Google's Done Good

The following comment appeared in
Guardian.co.uk (2 posts},
Guardian.co.uk

Telegraph.co.uk,
The Independent,
Newsweek,
The Baltimore Sun ,
Chicago Tribune,
San Francisco Chronicle
Salon.com
The Washington Post (2posts)
Forbes.com
PC World,
Ground Report




Google's Done Good.


Google has challenged the smug corporate assumption that business alone will liberate.

It will not.

Fellow traveling businesses will allow corrupt, inefficient and doltish coteries, cliques and regimes to bask from the reflected glory of hard won wars for equity, freedom, enlightenment and excellence that have been fought in societies that have produced such new, thoughtful responses.

Fellow traveling businesses, that squander their freedom and slip into cozy relationships with the authorities betray the " poorest of the poor and the weakest of the weak" in the case of even democracies these are all those without a vote - children, the environment and the future.

Such businesses produce cynicism, and conformism, not innovation and wonder.

Such businesses die slow, inglorious deaths.

Google's decisions - first to engage and then draw the lakshmanrekha - the line in the sand - are both that will inspire life conscious people.

This is not to underestimate to quantum of insanity on this planet.

It takes the whole village to create fun alternatives to psychotic behaviour.

There is chaos in India too.

Since the past two decades, the Government of India, the Government of my own state, Andhra Pradesh, the Andhra Pradesh High Court , the Chief Information Commissioner and State Information Commissioner have combined to impress on me that what works in India is what I have called the "patronage paradigm" - the paradigm of shoddiness, irresponsibility, cronyism and corruption - and that ideas of the rule of law and democratic processes are merely spectacles to lull the gullible.

I have been denied the recognition that were commended to me.

I have been unable to earn a decent living.

The office of the Governor of Andhra Pradesh incited my neighbours to cut off my water supply.

The Indian editorial class published government "spin".

The information commissions in the state and at the centre denied me my right to information on spurious, brazenly illegal grounds and punished me for daring to object.

The high court denied me my right to competent counsel and punished me for complaining.

Even as we speak, Dr Manmohan Singh's office, "Daredevil" Pratibha Patil's Rashtrapati Bhavan, Chief Information Commissioner Wajahat Habibullah, State Information Commissioner CD Arha are all in an obvious conspiracy to deny me justice.

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

Such dysfunctionality, and recently they appearing to pouring down in India, has drawn only an occasional murmur from Indian industry, that at best comes up with palliatives.

I have met with at least one Indian "altruist" IT "icon" on appointment and he appeared to be completely clueless and at a loss for words and ideas.

Please visit and participate at:

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

Compelling Criminality. 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

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.

Raped By The Law

The following comment was published on Jason Overdorf's post "Raped By The Law"


Why are we so abysmally cynical and hopeless that conditions will continue to remain outrageously inhuman in India?

One simple reason: The following comment or variations of it have appeared in almost every major Indian online publication plus in a few abroad.

However, not a single editor or reporter has had the nous to pick it up and work it to the max.

In my experience, most Indian journalists are wannabe Rathores.

There is little difference between the mindset or work ethic of a rogue administrative officer and your Indian editor.

It is obvious that our authorities are confident that they hold the country's press in the palm of their hands.

If Ruchika's Dad had sought the solidarity of the press, Shekhar Gupta (editor in chief of New Indian Express) would have advised, "You cannot go around taking pangas(quarrels) with people, yaar."

That is what this idiot told me when I met him.

My credentials are strong and I have taken much trouble to meet many editors personally, usually on impeccable referrals. They have had nothing but smirks to offer.

Even my comments are mutilated. Vinod Mehta's "Outlook" has banned my comments on risible grounds.

Am I the only victim?

Who is to say if the Indian editorial class had been less narcissistic and more professional, it might have had a chilling effect on other predators?

Even as we speak, Dr Manmohan Singh's office, "Daredevil" Pratibha Patil's Rashtrapati Bhavan, Chief Information Commissioner Wajahat Habibullah, State Information Commissioner CD Arha are all in an obvious conspiracy to deny me justice.

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

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

Compelling Criminality. 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

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.


Remarkable that it has not yet dawned on the panjandrums of the Prime Minister's Office and Rashtrapathi Bhavan that I have been "raped" since two decades, not for any misbehavior but for my belief in the idea of the rule of law.

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

Robust Idiocy. Pakistani Minister Deconstructs Dr Manmohan Singh's Silence.

