Breaking News: The Greatest Disgrace and Shame of the Indian Justice System: High Court Chief Justice Dinakaran?.

On September 26, 2009, I wrote a small piece about a news report accusing Karnataka Chief Justice of fraudulent accumulation of wealth, Dinakaran, the chief justice Karnataka who also served in similar top ranks in Tamil Nadu high court was the focus of the news.

At the moment I wrote, there was clear investigation report available, or at least there was no details known to call him a fraud.

But, upliftthem has received the following detailed investigative report from social and civil groups that fight against corruption and fraud in Tamil Nadu.  After going thro’ this huge fraud data, as well as talking to one of my contacts, a local social activist in Vaniyambadi, it has become very clear that Dinakaran has been amassing wealth and misusing the justice system beyond any imagination. He might turn out to be the most dangerous and greatest perpetrator of the Justice system from Vellore District of Tamil Nadu, or perhaps in Tamil Nadu or India?. 

I hope the Chief Justice of supreme court and other top officials investigate and punish this high court chief justice Dinakaran, he must go to jail for life time for the crimes, fraud and damages he caused to poor dalits.

THE REPORT:-

Accountability, Integrity and Independence of the Judiciary 

A Joint representation by Civil Society Organizations from Tamilnadu :

To
1. Hon’ble Mr.Justice K.G. Balakrishnan
    The Chief Justice of India
2. Hon’ble Mr.Justice B.N. Agarwal
3. Hon’ble Mr.Justice S.H. Kapadia
4. Hon’ble Mr.Justice Tarun Chatterjee
5. Hon’ble Mr. Justice Altamas Kabir
 
   Supreme Court of India,
   New Delhi.

Respected Sirs, 

Sub : Joint  Representation by Civil Society organisation concerning Mr. Justice P. D. Dinakaran, Chief Justice, Karnataka High Court – Allegations on the ground of lack of integrity, lack of propriety,  amassing of wealth and assets, abuse of power  corruption and other serious  irregularities – Regarding  
 
The undersigned do not know Justice P.D. Dinakaran personally and have nothing for or against him. We have used his name based on a detailed letter of complaint against him written by several members of the Madras Bar as well as other practicing advocates from different parts of Tamilnadu and a representation to the President and the Prime Minister by the Senior Advocate, Mr.  F.S. Nariman and others. 
 
We have been informed through the media that Mr. Justice P.D. Dinakaran, presently functioning as the Chief Justice of the Karnataka High Court has been recommended by the Collegium of the Hon’ble Supreme Court of India to be elevated as a judge of the Supreme Court. We have also seen a few other news items that have disturbed us as public functionaries. The second news was a resolution by the Advocates Association of Bangalore (AAB) calling upon the Chief Justice of the Karnataka High Court to refrain form attending any judicial function until his name was cleared of the allegations levelled against him. The third news was from the Tamilnadu Vivasayigal Sangam (farmers’ association) urging the Government of Tamilnadu to inquire into allegations of land grabbing by Justice P.D. Dinakaran and further stating that they have documents to support their allegations.    
 
The complaint raised by the advocates was around the following issues:
·                               Amassing Wealth and Appropriation of Public Property;
 
·                               Misuse of Power by using State Officials , Subordinate Judiciary and Police to threaten Dalits  and other poor people.
·                               Inappropriate judicial orders in certain cases; 
 
·                               Number Plate of Chief Justice P.D. Dinakaran’s Car – Contrary    to Motor Vehicles Act; 
 
Upon coming to hear about these allegations and reading them, we decided to first of all contact the Tamilnadu Womens Forum since they are known to be working for many years now in the Arakonam Taluk of Vellore District.  A pilot fact finding was then undertaken by a team from People’s Watch on the 22nd September and this was followed by a team representing the Human Rights Advocacy and Research Foundation and People’s Watch after which alone we have come to the conclusion that the materials that have been submitted call for a detailed investigation before taking up his case for appointment as a Judge of the Supreme Court. 
 
