Thursday, December 9, 2010

[rti4empowerment] Request for guidance on legal issue related with Justice Katju judgement

 

Friends,

I had sent this mail yesterday as well but could not assign an appropriate subject to it. Moreover, I could not provide the emails at which I request you to respond to help me. I again request that this is a matter of great important as it is related with judicial accountability and hence I urge all of you who are interested on this issue to respond at nutanthakurlko@gmail.com or nutanthakurlko@yahoo.in.

As I had told you earlier,
the Supreme Court has said in its judgement dated 26/10/2010 SLP NO. 31797 of 2010 Raza Khan versus UP. Sunni Board that- "something is rotten in the Allahabad High Court" and that- "The Allahabad High Court really needs some house cleaning (both Allahabad and Lucknow Bench)".           

               
Based on the facts as presented in this decision, I had filed a Writ Petition No 11759 of 2010 in the Allahabad High Court, Lucknow bench. In the Writ petition, I had said that there is an immediate need to initiate suitable legal and Constitutional actions against all those Judges of Allahabad High Court based on whose conduct the  Supreme Court of India had said that something is rotten in the Allahabad High Court.


The Writ petition had also requested that there was a need to initiate suitable enquiries against all such Judges, to initiate the Impeachment proceedings against them and to initiate criminal proceedings against all such Judges against whom these serious charges of corruption gets suitably substantiated

The case was decided on 01/12/2010 in the very first hearing by Justice Devi Prasad Singh and Justice Virendra Kumar Dixit.

It said- "It appears that the petitioner has made vague allegations. No cogent material has been put forth by the petitioner while raising her grievance." It even said that- "The petitioner seems to be interested for publication of her name in the newspaper while approaching this Court"

The judgement also said- "The petitioner is ... wife of a police officer."
The writ petition was dismissed as being misconceived.

I have a few issues related with the decision-
1. The judgement talks of vague allegations while the Writ had very specifically mentioned the above-mentioned decision of the Supreme Court. The Supreme Court itself had said-
"a lot of complaints are coming against certain Judges of the Allahabad High Court relating to their integrity" and "There are other serious complaints also against some Judges of the High Court." I had only asked to enquire and take action against such judges regarding whom such complaints had come to the Supreme Court. I fail to understand how does it become vague allegation? When the Supreme Court said the above things in its judgement, they must have been based on specific facts. One just can't wash them away as being vague.

2. The High Court says that I approached the Court for publicity. I can't understand on what basis and what rationale have these unsubstantiated facts been made.

3. I had made no mention of being wife of a police officer, yet it was mentioned in the judgement. Can't a woman in India be treated as being an individual working in her own capacity, other than being a wife and a mother?

These being the issues, I request all my learned friends to kindly suggest me further course of action because I want to take the matter to its logical conclusion, including my legal protests about Point No 2 and 3 presented above.

Kindly help me out by responding at
nutanthakurlko@gmail.com or nutanthakurlko@yahoo.in. I might be excused for repeating this message.

http://nspindia.com/Essays%20Nutan.htm

Dr Nutan Thakur,
Secretary,
IRDS,
Lucknow
94155-34525
www.nspindia
www.irdsindia.com
www.nationalrtiforum.org

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