Editorial : CROSS–EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA
– SUPREME COURT OF INDIA IN THE WITNESS BOX
In a democratic country like india , when ever people suffer injustice they go to government officials seeking justice . when they don’t get justice there , they appeal to their peoples representatives – MPs , MLAs seeking justice . still , if they don’t get justice people appeal to law courts seeking justice. Now , criminalization of bureaucracy & politics is almost complete in India , people are not getting justice , their grievances are not getting redressed. However , nowadays we are seeing reports of corruption , malpractices of judges in the media. In this backdrop our publication appealed to the ultimate saviour of law , custodian of constitutional rights the honourable SUPREME COURT OF INDIA bringing before it various cases of injustices , human rights / fundamental rights violations concerning public involving public interest , threat to life of editor & his family members , etc. there was no reply , no action till date.
As a last resort , our publication sought information as per RTI ACT 2005 , following information from the honourable supreme court of India. The public information officer has declined to give information except in one with regard to PIL filing conditions ( vide letter no : Dy no.199/RTI/2007 dated may 25 , 2007). an ordinary criminal doesn’t speak out because he is afraid that truth will come out & he hides or destroys all evidences . In the same manner , the government officials are violating RTI act in one way or the other , all with the objective to hide information or else their criminal acts will become public. In the same manner , the P.I.O of honourable supreme court of India is hiding the information , all with the objective to hide the crimes of some judges & to shield the guilty judges. What is the difference between petty criminals & these officials of judiciary ?
Our publication has highest respect for the judiciary & all constitutional authorities. It is the corrupt officials in those very same departments who are bringing disgrace to the very offices they occupy. This is our humble appeal to the honourable chief justice of India , honest few among the judiciary to cleanse the system , to uphold the dignity & sanctity of the judiciary or else where the common people has to go seeking justice.
Hereby , we do humbly request the honourable chief justice of India , to answer the following questions , to provide information as per RTI ACT 2005 , in the larger public interest. A copy of our application seeking information is provided below. JAI HIND. VANDE MATARAM.
APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )
FULL NAME OF THE APPLICANT : NAGARAJ.M.R.
ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,
EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA
PIN – 570017.
DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :
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.
Q1. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date ?
Q2. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q3. what action has been taken against guilty judges ?
Q4. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q5. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q6. are judges above law ? are not everybody equal before law ?
Q7. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q8. how ? if not why ?
Q9. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q10. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q11. how does the judiciary verifies those statements ?
Q12. is such statements made public , on web ?
Q13. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q14. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q15. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q16. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q17. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q18. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q19. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?
Q20. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?
Q21. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q22. how judiciary is monitoring food & medical care to prisoners ?
Q23. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q24. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q25. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q26. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q27. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q28. what is the criteria adopted for promotion of judges ?
Q29. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q30. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q31. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q32. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q33. are not these measures a failure , looking at present state of affairs of judiciary ?
Q34. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q35. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q36. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q37. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q38. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q39. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q40. why numerous appeals for PIL by me , were not considered ?
Q41. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q42. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q43. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q44. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q45. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q46. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q47. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q48. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q49. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q50. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q51. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q52. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q53. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q54. the appeals made to the honourable supreme court of India , copies of which are available at following web pages :
what are the status of those appeals ?
Q55. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.
ENCLOSED : IPO NO 48C 869282 DT 27/04/2007 FOR RUPEES FIVE PLUS
IPO NO 48C 869283 DT 27/04/2007 FOR RUPEES FIVE = TOTAL RUPEES TEN ONLY
PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
PUBLIC INFORMATION OFFICER , O/O HONOURABLE CHIEF JUSTICE OF INDIA ,
HONOURABLE SUPREME COURT OF INDIA , NEW DELHI.
DATE : 27/04/2007 NAGARAJ.M.R.
PLACE : MYSORE (APPLICANT)