What is Mission Justice? - the basic

This is not an NGO. It is a public movement for true freedom. It is based on ‘Quit India Movement’ and Non Violence. The Mission has four pillar ideas to change the society :

1. Justice – Today the situation is that the wrong doer is in command. That is, he/she knows that the victim will have to wait for years, spend huge amount to get justice and probably after years he may not get that also, or may be compromise after being frustrated. Thus Justice is not guaranteed and is an illusion and injustice is the dominant most moments. Today, Judiciary has failed common man on many counts and the resistance shown in accountability is concerning. A wrong judgment, even if prima facie faulty is met only by harsh words of higher courts, but the sufferer is the litigant. Even the Apex Court and Many of the past Chief Justices and entire system of elevation is under question as on this date. The fear is there in the eyes of common man and even genuine PIL may stop coming to Courts on account of backlash from Judiciary on even technical grounds that no notice was given to the Government.

To be honest, Justice as per preamble is the first right of sovereign citizens and duty of Government and Judiciary. It is Judiciary’s job to see that justice is done on time. The Judiciary must not wait for P.I.L. It is the Legal fraternity and Judiciary which must work and take up social causes as P.I.L. suo moto with help of legal fraternity. To do Justice is Judiciary Job and to get Justice and relief is right of every citizen. We believe that each state/Court must have a box where in P.I.L. complaints in short are put up, evaluated by legal fraternity members and genuine causes are taken up suo moto as P.I.L. The P.I.L. filing from public and cost thereof to common man must stop. To sum up – create fear of Court in minds of wrong doers. We the citizens are hear to enjoy the fruits of the process of Justice and not to turn and work on its wheels.

2. R.T.I. – Right to Information if implemented in total spirit, without classifications from Judiciary and Government, will pull down curtains on the corrupt regime. Aided by proper anti corruption laws and enforcement mechanism the government can charge over to the corruption. Thus we need to strengthen the act and its implementation to the bottom and find means to curb frivolous Applications.

3. Child Rights – The future of the Nation are children. Just imagine out of crores of children going without food, clothing and shelter and without implementation of rights, if a percentage turns terrorist or maoist, then what will happen to our children, economy and progress. We must protect the speechless or else future wont pardon us.



4. Atma manthan – This means that we must decide to be active and must participate in all process. When we see wrong we must spare time to complain, we must vote, we must evaluate ourselves and at the same time must decide that we will not be a cause of pain to others. That is an example is that if I drive a car I must be careful not to cause any pain to the walkers. I must take care that no action or inaction on my part causes pain/hurt/grievance to others. A citizen must decide to give 4 hours of productive work to the nation and humanity. It may be the smallest initiative like watering the plants on common roads etc. But these 4 hours of selfless service to Nation and society will make a lot of difference.

Notice to Bombay High Court CJ for disclosure of assets of Judges

24.8.2010

To,
The Hon’ble the Chief Justice,
Bombay High Court,
Mumbai

Respected Sir,

Mission Justice is a people’s movement to bring quality and transparency in Indian Justice delivery system and also address all social issues towards strengthening democracy and rights.

One of the objectives of Mission Justice is to keep and further enhance the prestige of justice system in India. In the near past, there have been sad instances, where the prestige of judicial system has been lowered by some of the members of judicial fraternity in India. To cite a few cases, for example, are Justice Dinakaran, Justice Nirmal Yadav, Justice Saumitra Sen. Even the ex-Chief Justice of India, Justice Balakrishnan is perceived to have left some unfavourable public impressions, specially related to some unrelated loose comments and non-implementation of RTI Act to CJI office.

Mission Justice strongly believes that a vibrant and dynamic justice system, with is seen as “justice is done” and “judges are paragons of virtues and fairness” is essential in any democracy. Our’s is still a young and not-fully-matured democracy. We, the people of India, have extreme faith in judges and justice system. Barring a few exceptions, the justice system is considered as savior of our democracy. Other pillars of democracy, mainly legislature, executive and even press have let us down badly.

