WP 40994/2002 Karnataka High Court Order on 23/08/2013

High Court of Karnataka
Daily Orders of the Case Number :
WP  40994/2002 for the date of order 23/08/2013

Honble Justice RAM MOHAN REDDY & H.BILLAPPA 23/08/2013 Order in WP  40994/2002 23/08/2013 C.C.C.NO.87/2004 c/w. W.P.NOS.40994/2002, 13261/2006 & 7105/2007. In the order dated 26.4.2013, it is noticed that, one Kempathimmaiah, Sheristhedar of the City Civil Court also an ex-office bearer of the fourth respondent  Society, while as a Director, secured allotment of site measuring 40 feet x 50 feet (should be read as 40 feet x 60 feet) in favour of his wife Smt.Ranjini (to be read as Rajini though in the sale deed dated 13th July 1998, it is mentioned as Smt.Rajani, an associate member of the society. In compliance with the order dated 26.4.2013, that Kempathimmaiah has filed an affidavit along with three documents as enclosures, admitting the fact of allotment of a site in favour of his wife and the subsequent conveyance of the said site under the registered sale deed way back in the year 1998 for a valuable consideration and that the wife of the deponent is willing to deposit the sale consideration and if permitted, minus Rs.61,598/- paid to the society. Learned Senior Counsel for the deponent submits that the affidavit be accepted and directions be issued as regards the deposit of the sale consideration. In the circumstances, we think it appropriate to defer orders on the request made in the said affidavit. Sri.Subramanya Jois, learned Senior Counsel files a memo dated 23.8.2013 indicating that the Society has always been ready and willing to hand over the sites as indicated in the earlier memo dated 5.4.2013, which includes sites indicated in Block Nos.1 to 7 in the map annexed thereto. However, due to certain difficulties faced in the form of litigation pending before court and also interim orders of injunction operating, learned senior counsel submits, on instructions from the President, who is present before court, that such of those sites, which are not subject to litigation and are freehold, would be handed over to the B.B.M.P. by making out a list at the first instance and furnishing the same to the learned Counsel for the B.B.M.P. and thereafterwards complete and conclude the process of delivery of possession by execution of necessary instruments of release-cum-relinquishment. As regards the properties over which disputes are pending, learned Senior Counsel submits that a list would be prepared and made available to the court furnishing all material particulars. We think it appropriate to relist these petitions on 20th September 2013.

MEMO dated 24 August, 2013 in C.C.NO.6711 OF 2012; to make an Early Order & Report

IN THE COURT OF VIII-A.C.M.M., AT BANGALORE

C.C.NO.6711 OF 2012

BETWEEN:

THE STATE

BY VIDHANA SOUDHA POLICE                  ..  COMPLAINANT
A N D :

SRI DIGVIJAY  MOTE                                  ..ACCUSED APPLICANT in Person

M E M O

The Accused Applicant in Person herein submits as under:

[1]                  The Complainant has filed the Charge Sheet against the Accused in the above case for the alleged offences punishable under Sections-341, 504 and 506 of Indian Penal Code, The gist of the allegations made against the Accused in the Charge Sheet is that the Accused from 26-10-2011 onwards till 29-10-2011 got printed pamphlets containing contaimnatious  matters against judges in and around Lokayukta office in M.S. Building, which is   150 feet from Vidhana Soudha Police Station and circulating the same to the public moving on the roadside, besides making a telephone call on 29-10-2011 at 05-10 pm through mobile No.98866-19410 to the Fax No.2225-0222 of Lokayuktha and made a statement in foul language that all judges are corrupt and threatened to propagate the same and obstruct the work and also found that the social network making insulting statements and published the same.  Subsequent to filing of the charge sheet this Hon’ble Court had framed charges against the Accused and read out the same on 06-06-2012.  The charges so framed were cancelled by the same  Presiding Officer i.e., Sri Patil Nagalingana Gowda.  Copy of the charges framed and cancelled is reproduced at tail end of this Memo for ready reference.

[2 ]                 That on 31-07-2013 the Accused has filed an application under Section-479 read with Section-407 of the Criminal Procedure Code to make a report to the Hon’ble High Court of Karnataka so as to transfer the above case i.e., C.C 6711/2012.  The said application was filed by the Accused in person who is not legally trained.  The wording used in the said application as ‘transferred’ may be read as ‘for making a report to the Hon’ble High Court of Karnataka’ so as ‘to cause transfer of the above case to the Hon’ble High Court of Karnataka to deal with the same in accordance with law’.  A copy of the application filed by him was served on the Public Prosecutor under acknowledgment on that date before presenting the same to this court.  On filing of the said application this Hon’ble Court instead of making a report on the same day called for objections from the Public Prosecutor by giving a long date by adjourning the case to 24-08-2013 thereby “unnecessarily postponing bringing the real culprits to the book whose names and crimes committed by them is specified in the application dated 31-07-2013 itself”.  In these circumstances the Accused with all seriousness filing this memo requesting this Hon’ble Court to make report to the Hon’ble High Court to cause transfer of the above case without any further delay.

[3]       The said C.C.NO.6711 OF 2012came to be filed based on ILLEGIBLE complaint with CORRUPT MOTIVE to POSTPONE registration of F.I.R, ARREST & JAILING of PROVEN 867 JUDGES & LOKAYUKTAS by Karnataka Police; of which evidences are WELL WITHIN the CUPBOARDS of Complaint’s Office of LOKAYUKTA viz., suo moto investigations in Re.  COMPT/UPLOK/BCD/64/1999, COMPT/UPLOK/BCD/125/2000 & COMPT/UPLOK/BCD.164/2000-01 against “Karnataka State Judicial Department Employees House building Cooperative Society, Karnataka High Court, Bangalore & its members numbering more than 4500 Plus of whom 867 Judges & Lokayuktas etc., are active players whose names & crimes are enumerated in Applicant’s Application dated 31/7/2013 u/s 479 r/w 407 of Cr.P.C”.

[4]           Inter alia many Officers in Police , Lokayukta, ACMM-VIII court, informed / alerted  that the then Police Commissioner Mr. Jyothi Prakash Mirji, presently officiating as Home Secretary in Vidhan Soudha, Bangalore to protect his cronies amongst 867 Judges & Lokayuktas including the  then SPP Chandramouli, present SPP Doreraju, directed I.O to get me arrested & case be booked, get search & seizure warrant of my office with  perverted investigations; despite there being dissidence within Police  investigating agencies, it is learnt.

That few Police officers who were dealing with Complaint were against my arrest. That the evidences produced by Complainant produced against me are “against Lokayukta itself” ; as they were of opinion that mentions of “Crimes of  867 JUDGES & LOKAYUKTAS; and  evidences therefor are WELL WITHIN the CUPBOARDS of Complaint’s Office of LOKAYUKTA viz., COMPT/UPLOK/BCD/64/1999 , COMPT/UPLOK/BCD/125/2000 & COMPT/UPLOK/BCD.164/2000-01”. This information is prudent as  in Charge sheet at pages 09, 11, 12, 14-15, 16 of evidences mention  of  COMPT/UPLOK/BCD/64/1999. Also At page 12, is very clear that my family was arrested on false complaint by N.Venkatachala in 2004, C.C. No. 8838/2005, gist  speaks thus:-     “Lokayukta prosecutes Digvijay Mote & Family, founders of “Centre for Investigation & Prosecution of Corrupt Judges of India. Owners of universally unique website by a family viz., http://www.judgesplot.4plot.com & www.indiancorruptjudges.com … “Remove Venkatachala or close Ant-Corruption Bureau” , “This has resulted in intentional insult to the Hon’ble Lokayukta” , “Scandalous statements against the Lokayukta,, High Court Judges & Several Supreme Court Judges” .

[5]                  It is pertinent to mention in this context the written complaint against Lokayukta of and against Complaint No.COMPT/UPLOK/BCD/64/1999 COMPT/UPLOK/BCD/125/2000 & COMPT/UPLOK/BCD.164/2000-01,  on behalf of “Centre for Investigation and prosecution of corrupt judges of India” on 20th August, 2004 was made to the Department of Personnel and Administrative Reforms, Government of Karnataka, Vidhana Soudha, Bangalore-560-001 against the ‘Lokayuktha Institutional Corruption’ supported by E-Book of 510 MB in compact disc (CD) with ‘names and crimes committed by about 1,000 judges’, the details of which are available in the website www.judgesplot4plot.com & http://www.indiancorruptjudges. com.  A similar complaint was also filed against ‘Lokayukta Institutional Corruption’ to the Home Department of Karnataka Government, Vidhana Soudha, Bangalore-560 001 enclosing E-Book as mentioned above. Government’s acknowledgements to the said two complaints are reproduced at the tail end of this Memo for ready reference.  Significantly the Principal Secretary to Government, Department of Personnel and Administrative Reforms, Vidhana Soudha, Bangalore-560 001 has addressed a letter in Kannada language  vide reference No. C.AA.SU.E. 78 SAY.LO.U 2012            informing that investigation on the above said complaint i.e., Upalokayuktha, G.P.Shiva Prakash suo-motu commenced investigations vide Complaint No.COMPT/UPLOK/BCD/64/1999 ON 04-12-1999 against Sri Shivalingaiah, President, Karnataka State Judicial Department Employees House building Cooperative Society, Bangalore under heading  “irregularities, nepotism and corrupt activities in allotment of sites” was stopped and case was closed.  A copy of the written communication is reproduced at the tail end of this Memo for ready reference.

[6] In addition to the suo-motu investigation initiated by the Upalokayuktha against said Society another suo-motu investigation was initiated in the year 2000 in No.COMPT/ UPLOK/BCD/125/2000 regarding “violation of rules in allotment of sites in Karnataka State Judicial Department Employees House Building Cooperative Society Limited, High Court Building, Bangalore”.  The second suo-motu action initiated by Upa Lokayuktha was also closed on 13-03-2002 as per the print out taken from the website of Lokayuktha and reproduced at the tail end of this Memo; for ready reference of Court.

