CJI, RTI AND MISSION JUSTICE - THE UNPRECEDENTED AND UNEXPECTED RELATION

    
                                          Press release


We, ‘MISSION JUSTICE’ had filed the right to information application with the Hon’ble Apex Court and reference of the issue, in consideration by us, was there in press and newspapers dated 13.04.2012. A copy of the right to information Application, reply, payment receipt and second RTI Application is herewith attached. We have filed the right to information application to know the details about the expenses incurred in the travel of the Hon. CJI to Mumbai to deliver the Nani Palkivala lecture series. We were under the impression that Nani palkivala Trust had invited the Hon. CJI and must pay for the expenses but were informed that it was an official tour and the expenses were borne by the Supreme Court Registry. We wanted to know the details of the stay of the official work and schedule of the Hon. CJI, who had come to Mumbai, along with his wife and Principle secretary and was the official was only limited to the lecture. We hence filed second application. We have paid a sum of Rs. 4.00 for obtaining copies of invitation and acceptance on 14.3.2012 and await the supply of copies.

‘MISSION JUSTICE’ is intending to work on child rights, Judicial reforms, RTI and senior citizens rights as we find that they are not implemented properly and the implementation itself will make all the changes.

The Hon. CJI during hearing of the matter related to deliberations on reporting norms for sub-judice matters has been quoted to have referred to the RTI Application with regard to the Nanipalkivala lecture. We have also sought the information and are unaware of any other application by any other person. Hence our comments are as under :

1. It is stated that “Since I took over as CJI, I have answered all the questions except a few. But the kind of questions and their numbers are exceeding limit”. “we are working hard but are not able to concentrate many a time because of these questions. Are these relevant for the press?”

We have to submit that RTI is not a question and answer sheet, but is a means of applying for information based on records. In case any question is asked and there is no record related to the same, the Ld. PIO is within his rights to reply that the records of the same are not available. But, if someone has asked schedule, time of landing and schedule/details of stay, then the itinerary and dairy records can be provided. The PIO is bound to do is duty independently and provide information, as is available anywhere in the records. The Hon’ble CJI can’t trouble the kind and answering Hon. CJI about any question being asked by any party and must reject questions for which there is no document. If otherwise he makes the Hon. CJI act as deemed PIO, then who will be the Appellate authority?

The PIO must not trouble the Hon. CJI with questions. It must not affect the concentration of the Hon. CJI as the litigants will suffer on account of Hon. CJI not being able to concentrate and it is something which the PIO must take care of.

It is quoted that “RTI act is a good law but there has to be a limit to it.” We feel that a citizen has a right to know about the Hon. CJI about his scheduled official trip, after the trip is over. The limits are set up in section 8 and if there is disagreement the PIO can reject it and let the same travel to CIC and ultimately will come back to the SC for it to sit over the cause related to themselves and decide the issue concerning the RTI and themselves.

2. We are of the opinion and support Mr. Divan’s arguments.

3. Infact there are several more issues which need guidelines and that too more desperately that Media reporting. This includes child rights, which affects crores of children and India has not acted as per the International treaty. We also feel that misuse of pro-women laws like 498A and domestic violence needs more guidelines, as its now an extortion tool and even the right of the children are violated, when despite statutory provision of father being natural guardian, unless it is against the welfare of the child is ignored and the extortionist gets the custody under threat and even false affidavits, statements and concealing of facts by women go unpunished and by this the men and their families rights are violated. We feel even judicial conducts needs guidelines and more so in light of allegations against ex CJIs.

4. We feel that when any judge gives a statement which shows that he has been personal affected by any cause, directly or indirectly related to the issue in hand or related or assumed to have been related by the judge, the Hon’ble Judge must remove himself from the cause. We are of the opinion that if the Hon. Courts themselves don’t lay down guidelines for their own conduct then the citizens, who are sovereign and to whom justice is the first guarantee in the preamble of Constitution, will feel uneasy. Each conduct of the Hon’ble SC and HC judges is expected to be careful, just and must also be seen to be just. We expect the same from the bench in light of statements as recorded in press. This reminds us of Lord Ram who asked her wife and queen Sita to leave the palace and banished her when it is reported to him that some subjects of his in Ayodhya believed that Sita was not fit due to her long captivity in Ravana's city. He did so as a king is expected to uphold moral principles in order to uphold his duty as a king. Thus, he did not think twice before hurting himself and his family for upholding the confidence of the masses and hence he is Lord. We have put up title of Lordship with same expectations on the Hon. Judges.