Though, the justice system and most of the judges are considered as honest, savior, independent and reliable, we believe that to be keep this perception and tradition, live and active, some pro-active steps must be taken by higher judiciary.


One of the steps is regular declaring the assets by all judges.

The Supreme Court of India, by a Full Court decision in 2009, adopted a resolution by which all the Judges were required to make their assets public. After that, many High Courts, including Bombay High Court, resolved that their Judges would also declare their assets. Bombay High Court judges were among the first to unanimously adopt such a resolution.

Within a few weeks of the above resolutions being adopted, Judges of Supreme Court and a number of High Courts including High Court of Kerala, High Court of Karnataka, High Court of Punjab and Haryana, High of Delhi, to name only few, actually made their assets public by displaying the information on each Court’s official website. However, Bombay High Court has yet to implement the resolution unanimously adopted by its Judges.

Thus, in keeping the dictum of transparency in judicial system and “honesty of justice system”, we, the Mission Justice, request you, Sir, to pro-actively implement the resolution adopted to declare the assets of all judges to with the high traditions of Bombay High Court. Public faith and perception is the source of the respect and authority of our judiciary. This single step will create extreme goodwill for our judiciary in the eyes of the general public.

On behalf of MISSION JUSTICE we assure maximum cooperation to the entire Judiciary in creating a better India and a better civilization.

With highest regards,
For Mission Justice
Rakesh Mohan Goyal
Joint Convener

Slide show on Judiciary 0001

We have prepared a slide show on judiciary covering all aspects which we could gather. There will be a followup. You must see this slide show and send it to as many as you can as we need to awaken 100 crore people.

http://www.slideshare.net/missionjustice/mission-justice-0001-higher-judiciary

A letter for child rights

Please find here below the letter issued by MISSION JUSTICE to concerned departments. Please take out print of the same and put a covering letter stating that you support the cause raised by us. I hope that atleast 10000 letters will reach the government and change will happen. I know an individual cannot make a change but atleast you can just send a letter for ensuring that your concerns are registered with concerned persons. HOPE that you will ensure that the voice of the common man like you and me is recognised.
9th August,2010





To,
Hon’ble Smt. Pratibha Patil,
President of India,
Rashtrapati Bhawan, New Delhi – 110 004

Hon’ble Shri Mohammad Hamid Ansari
Vice President of India,
Room No. 208, Parliament House Annexure,
New Delhi – 110 001

Hon’ble Dr. Manmohan Singh,
Prime Minister of India,
Room NO. 152, South Block,
New Delhi – 110 001

Hon’ble Mr. M. Veerappa Moily
Ministry of Law and Justice,
Room No. 402A,
Wing Shastri B,
New Delhi – 110 001

Hon’ble Shri Kapil Sibal
Ministry for Human Resource Development,
Room No. 301, C wing, Shastri Bhavan,
New Delhi – 110 001

Hon’ble Smt. Krishna Tirath
Ministry of Women and Child Right Development
Shastri Bhavan,
New Delhi – 110 001

Hon’ble Mr. Mukul Wasnik,
Ministry of Social Justice & Empowerment
Room No. 250, A wing, Shastri Bhawan,
New Delhi – 110 001

Respected Madam / Sir,

This is to bring to your notice, that in 1992, more particularly on 19.11.1992, we the Nation have ratified articles and resolution passed and convention on the Rights of the Child more particularly adopted by General Assembly of the United Nations bearing Ref. No. A/RES/44/25 of 20-11-1989. Thereafter in 2005 we have passed an Act, The Commission for protection of Child Rights Act 2005, appointing child right commission to look into the matter relating to child rights.

Under the said convention all the signatory Nations have assured international community that they shall be implementing the articles of the said convention and shall play role in improving condition of the children of their Nation. Under the convention members / signatory state parties were bound to implement the rights of the children and for the purpose of convenience we are not reproducing the same but putting the same by way of attachment to this letter. Attached herewith is the copy of the said Resolution of the Child Rights Convention.

