On Trial The President of India

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 ?