Sub:- Judges of Courts of record to protect their dignity & esteem
Dear Sir
It is painful to see the work of serving or retired Judges of Courts of Record (Supreme Court & High Courts), who are during their judicial work taken in highest esteem by the people of India, being either denigrated or rejected by Central & State Govts who have been constituting various commissions of enquiry in independent India. The fate of the report of Phukan Commission of enquiry is the latest such example in the series.
Judges of Courts of Record aught to realize that during their judicial work related to criminal / civil / constitutional matters, which are brought before them for adjudication, there is an inherent advantage of personal motive & drive of complainant / plaintiff / petitioner which ensures purposeful and focused judicial proceeding culminating in result. But in commission of enquiry this factor, a sine-quo-non for any application of judicial mind, is simply non-existent.
Hence Judges of Courts of Record shall be well advised to head only those commissions of enquiries which do not deal with the matters which can normally or aught to be dealt by the Courts of criminal / civil / constitutional jurisdictions.
It is high time Judges of Courts of Record seriously ponder over the advisability and exercise of discretion over heading the various commissions of enquiry constituted by Central and State Govts because it is constitutionally incumbent on the Judges of Courts of Record to maintain and protect their dignity and esteem.
Yours truly
Hem Raj Jain
3077, First floor, 3rd Main Near water tank, Kumarswamy Layout Bangalore - 560078
There is no surprise that UPA Govt. has rejected the report. It was pre-determined. At any cost the Congress (and its Govts.) will try to discredit Fernandese because he had kept it on its toes right from Indira Gandhi's days.
The UPA dispensation at the centre is gunning for Fernandes for some inexplicable reason. But it hasn't been able to substantiate its charges against him. What's amusing is that it has a good number of persons as ministers in key portfolios who have been found guilty by the courts.
One swallow does not make a spring. Likewise one manmohan singh is no indication of efficiency or probity!
The sooner the UPA vacates, the better it is for the country.
I think the Leftists and sundry parties like BSP or RJD will answer our prayers!!
Now that the CBI has been asked to probe the whole thing, it is good for the whole country to keep quiet but it would be better if CBI is asked to expedite the probe within a speedy track time of say 6 months or less so that the guilty, if any, isare taken care of by the law and order machinery. The CBI probe should be honest, transparent and independent please. Simultaeously Justice Phukan may also be asked as to why he did not submit the 'complete' report and why did he not go by the terms of reference and why did he avail the facilities extended by the accused party.
It is a matter of great shame that a Commission appointed by the Govt. of India, is rejecting the findings of the same. If the report is found to be incomplete, let them ask the Commission to make good the points which are supposed to have been 'missed', instead of rejecting it. After all the nation's money has been spent on it and it will just go down the drain. Or is the present Govt. so embarassed to accept it whereby George Fernandes has been exhonorated that they rather scrap it than accept the reality. Sonia Gandhi's binge of vendetta is going to be too costly for her party and finally she will be rejected by her own people when they find themselves out of power because people do not like witch-hunting. Let hertake the lessons of Janta Party during 1977/79. History teaches lessons which should not be ignored or else history will ignore you.
Whether complete or not, let us know what the Phukan Commission report has to say even on matters dealt with Justice Phukan. The UPA reaction in rejecting the report is a foregone conclusion and therefore writing a report on this does not require a genius of a journalist!
Phukan famously went on the Air Forces aircraft to Pune, Mumbai and Ahmednagar to inspect defence facilities with his wife and other members of the commission. I recall Nov.18 news report: Election Commission issued a show-cause notice to Ms Sonia Gandhi, and the Chhattisgarh CM, Jogi, for violating the model code of conduct. CEC J. M. Lyngdoh, said it was prima facie of the view that the provisions of the Election Symbols (Reservation and Allotment) Order, 1968, are squarely attracted in the present case of the use of the aircraft by the leaders of the Congress in violation of the model code of conduct and the lawful directions and instructions of the Commission. The commission said Ms Sonia Gandhi had used the helicopter on October 10, when she had travelled to several places from Raipur, including Hyderabad, Sriperumbudur and Chennai. The Congress legal brains trust today felt that Sonia had not violated the model code on October 10 as she had flown to Sriperumbudur to take part in a memorial function for Rajiv Gandhi. The function had been organised by the Union urban development ministry and was attended by Sonia.
New era of openness, transparency and accountability! Death body is tabled in Pseudo-Parliament before Comrade Speaker Somnath. Commission report is rejected in the absence of opposition without discussion in parliament. Govt. showed mercy on parliament and said it was not bound to table the conclusion as it was "part report" of the Commission but it was doing so on the direction of Lok Sabha Speaker Somnath Chatterjee.
Yesterday Govt. passed Right of Information Bill. Accept Christ in one hand and take bread in another hand. This is Sonia led Christian lobbys Tahalka. George Fernandes had alleged that the Tehelka conspiracy was hatched at 10, Janpath, the residence of Congress president Sonia Gandhi, he was facing a spate of attacks from the main UPA ally.
UPA Govt. is very transparent as every action by it can be predicted. As per UNI news report of May 4, Congress today demanded that the Phukan Commission report on the Tehelka expose be rejedted and junked'' as it lacked credibility. The party also demanded that the Venkatswamy Commission report on the Tehelka expose-- defence deals scam-- be made public.
