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Showing posts with label lawyers. Show all posts
Showing posts with label lawyers. Show all posts

Tuesday, May 22, 2012

Prashant Bhushan And The Tail Of The Tiger

In the autumn of 2009, Prashant Bhushan, revealed to Tehelka ("sensation") magazine that ‘Half Of The Last 16 Chief Justices Were Corrupt’ 

Prashant Bhushan has also gone to some lengths to explain why he considered the current Chief Justice Kapadia's conduct in the Vedanta case to be "morally unsound or debased."


All this is sensational beyond description. 

Had Prashant Bhushan seized a tiger - or was it eight or nine tigers - by its tail ? 

Obviously the Supreme Court could not let this pass, so it launched contempt proceedings against this "turbulent priest".

Now the father Shanthi Bhushan, former Law Minister of India, stormed in to aid his son.

Fuel to the fire - what would the Supreme Court do ?

Very little. 

The Bhushans had compiled a secret sealed envelope and jammed it in the craw of the gasping Indian judiciary.

And evidently, the Supreme Court of India can neither, as the old Tamil saying goes, chew it up nor swallow it. 

There was a moment of bathos, when the court helpfully suggested that Bhushan apologise and "close the chapter on the contempt proceedings"

The Bhushans roared back. They were willing to go to jail but would not apologise.

Prashant Bhushan had not provoked a sleeping tiger by pulling on its tail. 

Rather this canny Delhiwalla, with the wisdom of three generations of proximity to the ways of the decadent embedded in his genes, appears to have grabbed the mangy Indian judiciary by its throat. 

A Godsend for the Indian Press.  A Tehelka in spades.

But the Indian Press, that can be safely predicted only to erupt in regular spouts of self congratulatory clamour, has stayed mute.

There have been no further disclosures. No leaks. No hidden camera stunts.

Close to three years have passed and the litigation meanders on.

But the Bhushans, father and prominent son, have gone on from strength to strength.

Prashant Bhushan does very well on television. 

I myself have found his careful, systematic articulation, his dogged pursuit of every detail , his stubborn resistance to authoritarian airbrushing very attractive. 

Was a time, when watching Prashant Bhushan on television, surrounded and responding doggedly to the suave officers of the Indian state, I have felt our blood pressures rise and fall in synch. 

Indian television has made Prashant Bhushan a most powerful Indian.

Consider this: There are 782 members of parliament. 

But the number of lawyers whose names regularly figures in the media can be counted with the fingers and toes.

And among this rare species of Indian, the Bhushans are among the most favoured.

Such is the formidable, almost unique dominance of the Bhushans, especially Prashant on the grungy contemporary judicial landscape of India.

This dominance has been questioned. 

First came a mysterious CD. Clumsy paste up job ? We will never know. 

But to Vineet Narain, hero of the Havala scam, who bravely took on the might of not one but two of the most mighty legal grandees of India,  the CD seemed credible

 He said,  “I am not surprised by the content of the CD because I have burnt my fingers with the Bhushans during my Jain Hawala crusade...controversy and suspicion had arisen even earlier on the Bhushans...after initially helping me in drafting the petition (of Jain Hawala case), Ram Jethmalani and subsequently, his associates, the Bhushans, made several attempts to sabotage the biggest crusade against corruption and finally derailed the case.”

I am inclined to believe Shri Narain.

But not everybody does. 

According to Tehelka - Advocate Kamini Jaiswal says that Narain was “a dirty blackmailer, who’d filed ugly petitions and circulated in his paper Kal Chakra that a particular judge was a homosexual.”

Then there was the conflict of interest case, when Bhushan Senior was alleged to have been favoured by the then Chief Minister of Uttar Pradesh Mayawati, even as he was litigating for the public interest against her alleged excesses. 

Once again there was some hot air on television: 




\   


This allegation too has been given "the quietus"  . 

Tehelka apologised; 

Even Mrs Sonia Gandhi conveyed her disapproval .


It was a rare chorus of indignation in favour of the Bhushans in a country in which activists using their Right To Information get swatted down like flies. 







and are carefully dishonoured afterwards.



Where honest officials get burnt alive.


Time


and again


Where journalists and their families are murdered,



and then forgotten.




Finally there was a case of  massive tax evasion by Bhushan Senior. 

Unlike the other two, this was a case in which no other VIPs were involved.

And in this case, the allegation stuck.


Hammers to a fly. Why ?

The Indian judiciary has been brazen in its extraordinary indulgence of  Chief Justice Dinakaran. 

The tortuous curial pussyfooting on the grave allegations against Ex Chief Justice of Supreme Court and current Chairman of the National Human Rights Commission K G Balakrishnan is a running sore and a grave embarrassment. 

So why is this scion of The House Of The Bhushans Of New Delhi, allying himself with another legal blunderbuss, Ram Jethmalani to, for all practical purposes, harass and stymy the career of a high court judge whose alleged misdemeanor appears innocuous, almost innocent, in comparison with the monstrous misdeeds  alleged and otherwise of his peers and superiors in the Indian judiciary ?

Why is Prashant Bhushan who flaked out of taking on the entire Andhra Pradesh High Court on its egregious misconduct against a single, unsupported citizen who had been stripped of the best years of his life for standing up for the idea of the rule of law in India, now going after a judge who even if for a brief moment and half-heartedly, lit a little light in that case ?

Is their action in the public interest ?

Is it motivated by the zeal to cleanse a diseased Andhra Pradesh High Court and restore it to a semblance of credibility ? 

Neither Bhushan nor Jethmalani can make any lofty claims. 

The Bhushans appear to have made a compelling argument that Chief Justice Kapadia or a "Amicus Curiae" Harish Salve can be accused of being  "morally unsound or debased." .

The Bhushans do not appear any less prone to abuse the judiciary to aggrandise themselves. 

Given their expedient torpor on the occasion when their considerable talents and individual consciences were more urgently required, it is fair to infer that the Bhushans are mere adventurers. 

They are mere pirates with a training in the law, backed by their ill gotten wealth and a dotty Delhi centric media, who are scavenging on India's irretrievably compromised and crumbling political establishment.

Sad. 

If there are any clean hands in India's decrepit, delinquent and depraved judiciary, they do not appear clearly visible to the naked eye.












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.



Thursday, July 30, 2009

India's Judiciary - Derelict, Delinquent And Dangerous

Title India: Independence of and corruption within the judicial system (2007 - April 2009)
Publisher Immigration and Refugee Board of Canada
Country India
Publication Date 23 April 2009
Citation / Document Symbol IND103122.E
Cite as Immigration and Refugee Board of Canada, India: Independence of and corruption within the judicial system (2007 - April 2009), 23 April 2009, IND103122.E, available at: http://www.unhcr.org/refworld/docid/4a7040ab23.html [accessed 30 July 2009]
Immigration and Refugee Board of Canada - Logo
India: Independence of and corruption within the judicial system (2007 - April 2009)

Transparency International (TI) provides the following summary of India's judicial system:

India's court system consists of a Supreme Court, high courts at state level and subordinate courts at district and local level. The Supreme Court comprises a Chief Justice and no more than 25 other judges appointed by the president. The Supreme Court has a special advisory role on topics that the president may specifically refer to it. High courts have power over lower courts within their respective states, including posting, promotion and other administrative functions. Judges of the Supreme Court and the high court cannot be removed from office except by a process of impeachment in parliament. Decisions in all courts can be appealed to a higher judicial authority up to the Supreme Court level. (2007, 215)

Article 50 of the Constitution of India provides for the independence of the judiciary, stating that "[t]he State shall take steps to separate the judiciary from the executive in the public services of the State" (India 1 Dec. 2007, Art. 50).