However, it has been seen that apart from appointment of commission to look into the said rights, we have done nothing to recognize or implement the said rights as guaranteed by us before international community. The entire articles have been attached herewith but certain facts needs to be highlighted which I am high lighting point by point: -

1. It has been seen that divorce has become very predominant in this Nation. Under threat of penal consequences the child is handed to one party without access to the other and consent terms is filed thereof without considering the rights of the child. The Courts of law without application of mind and without going into details of the custody have been endorsing these Consent Terms making them officio functus. It is only the will, fancies and desire of the parents which are considered and the fundamental rights of the child is never looked into by the Hon’ble Courts of law. The Court rarely looks into the right of the child to be brought up by the best parent and with a right to have access to the other parent and other family members. No parent has a right to renounce his or her duty in favour of the spouse and if done, the same is illegal and against the rights of the child.

2. The child of a very tender age does not know his/her rights and cannot decide is his/her welfare. It is duty of the Courts/ Legislature/ Parent and society to protect rights of the child, as well as to look into the welfare of the child and if need be the same has to be reviewed from time to time. Whenever a right is granted, a corresponding and equal responsibility is caste upon the state and also the judiciary to protect the same. The failure to do so by the state amounts to non fulfillment of requirement of a welfare state and non execution of the same by Courts amount to non adherence of duty cast upon a judge. Thus the state and judge becomes guilty of non performance of duty towards the child.

3. When the custody is transferred upon divorce no merits about the welfare or rights of child is taken into consideration and/or reviewed and/or evaluated by Courts of law and it is only the dictate of the parents which is enforced upon the child. If welfare of the child is with the particular spouse, then it is right of child to have welfare enforced through the said parent and the parent has no right to transfer the said duty cast upon him/her to any other person including the other divorcee spouse. The Court must review whether the custody has been transferred out of negligence, neglect or by threat and/or force. However, the same is never done. This fact can easily be verified by undergoing various divorce decree passed by the Court situated in different parts of this country, as the divorce decree passed therein generally does not provide even a single reason as to why the child should be given in the custody of the particular parent. Thus the Courts have avoided Justice and are only adjudicating upon matters.

4. The child has a right to know about not only parents but also the extended family from both parents and has right to love, affection and care of the extended family, more particularly grand parents. However, the same right is brutally violated even before the Courts of law and also at the hands of the police and law mechanism. This is in violation of Article 5 of the said convention.

5. Article 3 of the said convention cast the responsibility of the state to ensure that the child gets such protection and care as is necessary for his or her well being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. However, Legislature has failed to pass any act or establish any procedure or Courts for such matters. If a letter is recorded, the Child Right Commission will direct the same to be taken up by the parent ( as per convention there is no need of parent only to be concerned about the child and it is the duty of the state) u/s 6 of Hindu Minority and Guardianship Act. Thus the state fails to discharge its function as laid down in the articles.

6. Article 8 ensures that state shall respect the rights of the child to preserve its identity including nationality, name and family relations as recognized by law without lawful interference. However, today when the custody is transferred to the mother under gender biased laws like 498A and Domestic Violence under the threat of dire penal consequences, identity of that child is hijacked and child is deprived of the name and recognition of father. We have got substantial details of such children and it is prima facie evident that identity, names are being changed illegally and even the school and law in force aid such hijacking of the identity, which might lead the child to identity crises at a later stage in the life and same is also against the welfare of the child. Even the family Courts put very less or no weight to this aspect. When such hijacking of identity and identity crises is being created by one parent, the said parent is acting against the welfare of the child and in such cases the custody has to be transferred to the other parent unless it is proved that the same is against the interest of the child. Even if the welfare is equal then also the custody must be transferred from the parent who acts against the welfare of the child by hiding from the child the true identity and also depriving the child of the other parent and extended family as wrongdoer parent is guilty of murder / assault on the original identity of the child and violation of fundamental rights to life of the child and the said parent must be treated accordingly in law. It is today nothing but “legal terrorism” and apart from the spouse it is the child who is the victim of this terrorism and is an act of cruelty upon the child.