Two Faces Of Psychosis. Brutality Of The Sri Lankan Police Vs Perversity of the Prime Minister's Office.

It occurred to me that the picture of brutality is a vivid metaphor of how how the elites of the world keep reality at bay.

Without any irony at all, television reports reported that the Tamil youth - who was the subject of police attention - was mentally unbalanced.

Presumably the Sri Lankan Policemen were merely "doing their duty" and the thousands of gawkers were merely "helpless" .

divakarssathya wrote:
Oct 30th 2009 7:36 GMT

One of the few bright moments for me as an Indian was hearing Joseph Stieglitz commending the prudent policies of the then Governor of RBI.

Being "stitched in" might appear an attractive idea, but to imagine that a democratic Giant like India would be allowed to pursue such an Utopia might be a little wishful.

It is traditional for dictators to believe that weapons alone, will solve all problems. Their fascination and craving for big and bigger bombs never ceases.

Some others believe capital and more capital is the panacea.

But it is embedded in the Indian psyche that prosperity and well being evolve from a combination of several auspiciousnesses.

An appetite for capital must be matched by a efficient enough digetive system that will be able to receive and produce the most healthful results.

But if the system is stunted, diseased or otherwise out of order, the result will be more disease and probably a collapse.

The key to demonstrating confidence in India's future is to secure and develop its potentially magnificent people.

The world they create with their strong, healthy, loved and liberated geniuses may be very different from the world as it exists today. But I willing to imagine, that it will also be a much stronger, viable, vital world.

Unfortunately India today is mired in corruption.

Democaracy is working brilliantly, beyond the wildest dreams of avarice for a relative handful. And these are willing to defend their "democracy" with guns.

For the rest, India's performance on the Various indices of human development tell their own tale of delusion.

Several months ago, I wrote to the Prime Minister's Office documenting the serial misbehaviour of various constitutional authorities.

The Prime Minister's Office's response is to chase down and swat down my comments appearing in various eminent international media.

I doubt that such behaviour of the PMO is enhancing the image of India as a preferred democratic destination among the international media, but one may also wonder - is this all the Prime Minsiter's Office can do to protect its citizen's ?

Is the PMO and Rashtrapati Bhavan to mired in compromise to do anything other that punish the complainant ?

There is no dearth of perversity and foot shooting, so how smart are these guys anyway?

Don't they have enough people who hate their guts? Why would they want to add another with their juvenile delinquency ?

Given such dysfunctionality and perverse conduct from the most exalted offices of the land, is it any wonder that any attempt to inundate India with capital and "stitch it" with the rest of a single minded and twin emotioned, fear and greed, world, might not be welcomed with "flowers and garlands" ?

The Rashtrapati Bhavan and the Prime Minister’s Office are being quiet as mice about the impeccable evidence I have presented to them on the corrupt, duplicitous and psychotic conduct of the Government of India, the Government Of Andhra Pradesh, The Indian editorial class, the administrators of the Right To Information Act, and The Andhra Pradesh High Court.

Readers who want to know more are welcome to visit sathyagraha.blogspot.com

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

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

Prejudiced Chief Information Commissioner Laps Up Prime Minister’s Office’s Lies 05/05/09

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

Dr Manmohan Singh's Office Asserts Its Determination To Be An Idiot. This Time It's The New Scientist.

Shri T K A Nair
Principal Secretary To
The Prime Minister Of India
New Delhi.

Sir,

Congratulations.

Your cold, coercive silence is being met with a reasonable response.

The following comment was published in The New Scientist.

India Is Mired In Corruption

Sun Oct 18 12:26:33 BST 2009 by divakarssathya
http://sathyagraha.blogspot.com

At a closer look, it would become obvious that the primary responsibility in any Indian job function - from The President Of India to the lowly village school teacher - is the collection and distribution of bribes and patronage.

In order to be a collector and distributor of bribes, you obviously cannot be a sane, functional, human being.There is no percentage in just doing your job.

You have to be able to regularise the irregular and irregularise the regular.

You have to put yourself beyond the pale of reason. You have to be perverse.

If Dr Venkataraman, had worked in India, he would have had been routinely asked to fetch tea for the bureaucrats.

He would have been told that such humility was fundamental to great achievement.

He would be asked to alter his lab notes and findings to suit the moods of the bureaucrats.

Good chance, if he finally came up with something good, his work would be plagiarised and even if the President Of India had been valourized by India's sheepish editorial class as a champion of science and modernity, his pleas and protests would have been coldly ignored.

