186-Supreme Court of India -Criminal Breach of Trust and Conspiracy

186

Criminal Breach of Trust and Conspiracy

The last mail was submitted to Mrs. Pratibha Devisingh Patil, Her Excellency the President of India, on 6 September 2011. The same mail was sent to the Supreme Court, Indian Army and Indian Air Force. Signed xerox copies were sent by post to the Central Bureau of Investigation (CBI), Chief Information Commissioner (CIC), Chief Justice of India   and the Chief Justices of Chennai, Bangalore, Delhi, Mumbai and Calcutta High Courts.  It was posted in the blog www: howeverythinghappenedinindia.blogspot.com and a link was given to www.thattan.com

          The Business Line, on 12 September 2011, said that the economy was all set to a slow down.

          The Hindu published the answers of Chief Minister Oommen Chandy to some carefully selected questions in its issue on 12 September 2011. This is a small reward for the 82 acre plot given to the TCS by the Government of Kerala recently. The leader of the opposition, Mr. V.S. Achuthanandan,   did not attach any significance to this.

A Mr. Satfir Singh, submitted before Metropolitan Magistrate Tyagita Singh that Anna Hazare and his team had instigated the people to lay a siege on the houses of many Members of Parliament (MPs) and ministers to press their demand for an anti-corruption bill. Ordinarily, others would not have got bail for such offences because their motive was not curbing corruption. However, the Delhi Police, on 16 September 2011, told the court that they had not received any complaint.

In this connection, it may be recalled an MP said in Parliament that the supporters of Anna Hazare had attacked his house.

The Supreme Court is conspicuous by its silence in the above matter.

According to some reports, the CBI is investigating the assets of Reddy brothers in Indonesia. This is to find out whether they used the money earned by them - through illegal mining – to buy assets in that country. They are in jail now. The CBI is relentlessly questioning them

According to a theory, the act of sending all small entrepreneurs to jail would lead to the construction of India, and the act of using the public assets for public investments would lead to the destruction of India. The legality or otherwise is not the basis for the action of the CBI. Otherwise, the case booked under the official secret act would not have gone into oblivion. Former Supreme Court judge Santosh Hegde and the other crusaders of corruption are not ready to mention even the Medical Council of India (MCI) case. This theory could be called Santosh Hegdeism.

Mr. Ram Jethmalini, an MP and eminent advocate, declared that due to the sacrifice of the leaders, the humblest citizen in India got freedom of speech. This is, actually, his reply to this work. The New Indian Express published this - as a centre page article - on 21 September 2011.

Ram Jethmalini knew that the freedom of expression is the freedom of the people to know the views of others, and not at all the freedom to talk anything in a tea shop or write letters like this.

The people actually think that there exists 100 per cent freedom of expression in India.

But anyone going through this work will tell that there is 100 per cent denial of freedom of expression in India.

Otherwise, the people might have seen this work.

Incidentally, the view of Ram Jethmalini shows that the reputation of a judge of the Supreme Court is a function of his manipulation power.

The militant people, on 25 September 2011, killed an MLA and his body guard in the Orissa State. The learned judges of the Supreme Court might have compared the murder to the act murdering the judges. Yet they are not ready to take remedial measures.

The CBI, on 26 September 2011, submitted before the CBI judge O.P.Saini that former Telecom Minister Mr. A.Raja and Mrs. Kanimozhi MP committed offences under section 409 (Criminal Breach of Trust) read with section 120  (criminal conspiracy) of the Indian Penal Code (IPC) because they “dishonestly” disposed of the valuable 2G spectrum in violation of the “existing policies” and the eligibility criterion, in order to confer wrongful gain on some private companies.

The CBI said that three private telecom firms should also be charged under section 409 for their collusion with three public servants in getting the spectrum.   

The circumstances that forced the CBI to invoke sections 409 and 120 against Raja must be analyzed in the proper perspective.

The illegality is intrinsic in the decision of former Prime Minister Vajpayee to give the spectrum - arbitrarily - adopting a principle unknown to man kind. But the Supreme Court does not see any illegality in that policy.

