Friday, June 22, 2012

Justice Mr. Markande Katzu, might have been completely forgotten the bold judgement delivered by Justice Sri Jag Mohan Lal Sinha

Justice Mr. Markande Katzu, while criticizing the judgement of Supreme Court Of Pakistan on the issue of disqualification of prime Minister Mr. Yusuf Raza Gillani, had completely failed to appreciate the traditional power being exercised by the third pillar of Democracy in a country of Islamic Foundations. The play is done : the curtain drops slow falling to the prompter’s bell. A moment yet the actor stops and looks around, to say farewell. The approving audience gives him cheer. He bows to them and says his say. Yet down his cheek there falls a tear from him. This is the ending of his days.” “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 criminals 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.”                  “ All the persons in that court are dead, as it were, and none of them is alive, where justice is killed by inequity and truth by falsehood in presence of its courtiers.”                “ Justice destroyed, destroys, its destroyer; and justice preserved, preserves its preserver. Hence never destroy justice, lest being destroyed, it should destroy the destroyer of justice.”                     “ The learned regard him to be base caste who violates justice which gives all wealth and showers all blessings. Therefore no man should ever destroy justice.”                   “ 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 company of justice is never cut off.”  Justice Mr. Markande Katzu, appears to be unaware of prevailing corruption or he prefer to shield it, in order to get some alms by ruining the aspirations of other citizens, where in Smt Sonia Gandhi has taken over the command in the corruption oriented alien political system based upon Anglo Saxon Jurisprudence. It appears that when I listened the deliberation given by Justice Markande Katzu, in his key note speaker, while he was still the judge of Supreme Court in the Museum at Chandra Shekher Park, Allahabad, in the meeting presided over by Dr. Rama Shankar Dwevidi, Senior Advocate of Allahabad High Court praising the Aurangzeb as secular, while condemning Guru Teg Bahadur, Chandra Shekhar Azad, Sardar Bhagat Singh as Terrorist, I enquired from other guest and I was informed that “Katzu” is the purported identity of Muslims ancestors, as it was the also hidden identity of “Nehru” as both of them were fond of eating beef and pork, but as the citizen of slave oriented dynasty, we restrain to make any comment on his extempore remarks, as people will start criticizing him in open platform. I think that the time has come for expose of false identity and superimposed perception of dynasty rule left by the Britishers for our Nation. The supersession of three judges by Madame Indira Gandhi might been forgotten by Justice Mr. Markande Katzu.  Justice Mr. Markande Katzu, might have been completely forgotten the bold judgement delivered by Justice Sri Jag Mohan Lal Sinha , having disqualifying Madame Indira Gandhi on the charges of Corruption, as the standard of Judicial Institution and the Judges Occupying these posts are the vicious Circle of the refuse of scoundrel, as has been noticed from the time of induction of Mr. Nehru , Madame Indira Gandhi as the prime Minister of Our Nation.  Now the Judiciary of India is delivering the judgement legalizing the  Homo sexuality, Love Jihad for committing Rape of the minor girl to be converted to Muslims and there after being seduce in the Brothel having paradise  of Virgin girl  and Boys. Where  the Judges like Justice Mr. Markande Katzu,  leading to this Nation. I still remember the Complaint made by me as that of the ruthless behavior of  Justice Mr. Markande Katzu, when an inherently disqualified lady having the Charges of Corruption was allowed to ruin the Post of President of Zila Panchayat, despite her husband was the client of   Justice Mr. Markande Katzu, when he was in practice as Lawyer at Allahabad High Court. Fragrances are more hypnotic , music more inspiring , food tastes better and the sense of touch is more intense. This is all because of human Aura, which is extending an outlining the head and body through spiritual cult  in the form of twinkle blue, pale or gold and glitters through etheric world.  The justice is a very awful and majestic, It cannot be upheld by ignorance and non righteous person as the person who is not learned, untrained and block headed is never able to enforce the law with justice. Thus a wise man is only able to enforce the law in the strict sense. The decision of such judicial member may not be transgressed by any one.    