Till he somehow managed to cause an international furore. Then there would be a mild stirring.

I have called it the "patronage paradigm". The paradigm of shoddiness,irresponsibility , cronyism and corruption that cretinises a society.

Read Kameshwar C Wali's biography of Subrahmanyam Chandrasekhar to recollect the horror that the youthful Chandra felt, when he saw the great Satyen Bose being mistreated right before his eyes, by the top scientific babus of his day.

Sycophancy continues to rule in India today.

India's insular, necrophilous oligarchy had encountered 19 year old Ishrat Jehan on idiotic dribbles.

And the Prime Minister's Office is being quiet as a mouse about the impeccable evidence I have presented to them on the corrupt, duplicitous and psychotic conduct of the Government of India, the Government Of Andhra Pradesh, The Indian editorial class, the administrators of the Right To Information Act, The Andhra Pradesh High Court and a fellow travelling "civil society".

Proliferators or pedophiles - the lawless subcontinent is a haven for the scum of the earth.

In India today, dysfunction rules ! Perversity prevails!

Welcome to yet another "conspiracy in corruption" :

Psychotic PMO Bareknuckles "The Economist"

"When The Going Gets Tough, The PMO's Media Advisers Go Nuts"

"James Astill's Dazed Denial"

"The President Of India's Helpline Is A Waste Of Time"

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

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

Prejudiced Chief Information Commissioner Laps Up Prime Minister's Office's 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.

Incidentally, when I referred to the "petty minded idiots in your office", you will be glad to know I was being stone cold sober and scientific.

Please read this:
It's official: Your bullying boss really is an idiot

Sincerely,
divakar

The above comment was moderated and appeared in The New Scientist. Hours after my email to Shri Nair, it was dropped.

From Shri Harish Khare

QED.

Exhibit 1 "Compelling Criminality"

Jaipal Reddy, Leader Of Opposition , Rajya Sabha writes eloquently, did nothing.

From Shri Jaipal Reddy, Leader Of Opposition Rajya Sabha

Exhibit Two "Compelling Criminality" Chief Minister Of Andhra Pradesh Writes To Jaipal Reddy.
Reddy "responds" by launching frivolous and vexatious litigation on exactly those matters mentioned by Chief Minister. The litigation continues till date.

From Hon'ble Chief Minister of Andhra Pradesh Shri Chandrababu Naidu to Jaipal Reddy, Minister of Informa

Exhibit Three "Compelling Criminality"

This nugget of non partisan wisdom appears to be utterly lost in the Prime Minister's Office.

" Indrajit Gupta ?" exclaimed the section officer at the PMO, in whose charge the Principal Secretary, has with exemplary wisdom entrusted this case, "Par Woh Tho Mar Gaye Hain !"

From

From Ex Minister Of Home Affairs Shri Indrajit Gupta's Appeal To Former Prime Minister Atal Behari Vajpay

Exhibit Four " Compelling Criminality"
Dr Manmohan Singh's Former Media Adviser Dr Sanjaya Baru's "epiphanic" review of "Hyderabad. August 1948"

From My Scans

Exhibit Four "Compelling Criminality"

Petition to Former Prime Minister signed by Sarvashri Soumitra Chatterji, Shyam Benegal, Derek Malcolm, Om Puri, Jean Paul Carriere, Jabbar Patel, Jahnu Baruah, Sanjay Leela Bhansali and other intellectuals endorsing Indrajit Gupta's representation.

"Given that his Doordarshan commissioned documentary, "Hyderabad. August 1948." has been nationally acclaimed for celebrating our nation's core values and given the abundance of open support that he has received, it appears credible to us that he is being severely punished for his resistance to corruption in Doordarshan"

From

Exhibit Five "Compelling Criminality"

Padma Vibhushan Kaloji Narayana Rao's Open Letter To The Former Prime Minister.

The late Kaloji garu had known Shoebullah Khan, fought in India's freedom struggle and had seen my documentary.

From Padma Vibhushan Shri Kaloji Narayana Rao's Open Letter To Former Prime Minister

Exhibit Six "Compelling Criminality"
Doordarshan's Conduct Of Fiftieth Year Celebrations Of Indian Independence Described As "50th Year Racket" Sevanti Ninan, The Hindu

From 50th year racket

For more please go to "Compelling Criminality

Mananiya Shrimati Pratibha Patilji , Are AK 47s The Way To Go ?

