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Wednesday, May 16, 2012

Prashant Bhushan Exceeds His Brief

PIL seeks quashing of Andhra Pradesh high court judge’s appointment

Prashant Bhushan and Ram Jethmalani, two of India's most high profile lawyers are supporting a Public Interest Litigation by an advocate Manohar Reddy, seeking to quash the appointment of a Justice N V Ramana of the Andhra Pradesh High Court. The details of the allegation are in the news report.  

The allegation does not relate to any personal or professional misconduct of the judge while in office. 

However it does allege that the judge may have suppressed a material and mandated fact, that may have disqualified him to pursue a career in the judiciary. 

The report also makes it clear that while the judge may have suppressed the fact of having a minor criminal record in his application, the matter has been a subject of public negotiations for some time.

If true,  these allegations are serious. The independence of all our constitutional institutions are their life's breath and heart's blood. Our constitution comes alive in the aloof manner in which they examine, interrogate and abrade each other.

In order that they maintain their abrasive quality, they cannot hold any uncomfortable secrets. They cannot be potential targets for blackmail or seduction. They have to stay well inflated with their abrasive purpose throughout their service life.

So if Justice Ramana did withhold a 'dirty secret' and had become transparently beholden to the government to favour him with some rare kindness, I at least, will have no doubts that he has forfeited his place among his awesome, black robed brethren.

He is the proverbial rotten apple that must be quickly discarded, before he infects the rest of the basket with his disease.

And Shri Bhushan and his well funded NGO deserves the warm gratitude of all reasonable persons in society for having taken the time off from his no doubt grueling schedule of personal and private interests - does he have any ? to undertake the onerous task of ejecting a serving Indian judge from his high office.

But truth does not yield itself so easily.

If the truth was what a mystic messiah or a cabal of  high priests declared, then we would have no need for constitutions and laws, procedures and protocols, evidence and witnesses, black robes and sober miens, lawyers and litigants. 


We can dispense with books and libraries, teachers and schools, science and ethics and all the laboriously constructed appurtenances of the idea of humanity's evolution and difference and submit like our simian cousins to a place in the tribe. 



I have had a brush with Shri Prashanth Bhushan - an encounter which left me wondering whether this firebrand's legendary talent for sniffing out the public interest does not sometimes desert him.





When Prashant Bhushan's sense of public interest was found wanting


From the spring to winter of 2008, five judges of the Andhra Pradesh High Court including the Chief Justice made every effort to deny me due process and frustrate my pursuit of justice.

I have described this egregious misconduct of the Andhra Pradesh High Court in my email correspondence with the then Chief Justice Shri Anil Ramesh Dave, currently ensconced in the Supreme Court of India. Andhra Pradesh High Court's Pernicious Rebellion Against The Law

Shocked and dismayed by this brazen justice fixing conduct of the APHC, I decided to inform Shri Prashant Bhushan and seek his help. The following is the correspondence I had with Shri Bhushan. 





CJAR x
divakar snatarajan
8/28/09
to judicialreforms

Dear Shri Bhushan,

I was delighted to speak with you. Make no mistake, your invaluable endeavours are helping India stand up on its feet.It is rescuing India from slavery.

Welcome to:

Yet another “conspiracy in corruption”

Andhra Pradesh High Court’s Pernicious Rebellion Against The Law .05/29/09

RTI Act 2005 Abuse In Andhra Pradesh- SIC Cheats! Chief Secretary Lies!05/07/09

Prejudiced CIC Laps Up PMO Lies 05/05/09

Divakar S Natarajan and Varun Gandhi Cannot Both Be Wrong ! 01/28/09

And India’s editorial class will not report the story!

sathyagraha.blogspot.com

Divakar’s Sathyagraha News and views from Divakar S Natarajan’s, “no excuses”, ultra peaceful, non partisan, individual sathyagraha against corruption and for the idea of the rule of law in India.

Now in its 18th year.

