Honorable CJI Ramana,
In your recent address to Indian American audience you said, ‘Let me make it clear, we (SC) are answerable to the Constitution and the the Constitution alone, to enforce checks and balances enshrined in the constitution, we need to promote constitutional culture in India and spread the awareness of roles and responsibilities of individual institutions‘. Sir, we are at a loss as to which ‘Constitution’ you are referring to.
Let us first start with the selection of the judges. Sir, where in the constitution does it say that judges appoint judges and that too five judges including CJI will appoint the 30 odd members of SC who will decide the fate of 1.4 billion people across 28 states with 121 languages (and 22 official languages). Sir, please help us find where in our constitution it says most of the judges should be from a handful of families and we be blessed with ‘uncle’ judges in multiple states where the relatives of the judges practice in the court? News reports say every third high court judge is ‘uncle’. Wonderful. Sir, we also cannot wait for the third generation judges such as the ‘Chandrachud’ family to reign over 1.4 billion hapless citizens while the papa will do everything to promote him during his tenure in SC just as many judge papas are doing right now. A long retired judge recently lamented that when he meets other judges these days they introduce their own children as future judges! Sir, which other nation has a judiciary with complete lack of accountability to its citizens and zero transparency in selection of its judges? Which nation’s judiciary mandates post-retirement positions for themselves? Sir, is there anything in the constitution about checks and balances of the judiciary? Perhaps not, the framers of our constitution did not see any such need and are assured that judges will conduct in the most sincere and upright manner with the best interest of the nation as is being displayed today.
Sir, please help us find where in the constitution does it say a person is guilty without any trial when two SC judges Hon. Judge Surya Kant and Hon. Judge Pardiwala delivered their comments on Nupur Sharma for something that is not even part of the issue she approached the court. This is against a person where there were 70,000 threats to her life for repeating the same thing that is certain religion scripture said and affirmed by many of their own, that too in the face of enormous provocation, as many judiciary own members, bureaucrats and even army officers wrote to you about. You recently warned the media and social media about kangaroo courts, ill-informed and agenda driven debates against judiciary, and that courts will take action, but sir, it begs the question what action you plan to take on these judges who did much worse than kangaroo court and created a dangerous situation for many in the nation. Or Sir, did Shariah law replace Indian constitution?
[Sir, you recently mentioned that Judges can be vulnerable to attacks because of media and social media comments and you are losing patience and will act if necessary. What about us, Sir? When our homes are burnt you give bail, when our women are raped and lacs displaced you recuse ….. I can’t resist asking Sir, is this constitution you are following based on some gestapo document?]
Sir, which part of the constitution says the Judges can recuse themselves instead of protecting the fundamental rights of its citizens, nay, the daylight murder of democracy in the brutal post election violence in West Bengal, either because they are afraid for their own or their relatives lives or could care little to protect the women being raped and lacs of people displaced. You say judiciary is answerable to the constitution alone, please tell where it says judges can recuse their responsibilities while they leave the citizens whose fundamental rights they need to protect from dangerous forces.
Sir, please educate us also which part of the constitutions say the criminals and terrorists have more rights than victims and citizens. What a great judiciary we have where the supreme Supreme court of India wakes up in the middle of the night to hear about terrorist that perpetrated a massacre while literally 5 crores cases are pending and most arrested spend time in jails more than if they were convicted. Sir, if I come and burn down your home, do you think I deserve bail. We even arrest those who recite Hanuman Chalisa in public space without bail! You are from Andhra, do you know that there were multiple well planned riots in Bhainsa, Telangana by criminals who follow Islamic faith and the perpetrators were let go with bail. Sir, recently Supreme Court removed death sentence to a criminal of Islamic faith who raped and killed a 4 year old girl while the same Supreme court in no time affirmed death sentence to a criminal of Hindu faith who killed a deranged woman. I am looking hard sir, where in the constitution does it say that the sentencing needs to be decided not based on the crime but on the faith. Please educate us.