[7]    Furher more the  Upa Lokayukta directed to “draw up separate proceedings as regards “Illegally forming sites in un-acquired lands without ownership” vide paragraphs of 160 to 166 of File Notings of Upa Lokayukta in COMPT/UPLOK/BCD/64/1999 which runs into about 90 pages is available at

https://jailcorrupt867judges.wordpress.com/wp-content/uploads/2012/11/rt-lok-1of10-uplok-notes-file-90pgs-25mb-28-11-12.pdf
https://jailcorrupt867judges.wordpress.com/data/

https://jailcorrupt867judges.wordpress.com/j-gps/

[8]   “The Home Department, Government of Karnataka, Department of Personnel and Administrative Reforms which is nodal Department to look after appointment of Lokayuktas & Upa Lokayuktas, Karnataka Lokayuktha and Judges across India coveted with  high powerful constitutional positions appointed under the warrant of His Excellency, the Hon’ble President of India whose names & Constitutional positions detailed at pages No. 9 and 10 of the charge sheet are all hand in glove working unitedly with this ACMM-VIII Court to see that TRUTH is PUSHED under CARPET and their ARREST & JAILING is SOMEHOW POSTPONED” is  injurious to the Development of Nation, Indian Judiciary, Indian Judicial Independence. Applicant’s aim is to  Liberate of Karnataka Judiciary from the Clutches of Karnataka Chief Minister. But present actions are contrary to Public Interest and to the Accused “thereby denying fair trial against real culprits” and “ trial against the accused stands proved of being unfair, motivated with corrupt, criminal motives and criminal designs contrary to criminal Jurisprudence” whereby failing to find out the TRUTH by this Court in 2004 case trial & present case; thereby putting High Court. B.D.A., Lokayukta, Urban Development, Bruhat  Bangalore Mahanagar Palike etc., in deep difficulty since two long decades or 20 years  “searching for B.D.A Layout Plan deemed to have been approved by Bangalore Development authority;based on which basis Karnataka State Judicial Department Employees House Building Co-operative Society has secure has registered nearly 2,400 sale deeds formed in in un-known extent of lands i.e., 17 Acres or 139 Acres or 156 acres 193 acres or 181 acres! The members of Employees Housing Society numbering 4,500 plus have secured few Judgments by fraud, as enumerated in my Application dated 31 July, 2013.

[9]    When REAL FACTS are being presented by this Accused Applicant, all the above mentioned Public Authorities including Karnataka police unitedly trying to DESTROY INDIAN DEMOCRACY in a very schematic way. Accused is pained to SEE 867 JUDGES & LOKAYUKTAS FALLING to FEET of CHIEF MINISTER to ROB ILLEGALLY & FRAUDULENTLY secure possession of 139 ACRES on 13 Nov, 1992, getting ILLEGALLY Layout Plan approved on 16th Nov, 1992 based on 6th Nov, 1992 letter on which day said Society was not in posession of ONE SQUARE INCH OF LAND! Thereby LOOSING JUDICIAL INDEPENDENCE, which details is is mentioned in my Application of 31st July, 2013 at paras 21 to 40.

[10]    Applicant is of strong opinion that such collusion of High Court, Lokayukta with Government departments is anathema in Judicial History; and contrary to aims and Objectives of Karnataka high Court i.e., DISPENSATION OF JUSTICE and LOOSING PEOPLES” CONFIDENCE in JUDICIAL INSTITUTIONS . Such collusion has deprived of “Forefeiture of Illegally acquired Lands of 193 Acres, Return of such lands to to its land owners. It has resulted in  failure if not Collapse of Justice system and morefully CRIMINAL JUSTICE SYSTEM”; whereby India’s name is growing in  height amongst world nations as MOST FAVORED CORRUPT NATION, applicant feels ashamed of.
[11] Applicant Accused produces below ‘Panel of Arbitrators and Conciliators’ for Arbitration per http://www.arbitrationcentreblr.org/ which states thus:

The Centre has a panel of Arbitrators which consists of eminent former Judges of Supreme Court of India, various State High Courts, international jurists, retired Judicial Officers and Advocates having expertise in various fields of law.

1          Shri Justice Rajendra Babu      Former Chief Justice, Supreme Court of India

2          Shri Justice N Venkatachala     Former Judge, Supreme Court of India

3          Shri Justice Shivaraj V Patil                -do-

4          Shri Justice R V Raveendran    –             do-

5          Shri Justice P Venkatarama Reddi        -do-

6          Shri Justice Cyriac Joseph                      -do-

7          Shri Justice Deepak Verma                    -do-

8          Shri Justice K A Swami,           Former Chief Justice, Madras High Court

9          Shri Justice U L Bhatt  Former Chief Justice, Gauhati High Court

10        Naadoja Dr Justice S R Nayak,  Former Chief Justice, Chhatthisgar High Court

11        Shri Justice S R Bannurmath   Former Chief Justice, Kerala High Court

12        Shri Justice N K Sodhi, Former Chief Justice, Karnataka High Court

13        Shri Justice Kumar Rajaratnam,Former Chief Justice, Madhya Pradesh High Court

14        Shri Justice P P Bopanna         Former Judge, Karnataka High Court

15        Shri Justice S R Rajashekar Murthy                   -do-

16        Shri Justice K S Puttaswamy                    -do-

17        Shri Justice N D Venkatesh                     -do-

18        Shri Justice D P Hiremath                                   -do-

19        Shri Justice B N Krishnan                                   -do-

20        Shri Justice A B Murgod                         -do-

21        Shri Justice R Ramakrishna                    -do-

22        Shri Justice S Venkataraman                   -do-

23        Shri Justice L Sreenivasa Reddy               -do-

24        Shri Justice A J Sadashiva                                  -do-

25        Shri Justice T J Chouta                                       -do-

26        Shri Justice B N Mallikarjuna                 -do-

27        Shri Justice G Patri Basavana Goud                   -do-

28        Shri Justice Mohammed Anwar                     -do-

29        Shri Justice H N Narayan                           -do-

30        Shri Justice M P Chinnappa                    -do-

31        Shri Justice H Rangavittalachar                          -do-

32        Shri Justice Chandrashekaraiah                                      -do-

33        Shri Justice A V Shrinivasa Reddy                      -do-

34        Shri Justice P Vishwantha Shetty            -do-

35        Shri Justice B Padmaraj                               -do-

36        Shri Justice R Gururajan                           -do-

37        Shri Justice V Jagannathan                     -do-

38        Shri Justice Ajit J Gunjal                           -do-

39        Shri S.Siddalingesh                   Retired District Judge

40        Shri Syed Nisar Ahmed                        -do-

41        Shri N.Narayan                                     -do-

42        Shri S.D.Parmaj                               -do-

43        Shri T.Prabhakaran Nambiar           -do-

44        Shri Subhash T. Gogi                            -do-

45        Shri A. Mohan Ram                  District Judge

46        Shri K. Sathyamurthy Holla         -do-

47        Shri K.N. Nagendra Kumar            -do-

48        Shri M.S.Evani                            District Judge

49        Shri M.K. Shripathi                    -do-

50        Shri Javid Pasha                       -do-

51        Shri S.B. Chanal                         -do-

52        Shri N.S. Sangoli                       -do-

53        Shri Sosale Indudhara        -do-

54        Shri. Basavantharaya Patil             District Judge

55        Shri S.N.Kempagoudar     -do-

56        Shri S.C. Ingalagi                       -do-

57        Shri K.L.Anantha Raman             -do-

58        Shri Manikappa Patil          -do-

59        Shri C.S.Malagi                           -do-

60        Shri Rama Rao Kulkarni       -do-

61        Shri I.S.Antin                 -do-

62        Shri Ashok. L Pujar                  -do-

63        Shri Kukkaje Ramakrishna Bhat  -do-

64        Shri B.M. Mallikrjunaiah         -do-

65        Shri J.V.Angadi Hiremath        -do-

66        Shri Basavaraj Shivappa Tadahal  -do-

67        Shri V.N.Ravindra                             -do-

68        Shri V.P. Jahagirdar     -do-

69        Shri D. Krishnappa      -do-

70        Shri H.V.Ramachandra Rao     -do-

71        Shri M.S.Natrajamurthy          -do-

72        Shri G.Raghavendra Rao         -do-

73        Shri K Nagayya Shetty            -do-

74        Shri K.V. Govinda Raju           -do-

75        Shri K.Ishwar Bhat      -do-

76        Shri B.S.Jai Parameshwar        -do-

77        Shri S.Rama Murthy    -do-

78        Shri. H.M.Bharthesh    -do-

79        Dr.S.B.N.Prakash         -do-

80        Shri H.R. Sudheer        -do-

81        Smt K.Sukanya            -do-

82        Shri N.Prahaladacharya           -do-

http://www.arbitrationcentreblr.org/Panel_of_%20Arbitrators.html
Per list 90% of arbitrators, as per Applicant’s knowledge are members of said Housing Society and accused of various crimes punishable to more than twenty years / more under IPC Chapters  IX, X, XI, XIV, XVI, XVII, XVIII, XIX, r/w Section 34, Prevention of Corruption Act,  The Goonda & Slum Grabbers Act and their all properties being attached; is mentioned in detail in  my Application dated 31st July, 2013.
This court by delaying in ‘passing an Order for Transfer has allowed many persons to illegally getting to arbiter; who infact must have been languishing in Jail since 1999-2000; when Upa Lokayukta came to know the CRIMES.
To avoid the avoidable decisions by such proven criminals, Applicant appeals this  Court to pass an early Order. So that persons who come to www.arbitrationcentreblr.org get fair “Conciliation & arbitration from persons with integrity of both MORAL & LEGAL STANDII”.
[ 12 ]         This court has failed to find the truth in 2004 case against by & between same parties, same cause of action viz., “Digvijay Mote & Family reporting in public domain of SKULLS & SKELETONS HIDDEN in the LOKAYUKTA CUPBOARDS of 867 JUDGES & LOKAYUKTAS in suo moto investigations registered & closed vide   COMPT/UPLOK/BCD/64/1999 on  04-12-1999, COMPT/ UPLOK/BCD/125/2000 etc.,  in  the website http://www.judgesplot4plot.com & http://www.indiancorruptjudges.com “  , Complainat Lokayukta , Vidhana sodha Police, ACMM-VIII Court. In the present case , the Court has lost both MORALITY & LEGALITY, to proceed further against accused. The only recource remaining is to pass an early Order making over the case to Hon’ble High Court.

[13 ]                Out of 4600 plus members of Judicial Department Employees HBCS;  169  Court Officers, holding influencial offices in Karnataka Judiciary  becoming members of said Society who have, had and are  played / playing / going-to-play active role in securing Judgments fraudulently listed below  :-
During the 24 days from this Applicant’s application u/s 407 dated 31st July 2013,  could sort out few more names of perpetrators of crimes holding influencial posts within Karnataka Judiciary say 169  Court Officers, holding then while becoming members of said Society who had played active role in securing Judgments fraudulently  from Karnataka High Court and Lower Courts, came to the knowlegde of Upa Lokayukta in its investigations vide UPLOK/BCD/64/1999 , but “THE SKULLS & SKELETONS G.P. Shivaprakash Chose to preserve in ALMIRAH of ARCHIVES in Lokayukta Office”.

The following names of members may be considered as part & parcel of my application dated 31st July, 2013.