Article 124 of India's Constitution states the following in regard to appointment, tenure and impeachment:

(2) [e]very judge of the Supreme Court shall be appointed by the President ... after consultation with such of the Judges of the Supreme Court and of the High Courts in the States as the President deems necessary for the purpose and shall hold office until he attains the age of sixty-five years.

...

(4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity. (ibid., Art. 124 (2) and (4))

As of April 2009, no instances of impeachment have been reported; there was an attempt to impeach Supreme Court Justice V. Ramaswami in 1991 for "misuse of office," but the motion did not pass in the Lok Sabha (the lower house of parliament) (DNA 21 Feb. 2009; The Times of India 9 Sept. 2008). According to a 17 March 2009 Times of India article, a "chargesheet " detailing accusations against High Court Justice Soumitra Sen, as well as his defence, has been prepared by a panel of judges, which will enable members of parliament to debate a motion to impeach him. Justice Sen of the Calcutta High Court was found guilty of misappropriating "sale proceeds" when he was an advocate in the 1990s, although he later repaid the money at the request of the High Court (The Times of India 17 Mar. 2009; India Today 9 Sept. 2008). According to India Today, Sen was found guilty of "misconduct," but was subsequently elevated to the High Court in 2003, while still in possession of the money (9 Sept. 2008).

In 1993, nine judges of the Supreme Court developed a new system for the appointment of judges to the high courts (CJAR 12 Oct. 2007; see also The Hindu 19 Feb. 2009). This system established a "collegium" of senior judges of the Supreme Court to select candidates and make recommendations to the government regarding appointments (CJAR 12 Oct. 2007; The Hindu 19 Feb. 2009).

According to Shanti Bhushan, a former law minister in India writing on behalf of the Campaign for Judicial Accountability and Judicial Reform (CJAR), an organization whose objective is to apply "grassroots pressure" on the implementation of judicial reform in India (n.d.a.), the recommendations of the collegium were "binding" on the government (CJAR 12 Oct. 2007). The government could "return the recommendation [of the collegium] once, but subsequently if it was unanimously reiterated by the collegium, it would have to be implemented" (ibid. 12 Oct. 2007). Shanti Bhushan further states that this system was developed in order to protect the independence of the judiciary, but he also indicates that the system's "performance has been disappointing," because it has not been transparent (ibid.). According to a 19 February 2009 article in The Hindu, the collegium's "selection process is kept secret from the Bar, the legislature and the people." The Asian Legal Resource Centre (ALRC) similarly states that the selection process for judges of the higher judiciary is "non-transparent," additionally stating that "all attempts to make the process transparent have been resisted by the judiciary thus far" (25 Sept. 2007).

According to the World Bank, "[a]lthough India's courts are notoriously inefficient, they at least comprise a functioning independent judiciary" (World Bank n.d.). The World Bank also indicates that in many states corruption investigations have "increased significantly" (n.d.). However, TI states that despite constitutional provisions for the independence and accountability of the judiciary in India, "corruption is increasingly apparent" (2007, 215).

As evidence of corruption, TI cites a high-profile case, wherein 9 people, including a politician's son, were acquitted of their alleged involvement in the murder of Jessica Lal (2007, 215). However, following extensive media exposure, the case was reopened and the son of a senior Haryana Congress leader was convicted of the murder, while two others were convicted of conspiracy and destruction of evidence (Rediff.com 18 Dec. 2006).

Though TI indicates that the upper judiciary "is relatively clean," it states that "[i]n the broader justice institutions corruption is systemic" (2007, 215). Specifically, TI indicates that "[t]here is a high level of discretion in the processing of paperwork during a trial and multiple points when court clerks, prosecutors and police investigators can misuse their power without discovery" (2007, 215). TI additionally indicates that corruption is often caused by case delays and judge shortages, explaining that civilians "seek shortcuts through bribery, favours, hospitality or gifts" (2007, 215-216).

In a 1 April 2009 telephone interview, the South Asia Desk Program Officer of the Asian Human Rights Commission (AHRC), who is a lawyer from India, stated that if we are to consider corruption not in strictly financial terms, but also in terms of favours to family members, for instance, then "an alarming number of justices are corrupt" in India. The AHRC Program Officer also stated that "it is possible for justices in India to be bribed, to falsely accuse someone or to falsely acquit someone" (1 Apr. 2009). According to a statement issued by the ALRC, a former Chief Justice of India, Justice S.P. Bharucha, suggested "that about 20 percent of the judiciary in India is corrupt," while a High Court judge suggested that the number was closer to 33 percent (25 Sept. 2007).

In regard to case backlogs, TI provides the following numbers as of February 2006: "33,635 cases were pending in the Supreme Court with 26 judges; 3,341,040 cases in the high courts with 670 judges; and 25,306,458 cases in the 13,204 subordinate courts" (2007, 215). TI specifically refers to India when stating that "lengthy adjournments force people to pay bribes to speed up their cases" (2007, xxiv). A 25 January 2008 Indo-Asian News Service article states that the Supreme Court had 222 cases pending decisions 6 months or more after their last hearing. The article indicates that the Civil Procedure Code does not have provisions for time limits between the hearings and the decisions (Indo-Asian News Service 25 Jan. 2008). The article also indicates that information on the delayed 222 cases was attained by a lawyer through the Right to Information Act (RTI) of 2005 (ibid.).

Citing a United Nations Development Programme (UNDP) report, Global Integrity indicates that, in India, "initiatives like Right to Information (RTI) and e-governance, [as well as] computerization of judicial records for clearing [the] massive backlog of legal cases in courts ... have been instrumental in curbing corruption in the country" (2008). However, Prashant Bhushan, a Supreme Court lawyer and member of the CJAR, alleges that the judiciary is "seeking to effectively remove itself from the purview of the Right to Information Act," using the independence of the judiciary as its justification (CJAR n.d.b).

According to Asian News International, in May 2008, the Supreme Court dismissed a petition that sought to have the assets of judges, including the Chief Justice of India, disclosed under the provisions of the RTI (15 May 2008). The article reports that the People's Union for Civil Liberties (PUCL) filed the petition arguing that the Chief Justice could not withhold asset information "on the mere ground that judges [are] Constitutional authorities" (Asian News International 15 May 2008). However, in January 2009, The Times of India reported that the Central Information Commission rejected the argument that the Chief Justice was exempt from the RTI, ordering the Chief Justice to disclose whether its judges were filing declarations of their assets, as per a 1997 resolution (8 Jan. 2009).

According to The Times of India, in September 2008, 34 sitting judges were accused of being involved in embezzlement within the Ghaziabad court system (10 Sept. 2008). Of those identified, one is a Supreme Court judge, 10 are high court judges and 23 are lower court judges (The Times of India 10 Sept. 2008; see also Thaindian News 23 Sept. 2008). Thaindian News reports that in September 2008 the Supreme Court gave its approval for the Central Bureau of Investigation to inquire into the allegations (23 Sept. 2008). An April 2009 Hindustan Times article indicates that the investigation is ongoing, stating that the Supreme Court asked for the case to be moved from a court in Ghaziabad to Delhi, due to "practical difficulties in conducting the probe" (1 Apr. 2009).