Sir, while you were in US, there was a raging issue of Roe vs Wade over abortion rights. I am not sure if you were following the debate, it is based on christian right belief versus the left. This is based on majority religion, not on Judaism or Islam, Hinduism or any other. When the Supreme Court of India decided on the issue of menstruating women entry to Sabarimala, an issue of Hindus, it brought into arguments of separate denominations like Christianity. Per official records, Christian population is less than 5% but then our great Supreme Court needs the Christian denomination concept to address the issue of 10,000 year civilization of Hindus still followed by 70% or more. And more, this is in spite of temples in the country where male devotees are likewise not allowed and has roots in local beliefs. On top of it, the fact the judges seriously discussing about equality of gender rights in the face of not a single Muslim woman is allowed into even one of the lacs of Mosque spoke volumes. Sir, which constitution were SC judges (at least 4 of the 5) were referring to when they make such judgements? Sir, not sure you noticed it, the Original copy of the constitution of India had a photo of Ram, Sita and Lakshmana returning from Lanka to Ayodhya. Maybe the writers of our constitution violated their own constitution!
Sir, the judiciary comes across that they are the police who will tell other branches of the Government what they need to do and what not instead of ensuring the laws passed by the parliament are adhered to and fundamental rights are protected. It even wants to dictate what the military does, such as in Kashmir. Sir, is the Judiciary going to run the wars for the nation? Maybe the judiciary will start taking over the administration of the nation and even tell us who can stand in elections and who cannot. As you said, we have not learned to appreciate the roles and responsibilities assigned by the constitution to each of the institutions. Maybe these are improvements on the constitution envisioned by the judiciary, just as an unwritten collegium and ‘uncle’ judges system! Or perhaps there is a constitution out there SC follows that we have no clue to what it is.
Sir, in your US speech you spoke about tolerance and inclusiveness to your mostly Hindu audience. We heard that you felt it is your sacred duty to meet with Indian American Muslim council which is currently partnering with Western elite forces to bring down India such as anti-CAA resolutions in multiple US cities, even Islamophobia bill to portray India in poor light. Hope you gave them similar advice. How did they respond to you sir? Did you know, it is the same organization that claims they stopped Narendra Modi from getting a visa to the US when he was Chief Minister. But then, we have to be inclusive and talk to everyone to prove our credentials. Thank you for your example.
Sir, our Judiciary has become a paragon of inclusiveness that you will direct its majority citizens to kill themselves to help those who are attempting to kill them and save them the trouble. Like Mahatma Gandhi, you will advice our women to submit to rape than to resist, as he did during partition riots. We will allow literally hundreds of thousands of our minor girls to be deceptively married for conversion perhaps because we want to be inclusive. In spite of the hectic schedule, SC will even dictate the height of Dahi-Handi pyramid, pollution from Hindu festivals but will not say a word on Bakri-Eid slaughter pollution. How does it matter if it is an agenda driven to wipe out ancient civilization but we have to prove our credentials of inclusiveness. Sir, I am immensely proud of the inclusiveness of our judiciary that it will fight for the rights of illegal Rohingyas and Bangladeshis even where they are settled there are increase in crimes, do not care even if they are settled in selective geographic areas for political goals, while we are not able to settle the 500,000 Kashmiri Hindus for last 31 years. We will work overtime and with urgent attention overnight to save illegal settlements even if they are involved in crime. Sir, even Pakistan will give death sentence to those who did lynching or Bangladesh resort to extrajudicial killings to radical elements, but we have to prove our inclusiveness and ensure their rights are preserved. Literally hundreds of thousands of crores are poured into the nation to do dubious conversions for Western geopolitical goals aiming at nothing short of complete decimation of only remaining 10,000 year old civilization (with 30% of your state of Andhra converted) but when a petitioner approached you about the issue you threatened him. Great humanity sir. The country needs to be proud of our judiciary example.
