Thursday, October 29, 2015

442. THE SUPREME COURT OF INDIA: THE PREEXISTENT LAW

442

THE SUPREME COURT OF INDIA:
THE PREEXISTENT LAW

          There are reports that some unidentified people consumed foreign exchange to the tune of Re.6100 crore in the pretext of imports. The  money went to Hong Kong through the Bank of Baroda.
          The revelation is consistent with the suspicion expressed by the present man that the foreign exchange is being siphoned off illegally.
          This must be the tip of the iceberg of financial mismanagement. This does not mean that the Reserve Bank of India (RBI) must conceal similar illegal transactions.
          The Chief Vigilance Commissioner (CVC)  asked the Central Bureau of Investigation (CBI) to probe the matter.
          The CBI distorted the facts in the 2G case.Therefore, this agency cannot be trusted for such probes.

          According to some reports, the government recently decided to alienate the properties of the Light Houses across the country  under the pretext of public –private partnership (PPP). This is to make them tourist destinations.
The decision is an unconstitutional one. The reasons were given earlier.
The government can easily convert them into tourist destinations.
          The 2G judgement made the BALCO judgement  null and void. The economic policy can be now reviewed by the court.
          Evidently, the Supreme Court of India induces the government to alienate the public assets without the support of any law.
          As there is no Freedom, the court can do anything.
The people cannot own property in China. It does not consider this as an impediment for growth.
There is very little property in the hand of the Government of India.
Yet it wants to transmit them to the private parties!

          According to another report, the government decided to sell the IDBI Bank.
          Accordingly, the government would sell 30 percent shares to a private company close to the prime minister.
The government has enlisted the support of the trade unions with the help of the Left Parties for this..
          This is also an unconstitutional decision. The reasons were given earlier.
          The IDBI bank is the only bank established by the government through an Act of Parliament.
          It cannot be alienated in bad faith.
          The government does this with the tacit support of the Supreme Court of India.
          Therefore, the people cannot do anything other than writing like this.

          Addressing an election meeting, Prime Minister of India Mr. Narendra Modi, on 25 October 2015, said that he became the Prime Minister of India because of Babasaheb Ambedkar.
          He illegally handed over the spectrum, coal and the defence industries to his promoters within a span of one year.
          He actively takes necessary steps to hand over the IDBI bank and the properties of the Light Houses to them.
          He bestows them with many other favours  secretly.
          He does everything in bad faith that too by denying Freedom.
          Will not the children consider him as  a hired man of the manipulators?
Addressing another public meeting, he described himself as a protector of the backward class. He said that he would join with Mr. Lalu Prasad Yadav to fight for reservation.
He had enacted a law for the selection of judges. The law did not provide for reservation. The law is now void is a different matter.
He did not ask the Supreme Court of India to follow reservation rules or to allot a definite quota of seats for every state while appointing judges.
Similarly, neither did he ask the banks to follow the rules of reservation nor did he restore the Banking Service Recruitment Commission.
Yet he talks like this!
Addressing another public meeting, he said that he was selling tea in trains in his childhood.
The tea makers listen to many people. They do not know that they have no Freedom.
Yet, their degree of awareness is greater than his.
They are not likely to act in bad faith. 
If this conclusion is not a correct one, he deceives the people.

          On 25 October 2015, THE NEW INDIAN EXPRESS, in a special front page article by its writer- Gurumurthy, said that the Central Bureau of Investigation (CBI) did a ‘thoroughly dishonest’ probe at the instance of the Supreme Court of India. It quoted the following from Justice Jackson. “Judges are more often bribed by their ambition and loyalty than by money”.
          A point that has been dark till now becomes clear. The national newspapers can accuse the Supreme Court of India of dishonesty!
          If the court is ready to grant Freedom to the people to see this work today, it will cease to hear such words tomorrow. Yet it is not ready to grant it.
          Now, if the court is dishonest in one case, could it be honest in another case?
          The court alone can give an answer.
         