Even after 64 years of Independence, we are ignoring the statement made on 2nd September 1953 in the Parliament by Dr. B. R. Ambedkar himself, that: "People always keep on saying to me, so you are the maker of the Constitution. My answer is I was a hack. What I was asked to, I did much against my will. I am quite prepared to say that I shall be the first person to burn it. It does not suit anybody." India is a democratic country. Democracy means “Rule of Law”, governed by the people, for the people and through the people. Rule of Law means a system, which shall ensure that:  (i) no one, whoever he may be, is above the law; (ii) transparent and good governance; (iii) corruption free accountable bureaucracy; and (iv) Guaranteed expeditious remedies. This is an admitted fact that the major part of the Constitution of India is prepared basing upon the Government of India Act, 1935. Article 147 of the Constitution of India provides that “In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or any Order in Council or Order made there under, or of the Indian Independence Act, 1947, or of any order made there under.” The aforesaid provisions has laid downs the conditions upon the Supreme Court and High Courts not to interpret anything beyond the scope of the interpretation of the Government of India Act, 1935. The Government of India Act, 1935 was enacted by the British parliament, so amendment in it, obviously can be made by the British Parliament only, which means Article 147 is imposing a condition upon the Indian Judiciary to recognise any subsequent amendment, if passed by the British Parliament, thus virtually the sovereignty of Indian Judiciary with regards to interpretations are concerned, was tagged with the right of the British Parliament to amend the said Act. On the other hand provision does not provide any provision for amendment in Indian Independence Act 1947. The word “Council” is denotes to British Privy Council. Otherwise what is justification in Judgments pronounced by the Constitutional Bench of the Supreme Court based on references from the Judgments of the British Privy Council. Government of India has respected the conditions with several British Companies to run their monopolistic Business in India, on the terms and conditions applicable prior to 15th August 1947. There was a conditionality that the British Administrative system will continue at least for 50 years. This date expires on 15th August 1997. This is a matter of the fact that on the said very day i.e. 15th August 1997 the then Prime Minister of India Shri Inder Kumar Gujral announced from the Red Fort that about 3,000 Laws are become ineffective and defunct and would be removed. In fact, in 1942, British Government, through Crisp Mission, submitted its proposal for transfer of powers to Indians, which was refused outright by the people  -just before they had  given a call for quite India-, as because any proposal less than total freedom in the garb of the transfer of Powers was not acceptable to India. In fact, in 1942. An agreement was arises and emerges from such proposal, thus Interim Government headed by Shri Jawaharlal Nehru, as the prime Minister was formed. As per agreement in accordance with the said Cabinet Mission proposals, in or about July 1946 the Constituent Assembly was constituted through elections based on Religious Electoral Constituencies. On 6th December 1946 the Constituent Assembly started its function. In accordance with the Cabinet Mission proposals the Constitution of India is prepared basing upon the Government of India Act 1935, for undivided India. But, under the British diplomacy, subsequently division of India was declared in June 1947, though this was not the part of the Cabinet Mission proposal of 1946. The reason and objective behind his appointment was very clear that he was aware of the mindset and value of the opposition from people or their true representatives. . As a result the proposal of the Cabinet Mission was got approved directly from the Congress Working Committee, without prior consultation with or knowledge of  the people representing Bharat varsh. When Indian Parliament on the night of 15th August 1997, celebrated 50 years of so-called Freedom, British Queen Elizabeth was the main guest. Why was not Head of any other country? All Acts, enacted since (1860) 1861 including the Government of India Act 1935 were enacted in the name of reforms, but the basic object of the British Government behind enactment of such laws were to divide Indians to Rule India. It means People’s governance for the People and by the People. But, see how far this logic is working or workable in practical life and what are the experiences of the common men? In any democracy Parliament must be the highest democratic Platform. The Parliament’s first and foremost function should be to develop, improve, and enhance the good governance system, which can ensure good Governance at each and every level. But, what we are looking today is that the Indian Parliament is not serious at all to it’s such objective. The people of India may feel that the Political parties are responsible for such situation. But, according to me really they are not responsible for such grave situation. The root cause is elsewhere, as the democratic system provided by the Indian Constitution is not developed in consideration of the Indian Society, culture and its needs.     
          Each and every level of the governance, immense corruption with immunity, become important part of the system;
       Violation of Law with immunity is not a matter of surprise, for any one;
       Remedial measures are not easily available in respect of any matter of ill-governance, prevailing under nexus between the powerful politicians, bureaucrats and organised mafia;
       Immense economical, social and political exploitation is not at all a matter of concern for any politician; and
       From the whole of the country a single person from the common man can be identified who can justify that he has no grievances relates to governance at one or other level.