Another corruption accusation involves a former Chief Justice of India, YK Sabharwal; Sabharwal has been accused of making case decisions that furthered the business interests of his sons (Hindustan Times 9 June 2008; ALRC 25 Sept. 2007). A 9 June 2008 Hindustan Times article indicates that the Central Vigilance Commission (CVC) forwarded the complaints against Sabharwal, made by CJAR members, to the Ministry of Law and Justice for further action. No further information regarding the investigation of Sabharwal could be found among the sources consulted by the Research Directorate.

Attention to Sabharwal's case decisions were first given media exposure by Mumbai-based Mid Day newspaper staff, who published information indicating that Sabharwal's sons gained "material benefits out of their father's position in the Indian judiciary" (ALRC 25 Sept. 2007; CJAR 13 Oct. 2007). The editor, the resident editor, the publisher and the cartoonist of Mid Day were convicted of "contempt of court" (ALRC 25 Sept. 2007; CJAR 13 Oct. 2007). The four journalists were sentenced to four months imprisonment (Rediff.com 21 Sept. 2007; Mid Day 28 Nov. 2007). According to a 28 November 2007 Mid Day article, the Supreme Court stayed the prison sentence and the case was scheduled for a hearing on 16 January 2008. No further information on the case proceedings could be found among the sources consulted by the Research Directorate.

In October 2008, the Union Cabinet announced that it would introduce the Judges Inquiry Amendment Bill 2008 in parliament (Thaindian News 8 Oct. 2008; Indo-Asian News Service 8 Oct. 2008). A 20 December 2008 article in The Statesman reports that "increasing charges of corruption against the judiciary" precipitated the need to amend the Judges Inquiry Act of 1968. Sources indicate that the Bill carries provisions for a National Judicial Council that would function to investigate allegations of corruption and misconduct of judges from the higher judiciary (Indo-Asian News Service 8 Oct. 2008; The Statesman 20 Dec. 2008; Thaindian News 8 Oct. 2008). According to a document entitled "Bills Passed During 2007-2009" published by PRS Legislative Research, a research initiative that publishes legislative briefs on Bills in India (n.d.a.), the Judges Inquiry Amendment Bill 2008 had not been passed as of February 2009 (n.d.b.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Asian Human Rights Commission (AHRC), Hong Kong. 1 April 2009. Telephone interview with South Asia Desk Program Officer.

Asian Legal Resource Centre (ALRC). 25 September 2007. "India: Indian Judiciary's Contempt for Accountability and Scrutiny is a Shame." [Accessed 1 Apr. 2009]

Asian News International. 15 May 2008. "Supreme Court Dismisses Petition Demanding Judge's Assets Disclosure." (Factiva)

Campaign for Judicial Accountability and Judicial Reform (CJAR). 13 October 2007. Prashant Bhushan. "Securing Judicial Accountability – Freedom of Speech vs. Contempt: Towards an Independent Judicial Commission." [Accessed 15 Apr. 2009]
_____. 12 October 2007. Shanti Bhushan. "Clean Up the Judiciary." [Accessed 15 Apr. 2009]
_____. N.d.a. "About Us." [Accessed 15 Apr. 2009]
_____. N.d.b. Prashant Bhushan. "Judicial Accountability or Illusion: The National Judicial Council Bill." [Accessed 15 Apr. 2009]

Daily News and Analysis (DNA) [Mumbai]. 21 February 2009. Rajesh Sinha and Rakesh Bhatnagar. "MPs Seek to Impeach Judge." [Accessed 17 Apr. 2009]

Global Integrity. 2008. "India: Corruption Timeline." [Accessed 3 Apr. 2009]

The Hindu [New Delhi]. 19 February 2009. V.R. Krishna Iyer. "Needed, Transparency and Accountability." (Factiva)

Hindustan Times [New Delhi]. 1 April 2009. "SC to Consider Transfer of UP PF Scam Case from Ghaziabad." [Accessed 16 Apr. 2009]
_____. 9 June 2008. Nagendar Sharma. "Ex-chief Justice Under Corruption Panel Scanner." [Accessed 16 Apr. 2009]

India. 1 December 2007. Ministry of Law and Justice. The Constitution of India. [Accessed 9 Apr. 2009]

India Today [Mumbai]. 9 September 2008. Elora Sen. "Justice Soumitra Sen Case Stuns Judicial Fraternity." [Accessed 16 Apr. 2009]

Indo-Asian News Service. 8 October 2008. Arun Kumar and Manish Chand. "Bill for Probe Panel Against Errant Judges Cleared." (Factiva)
_____. 25 January 2008. "Justice Delayed: 222 Cases Await Supreme Court Verdict." (Factiva)

Mid Day [Mumbai]. 28 November 2007. "MPs Cutting Across Party Lines Demand Inquiry Against the Former Chief Justice of India and Defend Mid Day Journalists Sentenced to Jail for Exposing the Nexus Between the Judge's Sons and Mall Builders." [Accessed 15 Apr. 2009]

PRS Legislative Research. N.d.a. "About PRS." [Accessed 16 Apr. 2009]
_____. N.d.b. "Bills Passed During 2007-2009." [Accessed 16 Apr. 2009]

Rediff.com. 21 September 2007. Onkar Singh. "Mid Day Journalists Sentenced to 4 Months in Contempt Case." [Accessed 16 Apr. 2009]
_____. 18 December 2006. Onkar Singh. "Jessica Lal Case: Manu Sharma Convicted." [Accessed 16 Apr. 2009]

The Statesman [New Delhi]. 20 December 2008. "The Statesman (India): Special Article." (Factiva)

Thaindian News. 8 October 2008. "Government to Introduce Judges Inquiry Amendment Bill 2008." [Accessed 16 Apr. 2009]
_____. 23 September 2008. "Supreme Court Approves for CBI Probe into Ghaziabad PF Scam." [Accessed 16 Apr. 2009]

The Times of India [New Delhi]. 17 March 2009. Dhananjay Mahapatra. "Panel to Pave Way for Justice Sen's Ouster." [Accessed 17 Apr. 2009]
_____. 8 January 2009. Manoj Mitta. "CJI not Exempt from RTI Purview, CIC Tells SC." (Factiva).
_____. 10 September 2008. Dhananjay Mahapatra. "UP Cops Want CBI Probe Against 34 Judges." [Accessed 15 Apr. 2009]
_____. 9 September 2008. "Kolkata Judge's Case Adds to Judiciary Woes." [Accessed 17 Apr. 2009]

Transparency International (TI). 2007. Global Corruption Report 2007: Corruption in Judicial Systems. [Accessed 9 Apr. 2009]

World Bank. N.d. "Governance in India." [Accessed 15 Apr. 2009]

Additional Sources Consulted

Oral sources, including: The International Commission of Jurists, Global Integrity, National Human Rights Commission (NHRC), Combat Law, People's Union for Civil Liberties (PUCL), Cyrus R. Vance Center for International Justice Initiatives, Hindustan Times, a Professor at the National Law University of Delhi, and a Professor at the University of Michigan did not provide information within the time constraints of this Response.

Internet sites, including: American Bar Association, Asia Times, Combat Law, The Economist, European Country of Origin Information Network (ecoi.net), Far Eastern Economic Review, Global Integrity, Human Rights First, IndLaw.com, Ministry of Law and Justice – India, National Human Rights Commission (NHRC), Office of the UN High Commissioner for Human Rights (OHCHR), People's Union for Civil Liberties (PUCL), Supreme Court of India, United Nations (UN) Development Programme, UN Integrated Regional Information Networks (IRIN), UN Office on Drugs and Crime.

