legalWrangles02

NAMOONA

when my writ petition WP ( c ) No.35016 of 2009 came for admission in the kerala high court, the judge started off with a “technical flaw” in the petition and declared that the address of the first respondent, the cabinet secretary of the government of india as given in my petition,

the cabinet secretary,

govt. of india,

rashtrapathi bhavan,

new delhi -110004

was wrong. I made desperate attempts to convince the judge that the address I had given was the correct one, but to no avail.

For a novice like me this sort of an attack from an unexpected angle could be disastrous - even I, (at least then,) did not expect a judge of the higher judiciary to raise an objection at a hearing about a matter he is clueless about ( now I know better ) and you start wondering whether you have made a mistake after all! Your equilibrium is disturbed – and could be that is what is intended. Incidentally during that hearing my mouth went completely dry and the lips and tongue were stuck; articulation became impossible. I never had this sort of an experience ever before in my life. Long back in tdmc I remember telling the youngsters in the lecture classes that one of the functions of saliva is to help in articulation but I did not expect its absence to affect articulation so drastically – don't you, "doctors", think it is another symptom of the tertiary stage !

the cabinet secretary as far as my information goes is the senior most officer of the indian administrative service, the coveted IAS, and there is only one cabinet secretary in the whole country. Even if the address is written as just the cabinet secretary, government of india, it will definitely be delivered to him in new delhi - the india post officers are not "that" stupid. But i decided to be on the safer side and take no risks.

And, by the time I filed the writ appeal I had made a request under RTI 2005 to the cpio of the cabinet secretariat using the same address and the reply no.F-12015/421/2009-RTI dated 04.01.2010 of CPIO with the correct address of the cabinet secretary of the government of india direct from the horse's mouth was included in the appeal as ANNEXURE P1.

From legal

All the same, at the time of the hearing of the appeal WA No.367 of 2010 another learned judge started off in the same vein, harping on the same matter, “incorrectness” of the address of the cabinet secretary.

In the writ petition it was my word against that of a high court judge and I did not stand a chance. But during the appeal I had produced documentary evidence to prove the judge wrong.

“you cannot sue the president”

“We cannot send a notice to the president of india”

the harangue went on,

in spite of the documentary proof !

the implication, it looks, is that all communications going to the rashtrapathi bhavan is addressed to the president of india; how stupid !

The above instance is typical of the way the kerala high court judiciary dispenses “justice” in my case. People are beyond reason. They have a separate agenda of their own and there is no point trying to tell them anything that is to the contrary. They simply won't listen to you.

How do you tackle this sort of cantankerous characters ? !

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CLOUD NINE

legalWrangles01

JUDICIAL CHEATING

 

       It was in 2002 that I, for the first time in my life, filed a petition in any court of law, OP No.30121 of 2002 in the Kerala High Court and that was after I crossed into my fiftees. In that first case I had hired the services of a lawyer. it was an open and shut case and of course the decision was in my favour. But the concerned culprits whose lawyers get paid from the exchequer had decided to drag on with the judicial proceedings with aim of tiring me out monetarily ( as well as otherwise ) and it was out of sheer desperation that I started pleading cases on my own. 

Later on matters got more complicated and I had other reasons for pleading on my own – for one thing it has to be some one who has faith in the cause and in may case I am the only onewho qualifies that way. Also with the tremendous clout of the indian gestapo it is very much possible the lawyer will take money from me and plead the gestapo's case!

So the second writ petition WP no. 34353 of 2003 on the same matter I myself prepared and presented; and I got a decision in my favour – a proud moment in deed and I have a copy of the judgement on the net ( in the form of photographs) LINK. Again the authorities managed to drag on and I prepared a third petition and got it admitted. It was then that foul play started in earnest. From the very beginning every effort was made to stall the proceedings – it was on the day the case was coming up for admission that my brief case with the case files was pinched in the ernakulam railway station by the “pakkichi” police LINK