On the same day, the media bubbled over with the news that the President Of India, Pratibha Patil, got her photograph taken with Rukhsana Sultana, the Sherni Of Kashmir, there was a story in The Hindu about another young lady Ch. Anuradha who had attempted suicide.

ELURU: A whistle-blower of the Treasury Department in Andhra Pradesh, who was responsible for the arrest of four personnel in the Social Welfare Department, including a Deputy Director and another Assistant Director, in the Rs.30-lakh scholarship scam in West Godavari district, attempted to end her life. Ch. Anuradha (27), Senior Accounts Officer in the office of the District Treasuries department, was battling for life in the government hospital here after consuming sleeping tablets.

In a statement recorded by the police from her while undergoing treatment, Ms. Anuradha said the harassment by the sleuths of the Crime Investigation Department handling the case was the cause for her suicide bid. She said she had been subjected to harassment by CID personnel in the name of questioning her.

Unlike the leading lights of our ruling classes who affect a self aggrandizing cynicism and visible moral bankruptcy, both Ch Anuradha of Eluru, Andhra Pradesh and Rukhsana (Kausar? Sultana?)dealt with the failure of the State with courage and intelligence.

They asserted their dignity.

But the Indian State has shown a nearly ecstatic preference for Rukhsana.

What is the message?

From Drop Box

In the collective subconscious of India's ruling class, the quick and easy way of the AK 47 trumps the grotty uncertainties of the sathyagraha.

Incidentally, on that very day, the President Of India had presented Rukhsana a "memento" presumably something that will at least help Rukhsana scrape her tongue, the officer who is handling my case at Rashtrapati Bhavan,all the stuff that is on this blog has been available since months, if not years, with the babus of the Rashtrapathi Bhavan and the Prime Minister's Office, banged the phone down on me.

"I am busy, man!" he cried "Do you think you are the only person, I must talk to?"

I am shameless. I called him right back.

He banged the phone down again. I called him again.

The telephone operator at Rashtrapathi Bhavan could sense something was afoot."Sir, Didn't I just connect you ?" she asked.

This time he relented. A bit.

"I have to sign hundreds of letters !" Bang.

All my emails have been addressed to the Principal Secretary, to the Rashtrapathi.

And the Principal Secretary to the Prime Minister.

Is it unthinkable that they just might come on the line to say a friendly "hello"?

Other than generating a couple of papers, if the Rashtrapathi's office has done anything else to heal a ravaged Constitution, it has certainly kept it well hidden.

In the case of the PMO, the section officer has told me, "no action will be taken".

It is not just some lowly policemen in the badlands of Andhra Pradesh or Bihar who torture and humiliate the sane. The whistle-blowers and RTI petitioners. The sathyagrahis.

The Chief Information Commissioner, the State Information Commissioner, The Chief Justice and Judges of Andhra Pradesh High Court, Rashtrapathi Bhavan, Prime Minister's Office, India's editorial class and a fellow traveling "human rights' ngos; they all do it.

They have all rubbished the RTI Act 2005 and the Indian Constitution.

And now the Rashtrapathi and the ruling elite glamorizes, AK 47 wielding vigilantes and desperadoes.

But one has to keep one's chin up, right?

Maybe, sanity will surface.

Maybe they will get the right message from the Anuradhas and Rukhsanas of this country.

This Deepavali, will the Indian State come up with a message of life ?

Or will it wring its hands, in "helplessness" and surrender gladly to death?

What's so "wrong" about these RTI queries ?

Claiming the right to ask wrong questions
Shivani Vig, TNN 3 September 2009, 09:30pm IST

KANPUR: How about getting a duplicate marksheet with the help of Right To Information (RTI) Act? Or putting the Act to seek verification of
National Council of Teacher's Education (NCTE) information to be true.

Or for that matter seeking the evaluated answer sheets from home University.

The above-mentioned cases are the kind of queries that Chhatrapati Shahuji Maharaj University comes across daily, with such applications seeking information through the RTI Act, 2005.

Meant for seeking information through a proper channel, the RTI Act is being used by the applicants to seek any and every information from the home university.

Sample this: district basic shiksha adhikari, Mau, has sought information under the RTI Act from Kanpur University for the verification of the academic details of 17 candidates, who had filed their applications for Vishisht BTC.

Similarly, several applications from passed students used to reach university seeking duplicate degree/marksheets to be provided under the Act. The students have even sought help of the Act for getting the evaluated answer sheets.

