Hi Friends,

Even as I launch this today ( my 80th Birthday ), I realize that there is yet so much to say and do.

There is just no time to look back, no time to wonder,"Will anyone read these pages?"

With regards,
Hemen Parekh
27 June 2013

Tuesday, 9 August 2016

Unlawful ? May be !

Ex-Supreme Court judge, Shri Katju had following to say about the Supreme Court and the Lodha Committe , in relation to BCCI mismanagement / corruption ( as reported in HINDU / 08 Aug 2016 ) :

“ If the parent [the judgment] is illegal, the Justice Lodha Committee’s recommendations also goes. The judgment has not only violated the Tamil Nadu Societies Registration Act but also the Constitution ” 

“ The Supreme Court had over-reached itself and indulged in judicial legislation unmindful of the fact that there are several larger Bench decisions prohibiting the same. ”

“ This order is legislative in nature and could not have been passed validly by the Court. ”

" The Supreme Court could have no doubt forwarded the Lodha Committee’s recommendations to Parliament with their own recommendation that they be enacted as a law by Parliament, but to direct itself that the recommendations be implemented is clearly a legislative act not within the court’s domain. ”

 “ Here, the Supreme Court has not only usurped the powers of the Registrar of Societies, but also outsourced the power of punishment to a committee of retired judges. All this was done under a PIL [petition]. This is nothing but a violation of the Constitution and the relevant statute... It is time the judiciary learnt self-restraint, ”

In a TV interview, Shri Katju went to the extent of calling the Supreme Court judges , " Emperors / Dictators / Arrogant "

What Shri Katju chose to forget ( on purpose no doubt ), is that , for the poor / suffering / starving / oppressed people of India , the Supreme Court is the " Court of last Resort "

A Court which ( of late ) , has come to the rescue of the suffering citizens of India , when the Legislative Wings have miserably failed to address their problems and the cancer of corruption has corroded the Executive Wing !

Will Shri Katju explain his deafening silence during his tenure as Supreme Court judge when :

#  Minority Parties in Lok Sabha held to ransom , the Women's Representation Bill for 37 years

#  Congress held up GST Constitutional Amendment Bill for past 2 years

#  A succession of Congress Governments, aided and abetted ,the parallel economy of BLACK MONEY for 50 years

#  Even as 1.2 million children ( under 5 ) die each year due to starvation, millions of tons of grain rot in open

#  Some 360 workers of FCI collect salary of Rs 4.5 lakh per month by " outsourcing " their work to contract labour

#  Companies blatantly siphoned off Rs 7 lakh*crore worth of loans from accommodating bankers and the govt
    decides to bail-out those banks by handing over tax-payers money , even as 17,000 farmers commit suicide
    each year because they cannot repay loans of few thousands of rupees

#  Lakhs of crores of rupees pocketed by politicians and bureaucrats in hundred of SCAMS relating to government
    contracts / purchases / so-called auctions / licenses / leases / allotments / advertisements / any excuse !

#  Lakhs of crores of rupees lost by hundreds of PSUs over the past 60 years, while govt kept these alive on a life
    support system of tax payers money, even as their workers played cards in factories

#  Thousands of poor people dying prematurely because of floods / droughts / fires / accidents / building collapses
    / hooch / adulterated food / fake medicines / arsenic-laced water ( just look up morning headlines )
   All of these are preventable , only if the Executives ( government officers ) did their job honestly / diligently

#  Thousands of crores of rupees of poor people swindled by PONZI SCHEMES operating with political blessings

#  Millions of tons of our Mineral Resources getting pilfered each year under the protection of politicians

#  Thousands of tanneries polluting Ganga / Yamuna rivers and turning them into gutters , over past 40 years

#  Millions of small children working in brass / leather / cracker factories for 14 hours per day , on a slice of bread

I can go on and on

Dear Shri Katju :

What the Supreme Court did ( in BCCI and a few other similar situations ) , may not be " correct " in the eyes of the law but it is the " right thing to do " in the eyes of the poor people of India

But for such judicial interventions , I am afraid the day is not far when the poor people sleeping on the rain-drenched footpath outside my home , just walk in and occupies my bedroom !  or your bedroom ?

I may not like that but can I grudge their " Moral Right " to do just that after 60 years of silent suffering ?


10  Aug  2016

www.hemenparekh.in / blogs