Wednesday, May 20, 2015


Excellent food for thought from Vijay. The Judges would always try to maintain their supremacy. They must be held accountable for absurdity!

On Wed, May 20, 2015 at 2:11 PM, Vijay Kapoor <> wrote:
In this context, the recent order by SC as reported in the media, that a "judge" who has passed an absurd order cannot be questioned, is even more absurd. Question then arises: that if the "judge"  even in an absurd order cannot be questioned, can a judge who passes a criminal order, say, "go and shoot Mr. X" or "go and commit rape" or "burn down the house" can also not be brought to book !? Then can an absurd "judge" who passes an order, say, "I hereby sack the President of India" or "The parliament stands dissolved" be not brought to book ?
The judges need to ponder the deleterious effects on the nation of their virtually complete accountability.


On Wed, 5/20/15, Rakshpal Abrol <> wrote:

 To: "Gopalkrishnan iyer" <>, "Dr. NC Jain" <>, "" <>, "" <>
 Date: Wednesday, May 20, 2015, 1:04 AM

 The system was
 evolved taking into consideration of British
 laws.Most of the Advocates follow
 the same and being influenced the judges pass the
 Justice is never delivered it is purchased. 
 Warm regards,   
 Rakshpal Abrol
 Consumer Activist

  From: Gopalkrishnan
 iyer <>

 To: Dr. NC Jain
  Sent: Tuesday, 19 May
 2015 3:22 PM
  Subject: Re: [IAC#RG]

 There is
 no doubt left as to the fact that Indian justice system is
 not free from influence from powers that be, money power and
 high profile advocates.The recent verdicts one after the
 other seeng Salman khan virtually a free man within hours
 despite being convicted is ample proof that justice delivery
 is maneovreable! Harish Salve's presense in the court in
 a way subdued the Justice!! Or else all those involved in
 deliberating whether Salman is a culprit or not are  not at
 all knowing the law on which they argued for 13 years! 
 Jayalalitha'scase too is anopther instance cite!  Can a
 common man avail the services of Salve or the like of him
 and if so at what cost and how fast! Common man has to wait
 for months for an appontment where as all appointments were
 cancelled and flew down in Salmans case!!I should
 say the justice system also is influenced by status of
 people involved!

 trader Gupta in the US was convicted in a matter of days and
 sentence followed in the same pace whereas Harshad
 Mehta's case is far from being over though the accused
 passed away long back!
 I think the jury system
 could speed up the justice system with least chance of a
 faulty delivery of justice

   On Monday, 18 May 2015 12:47 PM, Dr.
 NC Jain <> wrote:

 Such instances are very common.As everone is aware, justice
 delayed is justice denied and In India, it is a common
 practice in almost,most department. I have a case of
 noncompliance of CIC order for the last 4 years and cic is
 not replying/taking any action on it. In short,India is free
 but not Indians.We have to struggle to make Indians free.
 N C Jain

      On Friday, May 15, 2015 1:14 AM,
 Vijay Kapoor <> wrote:

 theory there appeals are possible to set right the wrongs of
 lower courts. But things are entirely different in
 I cite a couple of my own

 1.  I filed a
 consumer complaint against a leading industrialist and
 builder of Goa in the State Consumer court. The
 "president judge", one Mr. Nelson Britto,
 apparently held the case in my favour because he granted me
 penal damages of Rs. 3.0 lacs against the builder. But look
 at the sheer malafides of the "judge" and his
 "order", who apparently imposed the penalty as a
 smokescreen to shield AND REWARD the errant industrialist.
 His entire order does not mention a single word as to why he
 imposed the penalty, and whether the builder was in
 deficency, in unfair trade practices, and providing
 hazardous services, WHEN the industrialist-builder has lied
 under oath and put a false document said to be the NOC from
 navy in the agreement to sell; the builder admitted in
 cross-examination under oath in that he destroyed evidence;
 that he never obtained the mandatory NOC from navy; that the
 brochure placed on record by me was his brochure; that he
  Registration Act; that he
 contravened The Transfer of Property Act by not disclosing
 material defects in the property; etc. and so on. There is a
 contravention of at least half a dozen major Acts and laws
 of the land. But the "judge" does not discuss any
 of the law points involved and does not utter a single word
 about all those. Finally to cap it all the "judge"
 ignores the prayers made by me to either give market value
 (with written quotations from 5 vicinity builders) OR a
 similar flat in nearby locality. Instead he gives interest @
 15%, which means a loss in capital value to me of over 10
 lacs (excluding interest cost), and a corresponding gain to
 the industrialist.

