Wednesday, December 29, 2010
posing nose by judges
Posing nose by judges.
KG Bal Krishnan was initially appointed as judge of the High Court of Kerala. He could not be elevated to Supreme Court as he had not completed the age of 55 but as usual people from reserved class started using the rotten defence that since he belonged to Schedule Class the government did not want to appoint him a Judge of the Supreme Court. Same defence was being taken by A. Raja when he was asked to resign. His defence was that he being a person from Schedule Caste he was being compailed to resign. What a stupid defence is being raised for no reason by people from such classes for failure to get desired results. . Any how he reached Supreme Court and became Chief Justice also. Perhaps his regime and regime of former Chief Justice V.N. Khare will be remembered as worst time in judicial history and that period earned bad name for judiciary. Last year I had written about them.
Now Bal Krishnan has come in to another controversy. His son- in- law PV Sreenijin and his daughter Ms.Soni has earned enormous property and wealth within a span of 4 years only. Everybody who has power to manage affairs is playing hide and seek game to avoid coming in picture for making enquiry. Justice Krishna Ayer was right in saying that inquiry should be made from Balkrishan about the earnings of his daughter, son-in-law and other family members to regain faith of the common man in judiciary. To Practice as an advocate is not milking a Jurcy cow brought from Punjab. Therefore it is the duty of Sreenijin to explain about his earnings and Income Tax department should take the matter for investigation. On flimsy grounds a judge of a district judiciary is being enquired to maintain the integrity of the judges why not the then chief Justice should be enquired? Along with him the affairs of then Chief Justice of Rajasthan High court should also be enquired who had allegedly taken bribe in appointments of Judges.
In the case of Binayak Sen the trial court has convicted him for sendition. It is nothing exceptional but it is made exceptional for this or that reason. Ram Jethmalani is going to defend him in High court. It can be done nothing special about it and him. He being a senior lawyer he can do so crossing across the party line. Party does not come in his way but why such undue importance is being given to such trivial news. Secondly for the first time the then Chief Justices of India have crossed the Laxman Rekha by commenting on this case on merit. It was absolutely no business of them chief justices of India to speak on the issue.VN Khare and AH Ahmadi the then CJIs spoke that there requires strong evidence beyond any shadow of doubt and the State has to prove the person’s guilt to the hilt. An average law knowing person knows all about this. What is important is how the trial court appreciated and evaluated the evidence and how it has come to the conclusion. The appellate court has jurisdiction to look in to it. The question is what was special in the case that these judges had to give a public statement. It would have been better that they could have come forward and spoken about Afjal Guru’s long pending death sentence. I am sure opinions by these judges were absolutely not necessary, uncalled and uninvited and mar their image and secondly they might not have studied the judgment also. Let the judges abstain from publicity and should mind their business.
Again Bal Krishnan had come in controversy when he said that he received a letter from Justice
Gokhale the then Chief Justice of Madras High Court (now Judge of S.C.) in which mention of Union Minister was not there but justice Gokhale had specifically said that he had sent the letter of Raghupati with a covering letter and Raghupati’s letter did state that some recommendation was made by an Union Minister. Thus it is most important to make enquiry about the facts and truth about what was the letter and whether there was mention of name of a Union Minister. The then Chief Justice Bal Krishnan forwarded the letter to the Law Minister and in tern the Law Minister did not know about the mention of Union Minister’s name. It means that in administration no one goes through the material on record and does work on surmises and conjectures. Perhaps it is the reason that some lobbyist is definitely required so that he may point out at every stage to the person in authority about the business to be done! Is it not so? It is necessary as Indian culture is just to pass on time by not working for which they are paid.
The then Chief Justice J.S.Verma had on his Board stated that some high profile person has made recommendation to him in Hawala case but he did not dare to disclose the name of that high profile person. Did he not dare to say so? Any how after retirement justice verma, Bal Krishnan and A.H. Ahmadi got assignments.
What is required is let judiciary should remain in its bond and above board.