The field visits undertaken by us have substantiated the following of the allegations so far made against the Judge.              
                      
1. That the Judge has acquired vast extent of lands, near his hometown of Arakonam, within the limits of Kaverirajapuram Village Panchyat , in Thiruvillankodu Union of Arakonam Taluk ,Vellore District. As a Lawyer he was engaged in several land sale deals in the same village and surrounding village on behalf of the Naidus and other propertied interests.   The acquisitions as stated by the witnesses to have started before his appointment as a Judge of the Madras High Court and increased manifold during his tenure as a Judge.
 
2. All these land holdings in the villages  held by Justice Dinakaran are beyond the ceiling limit under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, as per which a family of five persons can possess not more than 15 standard acres of land. However Mr. V.M. Raman, a very concerned local person and human rights activist said that in 1996, Mr. Dinakaran registered four agricultural companies ( Dear Lands India pvt ltd, Canon Gardens, Amritam Gardens and Amudham Gardens) in his family name but the actual transfer of the lands to his family took place after 2001, after he became a Judge of Madras high Court, thereby trying to defeat the Land Ceiling Law. 
 
3. The lands in Kaverirajapuram village that are in the name of the Judge or his family members or in their possession would, from the statements of the witnesses met including Mr. V.M. Raman, a Social worker in this village by our team during their field visit amount to about 600 acres while the total extent of the village is about 1700 acres. The lands owned or in the possession of the Judge are ‘patta’ lands owned by the Judge and his family; ‘public land’ classified as Government poramboke, eri (lake, stream) and other water bodies, pathway and Tamarind Grove; Government ‘Anadhinam’ lands (which can be allotted only to landless poor as per Board Standing Orders of the Tamil Nadu Government) and an ancient mud fortress abutting his patta lands were progressively encroached upon. 
 
4. The witnesses examined during the field visit further stated that the patta lands originally belonged to backward and most backward classes. The purchase of lands seems to have started before his appointment as a judge and continued there after. The fact finding team had the opportunity of studying the village Panchayat Map with survey numbers and based on information as to what survey numbers was in the fenced off  arrears of lands allegedly purchased or encroached  by Justice Dinakaran  it has concluded that the total extent of lands fenced off by Justice Dinakaran  with survey numbers totals 527.34 acres. Out of this only  297.49 acres are ‘patta’ lands (needs further investigation) and the rest 230.19 acres comprising of  ‘poramboke’ lands  and ‘Anadhinam ‘ lands (commonly used by the poor especially Scheduled Caste , Scheduled Tribe and Most Back Ward Castes) have also been fenced off  and claimed as the property of Justice Dinakaran. This extent of land does not include a famous historical mud fortress in the middle of Justice P.D. Dinakaran’s encroached lands located on a small hillock. For these lands the extent of area is not found in the ‘a’ register. If we total this together with the original 527.34 acres we will arrive at an extent of lands now owned or in the possession of Justice P.D. Dinakaran to a total of about 600 acres. it is significant to note that Justice P.D. Dinakaran’s lands today including encroached lands with saleable illegally at around Rs. 25 lakhs per acre. If we multiply 25 lakhs  into 527.34 acres of lands it will amount to 1,318 crores and above.   
 