This list read with  my application dated 31st July, 2013 shows that this Court ACMM-VIII is DISABLED to conduct the proceedings further as this Court has lost MORALITY & Legality, apart from Confidence of the accused. The following is the list of Court Officers/ public servants / peons spread across Karnataka various Courts who are also found to have committed grave crimes:-

1.  N. Sundar Raju, SLF No. 0010, [Pg No.001] . Section  Officer, High Court of Karnataka. Bangalore -560 001.
2. A. Muniappa,SLF No. 0011, [Pg No.001]. Court Officer, High Court of Karnataka. Bangalore -560 001. .
3. N.J. Gonsalves, SLF No. 0012, [Pg No.001], J.W [Retd], No. 119, Dasappa Building, Ist Cross,  Ejipura Main Road, Vivek Nagar, Bangalore
4. R. Venkoba Rao, 74/C. 8th Main Road, Shivanahally, Rajainagar,    Bangalore-560010. SLF No. 0013,
5.  R. Srinivasa, Section Officer, High Court of Karnataka. Bangalore   -560 001. SLF No. 0015, [Pg No.002].
6. S. Raghvan, Assistant Registrar, [Retd], 23, Old No. 12, 9th Cross, Swimming Pool Extension, Malleshwaram, Bangalore-560 003. SLF No. 0018, [Pg No.002]
7. K. Pushpalata Kumari, Section Officer, High Court of Karnataka. Bangalore -560 001. SLF No. 0019, [Pg No.002].
8. S. Chandrashekhar, Section Officer, High Court of Karnataka.  Bangalore -560 001.SLF No. 0020, [Pg No.002]
9. P.M. Ananda Krishna Setty, Assistant Registrar, High Court of Karnataka. Bangalore -560 001. SLF No. 0021, [Pg No.002]
10. N. Jayaram, Attender, High Court of Karnataka. Bangalore -560 001. SLF No. 0022, [Pg No.002] .
11. Mukta Bai, Section Officer, High Court of Karnataka. Bangalore -560 001.SLF No. 0023, [Pg No.002].
12. B.S. Tulasi Shuhasini, Senior Assistant, High Court of Karnataka.  Bangalore -560 001. SLF No. 0024, [Pg No.002] .
13. C.R. Srinivasrao, Court Officer [Retired], No. 54, IV Main Road, Chamraj Peth, Bangalore . SLF No. 0025, [Pg No.002] .
14. R. Venkatachaliaha, Court Officer, High Court of Karnataka.   Bangalore -560 001. SLF No. 0026, [Pg No.002] .
15. Malliaha, Court Officer, High Court of Karnataka. Bangalore -560 001. SLF No. 0027, [Pg No.002] .
16. B.B. Bandiwaddar, Court Officer, High Court of Karnataka. Bangalore  -560 001. SLF No. 0028, [Pg No.002].
17. N. Muddukrishna Shahstry, Court Officer, High Court of Karnataka.  Bangalore -560 001. SLF No. 0029, [Pg No.002] .
18. T. Gopal, Section Officer, High Court of Karnataka. Bangalore -560   001.SLF No. 0030, [Pg No.002].
19. C. Veerabhadrappa, High Court of Karnataka. Bangalore -560 001.SLF No. 0031, [Pg No.002].
20. S. Satharthi, Senior Judgment Writer,  High Court of Karnataka.   Bangalore -560 001. SLF No. 0032, [Pg No.002] .
21. A.N. Balasubramanya,, Senior Judgment Writer, High Court of  Karnataka. Bangalore -560 001. SLF No. 0033, [Pg No.003].
22. T.A. Verhese, Assistant Registrar, High Court of Karnataka.  Bangalore -560 001. SLF No. 0034, [Pg No.003] .
23. K.V. Venkatesh, Section Officer, High Court of Karnataka. Bangalore   -560 001. SLF No. 0035, [Pg No.003].
24. S. Devaraju, Section Officer, High Court of Karnataka. Bangalore  -560 001. SLF No. 0036, [Pg No.003].
25. V.K. Hasyagar, Senior Assistant,  High Court of Karnataka. Bangalore   -560 001. SLF No. 0037, [Pg No.003] .
26. Jagadeesh S Hiremath, Court Officer,  High Court of Karnataka.  Bangalore -560 001. SLF No. 0038, [Pg No.003] .
27. C.S. Krishnamurthy , Senior Assistant, High Court of Karnataka.  Bangalore -560 001. SLF No. 0040, [Pg No.003] .
28. N. Channabassappa, Section Officer, High Court of Karnataka. Bangalore -560 001. SLF No. 0042, [Pg No.003] .
29. K.M. Siddamallappa, Senior Judgment Writer, High Court of Karnataka.  Bangalore -560 001. SLF No. .0043, [Pg No.003] .
30. B Alice D’soza, Deputy Registrar, High Court of Karnataka. Bangalore  -560 001. SLF No. 0044, [Pg No.003].
31. C. Shanta Kumari, Senior Judgment Writer, High Court of Karnataka. Bangalore -560 001. SLF No. 0045, [Pg No.003] .
32. G. Mahadevprasad, Typist,  High Court of Karnataka. Bangalore -560  001.SLF No. 0046, [Pg No.003].
33. Y.C. Bhujbaliaha, Court Officer,  High Court of Karnataka. Bangalore   -560 001. SLF No. 0047, [Pg No.003].
34. M. Ganapiaha Shetty, Senior Assistant, High Court of Karnataka.   Bangalore -560 001. SLF No. 0048, [Pg No.003] .
35. S.B. Albal, Section Officer, High Court of Karnataka. Bangalore -560  001.SLF No. 0049, [Pg No.003].
36. R. Venkatesh, Peon, High Court of Karnataka. Bangalore -560 001.SLF No. 0050, [Pg No.003] .
37. G. Gurappa, Assistant Registrar, High Court of Karnataka. Bangalore  -560 001. SLF No. 0051, [Pg No.004].
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[ 14]       Few Good and bad developments within 24 long days of giving P.P to file objections, which are copied from Applicant’s Facebook Social Network https://www.facebook.com/digvijay.mote are below:-

    [i] The Hon’ble  Chief Justice Of India on Corruption:-
………….. Updated: August 20, 2013 18:11 IST
FB 576:CJI concerned over decline in reputation of judiciary:- Justice Sathasivam said the judiciary was perhaps the country’s most respected institution. The public esteem and credibility it enjoyed deserved to be cherished and preserved. However, there was unfortunately a growing crisis within it. ………………..Chief Justice of India P. Sathasivam on Tuesday expressed concern over the steady decline in the reputation of the judiciary and legal profession.

Justice Sathasivam said the judiciary was perhaps the country’s most respected institution. The public esteem and credibility it enjoyed deserved to be cherished and preserved. However, there was unfortunately a growing crisis within it.

“The manifestation of this crisis lies not only in the ever increasing arrears of cases in courts and the consequent delays in our justice delivery system, but also in the steady decline in the reputation of the judiciary as also of legal profession. This institution unlike other institutions in the democratic setup thrives only on the trust and confidence reposed by the people,” he said.

The CJI said, though the people do not elect the members of judiciary, judges and advocates were ultimately accountable to the people. The justice system was the principal instrumentality in satisfying the undertakings in the Constitution. “Therefore we, the sentinels of the judiciary, must strive to ensure to the litigants easy access to the court.”

Justice Sathasivam said the judiciary was viewed as a shield for the common man against abuse of power and arbitrariness. Observing that the working of the judiciary had a profound effect on the administration of the country as a whole, both lawyers and judges should be more mindful of their acts.

………….. Updated: August 20, 2013 18:11 IST

http://www.thehindu.com/news/national/cji-concerned-over-decline-in-reputation-of-judiciary/article5041810.ece

   [ii] The Judge’s ‘pal’ lawyer ends up red faced:-
FB 582: Gandhis’ India; What is Impossible Else where; is Possible in India;-
Judge’s “Pal” lawyer ends up red-faced:- “You should have mentioned ‘religion’ instead of ‘community’ and could have gone to Pakistan to practice instead.” “The judge refuted his argument and claimed, “I have not seen more notorious advocate.”.

An advocate’s memo to have his cases moved to a different judge of the High Court resulted in a humourous situation in the court on Wednesday.

Advocate Harish Kumar claimed that he knew the judge of his current case for 20 years. He also stated that they were friends as they are from the same community and he had met him in his office. Hence he filed a memo before High Court Registrar (Judicial) stating that his case should not be placed before his ‘friend’ Justice N Ananda. However, he did not receive much of a ‘friendly’ response from his ‘chum’.

During the hearing, a bemused Justice Ananda read out the memo. He told him Harish Kumar, “You have not even spelt my name correctly.” He quipped, “You should have also written, ‘I do not want to see his (Justice Ananda’s) face.’ When I was an advocate I had an office in Cubbonpet and I met lawyers there. That does not make them my friends. I will have to walk in a burqa otherwise.”

He took objection to the advocate mentioning the ‘community’ in his memo. Justice Ananda said, “What makes it special if two people belong to a particular community?” He sarcastically added, “You should have mentioned ‘religion’ instead of ‘community’ and could have gone to Pakistan to practice instead.”

At one point, Justice Ananda strongly criticised Harish Kumar for his action. He said, “Your conduct is despicable and defiles professional ethics.”

The court ordered that the memo amounted to contempt. But since Harish Kumar tendered an apology, Justice Ananda did not refer it to the chief justice for initiating contempt proceedings.

Harish Kumar was representing a 26-year-old man who allegedly killed his 20-day-old daughter. His wife alleged that her husband was upset over having a daughter and had poisoned her.

Harish Kumar, on behalf of his client, questioned her credibility. The judge refuted his argument and claimed, “I have not seen more notorious advocate.”

Dismissing the bail plea, the judge, in his order, said, “Infanticide is a very heinous offence. Your client may get death penalty.”

Your conduct is despicable and defies professional ethics. I have not seen a more notorious advocate   …. JUSTICE ANANDA

. Posted On Thursday, August 22, 2013 at 01:08:30 AM..Today: Thu, Aug 22, 2013 …….http://www.bangaloremirror.com/article/10/2013082220130822010912137c48204d5/Judge’s-‘pal’-lawyer-ends-up-redfaced.html
   [iii] FB 587-B:- Why not jail BDA commissioner: HC:- .Bangalore, Aug 19, 2013, DHNS:Bangalore, Aug 19, 2013, DHNS:

The High Court asked the State on Monday why the Bangalore Development Authority (BDA) Commissioner, Shyam Bhat, should not be jailed for not complying with the court’s orders.

Justice Ram Mohan Reddy asked the counsel representing the BDA why the commissioner had failed to comply with the court’s orders and the resolution while acquiring land for forming a layout at Talaghattapura in Banashankari 6th Stage. Justice Reddy said that BDA was deliberately showing non-compliance with the court’s orders and that it was not the first time.

Bhat appeared before the court during the hearing. Lakshmamma, the petitioner, had questioned the BDA’s acquisition of her one acre and five guntas of land although the agency had deleted the land acquired surrounding her property. She sought to know why her property was not dropped from acquisition proceedings.

Justice Reddy sought information on the BDA layout plan in Banashankari 6th Stage, the total area acquired and the area deleted from acquisition. The matter would be heard again on August 26.

http://www.deccanherald.com/content/352145/why-not-jail-bda-commissioner.html  .

[ iv ]      FB 580-B: Musharraf indicted in Bhutto murder case:- “He was charged with murder, criminal conspiracy for murder and facilitation for murder,” public prosecutor Chaudhry Azhar said at the anti-terrorism court in Rawalpindi hearing the case on Tuesday.

…………..Pervez Musharraf, Pakistan’s former military ruler, has been charged with murder of former Prime Minister Benazir Bhutto, who died in a gun and bomb attack in December 2007, court officials say.

The case of Bhutto’s murder is one of several that Musharraf is facing since his return from self-imposed exile earlier this year.

