Thursday, 23 October 2014

Blatant Miscarriage of Justice by Some Corrupt Supreme Court Judges

Together with the active help, support and willful wrong intervention of some judges of the Supreme Court of India, the trustees have legally harassed us using the backdoor entry under Article 227 of the Constitution of India. Justice Sudhanshu Jyoti Mukhopadhaya, Justice Ranjan Gogoi and Justice S.A. Bobde. A gist of their misuse of discretionary power of supervision is cited below.

We filed S.L.P. No.27620/2012 against the illegal order of eviction dated 03.08.2012 passed by Justice S. Manikumar. Our SLP was part-heard by Justice Gokhale and Justice Nijjar, who granted a stay over the High Court Order. Suddenly our SLP was preponed, under mysterious circumstances, by 1 ½ months from 15.07.2014 to 29.09.2014. 
  1. The transfer of our S.L.P. No.27620/2012 from a bench which had part-heard the case to a bench comprising of Justice Ranjan Gogoi and Justice Sudhanshu Jyoti Mukhopadhya, which had never heard the case, is totally against all legal norms, especially in view of the fact that neither party had made any written submission praying for transfer. Justice R. Gogoi and Justice S.J. Mukhopadhya should not have entertained S.L.P. No.27620/2012 under this circumstance.
  2. Justice Gogoi and Justice Mukhopadhya failed to give a fair opportunity to us to hear our case but showed open hostility to our lawyers, to the extent of even threatening our lawyers.
  3. In fact Justice S. J. Mukhopadhya had even visited Sri Aurobindo Ashram and the Grace Office of the trustees, as he himself claimed in the open court. Therefore on professional grounds he should not have heard S.L.P. No.27620/2012, much less pass perverse orders in his first ever hearing.
  4. Justice Gogoi and Justice Mukhopadhya did not give any reason to arrive at the conclusion that they came to. After threatening our lawyers, they simply passed an order under two minutes, without realizing the civil implications involved and the grievous consequences resulting in human rights violation.
  5. Justice Gogoi and Justice Mukhopadhya ought to have abstained from passing any order of this nature, especially in view of the fact that the suit in O.S. No.409/2005 has been undergoing trial since the past 4 years. They ought to have waited for the result of the trial before passing their order of illegal eviction on an interim petition granting us food, shelter, medical, clothing and other basics.
  6. Justice Gogoi and Justice Mukhopadhya violated our fundamental rights as citizens of India with regard to our food, shelter, clothing and a right to live with dignity, especially in view of the fact that as inmates of Sri Aurobindo Ashram we receive no money. They directed us to be thrown head-first into a world where we cannot survive and are more likely to be further harassed by the henchmen of the trustees, with possibility of even molestation, rape and murder.
  7. Justice R. Gogoi and Justice S.J. Mukhopadhaya have passed order dated 29.04.2014 directing us to vacate “suit premises” in a case in which we have challenged the impugned report regarding sexual harassment fabricated by the trustees. The suit contains no description of suit premises, therefore their order dated 29.04.2014 is null and void and non-executable.

We filed contempt proceedings against the trustees because they stopped our  facilities of food, medical and all other basic needs, necessities and amenities. We sent this contempt petition through RPAD to Justice R. Gogoi and Justice S.L. Mukhopadhaya. These judges have also received our petition on 05.08.2014 but have failed to take it up and give us relief.

Instead on 13.09.2014 Justice S.J. Mukhopadhaya visited the Ashram at Pondicherry and enjoyed trustees’ hospitality. Thereafter on 15.09.2014, just two days later, he initiated contempt proceedings in the contempt petition filed by the trustees and obliged the trustees. We sent our letter to the Registrar of the Supreme Court intimating that we have no means to appear before the court. This letter was received by the Registrar and is clearly mentioned in his office report dated 10.10.2014. The contempt petition filed by the trustees against us was posted on 13.10.2014.
  1. Justice S.J. Mukhopadhaya and Justice S. Bobde ought not to have entertained the contempt petition filed by the trustees since the Order dated 29.04.2014 directs vacating of “suit premises” in a case which contains no description of the alleged “suit premises”.
  2. In spite of having office order dated 10.10.2014 placed before Justice S.J. Mukhopadhaya and Justice S. Bobde, they refused to accept our plea of no means to appear, without even verifying from independent sources its truth.
  3. Justice S.J. Mukhopadhaya and Justice S. Bobde issued bailable arrest warrant without going into the merits of the case and the executability of the Order dated 29.04.2014 passed in S.L.P. No.27620/2012.
  4. Justice S.J. Mukhopadhaya and Justice S. Bobde have misused their powers of discretion and superintendence under Article 227 on an interim petition, while the suit is undergoing trial and directed arrest without going into the facts and ascertaining the truth.

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