JUDICIAL CHEATING
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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AUTOPSY
