Ramanisblog

Tag: Supreme court

  • Indiffernce Justice Constitution Rajiv Killers Release.

    Tamil Nadu Government has passed a Resolution to day in the State Assembly asking the Central Government to free the convicted killers Santhan, Perarivalan,Murugan and Nalini following he Supreme Courts canceling the Death penalty awarded to them.

    Crux of the reasoning by the Supreme court is the inordinate delay by the President on the Mercy petition submitted to him by the accused.

    The Presidents have slept deliberately fearing electoral repercussion to the ruling Party.

    The wanton delay/indifference is about to set the convicts free.

    There is also an orchestrated campaign casting aspersion on the nature of evidence against the Convicted.

    All these issues have resulted in making a mockery of Judgment awarded.

    So if one, who is condemned by Hanging, wants  to become free,he  needs to file a Mercy Petition, take care of the Powers that be and one will get freed.

    In the present case the worst point is that this issue has triggered a crisis of sorts between the Center and the State. with Tamil Nadu declaring that The State Government will unilaterally set the convicts free, if the Center does not release   them with in three days.

    J.Jayalalithaa quoted section 432 of State’s powers on this issue!

    With elections arounfd the corner Justice is a Casualty!

    Rajiv Killers to be freed?
    Rajiv Killers to be free?

    Story:

    The Tamil Nadu government has decided to release seven people convicted in the assassination of former prime minister Rajiv Gandhi, including Nalini Sriharan, in a politically loaded move that is likely to set off a battle for credit ahead of the national election, due by May.

    Chief Minister Jayalalithaa’s cabinet met this morning and decided to free the convicts a day after the Supreme Court left it to the state to grant them remission. The state government, however, has to consider the Centre’s views.

    The convicts have been in jail for 23 years.

    Nalini Sriharan, the wife of convict Murugan, was granted mercy in 2000 on the intervention of Rajiv Gandhi’s widow, Congress president Sonia Gandhi.

    The top court had yesterday spared Murugan, Santhan and Perarivalan from execution, citing the 11-year delay in a decision on their mercy plea. The court rejected the government’s view that the convicts did not deserve mercy as they had shown no remorse and there was “no agony, torture or dehumanizing effect due to the delay.”

    The largely pro-Lankan Tamil sentiment in the state gave a political twist to the assassination case, which has been inextricably linked to Tamil Nadu’s electoral politics over the years. All parties have joined calls for the convicts’ release; even Congress politicians from the state have not opposed it.

    Source:

    http://www.ndtv.com/article/india/seven-rajiv-gandhi-killers-including-nalini-sriharan-to-be-freed-decides-tamil-nadu-government-485296?curl=1392817065

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  • Indian Defense Ministry Forges Court Orders

    There are quite a few scams that go unnoticed, like the Thorium being stolen in Tamil Nadu.

    Forging Court Orders
    Defense Ministry Forges

    Please read my post on this.

    We also know of Adarsh Scam,2G,ISRO, Antrix Devas,CWG,Maharashtra Irrigation.Kalaignar TV,Mining scams in Goa Karnataka……. the list is endless, not to forget Westland Helicopter scam in which Sonia Gandhi was named in an Italian Court.

    Most of us imagine that if the Court delivers a verdict or instructs the Government the issue is taken care of.

    It is another matter that the Government through CBI may with draw, close the case or even the Courts fudging the issue.

    But how many of us know that the Government, after receiving Court Orders does not follow the action advised by the Court but worse, changes Court’s orders?

    Or that it simply ignores them merrily and goes ahead exactly in the opposite direction?

    The Ministry o f Defense ,India , through its Secretary changes the Court’s Order to suit the Government!

    And the black listed Firms for Corruption are not blacklisted but are on the active list of approved vendors?

    Read this fraud perpetrated on the Defence Personnel.

    ”

    Shashi Kant Sharma, erstwhile Defence Secretary (now CAG) is to stand in the Supreme Court on 13th February 2014 along with his other cronies from MaD in response to SC summons in wake of a 49-page contempt petition filed by the Retired Defence Officers Association (RDOA) in the apex court over non-implementation of the court’s September 2012 order – summons that came in wake of non-implementation of the SC order to MoD (read MaD) to pay the dues it owes to the former defence officers vide the said SC order. It is quite public by now that the ‘rank pay case’ was initially fought by Major Dhanapalan and later RODA too took up the case and moved the court. After years of legal battle, the SC had envisaged re-fixation of pay for all affected military officers for Rank Pay with effect from 1st January 1986 – the date of implementation of the Fourth Pay Commission. However, the MaD in its implementation order of the December 2012, based on the SC verdict, very mischievously changed it to “as on 1st January 1986” – while Shashi Kant Sharma was the Defence Secretary. The SC summons say, “You shall attend the court in person and shall continue to attend the court on all days thereafter to which the case against you stands adjourned and until final orders are passed on the charge against you. Herein fail not.”

