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,
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