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 31^st 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 2^nd 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 29^th 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 31^st 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]

Supreme Court a National Monument of Injustice

I have been informed that Justice Ranjan Gogoi has passed a detailed order of eviction against we five sisters but he has cunningly and conveniently removed the words "suit premises" to cater to the needs of the trustees and has helped the trustees to illegally evict us. Justice Ranjan Gogoi has even ordered Mahila Police at Pondicherry to help in the eviction proceedings. As soon as the Order passed today is made available I shall post it for everybody's reference.

From the Frying Pan into the Fire into …..?

Yesterday, on 08.12.2014, in the afternoon, we received notice from the Supreme Court through RPAD informing us that we are to appear before it on 09.12.2014 in the contempt proceedings. How on earth does the court expect us to appear at such short notice is anyone’s guess!!

However what is more astounding is the fact that now the case is coming up before Justice Ranjan Gogoi, the judge who was even more hostile to our lawyers at the first instance in the SLP than Justice Mukhopadhaya. How on earth are we going to be given justice? Will it be a case of from the frying pan into the fire? I sincerely hope not because then the next stoppage for us is the crematorium.

Justice S.J. Mukhopadhaya Harasses Us Once Again

On 18.11.2014 we five sisters had been arrested by the Pondicherry Police under the directions given by Justice S.J. Mukhopadhaya and were released on bail on the condition that we appear before him on 02.12.2014. With great difficulty we managed to make basic arrangements and appeared before Justice Mukhopadhaya on 02.12.2014 and this is what transpired.

When our case was called on 02.12.2014 trustees’ lawyer Sanjay Parekh and on the other side Nivedita and myself appeared before Justice S.J. Mukhopadhaya. As soon as we stood before him, Justice S.J. Mukhopadhaya took our file and threw it aside saying that we sisters did not want him to sit on judgment for the contempt petition. He then went on to falsely accuse us that we had some lawyer hailing from Bihar who knew his family and who had written a letter against him on our behalf seeking some kind of a vengeance against him. He then admitted that he had visited Pondicherry Ashram 4 times, including the time as mentioned in the letter, but no one had ever told him anything. However since he was to retire in two months time he did not want any black spot of professional misconduct on his career and so he did not want to take up the matter on professional ethics.

When Justice Mukhopadhaya also stated that the letter accused him that his children were practicing in the Supreme Court, one of the lawyers supported him by saying that he knew of no such persons. Justice Mukhopadhaya then admitted that it was a fact that his children were practicing in the Supreme Court and not many people knew about it.

By his admission Justice S.J. Mukhopadhaya not only proved his already indulged in professional misconduct, by inference he also admitted having favored the trustees throughout the SLP proceedings and the contempt proceedings and exposed their mutually beneficial relationship either through his children or by his own self.

Thereafter Sanjay Parekh, as instructed by Matriprasad and Devdip Ganguly (trustees’ henchmen), complained to Justice S.J. Mukhopadhaya that we had started a website wherein we were accusing many other judges of having visited the Ashram, even the Chief Justice of Supreme Court. I responded by saying that it was true since I had myself seen these judges with my very own eyes enjoying the hospitality of the trustees and being entertained by Matriparasad and other trustees’ sycophants.

I then told Justice Muphopadhaya that a copy of the letter he was referring to had been sent to us also by RPAD and I had filed the same as part of our counter in the contempt petition. The letter had been sent by some citizens of a corruption free society. At this Justice Mukhopadhaya accused me of being a member of corrupt society. I strongly retorted that it was he who was corrupt and a member of corrupt society, illegally helping the trustees in all their wrongdoings for personal gain and glory, and that I was a citizen of a corruption free society and led an upright life.

Sanjay Parekh once again tried to belittle us by uttering nonsense against our character and how we were in the habit of filing false complaints. I vehemently denied his allegations stating that the contents of the blog spoke the truth for themselves and no amount of mudslinging would wash off the trustees’ misdeeds.

However Justice Mukhopadhaya was not inclined to give us an opportunity to be heard. I was really angry and I shouted at him that after issuing bailable arrest warrant, after having us arrested and humiliated, he cannot now deny us an opportunity to be heard and simply wash off his hands from the case on the ground that he fears black spot on his career if he continues to sit on this case. But all my heated submissions fell on deaf ears. He simply refused to listen to us.

