Perverse judgement

In the Ms Jayalalitha case lt was alleged that there were calculation errors. Mr. Bavani Singh was �sked not to appear. No new prosecutor was appointed. Thus it was a one-sided hearing. A decision to appeal or not rests with the State Government. So far it appears that they are dragging their feet. It appears as though all powers have joined together to do injustice to the people of this country.

In the Ms Jayalalitha case lt was alleged that there were calculation errors. Mr. Bavani Singh was �sked not to appear. No new prosecutor was appointed. Thus it was a one-sided hearing. A decision to appeal or not rests with the State Government. So far it appears that they are dragging their feet. It appears as though all powers have joined together to do injustice to the people of this country.

Billion Dollar Question is whether the judgment of Hon'ble judge Mr.John Michel is right or his Lordship Mr.Justice C.R.Kumaraswamy of Karnataka High Court is right is a Billion dollar question, in which ever way the pndelum will swing in case of appeal will be very grave judicial decisions: and not whether the Prosecutor Mr.B.V.Achariya or Bhavani Singh should have appeared to hear the appeal  in the High Court. Another giantic issue is how come there was arithmetical error in such a sensetive issue which cost the Chair of Chief Ministership of  Selvi J.Jayalalitha, which ofcourse she regain her lost glory after the High Court Judgment.

Hi all,

 

I am following your posts about perverse judgement.

 

Can someone elaborate on what care should be taken while filing appeal against a judgement which appears perverse without attracting the contempt law?

 

vineet

To file an appeal against the verdict you shall have to know the following, namely,-

1. When a verdict is appealable ;

2. How to prepare Memorandum of Appeal ;

3. How to create issues from the verdict ;

4. To study Principles relating to Contempt of Court ;

5. Case laws relating to contempt while challenging the maintainibilty of a verdict ;

A billion dollar is about Rs.6400 crores. Just 10 times the alleged assets of Jayalalitha.. Whether Hon'ble judge Mr.John Michel was right or his Lordship Mr.Justice C.R.Kumaraswamy of Karnataka High Court is, can be settled by an appeal before the Supreme Court. An appeal would not cost Rs.6400 crores. "How come there was an arithmetic error" You call a school girl or a boy. She or he can say whether it was 7% or 70% in fraction of a second with his/her hand-calculator or a laptop. He will do it free, no billion dollars. Whatever course the case may take the "how come" question will never be answered. If at all there is a Rs.6400 crore question, it is whether the Karnataka government of tainted Congree Party or the "Party with a difference" of the Senior Modi will file an appeal before the Supreme Court. Suppose an appeal is made and it was proven that JJ had disproportionate assets, Advocate Tulsi will say that JJ will deposit all that money into the treasury and pray for closing the case. Closing the TANSI case the Supreme Court judges called upon the "Conscience" of JJ. When JJ has a conscience why we worry? Tamilnadu now and in future the whole of India under " ALL INDA" Anna DMK will be in safe hands. Other than JJ, is there a single minister , either at the Centre or in the States who has a conscience? I would like to know from the Learned Advocates if Judges of a court appeals to the conscience of an accused, will it amount contempt of court, I mean

Tamil Nadu State has already fish out 5 crores to Karnataka for the trial of JJ, and if appeal goes on to supreme Court it will be double or trilpe etc. Now to appeal or not to appeal is something like chosing between the Devil and the Deep Seas.Should we say just leave that 6400 to JJ if at all there is this 6400 with JJ and let her say "To forgive is Divine". I wish LCI to have kept this thread for a longer period in the forum, after all it is a matter of arithmetical error, but it's over.

The above arguments are perverse in the real dictionary meaning  of the word. The JJ case should go to Supreme Court and Adv Assumi should be appointed to the position of a Justice of the Supreme Court to hear the case. He can dismiss the appeal saying that "To forgive is divine". It will be in line with the earlier Tansi judgment when the apex court called on the conscience of JJ. She is having a conscience ever since. Hence there is no harm in forgiving her. In the Tansi case at least she offered to return the property (I do not know whether she has actually returned it). Here she has not admitted that she had unaccounted assets, sought to return it to the treasury nor sought forgiveness from the President. The question of forgiveness arises when one pleads guilty and begs for it. Even then there is no provision in law to forgive somebody. If at all it is the prerogative of President.

