Dear friends,
In several articles we have seen attrocities and discrimination on
SCs/STs/OBCs. Can we remove such discrimination by simply talking?
In case you think judicial reform is must, and in case you also faced
indifference attitude by the judiciary, or if the facts were suppressed
intentionally to deny JUSTICE to you, then please think again. The entire
community is crying for justice.
It is an opportunity to raise voice in the Parliament till 2nd Feb'07, you may
also contribute with your valuable suggestions through your Petition to Rajya
Sabha.
Copy of the advertisement from Rajya Sabha inviting sugestion on Judges
(Inquiry) Bill, and a copy of a draft petition for your perusal and submittion,
is attached herewith. The copy of PCR Act is also uploaded on the File Section
of the "Interest Group on Reservation" website.
Thanks
Mukesh Kumar
Date: __-January-2007
To,
Sh R B Gupta
Deputy Secretary
Rajya Sabha Secretariat
Room No. 005
Ground Floor
Parliament House Annexe
NEW DELHI 110 001
Tel: 23034056, Fax: 23794328
Email: [EMAIL PROTECTED]
MEMORANDA (IN DUPLICATE) TO THE PARLIAMENT STANDING COMMITTEE ON PERSONNEL,
PUBLIC GRIEVANCES, LAW AND JUSTICE HEADED BY DR E. M. SUDARSHANA NATCHIAPPAN,
MP, FOR EXAMINATION AND REPORT ON THE PROPOSED
JUDGES (INQUIRY) BILL
The memoranda of __(name & address)_________ , against the
newspaper advertisement, vide no. davp 3494(16)2006 published in the Hindustan
Times on 04-01-2007, for inviting suggestions on The Judges (Inquiry) Bill
2006, as already introduced in the Lok Sabha on the 19th December 2006;
Respectfully Showeth
That in the proposed Judges (Inquiry) Bill, additional provisions need to be
considered in protecting Civil Rights of the citizen as a fundamental rights
under Article 17 of the Constitution, and as defined for each deprived
Community or deprived Section thereof under Protection of Civil Rights Act,
1955 (hereinafter referred as PCR Act).
These additional provisions are necessary against Judges of Supreme Court and
High Courts and for the members of the Human Rights Commissions (which
comprises Retired Judges of Supreme Court and High Courts, hereinafter referred
as Judges), when any of them indulge in intentionally suppressing the facts
in their rulings to award wrong judgments or in their malicious actions and
thereby suppressing the voice and depriving the rights or privileges of the
deprived communities to any citizen or to annoy him, in violation of
provisions u/s 7(2)(i) & 7(1)(b) of PCR Act.
Although abolition of Civil Rights offence against each deprived community
(i.e. Untouchability offence) is guaranteed under Article 17 of the
constitution, to protect rights and privileges of SCs/STs/OBCs (including
religious minorities), there is no forum to seek justice against the Judge for
his impugned Judgment (or actions or rulings), wherein facts placed before the
judge are intentionally suppressed due to orthodox mindset of the Judge (or
of member of Human Rights Commission).
Such actions of the Judges may invariably encourage deprivation of rights and
privileges of all deprived communities. These judges are fearlessly and
intentionally awarding wrong judgments as there is no forum to take up
complaint against them. In fact, as a member of a deprived community, I was NOT
treated like a citizen of the country, except ONLY as a beggar with hat in
hand, who could be easily denied the fundamental rights otherwise guaranteed
to other citizens of the country. The primary aim of such judges is to convey
message to the members of deprived communities that we must abstain from
claiming our rights in the court as well, perhaps because dominant
communities occupying the government institutions have sole discretion in their
actions.
We are already aware that as per the Supreme Court Judgment of October 06, 1993
(nine judges bench) in the Supreme Court Advocates-on-Record & Anr. Vs Union
of India, read with the Advisory Opinion of October 28, 1998, the
advocates of the Supreme Court managed the landmark judgment whereby there is
no such criteria, like SCs/ STs/ OBCs, etc, used in the selection of Judges for
Supreme Court and High Courts (Refer Central Information Commission decision
no. CIC/AT/A/2006/00113 dt 10-07-06). Therefore, among the three pillars of our
democracy, namely Legislature, Executive and Judiciary, it is only the third
pillar Judiciary which excluded criteria like SCs/STs among Judges in Supreme
Court & High Courts, despite the Constitutionally defined classification and
safeguards. Can we say Judges are above the community sentiments all over the
world?
Therefore, with what faith should we come to court for seeking justice when our
own representation in the higher judiciary is completely denied?
As an another example of unwarranted supremacy of Judges, Delhi High Court has
framed their own Rules in clear contravention of several provisions of the
Right To Information Act, 2005, to make information more expensive and also
with more provisions to deny information, in clear disregard to the citizens
mandate expressed through Legislation and despite knowing that the Supreme
Court is already complying RTI Act provisions honestly and faithfully. Can we
afford to scrap our Parliament and State Assemblies in view of better rule
making capacity of our High Courts as well?
Yet in another example addressing National Human Rights Commission, any
complaint we make under PCR Act on service matters are not entertained by
them without any reasonable cause and even without giving me any opportunity
for personal audience with the member of the Commission. (Refer Central
Information Commission decision no. CIC/OK/A/2006/00079 dt 06-09-06). Can they
afford to abet the offence u/s 10 PCR Act, by denying or neglecting
investigation on the complaint? Whether a retired Chief Justice of India,
appointed as Chairman NHRC is immune from such offences under PCR Act?
You may appreciate that when a Government servant is found guilty of
Untouchability offence, he is declared unfit for public services vide MHA
OM No. 25/29/66-Ests.(A), dated 21.01.1967. However, there is no such provision
available for Judges, and hence, they have no fear on awarding wrong judgments
and on suppressing facts due in our favour, and accordingly, the Civil Rights
offence is rather increasing without any check, in clear disregard to the
provisions under Article 17 of the Constitution, and as defined in the PCR Act.
Getting injustice is our centuries old tradition for SCs/STs, as Ramcharit
Manas also said, Dhol, ganwar, shudra, pashu, naari, yeh sab taaran ke
adhikari (drums, idiots, dalits, animals and women are fit only for beating/
punishment/ repremand).
Brief summary of the impugned Judgment:
-----
-----
-----
-----
PRAYER:
THAT the special provision be made in the proposed Judges (Inquiry) Bill to
meet the cases of conducting inquiry and prosecuting the erring Judges of the
High Courts and Supreme Court and the Chairman and other members of Human
Rights Commissions, and to entertain the complaints of aggrieved citizens for
intentionally suppressing their rights through their judgments or in their
actions, and thus, consequently encouraging Untouchability offence in the
country, in complete disregard to the Constitutional rights of the SCs/STs/OBCs
under Article 17, i.e. in violation of the provisions of Protection of Civil
Rights Act, 1955, and such other provisions, which are all unfortunately made
to have success rate of bare minimum level, i.e. to less than even 1 % by the
executives and the judicial authorities.
PRAYED in the general public interest.
Name of Petitioner Address Signature or thumb impression
Enclosures:
--
Subscribe to ZESTCaste by sending a BLANK email to [EMAIL PROTECTED] OR, if you
have a Yahoo! ID, by visiting http://groups.yahoo.com/group/ZESTCaste/join
Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/ZESTCaste/
<*> Your email settings:
Individual Email | Traditional
<*> To change settings online go to:
http://groups.yahoo.com/group/ZESTCaste/join
(Yahoo! ID required)
<*> To change settings via email:
mailto:[EMAIL PROTECTED]
mailto:[EMAIL PROTECTED]
<*> To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