5. The villagers since 1990 have been prevented from accessing these common property resources. Nearly 500 families of dalits , adivasis and landless poor in the village are reported to have sought distribution of Government poramboke and Anandhinam lands to them as per G.O. (Ms) No.241 dated 12.09.2006 issued by the State Government. They are yet to receive the assignment. But these people remain ‘silent spectators’ to what is going on presently out of a certain ‘threat’ that they have been subjected to. Immediately thereafter, these common /government lands were fenced in by the judge. By erecting a fence the Judge has deprived the local villager’s access to common property resources of the village, on which many of them depend for their livelihood. It is unbelievable to note that 6 persons who were falsely accused 12 years ago of stealing mangoes from the lands belonging to Justice P.D. Dinakaran are still fighting their court case  and or constantly made to sign in the register in the police station that they are not involved in any mango theft year after year. The actual truth is that these were all dalit families who were grazing their few goats and cows in common lands. The local police station was asked to take action by the aids of Justice P.D. Dinakaran and file false cases of mango theft against them. Till today,  the dalit people told us that most of the poor  who had survived on use of common lands and water resources for small agriculture and vegetable cultivation and grazing their cattle on common lands if it happens to stray into the encroached lands of Justice P.D. Dinakaran the cattle is impounded  and either they should go to the police station to obtain an FIR copy of a case filed against them or they should agree to work as free labour for 1 to 3 days on the farms of Justice P.D. Dinakaran.  
 
6. The fencing to the entire property is done with cement poles and barbed wire and the costs of doing the same has been estimated by the witnesses who spoke to us to cost a few crores only on that. The fact remains that the common village lands near the judge’s property are out of   bounds   for the   villagers. Enquiry reveals that the local police are used to prevent access to the area.  The villagers are not able to have access to the water bodies and due to extensive use of water for the judge’s farm where there are large fruit orchards and other cultivations; the water source for the village has got depleted. Large bore wells/ open wells are said to have been dug inside the farm. Further the people informed us that the Electricity Board has erected atleast  two transformers inside the fenced off lands of Justice P.D. Dinakaran for which 75 Electricity Pole connections have been erected. This is to service not only the  purchased and encroached farm lands with water but also to service 8  buildings which have been constructed inside Justice P.D. Dinakaran’s lands .
 
7.  It is further reported that the entire village administration and government machinery has been exploited to provide facilities and free labour for the judge’s property. It is reliably learnt that the judge is attempting to manipulate revenue records to obtain pattas for the public and government lands in his occupation.
 
8. It is well known in legal circles that the judicial officers and staff of the judiciary in the Court at Arakonam are often asked to supervise and facilitate the maintenance and upkeep of the farm.
 
9. We have also had occasion to confirm the part of the reports that anyone who seeks any information like Survey Numbers and extent regarding even the village common lands and Government lands is intimidated and not provided the information. Villagers are under mortal fear in this regard. 
 
In the words of Justice V. R. Krishna Iyer, we are convinced that Justice P.D. Dinakaran must ‘undergo the most exacting public examination and investigation and further that he  be subject to invigilation into his character and antecedents, company, habits, economic class and social philosophy as well as personal life.’
 
We are of the strong opinion that a judge lives by his reputation. If the Judge’s reputation – not a casual allegation or gossip - is that he is corrupt it cannot be ignored. It is not always easy to get a foolproof material in support of such allegations. That does not mean there should be no inquiry. 
 
When Chief Justice Barucha made a statement some years ago, that one of every five judges at the highest level was corrupt, it could not be assumed that that was an irresponsible statement. There ought to have been an investigation on the statement made.  Unfortunately it was not done. In the result, the litigant not knowing who that could be, is justified into presuming that in the Full Bench of five judges, each one is suspect in his eyes. Sometimes it is said that these allegations crop up only when a judge is to be elevated to the Supreme Court or to the post of the Chief Justice of India. That does not mean that the allegations are false or that they can be ignored. Every such allegation has to be looked into in a transparent inquiry sometime, for aught we know to sustain one’s reputation as an honest judge.
 
There are also certain allegations about Justice P.D. Dinakaran’s inappropriate judicial orders in certain cases. Although we have not personally verified each of these allegations, we have also heard about many other instances of such irregularities. 
 
What is to be done?
 
