424: THE SUPREME COURT OF INDIA: THE SUPREMACY OF LAW

424

THE SUPREME COURT OF INDIA:

THE SUPREMACY OF LAW

          At least five Indian states are under various stages of meat ban.

          Chemically, vegetarian and non-vegetarian meals are composed of atoms of same elements –carbon, hydrogen, oxygen, nitrogen iron, magnesium and some other elements in traces.

          The difference lies in the arrangement of atoms as in ice and water.

          So, everyone eats the same elements.

          Further, plants also grow and want to live.

          Until the people know this truth, the problem would exist.

          But, anything coming out from this man is anathema to the Supreme Court of India.

          Eight teachers committed suicide after the Allahabad High Court cancelled the regularization of 1.31 lakh teachers for want of clearing the eligibility test.

          The eligibility test is mandatory for judges also, isn’t it?

          The recently appointed judges of the Supreme Court of India would fail to clear an eligibility test.

          A Bench of the Supreme Court of India comprising Justice Dipak Misra and Justice  Prafulla C.Pant, on 13 September 2015, upheld the dismissal of an employee of the Uttar Pradesh State Transport Corporation  for carrying 25 passengers without tickets in 1992.

          It said that the Labour Court and the High Court had committed error by imposing lesser punishment.

          It opined that the High Court was swayed by the concept of forgiveness while remaining oblivious to the great harm caused to the transport corporation.

          The court said that graft has affected the system like cancer.

          It added that the courts shall not be swayed by the concept of mercy while awarding punishment to the corrupt.

          The environmental changes affect the judgements. Therefore, the court should not have pronounced the judgement before making the people aware of the allegations levelled against it by the present man.

          Former Prime Minister Dr. Manmohan Singh, on 15 September 2015, challenged the summons issued to him by the trial court in the Supreme Court of India.

          The question is whether a decision taken in good faith could be depicted as an one done in bad faith.

          The clue for it was given in this work.

          A Bench of Chief Justice of India H.L. Dattu and Justice Arun Mishra admitted the petition.

          The petition applies to all ministers –present and past.

          The real question is whether an accused body examine this case?

          The CBI, on 15 September 2015, sought the 2G Special Court more time to gather some pieces of information, and it was readily granted.

          Apparently, the Supreme Court of India liaised with the CBI and the Special Court in the light of this work.

          If the 2G judgement is slated for tomorrow, a conversation between two judges of the Bench would happen today as given below.

‘Hello, good morning’.

‘Good morning, sir’.

‘All allocations must be cancelled. This is my conclusion”

‘Oh,  how? Then, all allocations by the NDA government also must be void.  With all humility, I must say---I differ’.

‘Oh! The game is over. You strike a discordant note in the eleventh hour. We did not anticipate this. We trust you!’

‘It is a complex matter. I fear that it would go like petrol pump allocation. The court cancelled the outlets sanctioned by the MPs. Then, Mr. Ambani sanctioned all outlets. Just because the people lost their power to protest, shall we repeat such acts of crime?’.

‘Oh, you utter the names of big people. Oh, ah, what is it? It is an unwarranted one. Here, there is an act of corruption, isn’t it?

‘You take the VSNL. I take the IPCL. You take the BALCO and the HZL. They are also acts of corruption, aren’t they?

‘But that is not before us. Leave that matter. Can you justify the loss of Re.1.76 crore’.

‘This is nothing compared to them. They simply grabbed them for nothing, aren’t they?’

‘Raja also caused great harm to the nation’.

‘But that is a heartless usurping. Didn’t they cause any harm to the nation?’

‘I have a heart.  There was an ulterior motive. I too sense it. But Raja too exceeded his brief”

‘How?’

 ‘At that time, it was treated as a policy decision. OK, it was an act of corruption. But none remembers everything. Now, the CBI has got wind of the transfer of Re.200 crore’.

Is it related to any illegality?

‘See! He opened four counters to receive the applications. He did not allow even the officers to know it. For this, an entity gave the money, isn’t it?’

‘Oh, oh, he outwitted everyone! Ah, ah, that is the problem! That might have given a fair chance to everyone. What is wrong in it? It is nothing but equity and fair play. I think everyone must commend him’.

‘Radi was in touch with him. He told her that her interests would be protected. He did not keep his word. It went down as breach of trust’.

‘Why did he talk to her? I think – here - he committed an offence’.

‘It is customary for every minister to talk to her. Everyone obeyed her. We need not make it a big point. Please don’t refer to this matter. We have buried the case. The people are not going to hear about her in the near future’.

‘Okay, how did the CAG arrive at the figure of Re.1.76 lakh crore?’

‘See, I tell the truth. You also know the truth. I agree --- the figure is for 30 years. Frankly, I came to know this only recently. But the CAG and the media made it look like a loss in one year. Okay, they had a scheme’.

‘It’s cheating, isn’t it?

‘It’s is cheating. But things work like this only. We cannot change the system. We must get along well with everyone. If we question such things, they will not let the people know that. Don’t rake up the past, lest they might dig deep into our private life.’

