CHAPTER 175

175

THE REAL PLAYERS

The last mail was submitted to Her Excellency the President of India on 5 April 2011. The same mail was sent to the Supreme Court, Indian Army, Indian Air Force and the Election Commission of India. It was posted in the blog www: howeverythinghappenedinindia.blogspot.com and a link was given to www.thattan.com

A top General of the Indian Army on 5 April 2011 said that India was facing a threat from the Chinese troops along the Line of Control (LoC). He added that it was keeping its troops along the 778 –km LoC between India, and Pakistan. Apparently, it is converting India into its vassal state in this way.

The Supreme Court on 6 April 2011 quashed the decision of the BJP Government of the Madhya Pradesh state that allotted land to a trust.

In the above matter, the learned judges did not say that they were not competent to question the wisdom of the Government. The fact that it is a matter of policy did not deter them from recovering the lost assets. Such judges would demand the restoration of all the lost assets.

Had the case been in the hands of the Chief Justice S.H. Kapadia, he would have rejected the case as a matter of policy decision.

The above judgment shows that it is incorrect to say that all judges are corrupt. In fact, there is a warring within the Supreme Court. The Chief Justice of India and his supporters must surrender before this judgment.

Mr. Anil Ambani on 5 April 2011 said that he committed some mistakes in the 2G spectrum matter.

Mr. Raja, former Union Minister for Communication, said that he did not commit any mistake, but the Supreme Court sent him to jail. Another man says that he committed some mistakes, but the same court protects him.

An apparent tragedy in the above case is that there are two categories of offenders. In one category, the majority share-holders remain in jail. In another category, the servants of the majority share-holders remain in jail.

A Supreme Court bench comprising S.S. Nijjar and B. Sudershan Reddy on 6 April 2011 wanted the Chhattisgarh State Government to tell under what law Koya commandos were appointed to fight the militant people. The court observed that the policy of giving arms to the people to fight the militant people is a dangerous one. The bench, finally, directed the Government to file an affidavit.

The Union Government on 6 April 2011 referred the Cairn Energy matter to the Cabinet Committee on Economic Affairs headed by Mr. Pranab Mukherjee, Finance Minister.

In this matter, everyone would agree that but for this work, the Vedanta would have bought the Cairan Energy.

A Supreme Court bench comprising Justices H.S. Bedi and C.K. Prasad granted bail to the civil rights activist Dr. Binayak Sen. A trial Court in Chhattisgarh in December 2010 sentenced him to life imprisonment for allegedly helping the militant people in setting up a net work. The bench observed, “He is a sympathizer. Nothing beyond that... Mere possession of pamphlets on Maoists and Naxalites at house would not attract the charge of sedition.

It must be noted that under the aegis of “Free Binayak Group” the community had organized nation wide signature campaign and submitted petitions to the Prime Minister of India and the Chief Ministers of Chhattisgarh and Tamil Nadu states to intervene and release Dr. Sen. The media did not report it.

Anyone going through this work would tell that the Supreme Court might have taken into consideration the message of the 174 letters while granting bail.

Ms. Niira Radia told the CBI that Mr. Sharad Pawar, Union Minister, was controlling the Swan Telecom through D. B. Reality. Swan Telecom had been charge-sheeted in the 2G spectrum scandal. There is no reason for her to tell a lie now. But, Mr. Pawar refuted the allegation. The CBI shall not hide anything from the people in this matter.

Further, it is imperative that the competent authorities must reveal the assets of all Union Ministers.

Mr. Hisan Baburao Hazare - also called Anna Hazare- called off his five day old hunger strike on 9 April 2011 after receiving a Gazette notification for anti-corruption Bill called Lok Pal that is under discussion for the last 18 years. Had he been aware of this work, he would have demanded the creation of a Super Supreme Court.

The media gave great publicity to his strike. They described him as an anti-corruption crusader and conscience keeper of the nation. Some described him as the modern day Mahatma Gandhi. In fact, the media was fast creating another Gandhiji. He, in turn, considered him as an incarnation.

He wanted Mr. Shanti Bhusan, an advocate of the Supreme Court, and his son, Prasant Bhusan, another advocate of the Supreme Court, in the 10-member drafting committee. As these advocates enjoyed the support of the industrialists, the Government obliged.

A CD - sent by a hidden hand - had reached the TV channels before the first sitting of the committee. As per the CD, Mr. Shanti Bhusan wanted Re. 4 crore to ‘fix’ a case pertaining to Mr. Amar Singh and Mr. Mulayam Singh Yadav, through the aid of his son, Mr. Prasant Bhusan.

Many cases of national importance, inclusive of the 2G spectrum case, are in the hands of the judge involved in this matter. Unless otherwise denied, the judge could be Justice G.S. Singhvi. The matter is in the Supreme Court again. The case might be “fixed” to save the judge and the rest.

