justice JS
Khehar to make public the memorandum, which is being how finalised by the judiciary.

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of

Andhra Pradesh

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice
of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna
Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations
against the sitting judge including a detailed account of criminal misconduct against a dalit
magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District,
was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a
dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan
Reddy happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with
petrol and set him of fire when he refused to sign on a blank paper.

Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna
Reddy rang him up, and directed him to remove his brothers name from the dying
declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said
judge when he refused to accede to his request.

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna
Reddys house where,
.Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He
further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused
his caste.

It is Rama Krishnas allegation that he was victimised following this incident by

unexplained transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan
Reddy appointed as Additional Public Prosecutor.

Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006
for a period of three years in contravention of the law that mandates seven years of
continuous practice as an advocate prior to appointment as an Additional Public
Prosecutor.

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for
the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not
responded to CJARs representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and
Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme
Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M
Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by
then Chief Justice Dattu likening the case to a service matter and observing that the case
was a grievance of an individual and cannot be considered as a case pertaining to
Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

Sixty one Rajya Sabha members have moved a petition for impeachment
proceedings against Justice CV Nagarjuna Reddy of the Andhra
Pradesh/Telangana High Court.

The following are the main allegations against the Judge

Misused his position as HC judge to victimize a Dalit Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly
Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he
was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar
Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded
by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that
Justice Reddy had summoned him to his home and when he refused to remove the name of
his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the Dalit
tenants against Justice C.V. Nagarjuna Reddys wife and daughter, is also mentioned. There
also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the
Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddys
influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable
and immovable properties crores of rupees disproportionate to his known sources of
income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and
liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself
and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct
while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

DALIT Judge dismissed for being HONEST ?

- An Appeal to Honourable Chief Justice of India

Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar
Gwal is a Dalit , from oppressed class. Being from an oppressed class , he best
understood the sufferings of oppressed sections of society , sufferings of people , tribals
displaced from forests to make way for big industries , MNCs. He understood the
oppression of common public by police , state machinery resulting in common mans
human rights , constitutional rights violations. He understood the machinations of state
machinery to favor big industrialists , also he understood the misuse of office by public
servants all against the rule of LAW.

Sukma CJM Mr. Gwal sincerely did his constitutional duty , to uphold rule of law and
earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his
judicial duties , repeatedly transferred and now unjustly dismissed from service without
ANY ENQUIRY giving a chance for Mr.Gwal to make out his case. Whereas some other
selfish judges turned their blind eyes to the sufferings of public , violations of law by public
servants , intentionally failed to uphold the law and got smooth sailing for their own
career.

Hereby , We urge the Honourable Chief Justice of India to order the Chhattisgarh
State Government :

1. To immediately reinstate Mr.Gwal into judicial service.

2. To make posting at the same place , same court of Sukma , so that he can complete
the cases concerning the powers that be to the logical end.

3. To initiate criminal legal prosecution against district collector , police officials , public
servants who directly & indirectly interfered in the judicial duties performed by Mr. GWAL.

4. To initiate criminal legal prosecution against Chhattisgarh High Court Judges who
instead of upholding rule of law , supporting Mr. Gwal in his duties took sides with criminal
nexus , powers that be and repeatedly transferred him and now dismissed him from service
without enquiry.

5. To reopen all the buried cases which were dealt by Mr. Gwal and buried by transfer of
judge Mr. Gwal. To take action against ministers , public servants involved in those cases.

6. To initiate criminal action against sukma district collector , police officials and
Chhattisgarh High Court Judges on charges of Atrocities against DALIT Mr. Gwal who
was repeatedly harassed by them.

7. To initiate criminal prosecution under anti terror laws , against present and past
chattisgarh state government ministers , central government ministers , police officials ,
public servants who were and are responsible for creation of terror outfit SALWA JUDUM
, its recent terror child salwa judum 2. These public servants have indulged in terror
acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016..Yours sincerely

Place : MysuruNagaraja.M.R.

Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; Indias Justice
System Got Screwed Up In Karnans Case

