E-Filing is Electronic filing of matters in the Registry of Supreme Court of India. Yes, E-Filing is a user friendly
programme prepared by National Informatics Centre.
The Registrar,
Supreme Court of India,
Tilak Marg,
New Delhi-110 001 (India)
PABX NOS.23388922-24,23388942-44,
FAX NOS.23381508,23381584,23384336/23384533/23384447 supremecourt@nic.in
Through E-Filing facilitates any
Advocate-on-record (in the Supreme Court of India) or
Petitioner-in-person can file his/her matter through internet facility,
sitting anywhere in the world. It does not require any person to come at the filing Counter in the Registry of the Supreme Court of India for just filing his/her matter.
Prequalification - you must have prepared the Petition offline. The steps required for E-Filing process are:
1. Login: For login you need User ID and Password. (Advocate on record are provided ID and password from the Registry. Petitioner-in-person has to create his ID and Password by submitting his/her Identity proof.
The Supreme Court of India has introduced E-FILING. Now you can file a case in the Supreme Court through the internet and also avail of the following services:
Computer
Business Review appeared more certain with the “How Google
search results are influencing elections” headline for its version of
the story, the Guardian reported.”…. if Google changed its course, it
would undermine people’s trust in its results and company.”
A press release put out on 13 May by the American Institute for
Behavioral Research and Technology, an independent research organisation
based in California created a furore around the topic when it released a
report headlined “Could Google have fixed the Lok Sabha elections? A
landmark new study in India shows it’s possible,” the report added.
(ANI)
Let us appeal to the Computer Business Review and the American Institute for
Behavioral Research and Technology, an independent research organisation
based in California to review and research on the following technology:
Napolean had once said that “I can face two
battalions but not two scribes”. Scribes are aware that the Supreme
Court had directed that all the EVMs must be replaced with TAMPER PROOF
machines. But the CEC had not bothered tto replace all the EVMs and went
for Lok Sabha elections. Napoleans suggested scribes have to do some
investigative journalism and expose the CEC to save this MURDER of
DEMOCRACY and STOP
‘fixing’ Indian Lok Sabha elections
SUB:An Appeal to do research on all Electronic
Voting Machines those were to be replaced with Tamper proof machines as
per the directives of Supreme court of India
Appeal
to the Computer Business Review and the American Institute for
Behavioral Research and Technology, an independent research organisation
based in California to review and research on the following technology:
Napolean
had once said that “I can face two battalions but not two scribes”.
Scribes are aware that the Supreme Court had directed that all the EVMs
must be replaced with TAMPER PROOF machines. But the CEC had not
bothered tto replace all the EVMs and went for Lok Sabha elections.
Napoleans suggested scribes have to do some investigative journalism and
expose the CEC to save this MURDER of DEMOCRACY and STOP ‘fixing’ Indian Lok Sabha elections.
With reference to
https://in.news.yahoo.com/google-denies-fixing-indian-lok-sabha-elections-105557389.html ‘FIXING’ Indian Lok Sabha elections
Computer
Business Review appeared more certain with the “How Google search
results are influencing elections” headline for its version of the
story, the Guardian reported.”…. if Google changed its course, it
would undermine people’s trust in its results and company.”
A
press release put out on 13 May by the American Institute for Behavioral
Research and Technology, an independent research organisation based in
California created a furore around the topic when it released a report
headlined “Could Google have fixed the Lok Sabha elections? A landmark
new study in India shows it’s possible,” the report added. (ANI)
http://aibrt.org/index.php/about
The American Institute for Behavioral Research and Technology
is a nonprofit, nonpartisan 501(c)(3) organization based in Vista,
California, USA, which promotes and conducts research that has the
potential to increase the well-being and functioning of people worldwide. It currently has ongoing research projects in eleven
different topic areas.
Mission
The
mission of the American Institute for Behavioral Research and
Technology is to conduct, promote, and advance research on behavior that has the potential to improve the human condition, to develop possible
applications of such research, and to educate the public about both this
research and its applications. It pursues this mission by conducting
relevant research, presenting such research at scientific conferences,
publishing reports of such research in both scientific and popular
publications, developing possible applications of such research and
presenting and publishing reports of such applications, and keeping the
public informed about relevant research and applications through classes, workshops, Internet activities, videos, and a variety of other
publishing and media activities.
Washington: As India eagerly awaits the outcome of the just concluded general elections, a study by an American institute says the real threat to democracy comes from an unexpected corner: Google Search.
Google search results can pose a real
threat to democracy as it could swing a close election by influencing
the voting preferences of undecided voters, wars the American Institute
for Behavioral Research and Technology in California that studied more than 2,000 undecided voters throughout India.
The study conducted in recent weeks
suggests that Google has the power to fix elections “without anyone
being the wiser.” This is possible because of the power that search rankings have on people’s opinions, the researchers said.
Studies show that the higher the rank, the more people trust the result, which is why companies are spending billions now to push their products higher.
“So could highly-ranked search results that make Arvind Kejriwal look better than Narendra Modi drive votes to Kejriwal?” the researchers set out to determine, The Times of India reported.
In research conducted last year in the US, researchers found that search rankings biased in favor of a candidate could push the preferences of undecided voters towards that candidate by 15 percent or
more.
The researchers have shown that votes can
easily be pushed toward one candidate or another by about 12 percent —
double that amount in some demographic groups — enough to determine the outcomes of many close
races.
“This is a very serious matter — a real threat to democracy,” said Dr Robert Epstein, lead researcher in the study and Senior Research Psychologist at the American institute.
“If two candidates were both trying to push
their rankings higher, they would be competing, and that’s fine. But if
Google, which has a monopoly on search in India, were to favor one
candidate, it could easily put that candidate in office by manipulating search rankings, and no one could counter what they were doing.
“Even if without human intervention the company’s search algorithm favored one candidate, thousands of votes would still be driven to that candidate,” said Epstein.
In the new study, participants were randomly assigned to groups in which search rankings favored either Kejriwal, Rahul Gandhi, or Modi.
Real search rankings and web pages were
used, and people were asked to research all the candidates just as they
would on Google. The only difference between the groups was the order in which the search results
were displayed.
The new study suggests that biased search rankings can be used to fix the outcome of races in India in which the winner is projected to win by a margin up to 2.9 percent.
This can be done just by influencing undecided voters who use the internet — a small but important group of voters that is sure to grow in coming years, researchers said.
Worldwide, the researchers said, upwards of 25 percent of national elections are won by margins under 3 percent.
The study also shows that certain demographic groups are especially vulnerable.
The voting preferences of 19 percent of women over 35 were shifted in the study, as were the voting preferences of 18 percent of voters who were unemployed.
“Of particular concern is the fact that 99
percent of the people in our study seemed to be unaware that the search
rankings they saw were biased. That means Google has the power to manipulate elections without
anyone suspecting they’re doing so,” said Epstein.
“To prevent undue influence, election-related search rankings need to be regulated and monitored, as well as subjected to equal-time rules,” Epstein said.
Computer Business Review appeared more certain with the “How Google search results are influencing elections” headline for its version of the story, the Guardian reported.”…. if Google changed its course, it would undermine people’s trust in its results and company.”
A press release put out on 13 May by the American Institute for
Behavioral Research and Technology, an independent research organisation
based in California created a furore around the topic when it released a
report headlined “Could Google have fixed the Lok Sabha elections? A landmark new study in India shows it’s possible,” the report added. (ANI)
http://mattersindia.com/google-search-threatens-democracy-study/ Google Search threatens democracy: Study Published: 9:31 am, May 15, 2014 Story By: mattersindia.com
A threat to democracy
Washington:
As India eagerly awaits the outcome of the just concluded general
elections, a study by an American institute says the real threat to
democracy comes from an unexpected corner: Google Search.
Google
search results can pose a real threat to democracy as it could swing a
close election by influencing the voting preferences of undecided
voters, wars the American Institute for Behavioral Research and
Technology in California that studied more than 2,000 undecided voters
throughout India.
The study conducted in recent weeks suggests that Google has the power to fix elections “without anyone being the wiser.”
This is possible because of the power that search rankings have on people’s opinions, the researchers said.
Studies
show that the higher the rank, the more people trust the result, which
is why companies are spending billions now to push their products
higher.
“So could highly-ranked search results that make
Arvind Kejriwal look better than Narendra Modi drive votes to Kejriwal?”
the researchers set out to determine, The Times of India reported.
In
research conducted last year in the US, researchers found that search
rankings biased in favor of a candidate could push the preferences of
undecided voters towards that candidate by 15 percent or more.
The
researchers have shown that votes can easily be pushed toward one
candidate or another by about 12 percent — double that amount in some
demographic groups — enough to determine the outcomes of many close
races.
“This is a very serious matter — a real threat to
democracy,” said Dr Robert Epstein, lead researcher in the study and
Senior Research Psychologist at the American institute.
“If two candidates were both trying to push their rankings higher, they would be competing, and that’s fine. But if
Google, which has a monopoly on search in India, were to favor one
candidate, it could easily put that candidate in office by manipulating
search rankings, and no one could counter what they were doing.
“Even
if without human intervention the company’s search algorithm favored
one candidate, thousands of votes would still be driven to that
candidate,” said Epstein.
In the new study, participants were
randomly assigned to groups in which search rankings favored either
Kejriwal, Rahul Gandhi, or Modi.
Real search rankings and web
pages were used, and people were asked to research all the candidates
just as they would on Google. The only difference between the groups was
the order in which the search results were displayed.
The new
study suggests that biased search rankings can be used to fix the
outcome of races in India in which the winner is projected to win by a
margin up to 2.9 percent.
This can be done just by influencing
undecided voters who use the internet — a small but important group of
voters that is sure to grow in coming years, researchers said.
Worldwide, the researchers said, upwards of 25 percent of national elections are won by margins under 3 percent.
The study also shows that certain demographic groups are especially vulnerable.
The
voting preferences of 19 percent of women over 35 were shifted in the
study, as were the voting preferences of 18 percent of voters who were
unemployed.
“Of particular concern is the fact that 99 percent of
the people in our study seemed to be unaware that the search rankings
they saw were biased. That means Google has the power to manipulate
elections without anyone suspecting they’re doing so,” said Epstein.
“To
prevent undue influence, election-related search rankings need to be
regulated and monitored, as well as subjected to equal-time rules,”
Epstein said.
I, Nostradamus! — Predicting the Outcome of the May 2014 General Elections in Indool’s Paradise. Hacke hay in May!
Over a billion cuckoos cackle, cry and crap in India.
It is a nation where intelligence rules in closed
quarters, idiocy in the open. Just like the open toilets under the
benign gaze of Mother Nature — there are more cell phones than toilets
in India, a survey reports. Oh! the average Indian retorts — and, then,
goes on to do “business” as usual, sitting on the haunches, as
sorry-assed as before — or sorts.
We are an indifferent, intelligently inclined
idiocy — oops! democracy, We make gods out of mud, then, prostrating
before them, we remain, as before, a dud. And, some times, in the name
of our fancied little god and his glory, my
motherland’s favorite sons also kill each other, with the deep ingrained
vigor of all our bestial ancestry, and like a whiff of wind are
gone — dead.
Lest it becomes confusing, let’s say it as it is — we
Indians, like every other human being, are truly one really, really
queer kin of apes. In some fields, ahead of others and beyond compare;
in other areas, we are as silly and supercilious as a bull-hounded mare.
In a nutshell, Indians, at least in the loftier mystical and evolved
spiritual circles “get” some things well — like higher
metaphysics — while failing miserably, simplistically, in simple,
elementary physics.
After all, who in one’s right
mind would yet allow the use of absolutely antiquated, completely
out-dated, easily hack-able and highly tamper-able “high school technology” based, obsolete EVMs (electronic
voting machines) in national elections, even now — in 2014?
More than 80 democracies in the world have simply
done away with them, dumping them in the trash, or simply declared the
usage of this simplistic voting system susceptible to fraud, and hence
declaring the same as illegal — as the Supreme Courts of Germany and
Holland indeed have done. Even Japan, from where EVMs originated, has
long abandoned its rogue babies, and is using paper ballot system since
then. All the advanced democracies in the West, except the most
dull-headed ones, have reverted to a voter verifiable system or the ballot paper. In Canada, even at the ,most basic school level, ballot paper voting is in use.
Last year, the Supreme Court of India, having been
convinced of an undeniable, edible possibility of EVMs getting tampered
with and that easily hacked — even from afar — had ordered the imbecilic
Election Commission and the indolent Government of India to provide
about 1600 crore (1600, 0000000) rupees — convert this into your
respective
currency! — for manufacturing these VVPAT (Voter Verifiable Paper Audit
Trail) voting machines; which show a verifiable paper receipt to the
voter.
This is the Fundamental Right of a citizen of India, as
per the laws laid down by the Constitution. However, recent newspaper
reports tell us that only 20, 000 such voting machines have been
provided for the entire country in this, 2014 election! India has 29
states now — with Telagana being the latest. In most of them, depending
upon their size etc., either about 400 VVPAT machines are being
deployed, or some such similar ridiculous number — more or less — has
been made available in the length and breadth of the country. It’s an
asinine, bland, cruel, demeaning joke we 1.25 billion jokers have been
“blessed” with by the powers that be.
All “patriotic” hackers of our motherland are going to make hay in May 2014 and Uttar Pradesh Assembly Mar 2017!
As to how EVMs can be hacked into, tampered with, and
results favorably manipulated via software interference and other
means — from near and from far, far away — this can easily be found by
anybody by just going to Google etc. and filling “EVM HACKING, TAMPERING” or something to this effect in the Search. And lo, behold! a plethora of
information will just overwhelm your overly chilled-out, lesser employed, un-billed brains.
However, the only solace for us
naive fools is that quite a few unscrupulous politicians and every other
most “honorable” political party worthy of its “salt”, would surely be
playing this comic-tragic game of hacking into and hijacking the votes
of a billion people! Thus, one who outsmarts the other such fine folks, armed with their hacking forks in this merry-go-around, will win.
The rest — this or that “tsunami” or wave in favor of
one or the other, poll forecasts and the “newbie”, the over enthused,
seeming game changers in the making — well, they may well fall flat on
their dumb faces, if not on their smart asses.
That the Supreme Court of India too, while passing the
order of putting new VVAT voting machines in use in a “phased manner”,
has unwittingly shirked its duty. In fact, it committed a grave error of
judgment. Perhaps dealt a fatal blow to
Indian democracy. It should have ordered, as a caution, that till the
time this newer set of about 1300ooo voting machines is manufactured in
full and so deployed throughout India, ballot paper system would be
brought in. No such precautionary measure was decreed by the apex court.
Well, crib all you want. But don’t cry, my dear
countrymen. After all, the same model of EVMs is yet very much in use in
South Africa, Bangla Desh, Bhutan, Nepal, Nigeria, Venezuela etc. These
poor folks of the said “non-techy” countries — millions of them — too
cannot figure out as to what the hell had, yet is happening, in their
dear short-circuited “developed” democracies. Nor will you.
Don’t worry, be happy! You are not alone “out there”.
