Date: 20 May 2011


Wake Up Call for the Chief Justice of India: Ashok Arora, former Secretary Supreme Court Bar Association (below) \\\\\\\\\\\\\ A magnificent call, indeed, for the Chief Justice of India. It's a great pity that even such a senior person, occupying a top illustrious post in Bharat, has to be reminded of his duties. \\\\\\\\\\\\\\ Similarly, what a pity that with regard to widespread corruption even ordinary men holding no salaried post or official status are coming forward to protest at the ongoing loot of nation by "fasting to death!" Is it necessary? \\\\\\\\\\\ Yes, indeed, the ancient Land of Rishis and Gurus does not have enough committed citizens who would put COUNTRY above themselves, the principle by which Britain conquered the whole world, including India. \\\\\\\\\\\\\ Who was to inculcate patriotic SPIRIT as they do in America and England? It was supposed to be our leaders, given the extent of ignorance, servility and illiteracy of the masses, and the long period of abject SLAVERY that the unfortunate country, wedded to non violence, had to go through. \\\\\\\\\\\ Yes, why should Anna Hazare and Baba Ram Dev take upon themselves the super human task of getting clean government when we’ve had a “Mr. CLEAN”, the "bastard" who ran off with $50MILLION from just one defence deal? And he was the PRIME MINISTER! \\\\\\\\\\\\ What is today’s Prime Minister, the guy who got a BOOT up his back where he was born, early enough in life to remain timid for the rest of his life, considering MOHAMMED above his own GURU NANAK DEV? He was expected to back the anti corruption movement to the hilt and put his "head" on the block! But he is happily going along, as if drugged, with the rotten system initiated by TRAITOR OF MILLENNIUM, Jawaharlal, who happily signed the unconditional surrender of one third of our country. Nehru then spawned NEPOTISM and CORRUPTON to create the world record. \\\\\\\\\\\\\ Indians, with NO tradition of rising against the rulers, however corrupt and ANTI NATIONAL, were so easy to kick, plunder, brainwash, rub into dust, degrade and exploit. \\\\\\\\\\\ The biggest pity is that with the police in the pocket of the corrupt ministers, the country's only hope of deliverance are the armed forces who could exercise fear on the rascals. But they, too, are just "going along" like the loaded camels in a caravan at night. \\\\\\\\\\\\\ The armed forces have been thoroughly brainwashed as to consider themselves detached from the natives like the old colonial army. From Day 1 of “Independence” they have remained detached from the country and people like a foreign occupying army. Did they not FAIL to defend Lahore? Did they not fail to recover North Kashmir? Did they not win and LOSE East Bengal in 1972 like buffoons or mercenaries? \\\\\\\\\\\ Senior generals must also be reminded of their duty to the country, not to Dynasty or any political party. They must be reminded that when Nehru surrendered Karachi, Quetta, Multan, Lahore and Peshawar all the army posted there to guard the territory PERISHED along with FIVE provincial High Courts. Somehow the Supreme Court Judge was lucky to escape, being in Delhi. \\\\\\\\\\\\\\ Like the tens of millions of Hindus fleeing their homes, lands, shops and places of worship the army, too, VACATED those areas and escaped to (what was left of) Bharat. They SHARED the degradation, shame and defeat of the civilians. Yet the minute they reached the safety of India they detached themselves from the civilians under the influence of Pandit Nehru. They had FAILED to learn the simple lesson: The army is not only to KILL the enemy but also to SHOOT the corrupt and treacherous rulers who fan corruption and plunder the nation and fail to recover our lost territory. \\\\\\\\\\\\\\ Given the rotten civil authorities serving Dynasty and themselves, given the delinquent Supreme Court judges, given the corrupt and useless police, the nation’s eyes are now fixed on the Army, not on a pensioner Anna Hazare or a “sadhu”, Baba Ram Dev Ji. When pitched against the might of the ruling establishment and the mountain of mischief of Sonia and her backers, when all other means have failed, it is time for Bharat's Destiny to encourage the "onlooker" ("tamaash-been") Indian Army to play the last card.