In the case of Justice P.D. Dinakaran, the least that the Collegium should do is to announce that they will look into the matter after taking senior lawyers like Mr. Fali Nariman and Mr. Shanti Bushan into confidence. The Collegium is a creation of the Supreme Court and not a Constitutional authority. We appeal that the Collegium cannot stand on prestige just because it has recommended certain names. They can always reconsider the suggested names. The Supreme Court assumed this power to protect and preserve the independence of the judiciary from the executive’s insidious discrimination. The same concern for independence should prompt the Collegium not to compromise on a corrupt incumbent. In other words, as Justice Verma put it pithily, “The collective wisdom of the constitutional functionaries involved in the process of appointing superior Judges is expected to ensure that persons of unimpeachable integrity alone are appointed to these high offices and no doubtful persons gain entry.”
 
We wish to recall at this juncture that the integrity, independence and impartiality of the judiciary are essential prerequisites for the effective protection of human rights and economic development; we wish to further recall the UN  General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985, in which the Assembly endorsed the Basic Principles on the Independence of the Judiciary; we wish still further to recall the second meeting of the Judicial Group on Strengthening Judicial Integrity, held in 2001 in Bangalore, at which the chief justices recognized the need for universally acceptable standards of judicial integrity and drafted the Bangalore Principles of Judicial Conduct. 
 
The Bangalore Principles of Judicial Conduct are intended to establish standards for ethical conduct of judges. They are designed to provide guidance to judges and to afford the judiciary a framework for regulating judicial conduct. They are also intended to assist members of the executive and the legislature, and lawyers and the public in general, to better understand and support the judiciary. These principles presuppose that judges are accountable for their conduct to appropriate institutions established to maintain judicial standards, which are themselves independent and impartial, and are intended to supplement and not to derogate from existing rules of law and conduct that bind the judge. The principles of Judicial Conduct are: the principle of independence; the principle of impartiality; the principle of integrity; the principle of propriety; the principle of equality; and the principle of competence and diligence.
 
 
 
Mr. Henri Tiphagne              - People’s Watch, (Madurai) 
Mr. O. Fernandes                   -Human Rights Advocacy and Research Foundation ( Chennai)
Mr. Mahaboob Batcha         - Soco Trust ( Madurai)
Ms. Fathima Bernard           - Tamilnadu Women’s Forum ( Chennai)
Mr. M. Jeeva                            - SIRD ( Madurai)
Prof. Prabha Kalvi Mani     -Pazankudi Irular Protection Council ( Tindivanam)       
Mr. Rameshnathan               - SASY ( Tindivanam)
Ms. Sheelu                           - Women’s Collective ( Chennai)
Ms. Sheila Jayaprakash       - Advocate ( Chennai)
Mr. Vinoth                            -  Adithamizar Peravai ( Thiruvallur) 
Mr. S. Natarajan                   -  Rettaimalai Srinivasanar Peravai ( Chennai)
Mr. C.J. Rajan                       - Citizen’s for Human Rights ( Madurai)
Mr. Himayum Kabir             -Campaign for Custodial Justices and Abolition of Torture ( Chennai) 
 
Note : The signed copy is being sent by fax in the course of the day as well as by courier.  
 

UN’s Navi Pillay Takes On Caste Discrimination, Thanks To Navi Pillay, Eradicate this religious stupidity!?

      

The United Nations high commissioner for human rights, Navi Pillay, has issued a strong and eloquent call on the world to end caste discrimination like it did apartheid and slavery. The organizations Human Rights Watch, the National Campaign On Dalit Human Rights, and the International Dalit Solidarity Network have all endorsed  Pillay’s and the UN’s initiative on the issue.

The caste system and the human rights abuses going with it affects as many as 260 million persons worldwide. It is prevalent in India, Nepal, Bangladesh, Pakistan, but also in parts of Africa with a strong Indian diaspora. Dalits and similarly discriminated against communities across the globe have been oppressed for thousand of years. Dalits used to be called “untouchables”, and even if the upper castes are embarrassed to use the word; they still view Dalits as inferior human beings. Even today, in no case the marriage of a son of a Brahman( India’s upper caste) with the daughter of a Dalit would meet family’s approval. India has an official ban on caste discrimination, but it will not be effective unless it becomes a top priority for the government to enforce it.