7. Article 9 states that parties must respect the rights of the child who is separated from one or both parents to maintain personal relations and direct contact with both the parents on regular basis. However, in practical the same is never maintained and the Courts take their own sweet time and do not understand gravity of situation and at times show least interest as the same is not found in the statutes in operation in the Nation and International Law is beyond the understanding of Law and Judiciary of many occasion. Infact the reality is that if a judge avoids granting access to one of the parents and lingers the issue then he/she is even guilty of violation of rights of the child and/or aiding the same. Thus, the child goes unheard for years together. Unless a precedent is set holding a judge guilty (may not be punished but atleast must be put on remarks), the Judiciary will not expedite these matters. We wish that higher Judiciary suo moto takes up this issue and takes this stand in a very quick manner.

8. Unless precedents with regard to violation of rights of the child against the violating parent and judge (who keeps such matters pending and fail to decide) is set, the child of this nation cannot be secure. Unless the future is secure all developments and growth is meaningless as it shows incapability of this Nation to honour international commitments, to act as a welfare state and also to protect the fundamental rights of the speechless children of the Nation. We expect that atleast some judge shall take suo moto action and shall dispose it as a landmark precedent with regard to rights and also the time frame in which it is decided.

With this we request you to look into this aspect of the voice of voiceless i.e. children, who are the future of this Nation and necessary measures / steps be taken with regard to protecting the interest of these children. We call upon the state to implement the said rights and also other rights by codifying all the children laws in one enactment of “FAMILY, WOMEN AND CHILD PROTECTION ACT” and also transfer all criminal and civil provision in one single piece of legislation with regard to the family and child.

We the NGO have legal resources and sound people, who understand the gravity of situation and are willing to assist Government in formulating right policy with regard to the child rights and extend our full cooperation. We look forward to the esteemed Judicial members to take up such causes suo moto as stated earlier and establish the rights immediately and we assure them to provide data or an example case immediately.

Thanking you in anticipation.
Yours truly,

SIDDHARTH MURARKA
Convener

Copy to:
1. Chief Justice of India
2. Chief Justice Bombay High Court
3. Chief Justice Calcutta High Court
4. Chief Justice Madras High Court
5. Chief Justice Delhi High Court
6. Smt. Sonia Rajiv Gandhi
Media, Other NGO, Public



Encl : A/A

The truth about Mumbai

I am from Mumbai, a city which never sleeps. We are 2 crore people, who are treated like animals as we travel like "CATTLES" in "CATTLE CLASS" trains of Mumbai. We are used to now living under threat 24*7. Some day in evening we cant reach home as the motormen are on strike. The real game is not the grievences of the motormen, but the urge of the political parties to take control of the union. No one realises the pain a common man underwent in that 24 hours. No Court took suo moto action against the guilty. No minister showed unhappiness at the sufferings. What was there at end of the day was a pure political statement which was a mocekry of democracy. We suffered and they played dirty politics.

My pain is not that of one day. Some day the Rickshaws go on strike and the Government quietly concedes to their illegitimate demand of a hike of 30% in fare. No one cared to ask us wether we have any complaints in the increase in the fare. The Common mans view was unimportant. We travel by rickshaw. They refuse to go as per our desires, but only allows us to sit when they feel that we are going their way. No one wears uniform, baddges. At times their legs function as signals and their meter is running faster that normal. If there is a hawaldar he may or may not take action against refusal to carry passengers on particular route. If we file a complaint we have to run to police chawkie and thats not possible. We all know and even the police knows that the meter is adjusted most of the times, the rickshaw is driven by a person who is not the owner of the rickshaw and the owner runs a fleet of rickshaw and may be a minister or minsiters relative or his khaas admi. The police knows that most autorickshaws refuse passengers, take extra fare from the airport. Still the Police and top officials are silent. Is it that they want to test are patience and when we start beating up the Rickshawwalas for refusing passengers, then only they will act. I would say that the Governemnt is indierctly signalling us to be violent and then when media will report, then they will set up a ministerial body to look into it and also will pass a BILL ( dont know how to implement existing laws). If the Union represents the drivers cause then they must also take up the blames.

