No point in ruminating what had happened, as everything in this world happens according to a plan.The supreme court has to maintain not only its decorum but that of the entire judiciary.
It is true and painful that the judiciary today is highly corrupt right from munsif/magistrate courts to the SC, and this has/must be curtailed from the top court by examples.
The four judges of SC can never be treated as rebellious for obvious reasons as they are not fledglings but senior most judges.
The corruption level at lower courts are skinking literally and some of the judgements we face are as low as comedy pieces. This has to be and can be controlled only if the SC and HC-s show examples of exemplary judgements and boldness and by not budging to political pressure which always present irrespective of different governments by different parties.
SOLUTION:: The honourable SC and CJI must evince genuine interest in the matter of national importance and bring in genuine solution by having an open talk among the judges of SC-s, and some legal luminaries and discuss in private as they may face lot of difficulties and try to solve the issue in the best interest of the nation as a whole and the indian judiciary in particular.
The judiciary as of now right from bottom to the SC, is highly influenced by the political parties and the higher officials in general and higher police officials in particular. The police is literally misbehaving on many counts without honest behaviour.
Re: consensous solution needed
by swaminathankt kt on Jan 28, 2018 11:14 AM
The action taken by the judiciary must be fruitful and it must be in the following steps, as there is no gyarantee that the present junior judges of the SC will not rise such issues in future.
step 1// The senior four judges must converse with all the junior judges elaborately on the reason for their action and why it happened and how it could be avoided in future.
step 2 // The four judges must be allowed to discuss with legal luminaries and some of retired SC cji-s , on how to avoid such incidences.
step 3// The junior judges of CJI also must have elaborate discussion with the legal luminaries.
step 4// There must be a closed door meeting of all judges of SC minus the CJI and an open heart talk of what had happened and how it affects judiciary.
step 5// The representatives of the BAR COUNSIL, must be discuss this issue with four judges and a few representatives of the junior judges.
step 6// The CJI must be conveyed the message by a few representatives of this meeting along with the BAR COUNCIL representatives and with no respects lost, must talk openly and convince the CJI that action of CJI must be above suspicion.
step 7// How to avoid external influence by judiciary must be discussed threadbare by the bar counsil and the judges.
Everything must happen only among judiciary fraternity with no political / legal luminaries.
The CJI must be with open heart to receive the representations of the highest judiciry for the betterment of the judiciary as a whole.
Re: Re: consensous solution needed
by R ponnabalam on Feb 21, 2018 04:33 PM
They must also find out whether any IAS officer had ever gone public questioning any action of Govt. and how he had been dealt with if one had gone so.If any precedent exists whether it applies here ,if not why?R.Ponnambalam
Re: Re: consensous solution needed
by swaminathankt kt on Jan 28, 2018 11:17 AM
There must not be any initiative of "impeachment" neither for CJI nor for the four judges in question as that will tamper the confidence of the people.
I only wish there must be a deep introspection by the judges as well as the CJI in the interest of this great nation.
Re: Re: Re: consensous solution needed
by R ponnabalam on Feb 21, 2018 04:48 PM
The DAMAGE IS DONE.Asking for being a member of bench or option to seek membership of bench exists.If the right of option to be in a bench exists can it ensure justice?What is this sensitive and important?Are they not biases by themselves.All cases are important and are sensitive.Sensitive to what and sensitive to whom.Important in what respects, in what time in what place .If some judges are not there is it that sensitive and important cases cannot be decided upon.Any judgement may be implemented.Implemented doesn't mean acceptance ;ie it is just implemented by the force of authority.Write up by eminent judges are there which tell LAW GROWS.What is right can be decided as wrong in a later day .Can one categorically say that a junior judge cannot or should not decide a case because he is junior and because that case is sensitive and important. We have brought disgrace upon ourselves.R.Ponnambalam
The CJI Dipak Misra has brought disrepute to the highest court of the land by his actions which smack of arrogance & disdain. This is not a man the Court needs especially when there is a threat from the ruling party & the PM to intervene in sensitive cases to get favourable judgments. It is time that men with great dignity & honour serve in this position rather than a servile lackey of the ruling party who posts cases to junior most judges. At a time when all major institutions of the country are under serious threat this man is behaving like a rogue judge. Time has come for him to be impeached & it is only the bravery of those 4 judges who had the gall to take on this crook.
All the four SC Judges who have revolted against the CJI should be removed from the Panel of Supreme Court Judges for their act of indiscipline. Unless we do this this type of chaotic situation within Supreme Court shall occur again and again.
All the four SC Judges who have revolted against the CJI should be removed from the Panel of Supreme Court Judges for their act of indiscipline. Unless we do this this type of chaotic situation within Supreme Court shall occur again and again.
All the four SC Judges who have revolted against the CJI should be removed from the Panel of Supreme Court Judges for their act of indiscipline. Unless we do this this type of chaotic situation within Supreme Court shall occur again and again.
They need termination from SC immediately, they want to draw salary, full perqs, full union like freedom, want to guarantee their pension for future. Then want to favour their Masters sitting today in opposition.
unlike the 4 judges who held the presser, has a corrupt background. Here is the most established case :
From the record of proceedings of the Orissa high court :
The CBI submitted a final status report on May 30, 2013, wherein it expressly found that:
In this case, Shri Dipak Misra, S/o Raghunath Misra, Vill-Tulsipur, PS- Lalbagh, Cuttack and permanent R/o Banpur, Puri was sanctioned 2 acres of land by the then Tahasildar Mr. J. A. Khan on 30.11.1979 at Plot No 34, Khata No 330, Mouja- Bidhyasharpur.