          A Mr. Prakash Singh said that the courts must search for truth. He described this as its duty. He said that Malimath Committee suggested ‘quest for truth’ to be the guiding star of the entire criminal justice system. He added that the court could issue any direction to the investigation officers  to assist it in its search for truth.
          THE NEW INDIAN EXPRESS published this on 25 October 2015.
          The above paper is wedded to strange this work. Chapter 14 of the blog www.howeverythinghappenedinindia. blogspot.com shows this. Now it talks about truth!
          Retired High Court Judge K.Chandru, on the same day, said that the judges weave their personal view points. He added that some actions of the judges are legally improper.         
 A Ms. Sudha Ramalingam said that the courts overstep the boundaries of law.
          Citing a case, THE HINDU, in its editorial, on 27 October 2015, described the suggestion of a judge as a barbaric one.
          Apparently, the paper said this to exert pressure on the Chief Justice of India to induct as many  nominees of the ruling class as possible in the High Courts before November 3, 2015- the date fixed by the court to hear the suggestions  for  appointing judges.

          President of India Mr. Pranab Mukherjee, on 26 October 2015, appointed 22 judges in various High Courts. The collegiums did not even call for an application. No law was followed- no advertisement for the post, no minimum qualification, no reservation, no interview or any other criterion.
          These appointments are out and out illegal.
          Illegally appointed judges alone would do this.
          The NJAC bench could have even initiated contempt proceedings against the members of the collegiums.
          The senior judges could have appointed over 300 judges in one go. However, they have done enough for the day.
          The people are born equally subject to a preexistent law.
          The judges are not aware of this sacred law. How will they judge men and matters?
          If the children know this point, they would- in one voice- ask the judges to quit the court.
          Therefore, the tendency of the judges would be to strange this work as effectively as before.       
          Now the media is accusing the judges of dishonesty.
          The judges allow the people to hear it.
          But they do not allow them to hear valid legal points.
           The preexistent law existed before the enactment of the Constitution of India.
          The law is that no man shall do anything illegal.
          The Chief Justice of India cannot be above this immutable law.
This is letter No.442.
 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 29-10- 2015
29-10--2015.
V. Sabarimuthu,
26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.
Mobile: 9486214851
         



          

Saturday, October 24, 2015

441. THE SUPREME COURT OF INDIA: THE IMPERSONAL LAW

441
THE SUPREME COURT OF INDIA:
THE IMPERSONAL LAW

President of India Mr. Pranab Mukherjee, on 19 October 2015, said that acceptance of dissent in India is on the wane.
Former Chief Justice of India R.M. Lodha, in a centre page article in The Hindu dated May 20, 2015, said that the legislative acts must be decided through a process of judicial review. He added that there can be no rule of law without such a provision.
The present man said it repeatedly after the BALCO judgment.
But the Supreme Court did not pay any heed to the advice.
Unrestrained by law, the government acted in bad faith.
It handed over some public assets to the private parties.
In fact, the court induced the government to do this.
The court considered this as a policy decision.

Suddenly some new players got a small portion of the 2G spectrum.
The court could not digest it.
It smelled corruption and cancelled all licences.
Now it does not talk of policy decision.
It is not ready to restore the  irrationally alienated  public resources.

The Chief Justice of India, on 20 October 2015, said that  the Supreme Court is open to new norms for collegiums. He said that the suggestions from various quarters would be considered. He added that the judiciary and the government are doing the best for the people.
Mr. Paramjothi, a retired High Court judge, said that competitive examination is the best way for selection.
The retired judges do distinguish between the right and the wrong.
 But the serving judges fail to do this.

The judgements of all illegally appointed judges are illegal.
Therefore, any unreasonable selection will be illegal.

The mark sheet is not the sole index of intelligence.
Therefore, selection is bound to be a tough one.

The collegiums considered the voice of the manipulators alone.
In fact, it functioned as the most treacherous body.

There exists a nexus between the collegiums and the manipulators.
This net work must be pierced.

For this, the law for the selection must be a  rigourous one.
It must take into account the voice of every citizen.
It must bind all equally.
It must deal with common cause and not with private interest.

Above all, it must be impersonal.
It is the characteristic feature of the Sovereign General Will.
Therefore, the people  making the law should not carry it out.
Evidently, if the judges want to make  law, they should not carry it out.