COPY OF THE APPLICATION AND REPLIES CAN BE SOUGHT BY REQUESTING IT TO missionjustice@ymail.com

THE ELECTION RULES AND BAKSHAKS

Very recently there was a huge controversy over the muslim quota promised by Congress. The controversy started when the Union Law Minister Salmaan Khurshid violated the election code of conduct by promising 9% quota for muslims. The Election Commission, which had powers to file a FIR against the union Law Minister, made a complaint to the President, who inturn passed it on to the Prime Minister and the matter was burried. Let us not forget that the Prime Minister has been a spectator with full knowledge in most scams right from 2G to CWG to even elevation of Mr. Thomas as chief of Anti Corruption watch dog CVC. Hence, its natural that he will not act. President Pratibha Patil's son and Congress MLA Raosaheb Shekhawat has been issued notice by the district collector in connection with the seizure of Rs 1 crore unaccounted cash from Amravati, where civic polls are under way. Thus expecting Justice from Government is doing injustice to the very term JUSTICE.

Then there after even Union Minister for steel Mr. Beni Prasad Verma openly challange the EC on it and went ahead promising quota to muslims and and openly challanging the EC in presence of Digvijay Singh and Salman Khurshid. Thus, they were all part of this open violation of EC Rules.

The Congress has been in power since decades except for short period. They do nothing but make scams and make life miserable and when its election time the owls are out. Theu make promises through Law minister on quota and then through CM of Maharashtra on making Mumbai a dream city. They have no intention, but like Britishers are involved in divide and rule and give dreams to common man. The National Party even gives advertisement in newspaper on the day of Elections in Mumbai violating code of conduct. The newspapers who get regular advertisements can also feel the pressure of not writing against a party. Thus election rules are only for the citizens candidates and their supporters and these self styled uncrowned kings have no rules to follow and no ethics. The violation made one thing clear that Congress is a ethic-less party and rules are for common man to be flouted by the Government openly.

I have great deal of grudge against the Election Commission for not taking strong action in Mumbai and UP and a small one against judiciary which has been given special inherit powers so that they can act in the interest of Justice, when the Powerful themselves violate law. I feel an urgent need that the Chief Justice of the respective High Court must  suo moto act on this issue and people must not hesitate in recording request by letters to the Chief Justices. More letters means more pressure to act. If not these devils will become more fearless and more arrogant. The Judiciary must dare to remove these ministers and warn the Congress party that Power does not mean that they have become unaccountable and if the Judiciary does it I will say it has made the democracy more powerful and accountable and if it fails then I will say its collapse of democracy and its pillars.

I have a few things to put up to the common man :

1. If political parties flout the Election rules and are not accounted for then why have rules and why not have a clause exempting the ruling party from compliance?

2. Is Election Commission just a dummy of ruling Party?

3. If the Prime Minister and President don't cat against the complaints then are the not guilty of sheltering the wrong doers?

4. Is there no need to file FIR against the violators of code of Conduct and also EC/Prime Minister/ President for being silent?

5. Are we going to wait for couple of years for getting this issue raise and is the educated class becoming mentally slave of democracy murderers?

This and many more. I can just say one thing; that time has come that we activist rise from each corner of the nation and take up issues. Thus if 100 activist focus on this issue I am sure things will change. If Subramaniam Swamy can take on 2G, Some one can dare on Thomas, then why not we take up these issues. Infact MISSION JUSTICE is willing to act as a platform for activist to unite and plan and divide work within themselves and systematically irradiate the wrongs and give the Nation a better future in years to come...

