Sunday, June 6, 2010

[rti_india] Re: NHRC and RTI

 

Dr. Nutan Thakur is again expelled from this group for
repeatedly violating our group rules. For instance
by circulating her mobile number in posts.

--- In rti_india@yahoogroups.com, Nutan Thakur <nutanthakurlko@...> wrote:
>
> We oppose J
> Balakrishnan’s appointment as NHRC Chairman
>
> "Both Advocates and Judges have an equal responsibility towards the
> society. So both deserve equal respect from the people."- J K G
> Balakrishnan, ex-Chief Justice of India and the incumbent Chairman of
> the
> National Human Rights Commission.
>
> “This stubborn attitude greatly damaged the image of judiciary in the
> country,
> and the already eroding faith and confidence of the people in the
> judicial
> system only got further reduced in the wake of such an attitude on the
> part of
> the former CJI,”-J  D V Shylendra Kumar,
> Karnataka High Court Judge
>
> "He wants publicity and such a thing is not good for a judge. Judges
> should not be publicity-crazy." â€" J Balakrishnan
>
> "On a legal place the CJI does not have the authority to speak for all
> judges of the Supreme Court, or High Courts, unless any of them have
> either
> confided in the Chief Justice or have authorised him to speak on behalf
> of
> others."-Â J Shylendra Kumar
>
> I present these four statements before you just to show that things are
> not
> exactly rosy in the Judiciary. The murmur of "all is not well" was
> there for a long time but during the last few years the situation has
> worsened
> a lot. And the worst so far has been seen in the tenure of J K G
> Balakrishnan
> who has just retired as the Chief Justice of India and is now appointed
> as the
> Chairman of NHRC. As per the NHRC's own website -"The National Human
> Rights Commission is an expression of India's concern for the protection
> and
> promotion of human rights." We can fully understand what kind of
> custodian
> of Human Rights of the citizen of this Nation J Balakrishnan would prove
> to be,
> particularly when during his three year long tenure as the CJI all he
> earned is
> a reputation of being biased, politically motivated and anti-people.
> During his
> entire tenure, many of his judgments were being seen as being motivated
> to
> please different powerful politicians and political forum as per their
> rising future
> prospects at that time. I remember a remark made by a High Court Judge
> before
> whom I had appeared in a Writ Petition saying the party concerned in a
> matter
> of political significance that if he wanted a favourable decision he
> could very
> well go to the Supreme Court where the CJI would be more than obliged to
> do so.
> He also said this is what the CJI had being doing in all such cases. One
> can
> understand the situation when a High Court Judge can dare to say such
> disparaging things in the Open Court. I can never prove this statement
> of mine
> because in all certainty the concerned Judge will straight way refute
> this and
> might even call me a liar but the fact remains that J Balakrishnan had
> slowly
> started acquiring a reputation of being highly pliable and politically
> guided.
>
> The situation worsted in the J Dinakaran case where the controversial
> Chief
> Justice from Karnataka High Court was to be elevated to the Supreme
> Court
> despite all kinds of clear-cut allegations. The way J Balakrishnan
> behaved
> during the entire sequence of events, changing his stand every now and
> then,
> made every publicly-spirited person feel really humiliated. In one
> statement
> while defending J Dinakaran he said- "“All these allegations have been
> raised when his name was suggested to be elevated”
>
> The next to come was the Judges Assets episode. J Balakrishnan fought
> tooth and
> nail to keep the Judges out of the ambit of the RTI Act as regards their
> personal
> assets. As everyone can easily understand, no one in the land, including
> the
> Supreme Court and High Court judges are above law. There can be no
> discriminatory
> privilege to be enjoyed by a person just because he/she is a member of
> the Higher
> Judiciary. This single stand of J Balakrishnan generated so much hue and
> cry
> and exposed him to the general public that not only he but also the top
> judiciary started losing some of its shine. The Nation must be thankful
> to J
> Shylendra Kumar, the brave hero of this country, who must have had to
> face all
> kinds of humiliation, disturbances, threats and boycott from many fellow
> Judges
> as can be seen from the statement made by J Balakrishnan when he said
> that J Shylendra
> Kumar is publicity crazy. So, a person who is on a justified stand and
> who
> becomes the first Judge in the country to declare his assets publicly is
> "publicity crazy" and the person who goes to all possible extent and
> uses all his power and authority to stop this from happening is now the
> Chairman of India's Human Rights Commission. One can very well
> understand what
> would be there is store for the people in an important case which
> involves any
> truly powerful persons from the government. In all certainty J
> Balakrishnan might
> shy away from delivering justice just the same way he had been shying
> away from
> declaring his and his fellow Judges assets.
>
> It is for this reason that we oppose the appointment of J Balakrishnan
> as the Chairman
> of NHRC and fully endorse the view expressed by J Shylendra Kumar that
> -"Balakrishnan
> tarnished image of judiciary’" and hence a suitable person must be
> chosen
> for this post which needs much of independent thinking.
>
> Â
>
> Dr Nutan
> Thakur,
>
> Convener,
>
> National RTI Forum,
>
> Lucknow
>
> # 94155-34525
>

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