Remove Justice Aftab Alam from Gujarat cases:Justice Soni to CJI

Discussion in 'Religion & Culture' started by Raj30, Aug 1, 2012.

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  1. Raj30

    Raj30 Senior Member Senior Member

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    Former Judge of Gujarat High Court and former Lokayukta of Gujarat state Justice S.M.Soni has written a letter to the Chief Justice of India to keep ‘communal mindset’ justice Aftab Alam away from Gujarat cases.

    Justice Soni has submitted facts and quotes showing communal mind set of Justice Aftab Alam, and has requested to transfer all matter related to Gujarat before any other bench.

    Justice Soni has in his 10-page letter to CJI S H Kapadia requested that the letter should be treated as a Public Interest Litigation(PIL). He has also requested to stay the further hearing of all criminal cases in which Gujarat government is a party and are being heard by Justice Aftab Alam.
     
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  3. sayareakd

    sayareakd Moderator Moderator

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  4. ani82v

    ani82v Senior Member Senior Member

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    PIL? Can you do that to remove a Judge? I think only CJI is in any power when it comes to a presiding Judge.

    I think the issue of Judge with this bias is a result of muddled idea of Secularism.
    In nutshell, it was supposed to provide equal opportunity to anybody from any religion, region, class etc as long as he is capable.
    In India we have a different definition of Secularism. In India, we consider all religions as different faces of same truth. Ideally, they should say it is different faces of same untrue.
     
  5. Read the affidavit in its entirety . . .

    on the whole it smacks of the very same communalism he blames Justice Aftab Alam for

    He presupposes his conclusions based on a lecture given by Justice Aftab Alam in London,

    here he contends that since Justice Aftab Alam in his assessment of Indian Polity/Indian Law has expressed
    disappointment with the same, such an expression (in a seminar abroad not in a court of Justice) amounts to

    "Violation of oath under the constitution of India as taken by Mr. Justice Aftab Alam"


    which oath you may ask ?

    He himself clarifies

    "that i will duly and faithfully and the best of my ability , knowledge and Judgement perform the Duties of my office without fear or favour, affection or ill will and that i will uphold the constitution and its Laws"


    How has he reached the conclusion that Justice Alam has violated the above oath ??

    a lot of people will find it hard to connect the dots he offers
    since the Judge expressed his opinion simply advocating better protection of minorities then available under present system
    that too in a seminar held in London, and not in his capacity as a Judge of SC.

    in Justice Soni's opinion since " . . .the mindset of Lordship Justice Aftab Alam is one as disclosed in this article it is difficult to suppress views and Ideas emerging in Heart . . . "

    what a load of ambiguous crap !!

    :bs:
     
    Last edited: Aug 1, 2012
    The Messiah likes this.
  6. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    saya read the last page , he has prayed to treat the letter as a PIL in the relief clause, but you are right he should have enclosed his affidavit, while he has not.

    However the SC can take it as a PIL and ask to submit his affidavit in this regard later.
     
  7. Predator

    Predator Regular Member

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    can someone post the full text?
     
  8. ani82v

    ani82v Senior Member Senior Member

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    I don't know whether technically he is culpable for giving out lecture in the foreign country against Indian Legal System, but it does erode confidence.
    IA and Judiciary are the only 2 remaining institutions where masses have some faith left and the motives of Judges are never questioned whether they were Hindus or Muslims or of some other faith.
    Such words coming out of an acting Judge might raise suspicion in future about the quality of judgement.
     
  9. Then u should hear the words coming out of lobby of Allahabad Judges, one that this Justice S M Soni is Vice president of.
    and you would wonder if they were upholding the Constitution of India or the Manusmriti .
     
  10. ani82v

    ani82v Senior Member Senior Member

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    So it is okay for an acting Judge to find faults in Indian system in other country because Manusmriti has been upheld. :p
    It does not absolve him just because you claim that the litigant has communal bias. If Soni has strayed, he should be brought to books too. I am for Secularism, not pandering to both sides.
     
    Last edited: Aug 1, 2012
  11. All judges are free to critically assess the Indian Constitution . . . and in my experience with some of them,
    It is a common practice among Judges

    That Justice Soni cites such an example to label an acting Judge "Communal"
    is my problem with it . . .

    Nothing is wrong with such assesments as long as they do not do it in Official capacity
    after all they come face to face with its finer details in practice every day .


    and ofcourse his allegiance to Manusmriti is relevant here,
    it exposes the accuser's own communal Mindset, and therefore undermines the Objectivity of his claims (by the same logic as applied against the accused)

    The Manusmriti is a religious text relating to one certain community
    and is in direct contrast with the Indian constitution on many counts
    both in word as well as the spirit.
     
  12. Bhadra

    Bhadra Defence Professionals Defence Professionals Senior Member

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    Sorry Sir,
    The judges are supposed to remove themselves the moment there is an objection from the accused or defenders side ....

    This is part of arraignment of the court ... and moral code of conduct for the judges..... many have done in past and many keep doing that...
     
  13. ani82v

    ani82v Senior Member Senior Member

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    Where is Manusmriti is mentioned in the PIL? And can you please put forward some source where Soni has batted for Manusmriti?
    I would be more than happy to bash him up here for public entertainment!

    On another note, if him referring Manusmriti makes him communal, doesn't the existence of separate personal laws based on Shariyat makes entire system communal since independence.
    Why two lines of argument for two different people?
     
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  14. SM Soni might be communal , i dont suppose he's stupid .

    this is what i hear on informal levels . . . so you'll have to make inquiries on your own

    well simply coz . . . . by your own logic . . . Laws of Manusmiriti are NOT enshrined in the Constitution , where as some of Muslim Personal laws are . . .
    .
    Aren't you advocating complete loyalty to Indian System whatever it may be . ?

    whether Indian law is communal or secular is not the debate here .
     
    Last edited: Aug 1, 2012
  15. Raj30

    Raj30 Senior Member Senior Member

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    dharma next: Critique on Justice Aftab Alam's thoughts on Secularism
    The Idea of Secularism and the Supreme Court of India - Justice Aftab Alam (Ver. 1)
    The Idea of Secularism and the Supreme Court of India - Justice Aftab Alam (Ver. 2)


     
  16. ani82v

    ani82v Senior Member Senior Member

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  17. reference to Manusmriti was made to indicate that Justice SM Soni's claims might themselves not be free of communal leanings . . .
    .
    .
    Am i in support of Shariyat . . . ??

    Hell No . . !!!

    but if Indian constitution of India has decided to incorporate some of its clauses . . . it is Indian Law .

    from now own lets just talk of what we know conclusively about this issue . . . .
    coz in my opinion SM Soni's claims are weak in as much as the citations he himself provides . . .

    As can be seen from from the article in Post # 15
    Justice Aftab Alam has only expressed his discontentment with Rulings made by SC, never the Law

    This in no way proves that he is incapable of upholding the Indian Law without bias
     
    Last edited: Aug 1, 2012
  18. ani82v

    ani82v Senior Member Senior Member

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    You claimed that Soni might be communal because of some reference to Manusmriti (based on your informal sources). That makes the case against Justice Aftab Alam weak.
    Incorporating Shariyat is not because it is incorporated in the law even if it is at conflict with some other clauses of Indian Law and at many times it is outright retrograde. But all this scheme is not communal. Jumping at conclusion that Soni is communal and rest of the Shariyat scheme is not, is that not double standard?
     
    amitkriit likes this.
  19. Off Topic .

    The Focus here is whether Aftab alam is biased communally that he cannot be trusted with upholding Indian Law . . . As it is.

    whether Indian Law is fair or communal is not the debate .
     
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