 2.  In
 another case in the same court the "judge", one
 Mr. Prabhudessai, who claims to be a law teacher in a local
 college, ignores all evidence on record and several points
 of law raised: Can the opposite party submissions that are
 not on affidavit and are merely verbal, be entertained by
 the court; Can a piece of paper without an Invoice Number /
 Tax registration, taxes be a valid "Invoice /
 Bill"; can the OP who has approached the court in not
 good faith be entertained; when there are 6 different
 agreements between the parties and with different dates and
 terms & conditions, can the matter be properly decided
 without first deciding which of the agreements is the valid
 one; when the OP himself does not dispute or refute the
 evidence placed on record, can the "judge"
 unilaterally decide differently that too without any
 reasoning; can the "judge" overrule at least 10 SC
 judgments on different subjects; can the "judge"
 overrule the law and the intent to
 parliment; can the "judge" order costs when
 several issues of law have been raised; etc. The appeal
 before the National Commission was the same  .......
 non-appreciation of evidence on record and several  law
 points raised. At this point as I came down with health
 problems I could not pursue the matter in the SC.

 There are many fine judges (I
 recall Justices Mr. Sachar and Mrs. Leila Seth, who settled
 my PF case in just 4 hearings and did not allow the govt.
 lawyers to dilly-dally. I also recall the justice in Delhi
 HC, who put his foot down by telling the govt judges to get
 on with their defence, if any, and the outcome was quaterly
 disclosure of results by corporates, and also certain
 provisins for transparency in results.) But, the problem is
 all-persuasive, and is not limited to the judiciary only. As
 the SC itself has said that the judges are part of the same
 society. One hopes that one encounters the good judges,
 babus, netas, of which there are many.

 There is need for ALL-ROUND reform as in
 REFORM. The elections, administration, judiciary, police,
 education, health, ... just everything.


 On Thu, 5/14/15, P.Mohana Chandran <>

  Subject: Re:
  Date: Thursday, May 14, 2015, 1:08 AM

  Shri Venkataraman may
  kindly note that to err is human.Judges also
 may err-of
  course not with the intention to
 err.The error may be on a
  question of law
 or on a guestion of fact.To take care of

 such situations,law enables affected party to file
  Appeal,Review,Revision etc.Do you wantthe
 Appellate Court to
  confirm the trial court
 judgement in all cases and thereby
  make the
 people to have faith in judiciary.TrialCourt and
  Appellate Courts shall patiently hear the
 matter and give
  judgements with out fear or
 favour.They need not worry about
 comments that may be made by persons like

  If the decision of
 Mr.Justice Kumaraswamy of
  the Hon'ble
 Karnataka High Court is based on erroneous

 calculation (mathematical error ) in calculating the
  assets and total income and if the
 mismatch is really more
  than 10% as is
 being propogated by some opposition leaders

  in Tamilnadu, a mere Application  for Review will be
  sufficient for the Judge to  correct the
  The allegation was that since
  Ms.Jayalalitha  is a politician,the case was
 prolonged for
  more than a decade.On her
 coviction,when the Bail matter
  came up
 before the Supreme Court ,coditional Bail was
  granted,a consequence of which is expeditious
 disposal  of
  the Appeal which resulted in
 quick disposal of the
  Appeal.The economic
 status of the party concerned has
 to do with the case.
  A resourceful /wealthy
 party may be able
  to engage a team of legal
 experts and may be able to come
 successful by taking advantage of the loopholes in law.A
  'daridra narayana' may have to depend
 on a lawyer
  provided by Court or  Legal
 Services Authority who may  or
  may not be
 good/capable of handling the matter.It is only in
  this matter ,economically deprived persons are
 in a dis
  advantageous position.Bail is the
 Rule and Jail is an
  exception. Poor people
 are not capable of engaging a lawyer
  and in
 cases that are not very serious,amicus curie is not
  appointed by court for accused and hence they
 remain in jail
  for days, months and  at
 times years.
  I shall cite a case
 (Mrs.Indirra Gandhi)
  where a High Court
 's verdict was set aside by the
 Court,not because the High Court was wrong but
  because the Parliament amended the law with
  effect.Incurring expenses by
 a candidate above the cut off
  limit was an
 electoral malpractice even if the amount is

 spent by a  political party. Mrs.Gandhi was unseated as
  Congress spent in excess of the cut off
  emergency, law was amended
 with retrospective effect
  stipulating that
 money spent by political parties shall not

 be counted to calculate the cut off amount .Both the
  decisions were correct.Perhaps Shri
  Venkataraman might not have uttered a word
  Ms.Jayalalitha got the Prevention of
 Corruption  Act
  amended with retrospective
 effect exempting MPs,MLAs,MLCs
  and Central
 and State Ministers from the per view of the
  Prevention of Corruption  Act.I appreciate Ms
  for fighting the case by filing
 Appeal engaging ,of course
  the best legal
 brain instead of managing to  amend the