In this connection, the people repeatedly doubted the honesty of the learned judges of the Supreme Court in charge of the important cases. As the advocates did not demand the recovery of the ill-gotten wealth, the people pointed out that the 2G spectrum case was a Private Interest Litigation.

Further, Mrs. Pratibha Devisingh Patil, President of India, might have asked the Chief Justice – based on this work- to change the present set of judges. But the Chief Justice did not obey anyone.

It is now clear that the Chief Justice of India is consciously “fixing” judgments after judgments in bad faith.

Now, the Chief Justice of India and the judges involved in fixing judgments shall not do any judicial duties. All the present cases of national importance must be transmitted to new benches. Five senior most judges shall constitute the new benches in good faith.

The CD caught the Chief Justice of India red-handed. As it disturbed him, he on 16 April 2011 said: 1.The judiciary should not act as super legislature to weigh the wisdom of legislation.

2. The political leadership should not give protection to corrupt judges.

3. Judges should not accept post retirement assignments.

4. The judges must eschew contact with the lawyers.

5. The obligation of judge must start and end with his analysis of law, not just personal beliefs or preferences.

6. The judges should not substitute the decisions of the legislative bodies with their own socio-economic beliefs.

7. The courts should understand the thin line between law and governance.

8. The challenge before the judiciary is how to respond to unreasonable criticism of courts.

9. The habit of thinking impersonally, without regard for the worldly advantages or disadvantages of an opinion or an action is ethical thinking.

10. The man interested in him is not admissible to ethical thinking.

11. Acting on Public Interest Litigations; the courts passed many orders based on Article 21. Its jurisdiction is that the other branches of government have failed or are indifferent to the solutions of the problem. In such matters, the court is acting in advance of the political branches of the government. However, we do not have the competence to make policy choices and run the administration.

12. We, the judges, must remember that the validity of our decision cannot rest on popularity. Resisting the pressure to please the majority is the strength of the judiciary, not its weakness. Judges inevitably end up in the political arena in deciding controversial cases.

13. The legislature is accountable to the electorate. The executive is indirectly accountable to the people through the elected legislature. Power is given on trust and judicial power is no exception. Like other public institutions, the judiciary must be subject to a fair criticism.

The Chief Justice recently cancelled the appointment of the Chief Vigilance Commissioner (CVC) and enacted a law for appointing the CVC. Now, he says the Supreme Court shall not enact any law.

The above case was fixed by the Chief Justice. Now, there is no CVC to question the learned judges of the Supreme Court.

Similarly, a Bench constituted by the present Chief Justice enacted a law for a Common Entrance Test without recommending even a common syllabus. It was a “fixed” judgment. The Chief Justice has not annulled the judgment by constituting another bench.

The BALCO law also has not been cancelled in clear terms.

Now the Chief Justice propounds the law that Courts shall not review the constitutionality or otherwise of the policy, laws or acts of corruption of the Government because judges do not have the competence to weigh the wisdom of legislation.

In this way, the Chief Justice of India says that he is not competent to judge. Therefore, he should not hear any case that requires the competence to judge the constitutionality or otherwise of legislations.

A judge must have the ability to distinguish between the right, and the wrong. It was mentioned in Chapter 94.

Obviously, the nation is in need of a team of competent judges to judge the wisdom of legislation.

This is very important because there are and there can be no advocate in India to resist the onslaught of money power.

The Election Commission of India (ECI) conducted elections to some states without enforcing freedom of expression. It showed to the people that there were no people apart from the leaders of the present ruling and opposition parties.

At the instance of the ECI, the police took into custody even people carrying Re. 2000/- and released them later. This happened in the Tamil Nadu state on the eve of the election.

In contrast, the Congress Party openly sent Re.100 crore in one installment alone to the Kerala state for the election. One person got Re.30 crore and he distributed Re.10 crore only. Some TV channels in Kerala reported this. The ECI chose not to locate the source of this money. The ECI is following its own law in this matter.

In this connection, it must be pointed out that two newspapers threatened to eliminate this writer for this work. The Chief Election Commissioner gave an interview to one of the editors of these papers on 16 April 2011.

The Law Ministry on 14 April 2011 clarified that the date of birth mentioned in the matriculation certificate could be used as a valid document for date birth proof. If this clarification is accepted, Army Chief Gen. V.K. Singh, will get an extension of one year. He will retire in June 2013.

The Army Chief should have obtained this clarification long ago. Now this should not affect the vigil of the armed forces. He has many duties. The welfare and well being of the soldiers and the people must be uppermost in his mind.

In this connection, it must be stated that the personnel of the Central Reserve Police Force are getting the allowances every month, but not the soldiers of the armed forces. If the Supreme Court is ready to do its duty, this will not happen. The Chiefs of the armed forces could bring this to the notice of the Supreme Court.

In the meantime, the present writer posted “The rule of Mr. H. D. Deve Gowda as the Prime Minister of India” in the blog: www.momentousmonths-india.blogspot.com

The Shipping Corporation India (SCI) acquired two Supramax bulk carriers from China through global competitive bidding.