“He was charged with murder, criminal conspiracy for murder and facilitation for murder,” public prosecutor Chaudhry Azhar said at the anti-terrorism court in Rawalpindi hearing the case on Tuesday.

Musharraf, 69, who attended court proceedings amid high security, denied the charges and the case was adjourned until August 27.

Six other people, including two senior police officers, are also facing charges in the case.

Bringing charges against a former army chief is an unprecedented move in a country ruled for more than half of its history by the military.

The decision by a court in Rawalpindi marks the first time Musharraf, or any former army chief in Pakistan, has been charged with a crime.

Musharraf seized power in a bloodless coup in 1999, and was forced out by a democratically elected government in 2008.

He has been under house arrest at his villa on the edge of the capital Islamabad since April 19, when he returned ahead of a general election to begin campaigning for his All Pakistan Muslim League (APML) party.

Musharraf’s legal team dismissed Tuesday’s indictment.

“These charges are baseless. We are not afraid of the proceedings. We will follow legal procedures in the court,” his lawyer Syeda Afshan Adil said.

Tight security

A large contingent of security forces guarded the area around the court in Rawalpindi, the city where Bhutto was killed while leaving a public rally on December 27, 2007, with roads sealed off for Musharraf’s appearance.

Court proceedings have been taking place under tight security [AFP]

“He was brought to the courts under very tight security because of the threats from the Tehreek-e-Taliban Pakistan to his life, and then he was immediately rushed back to his farm house, which has been turned into a sub-jail,” reported Al Jazeera’s Kamal Hyder in Islamabad.

Other officials linked to the case have also come under threat, with Chaudhry Zulfiqar Ali, the previous special public prosecutor in the case, being shot dead by unidentified gunmen on May 3.

Bhutto, twice elected Prime Minister of Pakistan, was assassinated in a gun and bomb attack after campaigning for elections that were won by her Pakistan People’s Party in February 2008.

Musharraf’s government blamed the assassination on then Tehreek-e-Taliban Pakistan chief Baitullah Mehsud, who denied any involvement. Mehsud was killed in a US drone attack in 2009.

The new government headed by Nawaz Sharif, whom Musharraf deposed in 1999, has said he should stand trial for treason for subverting the constitution and has appointed a committee to investigate him.

The offence carries the death penalty or life imprisonment.

Musharraf was arrested after returning from exile to stand in the May elections won by Sharif. He was barred from running for parliament because of the legal allegations against him.

He is also wanted over the death of Baloch rebel leader Nawab Akbar Bugti during a military operation in 2006.

Amnesty International has demanded that Pakistan hold Musharraf accountable for all rights violations committed during his rule.

http://www.aljazeera.com/news/asia/2013/08/20138204584024869.html
[  v]       FB 578: ElBaradei faces charges over ‘breaching national trust’:- “ElBaradei was not selected as vice president for his person, but as a representative of the National Salvation Front and revolutionary forces,” and that he had resigned without consulting with those he represented, Ateeq said.

………………..Cairo: Nobel laureate Mohamed ElBaradei, who recently quit as Egypt’s interim vice president and left the country in the face of deadly crackdown on the Muslim Brotherhood supporters by military-led government, may face charges of “breaching national trust” in a court in Cairo.

The Nasr City misdemeanour court today decided that on September 19 it will consider the case filed against ElBaradei for “betraying” the public by resigning on August 14, a charge that could carry an USD 1,430 fine if he is convicted.

The case, filed by Sayed Ateeq, head of the Criminal Law Department at Helwan University’s Faculty of Law, charges 71-year-old ElBaradei with breach of “national trust”, state-run Al-Ahram Online reported.

According to Ateeq, ElBaradei had not presented to the government, the presidency or the revolutionary forces any other alternatives to dispersing the sit-ins, as well as disregarded the “terrorist crimes” committed by Brotherhood.

He charged that ElBaradei’s resignation created an impression to the global community that the Egyptian government used excessive force in dispersing the sit-ins by Brotherhood supporters who have been protesting against ouster of Islamist president Mohammed Morsi on July 3 by the army.

“ElBaradei was not selected as vice president for his person, but as a representative of the National Salvation Front and revolutionary forces,” and that he had resigned without consulting with those he represented, Ateeq said.

ElBaradei, a former chief of International Atomic Energy Agency, is currently in Austria with his family after leaving Egypt last week.

…. Last Updated: Tuesday, August 20, 2013, 21:16

http://zeenews.india.com/news/world/elbaradei-faces-charges-over-breaching-national-trust_870415.html

[ vi  ]     FB 574: Why Sensex, Rupee are crashing & likely to fall to Rs. 75 by Oct 2nd Mahatma Gandhi Birth Anniversary:as Foreign Investors & Markets have lost faith in INDIAN JUDICIARY, Government & Criminal Justice System:- India where 867 Judges in one Land Deal abuse Judicial process for personal illegal enrichment; how Foreigners can be assured of Indian Justice System. Worst the Government & Police collude with Corrupt Judges & Lokayukta. https://jailcorrupt867judges.wordpress.com/2013/08/11/para-50-b/
[ vii ]  FB 575:Judges and advocates accountable to people, Chief Justice of India says:- CHENNAI: Though people do not elect judges and advocates, the two are answerable and accountable to the public, said Chief Justice of India P Sathasivam on Tuesday. The judiciary is enjoying enormous public confidence and trust, and hence advocates and judges must conduct themselves in a befitting manner, he said

Inaugurating the Rs 4.2-crore Alternative Disputes Redressal (ADR) Centre, in the presence of Tamil Nadu chief minister J Jayalalithaa, Justice Sathasivam further said the judiciary must ensure easy access to justice and guarantee early finality of disputes to the litigant-public.

After assuming office about six weeks ago, he had sent three letters to the chief justice of various high court’s, he said, adding that preference in judicial appointments would be given to women candidates and those from backward, SC and ST communities, besides minorities. How relaxation in criteria should be fixed too has been indicated to them, Justice Sathasivam said.

The views of the state government and the Central government with regard to the candidates suggested for being appointed as judges would be given due consideration, he said.

Chief minister Jayalalithaa made an announcement of sorts when she said acting Chief Justice R K Agrawal would soon be a chief justice and Justice R Banumathi would soon be Chief Justice of Jharkhand high court.

……..A Subramani, TNN | Aug 20, 2013, 12.46 PM IST

http://timesofindia.indiatimes.com/india/Judges-and-advocates-accountable-to-people-Chief-Justice-of-India-says/articleshow/21932035.cms

[ viii ]       FB 573-B: Cash-At-Judges’-Door:3 judges, cops, lawyers in witness list:- Another judge, Raj Kumar Jain, the then sub-divisional judicial magistrate in Sonepat, was the losing party in the appeal decided by Justice Yadav relating to a disputed Panchkula plot. It was for this judgment, as per the CBI, that Yadav was paid Rs 15 lakh by lawyer and co-accused in the case Sanjiv Bansal through Ravinder Singh.

Names & Crimes of 867 Judges & Lokayuktas with Links to evidences in 102 Pages; divided into …. Paragraphs

http://www.indianexpress.com/news/3-judges-cops-lawyers-in-witness-list/1156960/
[ ix  ]         FB 571-D:’Governance niyat ki baat hoti hai. It needs only integrity, ethics, some ordinary intellect’ :- And therefore, I hail Durga Shakti…It’s not (about) the IAS, forget the IAS aspect, but her action is right. It’s a very difficult job. A young officer of 28 years, a lady, going and catching the mining mafia, mind it, you can get killed.

http://www.indianexpress.com/news/governance-niyat-ki-baat-hoti-hai.-it-needs-only-integrity-ethics-some-ordinary-intellect/1156540/4
[ x]       FB 571-C:’Governance niyat ki baat hoti hai. It needs only integrity, ethics, some ordinary intellect’ :- Governance jo hai, sirf niyat ki baat hoti hai (Governance is only about intent). It doesn’t require too much of competence as an artist or litterateur or scientist would require. It requires only integrity, ethics, morality and some ordinary intellect. This can be implemented, I’m very sure, if given a chance, in three months.

http://www.indianexpress.com/news/governance-niyat-ki-baat-hoti-hai.-it-needs-only-integrity-ethics-some-ordinary-intellect/1156540/3

[ xi ]   FB 564-E: Bradley Manning Tells Court Public Have the Right to Know About US War Crimes:- American Attorney for Julian Assange, Michael Ratner, reports he was in the courtroom and witnessed Manning speak with confidence and intelligence as he detailed the outrages that drove him to upload the documents to Wikileaks …… ublished on 1 Mar 2013

http://www.youtube.com/watch?v=QdK4LH51I2g

[ xii ]       FB 563-C:Video:France pays tribute to “the devil’s advocate”:- FRENCH PRESS REVIEW – Fri. 16/08/13: French papers pay tribute to “the devil’s advocate” Jacques Vergès. Perhaps France’s most famous and most controversial lawyer, he passed away Thursday at the age of 88. Also more reactions to Egypts bloody crackdown.

Live from the newsroom, FRANCE24 journalist provides an exhaustive overview of world’s newspaper headlines.

http://www.youtube.com/watch?v=xBAY875rxU4
[ xiii   ]  FB 563-B: Devils Advocate – France:10 Minutes Video:- Fascinated by evil and with a talent for breaking taboos, Jacques Verges is known as The Devils Advocate. Believing that even the worst criminals need a lawyer, Verges enjoys fighting on the dark side.

A lawyer who refuses to defend an accused person is like a doctor who would refuse to treat an AIDS patient because he is against certain sexual practices. Eighty-three year old Verges finds wrong-doers a challenge and hes determined to understand their motives. “I fight for the dignity of man. In every man there is a remnant of humanity. His latest client is Khieu Samphan, the former head of state in the Khmer Rouge regime.

http://www.youtube.com/watch?v=CXpw9rQfY5s
[ xiv ]      FB 563-A: French ‘Devil’s advocate’ Jacques Vergès dies:- The controversial French lawyer Jacques Vergès, nicknamed the ‘Devil’s advocate’ for defending a series of high-profile clients with blood on their hands, died in Paris late Thursday aged 88.

Provocative French Barrister Jacques Vergès, nicknamed the “Devil’s Advocate” for defending some of the 20th century’s most notorious monsters, died Thursday in Paris aged 88.

Vergès made a name for himself by taking on clients such as Nazi war criminal Klaus Barbie, Venezuelan revolutionary Carlos the Jackal, former Iraqi deputy prime minister Tariq Aziz and ex-Yugoslav leader Slobodan Milosevic.

He caused a storm when he told German newspaper Der Spiegel in 2008 that he would have defended Hitler.

Vergès died of a heart attack around 8:00pm Paris time in the house where 18th century enlightenment philosopher Voltaire once lived

“It was the ideal place for the last theatrical act that was the death of this born actor who, like Voltaire, cultivated the art of permanent revolt and volte-face,” his publisher said in a statement.

Algerian independence, Cambodian war crimes

Born in Thailand in 1925 to a father from French territory Reunion and a Vietnamese mother, Vergès was a communist as a student and later supported the Algerian National Liberation Front in its fight for independence from France.

