legalWrangles03



a foregone conclusion

KILL THE PETITION
and
SAVE THE SPY

last modified 20110118_1930 gmt

Do the accoucheurs still use
to
kill the child and "save" the mother!

Could be possible they are doing it even now in primitive societies; but I wouldn't know for sure. However I can assure you one thing - they do it in ernakulam; a modified version that is :
Kill the petition and save the spy

The fact of the matter is that the game will be over the moment my writ petition is admitted. The respondents will have to file a reply; things, perforce, will have to come out into the open; the racket will be busted and heads will roll - heads of those in high official positions, with real big bank balances and political clout; of the self styled "intelligentsia", the "learned" ones - i will carve them; and that is a promise.



 
The only way out is to ensure that my writ petition is not admitted and that will be done, by hook or crook. so the results of the petitions I had filed in the kerala high court were a foregone conclusion



I don't expect you to find a parallel to what happened in the past in my case in the kerala high court any where else in the annals of the indian judiciary. I do not have any illusions about the set up here and had approached the kerala high court with the writ petition and the appeal that followed just to satisfy the statutory requirement. Both the writ petition ( along with all the exhibits) and a copy of the appeal are available in full on the web just one click away from the links given below:



The results, i repeat, were a foregone conclusion, and do not deserve a dissertation; all the same I would like to highlight certain key points over here.

I have already mentioned about the members of the judiciary harping on the address of the cabinet secretary on my previous blog.

I have elaborated in detail on my impressions of the judgement in the writ petition in the writ appeal, WA No. 367 of 2010 available on the web.

It was a division bench of two judges that examined the writ appeal and I found one of them rather excited



and  taking a very active interest in my personal details. This judge started, by rote with the comments on the address of the cabinet secretary.

My Credentials

That was one of the first questions put to me by this particular judge.
I told the judge that I have a degree in medicine – medical graduates in this country are addressed doctor so and so in spite of the fact that the basic medical degree in india is MBBS ( and not MD as for example in the US ).
but why this question ?

 
                    I am not one of those who introduce himself as “my name is doctor M. aandi” and I write my name simply as cheriyath jyothi. However there are a few places where it appears with the title dr. - in the cooking gas connection and the telephone connection where I had availed the priority for registered medical practitioners and in the savings account I had with the medical college branch of state bank of travancore where in fact their own staff member who knew me slightly had written it that way.

Later on at one stage the gestapi ( indian + gestapo = gestapi; it is a plain clothes policeman who calls himself cbi " officer" and his stooges from other spy net works of the government like the so called "special" branch of the local police. Motto "you show me the man; we will find the crime" mascot - pBird ) issued a stricture that my name should not be written as dr. so and so and all these establishments dutifully changed it to Mr. So and so.

I am least bothered – I am what I am and not what others say I am. Many people write my name as ms. Jyothi but I still am very much a male. All the same, now a days, many a time, I write my name as dr. cheriyath jyothi just to tease the gestapi and his sub-agents.

in a power of attorney I had sent to some one very recently I specifically ensured that it is written as dr. cheriyath jyothi to "amuse" a large population of very concerned "gentry" in the particular locality. And this time in the writ petition in the khc again I wrote it as dr. cheriyath jyothi. And I got the expected response.

Mr. gestapi, you first get me stuck off the rolls.( i know you can do it; that way most people know where the previous president of the indian medical council ended up ultimately and you can always dictate to such people - but NOT to the "DURYODHAN"s, mind you) After that i will no more write dr. so and so. And this is the ideal time - they are renewing the registration certificates and i have already submitted my application.Another interesting co-incidence is that the word “terrorist” which occurs only twice in the whole 58 page writ petition ( and does not find any mention at all in the synopsis ) has been noticed by the judge ( do you think he had gone through the whole petition the previous night! ) and the word finds a place in the one para judgement with a diametrically opposite interpretation to what I have mentioned in the petition.

I find it all a reverberation of the propaganda warfare being carried out on the sly by the members of the spy networks and the members of the kerala high court judiciary being the mouth piece of the gestapi for all practical purposes.
Well; it could also be that all great minds think on the same line.

To another question of the same judge at the hearing of the appeal I answered that before I retired on superannuation I was working in the non-clinical side in the department of physiology of medical college trivandrum.

bang came the next question
“is that clinical psychology? “
Brilliant!

by the way, long back in early noughties a writ petition filed by me was avoided by this particular judge of the kerala high court; that was on hearing that the respondent was the psychiatrist k a kumar ( in his official capacity as the then director of medical education, kerala)


As expected the appeal was also promptly dismissed; but this time there was an effort to sugarcoat the bitter pill. I am giving below the bare judgement denuded of the personal connotations which has not much of relevance as far as I am concerned.