Only recently, an advocate of high court, Santosh Kumar, had filed an application under the RTI Act complaining about a college. In another case, Sushila Devi, 46, of Kanpur Dehat had sought a step-by-step information on how to fill online form, as she -- being illiterate -- did not know the procedure.

"Instead of paying for the approved amount for getting a duplicate degree or marksheet -- which is Rs 265 -- many students have tried to get their duplicate marksheet through RTI, by spending a minimal amount of Rs 10," said Dr Saxena.

Referring to another such application from one Ayodhya Prasad, the public information officer, Dr Piyush Saxena said, "In one of the applications under the RTI Act, this person has asked the university to inform the counselling board that his daughter, Archana Kanaujia, is ill and that she cannot appear for the counselling."

Not only does most of these RTI applications carry weird queries -- providing information to which is nothing but sheer waste of time -- some of them are even not valid, claimed the officials.

In what could only be termed as the lack of awareness among people about the relevance of the RTI Act, it was found that the applications had come to university asking information on what is the difference between a name and a signature, said the official.

Notably, what is more time-consuming is seeking information from other departments. "Several times, it has been found that we are not ready with the information asked for and thus, we have to gather required information from other officials and departments, which is the most time-consuming part of answering these applications," said Saxena.

And if the information office is to be believed, the number of RTI applications seeking information under the Act is more than five on a daily basis. Interestingly, the amount of sincere RTI queries seeking information hardly amounts to 10% of the total applications.

A visit to the information office of Kanpur University is enough to gauge the lack of awareness among people about the Act. Bundles of files of RTI applications are piled up here and two persons have been deployed only for separating such applications from normal mails.

"The time which we spend in replying to the applications can otherwise be utilised in doing other important work. However, the number of these applications is really very high, and under the provisions of the RTI Act making the information to be provided as mandatory, we are bound to give a reply," said Jyoti, working in the information office of the university.

My comment that the Times Of India may not publish:

I find each of these queries address serious and legitimate concerns of the petitioner.

They point to lacunae in the system that need to be addressed.

The mindset that there can be "more serious work" than the implementation of the RTI Act or the imaginative,objective and sympathetic consideration of legitimate grievances, belongs in an evil time and needs to be completely dissolved; after which such "frivolous" questions may not arise.

James Astill's Dazed Denial

So I tracked down, Shri James Astill, who is the South Asia correspondent for The Economist, who speaks French,Japanese and Spanish but no Hindi, Urdu or Kannada and may be forgiven for not quite knowing the ways of us "lesser breeds without the law".

To Shri Astill's immense credit, I repeat immense credit, he did something extraordinarily humane.

He did something that very few Indians do.

He emailed me back.

Dear Divakar,

Though I am unversed in your various battles, I wish you success with them. But your effort to involve The Economist in this struggle seems odd: I'm afraid I can't see the connection. I don't why your comment was removed from The Economist website, though I suppose the fact that it seems to be not at all about the article you were notionally commenting on could be a reason. I imagine you can respond to the moderator asking for a fuller explanation. But we would not consider publishing your letter, for the simple reason that it is almost entirely unrelated to The Economist.

Best wishes,

James Astill

I have handraised a child and I know when she is dissembling.

The weak sarcasm is a dead giveaway.

Corruption is "not at all about the" the Indian economy ?

Did you read our Prime Minister's speech to our Central Bureau Of Investigation, Shri Astill ?

I will not grudge you the brownie points you may earned with Shri Khare's office, Shri Astill - but it doth seem like both Shri Khare and our Prime Minister are not on the same page.

When The Going Gets Tough Our Prime Minister's Media Advisers Appear To Go Nuts !

This was to the good folks at The Economist.

Ladies And Gentlemen,

I am shocked and disappointed by the admonishment administered to me by your Comments Moderator.

Only an hour before I received your email, I had spoken to Shri Harish Khare regarding the widely reported speech of the Hon'ble Prime Minister to the Central Bureau of Investigation, in which he has, once again shared his deep concern and understanding regarding the stultifying problem of "pervasive corruption".

Since our Prime Minister had spoken similarly to the CBI just three years ago, I confided with Shri Khare, who according to Wikipedia possesses a Phd in Political Science from Yale University on the subject of Perception In Decision Making, that it would have such a Gandhian act to have come clean on the matters that I have placed before the esteemed readers of your eminent publication and which I have extensively supported with documented evidence in my blog.

sathyagraha.blogspot.com.