Any struggle against a predatory authority is humanity's struggle to honour the gift of life.
divakar snatarajan

9/3/09
to judicialreforms

Dear Shri Bhushan,
Re: our teleconvo a couple of minutes ago.
sincerely,
divakar

Judicial Reforms .
9/3/09
to me

Dear Mr Divakar,
I work with Mr. Prashant Bhushan and am analysing your case as you make it out on the blog.
Could you please contact me urgently with regard to a few questions I have. or alternatively send me your telephone number.
Regards,
Cheryl D'souza (09958010850)


On Thu, Sep 3, 2009 at 4:24 PM, Prashant Bhushan <prashantbhush@gmail.com> wrote:

Dear Cheryl,
Just examine what is his complaint in his blog.
Warmly,
Prashant





On Thu, Sep 3, 2009 at 1:58 PM, Judicial Reforms . <judicialreforms@gmail.com> wrote:
Judicial Reforms .
9/7/09
to me
Dear Mr. Divakar,
On an examination of your complaints on your blog which you referred to us via email, it seems that they pertain largely to your RTI applications. Our organisation deals with issues of judicial accountability and reform specifically.
We would request you to please contact other organisations working on RTI issues. We will not be able further entertain any other emails/telephone calls from you in this regard.
Regards,
Prashant Bhushan

Kindly Distinguish Between Cause And Effect

CJAR x
divakar snatarajan

9/5/09
to judicialreforms

Dear Shri Bhushan,

Thank you for speaking with me a few moments ago.

I have to categorically reject Ms D'souza's "ridiculous and absurd" allegation that I have made "ridiculous and absurd" allegations.

My brief was completely validated by the independent opinion sought by the APHC Legal Service Committee and later scrutinised by a judge of the High Court who issued a notice to the State Information Commissioner and the GAD APGOV.

You certainly did not find me "absurd and ridiculous" when you took the trouble to have my claims investigated.

When I spoke to Ms D'souza she sounded harried and preoccupied and demanded that I send her another email with a "one page" summary.

I was upset by her careless demand and refused to oblige her. She then asked me to mail her some documents. I did.

You need to be a very special Indian to successfully wage the great struggle for judicial reform.

Somebody, as the extraordinary psychoanalyst Erich Fromm has characterised, with "a passion for justice, a passion for independence, a passion to serve the unfolding of life".

Ms D'souza has given me the impression that she is too preoccupied to be able to take even a baby step in the right direction.

Without having made any effort to even read my posts, she has like most ordinary people "projected" the "ridiculous and absurd" conduct of the authorities on the victim.

I am not ashamed to say that I am not supported by any ngo, political party or government.

For twenty years I have been unable to earn a living that I would consider honest.

If you read my blog you will know that this is not for want of trying.

As we speak, the "ridiculous, absurd and baseless" conduct unfortunately comes from your side.

I hope you will have the spirit to undo the damage.

Sincerely,

-
divakar

divakar snatarajan
9/7/09
to Judicial

Dear Shri Bhushan,

As I have made it clear, I have a very high regard for the work that you are attempting.

You may shut the door on me after perusing - personally if you can -

Andhra Pradesh High Court's Pernicious Rebellion Against The Law .http://sathyagraha.blogspot.com/2009/07/andhra-pradesh-high-courts-pernicious.html

Sincerely,
divakar


divakar snatarajan
9/10/09
to Judicial

Dear Shri Bhushan,

I am saddened that I have not heard from you after your confused but peremptory email.

You have been quick to cast huge aspersions without taking the trouble to explain them.

As a lawyer who has taken on the urgent and important task of reforming our judiciary, it is reasonable that you would at the very least explain your stand.

You have denied me that elementary courtesy.

You have told me that my experience does not fall within your charter.

I have demonstrated that your position is uninformed and baseless.

After the initial cordiality , your assistant and later you have conducted yourself most irrationally.

To err is human.

For a person with your credentials and experience, to persist in error, without any consideration for the recipient of your wrath, is most unexpectedly unfortunate, not just for you or me , but for the larger cause of fair and civil relationships in society.

