INDIA Xi..T Ant Sl,Urt an and Aff' Affidavit on Behalf of Respondent

OF INDIA IN THE SLIPREME COURT

(Cr) No' l0/09 ContemPt Petition In 1324'1 47 4'21 34 D001 Interlocutory Application No' ln Writ Petiton (Civil) No' 202195

In the matter of:

Amicus Curiae

Xi..t ant sl,urt an and Aff' No' I Affidavit on behalf of respondent Further Supplementary 14' resident of 8-16' Sector son of Mr' Shanti Bhushan' l, Prashant Bhushan,

state and afl-rrm as under: Noidq do hereby solemnly fully acquainted with the facts No' 1 in this case and am That I am rhe respondent

this case' and circumstances of facts some additional relevant last hearing in this matter' 3. That subsequent to the am to the notice of the court' I which need to be brought have come to lighr affidavit' record by means of this to place those facts on therefore seeking liberty Krishna Magazine' Justice V' R' 26-Mar l2' 201 I of Frontline .{ In the issue of Feb strong The article makes out a titled "Time for change"' lyer has written an article (for appointmens to the Appointments Commission - case for- an independent commission and an anti corruption performance Conrmission higher judiciary)' a of the falling srandards of watch over in view to keep a constant 'judges A copy of this article is anncxed in the highcr judiciary. performance and integrity emphasizing the piece on July 1' 201 l has also written a short ' as Annexure A' He ambit of an independent judiciary within the investigative need lo bring the higher judiciary today is that the greate$ menace before lndia Lokpal. He says' "The active There must be a militant' no action is being taken' itself is comrpt and published copy of this sutement as against comrprion"' A ' nationwide moveme B is annexed as Annexure in the Hindu Nervspaper (rvirh fairlY of media revelations there have been a spatc 5 Thet recentll' the assets in the hands of about disproporti onate comprehensive documentation) K'G' Justice of Indi4 Juslice larv of the former Chief brother and sons in /-

{ misconduct that have emerged about other kinds of Balakrishnan. Facts have also As a result of his tenure as Chief Justice of lndia' been commined by him during on behalf of the Campaigr lbr Judicial these revelations, the respondent the to the President of India seeking that Accountability has sent a representation 5 (1) of to the Supreme Court under Section government should make a reference as Chairman inquiry for the purpose of his removal the Human Rights Act for an A copy of this representation is of the National Human Righs Commission' related there have also been some other - annexed as Annexure C' Subsequently' by the Amicus Mr' the media on the issue' including revelations and articles in

HarishSalve.ThesearecollectivelyannexedasAnnexureDcolly'

Deponent

of the do hereby verify that the contents verification: I rhe aeponent abovenamed has been concealed my knorvledge and nothing material above affidavit are true to July 201 1 Delhi on this rhe I 3d day of ' thercfrom. Verified at Nerv

Deponent rl.{ ll Fecqtr li'l e Fclr a6 - Q0t\ Time for change Arfiitetz A

V.R:KRISHNA IYER against the judiciarl a democratic reUolt The time has come for for judges' o' ptJfotrn"nte co'mmisslon and for the appointment "

our sYndrome' from an unbecoming nrisbchali The judiciarY suffers 'J:l;il:f.I;,";lt"'f,:'#f.'ff .t}1l'-iir$ii;i!i::' :'#Sl,T#'tl.[tH,',IH.i,:i';:;1..,.::,ili{:il,iil..o.r"* unconstitutional *li""l:::i:;il catastrophe of the i, ii. exaggeration that shocks Pt ""rUr. judicial conuPuon' 314 U'S' 252'289 n Bridges vs California' To quote Felix Frankfuner (1941): "Judgesasperso*:9"".51"^iff IXX';;:lllf"'*:i,l,tuJ" ffi f'i:i:tiiltt1ffi forget their commoniffi ffiTi-l::,'"trm"'l;:'l*:"been they may i"".', as there also b*l il#ii. of have sometimes "'I-i:.1"Jfiirr. the paraph,emalia'ave ,*;iri#i'ffi:i,lu "*a

vigorous str i,',',:;iffi#:lf*'l!l:1* responsibilitY bY a however blunt "

and, SuPr,-eme Even H i gh court *:,b;it" the c::# :lffi $:#'Hfi and delinquency' Todav' Juolcruv^:::::;":;':';li-. ,.ctor of fir,u.i",i"*'i"d,l,.:,ft,i.ffi:fr::'J;il1;:ooili,il!'!,*. . ,#$li"Tti,.,llXiillilll'$iliil;';;;;;i.h.poorcredeniiarsor

the judges.

ft"*::'i?JfJ"J;,l:'*:J"ff "'Jtl$iH'il;iii?i'#?L' col. 1922) said: hieh' and,'.H "rhe courrs hold justlv a ffit;'][i,:;;:Hffi"' the respect of the Y"'ld T:lH;;i'J."r.^ra the respect and doubt' man and man, no lil:::"#;i;, uri *t.* class issues are classcs ot tT.i]#;;;;urls a

(Honorary Members: 'No, no', 'Withdrau/ and intemrption') to the University of Lord Justice Scru$on in an address delivered (l Cambridse Lav' ffibrtd;;il Societv on No'ember 18, 1920 Journal, Page 8): whom lead to "The habits you are trained in, the people.with You 1x' that' wnen you ,.r* h"vine a certain class of ideas of such a nature give as sound. and accurate i^""e i" a"ir *i r, other ideas, you do not ilis;;;:;;; .'roura *itrl n'is is one of the sreal difficulties at Dr€sentwithLabour.Laboursays.Whereareyourimpartialjudges? are all ;. circle as the emplovers' and thev ii:i;ll';;;;;h. can a in the same ideas as the employers' How ffiil;J;ed diffrcult ;il;;r;lrade unionist get imparrialjusice? lt is very into a thoroughly *r""ir"* t" be sure that you i"ut put yourself ofyour orvn class and i*:partiuiporition between two disputanis' one one nbt of Your class'" to eliminate the robed brethren We require a perlormance commission We require a of goofiness and gross culpability' *itti-grlffry judges when ;;;;;,il;i of conduct a-nd good Lehaviour for ""d"e of hifr integritv and critical incisiveness ;;fi;i6;;lommission if found guiltv they Irri i"rit,igi" into charges againit them' and shallbe removed without impeachment'

DavidPannickinhisdelightfulbook(Judges,l987)hasobserved: ..Mr'JusticeJacksonoftheU.S.SuprenreCourtobservedinl952that bench sometimes exhibit vanity' 'men who nralie their way tothe weaknesses'to which narro\\ness' alrogance and other irascibility, alarming if some of tt woula"U,e surprising, indeed iln;Hrh [i;ir,. judiciary did not' on minds thaiconsirute rtri Enelish ffi;il;;;l recognised by ffi;;;If *r"ts, a.t injuaitloutlv' This wasiecentlv ff'o" *tto sit in judgrnent occasionally Lord Chancellor Hailsham' *'' b;;ffij." to what he called 'judges'di"1t-1:.:li:-:1" may be pomposity' irritability' condition of which the symptoms statements not proneness to obi ter dicta [thar is' talkativeness, short-cuts' A il it. atti'ion in tttt tustl' a rend"ncyto.take ;ffi; rvavs is therefore unfit for his oflice in manv .lt -imr'urtantilLffi, ;; relation to judges who are to consider ruhat sanctions exisiin *uUt. to act in a judicial manner'" fe*" creep into the Bench' and their In short, mountebanks, though ffi t"en though"absurd To secure soul-a !1fceo i;il a performance commission to Dronouncements, we fivty iequi'e :il#il;ffi*tttaor' une' aue inquirv' In the. U'S' at the state to"ittiont' E'en David Pannick has level,.:;;ffit;;ffi-institutio* there are pt'fo'tunct we must have one in India too'

SATISH H l inE tor clBnge t

cam pus in HYderabad' THE ST.ATUE OF Justice at the NALSAR histor-v in India have such se ri ous Never in the 60 Years ofjudicial juttges as have been made in recent charges been madc aga inst times bY resPonsible Persons'

s ot in longer a mere case of taking bribe It is no :1't "l1::i9^1 and^:"*t cute class' sharp lractice' trickv strategies ;;;#;;;i;;";ilv in the judiciary' i*. become the ttti'odotory of some ""#ilr.iirr, "., ,ir"v are yet few' but it is bad enough'

Thesedeveloprnentsmakeitnecessarytoseethatjudgesare^selected,once into thei' ant'c'dents and class bias ffiil;;;;;il"n judges-should.be shown tt ;;cted and established' errant the-salt loses its ";;il; is tr'e satt of tt'e and if #lJ#;. iillil'* 'arth for judges is a strati it ue oiita' s"'"tt p*ishment ;;;il;,rr hold a sublime rrt. t*'tisltion of the pro.fessitn' J"dge's ili.i"rii"r no compassion for them' pi,t.. t *""ry. If they turn criminal ttrere is jurisprudence the no ground, no principle, no There is 1:rthgri:t1cThe sooner ortedlam instiiudon called collegium' #ilo"fi;iiane judiciary nut rutt'oms deep' the sooner.the ilH;,ffi;ilo*"ta Evin in England' experiments ;iiffiil;; irrational ittL'untt' judiciary ui" coTs-ol:lYt ultimatelv the #;#;;;;*r.i*ion' Grilfith argues: i. ."'iloi*,i"^ with a class bias' Prof' ..Trerulesarewhattheyarebecauseofthenatureofthesociety, its economic orde:Tl fh" of its cultural and pa'tit'tutty because economic forces and the political rnuniit'tuiion ofthe sovernnent is terms: rhote forces' ln modern'Marxist il" iliil,il il'lubse'ues anv other tr't ru*'-it' ptrt-ra9s.1ore clea-rlvLhan H#.tifffi;oint ot'a h"idtional anefact' bv defurition a part of an infrastructure^ of "i;J;; uOupting it'"lfio iftt ntttttiriti 'suDerstructue' clearlv an pioductiue relations' As such it is these rulers' "1"fi;;;;;d a' ii*aass; it both dertnes ilffi;;i;;;; fiao shallbe :i.#il;;;';*t"' -a uloi'-po*' - it savs rvhat

i'i",.",;;;"::l1ll.T-'J*;,ni::lillln:;111i*t'il'**an a set of aPProPriate rules ;#;;tit consolidate class power'"' dubious illiterate and'character wise are qualitatively becoming Judses machmery or ffi;;;'tht coilegium has no investigative il;.li Consequently' favounttsrn' principles for selection' t!"ll "uf;;,"ty and ourJr extraneou' contiderations neootism, casteism comrpttonlY^- ffi;il: ffi;;tstnce of a performance commission' ;l".'oJ;il;;'o"t" orl'aiiiut tunctionalism' Aghast' todav :#il; il'*.at"'iti""Ji"'""ritism and infl uence are frequentlv irnPuted to judges' history in India have such serious Never in the 60 years ofjudicial .' ;;; i;;; ;d"'u*t'li**;m ""U'Jf like S H:i,ffi":ff a res]Ponsible Person from" coiilNo*uauvr, high couns are,not free iudses ofthe Supreme their a'fences bvludges in hiding ';:Hiriilil: i**uo'ii*'v were not so ihe iench their close-relations wealth or in promoting to commonearliera,tt,.yu,.no*'t,epeopleofourRepublichaveare poo' reputation' tre-1!.e,a^lr;tren ffi;;;;;tn 'uci inquiry, no action by the cabinet of robbing ,u.ut,i inJ y"t no accused pa'ria"'eiij'itol'aitiui pjuntness takes place' and no inquiry uv revolt apinst the jrrd'::I-"i* 'Ihe time has come for a democratic a performance cotnm$slon ;;;ffi, on uppoi"t*"nt comrnission' to keeo a constant watch over and an anti-comrotion commission 'I irE lor c lBnSe 6

t- ,;:-ff t #,*,"."'f; il,l,iliiff lj;515ffi [l[Xil:':.i,I':i: military rule and functional chaos' Papers ttnd Addresses of Hand ( i"he Spirit o{ Liberty' Said Leamed York' Alfred ;;,;;; ;;;: *uecrea uv t'"-ing oillard' za' Neu' Knopf, 1960, Page 81): to ajudge called upon to to believe that it is as important "I venture at least a bowing of con'titutionul'law' to have ;:"#;il;; Vtitit"a' *th Thucydides' Gibbon and acouaintance with Acton *o :;hH'H,'i,T^fi i:i,H:"Ifi*iachiaverri' d[l:#;H"ffi written on For in the books which have been tp;iil;Uy lh: :ubject' turns uPon ttre spirit i" *l:l such matters everything lt--tg'*htt nii'' rne words he must construe are emptv il:il;;r"tl.;;; will' Men do not can pour nearly anythin-g he vessels into which he outlook .uppty-iiJirutions fiom judges whose eather figs of this,t.r, no, be arvare thd there are before ' by parish or class' ri'Jv rn"o is limited solutionscast rn ##;;if.;; ;eruat proble#; more than frnal r; H#ililii : ::i:' glJ::** *?,Ti.\ ilT:,li,$, :i t;;; ;i i;h *,r disruit it' ir ffi fl tffit'i:f lxHffi ^i"""il rigidlY confrned'" disgrace of the brethren and has added to the qualitative The collegium Perhap-s we are as rhe adiudicatory mechanism' ;ilt;;"q;il;iion and judges' iotif'tit to*ption' reaching a state where 11-c1u$t quit ot choose to sleep in atl their orosecuted until they ton'"ni'to *tat of stemer stuff' A national conscience behind bars' s*t*iti"t judges wittr rransparency, similar to ro, tt" uppoirrrmJir of liJ",ilr"*,"ommission e;ouni' it uso urgentlv needed' have no imperatives from which the robes Glasnost and perestroika are escape. rrltu5tul' ! r\"' 'l1r / opbd. rit.Pal olll il'rl ll! l'rru! g Hlndu: Oprruon E^ DRE V'R' {-okpal bitl and the Prime Minister: Krishna IYer responds T+ T+ Share ' eomment (22) ' Pltll article by Anil courr, writes in the context of the fomrer Judge of the supreme r,sice v.R. Ikishna tyer, on Julv l: .Lokpal ani ih-Jirim. Miniset" published Divan headlined bilt and absolute power comrpts jurist' rightly said:'Power tendsto comrpt Lord Acton' the geat British po*er' He has to be under p'i'"'ftai^'t"' i' iit-"u'toai- of tnt tonsiAt'uUtt state absolutely." 'Ite public scrutinY'

it' Likewise' our Thereforelhavecleartyexpressedtheviewthatifpoweristobesubiecttopublicinvestigationandgitl and cannot be e*empted from has to be *,n* *]""","'iti the Executive scrutiny, he ";il'l-kripeople'look up tht to eniure that o' g-tt"ti'"' iudg"t iudiciary is the watchdog *" 'o has a gievance against the *,irt- u. u.".rriut. to .u.ry.ltL,iwho misbehare. Tt e 1uo,"ffi people appeal to does not ptti"'nlli;;;;;"-'"k;nduct and uioru[t tr't Constitution' robed brethren' wt"n thc judges for a remedY' the Executive and the parliamentary and must have control over this view, the judges are sublime There is no case of In t"atiir'" Lokpal's proposeiJurisdiction' oroces. Both the* it"*tnii"" exemPtion of these authorities' The greatest a different view l disagree Chief Jusices have expressed There must I am sorry that some high no action is being taken ,, in.i,rr. iiself is corruprand for menace before rndia roday i"ir.r.r:, insrrument must be set up against conuptio" e p"*ttfttf be a militant; active natronrnie '"""i"t" ilt;ffi;ffi;nce of the people is to be preserved'

TlreiudiciaryandthePrimeMinistershallbeundertheLokpal'TheLokpalitselfmustbeofthehighest should be plural in number' "ia.', ""a s'ife: abovc suspicion' judiciary shatl be like Caesar's The Prime Minister and the

{uJ \ acu

.....-4C1.#. ANN€X O (b

ACCOUNTABILITY AND REFORM CAMPAIGN TOR JI.JDICIAL NEw DELHI-1100014 6/5 sasement, JangPura B' Tel : 7838211548 com' rvww'judicialreforms org iudicialreforrns@Email Shri Shanti Bhushan' Shri KG' KannabiGn' lyet' P'B'sawant' lustice H' Patlons: Justice V'R Krishna Justice lrresl Y AiitBhattachar,ea'Prc''''J;;;il;'ng'r"niti"nio''ahaskarRao'Ms'ArundhatiRoy'Dr'Banwari I-alsharma,ShriPradiPt#;;;;;;"athew'DrBabaAdhav'MsKaminilaiswal'shriMihirDesai' Mitta Kumat Shri Manoi Singh, D' t'eena' Dewrat' Rohit Venkatesh Sundaram' tndu Prakash Prashant Bhusha& Bhat Working Committee: Pranav Sachdeva, PYoli, P. M. oti riar, Chery I D'Souza, Singh, Mayank Misra, DivYa l)' faiPu

04.04.2011 To, Sh. Manmohan Singh' Prime Minister of lndia' Prime Minister's Office' South Block' New Delhi

Court for inquiry into the reference to the Supreme Subject Request to make a National Human Rights G' Balakrishnan' Chairman' misbehaviour of Justice K' of Proteclion of Human Justice of lndia under Sec 5(1) Commission and ex-Chief Rights Act' 1993'

Prime Minister, Dear and Reforms is a The Campaign for Judicial Accountability transparent about an accountable and committed towards bringing campaign The Campaign to every citizen of this country' system which is accessible judicial with the lnclian several serious problems has, since its inception' highlighted Judicialsystemincludingitslackofaffordability'itsinaccessibilitytothepoorand anti-poor bias' the lack of its iudges' its elitist and marginalised, the appointment address grievances against iudges' proper redressal mechanisms to of of corruption in the matters and several instances inordinate delays in deciding judiciary. higher for'meraide news of close relatives and ln the past few months the their known assets disproportionate to Balakrishnan possessing of Justice K.G. The widely by the national media' of income has been covered sources grave misbehaviour by across other instances of Campaign has also come of lndia' his tenure as the Chief Justice Justice Balakrishnan during of lndia Justice Balakrishnan was After retiring as Chief Justice Commission The process of National Human Rights appointed as the Chairman in Sec 5 of Protection of of NHRC has been given of removal of a member to the provisions of sub- According to Sec 5 (1), sub.l'ect Human Rights Act, 1993. Commission shall only or any other Member of the section (2), the Chairperson the ground of proved by order of the President on be removed frcm his office on reference being made to after the Supreme Coutl' misbehaviour or incapacity the procedure inquiry hetd in accordance with it by the Prcsident, has' on that the Chakperson or the Supreme Couft' repoded prescibed in that behall by such ground to be the case may be' ought on any such otfier l'tbmber, as in sub-section (1), the to Sec 5(2), Notwithstanding anything rcmoved.According other Member office the Chairperson or any may by order remove from President an lhe case may be (a) is adjudged or such other Member' as if the Chairyeron out of offtce in any paid employment (b) engages duing his term insolvent; or of continue in office by reason of his office: or (c) is unr b srde fhe dufies by a mind and stands so declared mind or body; or (d) is of unsound infimity of for an and sentenced to impisonment @mpetent coutt: or (e) is ctonvicted involves moral turpitude' in the opinion of the President offence which on the known instances of misbehaviour The following are some of as the Chairman of which make him unfit to continue part of Justice Balakrishnan National Human Rights Commission: law and names of his daughters' sons-in l. Benami properties in the brother. Justice Balakrishnan Soni' the elder daughter of P.V. Sreenijan, married to in the Kerala High He is a practicing advocate from a humble background' comes as Chief Justice' started his three-year tenure Court. When Justice Balakrishnan and tourism' According huge investments in real estate Sreenijan started making on his assets and liabilities to Election to Form No. 26 filed by Sreenijan a lndian National Congress 2006' when he contested as Commission in April 3' District' Kerala' he (reserved) constituency in Eranakulam candidate in Njrackkal had no non-agricultural no agricultural land' Sreenijan and his wife KB Soni had ooo at Thiruvankulam currenily varued at Rs.30, His wife had 2g.32 cent, land. Both had no Kerala in the survey no' 392t7' in Eranakulam District in Mllage Rs 5000 and S'eeniian had cash in hand properties and apartments' commercial deposit of savings bank account with a had nothing sreen'rjan had his wife and his Branch in Eranakulam district at Bank of Baroda' Kalamassery Rs.20,000 savings or shares of any companies' nothing' Both had no debentures wife had gold valued at had 3 sovereign (24 gram) certiflcates vehicles' Sreeniian at Rs l'20'000 Both 20 sovereign (160 gram) valued Rs.18,000 and wife had copy of the said assets rights acquired by them. A decrared no heritabre herewith as Annxure'1 ' declaration form is annexed and others in the media have Recently' Asianet' Tehelka and soni after Justice properties acquired by sreenijan uncovered various lndia' became Chief Justice of Balakrishnan on lands along with an old building along with his wife purchased . Sreenjan cent in 14'455 cent' 9'904 cent' 2'5 April 8, 2OOg - 9'241 cent' Value shown numbers 265/1 and 265/3' Varappuzha Mllage of survey lakh' This deed Market value is around Rs'60 Rs.7, 22, OOO' The cunent

"W**'- lb

is shown Soni lives in a posh flat (that address agreement also shows that inthedeed)F4.TravacoreResidency,ManagdRoad.Mamangalam, sale cleed is annexed herewith as Eranakulam. A copy of the said Annxure-2. in Alangad village cent of land on March 3' 2007 a Sreenijan purchased 20 is more show is Rs'80' 000 Market value survey number 176/15' Value as the said sale deed is annexed herewith than Rs.7.5 lakh' A copy of Annxute-3' and of land having survey number 17715 Sreen'rjan purchased 3 750 cent Value number 176117 on March 3' 2007' 90 cent of land having survey of the value is more than Rs'20 lakh' A copy shown is Rs.2, 3000 Market herewith as Annxure-4' said sale deed is annexed 20'8 cents of Soni on June 5' 2OOg purchased Sreenijan along with wife in old survey nos 176/6A and 176/6Al land and 9 3 cent of land of va'lue is Value shown is Rs'30 lakh' Market Eciapally South Village' expectedtobemorethanRs.3crore.Acopyofthesaidsaledeedis annexed herewith as Annxure'S' 64 Square feet of SmtVasu purchased One Acre a PV Sreeniian's mother October 6' in Edapally South Mllage on land in'survey number 176/6A and market This is a Commercial property 20i0. Value shown is 15lakh' sale deed is Rs.one crore. A copy of the said varue expected is above annexed herewith as Annxure'6' purchased flat and PV Sreenijan's wife) Soni(eldest daughter of KGB . KB of the Mangattu Rd, Edapally (heart of Travancore Residency in at F4 value show is Rs'Six lakhs' Market Eranakulam City) Feb 12' 2OO7 'Value sale deed is Rs'50 lakh' A copy of the said at the time of purchase was annexed herewith as Annxure-7 73'14 cent and cent' 35 25 cent' 52 89 cent' o Sreenijan purchased Sg'86 is under construction at 2'77 acres' A big resort - 59.38 c€nt of land lTolal propertyl of survey numbers 207G,207711' this prace This is river side Panchayat) on Kallur Village (Kadukutty 2385, 2076t1 and 2075 in property also' Value are old buildings in this November 13, 2OO8' There property was above Rs' 2 The market value of the shown is Rs'14, 00' 00' as Annxure'8' sale deed is annexed herewith crore. A copy of the said for purchasing along with others (non-family) The sale deed of KB Soni . in heart of the 1986/'1 of Eranakulam village legal ofiice in Survey No' March 19, 2007) Varue to Rairway station. (on Eranakulam town, opposite Rs 50 lakh But the Market value is around shown is Rs'1 47 lakhs' deed is annexed etc' A copy of the said sale - excludilg furnishing cost herewith as Annxure-9' Asianet and Tehelka) (Alt documentsaccessed through rl

also son-in-law' advocate MJ Benny Justice Balakrishnan's second after his marriage to Rani' Justice became considerably wealthier during Justice Balakrishnan's younger daughter particurarry Barakrishnan,s he purchased trlarch 2008 and 26 March 2010' tenure as CJl. Between tg lakh' This is prime land five title deeds for Rs'81'5 98.5 cents of land through Ernakulam district' A cursory National Highway in Marad' along the was period shows that the property of land rates during this comparison Rs' 4 lakh p""h"'"d the property it was around undervalued. When Benny per cent thus making the it would be Rs 10 lakh per cent and at current rates yearly income as lakhs' Yet Benny showed his value as Rs' I crores' 85 total and 2009- the assessment years 2008-09 lakh and Rs' 5'5 lakh during Rs. 5 years' (The father' Benny a milrionaire in two Just five land dears made 10. Besides properties' Tehelka 26 Apit 2011')' tfe sons-rnJaw and the unholy other lucrative investments' properties, Benny has also made these Swapnil posh commercial Shop/Office in . MJ Benny purchased a (heart of the city) on in Marine Drive' Kochi Enclave (Room No' 12) was around is Rs 35 lakh Market Value Dec 15, 2007' Value shown is annexed herewith as of the said sale deed Rs.Three crores A copy Annxure l0' estate and farm purchased 10'5 acre rubber . Rani KB along with others Value shown Market on May 28' 2OO5' properties, near Athirambuzha isRs'l0lakhs.MarketValueisexpectedaboveRs.Threecrores.A is annexed herewith as Annxure''|1' copy of the said sale deed 2009' Value in Marad Village on April 26' Beniry purchased 31 cent . property near the The Market value of this shown is Rs'39' 56'250' sale deed is crores' A copy of the said National Highway is Rs'Five herewith as Annxure'12' annexed Value Village on April 23' 2009' purchased 6tS cent in Marad o Benny the value of this property near is Rs'Two lakhs' The Market shown sale deed is 30 rakh. A copy of the said Nationar Highway is Rs. annexed herewith as Annxure'13' April 23' 2009 Value 6 5 cent in Marad Village ! Benny purchased property near the The Market value of this shown is Rs.1.90 lakh' sale deed is lakh' A copy of the said Nat'ronal Highway is Rs'30 annexed herewith as Annxure''t4' April 23' 2009' Value 7'928 cent in Marad Village a Benny purchas ed property near the The Market value of this shown is Rs. Eight lakh' sale deed is crore' A copy of the said National Highway is Rs'One annexed herewith as Annxure-15' Asianet and Tehelka) (Atl documents accessed through Ll-

who was a Justice Balakrishnan's brother KG Bhaskaran High Court also possesses property senior Government Pleader at Kerala Bhaskaran resigned after these beyond his known sources of income' Mr' facts came to light MV Ratnamma (Advocate' Retired KG Bhaskaran , along with his wife 30 cent and 12'14 cent including an and suspended Munisf) purchased and 397t7 in Thiruvaniyoor old builrting old Survey nos 338/3'339/1 Value show is panchaYat. Date of purchase June 24, 2009 than Rs 2 crore' A copy of the said Rs.21,75,000. Market value is more Ann xure-15. sale deed is annexed herewith as and 53 acre land in KG Bhaskaran purchased a Farm House in Tamil Nadu' Value shown is Bodikamanvadi Village in Dingugal above Rs' 10 crore The deal was on Rs.19,27,285. Market Value is to mention that Justice Balakrishnan November 28, 2006. lt is pertinent ,1999 for a year from to 2000. A copy was Tami| Nadu,s Chief Justice herewith as Annxure'l7' of the said sale deed is annexed and children purchased 40 acres of KG Bhaskaran along with wife But Value shown is around Rs'six lakhs' Farm House on Feb 23,2005' is crore A copy of the said sale deed the Market value is above Rs'3 annexed herewith as Annxure'18' March 18' and children purchased on KG Bhaskaran along with wife lakh but the market land' Valued around Rsfive 2OO5 20 acres of farm valueisaboveRs.3crore'AcopyofthesaidSaledeedisannexed herewith as An x re-19 on March 18' with wife and children purchased a KG Bhaska ran along but the market Valued around Rs Two lakh 2005 farm I and 2.13 acres. is annexed copy of the said sale deed value is above Rs.50 lakh. A herewith as Annxure'20' .KGshaskaranalongwithwifeandchildrenpurchasedonMarchlS' but the market Valued around Rs 1.7'tlakh 2005 farm land 20 acres' valueisaboveRs.scrore.Acopyofthesaidsaledeedisannexed herewith as Annxure-21' through Asianet and Tehelka\ lAlt documentsaccessed kin of their known source by the This amassing of wealth beyond of the his tenure as Judge/ Chief Justice Justice Balakrishnan during was given to these people as indicates that this wealth Supreme Court clearly then Justice Balakrishnan' illegal gratification to the Kannabiran' name of his former aide M' ll. Benami properties in the by Headlines Today on 4s February Accor'ding to a story covered - his discretionary power Minister M' Karunanidhi misused 2011, Tamil Nadu Chief former aide of Justice plots of land in Chennai to a and allotted two prime -)

Ioday show how Justice accessed through tleadlines Balakrishnan' Documents Rs income was iust around Kannabiran' whose monthly Balakrishnan's aide M' Rs 4g rakhs and the other the plots, one currentry costing 10,000, was aurarded documents are annexed herewith Copies of the supporting around Rs 2.5 lakhs'

;ffihattheTdmilNaduHousingBoard(TNHB)swiftlyclearedplots just a allotment for both the and issued the letter of Kannabiran's rapplication quota' Minister's discretionary tne request' As per the Chief day after receiving allotted the person However' Kannabiran was plot can be allotted to a only one was not clear how he government emproyees. lt prots under the quota for two in Tamil Nadu at the time was not even working qualified for it' Also' Kannabirai from his iob after the news the land Kannabiran resigned he was granted been bent that rules would not have allotments' lt is obvious cove.rage of the said used his influence with the and in fact Justice Balakrishnan for a lowly employee This in itself is Tamil Nadu to get these allotments' Chief Minister of was Kannabiran's monthly income in light of the fact that misbehaviour' Further' have been purchased that the said plots must just around Rs 10'000' it aipears Balakrishnan' benami by him for Justice given by of evasive and farse replies Justice Balakrishnan approved lll. application filed by Sh' Cou* in response to the RTI CPIO, Supreme judges' decraration of assets by chandra Agarwal regarding subhash in Iimes of lndia on Otto''nn to a news-story published filed by Sh' Subhash Chandra in response to an nft application April 14, 2OO&, Court's central assets by judges' Supreme regarding declaration of Agarwal relating to declaration stated that the information public information officer(CPIO) control of its registry and is 'inot held by or under the of assets by .iudges RTI sh. Agarwal filed another furnished by him. when therefore could not be applicationtoaccesstnefilenotingswhichledtotheapprovalofthereply'itwaschief jirun approval of the then repty *", with the revealed that this etr.iu" himself supposed to be the Balakrishnan' who was Justice of lndia' Justice of those declarations' custodian was in fact placed before RTI query on asset disclosures The frle related to the on two occasions' Just'rce Balakrishnan 2007 CPIO on November 27 ' a note prepared by the ' The first time was when of the SC registry' secretary tor approval" by the head was "put up to Hon CJl

Justice ,,submitted for orders" of the chief fi:"::'.:J fl: was when Jain again November 30' 2007' note of the CPIO dated a slightly revised date' ln a signature with the same Justice Balakrishnan's The secon'l note bears in the RTI response' the points proposed to be mentioned reference to the three "A' B & C approved'" Chief Justice wrote: that the says: "The applicant may be informed What is crucial is point B, which of assets by Hon'ble Judges of the Supreme information relating to declaration of lndia' control of the Registry' Supreme Court Court is not held by or under the under by the CPIO' Supreme Court of lndia' and therefore cannot be furnished 2005'" the Right to lnformation Act, under note' the CPIO wrote his formal reply ln keeping with the CJl-approved 30' 2007' RTI on thatveryday, November and the single and division Later on the -Central lnformation Commissioner be allowed to held that Supreme Court could not benches of Delhi High Courl the purpose of registry and the otfice of the CJI for make a distinction between its to disclose the RTI Act and that the CPIO had giving reply to an appllcation under was avairable at the chief the said apprication since it the information asked for in is annexed said news story dated 14'04'2008 Justice's offlce. A copy of the herewith as Annxure-23'

of Justice Paul Dinakaran to tho Resisting attempts to stop elevation lV. and charges of land-grab' encroachment Supreme Court despite many sources of income' possessing assets beyond his known the name of Justice ihe Supr"'e Court Collegium recommended August 2009' ln of four other high courts in along with chief justices Dinakaran Court Bar by Bar Association of lndia' Supreme spite of representations made many noted iurists' Justice Judicial Accountability and Association, Forum for elevation of Justice Dinakaran all the attempts to stop the Balakrishnan resisted after *: effort to elevate him' Even and in lact made every "":U'::l:::T:: recommendatio" j: re,iected the collesium's ::: proceedings:lt::::ff: agatr JlS::t5 :#:rl 2009 and impeachment DecemUer late as on January Justice Dinakaran as Balakrishnan defended started, Justice elevate a conupt CNN IBN' Seeking to knowingly 2010 in an inteNiew to 16th lt may be noted that the a clear case of misbehaviour' to the Apex Court is iudge Alam has framed several headed by Justice Aftab Statutory inquiry committee on 16th March 201'l including against Justice Dinakaran very serious charges income; to the known sources of his possessing wealth disproportionate in favour of his wife and two five Housing Board plots unlawfully securing under the prohibited and punishable benami transactions daughters; entering into Act' 1988: acquiring and possessing Transaction (Prohibition) Benami Nadu Land Reforms ceiling under the Tamil holdings beyond the agricultural on government and 1961; illegal encroachment of Ceiling on Land) Act' (Fixation livelihood; violation the poor of their right to to Oeprive Oatits and public prope$ during official poor; destruction of evidence rights of Dalits and the of the human of properties on duty; repeated undervaluation obstructing public servant construction in evade stamp duty; illegal "nquiry, registration of eale to at the time ol position to permit; misuse of official pt"nning law and planning breach of the town acts for personal galn; facilitate other illegal secure property and unlawfully contrary to settled to pass dishonest ]udicial orders; abuse of iudicial office at or for his own uniust enrichment' to favour a few individuals prinoples of law in matters country's natural resources; public exchequer and the the cost of the several pecuniary interest to secure he had a personal and direct where administrative actions; for to take inegular and dishonest properties for his family; facilitate dishonest iudicial n*ing ,o]t"r. of iudges to constituting Benches A copy of "no appointment and transfers' to make arUitrary and illegal decisions and herewith in The Hindu is annexed 19.03.2011 appearing the news report dated as Annexure'24' former Court judge alleging that a letter written by a High V. Suppressing function and laterlying to interfere his judicial Ministgr A' Raja tried Union implicating any Union not received any such letter to the press that he had

Minister' had written a letter of the Madras High court Justice R Raghpathy lndia' in which he gaf";tnnan'tt'e then Chief Justice of 2.7'2009 to Justice K of Tamil Nadu and Pondicherry the Chairman of Bar Council stated that influence him to of Sh' A' Raia' tried to who is reportedly a friend Chandramohan, and his son' who were to his clients Dr Krishnamurthy grant anticipatory bail in (CBl) for forging mark-sheets Bureau of lnvestigation wanted by the Central said Balakrishnan' Justice Raghpathy ln h'rs letter to Justice MBBS examinations' over 'a Minister by name Raja' *"nt"O him to talk to Union that Chandramon"n famity friends Justice -bail the accused were Mr' Raja's the issud as both in an order daled 7'12'2O10 Justice mentioned this incident Raghpathy that he had not dated 812'2010 stated in fris press tonf"'"n* Balakrishnan that Mr' Raia's name any Union Minister and such tetter-impticating received any This claim of Justice Justice Raghpathy's letter' not mentioned in who was a Supreme Court Judge by Justice H'L' Gokhale' was refuted was Balakrishnan the time the said letter of Madras High Court at was the Chief Justice he Justice Gokhale said that press note dated 14",l2'2010' written. ln a detailed July Raghpathy's letter dated CJI a copy of Justice forwarded to the former had had in fact acknowledged 5' 2009' The former CJt by a letter dated July 2, 2OOg as follows:"vide letter t"n"' dated August 8' 2009 same in tlis the "'o""qu"n' letter/report July 2' 2009 forwarded to me a detailed July 5, 2OO9' you have dated concerning the alleged the actual state of affairs of Justice Raghpathy reported in the "*pf"ining Government of lndia of a Union Minister of the misbehaviour by that letter that he former CJl informed me eoXnafe said: "The media" Justice the above incident' memorandum concerning received a oopy of the had to the Prime-Mi:'t't':t O of Members of Parliament Uy a t"'ge number addressed on the issues raised to seek my views/comments copy thereof was enclosed letter on August 11' 2009'" therein' I replied to this no mention of the name of statement that there was On Justice Balakrishnan's Gokhale said: 'l may point report sent by him' Justice any Union Minister in the with him [Justice Balakrishnany Raghpathy's letter was already out that Justice had specifically thereof Justice Raghpathy and in the second paragraph I personal knowledge about the Minister Raia' I had no mentioned the name of with the contents of in my reply were in conformity incident, and the obseNations RaghPathy's ietter'" Justice have made it clear that and Justice Gokhale's revelations Justice Raghpathy but letter implicating Mr' A' Raia not only suppressed the Justice Balakrishnan press grave allegations' A copy to the nation about these did not flinch from lying as Annxure-25' Gokhale is annexed herewith release issued by Justice

been guilty of Justice Balakrishnan has The above facts show that to kindly make We' therefore' request you acts of serious misbehaviour' several acts of misbehaviour for inquiry into the above to the supreme court a reference Rights Commission Chairman' National Human of Justice K. G' Balakrishnan' Act' Protection of Human Rights lndia under Sec 5(1) of and ex-Chief Justice of 1993.

Yours SincerelY'

(Prashant Bhushan) aatet dedarauon Dy {/ ri z(11 5C evastve on Juo u€rttlvacvtv.'Y'5 youtrcomputer' Manbrama News, LIVE, on http:/rivc,indiatimes.com 0e- ,:1.,., t_,,.

IIITIrININII)UNTDf,\

Ytu r. tra ilr > Ootclsr. t CPlo RDL{ I l.il) xr:}'\f oRtxi: cl't"

bY Do you own a buslness? SC evasive on asset declaration judges 0 0 Bo tound on Google lor f ree t\'!i. \t,' rl. rellr, ii i5!i tr r *(trrrrrd lijrrr) \'i)'ll lr('l, lrsllrll' l ' lY > r )it:$ l)f.l.llI: \t!'n Suprrtnr (i)urt jtrdtcs 'rdoPlt'! I Icsolrlioo lrsets lo lhe Chicf dc(nalo a,ao lo Nakc lr pcriodic drclarati('u oflh(ir Ptaces hr)uld D"t mldt prrblit' llrrl Google i""ii." .?i",i". trt"l ioo! (erc lo $tntt lb'rl thr d(lails oflhti' holdin{" b( $htthct tar ( htcu filioB ritrl dcctatatir,nr at all' oo*. rt* i, t €\ari\ c ',n iudBs' ",,r. "'inx, lh( tollrl'\ cetllral publi( iDfi,.nrdliotr of,ircr l$ his respoola lo an RTI (ritht l(' io(orntrlioo) appli(rlio!' rhrt th|r infornralion rtlalinB lo d(clnrrlii'o of iinof. ."glsirBr Asbok xu$nt. sirrph: 'r'id i*"""'irlrJ**L-t.rhtldb)('.(rde'l[(ci'ntrolofitsregislrvartdlherefortc')uldn"ltx''uroishr.d"iaitir*l hv hir[.

bdia Web ;t Dowr*oad ErfiarEed hter€t Eplorer 9 tor a More BeaUjt/ *$r,v regent€rEed c

Irpo,. No\Y , Think Srnart with Lenovo Pr@€ssors I Leam abod Tfir* ProdLEts po$€red by he@ Cors 1: w\^lw thrr*rngnele19loPs cottl

ir.frdr t Jd .f ltr.

$ilh lht o/'rdio show lhat lhis llusivc teply lrar Bivcu Ttre fh nolirSs, ir fross(srioo of Drc 7l'n(r ' *hu ir hitnsclfs{pP('$(d ro b( rh( XET,ATEI' AXTICLES irr."'"il,iii"'iiriir""ti( c i,f t udia. Jusri(; x c &rtalrishoao' Scjudt$ out of RTI loo? (tlstodirI of lhoic dcclatnti')n$' tt{hLrishuar r'n lr,r9 r.3ood qutn a.scl dL'(kt\urr: ri'i io fact Phc(d h'fi'rc Jutrirt 'Ite lilc r{lal':d lo lhr llll "r retd du{s Air lndi{ told lo s('ttl(' "lrffefs tqr$ $ up l{' t!'lr' ('' l for July 3!, b) lh( (Pt O n Novcnlter 27 2(to: ' r! )$l lta first tinr rrls l(hc0 a llolc Prrpatcd " ' dirtctor g( octrlV KJrio' CIC imtx\x's R.r 25,ooo lin(' on Est{tt fr"o,f oftht sCrtgisuy,s{(rcl^rt "op.or"f:Ut,lro .!,r{ rr. roq 'rubnrillcd orderr-oftlr0 (tisf a llithlly revircd o"l( of sr(ood tinlc rras Nteu Jriu fo' The 'Baitr 'uslice rltc elod.rcd Nore b(r Jo :roi'7'

ThrsrcondootebcersJurticclhla]rirhnar"isigrli'lurt'withibe6anudele'lnat]phalllbriefrci'rroctlt (' '--0" iu tht I fl rcspoosc' the ChirfJcrtice x'rote: I iir". ,.t"o *.posed lo be mcolioucd "\' aDDtol ed.- to nray bc iolormed th'l lbe iD'ortnrlion rrl'1i0" ir p{)irl B, $hicb sa] s:'Thc aPnlicant $hat is cruci.l -tt"ot'l" thc (ontr'lrtt lh( t tuages ufttr'" suprcrrrc oourt is ool hcld hv or-uodtt ffi;;;;;;Ji. the c?lo' slpnmc ct'u tn''lia' aot tr'eJi" Lunot be tumishcd bv '0( ild;;;;;4,;n ',f lndia, uude.lbe Ri*ht lo I u(ortluti"n Acl' 3l'o5'

lrk'cpiutL'ithlbcCJI'apprur'(tlool('ltrCPIOwrot(hisfornulr'nl)'nd(rR'Il('rtlhalvendar' Norr.nrbrr:l(r.loo-. (?lO'' tht (:'t approv{l lht cvasioD cant( l" lighl llr:}nk l" Ttr do(unrl:lllirtii,o brhirtl llr{ rolllr irrd ''. "f r'flhr fil( [Dlints' rTr ,rpptl",,ti.'I i"Ling 'trsclosur(. "r.,itto. (en ca_'il!' liay whtlhcr r!"trlJn(c lo lrauspnr'ur'1 : Tbou4h the Cll ll hrs cxfDsrd tbc lP€t court! lh( 'tld8(\ lh( t?l o i' niarte tU ctairn undtr lhe 8 fl Arl tlat lrarc beer filio:( d.clar.ti"ns ('ftbcrr a\s;tt' u', ... indiatirnes.com/.../27741209-1-asset'

t t -r, 3r.trr JL cvo)lvc Orr d55et OeUdIoOUrl Uy JUO I i0fonllalion ir ool io porscsiioo of tfid r.!islr\ ft\ (ommissioD' trhi([ $ill h!r c to t rul'n,a Th€ nratlrr is mN pcrdiDs bcforc lh( Ci:utr.rl Inforrrr.rli(,r th ' oo rrhcrh(,r tbe S.lprsu. (i,l|tt rould bt alluwctl !u rl'Jlo . dLli|n lion bclrr(en ils regislrv 3xd ll't r'ff(t o,thc ('.,1 i|trnoltvioushidlor1,Ifcrir|lnlonil].)nlIchll(rfronl'rrl.,hlig6!ioIunderttcKllA(l k,8ic.l (oB(lu!i,rrr. llt lflh( justi6cntio! ofrcrcd for itoDer.alliu 8 I hr qu(\u0t| or asscls ir trlcn to il! (.PlofUr lh( sllPr(llrc (:, nCanootJnsxfrqu(.ti,,trJrGlelcdlolb('(,1iofficcaodJuslitt ll.l,lnshnatl r.ill rherelorc h{r ( l,) rppohrt J *'pnrarr ('PlOtor h'rrr"cl(

'llrr. R I'l .{tl dot. oot .r('rrrpl lll. Ull lrtrrrr rl} llnn'trt

Ao !t Goga lCroroLifeCover-LlC Got tcroro secunty @ Rs.818'p.n & Sa\€ Your Fatnty From Ary ifshap Dr*l, Potcla..aa, co.n/Tcrm ln6 stanc€ Start whh FOODPolS h\,€st h Ash's Food hdustry Korea Goy't ProviJ€ A! Suppo.t

I'EATt'RED NRTICLFJ

Balan tn a bikini! l-arJ. Mlhelih tr, ti{: thc knol Eest y)silio[r to 8,ct Yrdva 5 on frb r9 Prrgnant fast

Xo,c:

SBI inc rcas(s int(r(st rrllcs SLN before t5. *irls PiP l,)ts: sllld\ TCS to hi.c in F1-2or2: CFIO &)onr kiss no bit dr'd: Katrinl Kaif 5o,ooo Nc$ s) llstxls for 20I I prclinrc oill Indiln Dnnlcri ln Sriii\ t lnl disalosuc lo \{ ik iL.oli.s?

("rrnlrr\(" r'rr rr;'r'1!(!:"rl lr 1 1i &arr.rr ^r THETIMESOFINDIA -' 'rort '. -,i' I 'i lr'\. $. t inl('$fin(li.t colrl

212 iMiatimes.com/.../27741209-1-asset

? tig.'-- 4n,rtx,^le 2 SUPREME COURT OF INDIA NEW DELHI.I1OOO1 \?

December 14,Z0L0

To,

Ctrld Edltor Press Trust of India Parllament Street, New Delhl - 110001

Dear Slr,

Please flnd endosed here$rlth a Press Release by Honth Mr. Ju$ce H.L. Gokhale, Judge, Supreme Court of Indla for favour of publlcathn.

Yours falthfully, V{^-r;}.. (Meera Hemant) PS to Hontle Judge

Copy to: '

Conespondents Accredited with trre Supreme Couft of India t- (rc t(1 \@ L4lLZlzoLo

reported about an order passed 1.o n 7s December, 2010 the electronic medla Advocate K. Chandramohan from funcUoning by Sre Madns High @urt, suspending Tamil Nadu. That was ln viev of the attemPt as he Pre$dent of the Bar Coundl of :usUce a Judge of made by hlm on 12'6'2009, to Inluence Hmtle n to hlm ln his Chamber that the that Hlgh Court, to seek a ball order by saying The Advocate appllcants werrg faml that the Union Mlnlster was on the trled to hand over hls moblle phone by saylng refused to blk and rePorted the llne to have a Elk wlth tlre Judge. The Judge since I was then the Chief Justice of lncldent bY hls letter dated 2J.2009 to me lnto conslderatlon by the Court whlle Bltt Hlgh court. Thls lefter had been taken prlnt medla on the next day' FffiEE oE-er' The sald report appeared ln the print medla publlshed the news about a z SubsequenUY, the electronlc and bv Hontle Mr' Justlce K'G' press conference held on 8u December 2010 nrsUY HE IS reported to have stated, Balakrlshnan, the then Chlef Justlce Regupathi when he was the CJI' [lat he had not received any letter from JusUce sent to the former I in this and secondly that $e rePort whlch I had '1 phone' havlng blked to Justice Regupathl on @r 0n, for him bo recomm end a fUrther ard therefore, there was no occasl on lves an elroneous imPression 3. The reported statement of the former CJI I the facts it became necesgry for me to verifu about mY Hence, thls press note' 's office. Thereafter, I am releaslng

the former CIl that he dld not receive 4. Wth resPect to the first statement of out that, I had forwarded to he any letter from lusUce ReguPathi, I nry Polnt lener dated 2.7.2009 bv my letter dated forme r OI a coPY of Justce ReguPathlt the same hls subsequent 5.7.2009. The former CII had ln fact letter daH 8,8.2009 as follows:- "wde letbr dated 9 JutY, 2009, You have forwaddbmeadeblld R. RquPathl explatnlng he letter/rcWtt aatd zn lulY, 2009 of Mr. lusAce mlscondud of a Unlon I'linister actual sbE of affairs coneming the allqd of the Govemment of Indla rePftd ln t_- z )-\

had recelved a crPV of the 5. The former CIl lnform€d me by that letter that he by a large number of Memora ndum co incident addressed was endosed to seek Members of Parliament to the Prime Minister. A copy thereof this letter on 11.8'2009' my vlews/comments on the issues raised therein' I replied letter I did not mention The former OI has stated ln hls press conference that ln my phone b the name of any Union Mlnlster having Elked !o Justlce Regupathl over polnt that Jusflce lnf,uence hlm. with respect to thls statement, I may out ra thereof Jusuce RegupathlS letter was already wlth him, and ln the second Pa had no personal Regupathl had specifically mentloned f . I ln confomlity knowledge ahout the incldent, and the obseruatons in mY were ClI, with the contents of JusUce Reg'l itl r. I drew attenUon of the former which reads as fol to the same Pa ra from lustice , the "On 12.6.2009, at abut 2 P,M. during Lunch Recess, whlle I was ln ABmEr, lllgh Court, Madns, mY Om@ Assisbnt Mr. Mu/blr All lnformed ne and that Mr. Qundrzmohan, Chairman, tur Coundl of Tamll Nadu, ls waldng seeking fot an appolnbnent to meet me and immediatelY I albwed hlm to come ln, To frft wlth, he dlnud abut the genercl subjed on Advoates aN x procdlng, he fild that two Percons, who are father and son/aansd ln a crlmlnal Gtse, ate lsfur name and that the Ptldon fild them for anildpatory bil fawurably. Slmulan&uslY, he handed over his mobile phone by syhg Atat the ttnion Nlnlster is on the llne to have a blk wlth me. Right away, I diwungeo ' sucl, frnduct of Mr. Chandnmohan and told hlm hat the a* ,rwuld be dlsposed of tn acardance wlh law, tf listd before me." third FurUtu, I drew the attention of followlng sentence ln he para of JusUce Regupath i's letter regardin on the "I obserued that a counsel, who made an attempt to exeft inlluence Coui by using the name of a Gbinet Minister, cannot be allowed to succ*l in an order in his favour b ad' ln the Madns In Sris letter, I also informed the former Cll about the PetlUons filed clearly Hlgh Courtconcerningthisincident.Theconunuityofthecorrespondence f had shows that the Incldent related to Ad

Justice H.L. Gokhale Judge, SuPreme Court of Indla **'t*******rlt******** lluuex'tre 9 Al exnress' l- buzz By V Krishna Ananth 26 Dec 2010 I l:39:00 PM IST

He can't be NHRC chief

K C Batakrishnan is a former chiefjustice of India and now heads the National Human Rights Commission (NHRC). It is, therefore, an irony that he should seem to be lending his considerable weight and influence to an effort to drain' public confidence in the higherjudiciary The story begins with a Division Bench of the Madras High Court finding serious wrongdoing on the part of R K Chandramohen and directing his suspension from the Bar Council of Tamil Nadu. But for that, the question whether the former CJI foreclosed a case involving serious allegations against former Union telecom minister A Raja, even at the cost of letting the majesty of the law and the courts be eroded, would not have come up. One is obliged to Justices F M Ibrahim Khalifullah and M M Sundaresh for their order of December 7. Coming to the issue, on June 12, 2010, Chandramohen, who is also chairman of the Bar Council of Tamil Nadu, walked into Justice Regupathy's chamber and tried to pressure the judge and obtain anticipatory bail for his client (a doctor and his son, a medical college student, accused in a marksheet scam and murder). He said Rajq then a Union minister, rvas interested in such an order' and held out his mobile phone to the judge saying the minister was at the other end and wanted to tak. iustice ReguPathy refused to entertain the lalvyer. No one knerv about this until the judge, provoked by the same lawyer in open court, said he would reveal all that happened in his chamber. This was when the same case came up for hearing before Justice Regupathy on June 29. The judge did not reveal the minister's identiry. But anyone who }cnew the father-son duo could conclude that it rvas Raja. It was discussed in the conidors and the quadrangle where advocates engage in tittle+attle. ihe media reported all that was said in court the following day. And that led to two things. Regupathy wrote about what happened in his chamber to Chief Justice H L Gokhale on July 2. lle in tunr for*'arded the letter along'uvith a notc to Balakishnan, the CJI at that time, on July 5. While none among us knew Regupathy had named Raja as the minister whose name was invoked by Chandramohen, the Chief Justice of India knew that' He did not act. Balakrishnan had another opportunity when, on the same issue, a memorandum by MPs to the Prime Minister was forrvarded to him. He still did

,] ?) >2 not act. His own letter to Gokhale, on August 8, 2009, mentioned the media reports and about "a Union minister". Justice Balakrishnan then had the powers to order a case of contempl suo moru, but he did not. He had the authority to order an investigation then and there and as the apex court is doing now in the 2G case. Such an investigation could have been monitored by the court. He did nothing. It is possible that he knew that Raja was not just ''a Union ministei' but one who had the courage to defr the Prime Minister too and decide on changing the rules in his ministry. Justice Balakrishnan has refused to act, in defence of the majesty of the law and the courts on other occa-qions as well. He sought to brush aside documents showing wrongdoing by Justice P D Dinakaran and did all that was possible to have him elevated to the Supreme Court. He refused to see the truth, as presented by a committee ofjudges, on the infamous Provident Fund scam involving high court judges in Uttar Pradesh. Justice Gokhale, incidentally, was one ofthejudges who investigated the scam and reported to Justice Balakrishnan. The former CJI did not see something rotten involving a particular judge in Chandigarh despite the evidence. As Chief Justice of India he refused to part with information - as to whether judges in the Supreme Court had filed their assets' statements - under the RTI. Justice Balakishnan, as Chief Justice of India, instructed the registry of the apex court to tum a litigant before the Delhi High Court against the order by the Chief Information Commissioner that the information whether judges had filed their assets' statement be disclosed' When the Delhi High Court ordered in favour ofthe CIC, Justice Balakrishnan had the apex court file an appeal' And when the appeal to() was disposed of by a Full Bench of the Delhi High Court, Justice Balakrishnan ordered the Registrar General of the Supreme court of India to file a special Leave Petition against the order of the Delhi High Court before the Supreme Court of India. Thi fact is that while abdicating his duty when it came to protecting the majesty of law and courts in case of Raja, Justice Balakrishnan did act with prorplr.tt rvhen it came to achieving the contrary. No wonder that he said what he did on December 8, 2010; that he did not know that the minister involved was Raja. But then, he seemed to have presumed as much impunity as he had until May 20101 Justice Gokhale's access to the records in the eJI's office, as much as his own interest in clearing the air olthe "erroneous impression" about his role in the matter has now brought to light the truth that gajakristrnan knew Raja was the ministe: allegedly involved as early as in July 2009. And yet, on December 8, 2010, the fomrer ChielJustice ollndia specifically denied any knowledge of this. Ii is not possible to reverse all that had happened. But then, we, the people of' India, hive the right to have a man of integrity and standing at the helm of the t-1

NIIRC. Past conduct rlay not be a ground for the removal of a member or the chairman, according to the provisions of the Protection of Human Rights Act, 1993. But moral principles certainly have a mightier force' In any c'rse, we came to know thit Justice Balakishnan's statement on December 8' 2010 (that the identity of the minister was not disclosed to him), was not the truth only when Justice Gokhale presented his own case with documents, and the least he can do now is to vacate his ofhce at the NHRC.AII that can be done now and will necessarily have to be done is to have him out of the National Hurnan fughts Commission About the aulhor: Y Krishna Ananth is a practising lawyer in the Madras High Court.

t,,i

t;; . . wr.,r, J! Jw5! slu*ra y.ve! 1r.?..

, f'TIID t'rrro run TIIIES O}'INDIA Former SC judge demands probe into assets of ex-CJI's son-in-law n'xO.lal{ rr5-ral judge' the contn,lEts) (^tr a oentml minisler tryint to in0uence an HC TtIIRI',VAIIAIITHAPIJnAM,IKOCHI: Bartly rreelis ater 6refightin6 hare enreryed from e'rral quaneri for I probe i< C s"hhn'h;'., ios corr" una"i ttt" ipotlitht ssain. Dernandt ;;;;i"fi.d;l"ai, corutt56 in t(erah' ;iil"-;;;;hidrD!!r'! 6oa-iD-lrrr, P v snrrni.inn, an adt@le and s le{der of the Youth 'bafllio8 in.tEase' in srceDihn's assets in ,e.EDt ]tar6 rh€ mo\E qn s is the $,!}! of reDods daiEitrS 8

thst a hiSh'pohered pancl b€ deputed to.iDquitl ilto the &ales atsinst Fonoer SuDrtrur Coun judge Jrstice v R Krishno l)tr dstruDded presideaxo 6oo the pct ofdrairurao of a-ly. ro , G reqqestcd the seek Balakishnan's rtsigoation Jurtie B;rkishDu'r "t"t".-i, Natioud HuDE! Ii8hl' c@Bissioo.

slatemert rctardinS then Mad'as Hith cotrrr driefjudicc H t Gollule's He also &saded e probe to 6!d rhe kuth about BllakislDsn's judte that courl lettcr thlt ! celtlrl Eilister hrd trki to io0uelce 8 o{ poiDted to M B Brjcsh said-a probc rras necssary as the De.dle dsuspicioo slso the Ren eEtiat the &8atr4 CPM Furh $ir,t dde PEsi&lr j!-".U.g"tios[r,t the qedibiliu- of lhe $hidt is *try are deoaadiag a thooogh i.r--Lli rhe freotia.l to .&d iudiciary ',e iurtotigatioo,' Rajesh soi

$ho contested 8s a candidate ofthe Congrcsg-led Uflitcd lo an r0i&rir 6led before lhe state eledioo oomission iD 2006, Srcenijan, 29'32 cerB (a i,.,*":,L ir*iua *,A u,"t f," fri" ;s€ssed only Rs 25.ooo in czsh. The couple had ?3 Sold so\ercitrc and "na "ii" me6sut ofhnd in yieEh) ofland in Thiruranlxlam' a xo'hi suburb'

quotint the 2oo9 incoroe tat p8pel5 ofthe duo say6 Horit$lr, lll thst selrs to hs\E dEDSed siocc' 8s tErtaled by 8 T\' channel. The rBpon 15 lakh anJ Rs r5 lokh, r.spedi\€ly. sotri is thc y'aughter of the former thst s*erijan ond hL, ad.oote r.ile x s;ni,iad annual inome of tu cJl.

These inlolre more than z'5 a

SEeoUaD did oot tlsPond to rep€ared calls otr his cellphooe'

Ajt !aar]h6 d lrse A At go:/ ,.at*t) THE TIMES OF INDIA 4& ut '{tdE ,\b6rn . rO tlt)b9 .P4tt rn-td t rrg ltl€s E S

Ohar Il|nar G.tu9 nart ahal LP69 rnd.nt.rurnm..r r|:r,. ;l:J. .;'.. !d..,l t. -. t 1<,9lit-e'ees a$.rt l%.t t '. 15 |,//4.'a.r'€ :,'r . c'6l I nu LcltErc nrE .i .ttl'. :Etllq.: '..6:iI. :..!,,r. I : .'. l. -. -a | -.r:.1 *r t l I di.:li!! r,tr'r ....,|.L'l t': Frntu\.F ..-, I ,l , 'l 'lt: ' ' t rno. llvro lr,ltrr6. '!n6lDa,EC".,Ia.., rl$anrr I enrraa al't

,Frq avs I G. Or(l

t'a t-5 C{rrErC 20rr 8dY{ C{tEr t Co l.! rtlwn Fo r"r'tndr! t''o'at ta ^l ^grE

) .rErclr!^Pl !:J.rwrr, !ar )-Pr o

Prrr! Close Window

'indian e,x P r e s s

Balakrishnan controversy: Fali Nariman r,vants judicial probe

Agsncle3 Posted online: Sun Jan 02 201 1, 21 .20 hrs Kochl : ibted jutist Fali S lbrirnan tlas conE out in support of forrner Supreme Court ludge V R Krishna lyer, who had dernarded a jLdicial probe into allegations of amassirE wealth by ti|e son-in-law of forrner Chief Justice of lndia K G BahkrishrEn ln a letter to Justice lyer on Oecernber 28, f,larirnan said, "Your prompt and pithily de\EstatirE rernarks on the condrct of tte NHRC Chainnan (Bahkrishnan) desen/es several rounds of applarce."

This is just to tell you ttEt we all (mt rnerely Bapsi and rnyself bnt a very large nurnber of well-wistErs) are deeply behoBen to you for always remindirE Judges past and present that Flonour cornes first. lyer had recently dernarded judicial probe into the arnassrnent of wealth by Justice Balakrishnan family members in the wal e of a televisbn charyel's report that his so+in-law P V Sreenijan had arnassed wealth disproportion to his ktwn sources of incorne.

AccordirE to the channel's report, Sreenrjan, advocate and forrn€r Youth CorEress State Mce-president and his advocate wife K G Sony had properties worth several crores of Rupeees in Ernakulam and Trichur districts.

''.,i ,i L.r r'! L! xr )vvt, v ,.) /-

Tl tE TIIIDS O!' I.\.-DI.,\ EX-CII kin in soup over Rs 3cr assets xfrr.q ita(,El rrlll('- al

,,rnnri".r,rr c}rairrnon aod forrrerChicfJustice Justie o( lnrLa K G THTRWAI{ANrHAPInAU: Anc. his $n-in,Lr\, \;rtronJl llunr.rn liiilrrs r assets' Sobluinlraao'" Uttaho, li (; thrsli:ttrtr, it itt the middle ofo contrortrq'o\Br his

Bhsstal-an 8nd his 6mily o\xn a farm sPread oiBr 60 t 1es in Tsmil Nadu's lnBlir.tidts bY lql Tv cbontrelr on Surdry rE\lslcd thEl x.cgistrar office iiffiiji. i,]i, ;;'t";-; ,he oam of Bhaskaran, his r^ife and kin in 6re sepnrate deed! reSistercd io the Anur Sub to be otrr R'

matistrate. He nrbbished suggesitions about his disprcponionatc ass€sts' Bhss\ua! G a to\lmmcDt plesder 8nd his wife a Etircd iudicial prirale andget paid forthat,'he iiil,f,r,if,"?rriiy i"J5914ht tt o 6nn *itt irssarini.'t deal tith arbitration maners and hart tases said"

ploperti€s family and claim€d that it rva. Dan of8 design to ta8el the Hc rurderd wlry there rrs so mudr buc aod cry otEr ofBalslaishnao's $rnl us to be IiIe ou! arcrsrots at thi rtetty of il Cfl ffr" ,*Aa reports it, it see'lr r^. cau'i or.rr any pmperty. ApPartntlt, they - -". ""y Dalit comounity of whidt he was a uu;,"oao.at.oa u"ing on rheirg6ota'hc sai4 aud added that it amourtod lo questionitt thc entLt p6rt.

He soid the lnespls to 'tarB€t' them rrls pon of o hrger design''

Atstradfr '..,$ J, + THETIMES OF INDI,A Atnr 6 i5^!8. rO U*r. eP$, Fb-n!, rcr nrCS iSS

anlanrhmanl (xraa Tlnaa GJo.t, aawr ala LIYhg and r l!r,r.3 an.$|ttf,t..r'g loE c.r, .6rj | -]con tw/.tdt\lrt | errr! l?;t nnt Crs I rll Ecdtdr tul. r,tr.q I I '.,r,o._9 4r-!s s- l ; .t :r.6 | F'..qt | /,*.r c{n IC-Er I r.rat ILrn torrlhi aF I Uiaf{r a(dlrl -)i&,'r.Jrr: Iv:r'_t tI6.Sc't Ir.rct', IJcorIPtqnt lA,, a, r!lt. l..ru lr.G itl 6 CB aar '!,r- lCicrt I rno.rrE | ;rq iri .lF

Fn? dFr I iio o..n

20rr 8d{ Cdrtr a Co Lr, ntB r6.a Fr tq.r'141s ')''t') 'a :e C(pr,tflO ^l 'd "' "e 7

Print Close window

I ilndian 1*p,rt:t

A judge requested me not to write to PM about Balakrishnan: Iyer hrs Aganclos Posted online: Mon Jan 03 2011' 21:25 a of the Kerala l-[gh cout' who rEs resigned' Nochl : Fonner suprenE court iudge v R Krishna lyer said iudge prime Mannphan sirEh on ttE issue relating to family nembers of had requested hm mt to write to Minister wealth disproportionate to their sources of irEonE' forrner cJl Justi:e K G Bahkishnan allegedty anEssing

nanE of the who tlad approached him with srrh a request' Jr.rstice lyer, however, refused to give the iudge

.l please mt write to the Prirr€ minister. As far as possible. l will lyer said that the judge tlad said should, if l so, accomfiEdate hm" he said. propose so Minister on the issue, Justice lyer said "l do not to do Asked if he was plannirq to write to the Prirne reportJ" he said' now. I assufiE tlte PM must have read rnedia

onwhettErJr,sticeKGBalakrishnanhadspokentohimonhisstaternent,Justicelyerrepliedinthenegative. tp said' "Jr,Etice Balakrishnan has rpt called rne about this"' ,'| Hurnan Rights commission ctuirperson, lyer said on wtEther Justice Balakrishnan should resr]n as t,,lational thin,

A|argenunberofpeEonshavecalledhimandSupportedhisstand.lyersaid,

JtjsticelyeralsorefusedtocomfiEntonastatenEntreportedlyrnadebyTamilt.laduchiefMiristerM .'Karunanidhi rrs lyer. is a very close frierd.,, tE said. Karunanidhi, tlEt it was an issue abotlt Dalit ' TIII' TIIIDS OF INDL\ Kerala CM orders probe against former CJI Balakrishnan's son-in-law Pnrtl loit o r5.,i 6t

THIRWANANTH,/IPUR'/\M: h ! lcr tvrist to lhe ptoD.rty s.am in\ohint l' \' sr'(1nir.rn, son-in -lah' offcnrer Chi.fJustice of Inrl KC BahlTbholn, K..r.rh dlid Dilislll V S A.lr ut ha nrin rl.,i u on Mon&y rt

tn r letter to the hdD€ roilrister lbdilrd BalshishMn, the ddcf EiEisler said it *'ould be appmpriate to hold a vigilaoce enquiry into the dtrEe rhlt SEesijsu hld stDEssed Fopelty hsrh 6o.Es ofrupces in a shorl span oflime-

Adruthanar ilan's letter*rs b;sed oo a complaint he receirEd ftom one Samecr belon8ing to iuattancheD in Kochi. sources at the Chicf Miristc/s o6c. s!id.

Soer.rl pditiol le]aders lnd Judsts hs\c d€runded r pmbe into the matter and asksd K ( , Il. rll I ri.h na n to step dohr as drainnan ofthe Nrtioml HuttlaD Rights Comoissioo.

Moily'6 virtusl dcrn drit to K G Bsl8lcishnan

Earlier ir thc day, Udoo law midster M Veraltu Moil)'oD Monday rinually gare a dean drit to NHRC drairrEn aDd fomer Crl K G Balalcishnao, sayiug there is uo evi&rce of misuse of o6ce by hiut-

'l do\ haw ewo r singte Diece of DaF. to say...these arc all the allegations", Moily said, rcsponding to I qu€slion on allegatioB against BrblrishDu's soo-i!-law for araassing disproportiooate assets ard againd his brolher which appesred i! a r€dion ofrhe oedia.

'lt's oob io ne6pspe6 8!d (tel€visio) dunuels', he ssid oo the alleptiom, addint :jun because somebody lerels dtarges, thg don'l bccooe tnre'.

Mdly 6aid lll€t.tions shq d be lilled to Eisuse ofo6ce, ifrny,bythe fonner CIl. 'Ihere is no linkage betreen the ererdse ofduq oe a judge rnd crnail poperty nade by his kith aod hu', he said

THETIMESOFINDIA lbi ra lttdt* en qa rtG c (* Po-aB e\g rras RSS t5,tE lO ritar .2a.,

d!., lhr.a G.up lrY. .Lr tlYhg rrd .rd.ruhtn.nl -r,ir l.ucrE /,o rrfiaCr6r|IrE ..EDC TrB rr6c,D l,016l8oi..@ | :rsn 6!r, ,! | I !,4o! la,rrtlr lE d at 'r I nd! B!!e!! ra |.a,r.t!S^ |..e, rrB,|^rErF&rgnIC9,rIlt tr|ftn, Fta .F I di"Jllt .rc{i :tt5 r, lcidr I !a1-o4r I En$.ft. | tutoer I L. I hlrtr| | ary c, r !rb. llnu |Itrt !5. rsrlorl96C.ifllEnar rrE l'B I.rEtnc alF *n? atFr lC. O-r

C.pr,tcrC2orr Brfl C.Er,' t Co ltl al nt6,€.d\d td tq.rttq t ' -4 '-t'?-.?-i' as,'-.

i( 7o

Pdnt B Clo6o

Fali joins chorus against ex-CJI

Thiruvananthapuram January 3, 2011

Thc chorus against K. G. Balakrishnan got shriller s ith eminent jurist [iali S. Nariman joining a host ol pronrinent people demanding an inquiry into the allegations ofcorruption against the former chiefjustice of India (CJI).

Nariman exprcssed solidariry with justice V. R. Krislrna lyer, who demanded a judicial probe into the allegations that P. V. Sreenijan, son- in- law of the lormer CJI, amassed property worth crores misusing his father-inlau/s offrce.

"As ah'ays you are the hero of20l0. Your prompt and pithily devastating remarks on the conduct ofthe NHRC chairman deserve several rounds ofapplause. This isjust to tell you that we all are deeply beholden to you for always rcminding judges, past and present, that honour comes first," Nariman wrote in a letter to lyer on December 28.

Iyer, a former Supreme Court judge, had requested Parliament and the Prime Minister on December 27 to appoint a commission to inquire into the issue.

Sreenijan s'ithin a span of four 1'ears had rr,'ponctllr purcharcd l'lut: unJ Iurrrl in prinru luuatirrrrs in Kochi and Thrissur, rvhich are now worth several crores. Sreenijan, a la*yer and former state Youth Congress vice- president, is married to Balakrishnan's daughter Sony, rvho is also a lawyer.

He had unsuccesfully contested the assembly polls in 2006 on a Congress ticket. Among his property are 2.5 acres of land on the rivertont at Annamanada wonh Rs 5 crore, 30 cents (a measurement) of land at Elamakkara in Kochi worth about Rs 3 crore, a luxury flat in Kochi rvorth about Rs 75 lakh and an office near high cou( worth Rs 20 lakh.

Print E closc

URL for thls article : http://indiatoday.intoday.ir/site/Story/125385/hdia/Fali+joins+chorus+against+ex-CJl.htnl

-l jt

. TIID TL\IES OF INDIA Probe ordered into ex-QII kin's wealth

-na ir C lra( r .. :Dr l. 0a !b 5r

THIRWANAIiTHAPUi II: C@Cbti!8 E8n€rs for:{}lRC dl'ire6r 6dd erthief Justice of lnrlia K G Salakrishnao, Kerala CM V S .{.-\rtsnnndnn oo lrloldly ordard tbc rtafe hoe &DrnDeut to sta.t a vtilsne prob€ into dlary.s that the forrEr toP judgel !o!-in-bw P V sn('niiln hld lElsstd hugc rrttlth.

l{hat na}es the der,rlopocst sitoifcart is that the prcbe, if it t6 ahead, r.ill also hare to lool into the nunoer ia which Sreenijan, a lrg}tr by pro&ssioo, alle8edly acomulated the sssets. This in tum rrruld mean that the prob€ agency sill hart to sii for evi&nce to 5oe if SEelijan had misuxd his connecious with the ofr.! ofthe former CII.

VS gs\t the dirt

lDter6tiutly, the CM's prcactir step hrs put both the Cootrtss and the CPM in the slate in a fir Ever siDce the alletatioos carE to litht, CoagrEs le8&E i! Ksals hllc been tryiog to Dut up 8 bra\r fa.. a[d demand aD intrd-pary* probe against Srceoijan, a Youth Con8re55 leid.r who hrd coutested as c.udidltc d the Codtitss-led Unit(l Dtmrxrrtir' Frunl in the 2()06 Assembly Polls,

It's a difiorlt pill to srrallon for the CPM too ti\eD Eports thal the Srqrh.mt Cou n had fast tracled heariD8, on the appeal of parry srate sectdrry PiDsrryi Vtja)rn ia the SNC-h\li! case o! $e dire.tions of the former CJl, This was rerealed by the SC qinry in tEply to ar RTI query by a Delhi-bcsed law1u. tnte,rcsringly, CPMS Malr)alam mouthpicte Deshabhinrani had blael(ed out slalements made by SC Judge Jurtice v R xdshEs lltl ald psg'Futh wiDg leader \t B Rnj6h deeandin8 a Drob. iDto drarges ataiDst s,teDijaD'

trteo[htite i!'fhrissur, Uoio! &fere Biriner A K Aatony ssid he had ooly seen mcdia rtpo.ts atainsr Balakrishnao's hn, but add.d that their \rracity needed lo b€ €strblished

alvr.a -dG ., .$e THE TIMES OF INDTA Atort 6 -D '6 Foxrd !, ralEllrlfs 8SS ltrvlxls IO raror .tB,

Oorar llnra Grcup nara ara Lirhg.od anLrtrnm.nl - Sankar rrna| ErD.( Id€r rre:l:rsl., e.,: I ,a, r.,t1l'i,1 a<^\n I utD'r! | ?d, ,nd1\ | fl*. t 'GardlD. " (r.!,l; ^,.i Fialk'.F ldi.l&l .ri4{ 8Lttrr {* :,.{, 1t... .Erl lli.sr lrLd :}€& ,' 0.16 lr,tar',rra I rtI,'l'lt\,,qt^&.,te,llCar I J,rtlk.$.t la4 .z r flOi rrrrtr rl,t lr.B ,rnt.l ol..9 a C'\i lE.r.l rtoa.r l.llll.rd llFr F ? trt,fr lGo q.'t

Cgrrlchlo2Ol! &.r .CetslCo l,.li ll nlra rs\.d rc, rqfl.Vn r -6 : r.r'.?r .J, S4.,.e JZ TnuEcoxolu<;Tnrus Tr.. J. 0a. lO! t I Lbrld 6.(aPu lir '

2' OEC. 20rO 6 rrta rsl .r A scai^€I BrE^u Kith and kin put ex-CJl KG Balakrishnan in a spot r(} tf. (brr( arJl'Al A$qt l{ .{ l.D1l{r in, . irr gr 6 A*l rs t-.! ti,. .., rrAr .. r .Lr.

