Katju politically biased, must resign: Arun Jaitley

Discussion in 'Politics & Society' started by Daredevil, Feb 17, 2013.

  1. Daredevil

    Daredevil On Vacation! Administrator

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    BJP leader Arun Jaitley Sunday asked Press Council chairman Markandey Katju to quit, saying a person holding the post much be impartial.

    The Bharatiya Janata Party leader made the demand after accusing Katju of attacking non-Congress governments in Bihar, Gujarat and West Bengal on the basis of “his political preferences”.

    In an article on the BJP web site, Jaitley said Katju’s attacks “seem more in the nature of thanks-giving to those who provided him with a post retirement job”.

    The leader of the opposition in the Rajya Sabha said Katju had over the past week released a draft report on behalf of the Press Council of India (PCI) alleging that the media in Bihar was not independent.

    He followed it up with an article in an English daily attacking the Gujarat government and Chief Minister Narendra Modi.

    “Though initially known for his scholarship, Justice Katju was never a conventional judge. His utterances, both during his tenure as a judge and thereafter, are clearly outlandish,” Jaitley said,

    “Dignified comment is alien to him.” Jaitley said judges of the Supreme Court and high courts must not be eligible for jobs in the government after retirement.

    “In some cases the pre-retirement judicial conduct of a judge is influenced by the desire to get a post retirement assignment,” he said.

    “The chairman of the Press Council discharges a statutory job. His job requires fairness, impartiality and political neutrality.

    “Additionally, a judge, whether sitting or retired, is expected to conduct himself with sobriety, dignity and grace. He cannot be loud, crude, outlandish or behave like a megalomaniac,” Jaitley said.

    He said a judge should refrain from involvement in political controversies. If he desires to get into political activity or a political debate, he should cease to hold his judicial or quasi-judicial office.

    IANS
     
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  3. Daredevil

    Daredevil On Vacation! Administrator

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    Katju hits back, says Jaitley twisting facts and should quit politics

    New Delhi: A war of words broke out today between Markandeya Katju and the BJP over his article critical of Gujarat Chief Minister Narendra Modi with party leader Arun Jaitley dubbing the PCI Chairman as “more Congress than the Congress” and demanding his resignation.

    Katju, a retired Supreme Court judge, hit back at Jaitley accusing him of twisting facts and asked him to quit politics.

    Jaitley, in a statement here, said Katju’s article in a newspaper against Modi read more like a personal tirade and wondered whether the former Supreme Court judge was trying to hold a brief for those who have been convicted in the Godhra train burning incident.

    Katju had said that “there is still a mystery of what happened in Godhra” and he found it hard to believe “that Modi had no hand in 2002″, referring to the Gujarat riots.

    Referring to the Press Council of India Chairman’s criticism of Modi and Bihar Chief Minister Nitish Kumar, Jaitley said, “His attacks on non-Congress governments whether in West Bengal, Bihar or Gujarat seem more in the nature of thanks-giving to those who provided him with a post retirement job.”

    He took exception to Katju’s remarks that the people of the country should not make the same mistake made by the Germans in 1933.

    “I concede to Justice Katju the right to hold his political views, but can the occupant of a job whose functioning is quasi-judicial openly participate in political activity. His appeal is political. He appears to be more Congress than the Congress party,” Jaitley said, adding he should “either quit before actively participating in politics or be sacked.”

    Katju, in turn, accused Jaitley of twisting facts and said that he had written “very strong” letters to Congress-ruled Maharashtra’s Chief Minister Prithviraj Chavan over the arrest of two girls for a Facebook post after the death of Shiv Sena supremo Bal Thackeray.

    Katju said he had also issued a strong statement against Himachal Pradesh Chief Minister Virbhadra Singh when he had told a mediaperson that he would break his camera.

    “Mr Jaitley is clearly guilty of twisting facts. He has criticised me for a report against the Bihar government for suppressing press freedom,” he said. “That was not my report, but that of a three-member team of the members of the Press Council of India. Here again, Mr. Jaitley has twisted facts,” he added.