\\\\\\\\\\\\\\\ Bharat needs a new system of government, a new Constitution, a new generation of Supreme Court judges, a new Code of national Conduct and citizens who can speak up like the Americans or rise like the Egyptians, and go for "Enforcement above Legislation" by which the prime minister sets the example- a system in which the likes of Prime Minister Rajiv Gandhi are BEHEADED in the centre of Delhi like Guru Tegh Bahadur ji and the likes of SONIA Maino are sent to jail FOR LIFE for refusing to disclose or return the looted wealth to Bharat. \\\\\\\\\ It is unthinkable that our Ram Dev Ji should go on fast unto death while President Patil enjoys banquets in honour of visiting Heads of State in New Delhi. Sonia’s nominee Patil is still “centuries away” in her imagination from the sight of her Bhawan engulfed in sky high flames. \\\\\\\\\\\ Finally, by God, if the current anti corruption movement in “bleeding” Bharat fails, Hindusthan is doomed. \\\\\\\\ 20 May 11. ====================================== \\\\\\\\\\\\\\\ In a message dated 20/05/2011 15:25:14 GMT Standard Time, XXXXXXXXXX writes: Wake Up Call for the Chief Justice of India: Ashok Arora, former Secretary Supreme Court Bar Association \\\\\\\\\\ Chief Justice’s sermon to the judges (Indian Express 13.3.11) that they should not give lectures to society, should not judge the wisdom of legislatures and should not speak anything beyond the principles of a particular case sent a shock wave down the spine of even the spineless souls. It is a heartbreaking commentary on the evolvement of mankind and reaffirms the truth that wisdom is not an automatic byproduct of age or of the position one occupies. It is sad that the Chief Justice of the world’s largest democracy is to be reminded of the oath he took, “I will bear true faith and allegiance to the constitution of India as by law established, will uphold the sovereignty and integrity of India, will duly and faithfully perform the duties of the office without fear or favour, affection or ill will and will uphold the constitution and laws.” The constitution on which the CJI took oath to uphold starts with the pledge to secure for all its citizens justice social, economic and political & equality of status. \\\\\\\\\\\\\ We all know that the dream of the framers of the constitution to wipe the last tear from the last eye is nowhere near realization only because of corruption at higher places. It is high time all of us including the judges perform all our duties in the light of this fact that corruption is the root cause of miseries of millions of fellow citizens who go to bed on an empty stomach. More than seventeen thousand farmers committed suicide during the year 2010. Millions have no access to drinking water, basic health facilities and primary education. About twenty lakh children die every year within five years of their birth and almost fifty percent of children are malnourished. Even as per the Government’s own survey about thirty seven percent Indians are living below the poverty line and one third of districts are affected by violence. About two hundred and eighty lakh crore have been siphoned to tax havens and no sincere efforts are being made to bring back that money. The real cause of misery to millions of fellow human beings, who are not able to get even one square meal a day leave alone a dignified life is rampant corruption, which is at its peak and no institution including the Parliament, Armed Forces and Judiciary can claim to be unaffected. \\\\\\\\\\ It is the fundamental duty of not just the Chief Justice but every citizen of India as per article 51 A of the constitution to abide by the constitution. This article also exhorts the citizens to uphold and protect the sovereignty, integrity and unity of India, to promote harmony and brotherhood and to safeguard public property. We all know of the serious allegations of loot against the legislatures and other corrupt wings of the society. It is difficult to find role models for the gen next and CJI still insists that the judiciary should refrain from lecturing the society. In a way CJI exhorted the judges not to perform the fundamental duty of even an average citizen. An enlightened poet said it so beautifully, \\\\\\\\\\\ IS SADI MEIN TERE HOTON PER TABASUM KE LAKIR HASNE WALE TERA PATHAR KA KALEJA HOGA\\\\\\\\\\\\ Which means that if despite knowing the miseries of the poor you can still have a smile on your face that means you are a stone hearted person. \\\\\\\\\\\\ His Excellency A. P. J. Abdul Kalam, the then President of India on his visit to the Supreme Court of India gave his message in somewhat these words – “You are 26 Judges of the Supreme Court. You are 26 role models of judiciary for this nation of more than one billion people. People look up to you for vindicating their grievances and for removal of injustice. You must come up to their expectations. You must have a vision and do your best to give shape to your vision”. Manusmriti says, ‘If justice was destroyed by injustice, or truth by falsehood and if the judges were mere spectators, then they will be considered as offenders.’ It also divided the guilt of injustice to various people. One quarter of the guilt of an unjust decision falls on the offender, one quarter on the false witness, one quarter on all the judges, one quarter on the king. \\\\\\\\\\\\\\ At the demise of one of the most popular though controversial judge of this century, Tony Blair said, “Lord Denning was prepared to use the law for its true purpose in the interests of fairness and justice. He had a tremendous feel for ordinary people." I am sure lord Denning must be turning in his grave to digest the sermon of CJI. The other two great judges of Supreme Court justice Krishna Iyer and former CJI Justice Verma have quite often lectured the society and have never minced words while speaking in favour of the common man. I feel proud to belong to a judicial system, which rightly boasts of many wise judges starting from a small cause court to the Supreme Court but I am sorry to say that CJI has not shown the statesmanship and concern for millions of the poor while delivering the above speech. \\\\\\\\\\\\\\ We all know how the legislatures cutting across party lines were allegedly involved in Jain Hawala case. Who can forget the total subversion of democracy by the legislatures in JMM case and ultimate failure of Supreme Court at the historic moment? The recent ‘Cash for Vote’ scandal is yet another example of their wisdom CJI talked about. Neera Radia’s tape and her conversations with Rattan Tata exposed the unscrupulous deeds of legislatures and judges but no one worth his salt from Tata’s highly placed community said a word against him. In fact many are perceived to be helping him despite this expose.\\\\\\\\\\\\\\ If despite seeing the miseries of millions we remain silent and sermon others to do so, we must introspect and reflect upon our thoughts and deeds. I strongly feel that CJI has demoralized the force he is leading and millions of citizens looking to Judiciary as the last hope to save the country. I am amazed that despite knowing fully well how seriously the bills are discussed in the parliament and legislative assemblies, how the legislatures behave, how many of them are allegedly involved in serious criminal offences and how many of them are role models for the society, CJI still says don’t judge their wisdom. Who else will judge if not a Judge? If the constitution mandates even the common man to uphold the constitution and to safeguard public property do we mean that a judge is not to perform even the fundamental duty of a citizen and is to be a meek spectator to the loot of national resources? How wonderfully the great poet Iqbal commented upon such a situation,\\\\\\\\\\\ “WATAN KI FIKR KAR NADAAN MUSIBAT AANE WALI HEIN, TERI BARBADIYUN KE MASHWARE HEIN AASMANO MEIN NA SAMJHO GE TO MIT JAOGE AIE HINDUSTAN WALO TUMAHRI DASTAN TAQ BHI NA HOGI DASTANO MEIN” \\\\\\\\\\\ Which means take care of the nation which is on the verge of calamity, the whole universe is aware of your miseries, if yet you don’t act, you will not even find mention in the stories. How aptly the poet wrote about those in deep slumber even after seeing that fifty crore are going to bed on an empty stomach not to talk of leading a dignified life and equal status dreamt by the framers of constitution. It is good that sensitive and wise judges like Markandey Katju and A K Ganguli have ignored CJI’s advice and lectured the society the very next day of his sermons. I feel that CJI has lost the moral authority to lead because of his insensitive and irresponsible speech. People have already started speculating that CJI is trying to woo the legislatures with an eye on retirement plans and they seem justified after this speech. A leader has to lead from the front especially in the hour of crisis and if despite knowing the plight of fifty crore CJI chose to dissuade the forces, the only option left with him is that he must resign at the earliest to pave way for an able statesman who can refurbish the moral and image of the judiciary. (20.3.11) \\\\\\\\\\\ Ashok Arora, former Secretary Supreme Court Bar Association -------------------------------------- \\\\\\\\\\\\\ \\\\ 000000000