Oh, by the way, the somewhat notorious lawyer who had
brought in this case — of the present lot of EVMs being tamper-able and
hack-able — and, who, had successfully fought it so, forcing the Supreme
Court to order the installation of a fail-safe voting mechanism (of
Voter Verifiable Paper Audit machines replacing the susceptible earlier
Electronic Voting Machines) to ensure a free and fair electoral process
in India — well, this oh-so-very honorable fellow too has fallen silent,
like a demure maiden. This most vociferous gentleman had openly
declared on social websites, especially Twitter, that in case VVPAT
machines do not get installed in time for 2014 elections, then, there
would be a “constitutional crisis” — putting it out there like an Indian
“pehalwan”, a la WWW wrestler, that he would challenge the same in the
apex court. He had most emphatically underlined he would ensure that
either the new fail-safe voting machines or the old time-tested paper
ballot system will be put in use during this general election in India.
However, recently, when asked specifically on Twitter
about this matter — as to what this lovely man is doing or is going to
do about this impending doomsday electoral scenario — there was a
deafening silence from his side. May be owing to the fact that since the
Supreme Court judgement late last year, this self-righteous rightist
has joined
the ultra-rightist political bandwagon.
The latter has been projected by pollsters to
overwhelmingly sweep these elections — as a direct result of the doings
of the monstrous public relations firm hired from the land of the
let-it-be, oops! free. This US firm is the same that was used
fruitfully by President Bush and Hillary Clinton for their respective
political campaigns. It has — let there be no doubt about it — successfully projected its client as the potential winner and the next numero uno in Indian politics.
What the majority of the Indians have missed in fine
print is that the outgoing Chief Minister of the state of Rajasthan, in
the last year elections, had officially filed a complaint with the
election commission that the EVMs used in his state were pre-programmed
and tampered with — and that the same had come from the state of which
this presently
hyped-up future Prime Minister of India, is the current Chief Minister.
Now, the lawyer who had gone to the dogs to awaken India and the rest
of the world about the mischief and malfeasance possible with the old
model of EVMs — and had in fact written a book on this subject — is in a
wink-wink deep-throat “smadhi”. A silence that speaks truths we dumb
billion idiots on this part of slippery earth cannot fathom. Perhaps
it’s a precursor of the things to come.
Let us hope the jolly good hackers of this-that party
screw-up each other’s devilish, outright evil plans. In a dog eat dog
political crap pit we hapless billion creatures have to walk through
every election, maybe this time the ape sitting by the side — the
wide-eyed hopeful citizen of India — at least gets a tiny part of the
apple pie this messy hacking cat fight will leave behind, on the side
lanes. Perhaps these little crumbs will be enough for us to stay afloat.
though not gloat.
In a nutshell, simply put, whosoever “out-hacks” the other, will win.
Then again, we are an ancient civilization of more than
33, 0000000 gods and goddesses — some civilized, others not so civil.
Let’s hope one of these fancied deities has a soft corner for us dumbos.
Otherwise, we are going to get screwed. A billion times over.
Therefore, I made doubly sure I did not vote. I sat on
my ass on voting day — not that I don’t do so everyday. This voting day,
I absolutely did. Not only figuratively and metaphorically, but
literally. I may have many buts in life, but at least today I have a
little sore, yet not so sorry a butt.
We are a fool’s paradise.
Long live the banana republic of India!
[The officer pressed the button number 4, but the slip that came out
was of number 2 (BJP). As everyone around started laughing. The
administrative officials who were present were shocked as journalists
had been specially called to witness the use of VVPAT (Voter Verified
Let us have a heart and reach out to victims of crime, says CJI Khehar
Delhi
Chief Justice of India Jagdish Singh Khehar.(PTI File Photo)
Victims of heinous crimes
often get a raw deal in India’s criminal justice system, while accused —
even in terror cases — get better legal assistance, Chief Justice of
India JS Khehar said on Saturday.
“Ours is a strange country. The
bigger the criminal, the bigger is the outrage. As we have seen before
that the convict in a terror crime, who has failed up to the Supreme
Court and also in his review, can get access to justice in a manner that
we extend,” justice Khehar said in an oblique reference to 1993 Bombay
blast case convict Yakub Memon.
Memon was granted an early
morning hearing by the apex court even after dismissing his review and
curative pleas against the original verdict that ordered his hanging.
“I
have wondered over the years — what about the families, which have lost
their bread earners, the acid attack victims who are defaced and cannot
survive, the rape victims and their lives. I wonder why we don’t reach
out to them,” he said, appealing to the legal services authority to make
2017 the year of the victims.
He asked the National Legal
Services Authority (NALSA) to send its para-legal volunteers to every
trial court to inform victims that their right to compensation is not
closed.
“Let us make them
understand that the case is not closed with the acquittal or conviction
of the accused. Let us have a heart and reach the victims,” he said.
CJI
referred to the criminal procedure code (CrPc) that provides for a
creation of fund at the national and state level for the victims under
section 357A, which victims are unaware of.
Justice Dipak Misra,
the second senior-most judge of the Supreme Court, minister of state for
law and justice PP Chaudhary and other judicial officers from across
the country were present at the function.
The CJI urged the Centre
to telecast on national television the short films movie maker Praksh
Jha has directed on legal literacy.
In a reference to the Supreme Court’s unprecedented midnight hearing
of Mumbai blasts terror convict Yakub Memon hours before he was hanged
to death in 2015, Chief Justice of India J.S. Khehar said that while the
legal machinery worked overtime to give terrorists and hardcore
criminals access to justice, there was hardly a mechanism to reach out
to their victims.
Survival of families
In his
inaugural address at the 15th All India meet of State Legal Service
Authorities, Chief Justice Khehar, who is also the patron-in-chief of
the authority, said he often wondered what had befallen the victims of
rape, sexual assault and acid attacks, many of whom were breadwinners
for their family.
“Ours is a strange country. The bigger the
criminal, the bigger is the outrage. As we have seen before that the
convict in a terrorist crime who has failed up to the Supreme Court and
also in his review, can get access to justice in a manner that we
extend,” he said.
“I have
wondered over the years, what about the victims. I have wondered over
the years what about the families which have lost their bread earner. I
have wondered over the years what about that acid attack victim who has
been defaced and cannot survive the society. I think about rape victims
and their lives and I wonder why we don’t reach out to them.”
“I
wish to make an appeal to you today as a patron of the organisation.
Let us reach out to the victims. Make 2017 a year of the victims,” the
CJI said.
We should not think that Muslims, Other Backward
Classes and Upper Castes have not voted us. They all have voted for BSP
as promised. But the votes are manipulated by BJP through electronic
voting machines (EVMs).
All
Agitate
against the scandal of EVMs. The victory of BJP is not from fair means.
BSP have got ample proof that they have tampered the EVMs to win the
electronics. They are guilty of their mischief. They will not allow this
to go unprotested. They will agitate against the misuse of EVMs on 11th
of
every month starting from next April. In Uttar Pradesh, this agitation
will be held in every district headquarter and in other states, it must
be held in state capitals. Slogan of the agitation will be “Ban EVMs to
stop the murder of democracy”.
They will also move the Supreme Court in
this regard. Agitations must continue till the further instructions.
The
EVMs were used first during the elections of 2002. In the initial
years, these machines were used promptly. But the tampering started only
in 2014 in favor of BJP and it has continued to the recent election of
2017. It was thought that the huge mandate given to the BJP was a reflection
of anti-Congress wave. But it was not so.
They have given 115 seats to OBCs and 99 seats to Muslims in the UP
election. They should have secured at least 50 seats each of OBCs and
Muslims. These communities are with the BSP even to this day and they
are utterly unhappy over the results. Hence, do not be under the
impression that they did not vote us. We should blame the failure on the
conspiracy of BJP’s tampering of EVMs for this disaster.
The
Sarvajan Samaj i.e., all societies are the real victims of this
Techno-logical, political, social crime and being circulated in the
social media that
the Supreme Court would order for re-polling. They are getting ready to
fight
the Parliament Election of 2019 and assembly elections in other states.
Foul
play of the corrupt media. Indian media – both print and electronic –
worked as the paid workers of BJP. These media people joined the
conspiracy of BJP to murder the democracy. They were not sincere in
performing their duty as journalists.
This
whole game-plan of BJP of tampering the EVMs is to frustrate Ms Mayawati and their
movement. They played this game to distance the OBCs and Muslims away
from their movement. She is not be frustrated
and will not allow others to get frustrated. She will break those
conspirators who try to break her.
She told that what people are today is the result of the
struggles of our ancestors. They did not get the fruits of their
struggle, but we are enjoying them. We are better than our earlier
generations due to the constitutional rights provided by Babasaheb
Ambedkar. But we, the SC/ST/OBCs and Religious Minorities, are yet to
get all the rights provided by him. We need to get the power to get the
fullest benefits. But the manuvadis will not allow us so easily to get
the power. They will play their dirty game to keep us away from the
power of implementing the constitution.
The
Government under Jawaharlal Nehru promised Babasaheb of their support
to pass the Hindu Code Bill in the Parliament. But they all opposed him
when it was tabled in the Parliament. He had to resign in protest as the
Law Minister in 1951. When he contested in the General Election of
1952, he was defeated by the Congress. There were no EVMs then and yet
he was defeated. How? They had managed to spoil as much number of votes
as he had secured over the Congress candidate. If they could defeat
Babasaheb Ambedkar, even when there was ballot paper system, will they
allow us so easily to win now? They will resort to any sort of mischief
to prevent us from coming to power. It is our work to find the ways and
means for every challenge we are faced with. We must prepare the Bahujan
Samaj in support of our movement.
Winning election and becoming MP/MLAs alone is not their goal. There must be change in the lives of our people. How can we
bring change unless we change ourselves? We must work as missionaries
for the betterment of next generations. If we do not struggle now, our
children will sure to become slaves once again in one or two
generations.We
cannot succeed in our mission unless we educate and unite all the
constituents of Bahujan Samaj. The OBCs are our own brothers and
sisters. They have been misguided to behave like duplicate Brahmins and
Kshatriyas. Kindly educate them about the struggles of Babasaheb
Ambedkar in getting them the Article 340 incorporated in Constitution.
The recommendations of Mandal Commission were implemented only because
of the struggles of BSP under the leadership of Manyawar Kanshi Ramji.
In 1990, when Mr. V.P. Singh sought the support of BSP to form his
Government in the Centre, we did not demand for any minister post in his
Cabinet. We asked him to implement the Mandal Commission
Recommendations and posthumous Bharat Ratna Award to Babasaheb Ambedkar.
He promised and implemented them promptly. The credit for implementing
the Mandal Commission Recommendations should be given to us. But we have
allowed someone else to take this credit.
The
leaders of BJP had opposed the implementation of Mandal Commission
Recommendations in 1990 and withdrew their support extended to Mr. V. P.
Singh then. How these opponents of OBCs have become the benefactors of
OBCs now? Mr. Narendra Modi claims himself as an OBC man. He belonged to
a community called Danchi, which is an equivalent caste of Theli, which
is an upper caste among Vyshyas in UP. He managed to include his
community in the OBC list in 2000 when he was the chief minister of
Gujarat. You must educate the OBCs about this historical truth.
Similarly,
the Muslims and Christians are the converts from SC/ST and OBC
communities. Why did they get converted? They wanted to get rid of the
discrimination in brahminical society and hence they left Hinduism. Are
they happy now? No. They are still the victims of discriminations as
they too are not yet secured the constitutional rights and protection.
Educate them that unless they join our movement, they cannot get their
due.
Organize State-level Seminar on April 14, 2017, the Babasaheb Ambedkar Jayanti.
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JUSTICE Karnan has taken the right decision to contact Ms Mayawati
supremo of BSP on whom EVMs were tampered to to defeat the movement of
the Chief Architect of our modern constitution Dr BR Ambedkar. Just
because Ms Mayawati is a scheduled caste but working for the sarvajan
samaj i.e., all societies and gave the best governance as CM of UP and
ultimately the PM of this country, it was not tolerated by the brahmins
in general and the chitpawa brahmins of RSS in particular. So they used
the fraud EVMs to destroy the movement in general and the SC/STs in
particular. Hence through a Techno-Politico-Socio Transformation and
Econommic emancipation movement, there must be a demand to dissolve
Central and state governments selected by these fraud EVMs and go for
fresh polls with paper ballots.
The ex CJI Sathasivam who
committed a grave error of judgement by ordering that the EVMs could be
replaced in a phased manner on the suggestion of ex CEC sampath and as a
result all the governments must be punished.
They must be asked
to pay the entire Central Government budget to Mayawati as a fine and
all those who oppose reservation to deprive the economy of the
downtrodden to book under atrocities act and sent jails.
18 Karnan reaches out to Mayawati To hold protests across country; BSP chief has promised support, says lawyer
Where there is an allegation of discrimination based on caste,its in
order for SC to appoint a Panel of unbiased foreign Judges to hear the
case.No Caste Judge can render justice to a Dalit who is supposed to be
harassed by the Caste System.
Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges india Updated: Mar 12, 2017 01:03 IST HT Correspondent HT Correspondent Hindustan Times, Kolkata Calcutta High Court
Calcutta high court judge CS Karnan stepped up his tirade against the
Supreme Court and his fellow judges on Saturday by releasing his written
allegations against two Madas high court judges. (Representative Photo)
Calcutta high court judge CS Karnan stepped up his tirade against the
Supreme Court and his fellow judges on Saturday by releasing his written
allegations against two Madas high court judges.
He alleged that
one had tampered records to get into service and amassed wealth through
unfair means while the other had raped an intern.
Justice Karnan
had made these allegations in 2013 and 2014. “I wrote to the chief
justice of Madras high court but no action has been taken against them. I
brought specific allegations against 20 judges. But while those 20 are
silent, a seven-member bench of the SC issued a warrant against me.
Today I openly admit that Indian judiciary is corrupt,” Karnan said at a
press conference at his residence .
“These seven judges don’t
know law. The SC did not apply mind. That’s why public confidence (in
the judiciary) is decreasing day by day,” he said.
Asked whether
he would appear before the SC on or before the deadline (March 31),
Karnan said “Why? For what purpose? This is a wrong order. It is out of
law.”
On Friday, Karnan had signed an order in front of the
media at his residence, directing the Central Bureau of Investigation to
“register, investigate and file a report before the appropriate court
of law under Article 226 read with Section 482 CrPC to prevent abuse of
process of any court….”
“I am a sitting high court judge. Any
place where I sit and pass an order becomes the court,” Karnan said.
Asked whether he had the power to issue a directive even to the
President, he however said: “I have humbly appealed to President. Who
can direct the President of India?” Later he changed the word “direct”
to “request.”
When he was asked whether the director general of
Bengal Police, who is supposed to execute the warrant, or the CBI had
got in touch with him, Karnan said, “Not so far.” One of his associates,
a lawyer of the Madras HC, said copies of Karnan’s order had been sent
to the CBI as well as the judges of the SC.
Asked whether it was
appropriate for a sitting judge to talk to the media, Justice Karnan
said, “It is a national issue. It should reach the people. Let there be
transparency. What’s the secret? Nobody takes a suo motu warrant against
a sitting judge.”
KOLKATA:
One hundred policemen led by the Bengal DGP had to retreat from Justice
C S Karnan’s New Town residence on Friday after the Calcutta high
court…
JUSTICE
Karnan has taken the right decision to contact Ms Mayawati supremo of
BSP on whom EVMs were tampered to to defeat the movement of the Chief
Architect of our modern constitution Dr BR Ambedkar. Just because Ms
Mayawati is a scheduled caste but working for the sarvajan samaj i.e.,
all societies and gave the best governance as CM of UP and ultimately
the PM of this country, it was not tolerated by the brahmins in general
and the chitpawa brahmins of RSS in particular. So
they used the fraud EVMs to destroy the movement in general and the
SC/STs in particular. Hence through a Techno-Politico-Socio
Transformation and Econommic emancipation movement, there must be a
demand to dissolve Central and state governments selected by these fraud
EVMs and go for fresh polls with paper ballots.
