Search This Blog

Showing posts with label andhra pradesh high court. Show all posts
Showing posts with label andhra pradesh high court. 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.



Monday, June 13, 2011

Restore The Honour Of The Andhra Pradesh High Court

HON'BLE THE CHIEF JUSTICE NISAR AHMAD KAKRU (sic)
Andhra Pradesh High Court,
Hyderabad


to cjap
date Thu, Jun 10, 2010 at 2:46 PM
subject Restore The Honour Of The Andhra Pradesh High Court
mailed-by gmail.com




Your honour,

If you have ever had the occasion to search for "Andhra Pradesh High Court" on the internet, then my appeal to and correspondence with your predecessor entitled "Andhra Pradesh High Court's Pernicious Rebellion Against The Law" would not have escaped your notice.

With the benefit of hindsight, that account can reasonably be read today as a stunning narration of the Andhra Pradesh High Court's slide with “minuscule” check or balance from delinquency to disgrace to depravity.

As I have detailed in my correspondence to the then Chief Justice, the AP High Court had very obviously and at every level prejudged my case, delayed, obstructed and perverted the course of justice.

The Andhra Pradesh High Court State Legal Services Authority conducted a time consuming, farcical and ultimately fruitless search for a competent counsel.

The judges in question stubbornly resisted giving me any impression that they had heard me, obstinately ignored my repeated requests for the assistance of a competent counsel, displayed no compunctions about heckling me in my defenseless state from the lofty position of the bench, took upon themselves the obligation of arguing the respondents case and produced a judgment that was completely at variance to the independent opinion sought and received by the High Court, the facts of my case and the RTI Act 2005.

The Hon’ble judge’s babble emanated despite the fact that that the only new fact that emerged during the hearing was that the Andhra Pradesh Government was forced to admit the exposure of its affidavit as a tissue of lies and brazen fabrications.

Your esteemed predecessor had an excellent opportunity and sacred obligation to mitigate this sordid situation and put the hearing back on its track.

Instead he actively participated in this rowdy violation of the principles of natural justice and due process.

Not only did he assign the hearing of my case to a judge who is shown as being one rung junior to the judge against whom I had complained, he did not respond for my request for assistance for an appeal.

With the smug tunnel vision that is peculiar to successful technicians, lawyers are often advised , "When you cannot plead the law, plead the facts. When you cannot plead the facts, plead the law'.

To this wisdom, we in India, have added a more practical, subaltern twist. “When you can argue neither the facts or the law - start a riot."

Blood may not have been shed, the courts may not have been interrupted, the television cameras may have been busy elsewhere, and our editorial class may be too cloddish to recognize it and only my life has been thwarted, but there can be little doubt in reasonable minds that the Andhra Pradesh High Court over a period of more than a year, comprehensively and at every level disgraced itself by mauling the idea of due process in order to pervert the course of the law and to thwart justice with a clear motive to let the powerful respondents off the hook.

Extremists almost reflexively accept responsibility for their heinous acts.
But despite the fact that I have complained to the President of India, that office in an act of utter depravity, has not only ignored my complaint but has gleefully elevated the delinquent former Chief Justice to the Supreme Court.

Till date, Andhra Pradesh High Court has shown no signs of the self correcting conduct that society routinely expects from erring human beings.

The Andhra Pradesh High Court has not given any sign that it has recognizes and regrets its reprehensible delinquency.

The Andhra Pradesh High Court has shown no rectitude, remorse or reform that will restore the process of justice.

In other words the Andhra Pradesh High Court does not appear to possess any power, procedure or compunction to recover from its woefully compromised state.

It appears to not have the conscience, character or potency to re establish its shattered independence and autonomy.

There can be no question that by recounting this rowdyism of the Andhra Pradesh High Court and Bar and its toadying, symbiotic relationship with the Executive and Administration, I have performed an extraordinary service for the cause of an authentic, autonomous and vibrant judiciary.