My story doesnt end, its just a beginning. Last two days the taxi guys were the culprits and the Unions and parties like Shiv Sena and MNS behind it and so also a powerful Congress leader. Again same story of political illwill and harrassment. Names published in papert and the CM has no guts to throw out his own minister and also sack the minister incharge of the transport system. Courts dont act suo moto..

The CM and the PM only make statement that the accused and guilty wont be spared. To come in limelight ministers of other portfolio also make statements. The law ministry will talk of new legilations. When the new law comes, it is used to frame innocent or to bail out guilty and nothing more. I have seen that even when someone is convicted in Bomb blast case like sanjay Dutt, he gets bail and is enjoying free world, whereas a common man if accused of a petty offence like having not put up name plate of his shop in Marathi, struggles to even be heard. The Courts have time to dispose of Disputes of two brothers and also mining cases which travels from lower to higher court to final disposal expediously, but a small investor who got deemed relief in MPID case still is struggling to see the Justice be his fate. What is more important AMBANI BANDHU MARAMARI or thousands of common men who has lost life long savings...???? Law is used to frame innocent and he has only two options, to get Justice destroying his entire life for decades or forget Justice.... That means he pays throughout his life in quest for Justice. The guilty seldomn get punished and the dons like Dawood rest in peace as they know that no one will dare to touch them as all will be in trouble if he exposes them including ministers, police and may be Judiciary..

When I go to Court or any government department, then I have to carry money for getting work done. In High Court departments also money works and many are taking bribes and maybe Judges know it. But no action. In Mumbai, on each station where policewala is there, pronography is marketed and the Police is in hand in gloves with all persons dealling in pirated movies, song and softwares. So the police in reality is a protection officer given to the illegal activity traders.

I can say oine thing, there is no incentive for truth. If the guilty files false statement, then Judges take it likely, but a small mistake of victim gives a right to acquittal to the guilty.

In Mumbai, I saw 26/11 and followed by the home minister saying BAADE SHAHR MEIN CHOTE HADSE HOTE RAHTE HAI. He was removed only to calm me and take my votes and once that was done I again became a cattle to be ruled by the same home minister.

We all know the legacy of Sharad Pawar, Praful Patel, Raja, Rane, Mayawati, Arjun Singh, Mulayam Yadav, Sharad Pawar, Sibu Soren etc. We have seen them in a postion where action against  is must, but still we maintain silence and the Government grants more power to them. Corruptions are alleged and then the proofs are burried. No one cares.

We know all ministers are growing wealthy and actual benifit of globalisation and progress is felt only when we consider their wealth. We all know that serious allegations have been levied against Raja, Mayawati, Rane, Pawar, Patel, Arjun Singh but still we cant do anything. The Government has been dividing us bit by bit on lines of religion, region, language, caste, reservation etc. etc. and still they claim that they have done a lot and publish it in a page ad in newspapers. They have no money to feed children who are living on streets and are of tender age of 2-4-6, but have money for putting up ads, hoardings, organising parties and functions, arranging security for ministers.

I do not understand the development in Mumbai. The Chief Minister decides that now he wants more FSI for say Hospitals and it is implemented. Oh.. lobby for MHADA.. increase FSI... what is the function of law then and where is the explaination on the basis of which action has been taken or is it discretionery.

I live in Mumbai.. You say you have law. I dont find any builder quoting carpet area rate and most ask for 50% or so in cash.  Where is your petrolling on black money. Or is it that since the ministers are so corrupt that they cant even think of ending the parallel economy.