I continue to hope that you will be able to find the resources to explain yourself or to rectify your error.

Sincerely,
divakar


The correspondence shows that after the initial cordiality, Shri Bhushan's sense of public interest appears to have deserted him and he decided to turn the proverbial Nelson's eye to this breathtaking sycophancy of the Andhra Pradesh High Court.


Shri Ram Jethmalani is famous for his passionate advocacy of the right of an accused to a fair trail. This is a basic principal of the judicial process, but it has to be reiterated time and again, because of an unfortunately well founded belief among the Indian people that high principles are invoked in favour of the rich and powerful, almost never for the common citizen. 


The revered Shri Soli Sorabji went up and down the country arguing the principle of bail not jail
for Kanimozhi MP and daughter of the powerful DMK patriarch M Karunanidhi. 


This is all Shri Sorabji had for me:



divakar snatarajan
6/13/11
to solisorabjee
Shri Soli Sorabjee,
New Delhi


Respected Shri Sorabjee,

I am writing to bring your kind attention to, what appears to me, to be an instance of the most egregious misconduct by the Hon'ble Judges of the Andhra Pradesh High Court.

I have described this in detail in my petition to the then Chief Justice - Andhra Pradesh High Court's Pernicious Rebellion Against The Law

Since then I have had to petition The President Of India (04-08-2009)


who has forwarded my complaint to the Ministry of Law & Justice,(President Secretariat vide their letter, No P1-D/12742 dated 17.09.2009) 


who has requested the Registrar General APHC (No L15012/9/2010-Jus Dtd 13th December2010)  to "look into the grievance appropriately" and "the applicant could be informed about the action taken in the matter at an early date".



Registrar General APHC has not responded.

I have since emailed twice to Shri V Moily, in a blunt style, and spoken several times to his office, but have not received a response.

In between, (June 10, 2010) I had also emailed the current Chief Justice Hon'ble Shri Nisar Ahmed Kakru - Restore The Honour Of The Andhra Pradesh High Court - but he too has not responded.

Sir, as a doyen of the Indian Judicial system, I have no doubt that you will be concerned about this severe institutional infirmity and crushing burden of injustice that it has put on me. 

I shall be deeply grateful, if you could kindly help me proceed on this matter.

With my deepest regards, I am,

Yours Sincerely,  

divakar s natarajan

109,Mount Santoshi Apartments,
Mayuri Marg, Begumpet,
Hyderabad 500 016

Cell:09247 58 48 77
divakar snatarajan
7/13/11
to Soli
Shri KNR Nair,
Secy. To Soli Sorabjee,

Dear Shri Nair,

Immediate to our tele conversation.

Sincerely,
Divakar
Soli J Sorabjee solisorabjee@gmail.com
7/13/11
to me
Dear Divakar Natarajan:

I am sorry to know about your woes and troubles but frankly I do not know as a senior counsel in the Supreme Court I could help you “proceed on this matter”. I suggest you consult a senior counsel in Hyderabad who after going through all the papers and documents would be able to give you proper advice.

Regards
Soli Sorabjee


From: divakar snatarajan [mailto:divakarsnatarajan@gmail.com]
Sent: 13 July 2011 16:44
To: Soli J. Sorabjee
Subject: Fwd: Curial Delinquency


Sad. Isn't it ?


Elementary point and surely it won't be news to our legal colossi. 


A principle of justice rules only when applied universally. 


Applied selectively and only to those who have the money or the power to afford it becomes a pathetic object of the most depraved form of commerce.


A lofty principle of justice becomes a high priced whore.


And that is the reason I am surprised that our revered eminences of the law, have missed the extraordinary opportunity that my case offers them to demonstrate their true professional worth and dedication to lofty principles and the Indian judiciary.

1 comment:

Kay said...

Great post! Completely agree. Especially love the line "from his no doubt grueling schedule of personal and private interests - does he have any ?"

Eagerly awaiting the next post!