At a time when even a clearly compromised and cowering Rashtrapathi Bhavan has chosen to stay mute, and lawless extremisms are bubbling everywhere, I have performed a rare service to the idea of equity under the rule of law by not leaving you in any doubt about the odiousness of the earlier hyper activism and current inertness of the Andhra Pradesh High Court .
This inertness of the Andhra Pradesh High Court is clearly intended to be punitive because I continue to suffer the brazen violation of my rights, denial of information and fair access to institutions of redressal and remedy.

I now request you to kindly use your authority to take whatever action that you may consider fit to make amends for this barbarism.

I look forward to hearing from you at your earliest convenience.
Yours sincerely,


Divakar S Natarajan

PS: Since Shri Subrahmanyam, formerly Secretary to the Legal Services cell who conducted the dubious and infructuous search for legal aid, who I understand is currently your PS, has claimed not to have received the earlier email dated May 25,2010, I am emailing you again .

Tuesday, January 5, 2010

Thanks To Fumiko Nagano At The World Bank. The Prime Minister's Office and Rashtrapathi Bhavan Could Learn From You.

Unless I am very mistaken, Ms Nagano visited twice before choosing to place my comment on her blog.

I appreciate that act of responsibility. I appreciate the opportunity to get my plaint across.


India's Corruption Quaqmire
Submitted by divakarssathya on Thu, 12/31/2009 - 00:46.

While the idea of the zero rupee note is commendable, it looks in the wrong direction.

India's pervasive corruption is more a function of the self serving sluggishness of the ruling class - the recently exposed Ruchika Girhotra case and my own experience indicate that checks and balances have collapsed and coalesced into one corrupt predatory ruling class.

Very little difference between the judiciary, the administration, the legislature and the press. They all know that bad, perverse, dysfunctional behaviour is the capital with which to earn money and power. The old "Pinch the child and then rock the cradle" idea.

My fear is despite the fantastic growth figures, India is fast deteriorating into an administrative nightmare and a bit of a basket case.

Transparency and accountability are the mantras that will create the necessary paradigm shift.

The RTI ACT 2005 as a piece of legislation is brilliant.

But count on the bureaucrats to racketeer on this too.

Even as we speak, Dr Manmohan Singh’s Office, “Daredevil” Pratibha Patil’s Rashtrapathi Bhavan, Chief Information Commissioner Wajahat Habibullah, State Information Commissioner CD Arha are all in a criminal conspiracy to deny me justice.

The Andhra Pradesh High Court in the inimitable manner of the Indian judiciary has misbehaved egregiously.

If you would like to know about the sheer impossibility of living a sane, unexploitative, equitable life in India, you and your esteemed visitors may want to visit and participate at sathyagraha.blogspot.com

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!

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.

In contrast, Rashtrapathi Bhavan is quiet happy to remain blizzzzfully ignorant.

The panjandrums at PMO will probably send out a black cornered notice, through some men in black suits and neuralyze my comment off the blog.

Looking further into the future, the Men In Black from PMO will probably decide to neuralyze themselves and disappear among the milling crowds of NYC and start new identities marketing biryani on the streets of Manhattan.

Unless of course they decide to sample the booze on the flight back home,get frisky with our havaii sundaris and end up on the screens of our news channels.

In which case the PMO's Media Adviser will be seen neuralysing all the people going into and coming out of the studios.


There was also this , alas, anonymous, comment:

Agree with divakarsathya
Submitted by Anonymous on Sun, 01/03/2010 - 11:02.

I agree with Divakarssathya. While the zero rupee note is an interesting idea, what real tangible impact it will have is questionable.

It's not like we're unaware of the corruption that plagues this country, and most officials brazenly abuse their power- even if they might give it some seemingly harmless (borderline warm fuzzy) name (chai-paani). That one can appeal or wake their conscience with a zero rupee note does make for a good story and an interesting read.

However, as pointed out in the comment above, the RTI Act is the way to go. The more Indians are aware of this Act the more effectively it can be used and the more realistic our hopes towards a system that is rid of corruption.

@divakarssathya I just went through your blog. It is a brave attempt. Please don't give up. May you see success soon.

PS: This comment was also published on

bitterwallet.com

New Paradigm Digest



The Telegraph.co.uk