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India: To protect credibility of Parliament & Judiciary, Prashant should file a PIL & launch a Party

Alwihda Info | Par Hem Raj Jain - 19 Novembre 2017

Bengaluru, India

Dear Editor

Sub:- (i)- Escapism from fight in AAP has culminated into humiliation of Adv. Prashant Bhushan in Supreme Court in MCI case (ii)- Criminal cases about Judges of Higher Judiciary can be tried only by Parliament (iii)- Present Parliament full of corrupt and criminal elements hence can’t discharge its responsibilities properly hence Judges of Higher Judiciary are emboldened to damage judiciary (iv)- Anti-corruption movement of Anna Hazare was meant to mainly clean Parliament (v)- Anti-corruption movement has gone waste because Prashant, Kejariwal etc have ditched it (vi) Entire political establishment is corrupt and for cleaning it Prashant should file a PIL about recovery of Rs ~ 1,000 Trillion State capital (vii)- Prashant should also launch a political party to provide clean alternative to presently corrupt Indian politics

------The Supreme Court of India (SCI) has been rocked on November, 10 by a controversy over judicial corruption and the propriety of judges hearing cases in which they may have an involvement. 46 medical colleges were barred by the government from admitting students owing to a lack of facilities. The Central Bureau of Investigation (CBI) is probing the charge that the college tried to use back-door methods to influence the judicial process. In the FIR, the CBI alleged that promoters of the medical college approached retired High Court judge and sought his help in this matter. On September 19, 2017 the CBI had registered a very serious FIR, alleging that there was a conspiracy to bribe judges of the SCI, in connection with a Medical College case which was going on before the SCI. Immediately after that FIR, the CBI conducted raids and arrested some people, including a retired judge of the Odisha High Court and recovered about Rs 20 million in cash. CBI also arrested a middleman from Odisha who had been engaged to influence the Judges of SCI.

SCI Advocate Prashant Bhushan (representing an NGO called the Campaign for Judicial Accountability and Reform, CJAR, who as CBI now allegedly not pursuing this case properly) had sought an Special Investigating Team (SIT) investigation in said medical college bribery scam, said Chief Justice of India (CJI) Dipak Misra on November, 10 overriding J. Chelameshwar’s order marked a very sad day in the history of the SCI. Prashant further said ( as mentioned at ) that it’s really a very very sad day in the history of the SCI – firstly, I have not seen this kind of extraordinary interest being taken by a CJI in a matter which involves him directly, and secondly, because of the kind of unseemly proceedings which took place in SCI. Just a day after feverish proceedings in SCI when it repeatedly warned the petitioners (Advocates Kamini Jaiswal, Dushyant Dave, Shanti Bhushan, Prashant Bhushan) against committing Contempt of Court, the bench on November, 14 reportedly decided to exercise restraint in order to not deepen the crises within SCI and the split in the Bar of SCI.

Prashant faced this frustration and humiliation because he has failed to realize the importance of politics and the meaning of constitutional provisions about disciplining the judges of higher judiciary (Supreme Court and High Court). Prashant should know that the Judges of Higher Judiciary can be tried only by Parliament under Article 124 (4) (for Supreme Court Judges) and Article 217 (b) (for High Court Judges) of the Constitution. Because High Court is not subordinate to SCI [unlike Subordinate Courts (District and Lower Courts) are subordinate to High Courts] hence even High Court Judges can be tried only by Parliament and not by SCI or any other court. Because like many previous Parliaments the present Parliament is also full of corrupt and criminal elements it can’t discharge its responsibilities properly. Hence Judges of higher judiciary (who have never been impeached by Parliament despite many case of corruption, high-handedness, misbehavior, incapacity etc against them) are emboldened to damage the judiciary.

Precisely for the purpose of cleaning the present political system from corruption, the all India anti-corruption movement of Anna Hazare was launched in 2011-12 in which Prashant Bhushan along with others (like Arvind Kejariwal etc who are presently in Delhi Government). But said anti-corruption movement has gone waste because Prashant Bhushan, Kejariwal etc have ditched it first by calling-off the agitation (instead of filling the jail as Jan Lok Pal Bill was not enacted by Parliament) and then launching a power hungry Aam Aadmi Party (AAP) which is presently ruling in Delhi and have some members of Parliament & Legislative Assembly from the State of Punjab.

But Prashant Bhushan left AAP also in 2015 due to internal fight of AAP which came to ugly pass due to simple reason that its Constitution is not properly drafted where in addition to other deficiencies in AAP Constitution the ordinary members of AAP are not given right to vote (which may be one in comparison to 2 or more for active members). Everybody knows (even Prashant said so during TV interviews) that if they go to court then illegal National Council meeting on March 28, 2015, illegal proceeding of this NC meeting, illegal resolution of this illegal meeting, illegal removal of Internal Lok Pal Admiral Ramdas etc can be declared null and void. But Prashant for the reasons best known to him only instead of going to court (and to Election Commission) preferred not only to suffer humiliation, disgrace and defeat but also became a party in making the AAP political experiment / revolution (for the benefit of ~1.3 billion people of India) a failure.

Even now if Prashant Bhushan is really interested in cleaning India of every form of corruption then he should do the following:-

(1)- Prashant should launch a political party to achieve what anti-corruption movement of Anna Hazare tried to achieve

(2)- Because entire political establishment is corrupt hence for cleaning it Prashant should file a writ petition (PIL) about recovery of Rs ~ 1,000 Trillion State capital from Income Tax as mentioned at l and

It is hoped that Prashant Bhushan will realize that he is one of the very few Indians who are very knowledgeable and have good of India in their hearts. Hence Prashant should not waste his time and energy in less crucial matters and rather should do as suggested above (to start with, file a PIL and launch a political party) so that not only Prashant but even his illustrious father (former Union Minister and Advocate Shanti Bhushan) can have satisfaction that they have given India in competent, incorruptible and patriotic hands.


Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India

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