After securing the release of Algerian anti-colonialist militant Djamila Bouhired, he married her.

One of his last high-profile cases was the 2011 defence of his long-time friend, Cambodia’s former communist head of state Khieu Samphan, who faced charges of crimes against humanity for his role in the 1975-1979 Khmer Rouge regime.

Then aged 86, the short, bespectacled Vergès delivered a pithy riposte to prosecutors who had spent two days detailing the horror the country suffered under the Khmer Rouge, during which up to two million people died through starvation, torture and execution.

The ‘dark side’

Vergès’s life story reads like a novel, but there is one chapter that he preferred to leave unopened: from 1970 until 1978, when he left his wife and children and disappeared.

He has referred to this period as “the dark side” of his life, leading to much speculation about these missing years.

Among the more persistent theories are suggestions that he fostered ties with Palestinian militants, that he passed through Congo – or that he lived in Khmer Rouge Cambodia.

Vergès himself said he “passed through to the other side of the mirror.”

“It’s highly amusing that no one, in our modern police state, can figure out where I was for almost 10 years,” he told German newsweekly Spiegel in a 2008 interview.

FRANCE 24’s Bangkok correspondent Cyril Payen, who met Vergès on a number of occasions, said the lawyer was “a very complex person”.

“There is a wide gulf between the public man, the provocative and often aggressive barrister, and the private man, who was actually quite humble,” Payen said.

Maximum publicity

On his return to his legal activities, Vergès became the champion of extremists from both left and right.

He was an advocate of Palestinian violence against the “imperialism” of Israel but he also defended neo-Nazi bombers and leapt at the chance to expose what he saw as establishment hypocrisy in the Barbie trial.

Most of his clients lost their cases but Vergès’ flair was in courtroom provocation, attacking the prosecution and maximising the publicity of his defendants’ cause.

Once asked by France Soir in 2004 how he could defend Saddam Hussein, after he said he was prepared to represent the Iraqi dictator, Vergès replied: “Defending Saddam is not a lost cause. It’s defending (then US president George W.) Bush that is the lost cause.”

Vergès, a lover of thick Robusto cigars and author of some 20 books, had his colourful life portrayed in the 2007 Cannes Film Festival documentary “Terror’s Advocate” and starred in his own play in France, called “Serial Defender.”

http://www.france24.com/en/20130816-france-devils-advocate-lawyer-jacques-verges-dies
[ xv ] 467:Appointments in the higher judiciary must be based on merit:- There is a strong perception among various stakeholders that the appointment of judges is being dictated by extraneous considerations. Merit and competence are only secondary. The recent elevation of two high court chief justices to the Supreme Court by overlooking other, more senior, judges is the latest incident in this saga.

The Gujarat high court bar association (HCBA) passed a resolution “protesting” theoverlooking of the “legal competence, honesty, dedication and steadfastness” of its present CJ Bhaskar Bhattacharya. It is widely understood that Bhattacharya’s appointment to the SC was overlooked because a collegium member bears personal animosity against him.

A similar note of discontent can be seen in the resolution passed by the Madras HCBA protesting against the opaque manner in which the latest batch of judges were proposed to be appointed. Regardless of the truth in these rumours, their existence in itself is deeply disconcerting. A just institution must not only be fair, but it must also appear to be fair. These controversies do not augur well for the Indian judiciary.

All stakeholders must work together to revamp the present system of appointing judges, which is through a collegium – the five senior-most judges decide who is eligible to be appointed. The system was well intentioned and, in all fairness, did solve the problem of excessive executive intervention in the appointment process. However, it has been a solution that has proved much worse than the disease.

These incidents should be seen as providing some impetus towards establishing a judicial appointments commission (JAC) to conduct the process of appointment. It is learnt that the JAC would consist of six members – two sitting judges, a government representative, a representative of the leader of opposition and two eminent jurists.

In recent public debates over the JAC’s composition, there appears to be a particular discomfort in having politicians as part of the panel. Disturbingly, however, there has been no public debate on the other, equally pressing, issues that arise. Merely setting up a JAC, without anything more, cannot solve present problems plaguing the appointment issue. To think of it as a panacea would be to repeat the mistake committed in instituting the collegiate system, especially given the complete absence of any defined criterion by which appointments should take place.

In the absence of norms, a JAC would only change the circle of high priests, leaving untouched the mystique behind the sacred ritual of appointments. To devise an appropriate solution, it is imperative to look at the intended rationale in establishing a JAC, and identify the norms on which it would work.

A system of appointment should guarantee its independence from inappropriate politicisation, strengthen the quality of appointments made, promote diversity and therefore sustain public confidence in the judicial system. The objective should be to remove patronage and ensure that judges are appointed on the basis of their qualifications.

It is important to delineate the JAC’s powers to ensure a balance between independence and accountability. Should the JAC be an “appointing” or only a “recommending” authority? If the latter, how and in what way should its recommendations matter in the process of appointment? In case the JAC takes over full responsibility for making appointments, it removes the danger of inappropriate influence by politicians, but it also weakens democratic accountability and lacks a potential check on abuse, corruption or incompetence on the part of the commission.

………………..Ajit Prakash Shah Jul 10, 2013, 12.00AM IST

http://articles.timesofindia.indiatimes.com/2013-07-10/edit-page/40469917_1_judicial-appointments-commission-collegium-appointment-issue

[ xvi ] Complaint by High Court judge’s son: advocate seeks anticipatory bail:-
The Karnataka High Court on Thursday adjourned to Friday hearing of a petition seeking anticipatory bail by an advocate, K.B. Shivakumar, who is arraigned as prime accused in a complaint of alleged threat and extortion filed by Phaniraj Kashyap, son of High Court judge K. Sreedhar Rao, in connection with a property dispute.

Justice H.N. Nagamohan Das asked the State Public Prosecutor (SPP) to file objections to the petitions.

‘No offence’

Appearing for the accused, senior counsel Ashok Haranahlli pointed out that the contents of the complaint did not disclose any offence against Mr. Shivakumar.

However, SPP S. Dore Raju contended that the accused had “used the son of the senior judge [Justice Rao] as a tool to tarnish the image of his father.”

He also contended that the accused had to first approach the jurisdictional court for anticipatory bail before knocking the doors of the High Court as per a judgement of the high court.

Mr. Dore Raju said that the police had seized hard disk from the office of the accused and sent it for forensic examination.

Meanwhile, the SPP told the court that the police have a CD of voice recording, lasting five minutes, of the accused-advocate and in the course of conversation the name of Mr. Haranahlli too crops up.

At this juncture, Mr. Haranahalli said: “Let them [police] make me as an accused. I will not succumb, will argue this case. I will not be cowed down submission. Mr. Shivakumar was one of my instructing counsel in many mining cases.”

Meanwhile, the court did not accept the plea of the SPP to play the CD stating that if necessary it will do so during an in-camera proceeding as the matter is under investigation.

Mr. Kashyap, also an advocate, had lodged a complaint against two advocates, including Mr. Shivakumar, one advocate’s clerk, Firoz, who is now in police custody, and three others.

The allegations against the accused are that they, in a proposed writ petition, had alleged that his father had “influenced” a deputy commissioner to pass some order favouring his son in connection with a property dispute. It is also alleged in the complaint that in the guise of filling petition they were blackmailing and threatening him with regard to a property, situated at Devanahalli, which he had purchased in 2005.

TODAY’S PAPER » MISCELLANEOUS » OTHERS . BANGALORE, August 2, 2013 http://www.thehindu.com/todays-paper/tp-miscellaneous/tp-others/complaint-by-high-court-judges-son-advocate-seeks-anticipatory-bail/article4980309.ece

[ xvii ] Notice to govt in land case of HC judge’s son:-
BANGALORE: The high court on Tuesday ordered notice to the government, KIADB and Bangalore Urban DC on a petition filed over two acres of grant land in BKPalya, nearDevanahalli.

A high court judge’s son is said to have received Rs 1.24 crore in compensation from KIADB in lieu of the land.
Justice AN Venugopala Gowda also requested advocate-general Prof Ravivarma Kumar and senior counsel PS Rajagopal to assist the court as amicus curiae on the issue, before adjourning the hearing to Wednesday. The judge requested them to enlighten whether the court can proceed against the DC, who is also a quasi-judicial authority.

The court also held that a copy of the petition was deemed to have been served on Phaniraj Kashyap, one of the respondents and son of sitting HC judge K Sreedhar Rao, since it was sent by registered post on August 5. Phaniraj, who filed a caveat, did not appear on Tuesday, which the court took note of.

 

The case

The petitioners, who claimed to be legal heirs of the original allottee of the land, said it cannot be alienated within a stipulated time. Yet the land changed several hands before reaching Phaniraj during the non-alienation period. When they challenged it, their petition was rejected by the assistant commissioner, following which they moved the deputy commissioner.

The DC initially stayed the assistant commissioner’s order. “Phaniraj approached the DC personally and with influence from his father, succeeded in getting the stay order altered,” they alleged.The land was acquired for an IT park by the KIADB, which awarded Rs 1.24 crore in compensation to Phaniraj, ignoring the petitioners’ objections, they said. PS Rajagopal said the high court has jurisdiction to look into orders passed by DCs under Article 227 of the Constitution, and that the case can be referred to a magisterial inquiry.

BBMP asked to pass fresh orders

Justice L Narayana Swamy on Tuesday disposed of a petition filed by M Raghu, BBMP junior engineer (South), asking the civic body to pass a fresh order in his case.

This was after the court noticed that as against the BBMP commissioner’s directive to suspend him on August 7, the additional commissioner had issued a suspension order on August 6 itself, over 22.88 tonnes of missing iron rods obtained during the demolition of Puttanna Kanagal Chitramandira, as there was no auction or records about storing the same.

…… TNN Aug 14, 2013, 06.51AM IST … http://articles.timesofindia.indiatimes.com/2013-08-14/bangalore/41408877_1_land-case-kiadb-bbmp-commissioner

[ xviii ] Judge’s son told to deposit compensation:- The High Court on Wednesday directed Phaniraj Kashyap, son of Justice K Sreedhar Rao who is a sitting judge of the High Court, to deposit the compensation amount granted by the Karnataka Industrial Areas Development Board (KIADB).

This was in connection with a petition alleging that the Deputy Commissioner of Bangalore Urban district committed irregularities in transfer of disputed land with the influence of Phaniraj.

Justice  A N Venugopala Gowda directed Phaniraj, who is one of the respondents in the petition, to place the compensation amount of Rs 1.24 crore in a fixed deposit in his name and submit a receipt to the court. The case was adjourned for further hearing.

The petitioner had stated that the sale of the land was illegal as it allegedly violated the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act.

It also sought investigation against the Bangalore Urban Deputy Commissioner and others who allegedly violated the rules.

 

Accused Gets Bail

The High Court on Wednesday granted anticipatory bail to an accused in a complaint filed by a judge’s son in connection with a land dispute.

Justice H N Nagmohan Das granted anticipatory bail to Chokka Reddy. After securing a bond for `50,000, he directed Reddy to cooperate with the police and not tamper with evidence.