The ex CJI Sathasivam who committed a grave error of judgement by
ordering that the EVMs could be replaced in a phased manner on the
suggestion of ex CEC sampath and as a result all the governments must be
punished.
They must be asked to pay the entire Central
Government budget to Mayawati as a fine and all those who oppose
reservation to deprive the economy of the downtrodden to book under
atrocities act and sent jails.
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IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
CIVIL
APPEAL NO.**** OF 2017
(Arising
out of SLP (Civil) No. 13735 of 2012)
Bahujan Samaj Party
….
Appellant(s)
Versus
Ex CJI Sathasivam Ex Election
Commission of India Sampath
….
Respondent(s) Narendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,
WITH
WRIT
PETITION (C) NO. 406 OF 2012
J U D G M
E N T
P.
Sathasivam, CJI for Ballot Paprers until entire EVMs/VVPAT are replaced
1)
Leave
granted.
Civil
Appeal @ SLP (C) No. 13735 of 2012
2)
This
appeal is directed against the judgment and order
dated
17.01.2012 passed by the Division Bench of the High
Court of
Delhi at New Delhi in W.P.(C) No. 11879 of 2009
whereby
the High Court disposed of the petition by
disallowing
the prayer made by the appellant herein for
issuance
of a writ of
mandamus
directing
the Election
Commission
of India (ECI)-Respondent herein to incorporate
a system
of Paper Ballots until entire “paper trail/paper receipt” in the Electronic
Voting
Machines (EVMs) as a convincing proof that the EVM
has
rightly registered the vote cast by a voter in favour of a
particular
candidate.
Being
aggrieved of the above, the present appeal has
been
filed by way of special leave.
Writ
Petition (Civil) No. 406 of 2012
4)
One
Jgatheesan Chandrasekharan, R Muniappa, Gopinath, Dr Ashok Siddharth, Rajendra Satyanarayan Gilda has filed this Writ
Petition,
under Article 32 of the Constitution of India, praying
for
issuance of a writ of
mandamus/
direction(s)
directing the
Union of
IndiaNarendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,
respectively
to effect the necessary modifications in the
EVMs so
as to allow the voters to verify their respective votes
and to
attach the printers to the EVMs with a facility to print
the
running record of the votes for the purpose of verification
by the
voters in the process of voting. He also prayed for a
Page
3
direction
to frame guidelines and to effect necessary
amendments
in the Conduct of Election Rules, 1961.
5)
In view
of the pendency of the appeal filed by Dr.
Subramanian
Swamy, this Court issued notice in the writ
petition
and tagged with the said appeal.
6)
Heard Dr.
Subramanian Swamy, appellant-in-person in
the
appeal, Dr. R.R. Deshpande, learned counsel for the writ
petitioner,
Mr. Ashok Desai and Ms. Meenakshi Arora, learned
senior
counsel for the ECI.
Contentions:
7)
Dr.
Subramanian Swamy, the appellant herein
contended
before this Court that the present system of
EVMs, as
utilized in the last few general elections in India,
does not
meet all the requirements of the international
standards
and though the ECI maintains that the EVMs
cannot be
tampered with, but the fact is that EVMs, like all
electronic
equipments, are open to hacking.
8)
The
appellant has further highlighted that the instant
matter
arises out of the refusal of the ECI to incorporate a
certain
obvious safeguard in the EVMs called “paper
backup”,
“paper receipt” or “paper trail”, presently in use
and
mandated in some countries like USA, which would easily
and
cheaply meet the requirement of proof that the EVM has
rightly
registered the vote cast by a voter. The appellant has
further
highlighted that the “paper trail” system is to
supplement
the procedure of voting as in this procedure,
after
recording a vote in the EVM, a print out will come out
which
will appraise the voter that his vote has been rightly
registered
and the same will be deposited in a box which can
only be used
by the ECI in case of election dispute.
9)
It is the
categorical stand of the appellant that the
above
said system will bring more accuracy in the present
system
and if a particular election is challenged on the
ground
that some particular identified voter’s voter or the
votes of
a group of voters have been suppressed/have not
been
correctly assigned by the EVMs, the accepted current
procedure
is for a re-run of the same EVMs for a re-count,
however,
under the new procedure, a re-count will be of the
receipts
in the ballot box containing the printouts the EVMs
5
had
issued to the voter thereby ensuring more transparency
in the
process.
10)
The writ
petitioner has also raised similar contentions as
those of
Dr. Swamy. According to the petitioner, in the
present
system of voting through EVMs, there is no such
facility
by which a voter can verify and confirm his own
voting.
At present, a voter presses a button only but cannot
ascertain
the actual voting. He is not sure whether his vote
is
recorded or not, if recorded, whether it is recorded in
favour of
the person to whom it was intended or not.
Whether
it is valid or invalid and whether it is counted or not.
It is
submitted by the petitioner that unless and until answers
to these
questions are personally seen by the voter, it cannot
be said
that voting is made by him because “pressing a
button of
choice and getting flashed the red-light” is not
actual
voting in real sense unless the voter knows well that
what has happened
in consequence of pressing a button of
his
choice from the EVMs.
Stand of
the Election Commission of India
Page
6
11)
Mr. Ashok
Desai, learned senior counsel for the ECI
submitted
that the apprehension that EVMs could be
tampered
with is baseless. It was also informed to this Court
that the
ECI has been exploring the possibility of
incorporating
a viable Voter Verifiable Paper Audit Trail
(VVPAT)
system as a part of the presently used EVMs to
make the
election system more transparent. Further, it was
brought
to our notice that the ECI conducted field trials for
VVPAT
system earlier also but the same had not been
successful
and were discontinued. The ECI also filed a
counter
affidavit stating that the EVMs provided by the
Commission
are of such a high end technology that it cannot
be
hacked.
12)
Referring to Section 61A of the Representation of the
People
Act, 1951, it is submitted that the Statute itself
provides
for recording of votes by EVMs and the ECI has been
given the
discretion to prescribe recording of votes by such
EVMs as
it may deem fit. This discretion has to be exercised
in a
manner to preserve the sanctity of the election process
and
ensure that the election is conducted in a free and fair
6
Heard Dr.
Subramanian Swamy, appellant-in-person in
the
appeal, Dr. R.R. Deshpande, learned counsel for the writ
petitioner,
Mr. Ashok Desai and Ms. Meenakshi Arora, learned
senior
counsel for the ECI.
Contentions:
7)
Dr.
Subramanian Swamy, the appellant herein
contended
before this Court that the present system of
EVMs, as
utilized in the last few general elections in India,
does not
meet all the requirements of the international
standards
and though the ECI maintains that the EVMs
cannot be
tampered with, but the fact is that EVMs, like all
electronic
equipments, are open to hacking.
8)
The
appellant has further highlighted that the instant
matter
arises out of the refusal of the ECI to incorporate a
certain
obvious safeguard in the EVMs called “paper
backup”,
“paper receipt” or “paper trail”, presently in use
and
mandated in some countries like USA, which would easily
and
cheaply meet the requirement of proof that the EVM has
rightly
registered the vote cast by a voter. The appellant has
further
highlighted that the “paper trail” system is to
supplement
the procedure of voting as in this procedure,
after
recording a vote in the EVM, a print out will come out
which
will appraise the voter that his vote has been rightly
registered
and the same will be deposited in a box which can
only be used
by the ECI in case of election dispute.
9)
It is the
categorical stand of the appellant that the
above
said system will bring more accuracy in the present
system
and if a particular election is challenged on the
ground
that some particular identified voter’s voter or the
votes of
a group of voters have been suppressed/have not
been
correctly assigned by the EVMs, the accepted current
procedure
is for a re-run of the same EVMs for a re-count,
however,
under the new procedure, a re-count will be of the
receipts
in the ballot box containing the printouts the EVMs
5
had
issued to the voter thereby ensuring more transparency
in the
process.
10)
The writ
petitioner has also raised similar contentions as
those of
Dr. Swamy. According to the petitioner, in the
present
system of voting through EVMs, there is no such
facility
by which a voter can verify and confirm his own
voting.
At present, a voter presses a button only but cannot
ascertain
the actual voting. He is not sure whether his vote
is
recorded or not, if recorded, whether it is recorded in
favour of
the person to whom it was intended or not.
Whether
it is valid or invalid and whether it is counted or not.
It is
submitted by the petitioner that unless and until answers
to these
questions are personally seen by the voter, it cannot
be said
that voting is made by him because “pressing a
button of
choice and getting flashed the red-light” is not
actual
voting in real sense unless the voter knows well that
what has happened
in consequence of pressing a button of
his
choice from the EVMs.
Stand of
the Election Commission of India
Page
6
11)
Mr. Ashok
Desai, learned senior counsel for the ECI
submitted
that the apprehension that EVMs could be
tampered
with is baseless. It was also informed to this Court
that the
ECI has been exploring the possibility of
incorporating
a viable Voter Verifiable Paper Audit Trail
(VVPAT)
system as a part of the presently used EVMs to
make the
election system more transparent. Further, it was
brought
to our notice that the ECI conducted field trials for
VVPAT
system earlier also but the same had not been
successful
and were discontinued. The ECI also filed a
counter
affidavit stating that the EVMs provided by the
Commission
are of such a high end technology that it cannot
be
hacked.
12)
Referring to Section 61A of the Representation of the
People
Act, 1951, it is submitted that the Statute itself
provides
for recording of votes by EVMs and the ECI has been
given the
discretion to prescribe recording of votes b
y such
EVMs as
it may deem fit. This discretion has to be exercised
in a
manner to preserve the sanctity of the election process
and
ensure that the election is conducted in a free and fair
6
Page
7
manner. The ECI has exercised due diligence to ensure that
EVMs so used are “tamper proof” and it is also in the process
of exploring to incorporate VVPAT system which is
compatible with the present EVMs used by it. It is asserted
that there is no instance of tampering with EVMs so far by
anyone.
13)
It is further submitted that the EVMs used in India are
unique and unlike the ones used in the elections in USA and
other countries, which are personal computer based. EVMs
deployed by the ECI have been lauded not only in India but
also abroad. EVM’s Control Unit retains in the memory each
vote recorded elector-wise. The information stored in the
memory of the Control Unit can be retrieved by using a
device called the “decoder” which, when attached to the
Control Unit of EVM, can print out the statement of voting
data showing the order in which each voter has voted and to
whom he has voted.
14)
Insofar as the transparency of the election process as
well as the right of a voter to know whether his vote has
actually been recorded for the candidate for whom it was
7
Page
8
cast is concerned, it is submitted that as soon as a vote is
recorded by a voter by pressing the “candidate’s” button on
the Ballot Unit, a light glows against the name and symbol of
the candidate, which the voter can see for himself/ herself.
This is a visual (electronic) assurance to the voter that the
candidate for whom he has cast his vote has actually got that
vote. Thereafter, the light goes off to protect the secrecy of
voting.
15)
It is further submitted that the feasibility of VVPAT
system was sought to be explored to by various political
parties and they were explained the technical and
administrative safeguards. The ECI also constituted a
Technical Experts Committee to examine the viability of the
VVPAT system. On 27.05.2011, the Technical Experts
Committee, after discussion with political parties and civil
society members and also after seeing the demonstration of
the prototype VVPAT system developed by M/s. Bharat
Electronics Ltd. (BEL) and M/s. Electronics Corporation of
India Ltd. (ECIL), recommended that a field test of the
prototype VVPAT system should be carried out in a simulated
8
Page
9
election under different environmental conditions in
Jaisalmer, Thiruvananthapuram, Delhi, Leh and Cherapunji.
The ECI also held further meetings with the manufacturers of
EVMs on various dates to fine tune the system and expedite
the follow up action required. Several meetings were also
held with the Expert Committee on VVPAT system.
16)
In wider fulfillment of the objectives of the field trial, the
ECI has requested the National and State parties to extend
necessary cooperation by getting involved in the trial process
actively and also witness the trial in order to have a first
hand experience of the system. The ECI has also requested
the individuals including the appellant – Dr. Subramanian
Swamy and the groups, who have been engaged with the ECI
on the issue of EVM-VVPAT, to witness the trial.
17) We have carefully perused the relevant materials and
considered the rival contentions.
Discussion
18)
When the matter was listed before this Court for
hearing on 27.09.2012, Mr. Ashok Desai had brought to our
notice that the ECI is contemplating foolproof method in
9
Page
10
EVMs for which they are taking various steps in consultation
with the Technical Experts Committee and the views of all
recognized political parties. Mr. Desai also promised to
appraise this Court about the deliberations and the ultimate
decision to be taken by them in this regard. Accordingly, this
Court granted sufficient time to the ECI to file Status Report
regarding introduction of VVPAT system in EVMs to be used
in the elections.
19)
Pursuant to the directions of this Court, the ECI filed a
Status Report on the developments of VVPAT system. In the
said report, the ECI, citing various technicalities, prayed for
further time to make the system more robust for the field
conditions.
20)
On 15.12.2012, M/s BEL, Bangalore filed a report
showing the status of development of VVPAT system which
contains changes that have been carried out in VVPAT from
September to December, 2012 and also furnished
chronological changes made in VVPAT system after the field
trial of the VVPAT system held in July and August, 2012.
10
Page
11
21)
Pursuant to the directions of this Court, the Secretary,
ECI, filed an affidavit highlighting the following steps/
information:
“
(i)
That vide its Affidavit dated 14.01.2013, the
Commission had filed the status report regarding
introduction of the VVPAT system in the Electronic
Voting Machines (EVMs).
(ii)
That subsequently, in the Technical Expert
Committee meeting held on 04.02.2013, the
Committee approved the design of the VVPAT and
decided that software fine tuning will be done and
completed by the end of February, 2013, and
modified design specifications will be submitted to
the Technical Expert Committee for approval.
The Committee also recommended that the
Commission may for using the VVPAT and that the
VVPAT should be tried in a bye-election.
(iii)
That in the Technical Expert Committee
meeting held on 19.02.2013, the Committee
finalized the VVPAT design.
The manufacturers, namely, M/s. Bharat Electronics
Limited and M/s. Electronics Corporation of India
Limited have quoted Rs. 16,200/- (excluding duties,
taxes and transport charges) per VVPAT system.
The Commission has decided to purchase sufficient
units of VVPAT for trials in a Bye-election, at an
approximate cost of Rs.72,90,000/- (Rupees seventy
two lakh ninety thousand) approximately.
(iv)
It is submitted that the Commission will
require approximately 13 lakh VVPAT units to be
manufactures for 13 lakh EVMs presently available
and roughly about Rs. 1690 crores (One Thousand
Six Hundred Ninety Crores)(i.e. 13 lakh units x
Rs.13,000 per unit) are required for the purpose of
implementation of the VVPAT system taking into
account the possible reduction in the cost per unit
when produced in bulk.
(v)
It is further submitted that in order to
implement the new system the Conduct of Election
Rules, 1961 will require certain amendments.
In this connection, vide letter No.