Topics: Corruption, Independence of judiciary,

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

Wednesday, July 29, 2009

Andhra Pradesh High Court's Pernicious Rebellion Against The Law .

from divakar snatarajan
to cjap@ap.nic.in
date Wed, Dec 10, 2008 at 7:28 PM
subject Serious Apprehensions Regarding The Judicial Conduct Of Hon’ble Judge Shri VVS Rao in WP 20182
mailed-by gmail.com



The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. December 10, 2008



Serious Apprehensions Regarding The Judicial Conduct of Hon'ble Judge Shri VVS Rao in WP 20182


Your Honour,

I have been constrained to conclude for the following reasons, that the Hon'ble Judge Shri VVS Rao is conducting this hearing for the admission of my mandamus writ petition, in a frivolous and vexatious manner and with a transparent intention to trivialise, humiliate and defeat me and minimise the onus of the all powerful respondents:

1. Despite repeated requests and mention that I have had to struggle with the Andhra Pradesh High Court Legal Services Committee since a year, the Hon'ble Judge has not made any visible effort to provide me with sound legal counsel. This lapse, in a case as serious as this, is similar to the intriguing insanity of repeatedly sending ill equipped persons into harm's way.

2. The Hon'ble Judge has not taken any notice of the contempt that till date, the State Information Commission has not issued a counter. The SIC's counsel has not even appeared in court.

3. The Hon'ble Judge has gratuitously and reflexively taken every opportunity to jeer and ridicule me in my deprived and defenseless state while remaining mute on the grave infractions committed by the all powerful respondents and by others.

4. After my presentation of the decisive evidence ordered by the Hon'ble Judge, he has granted the respondents an untimely, abrupt and lavish adjournment and since then appears to have lost his initial enthusiasm to conduct the hearing.

Your Honour, I plead with you to kindly help me with a legal counsel, with the necessary intellectual, psychological and professional maturity, to productively partner me in the successful conduct of this important case.

I request you to kindly ensure that the relevant affidavits are meticulously mastered and cases are heard properly by an unimpeachable legal authority, without any dilatoriness, obfuscation or other appearance of bias.

I also request you to take any other actions that you may think fit to compensate me for the delays I have suffered and to restore my confidence in the judicial conduct of the Andhra Pradesh High Court.

Sincerely, I am

Divakar S Natarajan

Attachments:

1. Detailed account of "Serious apprehensions..." 2. "Compelling Criminality" – a bare account of Divakar's individual sathyagraha against corruption




The Chief Justice of the High Court of Andhra Pradesh,

Hon’ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad November 23, 2008



Re:

STATUS OF: WP 20182 of 2008

STAGE: ADMISSION (GAD) DIVAKAR S. NATARAJAN, HYD V/S STATE INFORMATION COMMISSIONER, HYD & 2 OTHERS

Pet.Advocate: PARTY-IN-PERSON

Res.Advocate: GP FOR GENERAL ADMINISTRATION

SR-Number: / District: HYDERABAD Lower Court Number: Subject: GENERAL ADMINISTRTION DEPT. (MISC.MATTERS)

Last Time Listed On: 21-Nov-2008

Next Date Of Listing: 05-Dec-2008 Misc. Petitions filed: WPMP 26356/2008 Connected Matters:na



Sub: Serious Apprehensions Regarding The Conduct Of WP 20182 of 2008



Your Honour,

On February 20, 2008 I had appealed for the services of the Andhra Pradesh High Court Legal Services Committee through an exhaustively documented and comprehensively descriptive application.

My application documented serious illegalities and maladministration by the State Information Commissioner and the Chief Secretary, Government Of Andhra Pradesh.

It appears that after approximately one month of my application, on 12 March 2008, the Committee sought independent legal opinion from its counsel on the matter. Approximately forty days later, on 25 April, 2008, the advocate advanced his opinions in favour.

Following the receipt of the favourable legal opinion, the Committee then commenced its search for a counsel to represent me.

According to the Secretary, the search was conducted among fledgling lawyers who were looking to augment their nascent practices by performing routine legal chores for the Committee.

They were all shown my papers and one after another they all refused. The Secretary then proceeded to inform me that the Chairman had asked him to inform me that he believed that the Committee had done its best for me and it could do no further.

When I requested him to kindly fix an appointment for me to appeal to the Chairman, he informed me that the Chairman did not wish to meet me or hear my appeal.

Memorably he said, “You cannot argue with a judge”.

I did not give up and immediately called the Hon’ble Judge’s chamber to seek an appointment. I was lucky and the Hon’ble Judge himself picked up the phone and kindly gave me an appointment that very afternoon. He heard me patiently, enquired from me as to why I could not appear as party in person, and when I demurred that I had no knowledge either of all the legal ramifications of my situation nor any experience of judicial procedure or my rights in a court room, he instructed the Secretary to file the papers and recommence the search.

It was decided that the same lawyer who had offered his opinion would be requested to prepare the papers. The papers were prepared by July.

After several false starts– queried and returned by Registry for being filed as a CLP, necessitating another meeting with the Chairman – missing documents – incomplete index etc – the Secretary had entrusted the job to the junior most clerk - they were finally filed on 22nd August 2008.

I have repeatedly informed the hon’ble judges that all the relevant papers may not have been filed.

However, no legal counsel had been appointed yet. This lapse, in a case as serious as this one, is similar to the intriguing insanity of repeatedly sending ill equipped persons into harm’s way.

The case was posted before the Hon’ble Justice N V Ramana and the Secretary whispered into the ears of the hon’ble judge and sought two adjournments.

When the Committee appeared to have finally found a lawyer, she unfortunately took strong exception to my unwillingness to blindly sign the vakalatnama without meeting her.

Memorably she said,” You cannot ask any questions if you come to Legal Services. If you want to ask questions, engage your own lawyer. “

Now the hon’ble judge kindly summoned a senior advocate to his chamber - I was not present - and later instructed me to meet him.

I spent two hours to pick up the papers from the Committee and met him punctually at his residence at the appointed minute.

This lawyer, had not properly informed himself of the facts of my case, but attempted to interrogate me about what my intentions were with my litigation.

This was curious considering that he had not made any assurance that he was accepting my case.

This man finally informed me that he was appearing in a major case the following day and instructed me to present myself before the hon’ble judge and request yet another adjournment.

I had to travel all the way from Begumpet to the High Court just to perform a menial chore and ask for yet another adjournment.

Two days later, when I called this lawyer, he instructed me to ask for another fortnight’s adjournment. When I started to demur, he flatly informed me that he would not accept my case. He did not give me any reasons.

In the meanwhile, the hon’ble judge had perused my affidavits and had issued a fortnight’s notice to the respondents.

When I appeared at his court a fortnight later, the respondents had not prepared their counter.

The hon’ble judge expressed his displeasure, warned that he may have to personally summon the respondents to the court, and gave them another ten days.

When I appeared ten days later, I had to do a lot of running around before I finally discovered that the hon’ble judge VVS Rao would now hear the case.


Hon’ble Judge Shri VVS Rao hears the case:


During the very first hearing, I was perplexed by the hon’ble judge’s apparent lack of preparedness and his unfortunate reflex of making cruel remarks .