Phaniraj Kashyap, son of Justice K Sreedhar Rao, a sitting judge of the High Court, had filed a complaint against Reddy over a land dispute.

By Express News Express – BANGALORE … Published: 15th August 2013 08:10 AM .. Last Updated: 15th August 2013 08:10 AM

http://newindianexpress.com/cities/bangalore/Judge%E2%80%99s-son-told-to-deposit-compensation/2013/08/15/article1735367.ece

[ xix ]  FB 389-B: LAW COMMISSION OF INDIA 192 nd Report ” Prevention Of Vexatious Litigation”: The Bill 7th June, 2005:- Whereas, it is expedient to prevent the institution or continuance of vexatious proceedings, civil and criminal, in the High Courts and in the courts subordinate to the High Courts

……….. http://indiankanoon.org/doc/1857041/ ………..

[ 15 ]       To enable this court to pass an early Order of “Report to Hon’ble High Court” on his Application dated 31st July 2013,  Copies of the above said documents along with few more documents are reproduced here below in the following pages:- 29 Annexures re-produced from this page upto page 64 

 

[16 ]   In order to prevent undue delay to proceed against the real culprits including the State Public Prosecutor, Mr.Doreraju under whose aid and advice the P.Ps work, it is most urgent and expedient to dispose of the application dated 31-07-2013 by making necessary report to the Hon’ble High Court of Karnataka where he will get the assistance of legally trained persons as no Advocate is legally assisting the Accused before this Hon’ble Court.

Therefore, the Accused prays that this Hon’ble Court be pleased to pass orders on his application filed on 31-07-2013 by making a report to the Hon’ble High Court so as to cause transfer of the above case without any further delay in the matter in the ends of justice.

This Memo is conceived, drafted and presented by Applicant on his own initiative in accordance with fundamental rights  as enshrined in Constitution of India, Universal Human Rights, The Bangalore Principles of Judicial Conduct and other Rights available to applicant from various Judgments of Supreme Court of India etc.,
Applicant craves leave of the Court to state that all due caution is taken to present facts truthfully. If any mistakes in conceiving the contents of this Memo, be considered PATRIOTIC in the interest of Justice & Equity to protect this innocent victim of the FALSE CASE SLAPPED in derogation of his, his family’s & Indian Judiciary’s Dignity and Image.

BANGALORE                                                    DIGVIJAY MOTE

DATE:24-08-2013                                          ACCUSED/APPLICANT

[ Applicant In Person]

Para 51

51.   Wherefore, this Hon’ble Court may be pleased to allow this Application For Transfer of case No. C.C. No. 6711/2012 to Hon’ble Karnataka High Court  u/s 407 of Cr. P.C in the interest Justice and Equity.

This Application is drafted and signed by Applicant  Accused

Date: 31st July, 2013                                    Applicant  Accused

BANGALORE

[DIGVIJAY MOTE ]
Applicant in Person

https://jailcorrupt867judges.wordpress.com/2013/07/31/cc-671112-apln-for-transfer-to-high-court-us-479-rw-407-of-cr-p-c-filed-on-31-7-13-in-state-by-vidhan-soudha-police-p-r-o-lokayukta-vs-digviajy-mote/

Para 50-B

50.B.    Beneficiaries of this  Judgment are the Hon’ble Judges of Karnataka High Court, shows that nearly 90% to 95% Judges constituting Karnataka High Court, is presented by collating with great difficulty the Year, Names etc., from 1980 to 2001-02 is in the box below:-