    Referring to Katju’s remarks against the governments of Bihar and Gujarat, Jaitley said he was yet to read a comment from Katju which prefers meritocracy over dynasty as an instrument of leadership creation.

    “Obviously, such comments would embarrass those who desire to legitimise India as a Dynastic Democracy. The crusader in Justice Katju subjects himself to self-censorship when UPA’s corruption from the 2G spectrum allocation to the coal block allocation are to be commented upon,” he said.

    “Retired judges must remember that the rental for occupying a Lutyen’s bungalow post retirement has to be political neutrality not political participation,” he said.

    The PCI Chairman has always been a retired judge of the Supreme Court, Jaitley said adding that he deals with issues relating to the freedom of press, possible encroachment of the said freedom and also hears complaints relating to lack of professionalism in media reporting and comment.

    “The Chairman of the Press Council discharges a statutory job. His job requires fairness, impartiality and political neutrality. Additionally a Judge, whether sitting or retired, is expected to conduct himself with sobriety, dignity and grace. He cannot be loud, crude, outlandish or behave like a megalomaniac,” the BJP leader said.

    PTI
     
  4. Daredevil

    Daredevil On Vacation! Administrator

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    Why Justice Markandey Katju must quit as the Chairman of the Press Cuncil of India


    ARUN JAITLEY

    The last week witnessed a selective targeting of two popular non-Congress State Governments and its leaders by Justice Markandey Katju, a retired judge of the Supreme Court , presently the Chairperson of the Press Council of India. He released a draft report on behalf of the Press Council of India alleging that media in Bihar was not independent. He followed it up with an article in ‘The Hindu’ attacking the Gujarat Government and its’ Chief Minister Narender Modi.

    Though initially known for his scholarship Justice Katju was never a conventional judge. His utterances, both during his tenure as a Judge and thereafter are clearly outlandish. Dignified comment is alien to him. His attacks on non-Congress governments whether in West Bengal, Bihar or Gujarat seem more in the nature of thanks-giving to those who provided him with a post retirement job.

    I have held a strong view that Judges of the Supreme Court and the High Courts must not be eligible for jobs in the Government after retirement. In some cases the pre-retirement judicial conduct of a judge is influenced by the desire to get a post retirement assignment. However, we are still operating under a system where various tribunals and other quasi-judicial assignments are filled up with retired judges. The Chairman of the Press Council of India has always been a retired judge of the Supreme Court. He deals with issues relating to the freedom of Press, possible encroachment of the said freedom and also hears complaints relating to lack of professionalism in media reporting and comment. The Chairman of the Press Council discharges a statutory job. His job requires fairness, impartiality and political neutrality. Additionally a Judge, whether sitting or retired, is expected to conduct himself with sobriety, dignity and grace. He cannot be loud, crude, outlandish or behave like a megalomaniac. When Judges discharge judicial functions nobody can attribute a motive to them. Even criticism of judgements has to be couched in a language of restraint. Criticism can be academic not personal. It is a fundamental principle in the conduct of Judicial or Quasi Judicial functions a Judge should refrain from involving themselves in political controversies. If he desires to get into a political activity or a political debate, he should cease to hold his Judicial or Quasi-Judicial office. In any case his views are liable for the same level of scrutiny and comment as is applicable to politicians.

    Justice Markandey Katju has failed every test on which a Judge whether sitting or retired could be judged. The choice of his subjects and targets is motivated by his political preferences. He is extraordinarily soft on those who provided him a post retirement job. I am yet to read a comment from him which prefers meritocracy over dynasty as an instrument of leadership creation. Obviously, such a comments would embarrass those who desire to legitimise India as a Dynastic Democracy The crusader in Justice Katju subjects himself to self-censorship when UPA’s corruption from the 2G spectrum allocation to the coal block allocation are to be commented upon. When confronted with favourable comments by large sections of domestic and international community praising the change of polity in Bihar and the emergence of development as the centre stage agenda of politics, Justice Katju chooses to target Nitish Kumar and the Bihar Government for lack of Press freedom.