Shri Khare appears to have taken the easy road and appears to have bare knuckled you into removing my comment.

Shri Khare was of course," just doing his job."

But I am deeply saddened that, just one hour after my call to Shri Khare, your esteemed publication has buckled under and removed a serious, factual and well documented comment, that had been on your site since five days and had received its fair share of approvals from your readers.

Please consider this.

About twenty years ago, alarmed and offended by a section of my co religionists "profiling" Muslims in the most derogatory manner, I conceived, researched, scripted, directed, edited and presented a documentary in Urdu, "Hyderabad. August 1948".

In this documentary, I had the opportunity to narrate the events leading to the tragic saga of Shoebullah Khan, the 28 year old editor of Imroose who had his right palm chopped off and who was shot dead because his writing had offended the Razakars of pre Independence Hyderabad. His second daughter was born a fortnight after his assasination.

This documentary was commissioned by Doordarshan, but it was only exhibited after nearly two years of wrangling.

This, despite the, or come to think of it, because of the encomiums that were heaped on it.

To get a sense of how my documentary was received, please read the review by Dr Sanjaya Baru, Dr Harish Khare's predecessor Media Adviser to Dr Manmohan Singh, then an editor of The Economic Times in my blog post Divakar S Natarajan And Varun Gandhi Cannot Both Be Wrong.

Responding to my signature campaign, in which Dr Baru was a participant and Dr Abid Hussain, former Ambassador to the United States the main resource person, the then Prime Minister of India, Shri P V Narasimha Rao, officially recognised Shoeb's sacrifice by granting a Freedom Fighter's pension to the widow of Shoebullah Khan , more than 40 years after his martyrdom.

Unfortunately, the Doordarshan authorities chose to take deep offense to my outspoken ( published in the editor's page of The Hindustan Times) resistance to what I perceived to be the "kickback raj" at Doordarshan.

The then Director General of Doordarshan, responded by vowing, "Your article in the Hindustan Times has defamed Doordarshan. As long as I am there, I will see to it that your work will not get done."

The former Chief Minister of Andhra Pradesh, Shri Chandrababu Naidu, made a representation to the Government of India, that I be commissioned as " a film maker of acknowledged eminence" to make films to celebrate the 50th year of Indian Independence.

His representation on my behalf was probably, the most popular he made.

It was supported in writing by the Centre, Left and Right.

Nothing happened.

To get a sense of how I was treated, please read the letter of the former Minister of Home Affairs Indrajit Gupta to the then Prime Minister Atal Behari Vajpayee.

In my blogpost De freezing Com Gupta I have documented how Shri Indrajit Gupta, a University of Cambridge Tripos, who was elected by Parliament as its first "Most Outstanding Parliamentarian" decided to most kindly befriend me after watching my documentary and the role played by Shri Harish Khare in publishing my impressions of the veteran communist leader in The Hindu.

The wise and pleasing liberality of the Bharatiya Janata Party in supporting the former Chief Minister's representation was a welcome surprise.

Incidentally, Doordarshan's conduct of the 50th Anniversary Celebrations were described as the "50th Year Racket" by the media columnist of Dr Harish Khare's former newspaper, The Hindu.

Despite the earnest views repeatedly and eloquently expressed by this Prime Minister and most of his illustrious predecessors, the unstated attitude of the Indian elite regarding "the scourge of corruption" is like the one expressed by Prabhu Chawla, Editor, India Today, India's leading newsmagazine and flagship of a most influential media conglomerate.

He says, " I think people have accepted it as a reality as they have lost hope in the political leadership." (Emphasis mine. Quoted in my blogpost
Why Prabhu Chavla, His Esteemed Publication And India's Editorial Class Have Decayed And Are Dangerous
Saturday, June 13, 2009.)
Given this infantile "it is you, it is them, it is most certainly not us" dissembling by a large section of India's intellectual elite, one that clearly questions their very reason for existence, I should probably not be surprised by the fact that India's editorial class and others have ridiculed my sathyagraha and made me a "non person".

The Prime Minister's Office has had months to refute my allegations. It has kept quiet.

Now it is trying to corrupt your esteemed publication and put the quietus on the uncomfortable truths that I seek answers for.

In the meanwhile, two significant pronouncements by other Chief Information Commissioners have validated my allegation that Shri Wajahat Habibullah has colluded in the violation of the RTI Act 2005 by the PMO and has punished me for standing up for its proper implementation.