The crowing glory of it however was when the case was called on September 24, 2004 after duping me into believing that the hearing was on September 25, 2004. The hearing of the case was fixed for 25th of September 2004. The presiding judge himself told me so and that though 25th of September 2004 is a Saturday, the court was going to be in session on that day. But when i reached the Kerala High Court on September 25, 2004 on time, i was told that the case had already been taken up on the previous day, September 24, 2004. If at all there was an exigency the hearing could have been postponed. Not only that, decisions were taken on that day in my absence – it was an act of commission. A detailed account is available in the the WP ( c ) no.187 of 2009 of the supreme court of india available on the net at this LINK. Please see ara 14. d. v) as well as para D. and this was happening immediately after I who had no formal legal training whatsoever had at my age for the first time prepared and presented petitions successfully in the same high court  LINK - i was being taken for granted  !
 

If an ordinary mortal does this sort of a thing it will qualify as cheating; but when it is the members of the higher judiciary that does it you cannot call it cheating; one has to use courteous language. So how about christening it ”judicial activism” ?

The basic tenet of the judiciary is a fair trial and there cannot be a fair trial without hearing both the parties. How can a prejudiced system that takes one sided decisions qualify as the judiciary! 
 

The instance mentioned above was not an isolated one. During the same period ( 2004 ) I had another case WP ( c ) no.19891 of 2004 in the kerala high court, this time alleging police harassment. The hearing, though in the open court, was a private affair between the presiding judge and the learned govt pleader and I didn't have to utter a single word.
 

The judgement specifically mentions that as the learned govt pleader assures the court that there is no harassment there is no need for any orders LINK. Of course I am not a learned lawyer but an illiterate imbecile and I cannot be expected to understand the logic of these words of wisdom from the legal luminaries. And in my utter foolishness a question comes to my mind – if there was harassment would the learned govt pleader have admitted in the court yes, her party is harassing the petitioner!
 

Or could it be that the illiterate me did not use the correct terminology? It was that I was not being harassed but was being tortured and I should have used the term torture and then the learned govt pleader would have told the court that they were torturing me?

The judgement also says that the learned government pleader produced all sorts of documents but I have no idea what these documents were ( “security” reasons ? It was the dgp who was the respondent in that case) and absolutely no clue as to what transpired between the presiding judge and the learned govt. pleader.

There is a hindu concept - yada yada hi dharmasye, glanirbhavathi bharathe  . . . .  - the gist  of it is that whenever required the hindu god takes various avtars to save the world from demons ( that is people like me! ) . could be these are the latest versions of the avtars! - they know everything!  by the way hitting below the belt was the acceptied norm amongst many of the avtars - there are "n" number of such "celebrated" instances described in the hindu mythology. dushta nigraham is the ultimate aim of the avtars and there is no harm doing the dirty on a jyothi in the bargain. obviously what the dushtan has to say on the matter is of no moment.

Whether it is that the members of the judiciary were too naive and swallowed the bait hook, line and sinker or that they were hand in glove with the criminals is a moot point. Whichever way it is, I was written off as a human being (that is Great ) and am at the mercy of the hired thugs of the spies! So, in effect the worst injury was inflicted, knowingly or unknowingly by the kerala high court judiciary and they have got themselves implicated in the affair. And that was the simple reason why I approached the apex court in 2009 and not because I had my father-in-law there in new delhi. ( but I had people prying on me from the newdelhi railway station restaurant onwards and they can expect a doze in the near future )

The apex court did a cunning pontius pilate on me and washed their hands off. I was directed to go back to the kerala high court and that, in spite of the fact that I had invoked article 14 of the constitution of india (“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”) in the WP in the context of my past experiences in the kerala high court.
 

i have complied with the directions of the apex court in WP ( c ) no 187 of 2009, a writ petition WP ( c ) No.35016 of 2009 followed by an appeal WA No.367 of 2010 in the kerala high court and the result was as expected. I will keep the autopsy report for the next issue for this is getting a bit too long.

Now that the formality is over I am free to revert back to the supreme court. And this time I might be able to do it on-line for I have procured a credit card for this very purpose only. and  i might get lucky this time - there could be another gopala reddy!

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