Friday, September 20, 2013

231. The Supreme Court of India

231

A BROAD INTERPRETATION

      The Union Minister, Mr. Kamal Nath, on 7 September 2013, said that the Prime Minister would be available for the Central Bureau of Investigation (CBI). He added that the CBI, under law, could question anybody.
    This was the stand of the Union Government before the receipt of the letter – No. 230 dated 7- 9- 2013 by the President of India.

    On 9 September 2013, Union Minister Manish Tewari said that all coal ministers from 1993 must be summoned.
    This was the stand of the government after the receipt of the above letter.
   Then the CBI simply retreated.
   It did not point out any illegality committed by Prime Minister Manmohan Singh.
        It must be noted that it did not see any illegality in the transfer of Re. 3 lakh crore in the Provident Fund (PF) to private parties.
  
       On 9 September 2013, the Indian companies asked the government to “shape up”. Otherwise - they warned- that they would expand their business abroad and deprive the Indian economy of their investments.
     Thus they say that they bought assets abroad not to make India rich but to deprive the Indian economy of their investments.
      In many cases they got public assets through simple paper adjustments, and removed a huge amount to foreign countries. Now they talk like this!

       Advocate Prasant Bhushan, appearing for former Cabinet Secretary TSR Subramonium and ex Naval Chief Admiral Nirmal Yadav requested a Supreme Court Bench headed by Justice H.L. Dattu to transfer the case to the Bench headed by Chief Justice Sathasivam. The reason cited was that a similar petition filed by the CPM MP, Mr. Gurudas Gupta, was pending before him.
     On hearing the above, Justice H.L.Dattu rescued himself from the Bench.
   He refused to pass any order.
    Apparently, the manipulators wanted to “fix” the course of the case.
   It must be noted that one or two TV Channels had levelled some charges against the present Chief Justice of India and the latter chose not to seek any explanation.        
     Evidently, the manipulators “select” the petitioners, advocates and the judges.  They keep the cases pending for years under gun point.
   It must be again noted that the names of the other judges in the Bench were not disclosed.
   The secretiveness of the Supreme Court is conspicuous.

   Punjab and Haryana High Court, on 13 September 2013, stayed the framing of charges by the CBI  against a retired woman judge, Nirmal Yadav, in the 2008 cash at – judge’s door scandal. The parcel contained Re.15 lakh in cash.
    This is how, say, the small miners corrupt the system.
    Fresh graduates are detailed to hand over money to ex -MPs to MPs, retired IAS/ IPS officers to serving IAS/IPS officers and prominent advocates to judges.
   Besides, they take care of the top political leaders – ruling and opposition simultaneously.     The only condition is that they must be prone to receive money indirectly.
   Usually, a grandmother or a servant receives the parcel.
   At times, they drop the parcel at the door.
    The Revenue Inspectors and Village Administrative Officers do not get money like this. However, they are free to collect, say, Re.1000/- or 2000/- from the truck drivers.
    In contrast, the big miners deny Freedom by controlling the media. Naturally, they select the leaders to rule India.
   This is the reason why complaints for the “Freedom” are useless.
   No political leader would refute it.

     A Supreme Court of India Bench headed by Chief Justice Sathasivam, on 13 September 2013, declared that the nomination papers of a candidate would stand rejected if he does not disclose the details of his assets and criminal antecedents.
    The judges had declared their assets in a website. When the present writer pointed out the shares of the judges in different companies, they quickly deleted them.
    The fact that they deleted their assets does not seem to discourage them from expecting the very same rare quality from the political leaders.

   President of India appointed Justices Shiva Kirti Singh and C. Nagappan as the judges of the Supreme Court of India. 
       With their appointment, the strength of the judges in the Supreme Court went up to 30 as against the sanctioned strength of 31. 
    There is no representation for Scheduled Caste after the retirement of former Chief Justice of India K.G. Balakrishnan.
    The sanctioned strength warrants six Scheduled Caste judges.
    The senior judges select the judges.     As there is no written examination, they could have easily located six persons belonging to the Scheduled Caste and then apportioned the rest among them. They did not do so.
     The bias against them is one of the reasons for the denial of Freedom. This has the effect of making all judgements unconstitutional.
    In his last judgement, Chief Justice K.G. Balakrishnan said that all natural assets must be handled by the government as mentioned in Chapter 139 dated 10 May 2010. Is it the reason for keeping them away? 