You may also probably know that the respected security expert and writer B Raman had castigated Shri Khare's predecessor Dr Baru for allegedly indulging in" character assasination" of persons like him who had views contrary to that of the PMO and for running the Media like the "Gestapo" ( Asian Age and Deccan Chronicle "Is Dr Sanjaya Baru Running The Gestapo ? September 22, 2006)

When the going gets tough, our Prime Minister's Media Advisers appear to go nuts.

The rest of us recognise the imperative of endeavouring to exercise our imaginations constructively however arduous and futile it might seem at this moment.

I know this is a little longish, but I shall be grateful if you would kindly publish this letter.

In the best traditions of journalism, please let Shri Harish Khare know, in no uncertain terms, that he must throw his weight in the right
directions.

Do feel free to call me, if you need any more information.
My cell number is.......

Sincerely,
Divakar

Psychotic PMO Bareknuckles The Economist

Barely an hour after I spoke to Dr Harish Khare, currently media adviser to the Prime Minister and formerly one of the prime panjandrums of The Hindu's editorial page , I received an email from the Comments Moderator of The Economist.

It informed me that my comment on The Economist's cheery piece, Asia: An Astonishing Rebound was being removed.

The comment had stood since five days and had received its fair share of reader recommendation.

In my conversation with Harish Khare, he sounded about as distant and disoriented as our crepuscular elites are from the agonies of Indian citizens.

He did not remember me. "Indrajit Gupta? That was such a looong time ago !"

Khare had personally accepted my impressionistic profile of the late Shri Indrajit Gupta, then Minister of Home Affairs.

The Hindu, as the unofficial mouthpiece of the Communist Party Of India (Marxist) was involved in a serious sibling spat with the Communist Party Of India, Indrajit Gupta's party and was undermining him at every opportunity.

Since I was conveniently perceived as Indrajit Gupta's man by the wise heads of The Hindu, that was excuse enough for them to ignore my sathyagraha.

No, he had not read my comments in The Economist and he had no idea about the letters I had written to our Honourable Prime Minister.

And in the style perfected by India's babudom to rouse the monster in the breasts of even the meekest of human beings, he hung up on me.

"Hahn,okay,hahn!,by..." Click .

Approximately an hour later, I have this in my inbox:

CommentsModerator@economist.com
to divakarssathyagraha@gmail.com
date Wed, Aug 26, 2009 at 3:09 PM
subject divakarssathya's comment to Economist.com


Dear Sir,

The attached comment, posted under the pen name divakarssathya, has been deleted from Economist.com. The comment was removed because it breaks our comments policy:
http://www.economist.com/about/terms_and_conditions.cfm#8

We ask that future comments be made in the spirit of good-natured debate. Repeated violation of our comments policy will result in your being blocked from posting comments on Economist.com.

Yours sincerely,

Comments Moderator
Economist.com

Your comment:
----------
In my earlier comment, I had pointed out how the Indian ruling elite,The
Press, The Judiciary, The Bureaucracy and of course The Political Class work
together to do nothing, so that desperate citizens who value their sanity and
innocence can then prostrate to them, acknowledge them as their true fathers
and mothers,mai-baap, pay them a percentage of their income and eke out a
living as vassals.

You had kindly permitted me to invite your esteemed readers to my blog,
sathyagraha.blogspot.com, where i have documented how -

The Andhra Pradesh High Court has systematically denied me due process.

The State Information Commissioner has concocted a transparent ruse to
rubbish the RTI Act 2005.

The Chief Secretary, the top bureaucrat of Andhra Pradesh, has personally
supervised the false and misleading information that was fed to me and has
also lied to the High court. The State Information Secretary never
represented himself in the Court.

The Chief Information Commissioner, in New Delhi, has comprehensively
contumed the RTI Act 2005, has chosen to not examine the false claims of the
Prime Minister's Office and has punished me for standing up for the proper
implementation of the Act.

Not only has the Prime Minister's Office, violated the RTI Act 2005 it has,
perhaps inevitably, clearly kept the Hon'ble Prime Minister Dr Manmohan Singh
in the dark about their sordid juvenile delinquency.

The Prime Minister's Office has not answered, or even acknowledged my letter
to him sent by registered post, number 9700, dated June 15, 2009.

After a great deal of work by the concerned postal authorities, I finally got
the acknowledgment due for the Speed Post dated 28 July 2009 on 17th August.
The letter had been delivered to the PMO on the 1st August and normally, I
would have received the acknowledgment not later than a week from that date.