3/1/2013/Vol.II/SDR/86 dated 28.03.2013, the
11
Page
12
Commission has informed the Legislative
Department of the Ministry of Law and Justice
inter
alia
the various amendments required to the
relevant parts of Rules 49A to 49X, 66A, 55C, 56C,
57C and Form 17C of the Conduct of Elections Rules,
1961, as well as introduction of Rules 49MA and 56D
in the said Rules…
(vi)
That the Commission has called for a meeting
of all the recognized National and State Parties on
10
th
May, 2013 for the purpose of demonstration of
VVPAT unit to them and for discussion with them for
eliciting their views regarding use of VVPAT system
in the elections. The petitioner herein and others
interested in the matter would also be invited at the
meeting.”
22)
It is seen from the records that after various
deliberations with the experts and persons concerned with
the technology, the Technical Experts Committee approved
the final design of VVPAT units in its meeting held on
19.01.2013. In order to meet the directions of this Court and
for proper execution of VVPAT system, as noticed above, the
ECI in its letter dated 28.03.2013, addressed to the Secretary
to the Government of India, Ministry of Law and Justice stated
that necessary ground work for amendment to the Conduct
of Election Rules, 1961 (in relevant parts in Rules 49A to 49X,
66A, 55C, 56C, 57C and Form 17C) may be made so that the
amendment to the Rules can be notified immediately which
12
Page
13
will enable the ECI to use the VVPAT system in bye-elections
in consultation with the political parties. By placing all those
materials, the ECI requested the Ministry of Law and Justice
for drafting and notifying amendment Rules expeditiously.
23)
From the materials placed by the ECI, it is noted that
the purchase order has been placed with M/s BEL and M/s
ECIL for supplying 150 and 300 VVPAT units respectively at
Rs. 16,200/- per unit excluding excise duty, sales tax and
transportation etc. costing Rs. 72,90,000/- (approx.). The ECI
has also highlighted that if the VVPAT systems are ultimately
to be used with all the 13 lakh EVMs available, the total cost
in the purchase of VVPAT units may come to about Rs. 1,690
crores, taking into account the possible reduction in the cost
per unit due to bulk production the cost may come to Rs.
13,000/- per unit approximately.
24)
The affidavit dated 21.08.2013, filed on behalf of the
ECI, shows that the Ministry of Law and Justice, on
24.07.2013, referred the draft notification to amend the
Conduct of Election Rules, 1961 to provide for use of VVPAT
system of elections to the ECI for its views and comments.
13
Page
14
The ECI suggested certain minor modifications in the draft
notification and sent the same back to the Ministry of Law
and Justice on 02.08.2013 with a request to notify the
amendment Rules at the earliest. Accordingly, the Ministry
of Law and Justice notified the amendments to the Conduct
of Election Rules, 1961 in the Gazette of India vide
notification No. S.O. 2470(E) dated 14.08.2013 to enable use
of VVPAT with EVMs.
25)
The aforesaid affidavit of the ECI also shows that the
ECI had also convened a meeting of all the recognized
National and State political parties on 10.05.2013 and
demonstrated before their representatives the working of
VVPAT system. Separately, on the same day, the ECI also
held a meeting with individuals including the appellant
herein who had been engaged with the ECI over the past
several years regarding the functioning of EVMs. VVPAT
system was demonstrated before them as well.
Representatives of political parties and other individuals
expressed their satisfaction over the VVPAT system.
Thereafter, the ECI had decided to use the VVPAT system in
14
Page
15
the bye-election from 51-Noksen (ST) Assembly Constituency
in the State of Nagaland. Instructions were issued to hold
special meetings with the contesting candidates in that
constituency to brief them about the use of VVPAT system.
The ECI also organized special training sessions for poll
officers for the use of VVPAT and steps were taken to
educate the electors for the same.
26)
After various hearings, when the matter was heard on
4.10.2013, an affidavit dated 01.10.2013 filed on behalf of
the ECI was placed before this Court. The said affidavit was
filed to place on record the performance/result of the
introduction of the VVPAT system in the bye-election from
51-Noksen (ST) Assembly Constituency of Nagaland for which
the poll was conducted on 04.09.2013 indicating the future
course of action to be decided by the ECI on the basis of said
performance. By this affidavit, it was brought to our notice
that since VVPAT system was being used for the first time,
the ECI has decided that intensive training shall be given to
the polling officers. Members of the Technical Experts
Committee of the ECI also went to supervise training and the
Page
16
actual use of VVPAT in the bye-election. It is further stated
that the ECI also wrote letters to all the recognized political
parties and other persons, including the appellant herein,
engaged with the ECI on this subject inviting them to witness
the use of VVPAT. It is also brought to our notice that VVPAT
was successfully used in all the 21 polling stations of 51-
Noksen (ST) Assembly Constituency of Nagaland. It was also
stated that as per the Rules, the paper slips of VVPAT shall
not be counted normally except in case the Returning Officer
decides to count them on an application submitted by any of
the candidates. However, since VVPAT system was being
used for the first time in any election, the ECI decided on its
own to count paper slips of VVPAT in respect of all polling
stations. According to the ECI, no discrepancy was found
between the electronic and paper count.
27)
In the said affidavit, it is finally stated that the ECI has
decided to increase the use of VVPAT units in a phased
manner and for this purpose the ECI has already written to
the Government of India, Ministry of Law and Justice to issue
administrative and financial sanction for procurement of
16
Page
17
20,000 units of VVPAT (10,000 each from M/s BEL and M/s
ECIL) costing about Rs. 38.01 crore.
28)
Though initially the ECI was little reluctant in
introducing “paper trail” by use of VVPAT, taking note of the
advantage in the system as demonstrated by Dr.
Subramanian Swamy, we issued several directions to the
ECI . Pursuant to the same, the ECI contacted several expert
bodies, technical advisers, etc. They also had various
meetings with National and State level political parties,
demonstrations were conducted at various places and finally
after a thorough examination and full discussion, VVPAT was
used successfully in all the 21 polling stations of 51-Noksen
(ST) Assembly Constituency of Nagaland. The information
furnished by the ECI, through the affidavit dated 01.10.2013,
clearly shows that VVPAT system is a successful one. We
have already highlighted that VVPAT is a system of printing
paper trail when the voter casts his vote, in addition to the
electronic record of the ballot, for the purpose of verification
of his choice of candidate and also for manual counting of
votes in case of dispute.
17
Page
18
29)
From the materials placed by both the sides, we are
satisfied that the “paper trail” is an indispensable
requirement of free and fair elections. The confidence of the
voters in the EVMs can be achieved only with the
introduction of the “paper trail”. EVMs with VVPAT system
ensure the accuracy of the voting system. With an intent to
have fullest transparency in the system and to restore the
confidence of the voters, it is necessary to set up EVMs with
VVPAT system because vote is nothing but an act of
expression which has immense importance in democratic
system.
30)
In the light of the above discussion and taking notice of
the pragmatic and reasonable approach of the ECI and
considering the fact that in general elections all over India,
the ECI has to handle one million (ten lakhs) polling booths,
we permit the ECI to introduce the same in gradual stages or
geographical-wise in the ensuing general elections. The
area, State or actual booth(s) are to be decided by the ECI
and the ECI is free to implement the same in a phased
Page
19
manner. We appreciate the efforts and good gesture made
by the ECI in introducing the same.
31)
For implementation of such a system (VVPAT) in a
phased manner, the Government of India is directed to
provide required financial assistance for procurement of units
of VVPAT.
32)
Before parting with the case, we record our appreciation
for the efforts made by Dr. Subramanian Swamy as well as
the ECI, in particular Mr. Ashok Desai and Ms. Meenakshi
Arora, learned senior counsel for the ECI.
33)
With the above directions, the appeal and the writ
petition are disposed of. No separate order is required in the
applications for intervention. Both sides are permitted to
approach this Court for further direction(s), if need arises.
………………………………………….CJI
(P. SATHASIVAM)
………………………………………..J.
(RANJAN GOGOI)
19
20
NEW DELHI;
OCTOBER 8, 2013.
“What the results Uttar Pradesh Assembly meant us?”
Behanji’s Address to the BSP workers on Mar. 15, 2017, the 83rd Jayanti of Manyawar Kanshi Ram held at the Party Headquarters, Lucknow.
Failure is not a failure, but a great lesson. We might have got fewer seats, but vote-wise we are in the second position and we got more votes than the previous election. We should not think that Muslims, Other Backward Classes and Upper Castes have not voted us. They all have voted for BSP as promised. But the votes are manipulated by BJP through electronic voting machines (EVMs).
Agitation against the scandal of EVMs. The victory of BJP is not from fair means. We have got ample proof that they have tampered the EVMs to win the electronics. They are guilty of their mischief. We will not allow this to go unprotested. We will agitate against the misuse of EVMs on 11th of every month starting from next April. In Uttar Pradesh, this agitation will be held in every district headquarter and in other states, it must be held in state capitals. Slogan of the agitation will be “Ban EVMs to stop the murder of democracy”. Materials required for the agitation will be given to all the workers. We will also move the Supreme Court in this regard. Agitations must continue till the further instructions.
The EVMs were used first during the elections of 2002. In the initial years, these machines were used promptly. But the tampering started only in 2014 in favor of BJP and it has continued to the recent election of 2017. We thought that the huge mandate given to the BJP was a reflection of anti-Congress wave. But it was not so.
We have given 115 seats to OBCs and 99 seats to Muslims in the UP election. We should have secured at least 50 seats each of OBCs and Muslims. These communities are with the BSP even to this day and they are utterly unhappy over the results. Hence, do not be under the impression that they did not vote us. We should blame the failure on the conspiracy of BJP’s tampering of EVMs for this disaster.
Do not be a victim of gossips being circulated in the social media that the Supreme Court would order for re-polling. Let us get ready to fight the Parliament Election of 2019 and assembly elections in other states.
Foul play of the corrupt media. Indian media – both print and electronic – worked as the paid workers of BJP. These media people joined the conspiracy of BJP to murder the democracy. They were not sincere in performing their duty as journalists.
This whole game-plan of BJP of tampering the EVMs is to frustrate me and our movement. They played this game to distance the OBCs and Muslims away from our movement. Please keep it in mind that I will not be frustrated and I will not allow you to get frustrated. I will break those conspirators who try to break me.
MESSAGE TO THE PARTY WORKERS:
I would like to tell you that what we are today is the result of the struggles of our ancestors. They did not get the fruits of their struggle, but we are enjoying them. We are better than our earlier generations due to the constitutional rights provided by Babasaheb Ambedkar. But we, the SC/ST/OBCs and Religious Minorities, are yet to get all the rights provided by him. We need to get the power to get the fullest benefits. But the manuvadis will not allow us so easily to get the power. They will play their dirty game to keep us away from the power of implementing the constitution.
The Government under Jawaharlal Nehru promised Babasaheb of their support to pass the Hindu Code Bill in the Parliament. But they all opposed him when it was tabled in the Parliament. He had to resign in protest as the Law Minister in 1951. When he contested in the General Election of 1952, he was defeated by the Congress. There were no EVMs then and yet he was defeated. How? They had managed to spoil as much number of votes as he had secured over the Congress candidate. If they could defeat Babasaheb Ambedkar, even when there was ballot paper system, will they allow us so easily to win now? They will resort to any sort of mischief to prevent us from coming to power. It is our work to find the ways and means for every challenge we are faced with. We must prepare the Bahujan Samaj in support of our movement.
Please keep it in mind that winning election and becoming MP/MLAs alone is not our goal. We must bring change in the lives of our people. How can we bring change unless we change ourselves? We must work as missionaries for the betterment of next generations. If we do not struggle now, our children will sure to become slaves once again in one or two generations.
We cannot succeed in our mission unless we educate and unite all the constituents of Bahujan Samaj. The OBCs are our own brothers and sisters. They have been misguided to behave like duplicate Brahmins and Kshatriyas. Kindly educate them about the struggles of Babasaheb Ambedkar in getting them the Article 340 incorporated in Constitution. The recommendations of Mandal Commission were implemented only because of the struggles of BSP under the leadership of Manyawar Kanshi Ramji. In 1990, when Mr. V.P. Singh sought the support of BSP to form his Government in the Centre, we did not demand for any minister post in his Cabinet. We asked him to implement the Mandal Commission Recommendations and posthumous Bharat Ratna Award to Babasaheb Ambedkar. He promised and implemented them promptly. The credit for implementing the Mandal Commission Recommendations should be given to us. But we have allowed someone else to take this credit.
The leaders of BJP had opposed the implementation of Mandal Commission Recommendations in 1990 and withdrew their support extended to Mr. V. P. Singh then. How these opponents of OBCs have become the benefactors of OBCs now? Mr. Narendra Modi claims himself as an OBC man. He belonged to a community called Danchi, which is an equivalent caste of Theli, which is an upper caste among Vyshyas in UP. He managed to include his community in the OBC list in 2000 when he was the chief minister of Gujarat. You must educate the OBCs about this historical truth.
Similarly, the Muslims and Christians are the converts from SC/ST and OBC communities. Why did they get converted? They wanted to get rid of the discrimination in brahminical society and hence they left Hinduism. Are they happy now? No. They are still the victims of discriminations as they too are not yet secured the constitutional rights and protection. Educate them that unless they join our movement, they cannot get their due.
You should not conduct public programs like bike rally, dharna, etc., as these would alert only your enemies. Go for close door cadre classes with 100-150 people and prepare them. You can launch struggles when they are required and when we instruct you.
INSTRUCTIONS TO THE WORKERS OF OTHER STATES
The defeat of BSP in UP is also due to your non-performance in your states. Manuvadis thought that BSP was powerful only in UP as there was no presence of BSP in other states. Hence, they put all their strength in UP and defeated us. Kindly, take efforts to build the party in other states too. Realize your responsibilities. Learn to think and behave like BSP missionaries to strengthen our party. Keep working for the unity of all the castes and communities.
Review the committees and change those who are not performing well. Enroll all those committee members every year.
Never go after media for publicity. The media will only work against us as I already told you.
Organize State-level Seminar on April 14, 2017, the Babasaheb Ambedkar Jayanti.
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JUSTICE Karnan has taken the right decision to contact Ms Mayawati
supremo of BSP on whom EVMs were tampered to to defeat the movement of
the Chief Architect of our modern constitution Dr BR Ambedkar. Just
because Ms Mayawati is a scheduled caste but working for the sarvajan
samaj i.e., all societies and gave the best governance as CM of UP and
ultimately the PM of this country, it was not tolerated by the brahmins
in general and the chitpawa brahmins of RSS in particular. So they used
the fraud EVMs to destroy the movement in general and the SC/STs in
particular. Hence through a Techno-Politico-Socio Transformation and
Econommic emancipation movement, there must be a demand to dissolve
Central and state governments selected by these fraud EVMs and go for
fresh polls with paper ballots.
The ex CJI Sathasivam who
committed a grave error of judgement by ordering that the EVMs could be
replaced in a phased manner on the suggestion of ex CEC sampath and as a
result all the governments must be punished.
They must be asked
to pay the entire Central Government budget to Mayawati as a fine and
all those who oppose reservation to deprive the economy of the
downtrodden to book under atrocities act and sent jails.
18 Karnan reaches out to Mayawati To hold protests across country; BSP chief has promised support, says lawyer
Where there is an allegation of discrimination based on caste,its in
order for SC to appoint a Panel of unbiased foreign Judges to hear the
case.No Caste Judge can render justice to a Dalit who is supposed to be
harassed by the Caste System.
Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges india Updated: Mar 12, 2017 01:03 IST HT Correspondent HT Correspondent Hindustan Times, Kolkata Calcutta High Court
Calcutta high court judge CS Karnan stepped up his tirade against the
Supreme Court and his fellow judges on Saturday by releasing his written
allegations against two Madas high court judges. (Representative Photo)
Calcutta high court judge CS Karnan stepped up his tirade against the
Supreme Court and his fellow judges on Saturday by releasing his written
allegations against two Madas high court judges.