 Further, former Prime Minister Vajpayee sold a few Public Sector Undertakings (PSUs) not only in violation of the Constitution of India but also against the guidelines devised for selling them. The Supreme Court knew this.

Above all, the present Government is continuously converting public money into private money with the knowledge of the Supreme Court.

But the CBI is afraid of using the word “dishonest” against the learned judges of the Supreme Court. Therefore, it is using the word against Raja so that the highest institution in India would undergo a metamophosis.

Therefore, the charge-sheet must be read as follows.

The learned judges of the Supreme Court committed offences under section 409 read with section 120 of the IPC because they “dishonestly” refused to enforce freedom of expression, and connived at the disposal of the valuable public assets and public money in an unconstitutional way and in violation of the “existing policies” and the eligibility criterion, in order to confer wrongful gain on some private companies.

As the Supreme Court cannot deny the above charge, it is not giving a reply to 185 letters.

Now, the media and the principal opposition party, the BJP, wanted the resignation of Union Home Minister Chithambaram because he –rather than Raja- was responsible for taking the licence route to apportion the 2G spectrum.

To the above, Prime Minister Manmohan Singh, on 27 September 2011, said that some forces –with the intention destabilizing the polity- were making attempts to force early elections. He added that Chithambaram enjoyed his full confidence. In this way he said that he – not Raja or Chithabaram - was solely responsible for taking the licence route.

 Manmohan Singh had been a bureaucrat. The manipulators had inducted him in the Union Cabinet even before asking him to face an election. Therefore, he knew the meaning of the move of the media.

 Chithambaram had been a lawyer. The manipulators inducted him into the Union Government directly. As the Finance Minister of India under Prime Minister Deve Gowda, he deposited the surplus money of the PSUs in the Unit Trust of India (UTI). During the period of Prime Minister Vajpayee, he advised him to sell the PSUs to private parties. Recently, he wanted to help some private parties to buy assets abroad. Therefore, when the manipulators turned against him, he became speechless.

The manipulators are not persisting with their demand. However, the fact that they demanded his resignation for four or five days is a great development in India. In fact, it puzzled the common man.

The Business Line, on 22 September 2011, said that a recently signed pact - between India, and Bangladesh - might open the door of India to Chinese fabrics. Some manipulators are doing round the clock work to convert India into a vassal state of China. They have to do this for the commission they received from China.

The Supreme Court, on 22 September 2011, ordered multi-layered security for Padmanabhaswamy Temple at Trivandrum. There would be a no fly zone above the Temple.

Now, the temple is a target of attack for the enemies. Therefore, there must be an Air Force station at Trivandrum. For this,   the measures taken to protect the buildings like White House, Parliament House may be implemented.

The Supreme Court did not issue any order to finish the valuation work within a few days.

In this connection, it must be stated that it is against public interest to take 8 to 12 months to do the valuation work. Any mathematician will tell that probability –rather than possibility- acquires credibility when there is large number of similar articles. Therefore, Supreme Court could ascertain the views of mathematicians in this matter and complete the valuation work within a month.

The Hindu, on 29 September 2011, reported that 22 Indian traders accused of diamond smuggling had been languishing in China for more than 600 days. The paper revealed that they had evaded $7.3 million in custom duties.

90 per cent of the toys and the other plastic items present in the shops all over India are from China. All are illegally imported items. Even blind men sell illegally imported Chinese articles. But India has no eye to see this. As a result, 90 per cent of the industries have perished. At the same time, Indian traders are languishing in Chinese jails. The Supreme Court is in the know of commission of this offence.

 

Mr. Prasant Bhusan, appearing for the Centre for Public Interest Litigation in the 2G spectrum case, told the Supreme Court bench comprising Justice Singhvi and Ganguly that the CBI was “dishonest” in its investigation.

The CBI is carefully shielding Prime Minister Manmohan Singh in the 2G spectrum case even though everything happened with his knowledge.  Further, the case is being monitored by the Supreme Court.