    Whether Shashi Kant Sharma will be present in SC on 13th February or feign a heart attack like Musharraf is not known but what he and his MaD cronies symbolize is the essence of the MaD Club’s contempt to those in uniform plus those who have hung up their boots. This is also the reason why they have been stonewalling all attempts to rectify the politico-military disconnect. There was talk of rewarding Sharma’s services to the mafia in breaking the institutional integrity of the military and concert with Goolam Vahanvati, the Attorney General. While the latter got an extended tenure, this can hardly be the only reason for Sharma to be appointed CAG anyway. The surprising part is that despite willfully committing contempt of the SC order with respect to the rank pay case and the fact that the contempt notice was sent when Sharma was still the Defence Secretary, he was still appointed to the high constitutional post of CAG. So the services that Sharma rendered to the ‘supreme mafia’ must have been of very exceptional order indeed. The real reasons perhaps will never been known but maybe one of the reason could be that Sharma happened to be the DG (Acquisition) of MoD when the Augusta Westland Helicopter deal was signed in 2010. Now it quite logical that it is the DG (Acquisition) who signs papers, negotiates the cuts and decides who gets what including the delivery mode. So when India has already paid 45 percent of the deal value, it is no way the deal would have been signed without the ‘cuts’ on the total deal (100 percent) having been delivered at required destinations. So, no one is fooled by the amount mentioned with respect to the Tyagi brothers which is small pocket change. Then, the Augusta Westland helicopter scam is a recent case. Shashi Kant Sharma was in the MaD club for over a decade. So, his ‘exceptional services’ would have gone way beyond the above two issues when so many more major defence acquisitions were made.

    The Augusta Westland deal has been cancelled and probably one odd guy will be asked to return his / her cut that will be quietly made known to the environment, like it happened when the Eurocopter deal was cancelled and just one fellow was asked to return a few million Euros but then immediately given solid immunity by moving him as Governor. So in the Augusta Westland helicopter deal too, the balance will retain the moolah as part of future investment that is adjustable at the international arms industry level. And yes, the probe agencies would not dare to question top bureaucrats like Defence Secretary without government approval but then who do you think constitutes the ‘supreme mafia’? If you still are wondering then perhaps you need to read Gen. VK Singh’s autobiography that tells you that the corruption trail from MoD goes right up to the PMO. You would probably dub it a flight of fancy especially since we have such a clean Defence Minster but then you get wondering if the reported losses in crores of Air India includes the Rs 28 crores paid to the Defence Minister’s spouse by AAI for four of her paintings to be put up at civil airports. The appointment of CAG is arbitrary by the government, whereas the selection should be through a committee / collegiums constituted for the purpose. Then what about the Defence Minister’s penchant to ban firms at the drop of a hat and pray what is the criteria for lifting the blacklisting? Who does the inquiry and examination? Since it is all in-house you can well assume what the main criteria would be? This was a classic query with regard to the 155mm gun displayed at DEFEXPO 14 by Denel, a firm till recently blacklisted. Look at the manner in which the procurement of the Barak anti-air systems approved in 1997 for our Navy was kept in abeyance for several years.

    Historically, the foundation of MaD can be traced to the Nehru’s disdain for the military and Krishna Menon, his blue-eyed Defence Minister who masterminded the first defence scam of independent India (Jeep Scandal), brought the country to shame in 1962 by ignoring basic military equipping, and yet ended up with a road in the heart of New Delhi Krishna Menon Marg) replete with his bust installed on a pedestal and an annual garlanding ceremony.

     http://www.theindianrepublic.com/tbp/secrets-mad-100026533.html#sthash.EyaTzQxN.dpufD

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  • SC Judge Tejpal Rape Cases Truth Is Somewhere Else

    Recently a spate rape cases have been reported.

    First came from  Lawyer that Supreme Court Judge,Since retired,, has attempted to rape her, though it has been put in polite terms, in  a law site.

    ”

    Rape complaint Online.
    Lawyer complains of Rape.

    In Delhi at that time, interning during the winter vacations of my final year in University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester. For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather. I won’t go into the gory details, but suffice it to say that long after I’d left the room, the memory remained, in fact, still remains, with me.