Will it be in order for the Parliament to pass a bill giving enmasse pardon to JJ, Karunanidhi et al, Lallo and so many others, the list would be endless. The money saved would be enormous. The amount can be handed over to the same corrupt politicians to launch welfare schemes in their respective States.  

A good number of dishonest peoples' representatives (?) are holding chairs either in our Parliament or in State Administration by virtue of muscle and money powers.  This is possible in our so called Democratic country because of the fact 80% of the citizens are dishonest and they cast their votes in favour of dishonest people.

The problem with Indian democracy is that there is no mechanism for the discovery of new and new leaders. Those who manage to catch the imagination of people continue to rule until death removes them. Take the example of Tamilnadu. There are only two leaders who can get elected to power viz JJ and Karunanithi. Both are very very corrupt. They alternately come to power as though they have a secret understanding between them. No third leader, honest or dishonest can come to power there. When India became independant as everyone knows Jawaharlal Nehru was the first Prime Minister. He had such a powerful charisma that no one could come anywhere near him. Experts were forcasting that after Nehru India would collapse. Now it is 51 years since the death of Nehru and India is still very much there.

George Washington became the first President of the United States of America in 1789.. He had a powerful charisma like Nehru but 158 years before the latter. In 1793 his first term ended. He stepped down and asked his admirers to elect another person. But on the insistence of his admirers he agreed for a second term on the condition that it would his last. Thus he did not stand for election in 1797. John Adams became the next President. He stood for a second term in 1801 but was defeated by Thomas Jefferson. Ever since by convention and not by law, it was that no person shall serve more than two terms as President until 1941 when Roosewelt made bid and succeeded for a third term, citing World War II as the reason. In 1945 the War had not ended and Roosewelt successfully made bid for  a fourth term. Sometimes I feel that there is God. In April, 1945 the European war ended and God decided that Roosewelt was no more required though it was less than 4 months since his inauguration. Roosewelt died. War in the Eastern theatre was still raging. But when Roosewelt gave war as the reason in Novemer, 1940, it was one year before Pearl Harbour. In any case the Americans did not want the Roosewelt episode to be repeated in American history. The 22nd amendment to the US Constitution converted what was until then a convention, into law.

In the UK also Prime Ministers go on changing. In India only Prime Ministers and some Chief Ministers belonging to State parties have become permanent fixtures. As for Prime Ministers there was a crisis after the death of Rajiv Gandhi until Sonia Gandhi accepted leadrship position. Narendra Modi, good or bad was an American style discovery. But we have no 22nd amendment. We have no mechanism to discover new leaders and to prevent development of personality cult. There are many people who sincerely believe that JJ was an angel and an innocent victim of manipulations of political opponents. In India the constituencies are very large and money power and muscle power have only a limited role to play in the elections of persons and parties. Is there a way to limit the terms of the rulers. We have a saying on how to catch a stork. "Place butter on its head. The butter will melt in the Sun and the bird will be blinded. Go and catch it". In the English they say " Bell the cat". If a person gets elected the way Narendra Modi and more importantly he has the heart of a George Washington, something good can happen   

Now-a-days, many judges without taking the trouble of going through the case history meticulously and without giving an ample opportunity to the Petitioners especially when they are Parties-in-Person to put-forth their arguments are delivering judgments.  With a cursory look at the case, they are overlooking /ignoring the key points contained therein which are escaping their attention-- leading to perverse judgments. My views are based on facts and my personal experience in Supreme Court, Andhra Pradesh High Court, District Consumer Forum-Vi, New Delhi and in the Delhi State Consumer Disputes Redressal Commission.