What WE,THE
PEOPLE of INDIA expect from His Excellancy the President of India ?
WE,THE PEOPLE of INDIA in
accordance with Article 60 “ Oath of Office by President ” according to which it
is Your Excellancy’s duty to preserve , protect & defend the Constitution of
India . In the best interests of resurrection of the
Confidence of General Public in Law Courts of India which is being undermined by the very
Judges themselves for their menial & self interests or profits contrary to Law . Such
of their illegal actions & modus operandi is detailed in all three web sites along
with Judges names & the fraud Committed by them.
His Excellancy the President of India may
kindly take note that should You fail to discharge the Duties of President of India as
enshrined in Constitution of India ; WE , the People of India shall have no other
alternate but to Boycott the Courts & Disobey any or all Orders of any Courts in India
including all Laws in the same manner as Judges have acted .
His Excellancy the President of India
be pleased to take the following actions amogst others as His Excellancy may
deem fit in the given Case , contexts & circumstances.
1] Your Highness being the Appointing Authority of Supreme Court
& High Court Judges ; be pleased to direct the CBI to investigate & prosecute the
Judges who are involved in this scandal .
2] Be pleased to direct the Judges who are involved in this Scandal
to proceed on leave until such time that Investigations & Court proceedings do not
clear them of the Charges.
3] Be Pleased to invoke Your powers as enshrined in clause 1 of Article 143 of Constitution of India to the Supreme Court the following Questions in Public Interest to
resurrect the Peoples’ confidence in the Courts of India
Petition to the President
of India [701.05]
4]The Law
[a] When the Late Indira Gandhi Government through Parliament
of India enacted the Act No.68 of 1984 whereby Land Acquisition Act,1894 was amended .The
Public Purpose was redefined by substituting by Section 3(f)
which has inclusive list of purposes which are deemed to be for public purpose &
exclusion clause as the concluding part of 3(f)(viii)
which states thus “but does not include acquisition of land for companies;” [File
Codes: 011.01 LA ACT, Objects] [011.02
Land Acquisition Act, 1894 as amended in 1984]
[b] The expression “ company” is redefined in Section 3(e) by the Amending Act
The Question is 156 Acres of Lands acquired for the “ Karnataka
State Judicial Department Employees’ House Building Co-operative Society Limited
, having its office at High Court of Karnataka , Bangalore ” to form the so called
JUDICIAL LAY-OUT deeming the acquisition as for Public Purpose is Legal or Illegal ?
2.1 An Agreement in accordance
with Section 41 [011.02 Land Acquisition Act, 1894 as amended in
1984] of land Acquisition Act,1894 was executed between the Government of
Karnataka on 4th January 1988 [File Code : 026.02 Agreement.Govt & Society and
the said Society which is a Private Company within the meaning of Section 3(e).
The Question is : The
Government of Karnataka proceeding with the Acquisition proceedings deeming the same as
for Public Purpose instead of Private Company is Legal or Illegal ?
2.3 The Society had executed an Undertaking
Agreement along with aforesaid
Agreement undertaking to pay all demands of moneys as demanded by Government within 90
days from the date of publication of Notification per Section 4(1) of land acquisition Act
.
The
Question is : Having the Society failed to deposit the Rs. 2.02 Crores within
90 days ; is it legal for the Government of Karnataka having proceeded with issue of 6(1)
Notification ?
3.0
After the Supreme Court held in its Judgment reported as ILR.1995.Kar.1962
at paragraph 20 considering the similar Agreement in context held that Acquisition should
have been under Part VII of the Act etc., [003.01].
Relying on the said judgment when Public
spirited Advocates of Repute representing Karnataka High Court Bar when questioned the
said Land Acquisition by Public Interest litigation making all except two High Court
Judges as the Respondents as they were members of the Society
; the Government of Karnataka conspired to suppress this Agreement so also the Respondent
Society , which fact was unknown to Land owners & so also the the Advocates. The High
Court dismissed the Petitions as mis-conceived and held that Land Acquisition is for
Public Purpose.
The
Question is : Is it not a fit case to reopen the case and hear the matter along
with this Presidential reference ; in the larger interest of Administration of public
justice & if all elements comprised in the said Supreme Court Judgment are there ;
then why not Return the Lands along with the Buildings thereon which are built illegally
to the erstwhile Land Owners and show that “ BE YOU EVER SO HIGH ,THE LAW IS ABOVE
YOU ”
4] Compensation to Land Owners : The Society accepts in its
Writ petition that only Rs.43 Lakhs is paid in its W.P.1600/1994. The awards of
compensation came to be passed to an extent of 156 Acres in 1991. The Society itself
claiming to be as owners of an extent of 87 Acres of Land consented to Consent Awards
contrary to L.A.Act. Neither the Govt. of Karnataka deposited the compensation money in
court as per Law but took the possession of lands & handed over to Society .
The Question are : Is it not Illegal on the part of
Society to appear as owners of land & consenting to acquisition & compensation
thereof ? Is it not illegal on the part of Govt. to take over lands contrary to Section 16
of Act without depositing the compensation as per law & handing over the same to
Society ? If these acts are not illegal then will it be illegal for the Govt. to acquire
back the lands along with buildings thereon without any payment whatsoever and hand over
the same to erstwhile Land owners ?
5] Are the Judges of High Court & Supreme Court are
Employees of State Government ?
6] After the All India Judges Association consisting of all the
Judges of Lower Courts including district Judges ; got the cases filed against Union of
India and got series of Orders & Reliefs including Declaration that “ No Judge of
any Lower / District Court is an Employee of any Government ; etc., reported as [ 1992 ] 1
SCC 119 & [ 1993 ] 4 SCC 288 ; is it legal for any such of Judges to continue as
Members of “ Karnataka state Judicial Department Employees’ House Building
Co-operative ” of which Byelaws allows only the Employees of Karnataka State Judicial
Department . Belaws of said Society read with Supreme Court Judgements procured by Judges
themselves quoted above ; which came to be called as Judges Case-I & Judges Case-II .
The Question is Is it legal for any Judge to become
Member of the Society & avail privileges of an Govt.Employee ?
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