Justice - Blind or Blindfolded?

At last yesterday the Order passed by Justice S.J. Mukhopadhaya has been put up on the Supreme Court website. The Order goes thus

“In spite of service of notice respondents have not filed affidavit nor appeared in the Court. In the circumstances, we issue bailable warrant against alleged contemnor…”

The beginning of the Order indicates

“(With office report)”

Now if you remember the Office Order mentioned that they have received our letter wherein we have expressed our inability to appear since we have no means and that our plight ought to be considered. (For details see posting of 14.10.2014)

Now isn’t it surprising that even when this letter has been put up before Justice S.J. Mukhopadhaya and Justice S.A. Bobde (a fresh Judge), they fail to pay attention to it and mention that we have failed to appear and hence to issue bailable warrant. I can understand Justice Mukhopadhaya’s stance but what happened to Justice Bobde? Or is Justice Bobde too scared to stand up for the truth and correct the wrongdoing of his senior? 

I am speechlessly stupefied at the blatant injustice and miscarriage of justice happening at the Supreme Court. Has justice become blind or blindfolded to cater to selfish interests?

Also pertinent to point out is when we have no resources to pay for appearing before the Supreme Court, how are we supposed to pay for the bailable warrant? Can someone, any person in authority please tell me how we are supposed to achieve this feat? And what happens when we fail to pay the bail after we are arrested? Do we rot in jail or are we supposed to be die of hunger-strike which we shall take recourse to if we are detained?

It seems the arrest warrant has not yet reached the SP of Pondicherry. We have to take one step at a time and see what unfolds and how it unfolds. The Order directing for our arrest is produced below.

Contempt Petition filed by Five Sisters

The Supreme Court Order dated 29.04.2014 states that we sisters are supposed to vacate “suit premises” on or before 31.07.2014.

First of all the suit is not for claiming property but for challenging a malafide report concocted by the trustees based on which the trustees tried to expel us from Sri Aurobindo Ashram, Pondicherry, which has been our home for more than 3 decades. Therefore as the description of the property does not exist there order of the Supreme Court is not executable and is null and void or non-est in the eye of law. We were constrained to give undertaking to vacate the rooms wherein we are presently residing but that was only under threat and duress from these Supreme Court Judges. There is no contempt on our side.

Second point. Ashram Main Building has residential rooms to accommodate inmates. So, if we were to vacate our present rooms provided by the Ashram and as stated in the undertaking by us, would the trustees permit us to live in the rooms at Ashram Main Building? Obviously not because the trustees want to expel us from the Ashram by which they mean all the properties belonging to the Ashram Trust.

The Ashram trustees have only the right to administer and manage the Ashram properties and do not have any power over the inmates as stipulated by the Trust Deed executed by the Mother herself. The present corrupt trustees have usurped that power which they are now wielding unjustly to perpetuate their goonda-raj under the garb of spirituality and to maintain their personal positions of power since there are no bye-laws in the Trust Deed.

Thirdly the order of the Supreme Court does not deny us food and all other amenities as enjoyed and provided to every inmate of Ashram. However the trustees have denied us all of these basic facilities and amenities. Food has been given only after I gave in writing that there is no such direction in the Supreme Court Order. 

Therefore we have filed a contempt application against the trustees and their many henchmen and sent it by registered post. Our petition has been received on 05.08.2014 by Justice Sudhanshu Jyoti Mukhopadhaya and Justice Ranjan Gogoi and none of them have taken it up and given us relief.

Our Contempt petition is produced below.

Five Sisters file Contempt Petition Against Ashram Trustees

After issuing a show cause notice dated 24.01.2005, which contained no charges leveled against us, and enclosing an incomplete report of A.V. Nagarajan, the trustees proceeded to expel us by pasting expulsion notices. We were constrained to file O.S. No.409/2005 before the Principal district Munsif at Pondicherry. (See posting on 07.02.2005)

The trustees pressured Mr. N. Krishnasamy, the Hon’ble Judge of PDM, to reject our case. But heartfelt thanks to another upright judicial officer who granted us exparte interim injunction on 28.04.2005 in I.A. No.1500/2005 in O.S. No.409/2005, restraining the trustees and their henchmen from taking any action against us based on A.V. Nagarajan’s report, and noting that the balance of convenience was in our favor. Subsequently both sides (trustees and us) were given full opportunity to present their side of the case and the injunction was made final on 10.06.2005 after a thorough enquiry.

However the trustees disobeyed the order of the Hon’ble Judge Mr. Krishnasamy. On 01.07.2005 all the five sisters were denied ‘Prosperity’ items, which is given to every inmate to meet their daily and monthly needs since the inmates do not receive any money. We filed Contempt Petition No. 3782/2005 against trustees since they disobeyed the court order. This contempt petition is still pending disposal at Pondicherry.

Suresh Chandra De (retd. IPS) Comes to his senses – Thank God

After still more vague Order dated 29.10.2001 passed by Mr. Justice P.D. Dinakaran in C.R.P. No. 2230/2001 & No. 2534/2001 in O.S.No.253/2001, trustees proceeded to conduct an enquiry against my four elder sisters while O.S. No.253/2001 was still pending. The trustees appointed one Mr. Suresh Chandra De, a retired police officer who had settled in Pondicherry, as the enquiry officer.

Suresh De, without going into the facts and circumstances of the case, issued my four elder sisters notice of enquiry. We issued a Legal Notice to Suresh De against this enquiry but he did not desist. We were constrained to file an interim petition in O.S. No.253/2001 against the trustees and Suresh De, for directing them to stop this enquiry.

The trustees rushed to the Madras High Court and filed a contempt petition. Trustees issued us personal notice informing us to be present when the matter would be heard by Mr. Justice P.D. Dinakaran. We appeared on 27.11.2002 and Matriprasad was also present in the court hall. Justice Dinakaran loudly asked Matriprasad from his high seat demanding to know why we ladies had been called since he had not issued any notice of contempt. Matriprasad had no reply.

Thereafter Mr. Justice Dinakaran orally directed Matriprasad that matters should be settled out of court by the trustees. A series of attempts for reconciliations were made but since the trustees repeatedly denied having caused us harassment and victimization, all the attempts failed. 

Good sense has prevailed at last as Mr. Suresh Chandra De desists from conducting any enquiry and we also did not press our interim petition against him in good faith.

Today Justice P.D. Dinakaran has dismissed the Contempt Petition filed by the trustees and no contempt was recorded against my four elder sisters.