We have full faith in kanoon. What if all Policewala take hafta, what if the Poilce always traps innocent and leave culprits, what if it takes decades to get the matter heard, what if there are all the scams of Judiciary like Dinakaran, Nirmala Yadav, Gazibad scam, Ramaswamy, Somitra sen etc. etc... we still have faith in law and Justice will be done. This is not the statement of the innocent but the clupit, who knows that he will not be punished for years and even when done, the ratio of enjoyment of fruits for wrong done will outsmart the ration of the punishment...

I stay in Mumbai, a city where my bag is checked 24*7 after any tragerdy and still i live in fear. where when I leave home, I say bye to my parents , as I do not know if and when I will return. A city where I may be beaten up for not knowing marathi and the government will do nothing for me but under their pressure will make registration of Birth compulsory in Marathi. I stay in Mumbai, where each office drains me financially. If I dont bribe I will pay in terms of distance travelling and time lost and conveyence. I stay in Mumbai, where overnight an illegal tenanment is ready and documents are there to trace it to ancestral property. I stay in Mumbai, where a BMC tsaff working 4-5 hours is paid several times more than a contract labourer in building making ( I call them bandua mazdoor). I stay in Mumbai where with money you can by anything and everything, where it appears that we have a right to speach, but dare not speak against Rane and Thackareys. I stay in Mumbai.. where I am a common man... but treated as Conman.. I stay in Mumbai

Siddharth Murarka

Advocate High Court

Member of arbitration panel of FICCI

Member of CFIB

siddharthmurarka@gmail.com

JUDICIAL ACCOUNTABILITY

Vande Matram,


We have prepared a slide show on Judiciary. Our intention is to speed up the process of Justice and remove all ineffeciencies and lacunas in Judiciary.

Sending the link (at bottom) to you. This is 69 slides and display will take 30 minutes. Please send it accross to all NGO, activist volunteers across the nation. No activist/NGO/group be left unturned or not approached. put this up on as many sites and blogs as you can... contact as much media as you can... this is new quit india movement which will be in few phases, to irradicate all ills... we will do many more such slides etc.... with support of you all and masses at large..

We plan to make 5th to 9th a four day period where this slide show is displayed by all NGO/ groups to groups of 30-40 ppl each accross the nation AND MAY BE AT A GIVEN POINT OF TIME THERE MAY BE 100 GROUPS DISCUSSING THIS ISSUE....

We want all to conduct and have live debates and opinion. once the program of any group/NGO is finalised email:  missionjustice@ymail.com to enable us to give press release. then send pics of the function for press release and then final closure on 10th. with press release of all the activities done.... ideas collected.. opinions... signatures... campaigns etc...

Bal Ganghadar Tilak " Swaraj is my birthright and I shall have it". We say " Justice is our birth and fundamental right and access to the system for the same is a bigger right and to have the best judicial system is a common right - lets have it".

A man alone cannot do anything. But if we all contribute to make things better may be after 4-5 years things will be totally different and you and next generations will enjoy the fruits of the same... Dont wait for your friends and neighbours but start it today and right now... "A MISSION FOR YOUR NATION BY AN ARMY OF UNARMED PEOPLE WITHOUT VIOLENCE". Be a soldier of this nation. Time has given you an opportunity to do something for the nation and dont let it go in vain..

Link
http://www.slideshare.net/missionjustice/mission-justice-0001-higher-judiciary

RTI Application no MJC/APPL/0210-05 by Mission Justice

RTI Application to the Central Public Information Officer, Supreme Court of India, reference number MJC/APPL/0210-05 dated 03/02/2010, posted on 08/02/2010

Questions asked -

a. From your records please give me details of expenses incurred on air travel of all Supreme Court judges for the period; details of accommodation and expenses on these accommodations for the period; and other benefits taken/availed by various judges and family members. This information is required Judge-wise and year-wise.

b. From your records please give me details of how many people met the Chief Justice of India during this period in his chamber.

c. Do you maintain a system of any register for visitors OR any other system of permission and visits with regard to CJI. Please provide me the details of these log entries.