I also requested the matter to be posted in a day or two since we were leaving by 04.12.2014 evening and that we could not prolong our stay since we had appeared at the Supreme Court with great difficulty and were facing great hardship. Justice Mukhopadhaya laughingly belittled our submission saying that we were facing no hardship and he knew fully well the life we led in the Ashram was one of comfort and decadence. We were furious and categorically informed him that he knew nothing of the hell we were going through because of the trustees’ highhandedness which they were wielding because of the support of corrupt judges likes him.

I then requested him to receive our counter in the contempt petition but he arrogantly threw away our file and called for the next case to be heard. He compounded the miscarriage of justice by even failing to receive our counter knowing fully well that we would not be able to appear whenever our case was next listed.

As the next item was called the lawyers of the other cases were shooing us away so that they could be heard and in the face of such open hostility shown to us by Justice Mukhopadhaya, insulting him by showing him our back we began to move away. Then fury at the injustice and harassment caused by Justice Mukhopadhaya overtook us and both Nivedita and myself began enumerating loudly the manner by which the trustees and these corrupt judges were victimizing us on false grounds - first that in a sexual harassment case the judges had issued eviction proceedings, second that even when there was no mention on suit premises Justice Mukhopadhaya and Gogoi had issued eviction proceedings. We also showed the pornographic chits received by us and asked all present in the court hall whether justice was being given to us. One of the lawyers reprimanded us by saying that this is not the way to behave to which I retorted that is this the way supreme court renders justice. For five minutes we let off steam in this manner exposing and highlighting the various misdeeds of the trustees who were helped by these corrupt judges and then we left the court hall with dignity.

Supreme Court Misrepresents!!!

I have just received a copy of the Order passed on 02.12.2014 by Justice Mukhopadhaya and it is astounding to note that even though we appeared as party in person, Sanjay Parikh is being shown as our lawyer. Order is produced below.

ITEM NO.9                                     COURT NO.4                                             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 : 02/12/2014 This petition was called on for hearing today.

CORAM :        HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA

HON'BLE MR. JUSTICE N.V. RAMANA

For Petitioner(s)              Ms. Anitha Shenoy,Adv. (NP)

   In-person

For Respondent(s)          Mr. Sanjay Parikh, Adv.

UPON hearing the counsel the Court made the following

O R D E R

List this matter before a Bench in which one of us (Hon. Mr. Justice Sudhansu Jyoti Mukhopadhaya) is not a member.

(MEENAKSHI KOHLI)                                                                       (SUMAN JAIN)

 COURT MASTER                                                                               COURT MASTER

Will Supreme Court Illegally Modify Its Court Order?

On 02.12.2014 the contempt petition filed against us is listed before the Supreme Court and we are constrained to appear before the Court on that day. With great difficulty and hardship we have managed to make the very basic arrangements for our travel.

However we have come to know that apparently the trustees are going to submit before the Supreme Court that they have or will arrange alternate accommodation for the five sisters and we should be shifted thereto and get orders to that effect. If the Supreme Court is inclined to grant the trustees' prayer then it will be unlawfully modifying its own order dated 29.04.2014 through a contempt petition and this will be totally against the principles of natural justice and the prescribed law and common sense, especially since at the first instance the Supreme Court had failed to take the submissions made by the trustees in their reply to our SLP with regard to payment of expenses to us.

It may also be noted that the trustees have not made the above claim in their contempt petition filed by them and they cannot now come forward with such a plea after having illegally and forcibly implemented the order dated 29.04.2014 by stopping our food, medical and all other facilities and amenities extended to every inmate of the Ashram.

The trustees will be once again trying to cunningly gain the sympathy of the court using devious means by projecting false goodwill. We sincerely hope that at least this time round the Supreme Court will be wise enough to see through their malice and ill-intentions and will not indulge in further miscarriage of justice.

OUR LETTER TO THE PRESIDENT OF INDIA

As a last recourse to get justice we have written a letter to the President of India. We hope that at least the Hon'ble President will intervene and help us. Let us wait and watch.

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.

THEFT in Sri Aurobindo Ashram?

It is rumored that there has been a huge theft from Sri Aurobindo Ashram to the tune of 8 Crores. Why have the trustees not given a complaint to the police? Or is it that this huge sum has been spent by the trustees while extending hospitality and for the entertainment of three high profile judges who visited the Ashram Trustees 

1. Chief Justice of India, Mr. Justice R.M. Lodha, visited on 16.08.2014
2. Supreme Court Judge, Mr. Justice S.J. Mukhopadhaya, visited on 13.09.2014
3. Chief Justice of Madras High Court, Mr. Justice S.K. Kaul, visited on 03.10.2014

Probably that is why Mr. Justice S.J. Mukhopadhaya is supporting them so blatantly at the cost of his own personal reputation.