 Prevention of Corruption  Act with the help of Mr Modi
  also the DMK P.Mohana

  On Wed, May 13, 2015
  at 9:08 AM, Raghavan R N <>

  Dear Sir,

 If some one is  Punished by a Court, it does not
  mean Judiciary  is right . There are many
 cases  pending
  Judgement  in a number of
 Courts in india, the two recently
  came up
 for public attention is that of Ms Jayalalitha and
  Mr Salman Khan
  Every one
 knows that  Ms Jayalalitha's case
 one related to Politics and it is natural, every one
  wanted her to be punished[ her opponents]. 
 She has been an
  actress for a long time and
 her back ground is too good to
 considered that she amassed wealth only by political
  means.  Judgement by a Lower Court need not
  decide the final outcome. Law
 provides more options  till
  Supreme Court.
 If it is a fit case for fighting, Govt should
  initiate action to file a suit in Supreme
 Court. None
  prevented and no one should
 close this option. Counting
  dresses ,
 chappals and other house hold articles for

  estimating the assets of Ms Jayalalitha looks
  In the case of Ms Salman
 Khan, it can be
  appreciated that this case
 is not of national importance.
  Daily such
 run over cases happen in India and abroad and
  even yesterday three women were killed under
 the wheels of a
  police vehicle. It is an
 accident can be due to
  negligence.Here too,
 the accused has options to
  appeal in higher
 court to get justice. Bail was granted as

 he is an actor and is working in number of FILMS. All get
  affected. Granting bail , fast or slow cannot
 be questioned.
  Definitely, prominent people
 get things done fast and for
  others, it
 takes time. It is Indian culture and way of doing
  things in India.  

  raghavan rn

  Date: Tue, 12 May 2015 12:47:50 -0400

  One more case of
 SATYAM   Ramblings Raju. The fraud is
 open book to every one. He got bail with in a
  Sent from my iPhone
 12-May-2015, at 3:41 am, Jagjit Ahuja <>

 Judiciary in India has
  made a mockery of
 themselves . They know that there is  no

 one in the governing system who can punish them for all
  wrongs. Now with the judgement made in
 favour of
  Jayalalitha clearly shows that
 how our judiciary has been
  working . The
 presenting officers and the defence

  advocates have been playing games with each other .At
  least punish out off  those who have been
 proved to be
  wrong .
 thing happened with the case of Salman

  On Mon, May 11, 2015 at 8:41 PM,
 Venkatraman Ns <>

 India Against Corruption


 several years
  of trial in a killing case,
 an actor was held guilty by the
  court and
 jail term
  awarded. But, he got bail in a
 few hours 
  from another judge. After
 several years of trial in a
 case, a
  Chief Minister was found guilty and
 awarded jail term and
  hefty fine. But,
  after a few months, a higher court judge
 called her innocent
  and acquitted
  everyone involved totally. Now, one wonders
 which judge is
  right and which judge
  is wrong.

 While rich
  politicians and cinema actors
 seem to have the last laugh,
  there are
  of dharidhranarayanas in India
 who stay in jail for lesser
  crime for
  years without being heard. Are they
 not as much Indians as
  the cinema actor
  driving his car on a pavement dweller and rich
  indulging in corrupt
  practices ? Are we settling down for this sort
 of democracy
  in India ?

  An average common man
 India, millions of whom do not have any political
  affiliation have already
 faith in the politicians in power and bureaucracy. He
  has been thinking that
 judiciary is ultimate conscience keeper of the country.
  But, when judiciary
 judgements with so much of contradiction between one
  judge and the other
  providing  bail and relief
  to the
 convicted actor and
  politicians with
  great speed and with
   many judges in
 India already having been
  accused of
 corrupt practices in the past, people 

 tend to develop doubts about judiciary


  Now, what can a
  common man do , if he loses faith in
 politicians in power,
  bureaucrats and
  judges? It is alarming to think about such
 situation and the


  Exit: ""

  Quit: ""


  WWW :

  Exit: ""
  Quit: ""

  WWW :
  Post: ""
  Exit: ""
  Quit: ""

  WWW :

  Post: ""

  Exit: ""

  Quit: ""


  WWW :

 -----Inline Attachment Follows-----

  Post: ""
  Exit: ""
  Quit: ""

  WWW :
 Post: ""
 Exit: ""
 Quit: ""

 WWW :

 Post: ""
 Exit: ""
 Quit: ""

 WWW :

 Post: ""
 Exit: ""
 Quit: ""

 WWW :

Post: ""
Exit: ""
Quit: ""

Commander John Philipose, VSM (Retd)

No comments:

Post a Comment