Lt Gen (Land Scam): Comments from Veteran

Dear Cdr Pathak,
While I can understand your strong feelings, the facts as I understand them are:

1. An NOC has been issued to a private party for establishing a school in 70 acres of land adjacent to 33 corps HQ.

2. Earlier the NOC had been denied on the ground that 200 m around the HQs is security zone.

3. The change of heart came after the MS interfered.

4. The MS was shown as a Director of the school in its brochures specifying within brackets 'after retirement' which is what really attracted attention.

5. The phone calls indicate unwarranted personal interest by the MS.

Now, there is a need to know what is the extent of personal interest beyond being a Director after retirement, though definitely this is in itself sufficient to convict him for moral turpitude.

Now I wish to bring two cases to the notice of our august readers.

One, you may all be familiar with Justice Dinakaran's case. He was recommended to be appointed to the Supreme Court by the collegium of judges. Protest erupted on a large scale by none other than the lawyer community, because of his having encroached on govt land. The District Collector has confirmed this. The Collegium just suspended his nomination claiming that there were no objections when the Collegium had intially cleared his name and there was no provision for cancelling a nomination once made! They have now thrown the ball into the court of the govt to get the matter investigated claimng that the collegium had no means to conduct any such investigation! (What a fraud!). Incidently the CJI who has claimed that his office is out of purview of the RTI Act, which even a 5th standard pass child would say is wrong, and whose stance has been proved wrong officially by the full bench of the Central Information Commission and a single judge of the Delhi High Court, continues to preside over our justice delivery system which has deteriorated to a system to justify the crimes of the rich and powerful!

Two, the Chief Information Commissioner of UP was a tainted man even when he was appointed and RTI activists had made a hue and cry then. For the corrupt behenji, who had hand picked him and appointed him against the objections raised by the leader of the opposition who was the 2nd member of the committee to appoint the IC, it did not matter at all. Now he has been convicted by the UP HC and ordered to pay Rs 50,000/- as fine. He still continues to sit in judgement over RTI disputes in UP enjoying the status of a high court judge!

As a social/ human rights activist for the last 11 plus years I have realised that nothing can change unless the judiciary is made transparent and accountable. The judges, ab intio have the scope for making whimsical decisions. So there was a requirement to question their decisions not merely from the point of the original issues involved but also from the point of view of the personal whims and fancies of the judge involved. Unfortunately, there is provision only for the former and not for the latter which has resulted in gross abuse of office by the judges and plenty of miscarriage of justice. For the one seeking justice, going to court is like jumping from the frying pan into the fire! The injustice is compounded by the archaic provisions in our constitution and the Contempt of Court Act for punishing for contempt of court. While a democracy demands a Contempt of Citizen (Prevention of ) Act, this contempt of court armour given to judges have made them a law unto themselves. This has to change. And this change has to be brought in by the law makers who are our representatives and empowered to bring in the changes we want. The changes we want in the judiciary are listed in the letter I had written to the CJ of Kerala in 2004 (copy attached for perusal). I have also put up an online petition addressed to the Prez/PM to set up a National Judicial Commission to try and punish judges as per laws applicable to ordinary citizens. This is available at http://www.petitiononline.com/jrandac1/petition.html I request you to support it by signing it yourself and also by motivating your friends to sign it.

regards n bw
ravi (Veteran Major P M Ravindran)