Recently Nepal has expressed support for the United Nations guideline for the effective elimination of caste discrimination globally. The following paragraph of the guideline define what they consider to be discrimination.

“Discrimination based on work and descent is any distinction, exclusion, restriction, or preference based on inherited status such as caste, including present or ancestral occupation, family, community or social origin, name, birth place, place of residence, dialect and accent that has the purpose or effect of nullifying or impairing the recognition, enjoyment, oer exercise, on an equal footing of human rights and fundamental freedoms in the political, economic, social, cultural, or any other fields of public life. This type of discrimination is typically associated with the notion of purity and pollution, and practice of “untouchability”, and is deeply rooted in societies and cultures where the discrimination is practiced.”

In her opinion piece, Navi Pillay states that the time has come to eradicate the shameful concept of caste, and she calls on the international community to come together as it did when it helped put an end to apartheid. Navi Pillay grew up in South Africa, and when she talks about discrimination and apartheid she knows first hand what she is talking about.

“As a woman of color from a racial minority growing up in apartheid South Africa, I know a thing or two about discrimination. “Untouchability” is a social phenomenon affecting approximately 260 million persons worldwide. This type of discrimination is typically associated with the notions of ritual purity and pollution which are deeply rooted in different societies and cultures. The problem is neither confined to one geographical area or exclusively practiced within one particular religion or belief system. It is a global phenomenon. Caste is the very negation of the human rights principles of equality and non discrimination. It condemns individuals from birth, and their communities, to a life of exploitation, violence, social exclusion and segregation,” writes Navi Pillay.

Unfortunately, Navi Pillay’s call for action will meet a wide resistance, just like the civil rights movement did in the United States in the late 1960’s. Meanwhile, the international community must put some real pressure on countries such as India to seriously address the matter of caste discrimination. So far, India has not truly tackled the problem but instead has paid lip service to the international community.

“The time has come to eradicate the shameful concept of caste. Other seemingly insurmountable walls, such as slavery and apartheid, have been dismantled in the past. We can and must tear down the barriers of caste too,” concludes Navi Pillay in her inspiring opinion piece. Let’s hope her call is heard.

To read Navi Pillay’s article click here. To read the UN guideline for the effective elimination of caste discrimination globally click here.

Picture and the News article from:

http://newsjunkiepost.com/2009/10/12/uns-navi-pillay-takes-on-caste-discrimination/

Buddha and his teachings reaches Uganda, Listen to Bhikkhu Buddharakkhita

Gandhi, the greatest danger to Humanity and Human Rights!

UNITED DALIT STUDENTS’ FORUM

(Established in 1991, JNU, New Delhi-67)

Educate!                                                Organise!                                        Agitate!

We remember Mahatma Gandhi on his birth anniversary (02nd October, 2009) for his contribution towards the exploited community. 

WHY GANDHI IS A  MAHATMA?? 

I call myself a Sanatan man, one who firmly believes in the caste system. (Dharma Manthan, p 4).

I would resist with my life the separation of "Untouchables" from the caste Hindus. The problems of the "Untouchable" community is of comparatively little importance.  (London Round Table Conference 1931.) 

How is it possible that the Antyaja (outcastes) should have the right to enter all the existing temples? As long as the law of caste and karma has the chief place in the Hindu religion, to say that every Hindu can enter every temple is a thing that is not possible today.  (Gandhi Sikshan, Vol. 11, p 132).

I believe in Varnashrama (caste system) which is the law of life. The law of Varna (color and / or caste) is nothing but the law of conservation of energy. 

Why should my son not be scavenger if I am one?  (Harijan, 3-6-1947). 