‘Oh, however, will it not spread like cancer?’ Is it not worse than graft?

‘Then, I would not have been here. You would not have been here. We need not go deep into every matter. Why should we invite unnecessary problems?’

‘So something must be done for that also’.

‘If things go like this, I don’t know where all these will end!’

 ‘That is my problem also. Where these things would end? If we cancel the spectrum, it will have the effect of annulling the BALCO judgement. Naturally, all privatized entities will have to be restored. Don’t you understand?’

‘You give the judgement now. Judgement or no judgement they will take all minerals. In an extreme situation, if a bench stays those alienations, no change would occur in the field.

The people keeping the hand on it would continue to take. None will know who takes them. We are nothing in front of them. The media would not report it. The government machinery would not stop it. The public would not know it. If some talk something, it will be confined to one or two states only.

After all, we won’t pay any visit to the field. We give the judgement and leave the matter there.

Why should we deliver a judgement that is not fructuous?’.

‘So if we cancel the spectrum allocations, nothing would happen in the field? Is it so?’

‘It’s different. Here, the players have no wherewithal. They cannot resist it. Yes, they have some TV channels. They too cannot do anything in violation of the code. H’m, what happened to Satyam Computers?’.

‘Oh, I too want to conserve the assets of our men. I talked for argument sake only’.

‘Oh, oh, I understand everything. You speak out your mind without any restraint’.

 ‘Sabarimuthu writes?’

‘He writes. OK he writes. He touches many things. We read them and liaise with the government and the CBI. But the people will not know his views. Even if someone knows, it will end up in the tea shop. The mass are not going to know the truth. It is Indian democracy. If a man pretends to sleep, we cannot awake him, can we?’

‘Do his letters go in vain?’

‘No,no, they have great impact. See, otherwise all PSUs might have gone to them. The LIC, some airports and many others escaped”

‘Then...’

‘Everything did not go in his way - the foreign exchange, the public money, the China factor and many such things....’

‘He says that the allegations against us must be known to all.’

‘We are in the Supreme Court. See, we cannot fire at ourselves, can we?

‘How can we judge the cases? We forfeit our right to judge. We are becoming sterile. We are unable to deliver judgements that are vital for the nation. Is it not a problem?’

‘It’s his problem. Not ours. We will solve our problem. Don’t worry. ah,ah’.

‘So a remedy must be found out. Am I right?’

If we say something, it is final. Even if we inflict the worst crime, the people would not know what happens here. But we won’t do. We will sort out everything.’

‘How?’

‘You see, the people want food and water. They know-- it is their destiny.’

‘Is it not a serious matter?’

‘It’s not very serious. Our media would not let us down unless they are hurt, ah,ah’.

‘OK, as Raja talked to Radi,   you can count on my support for the judgement. It is my okay decision’.

‘Thank you. If everyone takes his own stand nothing would work here. That is why I talked to you.’

‘OK,OK, what shall we do now?’

‘We must fix guilt upon a few culprits’

‘Why?’

“The people compare this to cancer’.

‘On whom?’.

‘...On Raja and two or three others’.

‘How? You are bombarding me like anything!’

‘Don’t bother-- through a Special Court.’

‘A Special Court? It’s unethical, isn’t it?’

‘It’s not the time for finer ethics’.

‘Will not someone say that we did this out of personal malice?’

‘No, no, nothing will come out’

‘Will not we earn a bad name?

‘Bah! Bad name? So long as the media is in our hand nothing would happen. I think you are disturbed.’

‘Wait. Just have patience. I think that there exists a risk. Why can’t we call for some pieces of information and decide the matter after one or two months?’

‘Delay is dangerous. We should not retreat now. We do burry many cases. It’s not like that. You need not worry about all these things. I know Raja has a luxurious house. I have no hesitation”

‘This is not a case pertaining to his house!’.

‘Right or wrong, punish some people! Otherwise, the people would doubt our intention. We cannot achieve anything by talking like this. Have a nice sleep today. Come early tomorrow. OK’.

Guess the judgement now.

The Central Bureau of Investigation (CBI) sought custodial interrogation of former Union Minister Mr. Dayanidhi Maran in the so-called illegal telephone exchange case. It said that he hid facts during the questioning from July1 to 3, 2015.

          The Hindu reported this on 15 September 2015.

          It submitted that his liberty as an individual was subject to the supremacy of law.

          The CBI hid 423 letters from the present man. It suppresses the complaints against it and the Chief Justice of India. It works in bad faith. The people sense an ulterior motive in this case. Otherwise, this matter would not have come out at all.

The Constitution of India forbids institutions- working in bad faith- to question any present or past union ministers.

          Why does the CBI hide or run away from this work?

 It is also subject to the supremacy of law, isn’t it?

This is letter No.424.

 This email is being submitted to His Excellency the President of India, Supreme Court of India, Chief Vigilance Commissioner, Indian Army and the Indian Air Force, and posted in the blog: www.howeverythinghappenedinindia.blogspot.com  on 17 -9- 2015

17-9--2015.

V. Sabarimuthu,

26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.