I had also described to you the President's helpline, launched with fanfare.

I finally received a response:

Name : Shri Divakar S Natarajan
Date of Receipt : 04 Aug 2009
Current Status : The petition is transferred
Date of Transfer : 19 Aug 2009
State Government : Government of Andhra Pradesh
Officer's Name : Shri C.R.Biswal
Designation : Principal Secretary
Address : General Administration Deptt.
3rd Floor, B Block, AP Sectt.,
Hyderabad
Telephone No. :

Note: You are requested to further liaise in the matter directly with
Principal Secretary, Government of Andhra Pradesh, General Administration
Deptt.3rd Floor, B Block, AP Sectt., Hyderabad for further information.

Well, if my President asks me to, I shall obey.

But are you and your esteemed readers, convinced that the President's
intervention in this form is adequate to address the issues that I have
documented ?

Or is it a, properly worded sigh of helplessness ?

The President Of India's Helpline Is A Waste Of Time.

Shri Christy L Fernandez,
Secretary to The President Of India,
New Delhi.

Dear Shri Fernandez,

When a citizen petitions the President of India, it is reasonable that he expects a comprehensive, well considered and honest answer.

He does not expect to be thrown back into the bureaucratic quagmire.

The following is a comment that has been published by The Economist:

divakarssathya wrote:
August 20, 2009 6:42

In my earlier comment, I had pointed out how the Indian ruling elite,The Press, The Judiciary, The Bureaucracy and of course The Political Class work together to do nothing, so that desperate citizens who value their sanity and innocence can then prostrate to them, acknowledge them as their true fathers and mothers,mai-baap, pay them a percentage of their income and eke out a living as vassals.

You had kindly permitted me to invite your esteemed readers to my blog, sathyagraha.blogspot.com, where i have documented how -

The Andhra Pradesh High Court has systematically denied me due process.

The State Information Commissioner has concocted a transparent ruse to rubbish the RTI Act 2005.

The Chief Secretary, the top bureaucrat of Andhra Pradesh, has personally supervised the false and misleading information that was fed to me and has also lied to the High court. The State Information Secretary never represented himself in the Court.

The Chief Information Commissioner, in New Delhi, has comprehensively contumed the RTI Act 2005, has chosen to not examine the false claims of the Prime Minister's Office and has punished me for standing up for the proper implementation of the Act.

Not only has the Prime Minister's Office, violated the RTI Act 2005 it has, perhaps inevitably, kept the Hon'ble Prime Minister Dr Manmohan Singh in the dark about their sordid juvenile delinquency.

The Prime Minister's Office has not answered, or even acknowledged my letter to him sent by registered post, number 9700, dated June 15, 2009.

After a great deal of work by the concerned postal authorities, I finally got the acknowledgment due for the Speed Post dated 28 July 2009 on 17th August. The letter had been delivered to the PMO on the 1st August and normally, I would have received the acknowledgment not later than a week from that date.

I had also described to you the President's helpline, launched with fanfare.

I finally received a response:

Name : Shri Divakar S Natarajan
Date of Receipt : 04 Aug 2009
Current Status : The petition is transferred
Date of Transfer : 19 Aug 2009
State Government : Government of Andhra Pradesh
Officer's Name : Shri C.R.Biswal
Designation : Principal Secretary
Address : General Administration Deptt.
3rd Floor, B Block, AP Sectt.,
Hyderabad
Telephone No. :

Note: You are requested to further liaise in the matter directly with Principal Secretary, Government of Andhra Pradesh, General Administration Deptt.3rd Floor, B Block, AP Sectt., Hyderabad for further information.

Well, if my President asks me to, I shall obey.

But are you and your esteemed readers, convinced that the President's intervention in this form is adequate to address the issues that I have documented ?

Or is it a, properly worded sigh of helplessness ?"

You have my cell phone number.

I will be delighted to receive your response at your earliest convenience.

Sincerely,

divakar.


PS Incidentally,

1. Political Secretary (GAD) CR Biswal is the same officer who supervised the stream of false and misleading statements, that I have documented.

2. He is no longer the Political Secretary (GAD). The current political secretary is Shri R M Gonella, with whom I have been in touch.

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.

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
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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
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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
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date Thu, Jan 15, 2009 at 5:23 PM
subject Judicial Game of "Pass the Parcel" ?
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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 !


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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.
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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 ?

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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