The Chief Justice of India,
Nw Delhi.
Respected sir,
27% reservation to OBC, Reopening of Gujarat Cases.
As a whole the Judgment on 27% reservation is welcome. But it is surprising to note that it is full of ambiguities and misleading versions .I regret very much that Persons of your status, write such a judgment with irrelevant findings, creating confusion althrough . Various people interpret and understand the judgment in different ways, which may lead ultimately to another fight. Perhaps you desired so. Example; is this judgment prohibits reservation to PG course, as the mention of the degree as base for deciding OBC status is not clearly understandable. Only one of your Judge mentions about it and others keeping a silent on it. Mr. Arjun Singh, the author of 27% reservation, said that it is applicable to PG course also and he instructed the institutions to implement it. Many others believe that PG course is out of the reservation belt. Which is the correct one?. The Creamy Layer is also another point Is it only an advice to the Govt, to exclude creamy layer or is it an order?. Pro reservation section says it is only a suggestion by the Court to the Govt. for consideration. If so what is the use of the long judgment written by the 5 judges. On the first day of the hearing, you can close the session by giving series of advices to Govt.in the matter. At least time and money could have been saved. In Malayalam, there is a proverb “Avanakkenna Soucham”. That is the correct word for your Judgment. As a Malayalee, you may understand the real meaning of the proverb. You should have unambiguously and categorically stated in the Judgment what to do and what not. Instead, you, without any co-ordination from other Judges, pronounced a verdict according to your whims and fancy, to favor the Ruling Party, who can make it a vote bank politics. I request you to please issue a clarification on all points of doubt, to avoid rush of cases from interested parties.
Recently you had ordered to reopen certain cases of Gujarat Riot., involving some minority sections. But I do not remember the Supreme court, took a similar view and ordered for reopening of cases, relating to1984 Sikh riot, another minority wing,,About 4000 Sikhs (mostly women and children) were massacred by Congress goondas,in retaliation of the killing of Indira Gandhi by her Sikh guard. About 1500 cases were registered for prosecution of the culprits, mostly VIPs congressmen (all Hindus). Not a single accused was punished so far, even after 24 years. I enclose a copy of an article in TOI dt.,8.11.04,”struggle for justice” by a prominent Supreme court Advocate Mr. Harvinder Singh Phoolka, .You can understand from it, how the Govt. Police and even the Judiciary, toppled Mr. Phoolka”s effort to prosecute the culprits. In the case of a congressman Mr. Jag dish Tylter, the CBI recently withdrew the prosecution case, for want of witness. You can see another story “Key Witness in Anti Sikh Riots cases surfaces”, attached to the article of Phoolka. But it seems no action has been taken by the CBI or Govt. to get he witness brought to India. It seems Supreme Court take notices only in Gujarat riots an not the Sikh riot, because in the former BJPis involved and in the latter the congress .Is it not?
LIKEWISE two rape cases of Kerala “Suryanelli and Ice-cream parlor” all the witness have a turn-around after disposition to the Magistrate first and disowned it. The two cases wee dismissed. Similar was the case in Gujarat, , but Supreme court reopen the case and prosecuted the witness.
. But in the case of Kerala, your court dismissed the petition filed by Women activist Ajtha. Both the cases are identical, but you took up only Gujarat . The reason is the same as I pointed above. In the Kerala case, the VIP congressmen are involved. .
Thre are so many such cases, when Judiciary stands by the Ruling party. Another case is that of Mr. A.R. Antulay, former CM of Maharashtra.,who was charged with huge corrupting cases. The trial court and division bench of the Bombay High court, found him guilty and punished for rigorous imprisonment and fine. On the appeal filed by Antulay to SC, after dragging for5 yrs, instead of going through the merits and demerits of the findings of the lower courts, which is the basic duty of SC, you appointed a Commission, of a Retd.SC Judge, to investigate the Antuly affair. Is it not strange that the SC took an unusual path to protect Mr.Antulay, at the pressure from the then PM.. The Commission again took abut 10 years to investigate each and every grain of the Sugar and Cement (his corruption charges relate to Cement and Sugar) involved in the corruption against Antulay and finally found that he is not guilty. 15 years have been lapsed in between. It was reported in a weekly in Bombay that the Commission Chairman built a fallacious house and got married his two daughters during the period of investigation. .
The common man expects the Judiciary to be unbiased, and treat all citizens equally under law. During he past 60 years of independence , can you show a single Politician punished for corrupt practice, but instead , you can see so many poor clerks or peons punished under corruption . Is it that no politician in India are dishonest, fraud or criminal.?. It is because the Judiciary from lower level to Higher ups are favoring the Rulers, out of fear. Our Democracy will work to its real meaning, only when the Govt. Police and Judiciary will be strict in implementing the laws of the Lnd. . You have seen the Political corruption in Bihar, Goa, Orissa,UP, etc, where the congress party initiated fraudulent measures to take power though back door . Mahatma Gandhi’s name is misused by the Rulers to mislead the poor and illiterate voters.
We have full respect to you personally and afraid whether you are also under influence of the Rulers. Please excuse if I have written over enthusiastically. We can only do this, as we are unable to fight the mightly.
