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



No comments: