2170 Sun 19 Mar 2017 LESSON
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http://www.hindustantimes.com/β¦/story-k0WRYaBWRPYaUI6HgzPDHβ¦
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
http://timesofindia.indiatimes.com/β¦/articleshβ¦/57698723.cms
DGP, 100 policemen serve SC warrant, Karnan spurns it
β
Avatar
Right Response β’ a day ago
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.
http://www.hindustantimes.com/β¦/story-k0WRYaBWRPYaUI6HgzPDHβ¦
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, βIt is a national issue. It should reach the people. Let there be
transparency. Whatβs the secret? Nobody takes a suo motu warrant against
a sitting judge.β
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
courtβ¦
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
http://www.sc-efiling.nic.in/sc-efiling/index.html
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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 βpaper trail/paper receiptβ 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,
WITH
, the Chief Election Commissioner and the
Technical
Experts Committee-Respondent Nos. 1-3 herein
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 βpaper
backupβ,
βpaper receiptβ or βpaper trailβ, 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 βpaper trailβ 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 voterβs 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 βpressing a
button of
choice and getting flashed the red-lightβ 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 βpaper
backupβ,
βpaper receiptβ or βpaper trailβ, 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 βpaper trailβ 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 voterβs 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 βpressing a
button of
choice and getting flashed the red-lightβ 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