Sir, you also spoke about great US nation while same time run down India on foreign soil. Sir, did you know that US Global elite are funding to do regime change in India and recently some of the Indian news media covered on how they murdered space scientist Homi Bhabha and Indian Prime Minister Lal Bahadur Shastri? Have you seen the recent movie ‘Rocketry, the Nambi effect’? Did you know that the PIL industry such as Human Rights Law Network (HLRN), Amnesty International that are regulars in Judiciary circles are really front of the organizations which want to combine Muslims, converted Christians, Dalits and do regime change so that they can have pliable nation to be used for their goals, not for Indian citizen goals? Did you know that the Nupur Sharma episode is an orchestrated operation to weaponize radical Islam for geopolitical goals? Just recently even though India went out of its way to provide Hydrochorloquine to US to combat Covid crisis, when India was in dire situation US elite refused to give simple raw materials needed to produce our vaccines (and even hoarded 500 million vaccines even when they do not need it). Did you know that US settlers completely wiped out Native Americans and brought many millions from Africa to do brutal slavery? Sir, though the US has 5% of the world population, 1 out every 4 jailed persons in the world are in the United States. We are here because we are useful. For you to run down India that gave refuge to every civilization of the world and continues to help in spite of many odds it is facing, that too in front of US elected officials and giving lectures about lack of maturity in other Indian institutions is an extremely sad spectacle. It is heartbreaking. Perhaps somewhere in your ‘constitution’ it gives the right to run down your own nation in other nations! You also spoke about the example of Abraham Lincoln. Sir, did you know that when the country is faced with civil war and lack of cooperation from the judiciary, Lincoln is known to have planned to arrest the Chief Justice of US Supreme Court. Perhaps that is part of history we should avoid reading.
Sir, you recently mentioned that Judges can be vulnerable to attacks because of media and social media comments and you are losing patience and will act if necessary. What about us Sir. When our homes are burnt down you give bail, when our women are raped and lacs displaced you recuse, when our hands and legs are cut you just put them in jail, when our security personnel are stabbed and the body is thrown into ditch you would not charge, when our heads are blown with killer rocks because we dare to celebrate our festivals you have to go on high gear to protect their illegal homes, when they riot with caches of killer weapons and administration demolish their citadels you want to ensure law is followed and when we retaliate we deserve same punishment as those who attacked us. Only we have to answer pollution concerns for sin of celebrating our festivals. Just few days you literally threw Nupur Sharma who is no different from your two daughters, to die a miserable death but for intervention of few. I know what you mean sir. You mean Judges and their families lives are more precious while our lives are meant for sacrifice. Must be somewhere in your constitution. Please do not worry sir. Our judiciary is known to take it as its predominant duty to protect the rights of criminals and terrorists. Even while our police officials could be mowed down by criminals, military personnel could be killed by terrorists but Judges will be safe. With all due respect, your fears are unfounded. I can’t resist asking sir, is this constitution you are following based on some gestapo document?
What an explosion of suppressed feelings of lakhs of Indians ! Great many thanks for such a review of Supreme Court paranoia.
But, unless and until a legislative action is taken into the process of delivery of justice and selection of judges, things are not likely to improve. An overhauling of the system is imperative.
A highly ethical committee of experts in jurisprudence should be constituted by the President to look into matters of selection of judges and delivery of justice.
Sir, Why don’t you publish this in leading newspapers of India? Only public pressure will have the impact you deserve.
Excellent conception.
But will it deserve the attention of so called intellectuals including the judicial community?
Very well articulated. The judiciary needs to take not and take immediate corrective action.
In simple one line – dismantle the judiciary in India. As it is they are unable to deliver justice. So why spent money and have false hopes
Very well written.
The Indian judiciary needs an urgent correction. They must actually abide by the constitution and avoid favouring the muslim and left agendas.
