Sunday, 19 October 2014

A Bird’s Eye-view of Suit O.S. No.409/2005

After issuing show cause notice to us, which did not mention any charges leveled against us, and without furnishing a complete copy of A.V. Nagarajan’s report dated 10.01.2005 (which also did not contain any specific charges leveled against us), the trustees began issuing and pasting expulsion letters on our doors. We were given no opportunity to defend ourselves. (See details on posting dated 07.02.2005). The dates of events which occurred thereafter are highlighted hereunder. 
  1. 25.04.2005 - O.S. No.409/2005 filed before Principal District Munsif at Pondicherry
  2. 28.04.2005 – Exparte interim injunction granting status quo is given to us in I.A. No.1500/2005 in O.S. No.409/2005 by an upright honest judicial officer, Mr. Krishnasamy.
  3. 10.06.2005 – Interim injunction is made absolute after a thorough enquiry. We sincerely thank Mr. Krishnasamy (Judge of PDM) for his unwavering rendering of justice.
  4. 01.07.2005 – Trustees disobey order of injunction and fail to provide ‘Prosperity Items’, which is given to every inmate to meet their daily and monthly needs since we do not receive any money.
  5. Contempt Petition No.3782/2005 filed by us against trustees since they disobey court order. The contempt petition is still pending. (See posting on )
  6. Trustees prefer appeal in C.M.A. No. 35/2005 at Pondicherry against the interim order dated 10.06.2005. Trustees’ Appeal is dismissed on 30.01.2007. Trial Court Order dated 10.06.2005 is upheld since the balance of convenience is in our favor.
  7. Trustees file C.R.P. No.3314/2007 before Madras High Court challenging dismissal of their appeal on 30.01.2007. Order dated 29.01.2008 is passed. Justice K. Venkataraman directs us to reside in some other accommodation. We request for accommodation at ‘Golconde Guest House’.
  8. Trustees file M.P. No.1/2008 in C.R.P. No. 3314/2007 for clarification of the order dated 29.01.2008 since they do not wish to accommodate us at ‘Golconde Guest House’. Order dated 04.08.2008 is passed and under the guise of clarification Justice K. Venkataraman modifies his own Order dated 29.01.2008. As directed we ask to be accommodated at ‘International Guest House’ and the ‘Sea Side Guest House’. (See posting on )
  9. Trustees file M.P. No.2/2008 in C.R.P. 3314/2007, a second clarification petition, seeking to further modify the already modified order dated 04.08.2008.
  10. Justice K. Venkataraman suo motto appoints an Advocate Commissioner. He directs the trustees and the sisters to state alternate accommodation which he will come and inspect and impartially judge the suitability of the accommodation. Advocate Commissioner comes to Pondicherry, visits the mentioned accommodations and submits his report on 23.12.2008 to the Madras High Court. His report is totally unfavorable to the trustees and completely exposes the harassment which the trustees are causing us. (See posting on )
  11. The trustees are in a dilemma because of the Advocate Commissioner’s report and pressurize Justice K. Venkataraman to ignore the same. Justice K. Venkataraman has already been so thoroughly comprise that he blindly obeys the trustees. We write a letter to the Chief Justice of Madras High Court – Mr. Justice Gokhale and seek to transfer our case. (See posting on 14.10.2014)
  12. Justice Gokhale ignores our complaint and orders Jusice K. Venkataraman to continue with the case. By now Justice K. Venkatarman has become openly hostile and begins to needlessly insult and berate our lawyer. With a heavy heart we request our lawyer to give up Vakalatnama. We were assured that notice will reach us through court and we can come and represent our case ourselves. No such thing happened.
  13. On 21.06.2010, 1 ½ years after Advocate Commissioner has submitted his report, Justice Venkataraman passes exparte order in M.P.No.2/2008 in C.R.P. No.3314/2007 directing us to stay at ‘Jenny Working Women’s Hostel’. As per report of Advocate Commissioner this hostel has no vacancy.
  14. On 22.07.2010 using Pondicherry police to intimidate us, Matriprasad, Maya Khandelwal, Jahnavi Ravikanti, Purushottam Kothari and others assault Jayashree and Hemlata and deny us food at Ashram Dining Room. (see posting dated )
  15. On 27.10.2010, more than three months later our food is restored at through I.A. No.2094/2010 in O.S. No.409/2005, through the Pondicherry court by Mrs. R. Vasanthi, Hon'ble Judge of PDM. We wish to thank yet another upright judge who did not succumb to pressures from her superiors and trustees.
  16. Trustees file revision in C.R.P. No. 4219/2010 challenging order dated 27.10.2010 in I.A. No.2094/2010 in O.S. No.409/2005, as well as Contempt Petition No.1483/2010, in Madras High Court. Justice K. Venkatarman is again presiding over these matters. With great difficulty our lawyers manage to transfer the case to the court of Justice S. Manikumar. Matter is extensively argued on both sides in April 2011. Then on 03.08.2012, more than 1 year later, Justice Manikumar passes order of eviction without stating any reason for the same.
  17. The five sisters challenge this unjust order dated 03.08.2012 and file S.L.P. No. 27620/2012. Stay is granted by Justice Nijjar and Justice Gokhale.
  18. Thereafter from 15.07.2014 the matter is suddenly preponed by 1 ½ months to 29.04.2014 when it comes up before a new bench and a non-executable order is passed on 29.04.2014 by Justice S.J. Mukhopadhaya and Justice Ranjan Gogoi. (see postings dated )
  19. The trustees file Contempt Petition No.395/2014 and arrest warrant has been issued on 13.10.2014 by Justice S.J. Mukhopadhaya and Justice Bobde.

The trial in O.S. No.409/2005 has been underway for more about 4 years. Trustees are delaying and protracting the proceedings of the trial and till have been fined on two occasion for failing to continue with the trial. They paid fine of Rs.2,000/- each time.

It is most pertinent to note here that our case contains no description of any property. It is a case challenging the impugned report which had been fabricated to hush up, suppress, mislead, misguide and misrepresent our complaints of sexual harassment. Neither the we nor the trustees ever sought relief of eviction in any of the above-mentioned multiple proceedings. But astoundingly eviction has been ordered in a sexual harassment case and victims are further victimized by the above-mentioned judges of the Madras High Court and Supreme Court. Has justice now become blind and corrupt and willfully chooses to remain blindfolded?

Justice K. Venkataraman, Justice S. Manikumar, Justice S.J. Mukhopadhaya, Justice Ranjan Gogoi and Justice Bobde have all misused their discretionary powers under Article 227 of the Constitution. In spite of having written countless letters, unfortunately no one has as yet had the courage to take action against these judges and make them answerable for the gross miscarriage of justice.

No comments:

Post a Comment