The CBI could be a biased one. It might enact a coup against the Government or Union Ministers. In these conditions, the Supreme Court takes charge of monitoring only to make the probe an impartial one. Naturally, an investigation monitored by the Supreme Court –ordinarily- cannot be a “dishonest” one.

Therefore, the above advocate used the word “dishonest” against the Supreme Court rather than against the CBI.

The learned judges chose not to take action against the advocate because they are not monitoring the case in an impartial way.  Naturally, the Supreme Court, as an institution, does not possess the critical energy badly needed to proceed against him.

 Union Finance Minister Pranab Mukherjee, in a letter to Prime Minister Manmohan Singh, on 27 September 2011, stated that several departments –department of the prime minister included - had played a role in the decision to adopt the license route for spectrum allocation.

The manipulators demanded the resignation of Home Minister Chithambaram because the 2G spectrum had been allotted with his knowledge. But, when Finance Minister Pranab Mukherjee said that everything happened with the knowledge of Prime Minister Manmohan Singh, the media went into a cocoon. This shows that they want to protect the image of the Supreme Court and the Prime Minister in the 2G spectrum case.

The direct consequence of the above development is that the Supreme Court would have to depend upon the media to save its face.

Mr. Prasant Bhushan told the Supreme Court bench comprising Justice G.S. Singhvi and A.K.. Ganguly, on 29 September 2011, that Reliance Group, Tatas and some others gave donations to a non profit organization just three days before the issuance of letter of intent for the grant of 2G licences. The CBI agreed that the donations were “suspicious”

To the total discomfiture of the Supreme Court, CBI senior counsel K.K. Venugopal , on the same day, submitted before the same bench that three officials of the Reliance Group, arrested in connection with the 2G case, might turn approvers. They had told the CBI that they were mere employees and in no way benefited monetarily.

The above developments show that some officers of the CBI remain under a state of motion. They are trying to execute the executioners! However, the Supreme Court might make them motionless. They might be even divested of all authority to unravel the case.

Whatever happens, the fact that some officials of the CBI dared to touch the men remaining under a six - tier security system is a remarkable one. No wonder the www.moneycontrol.com described the CBI action as “a figment of imagination”, “dream” “fiddling with this peculiar facts” “without any legal significance”  “projecting this for public consumption” and “cavalier attitude”.

The Hindu, on 30 September 2011, disclosed that the Union Government would borrow about Re. 4 lakh crore during 2011-2012.

The Union Government gave Re. 3.5 lakh crore in the Provident Fund (PF) to two or three people. They converted it into Re. 7.5 lakh crore in three years. Now, the Government is extracting Re.4 lakh crore from all over India.  Prabab Mukherjee  did not even think of recovering the money given to the UTI as bail out package. The Supreme Court was in the know of commission of this offence.

The Reserve Bank of India (RBI), on 30 September 2011, said that the international asset of the country stood at $ 435.6 billion, and the international financial liabilities stood at $ 669.2 billion. It disclosed that the direct investment abroad stood at $ 103.9 billion. It did not disclose the amount of public money converted into private assets abroad.

Mr. Tushar A. Gandhi, the great grandson of Mahatma Gandhi – in a centre page article in The New Indian Express on 1 October 2011 - claimed that the philosophy of Gandhiji was based on the cornerstone of truth, love, non-violence and peace, all of which were as old as the rivers and mountains. He added that the method adopted by him evolved from his philosophy.

The method of undertaking fasting and the call to the students through the media to boycott classes are to create violence and unrest. Even processions and public meetings would create unrest when the media work behind them. Therefore, the method adopted by Gandhiji was not at all a non-violent one. England tried to make it a non-violent one. Yet many people died due to the freedom struggle. Just as the media created Anna Hazare to perpetrate Santosh Hegdeism, Gandhiji was created to perpetrate slavery.

 Gandhiji could have –just like the present writer- persisted with writing letters to the competent authorities to achieve his goal, if he had any faith in non violence.