A rational selection would take into account:
Marks in the competitive examination.
Academic record and experience.
Reservation.
Proportionate representation to the  states and
Any other reasonable suggestions.
The collegiums will retain a limited right of supervision.

The judges so selected might seek the general good.
They will have the strength to give Freedom.

Will public interest triumph over private interest?
Will the judges understand the meaning of the word “impersonal’.
This is letter No.441.
 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 24-10- 2015
24-10--2015.
V. Sabarimuthu,
26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.
         


Monday, October 19, 2015

440. THE PEOPLE OF INDIA: THE SELF IMMOLATION

440

THE PEOPLE OF INDIA:
THE SELF IMMOLATION

          The union finance minister and famous lawyer, Mr. Arun Jaitely, on 18 October 2015, said that ‘democracy cannot be the tyranny of the unelected. He added that ‘if the elected are undermined, democracy itself would be in danger’.
He, further, said that ‘there is no principle in democracy anywhere in the world that institutions of democracy are to be saved from the elected’.
          Who are the un-elected?
           Does he mean the present writer?

          A prime minister might commit or tend to commit acts of corruption.
          The opposition parties might choose to ignore it.
          Then, it is the duty of the citizens to point out this to him.
          A citizen does this not simply to correct him.
          Or to remain as his latent master either.
          He does this  to seize power.
          Simply to seize power through the power of the ballot box.
          The prime minister should not choose to cover up this.
           If he does, the people will not know his antagonists.
          They will not get any chance to elect them.
          Naturally, his antagonists cannot seize power.
          Instead, the corrupt alone will be elected and  reelected.
          No one can save the nation from them.

          Evidently, had there been Freedom, things would have been different.
          The present elected might have been in the street.
          And those in the street might have been the elected.
          Dr. Manmohan Singh would not have become the leader of the nation.
          Mr. Narendra Modi might have been forced to displace the present man.      
          Therefore, Freedom is essential not to curb corruption alone.
          It is mandatory for democracy also.

          The next stage is reporting this matter to the Supreme Court.
          It is not to educate the learned judges.
          But it is to force them to do their duty.
          The Constitution allows this.
          Sections 166 and 167, apparently, exists for this.
          Its duty is to enforce freedom of expression.
          We have given Freedom to write. Is it not sufficient?
          If the judges talk like this, the nation cannot be saved from the elected.
          Therefore, the people must know.
           Everything the judges know by virtue of their position.
          Then the media will have no freedom to deny Freedom.
          The court is a pillar to support the  democratic edifice.
          Therefore, it shall not disown this.
          If it  disowns this, where will the people go for democracy?

          Therefore, the court shall not look at Freedom through coloured glass.
          If it does, corruption alone would rule the nation.
          Then, it forfeits its right to punish the corrupt.
          When it punishes the corrupt, all cannot write 439 letters.
           Some simply resort to self immolation.
          Who is responsible for this tyranny?
          The court, the elected or the un-elected?

This is letter No.440.
 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 19-10- 2015
19-10--2015.
V. Sabarimuthu,
26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.

          

Saturday, October 17, 2015

439: THE SUPREME COURT OF INDIA: SAVED THE PRIZE WITHIN?

439
THE SUPREME COURT OF INDIA:
SAVED THE PRIZE WITHIN?

          The special Central Bureau of Investigation (CBI) court, on 15 October 2015, discharged former Telecom Secretary Shyamal Ghosh, Bharti Airtel and Vodophone India from the 2G case.
          Is it because they are big people connected to the ruling class?
          The court, in fact, asked the CBI to take action against the erring officials  for filing the chargesheet with distorted facts.
          If the above order goes unchallenged, one would think that the 2G case is a conspiracy hatched by the Supreme Court of India to transmit the spectrum to the ruling class.

          A Bench of the Supreme Court of India headed by Chief Justice H.L. Dattu, on 15 October 2015, restrained the CBI from arresting  Chief Minister  of Himachal Pradesh Mr. Virbhadra Singh in the disproportionate assets case saying that the matter was not very urgent.
          The court cannot morally and constitutionally allow the CBI to question any political leaders before giving an answer to this work.
          The CBI can attach the disproportionate assets of anyone is a different matter.