He alleged that
one had tampered records to get into service and amassed wealth through
unfair means while the other had raped an intern.
Justice Karnan
had made these allegations in 2013 and 2014. “I wrote to the chief
justice of Madras high court but no action has been taken against them. I
brought specific allegations against 20 judges. But while those 20 are
silent, a seven-member bench of the SC issued a warrant against me.
Today I openly admit that Indian judiciary is corrupt,” Karnan said at a
press conference at his residence .
“These seven judges don’t
know law. The SC did not apply mind. That’s why public confidence (in
the judiciary) is decreasing day by day,” he said.
Asked whether
he would appear before the SC on or before the deadline (March 31),
Karnan said “Why? For what purpose? This is a wrong order. It is out of
law.”
On Friday, Karnan had signed an order in front of the
media at his residence, directing the Central Bureau of Investigation to
“register, investigate and file a report before the appropriate court
of law under Article 226 read with Section 482 CrPC to prevent abuse of
process of any court….”
“I am a sitting high court judge. Any
place where I sit and pass an order becomes the court,” Karnan said.
Asked whether he had the power to issue a directive even to the
President, he however said: “I have humbly appealed to President. Who
can direct the President of India?” Later he changed the word “direct”
to “request.”
When he was asked whether the director general of
Bengal Police, who is supposed to execute the warrant, or the CBI had
got in touch with him, Karnan said, “Not so far.” One of his associates,
a lawyer of the Madras HC, said copies of Karnan’s order had been sent
to the CBI as well as the judges of the SC.
Asked whether it was
appropriate for a sitting judge to talk to the media, Justice Karnan
said, “It is a national issue. It should reach the people. Let there be
transparency. What’s the secret? Nobody takes a suo motu warrant against
a sitting judge.”
KOLKATA:
One hundred policemen led by the Bengal DGP had to retreat from Justice
C S Karnan’s New Town residence on Friday after the Calcutta high
court…
JUSTICE
Karnan has taken the right decision to contact Ms Mayawati supremo of
BSP on whom EVMs were tampered to to defeat the movement of the Chief
Architect of our modern constitution Dr BR Ambedkar. Just because Ms
Mayawati is a scheduled caste but working for the sarvajan samaj i.e.,
all societies and gave the best governance as CM of UP and ultimately
the PM of this country, it was not tolerated by the brahmins in general
and the chitpawa brahmins of RSS in particular. So
they used the fraud EVMs to destroy the movement in general and the
SC/STs in particular. Hence through a Techno-Politico-Socio
Transformation and Econommic emancipation movement, there must be a
demand to dissolve Central and state governments selected by these fraud
EVMs and go for fresh polls with paper ballots.
The ex CJI Sathasivam who committed a grave error of judgement by
ordering that the EVMs could be replaced in a phased manner on the
suggestion of ex CEC sampath and as a result all the governments must be
punished.
They must be asked to pay the entire Central
Government budget to Mayawati as a fine and all those who oppose
reservation to deprive the economy of the downtrodden to book under
atrocities act and sent jails.
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IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
CIVIL
APPEAL NO.**** OF 2017
(Arising
out of SLP (Civil) No. 13735 of 2012)
Bahujan Samaj Party
….
Appellant(s)
Versus
Ex CJI Sathasivam Ex Election
Commission of India Sampath
….
Respondent(s) Narendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,
WITH
WRIT
PETITION (C) NO. 406 OF 2012
J U D G M
E N T
P.
Sathasivam, CJI for Ballot Paprers until entire EVMs/VVPAT are replaced
1)
Leave
granted.
Civil
Appeal @ SLP (C) No. 13735 of 2012
2)
This
appeal is directed against the judgment and order
dated
17.01.2012 passed by the Division Bench of the High
Court of
Delhi at New Delhi in W.P.(C) No. 11879 of 2009
whereby
the High Court disposed of the petition by
disallowing
the prayer made by the appellant herein for
issuance
of a writ of
mandamus
directing
the Election
Commission
of India (ECI)-Respondent herein to incorporate
a system
of Paper Ballots until entire “paper trail/paper receipt” in the Electronic
Voting
Machines (EVMs) as a convincing proof that the EVM
has
rightly registered the vote cast by a voter in favour of a
particular
candidate.
Being
aggrieved of the above, the present appeal has
been
filed by way of special leave.
Writ
Petition (Civil) No. 406 of 2012
4)
One
Jgatheesan Chandrasekharan, R Muniappa, Gopinath, Dr Ashok Siddharth, Rajendra Satyanarayan Gilda has filed this Writ
Petition,
under Article 32 of the Constitution of India, praying
for
issuance of a writ of
mandamus/
direction(s)
directing the
Union of
IndiaNarendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,
Party posts have been reassigned to include more OBCs, who abandoned the BSP during the recent Assembly elections
After a dismal showing in Uttar Pradesh elections, the Bahujan Samaj
Party has wasted no time and is back to the drawing board to stitch
together a rainbow coalition of castes with a special focus on the Other
Backward Communities, which observers feel deserted it in large
numbers.
The BSP had experimented with a SC/ST-Muslim combination
for the Assembly polls even as a number of leaders belonging to the
backward castes jumped ship to join the BJP.
The party has re-organised its community-based bhaichara (brotherhood) committees and assigned duties to top leaders to increase presence among various castes.
Office bearers
The rainbow caste alliances are also
reflected in the party’s choices for posts in the legislature. Senior
leader Lalji Verma has been nominated leader of the Legislature Party.
Mr. Verma, a four-time MLA and former minister, is a Kurmi, among the
largest backward castes in the State.
After Swami Prasad Maurya,
an OBC, quit the party last year to join the BJP just months before the
election, BSP chief Mayawati had nominated Gaya Charan Dinkar, a fellow
Jatav (Dalit) as the Leader of the Opposition. Mr. Dinkar however, lost
his seat in the polls. Uma Shankar Singh, MLA from Rasara in Ballia, has
been appointed deputy leader in the Vidhan Sabha. Mr. Singh is a
Kshatriya and one of the few BSP MLAs who won with a handsome margin.
One
of the BSP’s Brahmin faces and old loyalist Ramveer Upadhyaya has been
named chief whip, while Hargovind Bhargava, a Pasi (Dalit), and Shah
Alam alias Guddu Jamali, a Muslim MLA from Azamgarh, have been made
whips of the legislature party.
To increase outreach among various
castes, BSP chief Mayawati has also handed out responsibilities to more
than a dozen leaders. Sources said a special focus would be on the 17
most backward castes (MBCs), which have steadily deserted the BSP over
the last decade.
“The
process of distributing responsibilities will continue. We have been
asked to increase presence of the party among these castes and approach
them with new formats,” said a senior BSP leader from Bundelkhand.
Banking on Kanshiram
Party
sources also said leaders have been instructed to gather at least 100
“influential or active persons” belonging to the castes assigned to them
from each of the 403 Vidhan Sabhas. Old speeches of BSP founder
Kanshiram would also be played in every village to connect youth with
him. “For that purpose, various coordinators have been asked to purchase
projectors,” said a source, who attended Ms. Mayawati’s meeting of
elected legislators and co-coordinators held in Lucknow on Thursday.
While
Rajya Sabha member Satish Mishra continues to be responsible for
connecting Brahmins to the BSP, Mayawati-aide Nasimuddin Siddiqui and
his son Afzal Siddiqui will do the job among Muslims.
Uma Shankar
Singh will be in-charge of bringing Thakurs into the BSP fold in
Purvanchal, while Thakur Jaiveer Singh will play the same role in west
UP.
Ram Achal Rajbhar, besides holding the post of State
president, is in-charge of connecting with Rajbhars, a most backward
caste. Similarly, Lalji Verma is assigned the Kurmi caste, while former
Leader of the Opposition Gaya Charan Dinkar will work among the
Prajapatis, also an MBC.
Former MLC Virendra Chauhan is in-charge
of the noniya chauhans (a backward caste), R.S. Kushwaha, of the Maurya
and Kushwaha communities, former MLC Lal Chand Nishad has been given the
riverine Mallah communities while the Kashyap community (OBC) will be
under Ram Murti, a party coordinator from Bareilly.
Apart from
reorganising the party, the BSP has also plans to stage demonstrations
on the 11th of every month on their opposition to EVMs. The BSP has
alleged that its poor showing in the elections was due to tampering of
EVMs. The protests will be staged in every district headquarters in U.P.
and other State capitals.
Meanwhile, the
resignations from the party continue. Former Minister Kamla Kant Gautam
and former OSD to Ms. Mayawati, Gangaram Ambedkar, have quit the party
accusing the chief of straying from the path of Kanshiram.
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There is a Tamil adage “yanai vizhunthaal aadu kooda kitte poi vaalaattumam”-When an elephant falls ,even a goat would dare go near and wag its tail.
BSP never said all these. ‘The Hindu’ being the most progressive on planet earth can’t think beyond caste/religion!
Party posts have been reassigned to include more OBCs, who abandoned the BSP during the recent Assembly elections
After a dismal showing in Uttar Pradesh elections, the Bahujan Samaj
Party has wasted no time and is back to the drawing board to stitch
together a rainbow coalition of castes with a special focus on the Other
Backward Communities, which observers feel deserted it in large
numbers.
The BSP had experimented with a Dalit-Muslim combination
for the Assembly polls even as a number of leaders belonging to the
backward castes jumped ship to join the BJP.
The party has re-organised its community-based bhaichara (brotherhood) committees and assigned duties to top leaders to increase presence among various castes.
Office bearers
The
rainbow caste alliances are also reflected in the party’s choices for
posts in the legislature. Senior leader Lalji Verma has been nominated
leader of the Legislature Party. Mr. Verma, a four-time MLA and former
minister, is a Kurmi, among the largest backward castes in the State.
After
Swami Prasad Maurya, an OBC, quit the party last year to join the BJP
just months before the election, BSP chief Mayawati had nominated Gaya
Charan Dinkar, a fellow Jatav (Dalit) as the Leader of the Opposition.
Mr. Dinkar however, lost his seat in the polls. Uma Shankar Singh, MLA
from Rasara in Ballia, has been appointed deputy leader in the Vidhan
Sabha. Mr. Singh is a Kshatriya and one of the few BSP MLAs who won with
a handsome margin.
One of the BSP’s Brahmin faces and old
loyalist Ramveer Upadhyaya has been named chief whip, while Hargovind
Bhargava, a Pasi (Dalit), and Shah Alam alias Guddu Jamali, a Muslim MLA
from Azamgarh, have been made whips of the legislature party.
To
increase outreach among various castes, BSP chief Mayawati has also
handed out responsibilities to more than a dozen leaders. Sources said a
special focus would be on the 17 most backward castes (MBCs), which
have steadily deserted the BSP over the last decade.
“The
process of distributing responsibilities will continue. We have been
asked to increase presence of the party among these castes and approach
them with new formats,” said a senior BSP leader from Bundelkhand.
Banking on Kanshiram
Party
sources also said leaders have been instructed to gather at least 100
“influential or active persons” belonging to the castes assigned to them
from each of the 403 Vidhan Sabhas. Old speeches of BSP founder
Kanshiram would also be played in every village to connect youth with
him. “For that purpose, various coordinators have been asked to purchase
projectors,” said a source, who attended Ms. Mayawati’s meeting of
elected legislators and co-coordinators held in Lucknow on Thursday.
While
Rajya Sabha member Satish Mishra continues to be responsible for
connecting Brahmins to the BSP, Mayawati-aide Nasimuddin Siddiqui and
his son Afzal Siddiqui will do the job among Muslims.
Uma Shankar
Singh will be in-charge of bringing Thakurs into the BSP fold in
Purvanchal, while Thakur Jaiveer Singh will play the same role in west
UP.
Ram Achal Rajbhar, besides holding the post of State
president, is in-charge of connecting with Rajbhars, a most backward
caste. Similarly, Lalji Verma is assigned the Kurmi caste, while former
Leader of the Opposition Gaya Charan Dinkar will work among the
Prajapatis, also an MBC.
Former MLC Virendra Chauhan is in-charge
of the noniya chauhans (a backward caste), R.S. Kushwaha, of the Maurya
and Kushwaha communities, former MLC Lal Chand Nishad has been given the
riverine Mallah communities while the Kashyap community (OBC) will be
under Ram Murti, a party coordinator from Bareilly.
Apart from
reorganising the party, the BSP has also plans to stage demonstrations
on the 11th of every month on their opposition to EVMs. The BSP has
alleged that its poor showing in the elections was due to tampering of
EVMs. The protests will be staged in every district headquarters in U.P.
and other State capitals.
Meanwhile, the
resignations from the party continue. Former Minister Kamla Kant Gautam
and former OSD to Ms. Mayawati, Gangaram Ambedkar, have quit the party
accusing the chief of straying from the path of Kanshiram.
Seeks Rs. 14 cr. in damages from Bench for stopping his work
Calcutta High Court judge C.S. Karnan has “refused to accept” the bailable warrant issued against him by the Supreme Court in a suo motu
contempt of court order.
On Friday, West Bengal Director General
of Police (DGP), Surajit Kar Purkayastha, along with several
high-ranking officials went to Justice Karnan’s residence in the New
Town area on the eastern fringes of the city to hand over the warrant.
“I
rejected the same [the warrant] after assigning valid reasons. This
kind of demeaning acts from your Lordships and further perpetrating the
Atrocities Act ( Scheduled Castes and Scheduled Tribes [ Prevention of
Atrocities Act], 1989) is absolutely out of law to the utter
embarrassment of a Dalit judge,” Justice Karnan stated in a letter to
the seven-judge Bench of the Supreme Court.
‘Stop harassment’
He also urged the Bench to “stop further harassments” and “uphold the dignity and decorum of our courts.”
Justice
Karnan sought a compensation of Rs. 14 crore from the seven judges of
the Supreme Court for having stopped his judicial and administrative
work.
In the letter he accused them of having disturbed his mind
and his normal life, “besides you have insulted me in the general
public…”
“Now all seven Judges shall pay a part of the
compensation within a period of seven days from the date of receipt of
this order,” he said.
The Supreme Court had earlier directed the DGP to serve the warrant on him.
Accordingly, the police team reached the judge’s house on Friday.
“The
DGP of West Bengal, the ADGP of Intelligence-Criminal Investigation
Department [CID] and a Superintendent of Police [SP] from Tamil Nadu,
along with about 20 police personnel, came to Justice Karnan’s residence
today [Friday] to hand over the warrant. But he refused to accept it,”
Justice Karnan’s lawyer W. Peter Ramesh told The Hindu
.
He alleged that the police personnel “barged into the compound” of Justice Karnan’s residence.
“Not only did they [the police] enter the compound by force but they also slapped a security guard of the building,” he said.
He said that they were “considering legal action” against the police for “barging and trespassing” into the judge’s residence.
No force used: Police
However,
State police officials not only claimed that Justice Karnan “accepted”
the warrant but also denied the allegation that they had forcefully
entered the judge’s residence.
Speaking to The Hindu
, Additional Director General of CID Rajesh Kumar, who visited the
judge’s residence said he had “accepted” it. “He gave his observation on
the warrant in writing and accepted it,” said Mr. Kumar.
Last
month the Supreme Court issued a contempt of court notice against
Justice Karnan for allegedly degrading the judicial institution.