Nw Delhi.
Respected sir,
27% reservation to OBC, Reopening of Gujarat Cases.
As a whole the Judgment on 27% reservation is welcome. But it is surprising to note that it is full of ambiguities and misleading versions .I regret very much that Persons of your status, write such a judgment with irrelevant findings, creating confusion althrough . Various people interpret and understand the judgment in different ways, which may lead ultimately to another fight. Perhaps you desired so. Example; is this judgment prohibits reservation to PG course, as the mention of the degree as base for deciding OBC status is not clearly understandable. Only one of your Judge mentions about it and others keeping a silent on it. Mr. Arjun Singh, the author of 27% reservation, said that it is applicable to PG course also and he instructed the institutions to implement it. Many others believe that PG course is out of the reservation belt. Which is the correct one?. The Creamy Layer is also another point Is it only an advice to the Govt, to exclude creamy layer or is it an order?. Pro reservation section says it is only a suggestion by the Court to the Govt. for consideration. If so what is the use of the long judgment written by the 5 judges. On the first day of the hearing, you can close the session by giving series of advices to Govt.in the matter. At least time and money could have been saved. In Malayalam, there is a proverb “Avanakkenna Soucham”. That is the correct word for your Judgment. As a Malayalee, you may understand the real meaning of the proverb. You should have unambiguously and categorically stated in the Judgment what to do and what not. Instead, you, without any co-ordination from other Judges, pronounced a verdict according to your whims and fancy, to favor the Ruling Party, who can make it a vote bank politics. I request you to please issue a clarification on all points of doubt, to avoid rush of cases from interested parties.
Recently you had ordered to reopen certain cases of Gujarat Riot., involving some minority sections. But I do not remember the Supreme court, took a similar view and ordered for reopening of cases, relating to1984 Sikh riot, another minority wing,,About 4000 Sikhs (mostly women and children) were massacred by Congress goondas,in retaliation of the killing of Indira Gandhi by her Sikh guard. About 1500 cases were registered for prosecution of the culprits, mostly VIPs congressmen (all Hindus). Not a single accused was punished so far, even after 24 years. I enclose a copy of an article in TOI dt.,8.11.04,”struggle for justice” by a prominent Supreme court Advocate Mr. Harvinder Singh Phoolka, .You can understand from it, how the Govt. Police and even the Judiciary, toppled Mr. Phoolka”s effort to prosecute the culprits. In the case of a congressman Mr. Jag dish Tylter, the CBI recently withdrew the prosecution case, for want of witness. You can see another story “Key Witness in Anti Sikh Riots cases surfaces”, attached to the article of Phoolka. But it seems no action has been taken by the CBI or Govt. to get he witness brought to India. It seems Supreme Court take notices only in Gujarat riots an not the Sikh riot, because in the former BJPis involved and in the latter the congress .Is it not?
LIKEWISE two rape cases of Kerala “Suryanelli and Ice-cream parlor” all the witness have a turn-around after disposition to the Magistrate first and disowned it. The two cases wee dismissed. Similar was the case in Gujarat, , but Supreme court reopen the case and prosecuted the witness.
. But in the case of Kerala, your court dismissed the petition filed by Women activist Ajtha. Both the cases are identical, but you took up only Gujarat . The reason is the same as I pointed above. In the Kerala case, the VIP congressmen are involved. .
Thre are so many such cases, when Judiciary stands by the Ruling party. Another case is that of Mr. A.R. Antulay, former CM of Maharashtra.,who was charged with huge corrupting cases. The trial court and division bench of the Bombay High court, found him guilty and punished for rigorous imprisonment and fine. On the appeal filed by Antulay to SC, after dragging for5 yrs, instead of going through the merits and demerits of the findings of the lower courts, which is the basic duty of SC, you appointed a Commission, of a Retd.SC Judge, to investigate the Antuly affair. Is it not strange that the SC took an unusual path to protect Mr.Antulay, at the pressure from the then PM.. The Commission again took abut 10 years to investigate each and every grain of the Sugar and Cement (his corruption charges relate to Cement and Sugar) involved in the corruption against Antulay and finally found that he is not guilty. 15 years have been lapsed in between. It was reported in a weekly in Bombay that the Commission Chairman built a fallacious house and got married his two daughters during the period of investigation. .
The common man expects the Judiciary to be unbiased, and treat all citizens equally under law. During he past 60 years of independence , can you show a single Politician punished for corrupt practice, but instead , you can see so many poor clerks or peons punished under corruption . Is it that no politician in India are dishonest, fraud or criminal.?. It is because the Judiciary from lower level to Higher ups are favoring the Rulers, out of fear. Our Democracy will work to its real meaning, only when the Govt. Police and Judiciary will be strict in implementing the laws of the Lnd. . You have seen the Political corruption in Bihar, Goa, Orissa,UP, etc, where the congress party initiated fraudulent measures to take power though back door . Mahatma Gandhi’s name is misused by the Rulers to mislead the poor and illiterate voters.
We have full respect to you personally and afraid whether you are also under influence of the Rulers. Please excuse if I have written over enthusiastically. We can only do this, as we are unable to fight the mightly.