    His recent criticism in a signed article in ‘The Hindu’ against the Gujarat Chief Minister Narender Modi reads more like a personal tirade. His political bias is clear from the fact that on the burning of the Sabarmati Express in Godhra he writes – “ There is still a mystery of what happened in Godhra”. Is Justice Markandey Katju trying to hold a brief for those who have been convicted for setting the train on fire resulting in the death of innumerable people and injuries to many others. Can a former judge of the Supreme Court presently holding a statutory assignment ignore the fact that the trial court has convicted a large number of accused in the case and their appeals are pending ?

    He then comments on the fact that Narender Modi has not been prima facie held liable by any judicial authority. He prefers bazaar gossip over judicial verdicts and observes –“I do not want to comment on our judiciary but I certainly do not buy the story that Shri Modi had no hand in 2002.”

    He then continues his tirade against Modi and Gujarat by underplaying the economic development in Gujarat. He observes—“ Giving concessions to big industrial houses and offering them cheap land and cheap electricity can hardly be called development if it does not raise the life of the masses.” He then selectively quotes statistics to substantiate his point. Professor Jagdish Bhagwati and Dr. Arvind Panagariya in their recent publications have observed that Gujarat inherited low levels of social indicators at the time of Independence and it is the change in these indicators where Gujarat has shown impressive improvement. The literacy rate has risen from 22 percent in 1951 to 69 percent in 2001 and 79 percent in 2011. The infant mortality rate per 1000 has fallen from 144 in 1971 to 60 in 2001 and 41 in 2011. He looks at Gujarat with a jaundiced eye.

    Justice Katju finally concludes his article with a political appeal. He observes “I appeal to the people of India to consider all this if they are really concerned about the nation’s future, otherwise they may make the same mistake which the Germans made in 1933” I concede to Justice Katju the right to hold his political views, but can the occupant of a job whose functioning is quasi-judicial openly participate in political activity. His appeal is political. He appears to be more Congress than the Congress party. If a sitting Judge of the Supreme Court participated in politics so openly and issued a political appeal he would be liable for impeachment. If a Civil Servant did the same he would be liable to be dismissed from service. Should not a former judge who currently occupies a quasi judicial office as Chairman of the Press Council of India, either quit before actively participating in politics or be sacked. Retired judges must remember that the rental for occupying a Lutyen’s bunglow post retirement has to be political neutrality not political participation.

    Article : Why Justice Markandey Katju must quit as the Chairman of the Press Cuncil of India by Shri Arun Jaitley
     
  5. parijataka

    parijataka Senior Member Senior Member

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    Justice Katju as Chief of Press Council is being partisan in criticising one particular political party and in fact one particulra leader. I will not be surprised if he is made Governor of some state if UPA-III is formed in 2014 as looks likely.
     
  6. Daredevil

    Daredevil On Vacation! Administrator

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    Katju is an idiot of first class. That much I'm sure going by his outlandish comments.
     
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  7. parijataka

    parijataka Senior Member Senior Member

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    He belongs to the 90% of Indians he branded idiots.
     
  8. Sakal Gharelu Ustad

    Sakal Gharelu Ustad Detests Jholawalas Moderator

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    Jaitley always makes sense!
     
  9. iNDiAN.96

    iNDiAN.96 Nationalist Senior Member

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    This dude must be smoking some nice weed. Always spitting Diggy statements.
     
  10. JBH22

    JBH22 Senior Member Senior Member

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    Katju stop dreaming about governor post.

    This country does not lack sycophants many are willing to stoop to new lows just to be in the good books of Antonio Manio.

    Yes most of the evil are caused by the chamchagiri mindset encouraged and galvanised by Indians themselves.
     
