The Disgrace of India: Chief Justice K.G. Balakrishnan
Dear Friends,
This is how the Chief Justice of India behave. Now you can imagine how difficult it is to get justice from this prejudiced person. But we are not going to stop here and we are going to work overtime to ensure justice in this country. Here is an application by Dr Leo Rebello to the Attorney General of India seeking permission to file a contemt petition against The present CJI.
Dr. Leo Rebello
World Peace Envoy
28/552 Samata Nagar, Kandivali East, Mumbai 400101.
Telefax: 28872741. Website: www.healthwisdom.org
Email: prof.leorebello@gmail.com
May 28, 2008
By Regd Post, AD
Sent by RLAD 2086 on 29.05.08
Attorney General, Mr. Milon K Banerji ,
Office: Chamber no.26, Supreme Court of India, 2nd floor,
Nyay Marg, New Delhi 110001.
[O] 011 23383254 [F] 011 23782101.
Dear Sir:
Re : Permission u/s 15(1)(b) of the Contempt of Courts Act, 1971, to file a Contempt Case against Sri K.G. Balakrishnan, CJ/SCI.1..
I would like to file a Contempt Case for Criminal Contempt of his Court by the CJI, Sri K.G.Balakrishnan of the Supreme Court of India, details of which are as under :-
2.. My historic WP(C) 219 of 2007 on grave irregularities in the Presidential and Vice Presidential Elections, which was filed through the Computer Cell of the SCI, after proper scrutiny and payment of court fees, was listed for hearing before the Bench of the CJI and Justices B.P. Singh and G.P. Mathur, on May 18, 2007.
3.. The CJI has lowered the authority and dignity of his court and prejudiced the due course of a judicial proceeding in the following manner:
(a) CJI rejected a very important WP filed in public interest, without hearing me, the petitioner-in-person.
(b) Right from the word go it was obvious that the CJI had made up his mind.
(c) He did not call the other side, namely the ECI, to give a say in this important matter, inspite of my repeated request to that effect.
(d) When I was addressing his brother judges (since on the DB all judges are equal), CJI threatened me in open court with action if I did not vacate the court immediately.
(e) CJI also sidelined the two senior judges who were listening to me.
(f) At the instance and instructions of the CJI, the Court Masters G.V.Ramana and Veera Verma recorded: “Upon hearing the Counsel and the Petitioner, the writ petition is dismissed¶, which is fabrication, since neither I, nor the Counsel of the ECI, was heard.
4.. When I moved a Review Petition, Asst. Registrar, PIL Cell, vide his letter D.No. 2002/2007/SC/PILC dated 25 July 2007, asked me to remove “objectionable, highlighted paragraphs¶ (read factual statements) and file the “duly cured¶ petition within a week’s time. When I made some changes and filed “proper petition¶, I was notified vide letter dated 27 August, 2007, that the same was lodged under Rule 5 of Order XVIII of the Supreme Court Rule, 1966. When RTI application was filed by Sanket Kashid, a law student, who was present with me in the SCI on 18 May 2007, the Information Officer of the SCI gave evasive and incomplete answers. All this was done at the behest of the CJI.
5.. Such prejudicial, unbecoming, irresponsible, scandalous conduct amounts to Criminal Contempt of his Court u/s 2(c) of the Contempt of Courts Act 1971. Inspite of repeated requests since the CJI (who is supposed to Right the Wrongs) has been deliberately sabotaging at every level, showing scant respect to the laws, rules and norms laid down, I am now constrained to make this application to grant me permission to proceed against the CJI for Criminal Contempt.
6.. The Attorney General is hereby urged to call for the records of this case and the copious correspondence that the undersigned has sent to the CJI and other officers, which should be on record, if not destroyed.
7.. If the AG wants the undersigned to put this on Affidavit, I am ready to do so. If the AG wants to hear me in person in order to find a solution to this unsavoury problem, I am ready for that too. Truth should prevail, justice should prevail.
8.. May it be noted that I want my important WP restored and heard by the Full Constitution Bench since the issues raised by me are of far reaching importance and in national interest.
9.. The Hon’ble Attorney General may also note, that to the best of my knowledge, this is NOT a solitary case of CJI’s irregularities or excesses. The Research Wing of the SCI should be asked to produce records of the cases handled by the CJI and (i) how many cases the CJI has rejected arbitrarily, since assuming the august office; (ii) how many cases are not consistent with the provisions of law; (iii) in how many cases orders or judgments delivered are without considering the merits of the cases; (iv) in how many cases the records have been falsified like in my case.
10. The CJI has also been throwing decorum to the wind, by uttering that RTI does not apply to the SCI, thereby defeating the very purpose of the Act put in place to bring in transparency and accountability in the highest echelons of the Govt.
11.. The CJI has similarly gone on record that he will not submit his and his family’s accounts, as per the mandatory provisions of law.
12. The CJI is also interfering in due process of law and improvement by opposing the very constitution of the National Judicial Commission.
13. Whatever stated hereinabove goes to prove that CJI, Sri K.G.Balakrishnan’s behaviour is contemptuous and as such he ought to be prosecuted for criminal contempt of his court.
14. Therefore, in addition to Criminal Contempt, for which this application is moved, I reserve my right to refer this matter to the President of India, Members of both Houses of Parliament for initiating Impeachment proceedings against the CJI.
15. As a law-abiding, informed and proud Citizen of India, I will be pleased if I do NOT have to take this unsavoury step. I still hope that better counsel prevails on the part of the CJI and he restores and assigns my important WP(C) 219 of 2007 for proper hearing strictly on merit of the case, to the Full Constitution Bench, for the issues raised in my petition are of far-reaching national importance.
16. Mr. Attorney General, there comes an unique opportunity in one’s life to stand up. In this case either you become a mediator and get my WP (C) 219 of 2007 restored in public interest or grant me the necessary permission to file a Contempt Case against the CJI in accordance with law. I do not think you have any other option, if we go strictly by the law of the land. Hence, I call upon you to stand up, act with conscience and go down in legal history as an upright AG. An early response will be appreciated.
Best Wishes
Sd/-
Dr. Leo Rebello