Calcutta
High Court judge Justice C S Karnan showed no signs of relenting on
Friday when attempts were made to deliver to him a bailable warrant
issued by the Supreme Court in a contempt case to ensure his appearance
before it on March 31. In a letter to the 7-judge bench headed by Chief
Justice J S Khehar that issued the warrant, Justice Karnan said he
rejected the warrant. Justice Karnan has sought a compensation of Rs 14
crore from the seven SC judges for having stopped his judicial and
administrative work. The SC initiated contempt proceedings against
Justice Karnan after he continuously levelled allegations against the
Madras high court chief justice and other judges. But he has said that
the SC judges have no rights to issue a warrant against a sitting judge
and alleged that he was being targeted for being a SC.
Justice Chinnaswamy Swaminathan Karnan was born on 12.06.1955 at
Karnatham Village, Virudhachalam Taluk, Cuddalore District. His
father was a retired teacher and had secured the President of India,
award for being a Good teacher. His late mother Kamalam Ammal was a
house wife and a tutor for her children.
Studied up to High School level at Mangalampet High
School, thereafter completed the Pre-University Course, at
Virudhachalam Arts College. Thereafter, His Lordship completed B. Sc.
graduation at the New College, Chennai. Subsequently, embarked on law
study at Madras Law College and completed the Course in the year
1983. Immediately, thereafter, enrolled as Advocate before the Bar
Counsel of Tamil Nadu and started practice in the Civil Side. During
practice of law, was selected as legal adviser of the Metro Water,
Government Advocate in Civil Suits and also Standing Counsel for the
Central Government. During the tenure of higher studies, was involved
in various Social assignments besides NCC and NSS. Served as a Judge
at the Madras High Court for the last 8 years and gaining steadily in
the field of Judicial assignments and reform.
Transferred to Calcutta High Court on Mar 11, 2016
JUSTICE
Karnan has taken the right decision to contact Ms Mayawati supremo of
BSP on whom EVMs were tampered to to defeat the movement of the Chief
Architect of our modern constitution Dr BR Ambedkar. Just because Ms
Mayawati is a scheduled caste but working for the sarvajan samaj i.e.,
all societies and gave the best governance as CM of UP and ultimately
the PM of this country, it was not tolerated by the brahmins in general
and the chitpawa brahmins of RSS in particular. So
they used the fraud EVMs to destroy the movement in general and the
SC/STs in particular. Hence through a Techno-Politico-Socio
Transformation and Econommic emancipation movement, there must be a
demand to dissolve Central and state governments selected by these fraud
EVMs and go for fresh polls with paper ballots.
The ex CJI Sathasivam who committed a grave error of judgement by
ordering that the EVMs could be replaced in a phased manner on the
suggestion of ex CEC sampath and as a result all the governments must be
punished.
They must be asked to pay the entire Central
Government budget to Mayawati as a fine and all those who oppose
reservation to deprive the economy of the downtrodden to book under
atrocities act and sent jails.
Where there is an allegation of discrimination based on caste,its in
order for SC to appoint a Panel of unbiased foreign Judges to hear the
case.No Caste Judge can render justice to a Dalit who is supposed to be
harassed by the Caste System.
Calcutta high court judge CS Karnan stepped up his tirade against
the Supreme Court and his fellow judges on Saturday by releasing his
written allegations against two Madas high court judges. (Representative
Photo)
Calcutta high court judge
CS Karnan stepped up his tirade against the Supreme Court and his fellow
judges on Saturday by releasing his written allegations against two
Madas high court judges.
He alleged that one had tampered records
to get into service and amassed wealth through unfair means while the
other had raped an intern.
Justice Karnan had made these
allegations in 2013 and 2014. “I wrote to the chief justice of Madras
high court but no action has been taken against them. I brought specific
allegations against 20 judges. But while those 20 are silent, a
seven-member bench of the SC issued a warrant against me. Today I openly
admit that Indian judiciary is corrupt,” Karnan said at a press
conference at his residence .
“These seven judges don’t know law.
The SC did not apply mind. That’s why public confidence (in the
judiciary) is decreasing day by day,” he said.
Asked whether he
would appear before the SC on or before the deadline (March 31), Karnan
said “Why? For what purpose? This is a wrong order. It is out of law.”
On
Friday, Karnan had signed an order in front of the media at his
residence, directing the Central Bureau of Investigation to “register,
investigate and file a report before the appropriate court of law under
Article 226 read with Section 482 CrPC to prevent abuse of process of
any court….”
“I am a
sitting high court judge. Any place where I sit and pass an order
becomes the court,” Karnan said. Asked whether he had the power to issue
a directive even to the President, he however said: “I have humbly
appealed to President. Who can direct the President of India?” Later he
changed the word “direct” to “request.”
When he was asked whether
the director general of Bengal Police, who is supposed to execute the
warrant, or the CBI had got in touch with him, Karnan said, “Not so
far.” One of his associates, a lawyer of the Madras HC, said copies of
Karnan’s order had been sent to the CBI as well as the judges of the
SC.
Asked whether it was appropriate for a sitting judge to talk
to the media, Justice Karnan said, “It is a national issue. It should
reach the people. Let there be transparency. What’s the secret? Nobody
takes a suo motu warrant against a sitting judge.”
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IN THE
SUPREME COURT OF INDIA
CIVIL
APPELLATE JURISDICTION
CIVIL
APPEAL NO.**** OF 2017
(Arising
out of SLP (Civil) No. 13735 of 2012)
Bahujan Samaj Party
….
Appellant(s)
Versus
Ex CJI Sathasivam Ex Election
Commission of India Sampath
….
Respondent(s) Narendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,
WITH
WRIT
PETITION (C) NO. 406 OF 2012
J U D G M
E N T
P.
Sathasivam, CJI for Ballot Paprers until entire EVMs/VVPAT are replaced
1)
Leave
granted.
Civil
Appeal @ SLP (C) No. 13735 of 2012
2)
This
appeal is directed against the judgment and order
dated
17.01.2012 passed by the Division Bench of the High
Court of
Delhi at New Delhi in W.P.(C) No. 11879 of 2009
whereby
the High Court disposed of the petition by
disallowing
the prayer made by the appellant herein for
issuance
of a writ of
mandamus
directing
the Election
Commission
of India (ECI)-Respondent herein to incorporate
a system
of Paper Ballots until entire “paper trail/paper receipt” in the Electronic
Voting
Machines (EVMs) as a convincing proof that the EVM
has
rightly registered the vote cast by a voter in favour of a
particular
candidate.
Being
aggrieved of the above, the present appeal has
been
filed by way of special leave.
Writ
Petition (Civil) No. 406 of 2012
4)
One
Jgatheesan Chandrasekharan, R Muniappa, Gopinath, Dr Ashok Siddharth, Rajendra Satyanarayan Gilda has filed this Writ
Petition,
under Article 32 of the Constitution of India, praying
for
issuance of a writ of
mandamus/
direction(s)
directing the
Union of
IndiaNarendra Modi, Mohan Bagawath, Amit Shah, Venkaiah naidu,
To hold protests across country; BSP chief has promised support, says lawyer
Calcutta High Court judge C.S. Karnan has contacted Bahujan Samaj
Party (BSP) national president Mayawati, and she has extended her
“support” to the Judge, his lawyer has said.
Speaking to The Hindu, the
lawyer W. Peter Ramesh said the BSP chief had offered “full
cooperation” for Justice Karnan’s proposed protest demonstration and
day-long hunger strike in Lucknow.
On March 10, the Supreme Court
issued a bailable warrant against him in relation to a contempt-of-court
order issued against him in February. Justice Karnan refused to accept
the warrant.
As for the
reason for contacting Ms. Mayawati, Mr. Ramesh said the BSP chief was a
“prominent Dalit leader”, and Justice Karnan had made it clear that he
was being “targeted by the Supreme Court for being a Dalit.”
BSP participation
According
to the judge’s associates, the BSP leadership has not only offered full
cooperation but will also “participate in Justice Karnan’s protest in
Lucknow.” Justice Karnan has not only accused the seven- judge Bench of
the Supreme Court of targeting him because he is a Dalit but has also
instructed the CBI to start a probe against them and Attorney-General
Mukul Rohtagi.
“In the result I direct the Central Bureau of
Investigation to register, investigate and file a report before the
appropriate court of law under Article 226 (writ jurisdiction of High
Courts) with section 482 of CrPC (Saving of inherent powers of High
Court) to prevent abuse of process of any Court and to secure the ends
of justice, under the appropriate criminal provisions of the Schedule
Castes and Scheduled Tribes(Prevention of Atrocities) Act,1989 and other
Penal provisions against the accused persons…” stated Justice Karnan in
his writ order last week.
According to Mr.
Ramesh, apart from Lucknow, Justice Karnan will also hold protests and a
daylong hunger strike in Delhi, Chennai and Kolkata. The dates of the
protest are yet to be finalised.
JUSTICE Karnan has taken the right decision to contact Ms Mayawati supremo of BSP on whom EVMs were tampered to to defeat the movement of the Chief Architect of our modern constitution Dr BR Ambedkar. Just because Ms Mayawati is a scheduled caste but working for the sarvajan samaj i.e., all societies and gave the best governance as CM of UP and ultimately the PM of this country, it was not tolerated by the brahmins in general and the chitpawa brahmins of RSS in particular. So they used the fraud EVMs to destroy the movement in general and the SC/STs in particular. Hence through a Techno-Politico-Socio Transformation and Econommic emancipation movement, there must be a demand to dissolve Central and state governments selected by these fraud EVMs and go for fresh polls with paper ballots.
The ex CJI Sathashttp://www.deccanherald.com/pages.php?id=595396ivam who committed a grave error of judgement by ordering that the EVMs could be replaced in a phased manner on the suggestion of ex CEC sampath and as a result all the governments must be punished.
They must be asked to pay the entire Central Government budget to Mayawati as a fine and all those who oppose reservation to deprive the economy of the downtrodden to book under atrocities act and sent jails.
http://www.deccanherald.com/pages.php?id=595396
You are here: Home » National » SC’s notice to Justice Karnan, seeks his personal appearance
SC’s notice to Justice Karnan, seeks his personal appearance
New Delhi, Feb 8, 2017, PTI:
In
an unprecedented order, the Supreme Court today asked sitting Calcutta
High Court judge Justice C S Karnan to appear in person before it and
explain as to why contempt proceedings be not initiated against him and
forthwith restrained him from undertaking judicial and administrative
work.
“Issue
notice to Justice C S Karnan. Returnable on February 13. Shree Justice C
S Karnan shall forthwith refrain from handling any judicial or
administrative work as may have been assigned to him,” a seven-judge
bench headed by Chief Justice J S Khehar said.
“He
is also directed to return all judicial and administrative files in his
possession to the Registrar General of the High Court immediately,” the
bench also comprising Justices Dipak Misra, J Chelameswar, Ranjan
Gogoi, M B Lokur, P C Ghose and Kurian Joseph said.
It
said, “Shree Justice C S Karnan shall remain present in person on next
date to show cause.” The bench, meanwhile, directed the apex court
registry to ensure that the copy of its order be served on Justice
Karnan during the course of the day and listed the suo motu contempt
petition against him for further hearing on February 13.
At
the outset, Attorney General (AG) Mukul Rohatgi referred to the nature
of public communications allegedly undertaken by Justice Karnan and said
they are “slanderous” and “disparaging” to the system of administration
of justice.
He
urged the bench that it can direct Chief Justice of the High Court to
restrain the judge concerned from taking up judicial and administrative
work. The AG referred to constitutional provisions and said that the
apex court can take judicial note of the matter and is empowered to pass
such an order.
“This
court has to set an example when it comes to administration of
justice,” he said, adding, “In exercise of the contempt jurisdiction,
the Supreme Court can ask the Chief Justice of High Court not to assign
administrative and judicial work to Justice Karnan.
The
court took note of his submissions and said that it has to be
established whether Justice Karnan has undertaken the communications.
“We must be as careful as we can,” the court said.
“It
is the first time we will act against a sitting High Court judge and
have to be very careful with what we settle as a precedent for times to
come,” it said.
The
apex court has turned the alleged contemptuous letters written by
Justice Karnan against the Madras HC Chief Justice which were addressed
to the CJI, Prime Minister and others, into contempt proceedings against
him.
He was transferred from the Madras HC to the Calcutta HC for his alleged contemptuous conduct.
Justice
Karnan has also been allowed to argue in person his case relating to
his own transfer later this month before another bench of Justices Arun
Mishra and Amitava Roy, which last month had allowed Justice Karnan’s
plea to argue his case in person by accepting his request to discharge
his advocate S Gowthaman. He had written a letter dated December 21,
2016 to the Supreme Court Registry seeking permission for the same.
Earlier,
the Registrar General of the Madras High Court had stated that 12 files
of the high court were still with Justice Karnan and these were
required to be returned.
It
was also submitted that the government accommodation which had been
allotted to Justice Karnan at Chennai, had not been vacated, adding that
it was needed as 14 new judges have been appointed and a judge cannot
keep it for more than a month after he ceases to be a judge of Tamil
Nadu High Court.
Justice
Karnan had on February 15, 2016 stayed his transfer order after the
apex court asked the Chief Justice of Madras High Court not to assign
any judicial work to him.
The
same day the apex court had suspended Justice Karnan’s order and made
it clear that all administrative and judicial orders passed by him after
the issuance of the proposal of his transfer from the Madras High Court
to the Calcutta High Court shall remain stayed till further orders.
However,
a week later, the judge had said that he had issued an “erroneous”
order due to his “mental frustration resulting in the loss of his mental
balance”.
The
apex court had passed the directions on an application moved by the
Registrar of the Madras High Court, seeking an order to restrain Justice
Karnan from doing any judicial work.
Yogi Adityanath elected leader of the BJP Legislature Party in Lucknow on Saturday. PTI
Springing a surprise, the BJP on
Saturday nominated firebrand saffron leader Yogi Adityanath as the chief
minister of Uttar Pradesh. UP BJP president Keshav Prasad Maurya and
Lucknow Mayor Dinesh Sharma are the deputy chief ministers.
Adityanath,
the ‘mahant’ (head priest) of the famous Gorakhnath Peeth in Gorakhpur,
was unanimously elected leader of the BJP Legislature Party at its
meeting here in the presence of Union minister M Venkaiah Naidu and BJP
general secretary Bhupendra Yadav, who were sent in as observers.
“Adityanath
was elected unanimously at the meeting of the legislators,” Naidu told
reporters. Naidu said no other name was proposed at the meeting.
Adityanath
(44), the Lok Sabha MP from Gorakhpur, met Governor Ram Naik and staked
claim to form the government. He will be sworn in as the 21st chief
minister of the state on Sunday.
The other members of the cabinet would be announced on Sunday, ahead of the swearing-in ceremony.
The drama Much
drama preceded Adityanath’s nomination. In the afternoon, his name
started making the rounds, replacing that of Union minister Manoj Sinha
and others as likely candidates for the top post.
Adityanath
rushed to Delhi, where he had a long meeting with BJP president Amit
Shah and vice president Om Mathur. Later, Adityanath went to Lucknow
with Maurya and Mathur.
Adityanath was closeted with Naidu and
Bhupendra for around 30 minutes, after which they participated in the
meeting of the legislators.
The suspense over the chief minister
continued till the last minute and none of the 325 legislators from the
BJP and its allies seemed to have any inkling of the party’s choice.