He (Shudra, low caste) may not be called a Brahmin (uppermost caste), though he (Shudra) may have all the qualities of a Brahmin in this birth. And it is a good thing for him (Shudra) not to arrogate a Varna (caste) to which he is not born. It is a sign of true humility.  (Young India, 11-24-1927).

According to Hindu belief, he who practices a profession which does not belong to him by birth, does violence to himself and becomes a degraded being by not living up to the Varna (caste) of his birth.  (Young India, 11-14-1927). 

As years go by, the conviction is daily growing upon me that Varna (caste) is the law of man's being, and therefore, caste is necessary for Christians and Muslims as it has been necessary for Hinduism, and has been its saving grace.  (Speech at Trivandrum, (Collection of Speeches), Ramanath Suman (1932)).

 

I believe in caste division determined by birth and the very root of caste division lies in birth.  (Varna Vyavastha, p 76-77).

 

Shudra only serves the higher castes as a matter of religious duty and who will never own any property. 

The gods will shower down flowers on him. (Varna Vyavastha, p 15).

I have noticed that the very basis of our thought have been severely shaken by Western civilization which is the creation of the Satan. (Dharma Manthan, p 65).

There are I am sorry to say, many Hindu temples in our midst in this country, which are no better than brothels.  The caste system can't be said to be bad because it does not allow inter-dining and inter-marriages in different castes. (Gandhi by Shiru, p129). 

The caste system, in my opinion, has a scientific basis. Reason does not revolt against it. It has disadvantages. Caste creates a social and moral restraint - I can find no reason for their abolition. To abolish caste is to demolish Hinduism. There is nothing to fight against the Varnasharma (caste system). I don't believe the caste system to be an odious and vicious dogma. It has its limitations and defects, but there is nothing sinful about it.  (Harijan, 1933).

Jai Bhim                                     Dated: 2^nd October, 2009

Central Committee                                                                                     UDSF

Email us: jaibhimjnu@gmail.com

Contact No’s:  9971034522, 9717575659, 9899671881, 9811970268, 995842220.

Karnataka High Court Chief Justice under attack from Casteist/Racist hindu lawyers!?

“The Bar Association of Karnataka is up in arms against the Chief Justice of the Karnataka High Court, they allege accumulation of wealth and he is being the chief of Justice?. Is it really about accumulation of wealth or the top job a Dalit is holding?”

Let us ask all the Indians about the question of accumulation of wealth, if Chief Justice Dinakaran accumulated wealth, what kind of concern one must develop?.  What kind of investigation has to be carried out, and how one should go about addressing this sensitive issue. None of the above said was done by those so called Federation of Bar Association of Karnataka, but they are going out on mass protest shamelessly and callously because they cannot stand a Dalit being the chief justice. Indian lawers and law officials, depts and employees are the most corrupted among any public service professionals in India,  all those bar association lawyers are an utterly corrupted group of lawyers, how can they accuse a chief justice if none of them are clean themselves?.

Secondly, why the bar association allows these kind of activity when things can be set right in Bangalore instead of going to New Delhi. Who is K.N.Subba Reddy and what is his credentials to raise hands against a chief justice?. When things said and done, it will become clear that it is one of the casteist attack on a Dalit.

Let the bar council or the so called president of the Federation show the proofs of fraud or corruption, and also, let the bar council provide complete list of lawyers who do not have a stained history of fraud and corruption?. Can he, or can they?.

BY Team Mangalorean Bangalore

Bangalore September 25, 2009: Federation of Bar Associations in Karnataka will take a delegation to New Delhi to urge the Collegium of the Superme Court to take decision on Karnataka High Court Chief Justice P D Dinakaran issue.

Speaking to presspersons here today, Federation President K N Subba Reddy said that a five-member delegation led by him would visit New Delhi this week to urge the Collegium of the Apex Court to take immediate decision about Justice Dinakaran against whom there are allegations of accumulation of wealth and his elevation was pending.” To a question, he said since courts were on vacation till October 5, the Collegium should take decision before that.