  11. The Messiah

    The Messiah Bow Before Me! Elite Member

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    Katju should be made dictator of India for life.
     
  12. parijataka

    parijataka Senior Member Senior Member

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    Fali Nariman praises Katju for Modi article

    Press Council of India (PCI) chairperson Markandey Katju, under attack from BJP leader Arun Jaitley, has been praised by noted jurist Fali S Nariman for his newspaper article which was critical of Narendra Modi.

    In an email to Katju sent on Friday, before the war of words between the BJP leader and the PCI chief erupted, Nariman said the article was "outstanding".

    "I already telephoned and told you how pleased we were with the article in this morning’s HINDU, but I must place it on record. It is an outstanding (article) – it needed to be said by a person who doesn’t merely pretend to support human rights but lives it every moment of his life," Nariman said.

    Jaitley and Katju were on Sunday locked in a bitter war of words over the latter's article with the two asking each other to resign.

    Jaitley dubbed Katju as "more Congress than the Congress" and said his attacks on non-Congress governments whether in West Bengal, Bihar or Gujarat seem more in the nature of "thanks-giving" to those who provided him with a post- retirement job." He demanded that Katju resign from his post.

    The PCI chief, a former Supreme Court judge, hit back at Jaitley accusing him of twisting facts and asked him to quit politics.

    Modi also waded into the row accusing Katju of looking at Gujarat with a "jaundiced eye" and said Jaitley's counter to the former Supreme Court judge was "insightful" in demolishing "lies" spread about Gujarat. Modi's response came on Twitter.

    Rubbishing charges of being partisan, Katju said he had written "very strong" letters to Congress-ruled Maharashtra Chief Minister Prithviraj Chavan over the arrest of two girls for a Facebook post after the death of Shiv Sena supremo Bal Thackeray.
     
  13. Ray

    Ray The Chairman Defence Professionals Moderator

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    Mo comments on this issue, but Katju is indeed overrating and overreaching himself, as if he is some Moral Ombudsman and the Head of the Moral Policing in IndiaN

    He should restrict himself to the task assigned and do with panache and not in a crude manner as he is doing.
     
  14. Ray

    Ray The Chairman Defence Professionals Moderator

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    If one is a Chairman of the Press Council, he should not indicate bias for the task requires dispassionate approach and judgement, just as it would be for a Judge during the tenure when on the Bench.

    Or a referee in a football or a hockey match.

    Likewise, when tasked to judge the media material for its propriety, he has to ensure he is not enmeshed in taking sides.

    His choice of views indicates bias.

    Thus he is compromised and his credibility as an neutral arbiter has been thrown to the winds.

    This makes his pronouncements null and void hereinafter and not worth the candle!

    But then he is also human. To ensure the perks, privilege including accommodation in the posher parts of Delhi, one requires the munificence of the powers that are. Therefore, he is but an animal of the times!

    One has to be a hermit to be totally pure in thought and deed!

    And I don't allude to the Hermit Crab either!

    Watch this Youtube of Hermit Crab changing shells



    Hermit Crabs change shells for bigger shells when the find one!

    The vulnerable abdomen is protected from predators by a salvaged empty seashell carried by the hermit crab, into which its whole body can retract.

    Several hermit crab species, both terrestrial and marine, use "vacancy chains" to find new shells: when a new, bigger shell becomes available, hermit crabs gather around it and form a kind of queue from largest to smallest. When the largest crab moves into the new shell, the second biggest crab moves into the newly vacated shell, thereby making its previous shell available to the third crab, and so on
     
    Last edited by a moderator: May 10, 2015
  15. sob

    sob Moderator Moderator

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    This is a growing trend in the last few years where SC judges are given jobs post retirement by the Government and there could be a basis of influencing their decision making. Indian Express had come out with a series of articles on this issue.

