Thursday 11 December 2014

GRAVE MISCARRIAGE OF JUSTICE BY SUPREME COURT OF INDIA

On 02.12.2014 after appearing with great difficulty before Justice S.J. Mukhopadhaya at Supreme Court, we were constrained to return to Pondicherry. But on 04.12.2014 we sent our counter for the contempt petition filed against us by Registered Post Acknowledgment Due (RPAD) from Delhi itself, addressed to the Registrar of Supreme Court, since Justice Mukhopadhaya refused to accept our counter that day.

Now it is interesting to note that the Registrar sent us notice of appearance on 05.12.2014 which we received in the afternoon of 08.12.2014 informing us that we were supposed to appear on 09.12.2014 at 10.30 a.m. before Supreme Court. How on earth does the Registrar expect us to appear within 12 hours? Is it humanly possible, especially with our meager resources?

What is more interesting to note is that our letter dated 04.12.2014 enclosing our counter in contempt petition, posted from Delhi, did not reach the Registrar before 09.12.2014. Is the postal service for Supreme Court and for the common man different? Definitely not and therefore we can conclude that not only has the Registrar played foul but he along with Justice Gogoi and Justice Nariman have all helped perpetuate injustice.

But even more astounding fact is that this time round Justice Gogoi and Justice Nariman have illegally and unlawfully modified their own order through contempt proceedings to do the dirty work of illegal eviction for the Ashram trustees. Is that legal and permissible? The ‘suit premises’ has been now cited as specific premises viz. Ambabhikshu House wherein we are residing, without taking in account the fact that this is an interim petition not regarding any property dispute.

Moreover it can be seen that we are to be evicted but no provisions have been made either monetarily or otherwise. Is the police going to throw us on the streets and leave us to be raped and murdered by the trustees and their henchmen? Or are we supposed to commit suicide to cater to the whims and fancies of the corrupt judges of the Supreme Court and the Ashram Trustees.

Within a week all answers will be known. Let us wait and watch whether there is still a Power called God who hears and answers the prayers of the common suffering man. In any event Supreme Court has become a monument of injustice which is deteriorating exponentially everyday.

Supreme Court Final Order in Contempt Petition is produced.

ITEM NO.2                                          COURT NO.8                                                                      SECTION XII

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) No. 395/2014 In SLP(C) No. 27620/2012

AUROBINDO ASHRAM TRUST                                                            Petitioner(s)

VERSUS

JAYASHREE PRASAD & ORS.                                                              Respondent(s)
(With office report)

Date : 09/12/2014 This petition was called on for hearing today.
CORAM :                HON'BLE MR. JUSTICE RANJAN GOGOI
                                HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s)                       Mr. Sanjay Parikh,Adv.
                                                Ms. Mamta Saxena,Adv.
                                                Mr. A.N. Singh,Adv.
                                                Mr. Ritwik Parikh,adv.
                                                Ms. Anitha Shenoy,Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following
O R D E R
The contempt petition is disposed of in terms of the signed order.

 (MADHU BALA)                                                                            (ASHA SONI)
 COURT MASTER                                                                        COURT MASTER

(Signed order is placed on the file)


IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CONTEMPT PETITION (CIVIL) NO. 395 OF 2014
IN
SPECIAL LEAVE PETITION (CIVIL) NO. 27620 OF 2012

AUROBINDO ASHRAM TRUST                                                        ...PETITIONER(S)
VERSUS

JAYASHREE PRASAD & ORS.               ..ALLEGED CONTEMNOR/RESPONDENT(S)

O R D E R

Heard learned counsel for the parties and perused the relevant material.

By Order dated 29th April, 2014 while dismissing the special leave petition filed by the respondents, this Court had granted time until 31st July, 2014 to the respondents (Petitioners in the SLP) to vacate the premises in question subject to certain conditions including the filing of an undertaking, inter alia, to the effect that the respondents will vacate the premises on or before 31st July, 2014.
...2/

--2-

In terms of the aforesaid order, the five respondents had filed their respective undertakings to vacate the premises situated at Sri Aurobindo Ashram, “ Ambabhikshu House”, No. 33, Dr.Ambedkar Street, Kuruchikuppam, Pondicherry- 605012 on or before 31st July, 2014.

The premises having not been vacated as ordered and undertaken this contempt petition has been filed. As despite service of notice, the respondents had not appeared and had not filed any counter affidavit, bailable warrant of arrest was directed to be issued against each of the respondents and the matter was posted on 2nd December, 2014. It is stated upon execution of the warrant of arrest directed by this Court, the Respondent Nos. 4 & 5 had appeared on 2nd December, 2014. For reasons that need not detain us the matter was deferred for hearing today i.e. 09.12.2014.
...3/
--3-

Not only the order of this Court dated 29th April, 2014 is clear and unambiguous, in fact, the respondents have undertaken to vacate the premises in terms of the aforesaid order on or before 31st July, 2014 and have filed their respective undertakings before this court on 7th May, 2014. Despite the above, as the respondents have not vacated the premises. Violation of this Court's order referred to above, therefore is clear. Accordingly, we direct the respondents to vacate the said premises within seven days from today failing which, we direct the jurisdictional Police Station viz. All Mahila Police Station, Pondicherry, to evict the respondents from the premises viz. Sri Aurobindo Ashram, “ Ambabhikshu House”, No. 33, Dr.Ambedkar Street, Kuruchikuppam, Pondicherry- 605012. Beyond the above, we do not consider it necessary to issue any further orders in the Contempt Petition.
...4/

--4-

The contempt petition is disposed of accordingly.

                                                                                                         …....................J.
                                                                                                    [RANJAN GOGOI]
NEW DELHI                                                                                    …....................J.
9TH DECEMBER, 2014                                                    [ROHINTON FALI NARIMAN]

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