Naidu
said after his election as leader of the legislature party, Adityanath
urged the party leadership to let two senior colleagues assist him in
administration. Naidu said on his request, the party leadership allowed
Adityanath to have two deputies. Prime Minister Narendra Modi and Shah
would be present at the swearing-in ceremony.
“The chief
ministers of the states ruled by the BJP and its alliance partners have
also been invited to attend the oath-taking ceremony,” Naidu said.
He
said the mandate for the BJP in the UP polls was historic, adding, “It
is a watershed moment for the BJP. It has proved that the nation wants
to move with Modi.”
The main agenda of the party in UP would be development and good governance, he said.
“It’s
a mandate against corruption, black money, caste and communal
politics… people have supported us cutting across caste lines,” Naidu
added. “We will together ensure the development of UP, and end goonda
raj,” Adityanath said, addressing the newly elected legislators of the
BJP and its alliance partners Apna Dal and Suheldev Bhartiya Samaj
Party.
Sources said BJP MLA from Shahjahanpur Sauresh Khanna
moved the proposal for electing Adityanath as the leader of the
legislature party.
A large number of Adityanath supporters
descended on the state capital from Gorakhpur and nearby districts and
chanted slogans in his favour outside the venue of the meeting. Even
before the polls, his supporters had demanded that he be declared the
chief ministerial face of the party. Adityanath was one of the star
campaigners of the BJP and addressed close to 100 election meetings in
different parts of the state. DH News Service Who is Adityanath? -Firebrand Hindutva advocate, Adityanath’s remarks often trigger controversy -Head priest at Gorakhnath temple; founder of vigilante group Hindu Yuva Vahini -Won Gorakhpur seat five times; at 26 was youngest member of 12th Lok Sabha -Had differences with BJP in the past; in 2007 over ticket distribution
Sir, majority of people in India are so stupids that they don’t
behave like educated. These politicians have understood these rogues and
using them in a big way. Now Saffron cloth will become a uniform for
Politicians. India will become the third religious terror nation after
Christianity and Islam.
another commual criminal castiest brhamin with backward outdated
ideology is appointed for top position fooling public using hindu, mus,
christan hate speech.
another commual criminal castiest brhamin with backward outdated
ideology is appointed for top position fooling public using hindu, mus,
christan hate speech.
India,S image as a secular nation is lost when relious heads comes to
political positions and his masters just became tail wagers for rubbish
he talks.
Hindu Rastra my SHAATA. These politicians are beautifully playing the
religious sentiments of Indian educated and uneducated morons. They
dont even know the meaning of HINDU. HUMANITY and RIGHTEOUSNESS all
matters for a development of our nation and the world.
Until now I trusted and liked Modi that he is true friend of
minorities.But Modi has shown his true color by appointing Adityanath
as CM. Muslims voted BJP ,Modi has backbited .Adityanath is not even fit
for a chaprasi position ,Now I hate Modi most.
Your love towards Modi is a BIG LIE. The truth is that the
Christians/Muslims are blinded by their religion, falsely think that
they inclusive/secular which they are NOT, and are the biggest
hypocrites. Yogi Adityanath is a well educated, a capable leader,
inclusive of everyone, and provide real help to the minorities unlike
the corrupt/communal parties like the congress, the SP, the BSP, etc who
have been using Christians/Muslims just as “vote bank” without
providing any real help.
I didn’t say I love Modi , I said I liked him. For your information
Christians and Muslims voted overwhelmingly in favour of BJP ignoring
their religions.Educated means not by degrees but by characters and
moral . Adityanath is only educated in polarizing society. Adityanath
is similar to Saeed Hafiz who is also educated but radical thinking .
Radicals are radicals whether muslims or hindus . Both are destructive
to society .I am surprised by Modi’s choice . A man with so many
criminal cases pending can not be a guardian of a state .
Voters were tired of appeasement politics that’w why we voted BJP. I
am concern about mind set of Adityanath . Adityanath is no less than
Saeed Hafiz in polarizing society .I am surprised by Modi’s choice . A
man with so many criminal cases pending can not be a guardian of state .
That’s a wishful thinking. The reality is that the BJP is liked by
the majority including the Muslims as indicated by the results of the
just concluded elections.
lol, if your Maya,Mumtaj bicchan, Chinnamma,Mulayam,Kujli etc etc can
be CM, why not a non-corrupt , clean hand, hugely popular , 5 times
winner, qualified Hindu cant be CM??.. why?? just b’coz he doesnt need
appease vote bank and yet win handsdown with thumping
majority??..managing discontent among 300+ legislators is no easy task
with dishonest real fake media baying to break party by instigating
vulnerable legislators and ministry aspirants….!! Look at Sidda’s govt
for power struggle by disgruntled MLA’s..
Dude I dont freakin care about any of the names which you mentioned. I
care about the future of India. Educated stupids like you think and
debate in this way. Country needs to adhere with our Constitution. And
what in the hell is that azzwipe who came from middle of nowhere,
doesn’t have political experience has to do with Politics. Now majority
of loafers will wear saffron and it become a uniform for another
terrorist outfit in India. Christians followed by Islam has terrorized
this whole world. Now you want Indians to wear saffron and terminate the
world with their monster religious atrocities. You people of India will
never think about your future. You debate like dogs and die with
stupidity. I sincerely forecast the BJPs downfall and rise of new
religious terror in India.
“The Chamcha Age (An Era of Stooges)” was written by Kanshi Ram,
and published by him on 24th Sept. 1982 on the occasion of 50th
anniversary of Poona Pact. It is dedicated to Mahatma Jyotirao Phule,
“whose initiation of cultural revolt in colonial India, later taken up
by Babasaheb Dr. B. R. Ambedkar,
Periyar E.V.Ramaswamy and many other rebellious spirits brought us to
this level where we are thinking, planning and struggling to put an end
to the ‘Chamcha Age’ and usher in ‘Bright Age’ for the Shudras and the
Ati-Shudras.”
In preface he says Chamcha Age started
from the Poona Pact giving Joint Electorates instead of Separate
Electorates. The purpose of book is to make Dalit Soshit Samaj of the
existence of Chamchas or stooges, and to awaken masses how to
differentiate between genuine and counterfeit leadership.
The book is divided into 4 parts and 17
chapters. The first two parts give information about past struggles,
part III depicts present situation and part IV suggests ways and means
of future struggle.
A Chamcha is an indigenous word for a stooge, or a tool, or an agent, who is operated by others for their own benefit. Gandhiji felt
necessity of Chamchas from 1939-32 onwards. A Chamcha is created to
oppose the real fighter, the genuine leader. While Dr. Ambedkar was
taking the untouchables of India from Dark Age to Bright Age, they
slipped aside into Chamcha Age. Gandhiji preferred two Chamchas through
joint electorate against one real representative through separate
electorate.
Part IV of the Book is titled “The Way
Out”, has 6 Chapters: It mostly outlines the struggle that is necessary
to fight Brahmanism. It has not only historical importance to understand
Kanshiram’s struggle, but also can enlighten us what is to be done in
future. It describes Dr. Ambedkar’s concept of Educate, Agitate,
Organise. Separate Settlements, Denunciation of Poona pact, and also his
three attempts to make the movement broad based, giving the excerpts
from Baba Saheb’s famous speech at S.C.Conference at Lucknow on
25.4.1948. Below reproduced is the entire Part IV, which is the main
Part, for future guidance. Hope it serves some useful purpose for those
who are rather nonconversant with Kanshiram’s philosophy.
To
His Excellency Hon’ble Pronob Mukherji
The President of India
Rashtrapati Bhawan
New Delhi,
Your Excellency,
The Scheduled Caste population in India is estimated to be 16.6% of the total population, and the Scheduled Tribes 8.6%. Thus the total SC/ST population is over 25% the Indian population.
The Supreme Court has a sanctioned strength of 31, and so proportionately there should be 7 or 8 SC/ST judges in the Supreme Court, but in fact there are none. Recently 5 judges were appointed to the Supreme Court, but none from the SC/ST category
This is gross injustice to the SC/STs who are a historically disadvantaged category.
Your Excellency, being the custodian of the Constitution and Head of State should immediately take steps to correct this great injustice to the SCs/STs.
Yours respectfully
Justice Markandey Katju
Former Judge, Supreme Court of India
Fremont, California, USA
11.3.2017
The Chief architect of our modern constitution is Dr BR Ambedkar. Not only 8 judges must be appointed but the Chief Justice office must have collegiate system with representatives from SC/STs/OBCs & minorities.Then there will justice in the cases of Reservation in promotions proportionately for all societies.
Status quo will be maintained in religious disputes.
The grave error of judgment to replace EVMs in a phased manner could be reverted and dissolve central and state governments selected by the fraud EVMs and go for fresh polls with paper ballots.
Submission
of a brief note on March 15, 2017 by the office-bearers of Karnataka and
Tamilnadu to the Honorable National President of Bahujan Samaj Party against
the havocs of Electronic Voting Machines being caused in the past and its potential
dangers in future
Respected
Behanji, Jaibheem Pranaam
1. We are not
presenting anything new as you have already exposed all the dangers related to
the use of EVMs. We are submitting some facts which we have already brought to
your notice in the past, based on the findings of Mr.
JagatheesanChandrashekharan, Sr. Manager, ARDC-HAL (Retd), who is a State
Committee member of BSP Karnataka State Unit.
2. More than 80
Developed countries of the world have discarded the use of EVMs. There are
veritable negative reports against EVMs from all over the world. Even Americans
who are partial to technological solutions have resisted the use of EVMs. But
these EVMs are being used in India in the pretext of preventing
election-related problems like booth capturing, forcible voting, rigging, etc.
There is no country in which EVMs have been welcomed so enthusiastically as
they have been in India. Why?
3. The manuvadi
parties such as Congress and BJP had no way to prevent the Bahujan Samaj voting
in favor of BSP. All their tricks have been failed in the past to fool the masses
who are growing politically conscious, but technically illiterate. Hence, these
corporate-funded manuvadi parties have resorted to EVMs to capture the votes of
Bahujan Samaj. They fully succeeded in their mission in India under the
leadership of Mr. Narendra Modi, a hand-picked man of national and
multinational corporate-fraudsters. Now the same multinational corporate-fraudsters
are contemplating the use of EVMs in other developing countries.
4. In 2012, Mr.
SubramanyaSwamy, after observing the extensive tampering of EVMs in favor of
Congress, had appealed to the Supreme Court to direct the Election Commission
to incorporate the system of paper trails in EVMs. Mr. Sampath, the then CEC,
suggested the use of paper audit trail machine or Voter Verified Paper Audit
Trail (VVPAT) in the General Election of 2014 itself. But the then Chief
Justice of India Mr.Sadasivamgave a disastrous judgment that the EVMs could be
replaced in a phased manner as the cost of replacement was too high (Rs. 1600
crores). As the result, the EVMs were replaced by VVPAT only in 8 LokSabha
constituencies in 2014 and which ultimately benefitted the BJP to capture
power. Similarly, the VVPATs are used only in 20 assembly constituencies in
2017 and the results are in front of our eyes to see. We had lost all the seats
in the General Election of 2014. However, it must be noted that in the
Panchayat elections of Uttar Pradesh held during Nov. 2015, more than 80% of
the seats were won by the BSP-supported candidates, because the Panchayat
Elections were conducted with paper ballot.
It
must be noted that Ex CJI Sadasivam has been appointed as the Governor of
Kerala, soon after his retirement, by the BJP Government as a reward for his great
service to them.
5. In February
2016, Chief Election Commissioner NasimZaidi said that the whole country would
be covered by VVPAT in the General Election of 2019 and the required funds
(over Rs.2000 crores) would be allotted by the Government in this regard.
However, his statement was not supported by the law and finance ministries. In
August 2016, the officials have said, “the manufacturers would not be in a
position to supply the quantity (over 22.50 lakh EVMs) indicated for the
current financial year due to time constraints”. It means, the General Election
of 2019 would also be conducted with the EVMs, which are fully vulnerable to
tampering. It is on this basis that Mr. Narendra Modi is boasting of winning
the General Election of 2019 hands down. The “paid” news channels and
newspapers are anyway there to create a bogus “Modi Wave” throughout the
country. If we allow this trend to continue, we will have anti-people
government by the corporate fraudsters to ruin the country in the coming
decade.
6. In the
background of great threat which is waiting for the democracy of India, we pray
our Hon’ble Leader Behanji to initiate a nation-wide agitation to “Ban EVMs,
Resort to Ballot Paper and Save Democracy”. The anti-democracy tide under the
stewardship of Mr.Narendra Modi could be successfully halted only by Behanji
and none other. We, as the devoted soldiers, are with Behanji to shoulder all
the responsibilities in this noble battle.
Ex
CJI Sathasivam committed a grave error of judgement by ordering that
the EVMs could be replaced by VVPAT in a phased manner on the suggestion
of ex CEC Sampath because of the cost of Rs 1600 crores involved in
replacing the entire EVMs. As a result on 8 out of 543 Lok sabha seats
in 2014 elections were replaced benefitting the BJP to gobble the Master
Key. BSP lost all the seats.But after a few months the BSP won 80% of the UP Panchayat elections. http://indiatoday.intoday.in/story/up-panchayat-poll-results-disappoint-sp-and-bjp-gains-for-bsp/1/514337.html
UP panchayat poll results disappoint SP and BJP, gains for BSP
The Bahujan Samaj Party (BSP), which was unable to win a single
seat in the 2014 general elections, has claimed that candidates backed
by the party have won a majority of seats in the Uttar Pradesh panchayat
polls.
The 2014 general elections were conducted with EVM. Panchayat elections were conducted with paper ballots.
After the above Supreme Court judgement all the state governments were
selected by these EVMs. Now in UP 2017 UP Assembly elections only in 20
constituencies the EVMs were replaced to enable the BJP to win in 319
seats. http://timesofindia.indiatimes.com/city/lucknow/Panchayat-election-results-indication-of-BSP-prospects-in-2017Maya/articleshow/49676505.cms
City
Panchayat election results indication of BSP prospects in 2017:
Maya
Pankaj Shah | TNN | Nov 5, 2015, 07.41 PM IST
LUCKNOW: Bahujan Samaj Party (BSP) chief Mayawati on Thursday projected
the impressive performance of her party-supported candidates in UP
panchayat elections as an indication of her coming back to power in the
UP assembly elections due in 2017.
Presiding over a meeting
with BSP leaders and supporters at the party office in Lucknow, Mayawati
said that the results of panchayat elections have shown the clear swing
of voters in favour of BSP. “We hope that the elections to zila
panchayat presidents will also in favour of the party,'’ she said. The
BSP chief, in an apparent reference to BJP and SP, said that the
opposition parties will try to misguide voters in the run up UP assembly
elections. She asked her cadres to cautious of any such malicious
design of the two parties.
In UP, a Jolt for BJP in PM Modi’s Varanasi, for Congress in Rahul Gandhi’s Amethi
Lucknow: Headlines
from panchayat elections in Uttar Pradesh bring worry for the BJP, with
candidates supported by the party routed in Prime Minister Narendra
Modi’s Lok Sabha constituency Varanasi and other places.
Of 48
seats in Varanasi, BJP-supported candidates have lost in 40, including
in Jayapur, the village PM Modi had adopted as Varanasi MP.