1980: Chief Justice Mr. D.M. Chandrashekhar. K.Bhimiah, V.S.Malimath, K.Jagannath Shetty, M.S.Nesargi, M.N. Venkatachaliaha, M.Rama Jois, K.S. Puttaswamy, N.Venkatachala, N.R.Kudoor, G.N.Sabahit, N.D.Venkatesh, M.S.Patil , R.S.Mahendra , R.G.Desai, K.A.Swami , D.R. Vitthal Rao. Not Involved: M.K. Srinivas Iyengar ,P.P.Bopanna, M.P.Chndrakant Raj Urs , M.Nagappa , 1981 : Chief Justice Mr. D.M. Chandrashekhar. K.Bhimiah, V.S.Malimath, K.Jagannath Shetty, M.S.Nesargi, M.K. Srinivas Iyengar , M.N. Venkatachaliaha, M.Rama Jois, K.S. Puttaswamy, P.P.Bopanna, N.Venkatachala, N.R.Kudoor, G.N.Sabahit, N.D.Venkatesh, M.P.Chndrakant Raj Urs , M.S.Patil , R.S.Mahendra, M.Nagappa , K.A.Swami , D.R. Vitthal Rao, P.A.Kulkarni. ,……..Not Involved: M.K. Srinivas Iyengar ,P.P.Bopanna, M.P.Chndrakant Raj Urs , M.Nagappa ,,…….. 1982 : Chief Justice Mr. D.M. Chandrashekhar. K.Bhimiah, V.S.Malimath, K.Jagannath Shetty, M.S.Nesargi, M.N. Venkatachaliaha, M.Rama Jois, K.S. Puttaswamy, P.P.Bopanna, N.Venkatachala, N.R.Kudoor, G.N.Sabahit , N.D.Venkatesh, M.P.Chndrakant Raj Urs , M.S.Patil , R.S.Mahendra, M.Nagappa[D] , K.A.Swami , D.R. Vitthal Rao, P.A.Kulkarni , A.K.Laxmeshwar , S.G.Doddakale Gowda. ,……..Not Involved:P.P.Bopanna, M.P.Chndrakant Raj Urs , M.Nagappa ,,…….. 1983 : Ag. Chief Justice V.S.Malimath, K.Jagannath Shetty, M.S.Nesargi, M.N. Venkatachaliaha, M.Rama Jois, K.S. Puttaswamy, P.P.Bopanna, N.Venkatachala, N.R.Kudoor, G.N.Sabahit , N.D.Venkatesh, M.P.Chndrakant Raj Urs , M.S.Patil , R.S.Mahendra, R.G.Desai, K.A.Swami , D.R. Vitthal Rao, P.A.Kulkarni , A.K.Laxmeshwar , S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna Note: Justice M.Ramakrishna Biodata: Appointed District Judge in 1977 but resigned soon thereafter. Elevated as a Judge High Court of Karnataka on 10-01-1983.Appointed Chief Justice of Jammu & Kashmir High Court on 10.10.1994 and later Chief Justice of the Gauhati High Court on 18.06.1997. ……. Not Involved:P.P.Bopanna, M.P.Chndrakant Raj Urs , M.Nagappa ,…….. 1984 : Chief Justice V.S.Malimath, K.Jagannath Shetty, M.S.Nesargi, M.N. Venkatachaliaha, M.Rama Jois, K.S. Puttaswamy, P.P.Bopanna, N.Venkatachala, N.R.Kudoor, G.N.Sabahit , N.D.Venkatesh, M.P.Chndrakant Raj Urs , M.S.Patil , R.S.Mahendra, R.G.Desai, K.A.Swami , D.R. Vitthal Rao, P.A.Kulkarni , A.K.Laxmeshwar , S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem. …..Not Involved:P.P.Bopanna, M.P.Chndrakant Raj Urs , M.Nagappa ,….. 1985 : Chief Justice K.Jagannath Shetty, M.S.Nesargi, M.N. Venkatachaliaha, M.Rama Jois, K.S. Puttaswamy, P.P.Bopanna, N.Venkatachala, N.R.Kudoor, N.D.Venkatesh, M.P.Chndrakant Raj Urs , M.S.Patil , R.S.Mahendra, R.G.Desai, K.A.Swami , D.R. Vitthal Rao, P.A.Kulkarni , A.K.Laxmeshwar , S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem Registrar: R.C. Ijari . A.G: Santosh Hegde. …..Not Involved:P.P.Bopanna, M.P.Chndrakant Raj Urs , B.Muralidher Rao …… 1986 : Chief Justice K.Jagannath Shetty, M.S.Nesargi, M.N. Venkatachaliaha, M.Rama Jois, K.S. Puttaswamy, P.P.Bopanna, N.Venkatachala, N.R.Kudoor, N.D.Venkatesh, M.P.Chndrakant Raj Urs , M.S.Patil , R.S.Mahendra, R.G.Desai, K.A.Swami , D.R. Vitthal Rao, P.A.Kulkarni , A.K.Laxmeshwar , S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem Registrar: R.C. Ijari . A.G: Santosh Hegde. ……..Not Involved:P.P.Bopanna, M.P.Chndrakant Raj Urs , B.Muralidher Rao …… 1987 : Chief Justice P.C.Jain , M.S.Nesargi, M.N. Venkatachaliaha, M.Rama Jois, P.P.Bopanna, N.Venkatachala, M.P.Chndrakant Raj Urs , M.S.Patil , R.G.Desai, K.A.Swami , D.R. Vitthal Rao, P.A.Kulkarni , A.K.Laxmeshwar , S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem , K.Shiva Shankar Bhat, P.K.Shyam Sunder, K.B.Navadagi, H.G.Balakrishna . Registrar: B.Jagannath Hegde A.G: Santosh Hegde . KAT Chairman N.D.Venkatesh …….Not Involved:Chief Justice P.C.Jain ,P.P.Bopanna, M.P.Chndrakant Raj Urs , B.Muralidher Rao …… 1988: Chief Justice P.C.Jain ,M.Rama Jois, P.P.Bopanna, N.Venkatachala, M.P.Chndrakant Raj Urs ,K.A.Swami , D.R. Vitthal Rao, S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem , K.Shiva Shankar Bhat, P.K.Shyam Sunder, K.B.Navadagi, D.P.Hiremath, H.G.Balakrishna , S.Rajendra Babu, K.Ramachanriaha . Registrar: B.Jagannath Hegde A.G: T.N. Narasinha Murthy. ……Not-Involved:Chief Justice P.C.Jain ,P.P.Bopanna, M.P.Chndrakant Raj Urs , B.Muralidher Rao……. 1989: Chief Justice P.C.Jain , M.Rama Jois, P.P.Bopanna, N.Venkatachala, M.P.Chndrakant Raj Urs ,K.A.Swami , D.R. Vitthal Rao, A.K.Laxmeshwar , S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem , K.Shiva Shankar Bhat, P.K.Shyam Sunder, K.B.Navadagi, H.G.Balakrishna , S.Rajendra Babu, K.Ramachanriaha . Registrar: B.Jagannath Hegde A.G: C. Shivappa. …….Not Involved:Chief Justice P.C.Jain ,P.P.Bopanna, M.P.Chndrakant Raj Urs , B.Muralidher Rao ….. 1990: Chief Justice S. Mohan , M.Rama Jois, N.Venkatachala, M.P.Chndrakant Raj Urs , K.A.Swami , D.R. Vitthal Rao, A.K.Laxmeshwar , S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem , K.Shiva Shankar Bhat, P.K.Shyam Sunder, K.B.Navadagi, H.G.Balakrishna , S.Rajendra Babu, K.Ramachanriaha , B.P. Singh , G.P.Shiva Prakash, Shivaraj Patil, N.Y.Hanumathappa, B.N.Krishnan, N.D.V. Bhat , M.M.Mirdhe , R. Ramakrishna, B. Jagannath Hegde , K,Jagannath Shetty , A.B. Murgod . Registrar: S.Venkataraman. ….Not Involved:Chief Justice P.C.Jain ,P.P.Bopanna, M.P.Chndrakant Raj Urs , B.Muralidher Rao ….. 1991 ; Chief Justice S. Mohan , M.Rama Jois, N.Venkatachala, M.P.Chndrakant Raj Urs ,K.A.Swami , D.R. Vitthal Rao, S.G.Doddakale Gowda , S.R. Rajshekharmurthy , M.Ramkrishna , B.Muralidher Rao , S.A. Hakeem , K.Shiva Shankar Bhat, P.K.Shyam Sunder, K.B.Navadagi, D.P.Hiremath, H.G.Balakrishna , S.Rajendra Babu, K.Ramachanriaha , G.P.Shiva Prakash, Shivaraj Patil, N.Y.Hanumathappa, B.N.Krishnan, N.D.V. Bhat , M.M.Mirdhe , R. Ramakrishna, B. Jagannath Hegde , K,Jagannath Shetty , A.B. Murgod . Registrar: S.Venkataraman . …. Not Involved: S.P. Bharucha, M.P.Chndrakant Raj Urs , B.Muralidher Rao , B.P. Singh , …. 1992 ; Ag CJ K.A.Swami , M.Ramkrishna , S.A. Hakeem , K.Shiva Shankar Bhat, P.K.Shyam Sunder, K.B.Navadagi, D.P.Hiremath, S.Rajendra Babu, G.P.Shiva Prakash, Shivaraj Patil, N.Y.Hanumathappa, B.N.Krishnan, N.D.V. Bhat , M.M.Mirdhe , R. Ramakrishna, B. Jagannath Hegde , K,Jagannath Shetty , A.B. Murgod , C.Shivappa , R.V.Vasanthakumar , L. Sreenivas Reddy . Registrar General : S.Venkataraman .Registrar[V] B.K.Somshekhar . Registrar [J] M.P.Chinnappa . Registrar [A]: C.Shivalingiaha .. . Advocate General:P.P. Muthanna …. Not Involved:Chief Justice S.P. Bharucha,……. 1993 ; Ag Chief Justice K.A.Swami, M.Ramkrishna , S.A. Hakeem , K.Shiva Shankar Bhat, K.B.Navadagi, D.P.Hiremath, S.Rajendra Babu, G.P.Shiva Prakash, Shivaraj Patil, N.Y.Hanumathappa, B.N.Krishnan, N.D.V. Bhat , M.M.Mirdhe , R. Ramakrishna, B. Jagannath Hegde , K,Jagannath Shetty , A.B. Murgod , C.Shivappa , R.V.Vasanthakumar , L. Sreenivas Reddy , A.J.Sadashiva , K.H.N. Khuranga , R.V. Raveendran , S. Venkataraman . Registrar General : S.Venkataraman .Registrar[V] B.K.Somshekhar . Registrar [J] M.P.Chinnappa . Registrar [A]: C.Shivalingiaha .. …. Not Involved:Chief Justice S.P. Bharucha,…Advocate General: P.P. Muthanna…. 1994 : M.Ramkrishna , S.A. Hakeem , K.B.Navadagi, S.Rajendra Babu, G.P.Shiva Prakash, N.D.V. Bhat , M.M.Mirdhe , R. Ramakrishna, B. Jagannath Hegde , A.B. Murgod , R.V.Vasanthakumar , L. Sreenivas Reddy , A.J.Sadashiva , K.H.N. Khuranga , R.V. Raveendran , S. Venkataraman , V.P. Mohan Kumar, Kumar Rajaratnam, T.C. Chuta , B.S Raikote, R.J. Babu, S.R. Nayak, B.K. Somshekhar, R.G.Vaidyanatha, T.S. Thakur, P.I.Krishna Moorthy , J.Eshwar Prasad. Registrar General : M.P.Chinnappa .Registrar[V] G.Patri Basavana Goud . Registrar [J] . T. Abdul Mujeeb Registrar [A]: C.Shivalingiaha . Note: Justice M.Ramakrishna Biodata: Appointed Chief Justice of Jammu & Kashmir High Court on 10.10.1994 and later Chief Justice of the Gauhati High Court on 18.06.1997 …. Not Involved: Chief Justice S.B. Majumdar , …Advocate General: B.V. Achaya…… 1995 : Ag. Chief Justice S.A. Hakeem , K.B.Navadagi, S.Rajendra Babu, G.P.Shiva Prakash, M.M.Mirdhe , R. Ramakrishna, G.C. Bharuka , A.B. Murgod , R.V.Vasanthakumar , L. Sreenivas Reddy , H.N. Tilhari, A.J.Sadashiva , K.H.N. Khuranga , R.V. Raveendran , S. Venkataraman , V.P. Mohan Kumar, Kumar Rajaratnam, T.S. Thakur, P.I.Krishna Moorthy , J.Eshwar Prasad , M.B. Vishwanath , C.N. Ashwath Narayan Rao, B.Padmaraj , H.N. Narayan . Registrar General : M.P.Chinnappa .Registrar[V] G.Patri Basavana Goud . Registrar [J] . T. Abdul Mujeeb Registrar [A]: C.Shivalingiaha . …. Not Involved: K.S. Bhktavatsalam , M.F. Saldhana ,…Advocate General: B.V. Achaya…… 1996 : Ag. Chief Justice S.A. Hakeem, Ag. Chief Justice S.Rajendra Babu, Chief Justice R.P.Sethi , S.Rajendra Babu, P.I.Krishna Moorthy , J.Eshwar Prasad , G.P.Shiva Prakash, M.M.Mirdhe , R. Ramakrishna, G.C. Bharuka , A.B. Murgod , L. Sreenivas Reddy , H.N. Tilhari, A.J.Sadashiva , K.H.N. Khuranga , R.V. Raveendran , S. Venkataraman , V.P. Mohan Kumar, Kumar Rajaratnam, T.S. Thakur, M.B. Vishwanath , C.N. Ashwath Narayan Rao, B.Padmaraj , H.N. Narayan , P.Vishwanath Shetty, A.M. Farooq, Chandrashekaraiah, Chidanad Ullal , H.L. Dattu , B.K. Sanglad, Mohammed Anwar , M.P. Chinnappa , B.N. Mallikarjuna . Registrar General : V.G. Sabahit .Registrar[V] S.K. Venkat Reddy . Registrar [J] . T. Abdul Mujeeb Registrar [A]: C.Shivalingiaha . …. Not Involved: K.S. Bhktavatsalam , M.F. Saldhana , …Advocate General: S. Vijay Shankar ………. 1997 : Chief Justice R.P.Sethi ,S.Rajendra Babu, P.I.Krishna Moorthy ,G.P.Shiva Prakash, G.C. Bharuka , H.N. Tilhari, A.J.Sadashiva , K.H.N. Khuranga , R.V. Raveendran , S. Venkataraman , V.P. Mohan Kumar, Kumar Rajaratnam, T.S. Thakur, M.B. Vishwanath , C.N. Ashwath Narayan Rao, B.Padmaraj , H.N. Narayan , P.Vishwanath Shetty, A.M. Farooq, Chandrashekaraiah, Chidanad Ullal , H.L. Dattu , B.K. Sanglad, Mohammed Anwar , M.P. Chinnappa , B.N. Mallikarjuna . Additional Judges: B.S. Sreenivas Rao , G.Patri Basavana Goud , S.R. Venkatesh Murthy , T.N. Vallinayagam . Registrar General : V.G. Sabahit . Registrar[V] S.K. Venkat Reddy . Registrar [J] . H.G. Ramesh Registrar [A]: C.Shivalingiaha . …. Not Involved: M.F. Saldhana , …Advocate General: S. Vijay Shankar ………. 1998 : Chief Justice R.P.Sethi , Y. Bhaskar Rao , G.C. Bharuka , V.K. Singhal , L. Sreenivas Reddy , H.N. Tilhari, A.J.Sadashiva , K.H.N. Khuranga , R.V. Raveendran , V.P. Mohan Kumar, Kumar Rajaratnam, T.S. Thakur, M.B. Vishwanath , C.N. Ashwath Narayan Rao, B.Padmaraj , H.N. Narayan , P.Vishwanath Shetty, A.M. Farooq, Chandrashekaraiah, Chidanad Ullal , H.L. Dattu , B.K. Sanglad, Mohammed Anwar , M.P. Chinnappa , B.N. Mallikarjuna , T.N. Vallinayagam. Additional Judges: B.S. Sreenivas Rao , G.Patri Basavana Goud , S.R. Venkatesh Murthy S.R. Bannurmath , V. Gopal Gowda . Registrar General : V.G. Sabahit . Registrar[V] S.K. Venkat Reddy . Registrar [J] . H.G. Ramesh Registrar [A]: C.Shivalingiaha . …. Not Involved: M.F. Saldhana , Ashok Bhan , , H. Rangavittalachar ,…Advocate General: S. Vijay Shankar ………. 1999 : Chief Justice R.P.Sethi , Ag. CJ Y. Bhaskar Rao , G.C. Bharuka , V.K. Singhal , H.N. Tilhari, A.J.Sadashiva , K.H.N. Khuranga , R.V. Raveendran , V.P. Mohan Kumar, Kumar Rajaratnam, T.S. Thakur, M.B. Vishwanath , C.N. Ashwath Narayan Rao, B.Padmaraj , H.N. Narayan , P.Vishwanath Shetty, A.M. Farooq, Chandrashekaraiah, Chidanad Ullal , H.L. Dattu , B.K. Sanglad, Mohammed Anwar , M.P. Chinnappa , B.N. Mallikarjuna , T.N. Vallinayagam, B.S. Sreenivas Rao , G.Patri Basavana Goud , S.R. Venkatesh Murthy , Additional Judges: S.R. Bannurmath , V. Gopal Gowda , K.R. Prasad Rao, N.S. Veerabhdraiah , Registrar General : V.G. Sabahit . Registrar[A] Veerabhadraswamy.K Registrar[V] M.S. Rajendra Prasad Registrar [J] . A.C. Kabbin . …. Not Involved: M.F. Saldhana , Ashok Bhan , H. Rangavittalachar ,…Advocate General: S. Vijay Shankar ………. 2000 : Chief Justice Y. Bhaskar Rao , G.C. Bharuka , V.K. Singhal , H.N. Tilhari, K.H.N. Khuranga , R.V. Raveendran , V.P. Mohan Kumar, Kumar Rajaratnam, T.S. Thakur, B.Padmaraj , H.N. Narayan , P.Vishwanath Shetty, A.M. Farooq, Chandrashekaraiah, Chidanad Ullal , H.L. Dattu , B.K. Sanglad, Mohammed Anwar , M.P. Chinnappa , B.N. Mallikarjuna , T.N. Vallinayagam, G.Patri Basavana Goud , S.R. Venkatesh Murthy , S.R. Bannurmath , V. Gopal Gowda , K.R. Prasad Rao, N.S. Veerabhdraiah , A.V. Srinivasa Reddy . Additional Judges: R.Gururajan , Manjula Chellur, K. Sreedhar Rao , V.G.Sabahit Registrar General : A.C. Kabbin . Registrar[A] Veerabhadraswamy.K Registrar[V] A.S.Pachapure Registrar [J]. K.Ramakrishna …. Not Involved: M.F. Saldhana , Ashok Bhan , , H. Rangavittalachar ,…Advocate General: A.N.Jayram………. 2001-02 : Chief Justice P. Venkataram Reddi , G.C. Bharuka , H.N. Tilhari, K.H.N. Khuranga , R.V. Raveendran , V.P. Mohan Kumar, Kumar Rajaratnam, T.S. Thakur, B.Padmaraj , H.N. Narayan , P.Vishwanath Shetty, A.M. Farooq, Chandrashekaraiah, Chidanad Ullal , H.L. Dattu , B.K. Sanglad, Mohammed Anwar , M.P. Chinnappa , B.N. Mallikarjuna , T.N. Vallinayagam, G.Patri Basavana Goud , S.R. Venkatesh Murthy ,S.R. Bannurmath , V. Gopal Gowda , K.R. Prasad Rao, N.S. Veerabhdraiah , A.V. Srinivasa Reddy , R.Gururajan , Manjula Chellur, K. Sreedhar Rao , V.G.Sabahit , K.L. Manjunath , N.Kumar , N.K.Patil. …. Not Involved: M.F. Saldhana , Ashok Bhan , H. Rangavittalachar , D.V. Shylendra Kumar,. ………. https://www.facebook.com/digvijay.mote/media_set?set=a.521545151210571.121921.10000065271