    So what bothered me about this incident? As a conditioned member of the society, I had quickly “gotten over” the incident. But was that what worried me: that I had accepted what was essentially an ‘unacceptable’ situation. The more I thought about it, the more I realized that the crux of my unease lay in my inability to find a frame in which to talk, or even think, about my experience. While the incident affected me deeply, I felt little anger and almost no rancour towards the man; instead I was shocked and hurt that someone I respected so much would do something like this. My strongest reaction really, was overwhelming sadness. But this sort of response was new to me. That I could understand his actions and forgive him for them, or that I could continue to think of him as an essentially ‘good’ person, seemed a naïve position that were completely at odds with what I had come to accept was the “right” reaction to such incidents.”

    Very Sanctimonious indeed.

    One waits nearly a year, that too a Lawyer!

    As an excuse.’conditioned member’?

    Now she has become unconditioned?

    I did not feel angry but sad?

    More wish-wash.

    Can you check into your Psyche and come with another explanation for your emotions and reactions?

    Very nice.

    People with no sense of Right or Wrong, even when you are wronged?

    Something wrong somewhere.

    Now more people have come out alleging sexual misconduct in the Bar, Justice department.

    Why have they not reported immediately?

    For personal safety or Gain?

    Has some one been compensated or not compensated earlier?

    Now we have one more on Tejpal of Tehelka for misbehaving with a colleague.

    Now there is a version it is consensual!

    I have posted earlier that these accusations of Rape, if not reported immediately cast a doubt on the motivations of the victims?

    Is it pecuniary,or Professional advantage one is looking at?

    When these are secured are complaints made?

    Or are they made because the obligations are not met?

    In cases of this nature, rape gains the Headlines and Truth may lie somewhere in between.

    Pressure mounted on former Tehelka editor Tarun Tejpal as the Goa police on Friday said a first information report (FIR) had been lodged against him on charges of sexual assault and rape. The state police officials were said to be examining CCTV footage from ThinkFest, an event organised by the magazine, and the Grand Hyatt hotel where the alleged incident took place earlier this month. Delhi police visited Tejpal’s residence in the evening.

    As angry reactions from politicians and activists poured in, Tehelka’s Managing Editor Shoma Choudhary told a TV channel that there was a “second version” of the incident, which she had dismissed before accepting the survivor’s demand for an unconditional apology. She said a complaints committee set up by the magazine underUrvashi Butalia to investigate the matter would include members from outside the organisation and the second version would be presented before them.

    Satish Mehta, director, Anant Media, which runs the magazine, said he would speak on the matter on Monday. Mehta is also a director in several Alchemist Group companies, run by Chandigarh-based Trinamool Congress leader Kanwar Deep Singh. Singh, who owns Anant Media through his investment companies, did not reply to phone calls and text messages. Trinamool Congress MP Derek O’Brien, who had tweeted on Thursday saying that Singh had told him that he did not own Tehelka, said he had already aired his views on TV. In a tweet thereafter, O’Brien said, “Getting calls from pink papers as to who owns Tehelka. Don’t know, don’t care. Only concern is the sexual assault case.”

    Tejpal in a statement said, “There have been serious allegations cast on me in this last week, and unfortunately as sometimes happens in life, the complete truth and the need to do the honourable thing can come into conflict. In this case this anguish was accentuated by the fact that very many intimate people, professional and personal, were involved.”
    http://jilsblognujs.wordpress.com/2013/11/06/through-my-looking-glass/

    http://www.business-standard.com/article/current-affairs/tejpal-booked-for-sexual-assault-rape-113112200568_1.html

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  • High Court Condones Corrupt Judge

    Often the Courts get on a High moral ground and starts preaching to lesser mortals on Morality,Accountability, Integrity and Model Behavior.

    But when it comes to a question of issues concerning Judiciary and its Judges, it becomes coy and many a times out right disgusting.

    Remember Veeraswamy of the Supreme Court ,the first Judge to have been found corrupt, the time it took to sentence him, I still do not know whether he served the term in the slammer,the political hurdles and the Judicial apathy.

    Every one knows , in India, Judges can be bought, right from the Magistrate to the Highest court in the Land.

    Instituting ‘Contempt of Court‘ proceedings against the complainants is a favorite pastime.

    Now read the story where a CBI Judge confirmed felon is being protected by the High Court.

    Story:

    A Punjab and Haryana High Court decision to halt the framing of charges in the graft case against its former judge Justice Nirmal Yadav raises disturbing questions about judicial accountability

    When Anupam Gupta, special public prosecutor for the CBI in the “cash at the doorstep” corruption case against former judge of the Punjab and Haryana High Court Nirmal Yadav, burst out in anger against the High Court’s recent decision to halt the framing of charges against her, it cast a shadow of disquiet on possibly the most watched prosecution of a judge in the higher judiciary in recent times.