The
paper audit trail machine or Voter Verified Paper Audit Trail (VVPAT)
was first introduced by the Commission in 2013 to enhance transparency
and increase the electorate’s confidence that their vote goes without
error to their desired candidate
Once the vote is polled, the
VVPAT-linked EVM immediately takes a printout and it is preserved for
later use to tally in case there is a dispute in the final result
New Delhi, February 23
Polling for the 2019 General Elections will be conducted through paper
trail-based electronic voting machines to “enhance transparency”.
Chief Election Commissioner (CEC) Nasim Zaidi also said that voting
through the internet is not on the EC’s agenda in the near future though
it is going to use information and communication technology (ICT) in a
big way to reach the voters in the coming days.
“We have reached a stage where people are demanding 100 per cent
deployment of paper audit trail machine. We have preserved the secrecy
(in this system) as well. Our plan is that by 2019, the whole country
will be covered by paper audit trail machines. The budget for this has
been committed now,” Zaidi said while addressing an international
seminar today.
The next General Election is due in 2019. The paper audit trail machine
or Voter Verified Paper Audit Trail (VVPAT) was first introduced by the
Commission in 2013 in order to enhance transparency in the poll process
and increase the electorate’s confidence that their vote goes without
error to their desired candidate.
Once the vote is polled, the VVPAT-linked EVM immediately takes a
printout and it is preserved for later use to tally in case there is a
dispute in the final result. Zaidi, who was speaking on the topic
‘Leveraging Technology for Transparent and Credible Elections’, stressed
that secrecy of voters will be zealously preserved.
While the poll watchdog is taking full advantage of ICT for
“recommending legislation” on providing electronic postal ballot
facility to overseas Indian voters, the CEC said the same confidence
cannot be expressed at present in the context of internet voting owing
to security concerns.
For e-postal ballot, Zaidi said a “safe technology” has been developed
and it is being “validated and tested currently. “Employing internet
voting or online voting is not our horizon in the long term because it
requires serious consideration of challenges posed by technology.
“We have to weigh perceived and actual benefits versus perceived and
actual challenges associated with online voting. Security and secrecy of
voting along with encryption and end-to-end verification of voters are
some of the most important considerations,” he said. — PTI http://www.thehindu.com/news/national/2019-general-elections-will-have-papertrail-evms-cec/article8271881.ece#!
Paper-trail EVMs will be introduced in 2019 polls: CEC
Polling for 2019 general elections will be conducted through paper
trail-based electronic voting machines to “enhance transparency”.
Chief Election Commissioner (CEC) Nasim Zaidi also said that voting
through the internet is not on EC’s agenda in the near future though it
is going to use information and communication technology (ICT) in a big
way to reach the voters in the coming days.
“We have reached a stage where people are demanding hundred per cent
deployment of paper audit trail machine. We have preserved the secrecy
(in this system) as well. Our plan is that by 2019, the whole country
will be covered by paper audit trail machines. The budget for this has
been committed now,” Mr. Zaidi said while addressing an international
seminar on Tuesday.
The next general elections are due in 2019.
The paper audit trail machine or Voter Verified Paper Audit Trail
(VVPAT) was first introduced by the Commission in 2013 in order to
enhance transparency in the polls process and increase electorate’s
confidence that their vote goes without error to their desired
candidate.
Once the vote is polled, the VVPAT linked EVM immediately takes a
printout and it is preserved for later use to tally in case there is a
dispute in the final result.
Mr. Zaidi, who was speaking on the topic ‘Leveraging Technology for
Transparent and Credible Elections’, stressed that secrecy of voters
will be zealously preserved.
While the poll watchdog is taking full advantage of ICT for
“recommending legislation” on providing electronic postal ballot
facility to overseas Indian voters, the CEC said the same confidence
cannot be expressed at present in the context of internet voting owing
to security concerns.
For e-postal ballot, Mr. Zaidi said a “safe technology” has been developed and it is being “validated and tested currently”.
“Employing internet voting or online voting is not our horizon in the
long term because it requires serious consideration of challenges posed
by technology.
“We have to weigh between perceived and actual
benefits versus perceived and actual challenges associated with online
voting, security and secrecy of voting along with encryption and
end-to-end verification of voters are some of the most important
consideration in online voting,” he said.
2019 general elections to have paper-trail EVMs: CEC…
Chief Election Commissioner, Dr. Nasim Zaidi delivers the inaugural address of a WEB (Association o… http://english.manoramaonline.com/in-depth/state-assembly-elections-2016/2019-general-elections-to-have-paper-trail-evms-cec.html
2019 general elections to have paper-trail EVMs: CEC
Friday 18 March 2016 10:26 AM IST…
NEW DELHI: Polling for 2019 general elections will be conducted
through paper trail-based electronic voting machines to “enhance
transparency”.
Chief Election Commissioner (CEC) Nasim Zaidi also said that voting
through the internet is not on EC’s agenda in the near future though it
is going to use information and communication technology (ICT) in a big
way to reach the voters in the coming days.
“We have reached a stage where people are demanding hundred per cent
deployment of paper audit trail machine. We have preserved the secrecy
(in this system) as well. Our plan is that by 2019, the whole country
will be covered by paper audit trail machines. The budget for this has
been committed now,” Zaidi said while addressing an international
seminar today.
The next general elections are due in 2019.
The paper audit trail machine or Voter Verified Paper Audit Trail
(VVPAT) was first introduced by the Commission in 2013 in order to
enhance transparency in the polls process and increase electorate’s
confidence that their vote goes without error to their desired
candidate.
Once the vote is polled, the VVPAT linked EVM immediately takes a
printout and it is preserved for later use to tally in case there is a
dispute in the final result.
Zaidi, who was speaking on the topic ‘Leveraging Technology for
Transparent and Credible Elections’, stressed that secrecy of voters
will be zealously preserved.
While the poll watchdog is taking full advantage of ICT for
“recommending legislation” on providing electronic postal ballot
facility to overseas Indian voters, the CEC said the same confidence
cannot be expressed at present in the context of internet voting owing
to security concerns.
For e-postal ballot, Zaidi said a “safe technology” has been developed and it is being “validated and tested currently….”
“Employing internet voting or online voting is not our horizon in the
long term because it requires serious consideration of challenges posed
by technology.(Agencies)
General Elections in 2019 to Have Paper-Trail Based EVMs: CEC
PTI
February 23, 2016, 5:37 pm
Polling for 2019 general elections will be conducted through
paper trail-based electronic voting machines to “enhance
transparency”.
Chief Election Commissioner Nasim Zaidi also said that
voting through the internet is not on EC’s agenda in the near future though it
is going to use information and communication technology in a big way to
reach the voters in the coming days.
The paper audit trail machine or Voter Verified Paper Audit
Trail (VVPAT) was first introduced by the Commission in 2013 in order to
enhance transparency in the polls process and increase electorate’s confidence
that their vote goes without error to their desired candidate.
Once the vote is polled, the VVPAT linked EVM immediately
takes a printout and it is preserved. This can be used to tally the votes in case there is a dispute in the final result.
The 2019 general elections will
see the widespread use of paper-trail electronic voting machines (EVM)
to “enhance transparency”.
Chief Election Commissioner (CEC) Nasim Zaidi further added that
although voting through the internet is not on the Election Commission’s
agenda, information communication technology is going to play a major
role in reaching out to voters.
Zaidi added that budget for paper-trail EVMs had been allotted.
Shelf-life of 50% EVMs ending, have to buy 14 lakh for 2019: EC
Taking into account
the additional requirements, the EC has sought funds for 13.91 lakh new
EVMs, estimated to cost over Rs 2,000 crore.
Written by Shyamlal Yadav
| New Delhi |
Updated: October 25, 2015 5:51 am
The Election Commission (EC) has estimated
that it needs 13.91 lakh new electronic voting machines (EVMs) for the
next Lok Sabha elections due in 2019, as over half the existing EVMs
will complete their 15-year lifespan by then. The government, however,
is yet to sanction the required funds.
Currently, the EC has 17.12 lakh EVMs, of which 9.31 lakh will be
outdated by 2019. Taking into account the additional requirements, the
EC has sought funds for 13.91 lakh new EVMs, estimated to cost over Rs
2,000 crore.
“Approximately 22.50 lakh EVMs (ballot units) and 16.50 lakh control
units will be required for conducting general elections… and
simultaneous elections to various legislative assemblies,” the EC said
in its reply to an RTI plea filed by The Indian Express.
According to the RTI reply, the EC sent its first request to the law
ministry — its administrative ministry — on June 16 last year. “The life
of the EVMs has been estimated at 15 years, and according to this, the
commission has to phase out pre-2006 EVMs in a phased manner,” wrote EC
Secretary K N Bhar in the letter.
Stating that since the total cost would be over Rs 2,000 crore, the
EC suggested that the government may sanction the amount in phases,
starting from 2014-15 to 2018-19.
The EC also sought additional funds for VVPATs (Voter-Verified Paper
Audit Trail) — Rs 714 crore each year from 2014-15 to 2017-18 for
3,12,500 VVPATs every year.
As the law ministry failed to respond, then CEC V S Sampath sent
another letter on December 1. “Since no budget provision has been made
in the first supplementary and considerable time has lapsed, it would
not be possible to procure and make payment for purchase,” he wrote.
The law ministry sent its response on February 6 this year, stating
that the “same may not be considered since the ECI had informed that it
is not possible for them to purchase the EVMs and VVPAT during financial
year 2014-15.”
The law ministry suggested that the demand for provision of funds for 2015-16 and 2016-17 may be submitted later.
Regarding the demand for funds during 2017-18 and 2018-19, Jose Thomas,
director, law ministry, wrote: “In the fast advancement of technology
and the changing scenario, there may be drastic changes in EVMs and also
there may be a remote possibility of introducing Aadhar based voting
system in general elections 2019. Hence, it may not be advisable to
calculate budget provision for the purchase of EVMs etc during the year
2017-18 and 2018-19 at this stage.”
While the EC also demanded separate funds for totalisers (instruments
used for counting of votes), the law ministry wrote: “A policy decision
is yet to be taken by competent authority in this regard. Besides, this
issue is under examination by Law Commission of India as part of
electoral reforms proposals being considered. Demand for fund for the
same will be examined after a decision is taken in the matter.”
On February 25, then CEC H S Brahma sent another letter to the law
ministry stating that funds for new EVMs should be made available during
the next four years.
On August 27, EC officials informed at a meeting of officials of the
law and finance ministries that “the manufacturers would not be in a
position to supply the quantity indicated for the current financial year
due to time constraints”. The law ministry then asked the EC to send a
“revised proposal”.
On September 22, EC Secretary Sumit Mukherjee sent the revised
proposal to the law ministry. Sources said the ministry is yet to send
its response.
EVMs are manufactured by Bharat Electronics Limited (BEL)-Bangalore
and Electronics Corporation of India Limited (ECIL)-Hyderabad.
Ex CJI did not order for ballot paper system would be brought in. No
such precautionary measure was decreed by the apex court. Ex CJI did not
order that till the time this newer set of about 1300000 voting
machines is manufactured in full & deployed totally any election to
be conducted with these fraud EVMs. All the 80 democracies in the world
who simply done away with fradulent EVMs and are using the paper
ballots. To cover up now we hear of
Shelf-life of 50% EVMs ending, have to buy 14 lakh for 2019
According to the Right To Information (RTI) it is Left to Administrative
Ministry on June 16 last year selected through the fraud EVMs “the life
of the EVMs has been estimated ate 15 years, and according to this, the
commission has to phase out pre-2006 EVMs in a phased manner.”This is
Wrong To Information. The true fact is that the EVMs were tamperable.
Hence Ex CJI SADHASIVAM, shirked its duty & committed a grave error
of judgment by allowing in phased manner Fraud Tamperable EVMs on the
request of CEC SAMPATH because of the Rs1600 crore cost to replace them
and dealt a fatal blow to the Country’s democracy.
Ex CJI did not order for ballot paper system would be brought in. No
such precautionary measure was decreed by the apex court. Ex CJI did not
order that till the time this newer set of about 1300000 voting
machines is manufactured in full & deployed totally in any election
to be conducted with these fraud EVMs. All the 80 democracies in the
world who simply done away with fradulent EVMs and are using the paper
ballots.
With this proof the present CJI must dismiss the Central and all the
state govt. selected by these fraud EVMs and order for fresh elections
and save democracy, liberty, fraternity and equality as enshrined in the
Constitution for peace, welfare and happiness of 99% Sarvajan Samaj.,
i.e., all societies.
Supreme Court asks Election Commission to implement paper trail in EVMs
New Delhi: The
Supreme Court on Tuesday asked the Election Commission to introduce in a
phased manner the paper trail in Electronic Voting Machines (EVMs) for
the 2014 Lok Sabha elections, saying “it is an indispensable requirement
of free, fair and transparent” polls which will restore confidence of
the voters.
The Supreme Court, which directed the Centre to
provide financial assistance to the poll panel for introduction Vote
Verifier Paper Audit Trail (VVPAT) system with the EVMs, said it will
“ensure the accuracy of the voting system” and also help in “manual
counting of votes in case of dispute.”
“The ‘paper trail’ is an
indispensable requirement of free and fair elections. The confidence of
voters in the EVMs can be achieved only with introduction of the paper
trail,” it said.
“EVMs with VVPAT system ensure the accuracy of
the voting system. With an intent to have fullest transparency in the
system and to restore the confidence of the voters, it is necessary to
set up EVMs with VVPAT system because vote is nothing but an act of
expression which has immense importance in democratic system,” the bench
said.
“VVPAT is a system of printing paper trail when the voter
casts his vote, in addition to the electronic record of the ballot, for
the purpose of verification of his choice of candidate and also for
manual counting of votes in case of dispute,” a bench comprising Chief
Justice P Sathasivam and Ranjan Gogoi said.
The
bench asked the Election Commission to introduce VVPAT in EVMs in
gradual stages or geographical-wise in the 2014 general elections.
While
asking the Centre to provide financial assistance, the bench noted the
submissions made by the Election Commission in its affidavit that it has
decided to increase the use of VVPAT units in a phased manner and has
already written to the Ministry of Law and Justice to issue
administrative and financial sanction for procurement of 20,000 units of
VVPAT (10,000 each from M/s BEL and M/s ECIL) costing Rs. 38.01 crore.
The
bench said, “Taking notice of the pragmatic and reasonable approach of
the Election Commission and considering the fact that in general
elections all over India, the Election Commission has to handle one
million (ten lakh) polling booths, we permit EC to introduce the same in
gradual stages or geographical-wise in the ensuing general elections.”
“The
area, state or actual booth(s) are to be decided by the EC and the EC
is free to implement the same in a phased manner,” it said.
The bench passed the order on two similar petitions; one of those petitions was filed by BJP leader Subramanian Swamy.
Claiming
that EVMs were open to hacking, Mr Swamy had sought directions to the
poll watchdog to introduce paper trail to easily and cheaply meet the
requirements of proof that the EVM has rightly registered the vote cast
by a voter.
Mr Swamy had moved the Supreme Court against January
2012 order of the Delhi High Court disallowing his prayer to direct
Election Commission to incorporate the system of paper trail in EVMs.
The
bench noted that though initially the poll panel was little reluctant
in introducing paper trail by use of VVPAT, pursuant to its directions,
the Election Commission contacted several expert bodies and technical
advisers and held meetings with national and state level political
parties and carried out demonstrations.
It noted that after a
thorough examination, VVPAT was successfully used in 21 polling stations
of 51-Noksen (ST) Assembly Constituency of Nagaland.
“The
information furnished by the ECI, through the affidavit dated October 1,
2013 clearly shows that VVPAT system is a successful one,” the bench
said.
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