    21 SC judges retd since Â’08, 18 in govt panels - Indian Express


    In light of the recent adverse court actions against the GOI, this needs to be handled very delicately. Not all judges would be influenced by the prospects of a post retirement job, but somewhere down the line there could be an adverse situation.
     
  16. parijataka

    parijataka Senior Member Senior Member

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    Justice Katju should step down as PCI chair, relinquish his 2 acre Lutyens bungalow and criticise non-Congress CMs and states to his heart's content. Please be impartial as long as your expenses are paird by 90% fools of this country !
     
    sob likes this.
  17. Daredevil

    Daredevil On Vacation! Administrator

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    Post retirement postings of Judges, in Gujarat context


    By our desk, Ahmedabad, 17 February 2013

    This piece is in support of Shri Arun Jaitley’s article questioning post retirement postings of Judges. Click here

    In March 2010 Delhi’s Pinoneer published an article by Abraham Thomas with the title, “It’s official:Bait Modi, get rewarded”. After reading Shri Arun Jaitley’s piece on Justice Katju, we can make a new heading, “It’s official: Bait Modi, get rewarded, or get rewarded, bait Modi”.

    Click here

    Abraham Thomas in that article allotted last three paragraphs to Justice Khare, and you can read it here:

    One other awarded personality who has found fault with Modi, accusing him of conniving with the perpetrators of the post-Godhra riots, is former Chief Justice of India VN Khare.

    As Chief Justice, Khare had castigated Modi Government for failing its “raj dharma” of protecting the life and liberty of its citizens. On his retirement in 2004, Khare gave an interview to a leading national daily where he commented particularly on the State’s ‘collusion’ that he claimed forced him to react to the petitions filed by Teesta and her NGO. He was quoted as saying, “I found there was complete collusion between the accused and the prosecution in Gujarat, throwing rule of law to the winds. The Supreme Court had to step in to break the collusion to ensure protection to the victims and the witnesses.”

    It was under him that the riot cases began to be monitored on a periodic basis and the Best Bakery case, where 21 accused were acquitted, got reopened. Khare was the recipient of the Padma Vibhushan, the second highest civilian award for his contribution in the field of public affairs in 2006.

    ______

    Justice Khare was awarded Padma Bhushan which is just an award, but what Mr. Jaitley points out is post retirement postings, and it is more serious.

    Look at the example of Justice Arijit Pasayat.

    Supreme Court Justice Arijit Pasayat who once termed people in Gujarat’s 2002 regime as modern-day ‘Neros’, who ordered to transfer Best bakery case outside Gujarat for retrial in Maharashtra, who ordered SIT probe into Narendra Modi, his ministers role in 2002 Godhra riots just couple of days before polling in the state for Lok Sabha elections, enjoyed his last working day on Friday in the Supreme Court of India retired 9 May 2009 and was appointed as the first Chairman of Competition Appellate Tribunal (CAT) by the central government in less than two weeks after his retirement. He took a charge of this post on 20th May 2009 for five years term.

    After CAT, Justice Pasayat was appointed as Chairman of Authority for Advance Rulings, Central Excise, Customs & Service Tax in 2012.

    Click here

    If you are more interested about Justice Pasayat, please read this article from Pioneer by KN Bhat

    Click here

    Another example is Justice Tarun Chaterjee. Justice Tarun Chatterjee and Aftab Alam had ordered CBI inquiry in Sohrabuddin encounter case. Chatterjee was given post-retirement posting. Click here

    Look what Ram Jethamalani as a councel of Amit Shah in Sohrabuddin encounter case told Supreme court about Justice Tarun Chatterjee in November 2011: Jethmalani even did not spare the judge who handed over the case to CBI. He said, “How does a judge who is under investigation of CBI order the same agency to investigate?” He was referring to Justice Tarun Chatterjee, since retired, whose role in the UP provident fund scam was under investigation. “The continuation of judge and his likelihood of arrest was all at stake, for which reason he should have recused (withdrawn) from the case,” the senior counsel said, adding, “It is instances such as these that have prompted many to demand judges to be brought under the Lokpal.”