KG Bal Krishnan was initially appointed as judge of the High Court of Kerala. He could not be elevated to Supreme Court as he had not completed the age of 55 but as usual people from reserved class started using the rotten defence that since he belonged to Schedule Class the government did not want to appoint him a Judge of the Supreme Court. Same defence was being taken by A. Raja when he was asked to resign. His defence was that he being a person from Schedule Caste he was being compailed to resign. What a stupid defence is being raised for no reason by people from such classes for failure to get desired results. . Any how he reached Supreme Court and became Chief Justice also. Perhaps his regime and regime of former Chief Justice V.N. Khare will be remembered as worst time in judicial history and that period earned bad name for judiciary. Last year I had written about them.
Now Bal Krishnan has come in to another controversy. His son- in- law PV Sreenijin and his daughter Ms.Soni has earned enormous property and wealth within a span of 4 years only. Everybody who has power to manage affairs is playing hide and seek game to avoid coming in picture for making enquiry. Justice Krishna Ayer was right in saying that inquiry should be made from Balkrishan about the earnings of his daughter, son-in-law and other family members to regain faith of the common man in judiciary. To Practice as an advocate is not milking a Jurcy cow brought from Punjab. Therefore it is the duty of Sreenijin to explain about his earnings and Income Tax department should take the matter for investigation. On flimsy grounds a judge of a district judiciary is being enquired to maintain the integrity of the judges why not the then chief Justice should be enquired? Along with him the affairs of then Chief Justice of Rajasthan High court should also be enquired who had allegedly taken bribe in appointments of Judges.
In the case of Binayak Sen the trial court has convicted him for sendition. It is nothing exceptional but it is made exceptional for this or that reason. Ram Jethmalani is going to defend him in High court. It can be done nothing special about it and him. He being a senior lawyer he can do so crossing across the party line. Party does not come in his way but why such undue importance is being given to such trivial news. Secondly for the first time the then Chief Justices of India have crossed the Laxman Rekha by commenting on this case on merit. It was absolutely no business of them chief justices of India to speak on the issue.VN Khare and AH Ahmadi the then CJIs spoke that there requires strong evidence beyond any shadow of doubt and the State has to prove the person’s guilt to the hilt. An average law knowing person knows all about this. What is important is how the trial court appreciated and evaluated the evidence and how it has come to the conclusion. The appellate court has jurisdiction to look in to it. The question is what was special in the case that these judges had to give a public statement. It would have been better that they could have come forward and spoken about Afjal Guru’s long pending death sentence. I am sure opinions by these judges were absolutely not necessary, uncalled and uninvited and mar their image and secondly they might not have studied the judgment also. Let the judges abstain from publicity and should mind their business.
Again Bal Krishnan had come in controversy when he said that he received a letter from Justice
Gokhale the then Chief Justice of Madras High Court (now Judge of S.C.) in which mention of Union Minister was not there but justice Gokhale had specifically said that he had sent the letter of Raghupati with a covering letter and Raghupati’s letter did state that some recommendation was made by an Union Minister. Thus it is most important to make enquiry about the facts and truth about what was the letter and whether there was mention of name of a Union Minister. The then Chief Justice Bal Krishnan forwarded the letter to the Law Minister and in tern the Law Minister did not know about the mention of Union Minister’s name. It means that in administration no one goes through the material on record and does work on surmises and conjectures. Perhaps it is the reason that some lobbyist is definitely required so that he may point out at every stage to the person in authority about the business to be done! Is it not so? It is necessary as Indian culture is just to pass on time by not working for which they are paid.
The then Chief Justice J.S.Verma had on his Board stated that some high profile person has made recommendation to him in Hawala case but he did not dare to disclose the name of that high profile person. Did he not dare to say so? Any how after retirement justice verma, Bal Krishnan and A.H. Ahmadi got assignments.
What is required is let judiciary should remain in its bond and above board.
Subscribe to:
Posts (Atom)