From XXXXXXXX
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Through proper Channel
To,
Chief Justice of India, New Delhi
Through;
Acting Chief Justice, Punjab and Haryana High
court, Chandigarh.
Through;
Registrar General, Punjab and Haryana High
Court, Chandigarh.
Sub; NJAC Hearing Supreme Court; “Tell us when we pushed wrong name”;
Sir,
1. Apropos
the news item referred above, This is to bring to your kind notice one such
name which is viral on social media that of judge Jeyapaul regarding the
‘killing’ (murder) of 6 persons in pursuance to his order. The post is as
under:
“November 18, 2014(Edited).
Today, Justice Jeyapaul and the Haryana
Government has got us remember the 13th April, 1919 the "Jallainwala Bagh
Massacre" and "Brigadier-General Reginald Dyer" of British
Government, in which, "General Dyer" ordered and his army fired on
the crowd for ten minutes, directing their bullets largely towards the few open
gates through which people were trying to run out. In the said incident, about
1000-1500 innocent people were killed.
For the last so many years, there is largely
debate all over that the judges often misuse the contempt powers and because of
these corrupt judges the people of this country have lost faith in our judicial
system.
A case of Baba Rampal is quite a hot topic in
news nowadays, in which Justice Jeyapaul and his predecessor has passed various
orders against Baba Rampal of Satlok Ashram whoseems to be not involved
terrorist activities, but since he appeared in trial court in which he was
facing trial, where his supporters made alleged misbehaviour with lawyers who
wrote letter, on the basis of which, the HC took suo moto notice. On last two
dates, when he produced medical certificates, the same were rejected and the
concerned Doctor has also been issued a show cause notice of contempt with
non-bailable warrants against the Baba. Thereafter, the State constituted a
committee who also reported him to be under treatment. The case was listed on
06.11.2014, which was adjourned to 10th, then 17th and now 21st with direction
to arrest the Baba and to produce him before My lord even if he is in some
bunker.
Today, in an attack on Ashram by police, (by
pressure of My lord), many people are killed and hundreds are seriously
injured. We are failed to understand the urgency in the matter and why, the
Hon'ble Judge, refused to trust on a medical certificate produced by the Baba,
and then produced by a team of doctors constituted by Government, the DGP as
well as the State Government.
On the other hand, the Baba and his
supporters are allegedly not willing to face the contempt because they say that
most of the judges are corrupt. The supporters publicly raising fingers on
corrupt judges and also against the present judge. The following are two news
items relating to present judge when he allegedly passed two controversial
orders and the CJ had withdrawn his criminal work roster.”
2. Background
facts; Due to religious beliefs of sant rampal he was facing threats
and was given police security. While under police security, there was a clash
between his followers and those of Arya Samaj on 12.7.2006 in which one person
was killed. Sant Rampal was under police protection and hence he could not
possibly be personally involved in the clash or resultant death of a person.
However in a purely cursory and mechanical manner He was charged with murder
simply being head of ashram. On May 14, 2014 his followers entered court and
created chaos. This led to criminal contempt being filed against him. Judge
Jeyapaul directed director general of police to bring Sant Rampal before him
which order led to killings of 6 persons. On the social media Judge Jeyapaul
was severely criticized and public held the judge guilty of murder of 6
persons. The death of these 6 persons was avoidable if someone had applied even
a minimum of mind or a common sense to the facts of case and law before passing
the orders.
A. Why
Sant Rampal could not be made an accused to murder?
i) Rampal
was himself under state protection at that time. A person who is surrounded by
police cannot pick a firearm up and kill someone without being challenged by
police who was with him at that time.
ii) Rampal
could not be charged with murder simply being head of an institution for any
activity of a member of such an institution. (If any employee of High Court was
to commit a theft or bribery etc would police arrest and charge the Chief
Justice for such a crime just because the Chief Justice is head of this
institution?)
B. Why
no case of contempt was ever made out against Sant Rampal?
iii) Sant
Rampal was present in court via video recording on May 14, 2014. He
cannot be held responsible for actions of his followers. (On arrest of
Jayalalitha, 41 persons committed suicide. Should jayalalitha be held
responsible for abetment to suicide of 41 of her followers?)
C. Why
Sant Rampal could not be asked to be present in contempt proceedings before
disposing of show cause notice?
i) The
first order in CROCP is a show cause to respondent as why contempt proceedings
be not initiated. This is not initiation of proceedings but a stage prior to
it. The standard summon which are issued reads:
“You are hereby directed to attend this court
at 10.00 A.M. on the _______ in person / in persons / through counsel..”
(emphasis supplied)
ii) A
show cause notice is issued asking that the person may appear through counsel.
In response, counsel for Rampal appeared and reply filed. No person can be
asked to appear in person in contempt proceedings unless the records are seen
afresh in the light of reply and show cause notice is disposed of by a detailed
order. Reference has to be seen afresh in the light of the reply and
requirements of Contempt of court Act. Otherwise there is no purpose of calling
for reply affidavit if no mind is to be applied to it. Section 13(a) of
contempt of courts act states:
“13. Contempt’s
not punishable in certain cases.—Notwithstanding anything
contained in any
law for the time being in force,—
(a) no court shall impose a sentence under
this Act for a contempt of court unless it is satisfied that the contempt is of
such a nature that it substantially interferes, or tends substantially to
interfere with the due course of justice;”
Sant Rampal was not there at that time.
Obstruction was caused by some followers (obstruction by followers was
miniscule compared to obstruction caused by lawyers when they go on strike and
prevent lawyers, litigants from appearing and arguing their case). Local police
should have been called and those followers arrested there are then and matter
ends.
iii) No
one can be asked to personally appear in contempt proceedings unless the reply
to show cause notice has been disposed of by a speaking order dealing with
facts as per records and legal objections and case is fixed for framing of the
charges. Perusal of order sheet shows that at no stage judge Rajive Bhalla or
Judge Jeyapul applied their minds to the pre-requirement of majesty of law
regarding disposal of show cause notice which led to death or murder of 6
innocent persons.
3. To
quote Justice Markandey Katju; “In 2001 the then Chief Justice of India,
Justice Bharucha, said that 20% High Court Judges in India could be corrupt. My
own estimate is that today that figure could be as high as 50%.” Max Boot, the former Associate Editor of Wall
Street Journal authored a classic work on “the injudicious judiciary” in the
U.S with a striking title – “Out of order – arrogance, corruption and
incompetence on the bench” (Basic Books, 1998). In the words of Max Boot,
“Anyone who wants decent democratic Government ought to be concerned about
judges who misbehave or exceed their authority or issue unjust decisions”.
Society feels when innocents are jailed and criminals bailed or acquitted.
Exposure is the first step towards any improvement and radical reformation and
sunlight the best disinfectant. Hence this letter. One may or may not agree
that Judge Jeyapaul acted in a manner similar to General O’dyer, but Judge
Jeyapaul is a condemned judge in social media and no judgment can change this
fact. Social media is Indian form of jury of developed legal system of western
countries. It is voice of people. Conscientious people take it seriously, apply
common sense and then make amends and improvements.
4. I,
Balwinder S Dheeman S/o Mehar Singh, have no relations and, or interests in the
said Baba, Ashram and no concerns on how the judiciary and investigating
agencies deal with the real culprits, but I also condemn the illogical and
unjustified orders which caused death or murder of 6 innocent people and shame
on such a judge.
For your kind information and necessary
action.
Sincerely yours,
(Balwinder Singh)
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