The Government at one time wanted to sell the SCI, This work prevented this. Now, the Government wants to buy ships for the SCI! The Supreme Court says that it is not competent to distinguish between the right, and the wrong in this matter.

In this connection:

1. China is deceiving India by talking about the trade deficit.

2. It is importing raw materials from India and exporting finished products.

3. It is not coming forward to solve the boundary question.

4. It has not abandoned its naval base in Sri Lanka.

5. It does not intend to vacate even from Bangladesh.

6. It is supplying nuclear reactors to Pakistan.

7. Even buttons come from China though illegal routes. An Indian cannot survive even by making ball point pens.

8. China is giving commission to some industrialists for buying Chinese goods through global competitive bidding.

9. No effort has been taken to confiscate the illegally imported plastics items and others. (But the nation is confiscating trucks that carry bricks.)

10. The army says that India is facing a threat from China along the LoC.

In these circumstances, any import from China by anyone before neutralizing the trade deficit is a treasonable offence.

There are reports that Vedanta bought 11 per cent of the shares of Cairon Energy for $2.1 billion from a person from Malasia.

When the Government permitted the conversion of public assets into foreign exchange, the underground mole considered the foreign exchange as dead money.

When they wanted to sell Cairan Energy and Reliance Petroleum, they said that India would earn precious foreign exchange exceeding $20 billion.

The Chief Justice of India says that he could not distinguish between the former, and the latter.

Now, when a man buys property for, say, Re. 5 lakh he must pay Re.50,000/- as stamp duty.

But, for buying the life blood of Indians for about $2.1 billion, the buyer need not pay any stamp duty. The transaction takes place in foreign countries.

The Chief Justice cannot distinguish between the right, and the wrong in this matter also. But, the people consider this as an act of corruption and demand the take over of all natural resources.

There are reports that Sri Lanka killed four Indian fishermen in this week. India maintains an armed force not to help the Government to convert public assets into private assets alone.

A Supreme Court bench comprising Justice P. Sathasivam and Justice B.S. Chauhan on 21 April 2011 cautioned the judiciary from behaving as super legislative bodies. It is another judgment “fixed” by the Chief Justice of India.

It is not clear whether the above judges approve the laws enunciated by the BALCO, Common Entrance Test and the CVC judgments or not. In fact, none understands the meanings of words corruption and super legislation.

Any judge could describe an act of corruption as an act of wisdom. Similarly, an unconstitutional legislation could become constitutional one

Now the words of the above judges superimpose over the words of the Chief Justice of India.

It must be firmly stated that there exists no separation of powers in India. The Judiciary, the Legislature and the Executive directly take orders from the underground moles. Their thinking faculty remains above their throat. Yet, they “fix” all judgments of national importance through the Chief Justice of India.

Similarly, when the armed forces obey the executive, they invariably obey the underground moles. In the Sri Lankan Tamils issue, the executive obeyed the underground moles. The armed forces, in turn, obeyed the executive. Mrs. Sonia Gandhi –the ruler of India- has not denied this. Now, everyone thinks that she was behind the destruction of the Tamils.

All decisions pertaining to the economy are also taken by them. Dr. Manmohan Singh, Prime Minister of India, simply obeys them. When the decisions violate this work, he touches his eye to tell this writer that he is helpless!

Now, the acts of corruption are the acts of : 1. Transmitting natural assets to some people. 2. Investing public money into the stock-market. 3. Transmitting Provident Fund (PF) and Pension Fund money to some individuals. 4. Importing things to enable some people to get commission 5. Allowing tax exemption for the money invested in the hands of private individuals and 6. Denying freedom of expression with the intension of covering up acts of corruption.

Incompetent and mentally corrupt judges will consider the above as policy decisions and ignore them.

But, the competent and honest judges will consider the above as acts of corruption.

Thus, the acts of corruption are not a matter of law but a matter of attitude.

Just like the Prime Minister of India, Mrs. Sonia Gandhi - the ruler of India – and the Union Ministers are poor players in the hand of the underground moles. They are like Justice K.G. Balakrishnan only. If the Supreme Court allows, they will give the money and rule. Otherwise they will not give.

Evidently, the real players are the learned judges of the Supreme Court. They must at least calculate the amount they daily give to some people. In fact, they are solely responsible about $1 trillion given to some people.

Now, the Government would use the above judgment to transfer about $140 billion present in the PF and in the Pension Fund accounts to three or four boys close to the rulers within a month. The Supreme Court is, again, solely responsible for this act of corruption. No new Act is necessary to describe this.

If any judge has any doubt, he could publish this chapter along with the judgments that reject this work. Let the people decide the matter.

In fact, if one took the veils and black robes and colours and gestures from the Chief Justice of India and the learned judges involved in fixing judgments, just enough would be left to scare away the crows.

The facts from 5 April 2011 to 20 April 2001 are being submitted to Her Excellency the President of India on 21 April 2011.

V.SABARIMUTHU

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