       Prime Minister of India, Mr.Narendra Modi, on 16 October 2015, said that the people must have the power to question those in power.
          He talks like this after concealing this work!

          A special CBI court, on 16 October 2015, rejected the demand to summon former Prime Minister of India Dr. Manmohan Singh  in the coal case.
          If the prime minister cannot be summoned, no minister under him could be summoned.
          If there is no Freedom, the court can inflict any damage on anyone.

          A five judge Constitution Bench of the Supreme Court of India, on 16 October 2015, quashed the National Judicial Appointment Commission (NJAC) Act,2014. Thus the 99th amendment to the Constitution is now null and void.
          The bench comprised Justices  JS Khehar, J Chelameswar,  M B Lokur, Kurian Joseph and A K Goel.
          While four judges concurred, Justice Chelameswar differed.
          The latter described the collegium system as a "most opague and clannish” one. He pointed out the “declaining credibility” of the judiciary among the people.
          The learned judges used their talents to rescue the nation from a bottomless pit. The Chief Justice of India also must be commended for it.
          The present man tried his level best to save the prime minister from this fiasco.
          A letter was sent even on the date of passing the amendment. While the then Union Minister, Mr. Ravi Shankar Prasad,  was piloting the bill, a public servant, apparently, showed a communication from the President of India to him at the Parliament. He chose to ignore it. He simply wanted to please the ruling class.
          The tea makers, as a rule,  read a few newspapers daily. They are quick to understand the plots that affect the nation. But the prime minister, despite the good counsels, ignored the evil designs of his promoters and passed the Act.
          He connived at the fact that the Parliament does not represent the will of the people –and therefore loses its sovereignty - when there is no Freedom.
          Further, if he cannot understand the meaning of the word ‘arbitrary’,  he is not as knowledgeable as the ordinary tea makers in India.
         He might recover. But he has to depend on the weapons in the armory of the ruling class for this.
          It must be noted that the Parliament passed the Act with 100 per cent political unanimity. 20 State Assemblies, 26 major political parties and several jurists supported it.
          The present man opposed it.
          In this matter, the court, apparently, obeyed this man. In this way, the court obeyed law.
          The reason for this conclusion is that the the court agreed to take suggestions  to improve the collegiums system of appointment of judges. Thus, the court virtually annulled both the systems.
The court knows that collegiums is barred from arbitrary selection of judges.
        This decision is the first earnest attempt of the court to put right the public wrongs.
        It consciously saved the prize – the justice-contained within the burning court.
Therefore, the court - as an institution- survived a major test since independence.
This is letter No.439.
 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 17-10- 2015
17-10--2015.
V. Sabarimuthu,
26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.
Mobile: 9486214851



Thursday, October 15, 2015

438. THE PEOPLE OF INDIA: THE INTUITION

438
THE PEOPLE OF INDIA;
THE INTUITION

          The newspaprs and the TV channels did not disclose the receivers of money from the Aditia Birla Group.
          A paper said that the CBI committed an act of corruption by transmitting the records to the Department of Income Tax. 
          The people are not aware of the orders issued by the Supreme Court of India, on 13 October 2015, to the Central Bureau of Investigation (CBI) against that company.
          Why do you support your corrupt political leader? If a question like this one is asked, even an illiterate in villages retort like this.
          There are many bigger offenders than our leader. Why do you select our leader for punishment?
         In fact, this is the common refrain.
          The present case shows that the Supreme Court of India conceals not only the complaints of the present man but aslo many other serious complaints.
          It required 437 letters for the present man to prove this.
          How do the illiterate people understand this?
          The answer is simple.
          They understand this by intuition.
          They want to resist such arbitrary power. They think that it is the duty of every man to resist it to the best of his power.
`       It is immaterial whether this  arises from the Supreme Cort of India or the ruling class.
          Therfore, they simply throw stones at he buses.
          Whether they are right or wrong?
          Anyone can guess the answer.
This is letter No.438.
 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 15-10- 2015
15-10--2015.
V. Sabarimuthu,
26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.
Mobile: 9486214851