SIDDHARTH MURARKA

Convenor

My speech which I would have given in reply to CJI speech at Nani palkivala Lecture

I attended the the Ninth Nani Palkivala Lecture on 14.1.2012. Shockingly I was given an envelop by "FORUM FOR PRESIDENTIAL DEMOCRACY" which is a political party. I was shocked as to my mind there cannot be a pamplet distributed by any political party in a function of Judiciary or by some the prominent judiciary person like CJI. I am sure this was not known to the Hon'ble Judicial members and High Court judges else they would not have allowed the pamplets. It was the responsibility of the organisers and they must be held liable for the same.

After all other things, began the speech of our own CJI Shri Kapadia.

After hearing him, I would have countered if I was allowed to react as under :
 
I am thankful to the Hon'ble CJI for giving this wonderful speech, which had inbuilt sense of defence and a reaction to criticism against the function of the Judicial system. I have heard you and salute you for one thing first. When national anthem was being sung very few people were singing it word by word and that included you. You began your speech by praising Mr. Nani Palkiwala and referred to landmark case of Keshavanand Bharti and how he assisted the Court in coming to the landmark judgment. Indeed he was remarkable and I wish I would have been the lucky ones to hear him argue. I am not. However his legacy inspires me. Sir Nani Palkivala fought this case which is a landmark case of human rights. If we miss lawyers like Nani then we also miss something on the bench. Today, I am sure that Judiciary is also so burdened that its rare to see that a large bench is formed to hear the cases of constitutional importance and more so on human rights. Infact let me tell you I am confused by the system, as I can tell you case where 3 judges issued order on a day and later 2 judges passed order on other day. The system is not correct and if even a single order is passed by 3 judges then 2 judges can't pass orders. Needless to say that with times everything has sunk and the system is on the verge of collapsing. This is just an example and many things are to be checked.

Let me also tell you sir, Nani Palkivala was a great champion of Human rights and today we miss such lawyers. Today the reality is also that we go on technicalities and don't mind dismissing PIL for such reasons, where as the earlier belief was that the human rights are so valuable that every thing else can be set aside for the same. Infact, the forefathers of the constitution realised that they may have missed something and hence gave all powers under the sun to the Higher Courts to do whatever is necessary to do Justice. Thus responsibility was casted upon the Judiciary by giving them extreme powers that they will rectify each and everything to do Justice. Let me bet upon it that Judges have no time and this power is generally not used. Thus the power was with responsibility and faith but is unfortunately rarely seen to have been exercised.

Sir, your speech was evolving around taxation and international trade.Well I disagree with you that they are most important. This is more so when I read about crores of people not having meals, crores of kids being victim of malnutrition, when education mafia is taking charge of system, when crores are eaten by system in corruption, when the common man has lost hope and faith. All trades and taxes are meaningless. If just a fraction of these victim turn anti social then the economy will be wiped of anyday. Trade and tax is for maintaining humanity and humanity is not for trade and taxation. The base has to be strong, else a stong building having thick walls will collapse as the weak base will give way.

Learned Sir you referred to minting of money by senior lawyers. Well I don't blame them for it but I blame the system where the junior lawyers have started feeling that if they don't hire a senior lawyer they wont be heard and clients cause will suffer. The reality is that a minute of error and the case is gone. The Judiciary cant afford to give them hearing and the right words have to be put up and only if the Judge is pleased the Notice will be issued. If instead there are more judges and Juniors are heard and time is given, these things can be eradicated. Blaming seniors will not solve the problem and the Judiciary must also share the blame. Judges and Lawyers are part of a system and they both must attempt to enhance the system rather than pass on the blames. I have heard Judges saying you all lawyers do this.... etc. and then they expect that lawyers must give extra ordinary respect. Respect is to be earned and not be in sweet tongue. The lawyers try to please judges by whatever way they can and we have overburdened the system with the word "LORDSHIP" in everyplace. Let us shed the world of Lords and create respect from heart and in minds of common man.