The Hon’ble Judge opened by asking me to introduce myself. “Mass communicator? What is that?” I then proceeded to talk about my documentary and gave a sketchy account of what I call my sathyagraha.

Given that my affidavit contained a reasonable account of my work and ordeal, I had to wonder whether the hon’ble judge had chosen to make a spectacle and had sought to belittle me in some fashion.

Later I informed the hon’ble judge that I was severely handicapped because I had not received my constitutional right for competent, independent legal

counsel. “But why cannot you represent yourself?” enquired the Hon’ble judge, “You appear to present yourself quite well.”

I respectfully informed the hon’ble judge, that it was not just a simple matter of presenting myself before a judge.

I informed him that till date I did not have any competent independent legal opinion of the issues and opportunities in my case.

Even as a layman, I was not satisfied with the papers that were filed. I did not know what my courtroom rights were.

“I am aware of my limitations,” I informed the hon’ble judge, “This is a serious litigation and I feel myself to be severely handicapped by a lack of proper counsel and representation.”

“I like to think of myself as an ethical person, but I am not familiar with the processes of the judicial system.”

To my disappointment, the hon’ble judge responded with a comment that was as alarming for its pedestrian, uninsightful nature as it was for its cruel and disparaging spirit.

“Oh!” exclaimed the judge,”Ethical! But no money!”

This was nothing short of a gratuitous verbal slap on my face, but I retained my composure and open mindedness to be able to respond, “True Sir, but my devotion to ethics seems to be perversely validated by the global financial tsunami.”

The hon’ble judge did not respond.

There have been three hearings held on consecutive days since, but during every hearing I have had to raise my voice and counter the hon’ble judge, “Your honour. With due respect you do not appear to be familiar with my affidavits and papers. You appear to be confused.”

My serious request for counsel had been brushed aside.

The respondents’ lawyers were never questioned and during this continuing one sided spectacle, the hon’ble judge was observably too preoccupied with his inquisition to offer me even the plain courtesy of a podium to place my papers.

It was only on the third day, the penultimate day of this four day chunk that the hon’ble judge permitted himself to reveal some grasp of my affidavits.

Given that the nub of the Chief Secretary’s counter is the prima facie absurd assertion that there are no documents to support my claim that the former Chief Minister had made repeated representations to the Former Information & Broadcasting Ministers on my behalf, and my assertion that copies were physically presented to the former CS, presented again in the form of a completely documented CD and also emailed by me to the former Chief Secretary and that these documents appeared to have been wantonly destroyed or lost to justify the administration’s negligence – the hon’ble judge now asked me whether I could produce copies of the emails that I had claimed to have sent to the former Chief Secretary.

I affirmed that I could and informed the hon’ble court that I had indeed forwarded them to the Secretary, Legal Services, the hon’ble judge directed me to produce them in court on the following day.

On the following day I forwarded the same to the hon’ble judge’s email address and informed his office accordingly. The hon’ble judge’s personal secretary then informed me that the hon’ble judge had kindly advised me to present them in a sealed envelope to the Registrar’s office to be forwarded to the court.

I briefed the Secretary, Legal services accordingly but noticed that all that the Secretary had done was put a single copy in a plain envelope, staple it and present the same through his attender to the hon’ble judge’s clerk in the court.

While I was horrified by this willful abuse of procedure and the hon’ble judge grimaced as he received the envelope I noticed that he did not utter a single,reprimanding word.

He scrutinized it and passed it on to the opposing counsel and asked them to make copies for themselves and also present a copy to me.

It does not appear as if this crucial evidence has yet been registered.

Then to my complete surprise, the hon’ble judge chose to adjourn the matter for another fifteen days. He did not ask whether I had any objections.

I believe the hon’ble judge’s adjournment was untimely, abrupt and amounted to a lavish gift to the all powerful respondents at my cost.

The hon’ble judge’s 15 day adjournment was untimely because my emails- including copies of the former CM’s letters, knocked the base out of the respondents’ flimsy assertions.

It categorically proved the falsity of their affidavits and demonstrated that I had done everything I humanly could and that they had abused an already stretched judicial process by willfully provoking my litigation.

To offer them a long adjournment at this point was untimely.

The hon’ble judge’s 15 day adjournment was abrupt. Why a sudden 15 day adjournment after having continuously heard the case for four days?

The hon’ble judge’s 15 day adjournment amounted to a lavish gift to the all powerful respondents at my cost.

If the hon’ble judge had asked me I would have brought to his attention the fact that the respondents had been given ample time to present their counter. The previous judge hearing the case had first given them a fortnight’s notice and then a further ten days.

There can be no question that the hon’ble judge’s 15 day adjournment had the unfortunate appearance of largesse to the all powerful respondents at my cost.

Finally, I have noted with concern, that the case against the State Information Commissioner has till date not been countered by their counsel. Indeed it does not appear that their counsel has even made an appearance in the court.

The hon’ble judge has not yet indicated that he has noticed this casual and contemptuous behaviour of the State Information Commissioner.

Your Honour, for the above reasons I have been constrained to conclude that the Hon’ble judge Shri VVS Rao has conducted this hearing both in substance and style in a frivolous, vexatious manner with a transparent intention to trivialize and humiliate me and favour the all powerful respondents.

The continued dysfunctionality of the Andhra Pradesh High Court Legal Services Committee in my case, since almost a year, and its manifest philosophical confusion and organizational decrepitude analogous to reported situations in which ordinary police stations refuse to record First Information Reports, also begs the serious question whether there exists in the Andhra Pradesh High Court a crushing bias in favour of the rich and powerful that is subsidised by the ordinary embattled citizen.

Your Honour, I plead with you to kindly help me with a legal counsel, with the necessary intellectual, psychological and professional maturity, to productively partner me in the successful conduct of this important case.

I request you to kindly ensure that the relevant affidavits are meticulously mastered and cases are heard properly by an unimpeachable legal authority, without any dilatoriness or any other appearance of bias.

I also request you to take any other actions, that you may think fit to compensate me for the delays I have suffered and to restore my confidence in the judicial conduct of the Andhra Pradesh High Court.

Sincerely, I am



Divakar S Natarajan



Excuse Me, Your Honour ?!?

from divakar snatarajan
to cjap@ap.nic.in
date Thu, Dec 18, 2008 at 11:12 AM
subject Re:Serious Apprehensions Regarding The Judicial Conduct Of Hon’ble Judge Shri VVS Rao in WP 20182 dtd December 10, 2008
mailed-by gmail.com



The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. December 18, 2008


Sub: Further to Serious Apprehensions Regarding The Judicial Conduct Of Hon'ble Judge Shri VVS Rao in WP 20182 dtd December 10,2008


Your Honour,

Responding to my telephonic inquiry, your personal secretary kindly informed me yesterday that Your Honour had kindly perused my email to Your Honour and attachments on the above subject and had decided not to take any action.

I shall be deeply grateful if you would kindly confirm to me whether I have heard and understood your response correctly.