    Click here

    On next day, the Supreme Court had to ask then the UPA Government to explain whether there was any nexus between the judge and the Centre behind ordering a CBI probe into the Sohrabuddin Sheikh fake encounter killing on January 12, 2010.

    Former Gujarat minister of state for Home Shri Amit Shah’s lawyer Jethmalani said the Supreme Court’s January 12 order directing CBI probe into the case of Sohrabuddin fake encounter was illegal because of two events – lead judge on the bench Justice Tarun Chatterjee was under CBI scanner in the Ghaziabad district judiciary provident fund scam case and second, he was given a cushy assignment by the Centre on his retirement immediately after ordering transfer of the fake encounter probe from Gujarat Police to CBI.

    Arguing against CBI’s plea for cancellation of Shah’s bail before a bench of Justices Aftab Alam and Ranjana P Desai, Jethmalani said, “Prejudice can be of two types — actual and apparent. Apparent prejudice includes any fiscal interests. The central government has provided a cushy post-retirement job (to Justice Chatterjee). That is a direct instance of fiscal interest.”

    He said anyone who was being probed by CBI must have been in communication with the agency’s investigators. “Any reasonable person has cause to believe there will be a motivation to please the CBI,” he claimed.

    Shah’s lawyer said he came across a terminology for the first time in the PF scam case – no prosecutable evidence against Justice Chatterjee, which was informed by the attorney general to the apex court. But CBI did send a report to the appropriate authority on this.

    Further, he reasoned that when the CBI officers were constantly questioning the judge, there was a reasonable cause to believe “there will be a motivation to please the CBI”. This got proved later when the charge-sheet in the PF scam neither held the judge “guilty” or “not guilty”. Instead, “There was an inscrutable observation against him that there is no prosecutable evidence. I have not come across this word in the Criminal Procedure Code.”

    Jethmalani said for this reason, his client believed that the January 12 order was a result of political conspiracy. “All proceedings before the bench on January 12 should be declared non-est(non-existent in law). It is a duty this court owes to the system. A great damage will be done if things are brushed under the carpet,” he said.

    When the bench sought the Centre’s response, additional solicitor general Indira Jaising attempted to wriggle out by saying she was representing the Centre in Rubabuddin Sheikh’s writ petition and not in either the cancellation of bail or transfer of the trial outside Gujarat.

    But the bench insisted for the Centre’s response. “It has been said that the whole investigation is part of a political conspiracy. He (Jethmalani) has alleged that the judge, on behalf of the party at the Centre, directed the order. It is for you to see whether it concerns you or not,” the bench said.

    On the plea for transfer of the case outside the state because of surcharged atmosphere, Jethmalani said CBI’s evidence relating to 200 extortion complaints against Shah had no basis and even the bench had termed them as trash.

    “Then they say there is a surcharged atmosphere in Gujarat. It is a statement that no decent citizen in this country should accept. It is the most well governed state. Yes, riots took place in 2002. But it is a forgotten affair now. You cannot stigmatize the entire judiciary of the state to seek transfer of this one case,” he said.

    “They (the CBI) have become so brave and indifferent to the course of justice that they have alleged that the accused have kith and kin in judiciary. I hope the state of Gujarat may have investigated this. Even if it was true, let the CBI go to chief justice of the high court and ask him to give a judge who is not the kith and kin of any accused,” he said.

    On the plea of CBI to transfer the trial against Shah outside Gujarat, Jethmalani was critical of the agency alleging that kith and kin of accused serve in the judiciary. The court directed the Centre and the amicus curiae in the case, former Solicitor General Gopal Subramanium to come prepared for arguments.