Your speech on how independent Judiciary was established was really informative. But the part that "don't paint all institution as corrupt" was too defensive. Sir when you have read so much about the past EX-CJI's and more so in last 5 years, the faith of common man has shaken. You are too defensive and let me tell you that your words will not make a difference as people trust only deeds and that too over a long period by all judges. The defence is seen from day one when your letter to and ex judge of Supreme Court was published in newspaper and the crux of letter was recorded. I disagree with your view that love for Justice is rare and that there is lobbying. If you know who is lobbing and creating pressure group then why not let the truth be out. The reality is that cash at door scam and other scams including Justice Sen and Justice Dinakaran and allegation against Justice Balakrishnan have shakened the system and that cannot be wiped off by speeches. Indeeds the Judiciary and Lawyers will have to do a lot to bring back the reputaion that is tarnished.

Learned sir. A good Judge does not care about what people say and what they lobby. A strong Judiciary just cares about the constitutional responsibility and Justice and Justice lives in his/her heart and mind. The good Judge is so great and above criticism that he answers them in his judgments and is unshakened by lobbyist and does his work. He does not need to clarify about his past track record and how poor he was. He is so bold that he goes to the level of having a battle with the government for Justice and dares to call upon each arm of Government to do its duty. He does not see whether the data is from affidavit or RTI. He just sees where there is injustice and how he can rectify it. He pardons his criticizers and only takes that part of it which he is required to take for giving Justice. He does not see what he will get from government after retirement but just sees the tears of a litigant. This character is very rare and hence very few people are on such high post. If this is missing I can say the choice is wrong.

Learned sir you say that there is loophole in our character. The loophole in character is in all persons including the Judiciary. After all we all live in this age of being human when we are at fault and being best when in power. I remember the remarks on Krishna radha by the bench which clearly reflected poorly on the bench and also hurt my religious feelings. Trust me if it was any other person the same Bench would have come down heavily on it.

Sir you have talked about disposal at many times in different speeches and patted the back of Judiciary. But I disagree with you. The performance is not that good as claimed. If disposal on merits is separated from compromise orders, disposal without going in merits the picture may be sour. Sir we have adopted a system of deciding matters in chambers without hearing the parties in Review. I call it a chamber of secrecy as no one sees Justice being done and more so when Review allowed is a rare virtue and Curative is the rarest. When Judges decide matter in chamber and there is no reasoned order the faith in the system shakes as there is room for gossips and allegations. Let us admit that we live in democracy and hearing and reasoned orders are a part of it. Time has come when Judiciary acts and seals the mouth of allegations and leaves no room of doubt as Justice must be done beyond doubt and any room for doubt and allegation makes the mechanism of Justice a meaningless exercise. A man may sit and decide everything in chamber without reason. Some of his decision may even be just and perfect but then also democracy requires seeing it.

Coming to your reaction on counter majority decisions. Let me tell you if public opinion did not affect Judiciary you would not have tried to explain us as to how lobbying is done and how all institutions are being painted corrupt. Your speech would have been just around how much accountability is needed and what is not needed. Learned Sir, you have stated that people don't read the collegium judgement and also just sit on chair and criticise and don't give solution. Well first if I dont have solution that does not bar me from pointing out what is wrong. Second we all have a birds eye view of the system just as you sit on bench and decide matter without being at the place of the incident. You base yourself on pleadings and common man on basis of what information he reads and sees. Nothing wrong in it. And if he has a solution please inform where should he send it. Today the common man has fear of contempt as he may not have proper words and his intention which may be good may not be recognised. He does not know how to send and to whom. Is the system ready to have an open debate then lets have it.

Sir, I have a solution but if you demanded it from listeners then it should have been a debate rather than a lecture.

The solution is simple. Please inform how many post are vacant in High Courts and ask lawyers above 10 years of practice to apply. Put the list for complaints (with evidence) from litigants and lawyers and after that decide who will be on bench. However today the system is of reference. Fill all post and see how fast we will clean the mess. Increase the number of Judges in Courts and have benches of Supreme Court in Mumbai, Kolkata and Chennai and make Justice affordable. I hope that things will be seen in positive manner as being a lawyer I hate people feeling that Justice is illusion and institution is corrupt. Rather I want to walk a mile and people shaking my hands and saying "PART OF AN HONEST SYSTEM.. WE ADORE YOU AND YOUR JUDGES"...

JAI HIND
SIDDHARTH MURARKA
Advocate High Court, Mumbai
Convener MISSION JUSTICE
siddharthmurarka@gmail.com