    In a written statement he said, “I am deeply distressed by the High Court’s order passed today. It betrays an insensitivity to judicial corruption that cannot be viewed with equanimity. The High Court cannot have a dual approach or standard — one for judges and another for all other accused. Would the High Court have passed this order if the principal accused had not been a former High Court Judge?”

    His statement, duly reported by newspapers, was greeted by pin drop silence in the legal universe. That Mr. Gupta is a well known activist on judicial accountability is one reason why his outburst was not immediately dismissed as a mere reaction to a legal setback in court. The other is, because each time in the last couple of years it appeared that the case against Justice Yadav would be dropped, the lawyers of the Punjab and Haryana High Court rose as one to ensure its continuation.

    Revision petition

    Justice Nirmal Yadav is being tried for allegedly receiving illegal gratification of Rs.15 lakh in August 2008. The money was wrongly delivered at the residence of another lady judge of the High Court, who reported the matter to the Chandigarh police. In March 2011, the President granted sanction to prosecute her under Section 19 of the Prevention of Corruption Act and she became the first serving high court judge in the country to be charge sheeted in a corruption case.

    In July this year the CBI court in Chandigarh finally ordered charges to be framed against her, but Justice Yadav filed a revision petition before the High Court against the order, saying that it was “illegal, erroneous and untenable in the eyes of the law.” Hearing the petition, Justice N.K. Sanghi summoned the entire record of the CBI court and directed that her petition be heard within three months. This in effect means that until the High Court decides on her petition, the trial will remain frozen before the trial court.

    Source:

    http://indialawyers.wordpress.com/2013/10/14/getting-its-own-off-the-hook/

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  • 3.The Bofors Lane

    The ruling Party , as of now, is a monolith.

    Bofors Information.
    Bofors Information.

    Curiously, it is a Party, born of Democratic principles, is being run by a Single,extra constitutional, non accountable person.

    People say, it is run be remote.

    No, it is run hands On, only difference the physical hands on different.

    Secure in the knowledge that the potential leaders of Stature have been destroyed, puppets and sycophants without popular base having been installed,, the High Command( a misnomer,there is only One Command Center, why  talk about a High Command?) is audacious to pull anything and get away with it, including the Media.

    A pre-election strategy session is in progress, with the Finance Minister, who listens only to his voice,Defence Minister, who does not know where China is on the Map,Home Minister, who can be guaranteed to shoot his foot in his mouth.two rabble-rousers in the Media, (one can talk endlessly, for he is a Lawyer, without a point and another expert at wild allegations on those who oppose the party and the High Command-often the High Command uses him to test their party’s reactions by asking him to make atrocious charges against their party men and on Policy Matter-used to test the waters and the high Command can also say that ‘the views expressed by him are his very own and the party has nothing to do it).

    Undaunted by firm circumstantial evidence of wrongdoing and corruption, the HC is planning a strategy session.

    In fact, it is a Plan of Blackmail, Bullying and carrots.

    Inevitable roasted cashew nuts, Pakoras and tea are being served for the Assembled.

    Sitting by the side is an effeminate Prime minister, who understands The Bhagavad Gita and Lord Krishna when Krishna said

    ‘Of Languages, I am Silence’ ( Chapter 10-Vibhuti Yoga)

    Hc starts .

    So He is leaving for Chennai.

    Get 35 Lok Sabha seats and tell him he can have 110 seats for the Assembly election.

    Puducherry one Lok Sabha for us.

    The Emissary to Chennai,

    ‘ Madam, there is no election due for the Assembly now’

    ‘Don’t worry, we will arrange it, Our man in Guindy will see to it’

    Turning to Finance Minister,

    Tell the Home mInister to send an Internal Memo,to Home secretary, enquiring the progress  of  the Corruption case against the Governor on Chennai, mark a copy to the Governor Chennai and leak it to the Media, we have DTV which will do a nice job..

    Also inform the old man at Chennai that we getting pressure from the Supreme Court and the Opposition to apply for the cancel the bail of his daughter and some mining irregularity by his Grandson..

    Also drop by Puducherry, meet the present CM and ask him to merge his party after the elections, I will tell him to whom he should ally with once the dates are announced.

    Turning to the Lawyer com rabble-rouser,

    contact the Old Man’s nephew as if on your own for Dinner at my Home to-morrow night, make sure he is not at Chennai, when our Man is there discussing with his Great Uncle.

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    http://ramanisblog.in/2013/08/31/call-from-delhi/