    Click here

    In September 2009 Shri Amit Shah had moved a petition praying that Justice Aftab Alam should also rescue himself from hearing the case and said the January 12 order of awarding CBI investigation in Sohrabuddin encounter case passed by a Bench comprising Justice Tarun Chatterjee, who had since retired, and Justice Aftab Alam suffered from grave impropriety.

    Shah said the January 12 order ought to be recalled on the ground of bias “as there is a reasonable possibility or likelihood that Justice Chatterjee, who passed the order, was biased and suffered from automatic disqualification to hear the case as he himself was under investigation by CBI for criminal breach of trust at the time he was handing over the case to CBI”.

    “If Justice Aftab Alam was in the know of the fact that Justice Tarun Chatterjee suffered from automatic disqualification, Justice Alam ought to have rescued himself from hearing the case,” he further pleaded.

    Shah said CBI was brought into the case “by a conspiracy involving different institutions” and had carried out an unfair and illegal probe as an instrument of the central government to enable the Centre to wreak political vengeance on him and the Narendra Modi government.

    Click here

    About the corruption case involving Jusice Tarun Chatterjee read here: Click here

    The Central Bureau of Investigation (CBI) had recommended action against a former Supreme Court judge Tarun Chatterjee and 23 other judges for their role in the infamous multi-crore Ghaziabad provident fund (PF) scam. A foolproof case could not be built against several judges including Chatterjee because of the mysterious death of the main accused and bill clerk Ashutosh Asthana. Asthana, who died under mysterious circumstances in Dasna jail in Ghaziabad, had named several judges including Tarun Chatterjee as beneficiaries of the money illegally diverted from the state treasury in his confessional statement before a magistrate. Asthana’s family had alleged that Asthana was killed by poison in custody.Family said he was “murdered” on the instructions of powerful people involved in the scam.

    India Today in its report quoting the CBI sources said, it had questioned Justice Chatterjee at his residence towards the end of 2008 while he was a Supreme Court judge, after seeking permission from the then CJI K. G. Balakrishnan. The article further said: The CBI, sources said, had questioned Justice Chatterjee at his residence towards the end of 2008 while he was a Supreme Court judge, after seeking permission from the then CJI K. G. Balakrishnan. Sources said a CBI team went to Chatterjee’s official residence and questioned him on Asthana’s statement before a judicial magistrate. Asthana had alleged that household goods were purchased and transported from Ghaziabad to his house in Kolkata. The CBI had also questioned Justice Chatterjee’s son Anirudh Chatterjee in Kolkata on allegations that he had accepted a laptop and a mobile phone. Though Justice Chatterjee denied the allegations during questioning, the agency, sources said, was able to match the handwriting on the bills to a relative of the former apex court judge. The ex-SC judge had, however, claimed that he had foot the bill himself and had exhibited photocopies of a cheque he had given to the shopkeeper as proof, sources said.

    Click here

    In August 2010, Amit Shah’s lawyer Ram Jethmalani sought recall of the court’s order for the CBI probe in the Sohrabuddin encounter case by disclosing that that the judge who passed the order was himself under CBI scrutiny. Read Pioneer dailys’ Abraham Thomas’s reporting here on the courtroom drama on that day:

    “Its terribly embarrassing but true that evidence has come to our possession that a conspiracy was hatched at the highest levels of politics of the country to destabilise the Gujarat Government,” Jethmalani said, referring to the January 12, 2010.

    “Its terribly embarrassing but true that evidence has come to our possession that a conspiracy was hatched at the highest levels of politics of the country to destabilise the Gujarat Government,” Jethmalani said, referring to the January 12, 2010

    order passed by a Bench of Justices Tarun Chatterjee (since retired) and Aftab Alam for CBI probe.

    Appearing for former Gujarat Minister Amit Shah, Jethmalani said there was a clear link between the order and a pending investigation against the judge, named an accused in the PF scam. “Mr Justice Chatterjee was himself being investigated by the CBI. It was thoroughly improper for him to have heard the case.”

