Saturday, May 26, 2012

How , one may forget the Incident of the Supersession of the three Judges, When Justice A. N. Ray was elevated as Chief Justice of India by Smt. Indira Gandhi.


All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminal are not punished. A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice, is the greatest sinner .Justice destroyed, destroys its destroyer; and justice preserved, preserves its preserver. Hence, never destroy justice , lest being destroyed, it should destroy thee. In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But the company of justice is never cut off. When injustice is done in the government court out of partiality, it is divided into four parts of which one is shared by the criminal or doer of injustice , the second by the witness, the third by the judges, and the fourth by the president king of an unjust court. Legal justice , with a humane mission, must update itself to legitimize progressive urges, discern the reality of social changes and design its delivery system, so as to obviate the dominance of the Proletariat by the accelerate people’s access to effective., limitative justice. The contemporary command of social justice, which is also the socio-economic demand of the common people, is that the prevalent forensic astigmatism shall be corrected by sloughing off archaic, arcane authoritarian procedures which often spawn the paradox of a wealth of abuses and a poverty of access vis-à-vis institutions of legal justice.
The bar and the bench are meant to provide mutual assistance for dispensing the justice. A prominent Bar is always considered to be of utmost requirement for imparting the duties assigned to the Judge, while deciding the case before him. The opportunist Lawyers always get their position in the matter of Elevations of the Supreme Court and High Court Judges. How , one may forget the Incident of the Supersession of the three Judges, When Justice A. N. Ray was elevated as Chief Justice of India  by Smt. Indira Gandhi. She purposely restricted  the free speech of Indian Hindus, who were subjected to atrocities by the fundamentalists Muslims and ultimately the Suppression of the Right of free expression, Prohibition against resurrections and Suppression of the Right of Life came into Picture. It was the period worst than the period of British Rule, When at least  Hindus were given their due protection against atrocities committed by Muslims and by Hindus upon the weaker Section Of Society. How one can forget the humiliation suffered by Justice H.R. Khana for giving the minority Judgment in  MISA preventive detention matter pertaining to ADM Jabalpur case .Judicial activism was based upon accountability of the Executive action in the State. This was increased during the period , when Judges Of High Integrity, and Potentials were being elevated to the Bench. It was just after taken over the process of selection  of Judges by The collegiums of The Judiciary. The system of Give And Take In the process of the Elevation Started. It was during the period of adorning the crown by the Judge of the particular religion, that 20 judges of insignificant age were elevated with the Idea of promoting the Jihad in the arena of  the Judiciary also. Judicial activism abrogated just after their elevation. It has been finally  came to an end. It is well known that accountability is not wanted by the criminals and when the foundation of their religion are it self based upon sex and crime, how does this situation , which promoted the deception by  falsehood, cheating, subjugation and abrogation of the means of innocent citizen for promoting Darul E Islam may not be  liken by them. Why these individual will invite the risk  to have their Transparency and accountability. There was the mission with political agenda to capture the entire world in dominance of a particular religion, while Hindu judges remain satisfied with their lust for greed, power, favoritism and Corruption. Thus the beginning of opportunism has gone to the extend that Kashmir Brahmins, who were uprooted from their motherland, but  their representative, after emergence of Gandhi- Nehru Nexus, for  being them elevated to supreme Court and High Court of Delhi, have now  started declaring that Aurangzeb was the  Secular and the painting of M. F. Hussein depicting the portraits of Ma  Durga,  Ma Swarswati, Ma Parvati, Mata Laxmi and Even Naked Bharat Mata. The chapter of Judicial activism, which was once started by the esteem respected Judges of Supreme Court was not only eroded, but the Judgment given BY Justice Kuldeep Singh in Smt. Sheila Dixit,  Mr. Kamal Nath cases ( In reM.C. Mehta Motal – Bias River Water Diversion  were Reviewed by these Justices. . Smt. Indira Gandhi had taken the license to denounce the authority of Comptroller and accountant General by getting the Expenditure  disproportionate to its pre audit limit, which was not changed. Now the Government is ruled by alien power.  Sonia Gandhi has taken the command in her hand to mis-utilization  the investigating agency of Central Bureau Of  Investigation to get her  political empire remain intact, even if no confidence motion passed by majority of political party. Now the Nation is Govern without any Ethics, that is , if you  Show me the man, I will make a Law to benefit him. The judicial Activism is Over. The people are ruled by alien power. They can not Combat Islamic Jihad. Law does not talk with Justness. There is no accountability. Judges are elevated,  having no essential qualification, which is based upon rational classification. Opportunists  are elevated. Supreme Court Stay the entire proceedings, even beyond the scope of the adjudication placed before Them. Justice Nirmal Yadav elevated, who are indulged in briary . Number of Judges remained involved in Provident Fund Scam, but who has been  resigned till yet. This idea may promote us  of secularist Time and again Commissions have been constituted to convict, by hook or crook, the accused of the 1984 Delhi riots.  