by Dr P S Sahni

A law student in any university anywhere in the world is taught that before convicting a
person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases
the judgement convicting a person is pronounced on a particular day; and the quantum of
punishment is announced later after the lawyers have had a chance to argue on it. In
Justice C.S. Karnans case the order of conviction and punishment and imprisonment was
pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned
judgements actually two separate but concurring judgements as per media reports were
made available on the Supreme Court website only on 5 July, 2017. These judgementsare
said to have been given by the then seven senior most judges of the Supreme Court. Any
law student anywhere in the world would naturally be aghast at the violation of a
fundamental principle of the justice system. And this is not the only fallacy.
One of the judges who gave the majority judgement had retired on 27 May, 2017; which
means that the signatures of all of these judges should have been affixed by 27 May, 2017.
But was it done?
From 9 May, 2017 till date Karnans lawyers had been trying to get the attention of the Court
both during and after the summer vacation through the process of mentioning before
the relevant bench of the time. In fact most of the time Karnans lawyers were treated
shabbily, threatened with eviction from the court. In one instance Karnans lawyers were told
to approach the Court after a month i.e. after the vacation. When they did so after the
summer break, they were told not to disturb the court proceedings!
It reminds one of how people from the Scheduled Caste community were treated in the last
two millennium as and when they tried to enter the holy precincts of a temple in India.
Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have
captured it well in their verses five centuries back. So even today a Dalit judge like C.S.
Karnan is being treated in the same way; one just has to read about how his lawyers had
been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.
Could it be that one of the judges had actually retired and not affixed his signature on the
judgement; so efforts were being made behind the scene for a resolution of this
technicality? This scenario seems more likely than the contrived projection that all the
judges in the majority judgement had affixed their signatures on or before 27 May, 2017.
Now that Justice Karnans case seeking bail and challenging his six months sentenceis
provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made
available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels)
is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India
have forgotten, the same seven wise judges of the Supreme Court had put a gag on the
press to the effect that Justice Karnans statements were not to be carried w.e.f. 9 May,
2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnans
credibility to smithereens; while Karnans view point would stay censored. So the stage is
being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case
is taken up hopefully on 7 July, 2017 in the Supreme Court.
Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an
independent agency would have to get hold of all the personal computers, hard disks etc. of
all the seven judges; seal these and send them for forensic examination. All the emails
exchanged on the issue between the judges would need to be examined. The effort should
be to ascertain when each of the seven judges affixed their signatures on the judgements
(as there are more than one judgements). The individual seven judges should be subjected
to thorough interrogation to arrive at the truth.
Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive
regime.

Editorial : Are all Judges Honest ? Satya Harishchandra ?

Why no action against judges who committed sex crimes against women , who swindled
employees provident fund money , etc , While Judges belonging to powerful castes , having
influence , who have done grave crimes are let off , their cases buried. Justice karnan is
tortured as he is a dalit without any influence for exposing crimes. So called learned
advocates are defying gentleman's boundaries and personally calling a judge as lunatic. Are
those learned advocates cultured , gentleman , what they have done to safeguard justice.
Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT.
Judge's Mafia. Overall in this saga certain people want to bury the corruption allegations
made by Justice Karnan, by diversion from core issue of corruption by judges. In the same
way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges ,
where is the justice to these persecuted dalit judges ? Why not their tormentors high court &
supreme court judges legally prosecuted under Prevention of Atrocities Act against SC
/ST ?

Judges SEX crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

A Z of Manipulation of Indian Legal System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System
,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-
markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html

Eight chief justices were corrupt: Ex-law minister

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-
minister/articleshow/6568723.cms

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-
judges-congress-news-national-rcruamjjfdhhc.html ,

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations

against HC judges

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-
brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

Traitors in Judiciary & Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,
Crimes by Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki

FIRST Answer Judges Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police

The mafia of corrupt has never allowed for transparent , impartial investigation into
criminal cases involving higher judges & public servants. Justice Karnan is in the position
of high court judge due to his merit , talent , education not on the basis of reservation or
anybodys mercy. Justice Karnan is a whistle blower , he has exposed corruption in the
higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a
fair investigation into his charges, is trying all out to silence him. Some people are even
making personal attacks , by calling him lunatic. Those persons may be beneficiaries of
the existing corrupt judicial system and they want to continue with this present corrupt
system.

In a Mental Hospital ward , say there are number of mentally challenged patients playing
inside the ward. A doctor & his assistant enters the ward to check , give routine
medicines , injections to patients and then all those patients call the doctor himself as
mad. It is the same situation now.

Are not the so called learned , aged advocate ( @ gods airport ) and learned
judges see the crimes by judges in the past. See sample cases mentioned above &
below. What action taken by those learned judges & learned advocate , to safe guard law
in the above / below mentioned cases? Our judicial system is being weakened by
corrupt judges & few , greedy advocates ( learned ? ) , NOT by whistle blowers who
have sacrificed to protect the nation from corrupt people.

In the past few judges belonging to powerful castes facing charges of gravest crimes ,
got a smooth sailing , their cases white washed. But Justice Karnan belonging to
oppressed Dalit class is being tortured for standing up against corruption. He has done
no crimes. This is the very reason few honest judges & honest advocates keep silent
fearing victimization.

Hereby , we demand Honourable Supreme Court of India :

1. To order transparent , impartial investigation into all the above mentioned

corruption cases involving high ranking judges.

2. To order for filing charges under SC / ST Atrocities Prevention Act against high
ranking judges who tortured Dalit Judges Justice Karnan , Justice Gawl & Justice
Ramakrishna.

3. To order for filing charges under SC / ST Atrocities Prevention Act against learned
advocate & others who made personal attacks on Justice Karnan by calling him as lunatic
and for obstructing legal prosecution of the corrupt judges.

Jai Hind. Vande Mataram.

Yours

Nagaraja Mysuru Raghupathi.

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