    After a spell of dead silence that followed Jethmalani’s sensational charge, Solicitor General Gopal Subramanium, amicus curiae in the case, said,

    “Don’t make such allegations against judges. It is unfortunate since this was never pointed out that day by the senior counsel representing the State (Gujarat).”

    When Jethmalani replied that the information came in his way only later, the veteran lawyer found himself under attack from the court. “Your statement has hurt me and it would hurt your reputation most being a senior lawyer,” said Justice Alam. Jethmalani remarked, “I have no reputation to lose…and if by arguing this way my reputation is gone, so be it.”

    Click here

    This piece was an attempt to put all Gujarat related recent relevant references on one page in light of Mr. Jaitley’s article questioning Justice Katju’s post retirement posting

    More on post retirement postings of Judges, in Gujarat context | DeshGujarat
     
    sob, iNDiAN.96 and parijataka like this.
  18. Daredevil

    Daredevil On Vacation! Administrator

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    Even our judicial system has gone to dogs. All judges who gave rulings against Modi or his associates in any manner are awarded with post-retirement postings, national awards and more.
     
  19. parijataka

    parijataka Senior Member Senior Member

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    Earlier article by Justice Katju, dtd Dec 2012. Sometimes being too intelligent means one lacks common sense - partition of India was the best thing to hv happened to India in 1947 when all the religious crackpots left for Bakistan and the sane ones remained.

    'Reunification of India, Pak only solution to Kashmir'

    Press Council of India (PCI) chairperson justice Markandey Katju today said that the only solution to the Kashmir problem is reunification of India and Pakistan under a strong and "modern-minded" government which will not tolerate bigotry. "The cause of the Kashmir problem is the partition of India on a totally bogus basis - the two nation theory, that Hindus and Muslims are separate nations....I don't recognise Pakistan as a legitimate country because the whole basis is the two nation theory and I don't accept the two nation theory," he said.

    "Therefore the one and only solution to the Kashmir problem or the militancy problem in Pakistan is the reunification of India and Pakistan under a strong, central, secular, modern-minded government which just doesn't tolerate bigotry," he said and added that such a government would deal with fanaticism with an iron hand.

    Addressing a seminar organised by the South Asia Media Commission here, he said that the two nation theory was encouraged by the British post 1857 to create rift between Hindus and Muslims.

    "Many of my Pakistan friends, they agree now that what nonsense this two nation theory is... the entire ploy was by the English and you people are a bunch of idiots," Katju said.

    Katju said that "90 per cent of Indians are idiots" who can be easily taken for a ride and added that it was very easy for mischievous people to incite riots even today.

    "Before 1857, there was zero percent communalism. Today 80 percent Hindus and 80 percent Muslims are communal. This is the harsh bitter truth, I am telling you," Katju said.

    "Why am I saying such harsh things, I don't want to demoralise Indian people, I love Indian people, I love you all. I want you to prosper, I don't want you to remain fools. I want you to understand the whole game," he said.

    Katju said that even the educated people in India voted in elections on caste or sectarian lines which showed how backward people are.

    "I am saying all this because you need a big blow on your head to bring you to your senses, how backward you are. Unless you come to your senses and realise that you were taken for a ride by the British and later on by many communal forces which kept going on about Hindu-Muslim, the Kashmir problem cannot be solved," he said.

    With regard to the Northeast, he said these areas had been ignored for long and employment and job opportunities had to be created there.

    Speaking about the role of the Press Council, Katju said that it only had powers to admonish and censure about which not many people bothered. He said that Press Council be given more powers.
     
  20. arya

    arya Senior Member Senior Member

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    he is not grand father , if he want to say anything then he should first resigned the speak whatever he want ,
     
  21. sob

    sob Moderator Moderator

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    In the light of these caes being collated by the media, presents a very dangerous trend of the executive class trying to subvert the judiciary.

    This needs to be stopped immediately and one way could be that there should be a 2 year cooling period for the appointment of judges from their retirement period.
     

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