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Para 50-A

50.A  Applicant at the fag end of his nearing the death by man-made he feels that he is at the TAIL END of PATH of THORNS and at the end of this Application; Applicant wish to end the Application for Transfer to High Court.
Karnataka High Court’s Judgment, which came to be secured by Fraud by Judges, Society etc., detailed in foregone pages . The Court observed ILR 1995 KAR 3139 , in par thus :-

    ( 33 ) Lastly we are constrained to observe above the serious allegations made against the Judges of the Court ( sitting, retired, transferred) and retired Judges of the Supreme Court in the Public Interest Litigation filed by the two Practicing Advocates of this Bar. In the case reported in P. PERUMAL & ORS vs. STATE OF TAMILNADU &ORS ( 33. 1993-2 LW 681 ) at page 712 at para 41 Mishra, J., as he then was has stated thus:

” 41. In a nutshell, it will be no exaggeration if it is said that the High Court Judges are high dignitaries, who by virtue of their office and the nature of work, that is to say, dispensation of justice, exercise a regal or sovereign function; their work forms part of Constitutional duty of the State and they discharge inalienable functions of the Constitutional Government, which no one else is entitled to perform . They have to be aloof to some extent from others. These and other acts which Judges perform make them the object of regard and respect of others.

Their functions as demanded by their office make them important for the Society.”

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Para 49

 Conduct of Judge in private

When a judge sits on trial, he himself is on trial.  The trust and confidence of ‘we the people’ in judiciary stands on the bedrock of its ability to dispense fearless and impartial justice.  Any action which may shake that foundation is just not permitted.  Once having assumed the judicial office, the judge is a judge for 24 hours. It is a mistaken assumption for any holder of judicial office to say that I am a judge from 10 to 5 and from 5 to 10 it is my private life.  A judge is constantly under public gaze.  “Judicial office is essentially a public trust.  Society is, therefore, entitled to expect that a Judge must be a man of high integrity, honesty and required to have moral vigour, ethical firmness and impervious to corrupt or venial influences.  He is required to keep most exacting standards of propriety in judicial conduct. Any conduct which tends to undermine public confidence in the integrity and impartiality of the court would be deleterious to the efficacy of judicial process.  Society, therefore,  expects higher standards of conduct and rectitude from a Judge.  Unwritten code of conduct is writ large for judicial officers to emulate and imbibe high moral or ethical standards expected of a higher judicial functionary, as wholesome standard of conduct which would generate public confidence, accord dignity to the judicial office and enhance public image, not only of the Judge but the court itself.  It is, therefore,  a basic requirement that a Judge’s official and personal conduct be free from impropriety; the same must be in tune with the highest standard of propriety and probity. The standard of conduct is higher than that expected of a layman and also higher than that expected of an advocate. In fact, even his private life must adhere to high standards of probity and propriety, higher than those deemed acceptable for others. Therefore,  the Judge can ill-afford to seek shelter from the fallen standard in the society.” [30]

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[29] Edmund Heward, Lord Denning, A Biography, 2nd Edn., pp.35-36.

[30] C. Ravichandran Iyer   v.   Justice A.M. Bhattacharjee & Ors.,   (1995)  5 SCC 457, para 21, per K. Ramaswamy, J

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Para 48

48.       ”  Oath of a Judge _  analysed “

Every word and expression employed in the oath of a judge is potent with a message.  The message has to be demystified by reading between the lines and looking beyond what meets the eyes.

An option to swear in the name of God or to make a solemn affirmation is suggestive of secular character of the oath.

A judge must bear not only faith but ‘true faith’ and ‘allegiance’ to the Constitution of India.  The oath demands of a judge not only belief in constitutional principles but a loyalty and a devotion akin to complete surrender to the constitutional beliefs. Why ?

“Under our constitutional scheme, the judiciary has been assigned the onerous task of safeguarding the fundamental rights of our citizens and of upholding the rule of law.  Since the Courts are entrusted the duty to uphold the Constitution and the laws, it very often comes in conflict with the State when it tries to enforce its orders by exacting obedience from recalcitrant or indifferent State agencies.  Therefore, the need for an independent and impartial judiciary manned by persons of sterling quality and character, undaunting courage and determination and resolute impartiality and independence who would dispense justice without fear or favour, ill-will or affection.  Justice without fear or favour, ill-will or affection, is the cardinal creed of our Constitution and a solemn assurance of every Judge to the people of this great country ……. an independent and impartial judiciary is the most essential characteristic of a free society.[17]“ The arch of the Constitution of India pregnant from its Preamble, Chapter III (Fundamental Rights)  and Chapter IV (Directive Principles) is to establish an egalitarian social order guaranteeing fundamental freedoms and to secure justice __      social, economic and political  __ to every citizen through rule of law.  Existing social inequalities need to be removed and equality in fact is accorded to all people irrespective of caste, creed, sex, religion or region subject to protective discrimination only through rule of law.  The Judge cannot retain his earlier passive judicial role when he administers  the law under the Constitution to give effect to the constitutional ideals.  The extraordinary complexity of modern litigation requires him not merely to declare the rights to citizens but also to mould the relief warranted under given facts and circumstances and often command the executive and other agencies to enforce and give effect to the order, writ or direction or prohibit them to do unconstitutional acts.   In this ongoing complex of adjudicatory process, the role of the Judge is not merely to interpret the law but also to lay new norms of law and to mould the law to suit the changing social and economic scenario to make the ideals enshrined in the Constitution meaningful and a reality.[18]

The sovereignty and integrity of India has to be upheld.  Constitution itself would cease to exist, if, God forbid, the sovereignty and integrity of India were lost.

The duties associated with the Office of a judge are too sacrosanct and hence demand the judicial functioning  with ‘the best of ability, knowledge and judgment’ of the judges. It is not enough to be a law graduate or to have put in a number of years of practice or to have gained experience by serving as a judicial  officer for a specified number of years. Their ability and knowledge associated with the clarity of purpose and methods which the judges display enables the judicial system to perform to its optimum efficiency.  The role of the judge obligates him to continue to invest in up-dating his knowledge of law and skills of justice dispensation.  The holder of the Office if not able and knowledgeable would not have the confidence to function, much less with independence.  It is said :

Strange, how much you’ve got to know; Before you know, how little you know.[19]

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[16] S.P. Gupta  v.  Union of India, 1981 Supp. SCC 87, para 27.

[17]  S.C. Advocates-on-Record Association & Ors.   v.  Union of India, (1993) 4 SCC 441, para 273, per Ahmadi, J..

[18]  C. Ravichandran Iyer  v.  Justice A.M. Bhattacharjee & Ors.,  (1995)  5 SCC 457, para 41, per K. Ramaswamy, J.

[19] Anonymous

[20] University of New Brunswick Law Journal, Vol. 45, 1999, p.81.

http://indiancorruptjudges.com/Plot4Plot/000%20Up%20Dates/06%20CJI.LahotiFirm/CJI.Judges%20Oath%20Analysed.htm

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Para 47

In  1928  Olmstead v. United States the Court observed thus:- Decency, security and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that, in the administration of the criminal law, the end justifies the means — to declare that the Government may commit crimes in order to secure the conviction of a private criminal — would bring terrible retribution. Against that pernicious doctrine this Court should resolutely set its face.
Applicant humbly submits it is right & ripe time to Redefine for the Hon’ble High Court & Supreme Court to lay down as to what should be duty of  Indian Citizens in the situations like the present case of  Judicial HBCS case it goes further.
That is The Judges Manning Courts,  who are believed to be virtued with all Godly qualities viz.,  Omnipotent, Omnipresent & Omniscient; violates Laws & Judgments.
Applicant is of considered opinion that  in this case Hon’ble High Court and Supreme Court of India has to declare new set of laws , so as to estop from such cases re-appearing anywhere in India.

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Para 46

Applicant Accused, owner  of said websites, in close Co-operation in Private Sector  with nationalistic organizations like  www.judicialreforms.org , http://pucl.org/ ,http://lokpal-hindi.blogspot.in/ ,http://www.indiaagainstcorruption.org/index1.html , http://www.aidprojects.org ,  Samaj Parivartana Samudaya ,http://www.transparency.org/ and such other agencies like N.G.O.s, Media, Advocates and public spirited men with patriotism is addressing the burning issues ofc in India in high Places of Governance so as to reduce, if not to eliminate CORRUPTION and see that India stands with her head held high . We also keep informing the latest information to Governmental Agencies since 2003 likecbi.nic.in  , cvc.nic.in ,, of late with  ksp.gov.nic.in , other State & Central Law Enforcing Authorities

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Para 45

In post Independent India  never any Chief Justice of India had made a speech like Mr. Justice Kapadia, the Hon’ble Former  Chief Justice of India who, on 26th November 2011, during his LAW DAY speech said : “If any Judge is believed to be Corrupt; that Judge should be named in Public and brought  to the Notice of Chief Justice of High Court”.

It is for the First Time in the history of indian judiciary a sitting Chief Justice Of India asking his countrymen to raise voice against corruption in Judiciary. The said speech has appeared in News Papers  and T.V. Channels and is available on Supreme Court website athttp://sci.nic.in/speeches/lawdayspeech.pdf.

The said speech was addressed to All the Indian Citizens, General Public, Courts, Lokayukta, Jailers, Police, Government, all and sundry for whom The Indian Courts, Justice and Democracy matters.

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