The allotment order of Tahasildar was cancelled by ADM Cuttack vide Order 11.02.1985. But the record was corrected only on 06.01.12 as per the order passed by the Tahasildar, Cuttack only after 06.01.2012.
In a writ petition filed by Chittaranjan Mohanty in the high court of Odisha, the court had passed an order on January 18, 2012, directing the CBI to enquire and investigate into unauthorised encroachment/occupation of government lands in the said area. The CBI had registered preliminary enquiry stating:
(a) PE 1(S)/2011 for probing into the alleged unauthorized encroachment of entire Government land at Bidanasi Area of Cuttack District comprising of 13 mouzas viz Bidyadharpur, Bentakarpada, Ramgarh, Thangarhuda, Brajabiharipur and Unit 1 to Unit 8.
The case is that Misra, when he was a practising lawyer in the Orissa high court, filed a false affidavit to the Orissa govt reg sources of income.
Re: Chief Justice Dipak Misra,
by piri on Jan 24, 2018 04:40 PM
To get allotment of free agricultural land, he lied in his affidavit that he had no source of income other than farming and secured allotment !
And 6 years later, when the Orissa govt found this out, the allocation was revoked !
In other words, the man who is the chief justice of the Supreme court today not only lied in an affidavit to the govt when he was practising as a high court lawyer, but also enjoyed possession of free agricultural land meant for landless farmers for 6 years !
In stark contrast to the corrupt background of Chief justice Misra, the other 4 judges of the Collegium have a blemishless record in office !
This was grudgingly accepted and acknowledged by the BJP loud mouth, Subramanian Swamy !
Re: Re: Chief Justice Dipak Misra,
by arungopal agarwal on Jan 24, 2018 05:03 PM
As per the appointment system, no such person can hold any govt. office due to convicted Vigilance report, it appears - either you are wrong or you feel Modi is responsible for his appointment. Even if so, what these 4 judges were doing even at his appointment in the SC even before becoming CJI. Where was their inner consciousness.
Re: Re: Re: Chief Justice Dipak Misra,
by piri on Jan 28, 2018 03:51 PM
What I wrote is quoted from the Orissa high court proceedings.
It is not *I* who went wrong !
And if as you say, no such person can hold any govt office, how sad and horrible it is that the komaaaaali govt accepted the recommendation of the Collegium to appoint Misra as CJI !!
Re: Re: Re: Chief Justice Dipak Misra,
by piri on Jan 28, 2018 03:52 PM
What I wrote is quoted from the Orissa high court proceedings.
It is not *I* who went wrong !
And if as you say, no such person can hold any govt office, how sad and horrible it is that the komaaaaali govt accepted the recommendation of the Collegium to appoint Misra as CJI !!
Re: impeach
by P S SHAH on Jan 24, 2018 04:24 PM
Oppsition want to try for an impeachment of Chief Justice of Supreme court ? Do they know their strength in both the house of parliament ? Let them try if they have guts.
Re: impeach
by P S SHAH on Jan 24, 2018 04:25 PM
Oppsition want to try for an impeachment of Chief Justice of Supreme court ? Do they know their strength in both the house of parliament ? Let them try if they have guts.
Re: impeach
by P S SHAH on Jan 24, 2018 06:21 PM
Only Congress and their friend Communists are interested but they very well know their poor strength in both the House of Parliament. This paper tigers can not do anything except giving such statements.
unlike the 4 judges who held the presser, has a corrupt background. Here is the most established case :
From the record of proceedings of the Orissa high court :
The CBI submitted a final status report on May 30, 2013, wherein it expressly found that:
In this case, Shri Dipak Misra, S/o Raghunath Misra, Vill-Tulsipur, PS- Lalbagh, Cuttack and permanent R/o Banpur, Puri was sanctioned 2 acres of land by the then Tahasildar Mr. J. A. Khan on 30.11.1979 at Plot No 34, Khata No 330, Mouja- Bidhyasharpur.
The allotment order of Tahasildar was cancelled by ADM Cuttack vide Order 11.02.1985. But the record was corrected only on 06.01.12 as per the order passed by the Tahasildar, Cuttack only after 06.01.2012.
In a writ petition filed by Chittaranjan Mohanty in the high court of Odisha, the court had passed an order on January 18, 2012, directing the CBI to enquire and investigate into unauthorised encroachment/occupation of government lands in the said area. The CBI had registered preliminary enquiry stating:
(a) PE 1(S)/2011 for probing into the alleged unauthorized encroachment of entire Government land at Bidanasi Area of Cuttack District comprising of 13 mouzas viz Bidyadharpur, Bentakarpada, Ramgarh, Thangarhuda, Brajabiharipur and Unit 1 to Unit 8.
The case is that Misra, when he was a practising lawyer in the Orissa high court, filed a false affidavit to the Orissa govt reg sources of income.
Re: Chief Justice Dipak Misra,
by piri on Jan 24, 2018 03:54 PM
To get allotment of free agricultural land, he lied in his affidavit that he had no source of income other than farming and secured allotment !
And 6 years later, when the Orissa govt found this out, the allocation was revoked !
In other words, the man who is the chief justice of the Supreme court today not only lied in an affidavit to the govt when he was practising as a high court lawyer, but also enjoyed possession of free agricultural land meant for landless farmers for 6 years !
In stark contrast to the corrupt background of Chief justice Misra, the other 4 judges of the Collegium have a blemishless record in office !
This was grudgingly accepted and acknowledged by the BJP loud mouth, Subramanian Swamy !