Sincerely,
Divakar S Natarajan


A Pernicious Rebellion Against The Law Of The Land

from divakar snatarajan
to cjap@ap.nic.in
date Wed, Dec 31, 2008 at 9:52 AM
subject Re:Serious Apprehensions Regarding The Judicial Conduct Of Hon’ble Judge Shri VVS Rao in WP 20182 dtd December 10, 2008
mailed-by gmail.com



The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. December 31, 2008


Sub: Further to Serious Apprehensions Regarding The Judicial Conduct Of Hon'ble Judge Shri VVS Rao in WP 20182 dtd December 10,2008 & December 18,2008


Your Honor,

May I request your kind attention towards the clear and unequivocal statements of the Hon'ble Chief Justice of India, reported in the press yesterday

These views endorse,without any shadow of doubt, my assesment of the conduct of the hearing of my writ petition 20182 , in the court of Hon'ble Judge Shri VVS Rao, as a vitiated spectacle and waste of valuable time.

They reiterate and underscore the reasonableness of my requests made to your kind self.

Given my experiences with APHCLC that I have described to you, the Chief Justice's views indicate that your Hon'ble Court may have been in pernicious rebellion of the law of the land.

A statement of bitter truth.

But it is certainly one that I have laboured mightily over one year to avoid.

Your honour,judicial time is paid for, but mine is not.

My elderly mother, my daughter and myself have been have been humiliated and tortured since two decades, not for any damage that we have inflicted on society, but because of our steadfast refusal to do so.

Your silence does not give us any relief.

I feel now that I have no option but to pray that whatever Muse of Justice there is will kiss your brows with inspiration and enlighten you to seek truth from the facts, carefully consider cause and effect and do justice without fear, favour or ill will and most of all, with speed.

Sincerely,

Divakar S Natarajan


Judicial Game Of "Pass The Parcel" ?



from divakar snatarajan
to cjap@ap.nic.in
date Thu, Jan 15, 2009 at 5:23 PM
subject Judicial Game of "Pass the Parcel" ?
mailed-by gmail.com


The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. January 15, 2009


Sub: Further to Serious Apprehensions Regarding The Judicial Conduct Of Hon'ble Judge Shri VVS Rao in WP 20182 dtd December 10, 2008 , December 18, 2008 and December 31,2008.


Your Honour,

It appears that Hon'ble Judge Shri L Narayana Reddy will now hear my nearly year old petition for a mandamus writ.My petition appears as No.105/- in his list, which going by my earlier experience would take close to another ten days to come up.

While this probably represents an improvement over the earlier shocking "file and forget" response, I am unable to read it as anything more than a frail and reluctant admission of delinquency by the Hon'ble Court.

I have to most respectfully submit to Your Honour, that I am not satisfied that the AP High Court has adequately felt the depth and volume of the cynical and unrelenting breach of trust and torture, that it has perpetrated on me over the period of nearly one year through its
slovenly judicial conduct in a matter that has passed prima facie muster of allegations of serious illegality in two of the most powerful offices in the state.

The AP High Court's action to change the Judge hearing my nearly year old petition for a writ,coming as it does baldly and without any explanation,contains no expression of commiseration, compassion, empathy or remorse, no assurance that the previously enacted sordid drama will not be visited on me again and leaves the matter of relief entirely to my currently overburdened imagination.

In the circumstances, the mere act of changing the judge is too nuanced a gesture to be interpreted as anything other than a continuation of spectacle.

The Hon'ble court may want to consider drawing a thicker line that distinguishes self serving gesture from an act of ripe justice.

Sincerely,

Divakar S Natarajan


Thank God For Kasab! Thank God For The Satyam Fiasco !


from divakar snatarajan
to cjap@ap.nic.in
date Sun, Jan 18, 2009 at 8:43 PM
subject Thank God For Kasab! Thank God For The Satyam Fiasco!
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hide details Jan 18


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Follow up message

The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. January 18, 2009


Sub: Further to Serious Apprehensions Regarding The Judicial Conduct Of Hon'ble Judge Shri VVS Rao in WP 20182 dtd December 10, 2008 , December 18, 2008 and December 31,2008 & Judicial Game of "Pass the Parcel" ? of January 15,2009.


You Honour,

May I request your kind attention to the article by Nirmalya Kumar,Co-Director, Aditya Birla India Centre at London Business School,titled "Satyam: Not Yet India's Enron". Times of India January 18,2009.

In this article, Prof Kumar makes the point that unless the Indian system demonstrates the nous to deal with this crisis with the 4Cs,namely, Candour (accepting failure) Contrition (accepting responsibility) Compassion (showing concern for those adversely affected) and Commitment (to solving the crisis), it runs the risk of damaging its credibility as a place where grown ups can make investments and do business.

You may recall that this was more or less verbatim, my prayer to you in my email of January 15,2009.

I once again request you to answer my solemn prayers with the 4 Cs.

Sincerely,

Divakar S Natarajan


The Mafia Does Quietus



from divakar snatarajan
to cjap@ap.nic.in
date Mon, Feb 2, 2009 at 1:31 PM
subject The Mafia Does Quietus.



The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. February 2, 2009


Sub: Further to Serious Apprehensions Regarding The Judicial Conduct Of Hon'ble Judge Shri VVS Rao in WP 20182 dtd December 10, 2008 , December 18, 2008 and December 31,2008 , Judicial Game of "Pass the Parcel" ? of January 15,2009 & "Thank God For Kasab. Thank God For The Satyam Fiasco"



Your Honour,

Unfortunately my apprehensions that your kind but mild intervention of changing the Judge would not significantly change the year long partisan, authoritarian and degrading character of the court towards my plea appear to have come true.

The Andhra Pradesh High Court continues to behave like a submissive crony of the Chief Secretary, APGOV and the State Information Commissioner.

* If the Honourable High Court of Andhra Pradesh is unable to enlist the services of a single professionally mature advocate who will partner me, why does the court not come clean in the public interest and say so?

* Once again the court took no notice, when I pointed out that the counsel for the State Information Commissioner had not bothered to, till date, make an appearance in the court or even issue a counter.

* With the submission by the GP for GAD of a material paper containing letter no 44130/I&PR-11/A2/2008-1 dtd 4 December 2008 from Pri Secy to Govt (GAD) to Secy, I&B Govt of India enclosing,

" 1. GMail from Divakar S Natarajan dated 29-07-05 and 20-11-08.
2.Letter from former Chief MInister of AP dated 17.05.1998 17-07-1999 and 03.06.1997.
3.Letter from Member of Parliament(Lok Sabha), Ex Home Minister (not named but Shri Indrajit Gupta) dated 18.12.1999.
4. Letter from Leader of Opposition, Rajya Sabha, New Delhi (not named but Jaipal Reddy) dated 03.06.92."

the GAD's counter has collapsed.

It is evident that the GP for GAD 's counter is false and misleading in its entirety and exposes the reckless and perverse defamation that I and my family were made to suffer all these years because of administrative negligence and inhuman denial at the highest level.

The GP for GAD's counter clearly constitutes a callous abuse of the judicial process.

However, the Hon'ble Judge Shri L Narasimha Reddy hearing my case has not given any sign that he has noticed this collapse and has judged its implications.

Like the famous leg spinner Shri BS Chandrasekhar is reported to have asked of the cagey Kiwi umpire, I too have to ask, "I know he is bowled. But is he out?"

* In my affidavit, I had stated," The government files provided by the Deputy Secretary/PIO GAD, make obvious the following points:

a. The Chief Secretary APGOV has taken a personal interest and has personally directed the disposal of my file.

b. That at every stage, all significant information has been withheld and false and misleading information has been provided.


However, the Hon'ble Judge Shri L Narasimha Reddy hearing my case has, in a clear attempt to mitigate the onus of the all powerful respondent, not made any mention of this nor enquired about the basis or evidence for my claim.

The "government files" that I mention were part of my application to the APHCLSA. Despite my incessant urging, the Secy/ Aphclsc refused to include these papers to support my affidavit.


* The Hon'ble Judge Shri L Narasimha Reddy has indicated via the sneak peek that he gave of his impending judgement, that he intends to endorse the State Information Commission' s fabrications and the most extreme illegality, namely that of administering a public institution like a private estate.


In order to achieve his dubious purpose of subverting the very idea of rule of law and the judicial process as a check and balance on a delinquent administration, he has indicated, that he intends to rubber stamp, the State Information Commissioner's assault on, of all things, my facility with the English language.


A wise and independent judge, in full possession of his faculties, who cares about the continued health and effectiveness of the RTI Act 2005, may have viewed my refusal to be cowed down by the corrupt SIC's repeated intimidation as an unusual -especially given the multiple collapse of so called "independent" professionals in the horrific Satyam fiasco - act of doughty public responsibility.

But this hon'ble judge has indicated that like an adolescent ( authoritarian, sado masochistic) class monitor, willing at all costs to keep the affection of his master, he intends to admonish me for my alleged "excessive rights consciousness".

This is preposterous, considering that independent, informed and patriotic Indian citizens might consider that currently the most egregious example of "excessive rights consciousness" is emanating from the highest court of our land in its infantile (narcissistic) squall to privilege itself from the reach of the RTI Act 2005.

* The Hon'ble Judge's confession of doubts:

Just before concluding his preview of his judgement, the Hon'ble Judge confessed that he did not consider himself perfect and that I could always appeal his judgement.

In the earlier session, I had to request the Hon'ble Judge Reddy to kindly desist from using self disparaging statements as a device to escape responsibility and to covertly shift blame on the the receiving party. A kind of double entendre.

In view of the facts and opinions that I have already listed, it would be appropriate to read the Hon'ble Judge's 'generous' advice as an irresponsible confession of his doubts , confusion and unconscious guilt regarding his impending judgement.

* A mad curial chorus for "quietus"

In the court of the Hon'ble Judge Shri VVS Rao, I heard the GP for GAD request the Hon'ble Judge, " Judge Saab ab isko khatham kar do" " My Lord, now you must put a quietus to this"

His wish was immediately granted." Hahn, my isko abhi khatham kar doonga." "Yes.Yes. I shall put a quietus to this."

That is when I screamed. "This man is lying, Your Honour. The GAD's affidavit is a pack of lies."

The sheer viscerality of my scream must have gotten to the Hon'ble Judge. That is when he asked me whether I could present copies of the former CM's correspondence. This correspondence has demolished the key stone of the GAD's affidavit which has collapsed.

The Hon'ble Judge Shri L Narasimha Reddy surprised me when he said in conclusion, that he had now put a quietus to the matter.

A vibrant judge may be expected to display and demonstrate, "a passion for independence, a passion for justice, a passion to serve the unfolding of life" - Erich Fromm. Anatomy of Human Destructiveness."

To be subject to this open clamour for putting a quietus on me is quiet unpleasant.

Judges do Justice. Hoodlums do quietus.

Your Honour. I request you to kindly request the Hon'ble Judge Shri L Narasimha Reddy to keep his judgement of my WP 20182/08 in abeyance, while you consider a suitable recourse that will serve the ends of justice, keeping in my mind that my resources and confidence are quite close to breaking point.

Sincerely,

Divakar S Natarajan


An Absurdly Prejudiced And Dishonest Judgement


from divakar snatarajan
to cjap@ap.nic.in
date Thu, Feb 5, 2009 at 7:57 PM
subject Honour My Constitutional Right For Timely And Effective Legal Counsel And Aid.
mailed-by gmail.com


The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. February 5, 2009


Sub: Further to Serious Apprehensions Regarding The Judicial Conduct Of Hon'ble Judge Shri VVS Rao in WP 20182 dtd December 10, 2008 , December 18, 2008 and December 31,2008 , Judicial Game of "Pass the Parcel" ? of January 15,2009, "Thank God For Kasab. Thank God For The Satyam Fiasco" & " The Mafia Does Quietus" of February 2, 2009



Your Honour,

As feared, the Hon'ble Judge Shri L Narasimha Reddy has dismissed my WP 20182/08.

Given my earlier unhappy experience with the APHCLSA, I have no alternative but to demand your aegis to receive my constitutional right for timely and effective legal counsel and aid, in order that I may consider and pursue my legal options.

Sincerely,

Divakar S Natarajan


Has The Message From Chennai been heard In Hyderabad ?

from divakar snatarajan
to cjap@ap.nic.in
date Mon, Feb 23, 2009 at 1:25 PM
subject Has The Message From Chennai Been Heard In Hyderabad ?
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hide details Feb 23


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Follow up message
The Chief Justice of the High Court of Andhra Pradesh,

Hon'ble Shri Anil Ramesh Dave,

Andhra Pradesh High Court

Hyderabad. February 5, 2009

Sub: Further to Serious Apprehensions Regarding The Judicial Conduct Of Hon'ble Judge Shri VVS Rao in WP 20182 dtd December 10, 2008 , December 18, 2008 and December 31,2008 , Judicial Game of "Pass the Parcel" ? of January 15,2009, "Thank God For Kasab. Thank God For The Satyam Fiasco" & " The Mafia Does Quietus" of February 2, 2009 & Honour My Constitutional Right For Timely And Effective Legal Counsel And Aid or February 5,2009


Your Honour,

Responding to advice from your office, I presented myself before your PS the week before last, to follow up on my request to your kind self .

When I called last week, Mr Sridhar Rao, communicated to me that the feeling was that the APHC could not cooperate with me, because I was "digging into" the judges.

Given that there has been no positive response from your end, I have to assume that your office is with deliberate ambiguity, conveying that it has no qualms about abusing its considerable powers to collude in the cover up of serious illegality in high places and to hound a patriotic sathyagrahi into submission to its ignorant, ill conceived, ragging.

Fortunately the events at the Chennai High Court have come at the right time to demonstrate exactly how our courts revel in being a law unto themselves and in holding innocent people hostages to their diseased vanities.

As a loving and constructive Indian who has sacrificed two of the best decades of his life for the cause of an law abiding society, I am in no mood to humour your vanity.

I hope that the pre Talibanic style events would have sobered sections of the legal community who would at least now see my sathyagraha against Indian idiocy in its proper perspective.

I look forward to an intelligent response from you at your earliest convenience.

Sincerely,

Divakar S Natarajan

Sunday, September 28, 2008

Prof Mushir Ul Hasan's Smart Move

In a land where thoughtful Hindus have to hold their noses against the President of a major national party baying for a hapless prisoner's blood – George Bush as Governor was dearly beloved and admired for such proclivity - Rajnath Singh screaming "When we come to power, we will make sure that Afzal is hanged" - please Rajnathji, so sooli mein chadao me for being a thayir sadam Tam Brahm - but I would rather know how you propose to rehabilitate the tens of thousands who have been uprooted by the devastating floods - Prof Mushir Ul Hasan's offer of extending legal aid to the students of Jamia accused of terrorism comes as a blessed whiff of sanity.

Finding quality legal advice in our democracy is about as easy as finding the Sanjeevani.


For twenty years, I've searched.