    Chief Minister of Tamil Nadu Jayalalitha, on 16 September 2013, requested Prime Minister Manmohan Singh to give Re.1500 crore for power projects. Finance Secretary had declined to approve it.
    She should have approached the Supreme Court for this money because it had allowed the government to hand over Re.3 lakh crore in the PF to private parties.

    Cricket player Sreesanth, on 16 September 2013, told the Board of Control for Cricket in India (BCCI) that under the threat of arrest of his close relatives, a statement was forcefully taken from him in a manner directed by the police.
    Instead of finding the veracity of his allegation, the BCCI banned him for life.
   “Slap a Case, Ruin a Life”. It happened in the case of Mr. Nambi Narayanan of Indian Space Research Organization (ISRO).
    Does the story repeat?
If so, what is the reason for it?

   The principal opposition party, the BJP, declared Gujarat Chief Minister Mr. Narendra Modi as its prime ministerial candidate. The manipulators were behind the selection and they started giving great importance to him.

        On 17 September 2013, investors of the NSEL said that the entire money of the NSEL was with 24 borrowers.
     The government had failed to monitor the functions of the NSEL. Now, the CBI fails to confiscate the assets of the culprits.

   Central Vigilance Commissioner Mr.Pradeep Kumar questioned the credibility of the CBI saying that it had been dragging its feet on many cases.
   Mr. Pradeep Kumar received 230 letters from this writer alone. He has not brought them to the notice of the people. Therefore, the people would question his credibility.

    A Supreme Court Bench comprising Justices A.K. Patnaik, S.S. Nijjar and Ranjan Gogoi, on 17 September 2013, asked the Central Empowered Committee (CEC) to submit a report about the mining violations by the big companies in the Odisha and Chhattisgarh States.
    The court formed the CEC in 2002.

   Mr. Pranab Mukherjee, His Excellency the President of India, forwarded the letter No.228 dated 16-8-2013 of this writer to the Secretary to the Government of India, Ministry of Defence. This writer received a copy on 17 September 2013.
         For the first time he has responded to a letter in one way or other.
    This shows that he does not set fire to the letters.
   The former President had referred four letters to the Supreme Court. The latter has not given any reply. Is it not a mistake?
  
   A Supreme Court Bench comprising Justices R. M. Lodha, Madan B. Lokur and Kurian Joseph, on 17 September 2013, asked the government the following two highly penetrative questions.
1.              Whether the government monitored mining functions and
2.               What are the revenues from mining?
    The above questions are consistent with this work. In fact, it is a vindication of this work.
     However, the people expect the Supreme Court to interpret the Constitution of India broadly and not narrowly. The moment it understands a case, it must cease to function like a trial court.

     The Hindu, on 18 September 2013, reported that all but the files of Reliance Power, Tata Sponge and Iron and Rathi Steel were traced.
    Any delay in the “coal case” would cause the disappearance of the files from the CBI and the Supreme Court.

  The Indian rupee is strengthening against the US $.  Mr. Reghuram Rajan, the New Governor of the Reserve Bank of India, must explain the reason for this in simple terms. Otherwise, the people would think that he acts in bad faith.

      The New Indian Express, in an editorial on 19 September 2013 said that the revised mining policy of the Government of Tamil Nadu State would not “fatten the purses of private companies”.  The paper said, “Jayalalitha promises to ensure that a cartel of miners does not walk away with the fruits of natural wealth.”
     The paper is a protagonist of privatization. Now it wants socialism in the mining sector.
    The mining in any part of India does not take place without the knowledge of the Prime Minister and the Supreme Court of India.

    This is letter No. 231.
     The learned judges of the Supreme Court are erudite persons in law. When a common man points out a legal point, they must be quick to realize its importance and take remedial measures.

        The facts from 7 September 2013 to 19 September 2013 are being submitted to His Excellency the President of India, Supreme Court, Chief of Indian Army, Chief of Indian Air Force and the Chief Vigilance Commission simultaneously on 20 September 2013 through email for necessary action.
       V. Sabarimuthu
26-3 Thattamkonam,Vellicode, Mulagumoodu PIN: 629167
Tamil Nadu State,
INDIA
Phone: 04651275520. Mobile: 9486214851
20  September 2013




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