                                
A democracy cannot sustain for a long, unless followings principles are not translated in practice of the governance: -
1.       Truth shall prevails;
2.       Justice must be above all;
3.       Reins of the powers should be in the hands of the people;
4.       Unity, based on self reliance, self respect and self dependence amongst the people must be supreme objects;
5.       Each, including Constitutional Authority should be accountable before the law and system irrespective of his status or position;
6.       Justice delivery system should be easy, affordable and within reasonable time;
7.       In the Election mechanism value should be given to the Voters not to the Voting;
8.       Individualized Politics should not be allowed at any level and at any cost;
9.       Promotions in the Politicians should be based on experience, competency and performance;
10.   Distribution of the benefit of the progress and economical betterment of the country should be horizontal;
11.   System should not allow finding the ways to discriminate one to protect the powerful by skills or expertise.
12.     Each Individual should be kept away from the democratic process, if he does not obey these principles with the latter and sprit.

The Supreme Court of India shall admit a complaint after preliminary satisfaction, against the criminal misconduct by any person holds or holding the office of President, Vice-President, Prime Minister, any member of council of ministers in the Central Government, Chief Ministers of any State, and person holds or holding post with the or equal to rank of Cabinet Secretary; and Secretaries of the Central Government and Chief Secretary of any State, and after admit, it should be forwarded to a appropriate subordinate court for further criminal proceedings, determination and judgment. Such powers, privilege and immunities shall not cover the misuse of office of the member of the Parliament under gratification. Jurisdiction of court is like that of constructor of a building which has either perfection or many defects. The final word of posterity is dependent upon the skill and calibre of builder who may heartily desire to build up it like expert builders with architectonic virtues to amend or/and add some material both by method and uniformity and if the structure itself does not found ventilation for the want of windows and lake of sufficient light or other deficiency in the architecture, whatsoever, then to demolish the existing structure, only than we may blessed the amending hand as if the trumpet idea gives an uncertain sound who shall prepare himself to the battle?        When any charge of the gratification is leveled against Prime Minister, His Cabinet Ministers and other Ministers or against any member of the Parliament, it shall be his duty to make requisite confessional statement before Apex Court, within seven days from the date of information against such charge otherwise he is liable to be declare as disqualified as a member of the Parliament. The Constitution of India and  its legal system is required to ensure removal of the Individual-controlled politics, in practical terms cast, religion, language, reason based politics, which has strengthened the policy of English Rulers to divide Indian to Rule the country and to get powers. Resulting thereby in every segment of the society politics-crime-nexus became part of the life.
                                                           Yogesh Kumar Saxena, Advocate, High Court, Allahabad
Ex Senior  Vice President, Advocate’s Association, Chamber No. 139,High Court, General Secretary ALL INDIA BAR ASSOCIATION                                                                          Trained Mediator of the first batch of Mediation Team                                                                    Registration No. 946 of 1974 ( U.P.Bar Council of Allahabad)                                                    Special Counsel in Ganga Pollution Matter.    Executive Member, World Parliament Experiment (Bonn) Germany 22nd Feb. 7th March 2008 Conveyor  International Conference Of Jurists, Held in SINGAPORE on 28th Feb. upto 3 rd March 2010 ISRAL PROJECT INDIAN REPRESENTATIVE for SOCIAL COORDINATION ANF FOR MAINTAINING THE ROLE OF PEACE AND TRANSQUALITY IN INDIA (THROUGH SRI RAJIV DIXIT, BHARAT SWABHIMAN TRUST, PATANJALI YOGASPEETH, MAHARSHI DAYANAND GRAM, HARIDWAR 249402 PHONE 01334-240008)  Yoga superior studies &meditation science technique, 4215 NW 7 Street, #34, Miami, FL33126   International conferences of Chief Justices of the World            (Co Coordinators and Co- Organizers) at City Montessori School, Lucknow  yogrekha@gmail.com, yogrekha@rediffmail.com, 0532-2637720, 2436451, 9415284843, 9792131584,




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