Writ Appeal No. 367 of 2010
dated this the 9th day of March 2010
JUDGEMENT
Writ appeal is filed against the judgement of the learned single judge declining to issue any direction in terms of the prayer made by the appellant. We have heard the appellant in person who has stated that he is a pensioner and is being harassed by people of his area. The learned single judge found that besides mere allegations of a general nature,the petitioner has not made out a case for any injury or threatened injuries to his person or liberty. On our specific query as to whether he has launched any complaint before anywhere, he has given us a copy of the petition filed by him before kazhakottam police station. On going through the same, we find that the appellant's grievance is that his previous land owners have withheld an advance deposit of Rs.20, ooo/- and they have trespassed into his house and threatened him so that he does not pursue his claim. We therefore thought of securing the money to the appellant and asked him whether we should get enquiry conducted by issuing instruction to the government pleader. However, he does not appear to be interested in pursuing his claim against the so-called landlords. Besides generally stating that the appellant is apprehensive of interference with personal life, particularly in regard to the intenernet, telephone etc. maintained by him, he has not brought to our notice any specific case of interference by any authority or any one affecting his personal liberty or privacy. Since no specific grievance is established or allegation made against any authority of the state, we are unable to issue any direction. Consequently we uphold the judgement of the learned single judge and dismiss the writ appeal.
sd.
sd.



did I say anywhere in the appeal or in the original writ petition that I was “being harassed by the people of my area” ? I don't remember doing so! Words are literally being put into my mouth; “terrorist threat” , “people of my locality” - very interesting.

I have produced, over and above others, the original voice record of a threat as exhibit in the writ petition as well as the writ appeal and in spite of that the judge says “the petitioner has not made out a case for any injury or threatened injuries to his person or liberty”.

in fact the audio and video evidence diligently collected over the years in view of the peculiar circumstances of the case and the dynamic nature of the offences and produced as exhibits in the writ petition on an accompaniying CD has been completely ignored and conveniently, NOT taken cognizance of at all!

The “thought of securing the money to the appellant“ I am afraid was a ploy to side track the main issue. I quote from the judgement:
On our specific query as to whether he has launched any complaint before anywhere, he has given us a copy of the petition filed by him before kazhakoottam police station. On going through the same, we find that the appellant's grievance is that his previous land owners have withheld an advance deposit of Rs.20,000/- and they have trespassed into his house and threatened him so that he does not pursue his claim. We therefore thought of securing the money to the appellant and asked him whether we should get enquiry conducted by issuing instruction to the government pleader. However, he does not appear to be interested in pursuing his claim against the so-called landlords.

A simple perusal of the above complaint to the kazhakkoottam police available at this LINK will make things very obvious. My request to the kazhakoottam police was not to get me the money but
“to initiate proceedings against Mr. Dineshan and Mrs. Remadevi of house no.6, Narayana Bhavan, Peroorkada for criminal trespass and other acts of crime committed on 29 July 2009 and ensure that the above couple and their accomplices do not disturb the peace in my personal residence in future.”

Incidentally I have made a petition under section 190 of the Code of Criminal Procedure 1973 to the chief judicial magistrate of thiruvananthapuram in september 2009 ( please dont ask me what happened to that petition ) and there in ( para C. 4. ) I have made amply clear what was the end result of my complaint to the police.
The culprit was given VIP treatment and let off by the sub-inspector on the basis of telephonic directions from a senior policeman. I could hear the conversation on the cell phone of the subinspector and in deed he was asking his superior what is to be done of jyothi. The end result was the sub-inspector of police of Kazhakoottam police station making an effort to bully me, the complainant, on August 01, 2009.”

For the information of all concerned, I had got the money back within no time for I had soon accumulated enough evidence to get the fellow and his wife in big trouble. In fact the fellow was shit scared and soon was on his knees and had approached my new house owner requesting him to intervene and get the issue compromised.

Unlike certain people, to me money is not every thing – unfortunate thing is that these "certain people" start applying their standards to everyone!




 


 As far as I am concerned, there are other far more important issues of life involved here.

This is not the first time such things are happenings in my life, a jarring example being exhibit P8.

this character is not a regular offender and he is daring to do what he did as he has been assured safe passage by the gestapi. he is just another of the sub-agents of the indian gestapo let loose on me to terrorise me and make me submit to their dictates.

Once this character is neutralized they will recruit another sub-agent at government expense using the unaudited funds available to the spies and will put them on the same job.

so the only permanent solution is to strike at the root cause, the gestapi ( indian + gestapo = gestapi; it is a plain clothes policeman who calls himself cbi " officer" and his stooges from other spy net works of the government like the so called "special" branch of the local police. Motto "you show me the man; we will find the crime" mascot - pBird )


And that is why the petition to the higher judiciary; NOT to get my money back.

One last question in view of the “vague averment” factor:

I have made a specific allegation in the petition – denial of equality before law by the kerala high court judiciary;
Can any allegation be more specific than that ?
is that also a vague averment, may I ask?

If not, why was it not taken cognizance of ?
Embarrassed ?

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AM I ?