It is the matter of disgraceful event in the history of Judicial accountability, that Justice, U. C. Banerjee may declare that there was no incident of Godhra Burning of Ram Kar Sevak and there after , even after the acquittal of the innocent people in Post Godhra Violence, Which Provoked on Account Of the Arson Of Godhra Mass Burning , the further trial in  2002 Gujarat riots even after their acquittal by the courts of law. On the other hand, terrorists like Wassan Singh, Zaffarwal and Jagjit Singh Chauhan deserving severe punishment have gone scot-free for want of proof and it did not impel any secularist to deplore such acquittal and seek re-trial.  Mushrooming madrasas in the country indulging in anti-Indian activities. This  does not worry these secularists but they have the audacity to term the activities of RSS and VHP as anti-nationalists. For them, religion-based reservation for the Muslims in AMU is not an anti-national act, but the alleged discrimination in relief-distribution to the quake-hit in Bhuj surely perturbs these secularists. 5% reservation for Muslims in A.P. awaiting emulation by Bihar and many other State Governments is another burning example of their secularism. Pampering the Muslims at the cost of the Hindus is an unpardonable sin, which cannot be forgiven by any rational and nationalist Indian. It is nothing but a political gimmickry for appeasement of Muslims to garner their votes, which has rendered the Hindus orphans in their own land. The coming generations of ours are being recklessly thrown to a disadvantageous position. The virtual slavery is inevitable for us. The irony is that their secularism erupts only when the interests of the non-Hindus are involved. Thousands of Hindus being murdered in Mopla and Naokhali riots before partition, lakhs of Hindus being butchered and cores suffering displacement during partition in 1947 did not make a dint on any of these secularists. Thousands of Hindus being slain in Punjab and Jammu & Kashmir and lakhs are being rendered refugees in their own motherland. This did not shake the soul of the secularists. Conversion of Bangladesh from a secularist to an Islamic nation in 1979 did not perturb these secularist, nor did the planned elimination of Hindus in Bangladesh and Pakistan caused qualms of conscience to them. The kar-sewaks burnt alive in Godhra. This  doesn’t make any difference to these secularists, but its reaction in the form of Gujarat riots is termed as a “blot” on humanity and the heads are “lowered in shame”. Muslim invaders looted & demolished thousands of temples and erected mosques over them, but redeeming Ram Temple from underneath Babri mosque is the “blackest day” in their life  Secularism (or pseudo-secularism?) has done immeasurable harm to Hinduism. The selfish Hindu leadership, both religious & political, is always eager to compromise the interest of Hindus for transient gains, in the name of secularism, without realizing the harm caused to the religion in the long run. Is this secularism not applicable to Muslims? Never does a Muslim ever talk of respect to the other faiths.  Hindus are always eager to appease the other communities (Muslims, Sikhs, Christians etc.) by following their customs/rituals. We may justify it as secularism, but actually it reflects our wavering faith in our own Gods and Goddesses. On the contrary, rarely is a follower of other faiths seen in our temples or practicing our rituals. The Hindus are not ready to bear pain involved in fighting for their own rights and always look towards others to fight for them. This philosophy has made us cowards to such an extent that we did not retaliate, even the invaders, who attacked us in our homeland. Just a handful of Muslim invaders attacked us, captured us, slew us, converted many to Islam, outraged the modesty of our women, broke our temples and used every possible atrocity to destroy Hinduism, but the philosophy of non-violence made the Hindus surrender every where. The Hindus, who believe always in the existence of Gods and Goddesses as the symbolic representation of their faith in the form of worshiping  of trees meant for their own  protection of life as synonymous to god  like peepal, banyan, banana, tulsi and jand, tamarind, kalamba etc, as all having medicinal values and  their cultural triggers. Their zoolatry is  in worship to  the different  form of animals, as their existence is required to maintain Eco- Environment- Ecological Balance for survival of Human Race. Lack of faith has seriously affected unity among the Hindus and has lead to disorganization and weakening of the Hinduism. On thousands of occasions, Hindus have miserably failed to protect the respect of their Gods and Goddesses and religious This makes us unorganized and leads to lack of consensus on trivial issues like dates of Hindu festivals. Our religious scholars seldom agree on single date for festivals leading to celebration of festivals on different dates. This dilutes the devotion & enthusiasm and also impels a sense of ridicule for our religion in the minds of others. This is solely because of non-availability of a centralized religious command. This gave the others an excuse to shy away from the duty to sacrifice for the country. Whenever there was any attack, it was the Kshatriyas, who were to face the brunt. Many a time, their short number or non-availability of fighter-Kshatriyas, lead  us to their defeat in wars.


 

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