Excellent facts based post showing mirror to the Indian SC and also CJI.Your post has echoed the agony of the millions of Indian citizens about the illness of SC other layers of Judiciary. I nutshell I too feel that Indian Judiciary have become an institutional security threat by creating stumbling blocks in the way of the genuine functioning of the government through the PILS running as industry, which judges are well aware of. In the developing democracy as well as economy such as India the role of the SC should be of facilitator by positive interpretation of the law and the constitution,instead Judiciary is abrogating power to itself misusing its Independence and portraying itself as super government without any shared of accountability. By doing so Indian democracy has been brought to the brink of danger posed to subvert India in many ways. Hence there is a need for serious introspection by Judiciary itself and also by the other organs of governance.
My question is, will the piece be read by the people to whom it is addressed? Or will it be ignored? Will there be any efforts to understand the pains in the hearts of the non -minoritities (there is nothing like a majority religion in the Hindu culture, which is not a religion as per the Abrahamic concept) on the part of the people in high echelons in different fields? I would like to commend the writer for his forthright views.
Sir,
Please give proper Justice to Nupur Sharma. I think Judgement against Nupur Sharma is in Justice.
Sir, I think against Nupur Sharma Judgement is injustice.
Satya Dosapati deserves to be commended for showing the mirror. Sincerely hope it writing will have a postive effect to remedy the ills of the judiciary EFFECTIVE STEPS ARE NEEDED ASAP
Is it not time to ask more and more questions and public agitation by intellectuals in rhe country. There is immediate need to begin citizen agitation in rhe country with regards to mountain of anomalies in the judicial system.
Our constitution has allowed judges
to make judgements according to
their will, now the time has come to restrure our constitutio, example, high courts found wrong
with section courts judgements, SC found wrong with highcourt
judgement on the same case, secondly appointment of judges( SC& HC) through parliament two-thirds majority,
Dear Sir,
The letter addressed to Hon’ble CJI is a very apt one. In fact, I wanted to write him after his retirement on almost similar issues and lines.
Very interesting counter with facts, provisions of law and misuse of judicial powers by so called protectors of Constitution. It’s appreciable that such a solid response given to the highest judicial authority. Pray good sense prevail among the likes to tone down their hypocrisy and come on board with reality. Hats off for such a daring blog Post.
I am impressed with the comprehensive thought and holding the mirror while also catching the bull by the horns where the eminent people speak in public and international forums without an iota of responsibility. All nations have their warts. Yet, poking holes in the patra you eat from may earn accolades from those who wish you dead; and certainly not cover you in glory. Ramanna has done dishonour to the office he holds for the land that trusted him.
Sad but true
Very true & worthy comment upon existing judiciary as well constitution system. Both if we see thoroughly are more than 100 & 75 years old & virtual copy paste of British system. Our IPC, CrPC both framed 100 years back following British System taking in view those days society culture & atmosphere. Now there got lot changes & developments in society so both these constitution & laws need vast changes leading to existing social cultural & political approach changes in the country.
It’s really an eye opener. The observations are commendable. The purpose will be served only if this is sent to CJI or else it just falls on deaf ears, and there is no purpose of penning such a big article.
Wow ! very very profund and articulate , Kudos to the writer !
Judicial Reforms and Police Reforms are two of the most crying needs of the hour. To delink Police from the influence of netas and criminals and to reform the judiciary and delink them from the influence peddlers. These influence peddlers are the self styled guardians of our judicial system (you can call them the Lutyen’s elite who are looked upto by our judiciary for crumbs of advice.
We also need to immediately remove the surreptitiously inserted “Secular” word in.our Consttution by Indira Gandhi’s Congress Government.
Very thought provoking article. But I don’t understand why you have been addressing these bunch of crooks as “ SIR” ? They themselves have made it mandatory to be addressed as “ Sir” when there are proceedings in the Courts — out of courts these are just citizens of this country not even those 1-27 categories of citizens which are useless
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