I've spoken to "Gandhian" journalists and "civil rights"type retired judges, MPs, MLAs and lawyers - not Shri Prashant Bhushan or Nandita Haksar - despite advice from some erstwhile good friends - entirely my fault - "altruistic" IT tycoons, professional associations and even scientists, I have hunted in Delhi and Hyderabad and Chennai and Bengalooru - but I have not found one good person who could have an intelligent conversation about the legal options I may have about getting accountability in my "no excuses," ultra-peaceful, non partisan, individual, sathyagraha against the patronage paradigm - the paradigm of shoddiness, irresponsibility, cronyism and corruption that is cretinising our great nation.

A sathyagraha for the idea of the rule of law, that is now in its, give or take a year or two, twentieth year.

I have been pettifogged thrice.

The one case that I can prove beyond any shadow of doubt - when the then Commissioner of Police and the then AP Governor's office connived and egged on the so-called Owner's Association to cut water supply to my flat, without any judicial intervention or authority - the Commissioner of Police blithely interpreting this vigilante mob action as a "civil" dispute - the gold medallist lawyer at least left behind a saucy Hindi phrase that will forever yield me lessons in humility - "aap bhi tho dhoodh ke dhule huve nahin ho".


Till date, I have to fetch and store water every alternate day.


If there are any Peter Russos in Hyderabad, I haven't had the privilege.

Talking about Peter Russo, it just occurred to me that the sole forensic fraternization I have had on my case, was with a thirty something Australian backpacker in Pahar Ganj.

Over the tortuous years I invested, trying to get Doordarshan to be sane about working with me - with about as much success as Shri Ratan Tata had in Sonar Bangla - most of them spent in the halcyon climes of Main Bazaar, Paharganj,a Lonely Planet marked crossroads for Western backpackers and their suppliers, I had developed my own visa points system of those who would be worth my while.

In my system, "Readers of Books" topped the list. Ahead even of "Blondes wearing saris and pottu".

This guy, believe me, was really dug into "The Constitutional History of India"."If you really want to know a country, read its constitutional history." says he.
This one wanted to know.This was a brother.

Later as I became his guide and buddy, we visited his tabla teacher from DU who had accompanied my most illustrious aunt and when I confessed that I had been fatigued about writing about my plight, again and again and again and again and again and again and again and again and again and again and again and again and gain and again and again and again and again and again - okay, now think twenty years - he instigated me to demonstrate at the Film Festival in Delhi, helped draft my appeal, shared zany occult insights into deconstructing prose, and through my plain horror, explained with a relentlessly imaginative zeal how I had the soul of a punk rocker and bought me a marrow moving piece of our gorgeous tribal metal sculpture.

He pissed me off later by insisting on buying rare Indian paintings from Main Bazar, and I have not replied to him after he wrote to me complaining that the "art" he bought at some expense had washed off the cloth - but if he 's reading this, write me, man. I'm generous. I have forgiven you. Its divakarsnatarajan@gmail.com

Prof Hasan may not have the soul of a punk rocker, but he probably does have some of the Mahatma's shocking talent for doing the right thing.

It was probably said of the Mahatma that he could sight a moral high ground from a mile away and he never passed one without wanting to clamber on to the very top.

Prof Hasan has realised that its not right to let our children twist in the wind, while we hurry off to our date with the television studios.

Prof Hasan's gesture is "modern”, democratic, potent and exemplary.

Twenty years ago, when I had taken the final cut of my documentary, "Hyderabad. August 1948." to our capital city and then had to spend two years trying to save it from being vandalised by the very people who had commissioned it with your tax money, Dr Manmohan Singh had taken over as Finance Minister and the air was so thick with mediagas about the so called reforms, that I was beginning to get little niggles that my documentary was becoming somewhat dated and irrelevant in the impending Shiny New India.


Hyderabad. August 1948 is about the events that led to the "Police Action” in the erstwhile princely state of Hyderabad. It told the story of those brave, visionary and humanistic Muslims who had spoken out against the depredations of the Razakars and argued for Hyderabad acceding to the democratic Indian state.

I had the opportunity of recalling the saga of the 28 year old Shoebullah Khan, editor of an Urdu newspaper Imroose who had been harassed, intimidated and finally slaughtered by the Razakars. They shot him dead and then cut off his right palm.

It is not for mere man to fathom the mysterious ways of Allah.

But here I was, a benighted and unredeemable qafir, chosen to be an awed witness to his mad / majestic munificence.

Because even before my niggles could develop into a concern, let alone take on the proportions of a worry, I was saved.

Prof MushirUl Hasan chose this particular moment to say some mildly professorial thing about Salman Rushdie’s comedy The Satanic Verses. And a bunch of Jamia Millia Islamia students chose to take deep umbrage and explode into a riot.


"Traitor to the qaum" screamed the students, to my relief and gratitude. They could have been quoting this rhetoric from my documentary. "Cut of his tongue. String him up. Shoot him down". They manhandled the poor man, demanded his resignation.


Decades ago, much before he became famous in India, for deifying our "altruistic" IT tycoons, Thomas Friedman, had observed that a fundamentalist, characteristically, did not have a sense of irony.

Can't argue with that, but then here was undeniable proof that Allah, certainly was no fundamentalist.

There were counter demonstrations in solidarity with the hapless academic. As a humble token of my own gratitude to the All Merciful Joker in the Ether With Perpetual Bad Timing, I joined them.

I called the Hassans and got myself invited to their refuge at the Jawaharlal Nehru University. The Hassans received me most graciously and given the intense stress that they were suffering, they even organised a VCR and patiently watched my 37 minute Urdu documentary.

Years later, when I was still struggling, and had organised a projection at the Andhra Pradesh Bhavan, which the then Home Minister the late Shri Indrajit Gupta, had kindly decided to grace, I invited them.

Unfortunately for me, they had already committed to the BBC, which was showing something about The Dynasty of the Nehrus - at a local five star hotel.

The Hassans were not the only people I met.


Saeed Naqvi spared time to watch my documentary. However he could not accept my offer to get on the documentary and introduce it with a context.

I met Shabnam Hashmi and the good folks at SAHMAT.


I met MJ Akbar when he was aide to the Hon'ble Arjun Singh. And on a few occasions since.

I was given the courtesy of writing in the editorial page in Hindustan Times. Kaveri Bamzai was generous to spare me a line in her light op-ed piece in the New Indian Express. Unfortunately, we did not inspire a single Indian to even write to the Editor.

I demonstrated through the entire duration of the Film Festival 10 -20 January 2000 in New Delhi.


Some of the finest and most respected folks present, took the time to talk to me, understand my effort and sign my petition addressed to the then Prime Minister.


The Press was present in numbers. Hasan Suroor was there. So was Nikhat Kazmi. The Press ignored me.

Javed Akhthar and Shabana Azmi had seen me at the Festival. Shri Akhthar did say hello. Coincidence: I had featured Ms Azmi's uncle the late Akhthar Hassan, in my documentary and had the opportunity to include her beautiful aunt and her gangly, bespectacled nephew, kinda reminded me of me at that age, in a frame.


Of course these were not the only people I met in our corroded capital city.

I would love to report that I made some intelligent, new friends who have been an oasis of inspiration and pillars of strength to me.

Unfortunately, I cannot.

Maybe these very busy people were too preoccupied to make the connection between the nationwide, 24/7 corruption and the pulverization of the idea of the rule of law or maybe it was just my strange sounding last name or my stubbornly khadi clad presence that spooked them - we just passed each other by.


C'est la vie.