Justice K.N. Basha of the Chennai High Court, on 30 September 2011, quashed the 14 year old gift case against Chief Minister Jayalalitha.

The case was that she- while in office as the Chief Minister of Tamil Nadu- received Re. 2crore in demand drafts as birthday gifts in 1992.

The reason for quashing the proceedings was: 1. The “callous and inordinate delay” in completing the criminal proceedings. Citing the Supreme Court, the judge said that the petitioner’s constitutional right to speedy trial enshrined under Article 21 of the Constitution stood flagrantly violated and 2. As she had shown the Re. 2 crore gift in her Income Tax return, she did not commit any offence.

A chief minister could receive a huge amount as commission while buying and selling. Even for buying drugs there are commissions. A chief minister of Tamil Nadu could receive about Re.2000 crore every year as commission for buying liquor alone. Therefore, Re. 2 crore is a very small amount.

Further, Prime Minister Manmohan Singh had given to private parties more than $200 billion during his stint as the Finance Minister of India. He gave equal amount in the last seven years to some private parties. The gift he received for this favour was the posts of the finance minister of India and the prime minister of India.

After paying floral tribute at the Gandhiji’s statue in Geneva on 2 October 2011, Mrs. Pratibha Devisingh Patil, Her Excellency the President of India, touched the chin of a 10 –year old Indian girl.

President Pratibha Patil had secretly allowed her Government to give Re. 3.5 lakh crore to three boys. The recipients earned Re.4.5 lakh crore within three years. Further, she is continuously allowing her Government to transmit public money into the hands of private parties. After doing this heinous job, she is touching the chin of innocent girls!

Infosys Chairman NR Naraya Murthy, on 5 October 2011, said that the engineers coming out of the IITs were not of good quality.

When the present writer pointed out the fact that the mark obtained by a student in the IIT-JEE is not an index of his intelligence but an index of the coaching, the media did not publish it. Now, there is a great debate.

Army Chief Gen. V.K. Singh, on 5 October 2011, said that China had deployed about 4000 troops in Pak Occupied Kashmir (PoK).

The Union Government decided to establish 74 CBI courts to try corruption cases.

If the Supreme Court could allow the Government to convert public assets into private assets, even 7400 CBI courts would be useless. The prime minister would convert public assets into private assets without answering thousands letters from any citizen of India. In fact, the act of catching the small fish after sparing the big fish is fast becoming a human rights problem in India.

The Department of Vigilence and Anti   Corruption (DVAC), raided the premises of former DMK Minister Pannerselvam and his relatives. Earlier it had raided houses of former ministers K.N. Nehru, K. Ponmudy and T.M. Anbarasan.

The DVAC has raided at least 10 premises of each former minister. This shows that they might have earned about Re. 200 crore to Re. 2000 crore each. But it must be compared to the Re 4.5 lakh crore earned by two or three manipulators.

The Supreme Court is not doing anything to establish justice in India.

After receiving 184 letters of this writer, the Union Government requested the Supreme Court to redress the grievances of this writer.

The Supreme Court could have defined the acts of corruption to put an end to corruption.

Or it could have said “no” to conversion of public assets into private assets. This two letter word might have saved 1000 million people.

Alternatively, it could have enforced freedom of expression.

It is not ready to even publish the letter sent by the Department of Justice to the Registrar (Judicial) Supreme Court of India. 

Does the Supreme Court not walk among 1000 million people as if they were animals?

   The facts from 6 September 2011 to 6 October 2011 are being submitted to Mrs.Pratibha Devisingh Patil, Her Excellency the President of India, on 7 October 2011.

             The same letter is being sent to the Chief Justice of India, the Chiefs of the Indian Army and Indian Air Force, Central Bureau of Investigation (CBI), Chief Information Commissioner and the Chief Justices of some High Courts for necessary action.

V.Sabarimuthu.

26-3 Thattankonam

Vellicode

Mulagumoodu P.O. PIN:629167

Kanyakumari District