Appeal to Chief Justice of India to Resign

Appeal to Chief Justice of India to Resign

To

The Honorable Justice Kapadia, the Chief Justice of India----

16-04-2011

Respected Sir ;

It pains me to address this letter to you as your Honor is the most Upright and Honest Chief Justice, this Country has ever known. But since the grief of the Common man needs to be addressed immediately as such I am making the same Appeal to your Honor and your Colleague Judges of the Supreme Court as I made by letter dated 07-11-2007 to the Erstwhile Chief Justice of India (who ignored it) as below:-

To Hon’ble Justice…K.G Balakrishnan, C. Justice of India. .Supreme Court of India New Delhi

From (Robby Sharma)- 865, Block-B, Panki Kanpur-Uttar Pradesh India-pincode-208020

.Mob-0-9415438326, email- sharmarobby@hotmail.com , blog-http://sharmarobby.wordpress.com Hon’ble Sir:

Appeal 07-11-2007

Nations can fight wars & still Survive; Nations can fight Disease & still survive: Nations can fight hunger & survive.

No Nation, which does not, ensure, Justice to its Citizens can ever Survive.

When a few Railway accidents happen, there is a hue & cry & the Resignation of the Railway Minister is called for:

When a few riots take place, the resignations of the C.M, P.M, Home Minister are demanded & in the past a few Politicians did resign taking moral responsibility for the failure although they themselves were not rioting.

After the China War debacle, the Defense Minister went although he was not on the front , fighting.

There is total failure of the justice System in the Country, with millions of cases pending & millions of uprooted Farmers are not able to get their Land Acquisition Compensation as their cases have been pending for decades at various levels.

Millions have died waiting for justice and yet their cases are pending and their dues gobbled up by the respondents, with the Government itself gobbling up billions of rupees being the biggest litigant.

Still many millions, victims of heinous crimes have died, their souls waiting, for punishment of those who killed or maimed them. The President of India, K R Narayanan on 28-01-2000, while speaking on the occasion of the Golden Jubilee of the Supreme Court of India said “That even now Justice is not available to the poor….That is why it is said that Courts are Casinos, where a lot depends on how you throw your dice…..If the Citizens do not get fair & affordable justice then … they may instead of following the rule of law, take the law in to their own hands”.

(The news items dated 29-01-2000 were carried in Amar Ujala & Aaj of Kanpur )

At various forums, the Chief Justices of India as well as other Hon’ble Judges have voiced their concern saying that the Government is not appointing the required number of Judges and is also not giving the required Infrastructure. It is true that at least ten times the present strength is required. In Pakistan having just about 15 % of population as compared to India , there are about nineteen serving Supreme Court Judges while our Constitution provides for a maximum strength of about 27 or 28 instead, it ought to have provided for a minimum number rather than for maximum.

The result is that many languages and states of the Country may not even find representation in the Supreme Court. Thus from the beginning it seems the Rulers did not want the Country to have an effective Judiciary. All the essentials of life i.e. Education, Health Services, Land for Housing and Occupations, in Cities have been allowed by the Governments to fall in to the hands of the Mafia and it is not providing Infrastructure for an effective Judiciary.

Out of the above, The Government is the biggest Mafia, controlling Land, specially Urban Land, acquiring it at throw away prices on a large scale & thereafter hoarding it and releasing it in small quantities, slowly, driving up the prices and profiteering, a la- Sukhhi Lala of the Film Mother India who used to hoard the grain and then ask for the Honor of the women who wanted grain to feed their Children.

There has grown an all pervading Sense of Gloom and In-Security amongst the Masses in the Country.

The Senior Officers of the Army are being charged with crimes of selling off petrol during transportation & instead, carrying water in its tankers & dumping in the fuel dump(case reported from Jammu recently) then there was the News of selling off of subsidized Liquor of Army Canteens, in to the open market by Army Generals. There has been embezzlements in purchase of Army Rations, Pulses and meat & underweight Eggs as well. Such a situation is deplorable but how does one expect a well read, sophisticated Army Officer to pay for the professional education (Medical/Engineering/MBA) of his Children which can presently cost about Rs twenty-thirty lakhs per person in India. How can he buy a House for himself which in keeping with his status can cost upwards of several Crores in a good-sized City. We are not paying him that kind of a Salary? Therefore by allowing for large-scale speculation in land as well as surrendering the Education & Health services to the Mafia forces the Governments have destroyed the Institution of the Army as well.

Therefore I am aware that alongside the suffering masses of India, People of the Judiciary are also the Victims of the wrong policies of the Governments and many of the Judges at the lower Court Levels along with the Advocates practicing there are also struggling to meet both ends meet. The same may be the situation with respect to many advocates in the High Courts of a few Northern States and even the Judiciary is not free from this sense of Insecurity.

Other than the resignations en- masse by the Judges of the Supreme Court and the High Courts, there is no other way to force the Government to provide for at least ten times the number of Judges as well as the required Infrastructure. That is the only way by which the Governments will be pressurized to act.

Therefore I appeal to those of you , who, have the financial security of their own and not dependant on the Government for it & who have their Children well settled in life, to resign & force the Government to provide the Required Infrastructure & fix a time limit for disposal of various types of cases so that at least 95 % of the cases in all the High Courts/Supreme Court/Consumer Commissions /Consumer forums are decided after full study of files, in maximum 100 days and at least, 95 % of the cases in the lower Courts are finally decided in maximum 200 days.

Although in the past I have said many uncomplimentary things about the Judiciary but recent happenings have made me think again. As per News Item dated 28^th October-2007, in the presence of the Ex Chief Justice of India Shri V. N. Khare, it was observed that the Rulers want to keep the Judiciary handicapped by not providing the required Infrastructure. In view of the above I have decided to Appeal to your good Conscience. I have further decided to devote the rest of my life to achieve the above Objective & raise my voice & undertake a Nyaya-Yatra, to secure Fast & efficient justice for all in India.

This letter is being sent first to the Chief Justice of India only thereafter it will be sent to other Judges.

I remain Yours Sincerely

(Robby Sharma)