ULTA CHOR KOTAWAL KO DAATE – POLICE TAKEN TO TASK BY THIEF

This is a very apt saying in Hindi. The best example is of Mr. Justice Sudhanshu Jyoti Mukhopadhaya, a sitting judge of the Supreme Court, who for whatever reasons best known to him is making a laughing stock of himself, open to great ridicule and exposure. Isn’t it ironical that having himself indulged in wrongdoing Justice Mukhopadhaya is taking to task the innocent non-wrongdoers?

In the first ever sitting on 29.04.2014 in our SLP No.27620/2012 before him he makes a comment in the open court that he has previously visited the Ashram. Then he refuses to hear our counsel and under two minutes he passes orders not relating either to the relief sought for in the SLP by us or the relief sought for by the trustees in their counter. On professional grounds he should have recused himself at the very first instance since he had already enjoyed the hospitality of the trustees.

The order dated 29.04.2014 reeks of mischief and foul-play in the following way.

1. Order was passed under two minutes in our case which had been part-heard before a different bench.
2. The malicious order is passed in an interim petition and especially when the trial of the suit before the Trial Court has been underway for the past 4 years.
3. Our lawyers were literally threatened by these judges when they tried to present our case. No opportunity was given to us to put forward our case.
4. The suit has been filed by us challenging the impugned report manufactured by the trustees which stands on no evidence but only hearsay and rumors and assumptions, and wherein no specific allegation or charge has been made out against us and based on which trustees illegally try to expel us from the Ashram, without following principles of natural justice. The Order of the Supreme Court is for evicting  us. Magic!!! Isn’t it.
5. Gross violation of fundamental rights.
6. The relief is sought for neither by the trustees nor by us. This relief has been pulled out of the magic-hat of Justice S.J. Mukhopadhaya and Justice Ranjan Gogoi, without having first read the SLP and all pertinent documents. Even a simple perusal of our Plaint filed in the suit and attached as Annexure to our SLP would have sufficed to come to the right conclusions.

View Supreme Court Office Order Online

Office Report in Contempt Proceedings now available on Supreme Court website, at last. But as yet no Order passed on 13.10.2014 is available.

Latest office order is presented below. It says that the court has received our letter intimating the reason for our absence as no means to appear before the Hon'ble Court.

Arrest Warrant Issued by Supreme Court

Yet another mischief played by the Trustees of Ashram???!!!

On the display board of the Supreme Court, through the internet one can track the cases being heard in the court as listed in the final list. However today for about 20 minutes there was no display board all the courts were in session.

Justice Sudhanshu Jyoti Mukhopadhaya, who ought to have recused himself from hearing the contempt proceedings, since he enjoyed the hospitality of the Ashram Trustees, not only failed to take into account our letter but he has also issued warrant of arrest against we five sisters. 

Prophecy of Bosco Dominique, reporter of 'Times of India', comes true… Or was it a prophecy?

Our Letter to newly appointed Chief Justice Of India

We have written to the newly sworn in Chief Justice of India Mr. Justice H.L. Dattu. We hope that he can bring some sense and order, especially in Justice Mukhopadhaya’s head, who has not only wrongly passed orders for eviction in a case not pertaining to property but relating to sexual harassment, but who having enjoyed the hospitality of the trustees is under the circumstances duty-bound to recuse himself from the contempt proceedings.

Our letter sent by RPAD is produced below, which highlights various grave miscarriages of justice caused by Supreme Court judges.

Our Letter to Registrar, Supreme Court of India

We sent a letter to the Registrar by RPAD informing him that since we have no means to appear and present ourselves, our light may be considered. I am producing our letter to the Registrar below. We have also hinted at the professionally unethical lapses on the part of Judges.

Notice in Contempt Proceedings filed by the Trustees

Today my elder sister Jayashree received notice through RPAD (register post acknowledgment due) with regard to the Contempt Petition filed by the Trustees of Sri Aurobindo Ashram. The posting was done from Villupuram and no sender’s address was mentioned. The notice failed to inform us before which Judge of the Supreme Court the contempt petition came up but it directed us to be present on 13.10.2014 before the Supreme Court of India and that all our correspondences should be addressed to the Registrar of Supreme Court of India.