A to.ttn .!p. ttdirt J lrr n Rolt c!.rtrB.Da c.h.YnBn KG BeLlrBlnan w.. on . lltdon io 6trr6 itli, to. tl!.. h r\.fa].'. IHRW ru\NIITAPL I: g.Lk,irf. dit'Et wtD tr.!a ba.rr 0r toqb ilc Gll.

fo.nEr vt,lttt tBrt d a ul|.y.|.In tatariibi drr l ,x,lrE ou a ..po.t loitir to $spE r.6 hri d€elr ., Ealalrdnan't .o,'rlLw F/ Sr!. iFn, sl/prail cqrt pata. vR loiatru lyt' dairi.d.d ltrat . p.rd oa two d ttc. ir.drot ir\t t'g.lr tlr tnan.t .ri Brlh wtD.1-r b tot 6 I'ny

trao rE llrat I b.crl .ut KG gaLrrahu bacanE 0t aH rrtiaa aa ua slP.afl! co(n. I Ed Ia6 tlat ur BaLrJr{rl.n ara co. ra{ LD* 1(. lL€.t/r', 'aslorBh.d' tLd rallt a.d It Ld tr'l aaaocatcd wul thr ldiial p.rr..ttn . tyc. t i, today. Tb tllr.lpl.rirn rl.l4 alio sei rr w.! uet ,!tit BaLlsirrul y.g .dr ttt at!.. r.t(.|r by T.d ihdu liD carrl di{ trt . R iG!,i+.0ry .D.u f(Vrrr td.coin orrBl.r a R.r. t io iilt rEa lit

J6ta.ltaltrtyr.rniit.htrEustt oot *p.d lrit ry n x!.d. n 1957 sad i va! '. tlstrE' ,€l t]a lBnE .a lsfr..a ard oo.. tt hoh Ldl ol tlr Iery w]r l*.d to co.nPfb[ DrdnabpnrnlabotoorolD

allccalDn hm wlEn ht ws3 c'j!'l ol lh! Sl,rtdt Coul h 8to bad(drop oa aragatbara aeaittt ttlaa B&lrslna^ a ta'i'Y tnafi$cr3 l'i tE c"ltr lgsnsl ttlEr to dral R.oh.flathy r Ltcf, xrBlYu lyc, sad i urersar{ad lE rE d lor t6tlrp r.9 'an appoIllntdt ad rLn lt irEd r !!td aya rllr ,.6tica 'Edotn'atta cornb*rn fo. idgaa'.

Katsralod d6tnd, at6 $€gart rtatirr, brta6 oi tha on Faaay. tt $nc b a{actcd to ta ,efo.t n ihr oal|l on lllr arEo$ran dBa3l.r n radll 'tLata !o riripr a rr rJn u uy xc B.t trirrrrn t rt 5n d x...r.g.d oo a lrd-fidrE ni33i,a 8, l,t lirt tBl rGpo.l r rabaa.d to b,ilg a{Eao. tr ,atliir.- qt .Id daa, aiEa .ff"aaa pa..o,a n Ur.raOoO. iltba Bat t,irfln rn y tirEat b. .l llt rca.ivhg .16 ol e4ely torE fndi ,!dvi! lia lllr

G.t . Ouota Ea*ra co,rpatt&a Yz a Typa Cdrpany N.rE AECOETG Ht J t( !9XO POi S rlrvlv r I l ta atTll

lErt Ii56 |Irr- |PrrEFrst IUr.C F(,6 | lnlcn I Jd |+^.n IFa'6I\ etIllvwlo'o

ool.l Tlnaa Oorr9 naYa llLa LlYhg.tr.l.nLrt hm.nt Sanaar \lrrE a.F t al.r-. rlEl | 8dr oll,l I wta t..,B Itr-ct llo.l W I zoon rsr lbrrt. 8d(tn16 |Oi I Tlt- i116.lFEafuaF F Fr. CAn I Ltl I rrtn Bq rbES I Xt!r!. Xtl Br.r.. rl.l I - 516 | tttl I $rEt b$ I dllallr ar0u( | ll,o. lllru CrlO ] rr.r I MsllrEtr I Rigcs l^lte!! | Jd | ftrn .rr I tu, ct r-!Oa.EtOrlEnd iq.{r dF I Fq slFr

c@rn9a 2010 ndB! r.irlq urtLrd a 6(rE,..s\.4 rd-r.ii 4I Ct*, e rt, r!E.16., nsr tlkt, rcar k"' / c" i"' ^!,u6I ' ))

NHRC Chief must resign

By Rajeev Dhavan

The year 2010 ended with a damning allegation about the former Chiet Justce (CJl) K. G. Balairishnan's son-inlaw amassing a small fortune during a period approximating the tormer CJ's tenure.

Was this accidental good luck? Perverse? CJI was colloquially known as KGB. The venerable Justice Krishna lyer, has asked for (i) an inquiry and (ii) the removal of KGB from he National Human Rights Commission (NHRC).

Under section 5 of the Protection of Human Rights Acts, (POHRA) through which the NHRC is constihrted, the only way ol removing of the chairman (under sectlon 5) is for the President to make a reference to the Supreme Court which has to decide if he is gur,ty of "proved misbehaviour or incapacity".

Removal Of course, a simple removal without reference to the Supreme Court as possible if he becomes insolvent, tiakes a paid,iob while in ofllce, has infirmity of mind and body, mental imbalance or conviction of an offense constituting moral turpitude.

Unfortunately, Justjce Krishna lyer may not be technically right. KGB must be found wanting for what he did in the NHRC, not for allegations of what he did as a high court or Supreme Court judge.

But Justice Kr'shna lye,'s exhortation should not go in vain. lt requires that KGB suspends himself or resigns from public office till these family embarrassments are resolved. What is not permissible to a iudge is not permissible to the chairman of NHRC, too.

KGB has lived a charmed life. As a Munsif or district judge, he was not on track for appointment to the high court. But he had friends in high places ( including a President of lndia). He resigned from lower judgeship, started an indifferent practice and was unmeritoriously made high court judge. The appointment was calculated so that he would rise in seniority and, one day, become CJl. ln other words, his very elevation to the pivotal launchrng pad of a high court judge was shrouded with stories. Lawyers and iudges made of a different mould of integrity mibht have resir;ted sucn a meteoric rise to power. But not KGB. Some doubt has been expressed if KGB wrote his more famous judgments. Only his law clerks can answer this question honestly. KGB may not. There have been times where I have wondered about whether some of his orders were above query. This feeling may have been shared by other lawyers, too.

True, KGB was the firsl Dalit CJI and his father was a matriculate and mother a seventh standard srudent. He suffered disadvantage if not discrimination. But when it comes to judicial rectitude, the standards ol mind, body and spirit are to be applied strictly.

KGB is not the best of NHRC chairmen. The standards were set by Justices Venkatachaliah and Verma. KGB's eligibility in this regard is not his human rights record or experience, but because as an ex- CJI he is entjued to the job at least as a sinecure post. There were no other CJI'S around. He got the iob. KGB leaves behind an awkward legacy.

He did not exercise a CJI's moral authority over judicial lapses even though the Dinakaran and Sen impeachment were triggered in his tenure. His successor, CJI Kapadia also emerged from

|\].:

i 1,.,: ,' t7

humble beginnings but is known for his integrity When Prashant Bhushan attacked his conduct in tne VeOanti casi the word corruption to describe his behaviour was wrongly used'

problem CJI Kapadia is far from b€ing corrupt or conuptible. But he.has a gigantic on his.na,nd. about' uncle iii o*i Srpr".. Court iuctges are gettrng edgy. Justice t6tiu's outburst iudge' f*nO on" source identifying nine judges in the Allahabad High Court placed in this unenviable in unenviaute position. Just a few we6ksLadier, cJl Kapadia transferred eleven high courtjudges ' ine puUtic interest. This has been called the biggest " transfershake- up" since 1993. Th9 Prm R. S Mohite, frU[C ini"r"rt is a euphemism. One judge of the Bombay High Court, Justice prefened to resign rather than being transfened to Patna

protested BuL transfer ol high \:ourt judges is not a redeeming solution. The lawyers of sikkim t ini"O irao"s oei-ns transtlneO to their high court. To say that local links alone make a iudge - to some - Conupt is n'ot conect. Conuption travels with and catches up with the iudge according even to the Supreme Court in select cases.

Standards Proof rather than suspicion is needed for this. But conuption not only penalises the court syslem, but makes a citizen distrust iudicial independence as a virtue.

This sometimes leads to money compensation - as in the €se of the Punjab ludge, Justice Nirmal yadav which got into thg wrong hands. But, it also leads to a scene of unfathomable suspicions.

judges. This is Even in the supreme court, certain lawyers are targeted to.appear before certain when I left the *iu," t"rrt of rhe judge. I can rec€ll a-Madras judge praising me in one matter. C; O"ii"rieo-*i1' briefs in that court in the next week. I did not appear in that court ;il;l judge partlcular thereafter. ln one lnstance, many years ago, an Alahabad was told to ask a lawyernoltoappearbeforehim.AlawyerwasoftenbriefedbeforeanonssaJudgewln sionificant success. We cannot blame ttre juOge, who may know nothing abodt all this. Even ioiay, it is said that some lawyers get favourable orders from certain iudges'

Goodlawyersmayinspireconfidenceinajudge,ThatisUnexceptional.But,.itwillbecomes tn" 6wyei anO.iudge shopping beiomes a trend. Higher standards are expected 'ftomiritto *tL. Caeser's wife and judges, even if totally innocent

Recommsndatlons The first ts to pass the ( 114th wtii ,urt be done this year are two things -constitution, n l^i,,,,*tieifi 2010 so inat a nign court ludge's retirrng age is also 65 years in line with Supreme Court judges.

Thisequalisingislongdue.ThecompetjtiontogettotheSupremeCourtmuststopbecauseitis i"i*ntiUf" foi far tod mucn nepotism. Some judges, especially chief iustices of high courts, may ili", i" il*ii.Ja'supreme iourt appointm'ent. But it is time that merit and not seniority and iavouritism be the basis of hrgher judiciary aPpointments

Bill, 2010 repllT The second is to introduce and pass the Judges standard and Accountiability !o in" orJlrp"r.tt.ent procedura ot 1968. Thi; bill seeks to create a complaints mechanism which proposal, *iif oo to in oversiqhi crinmittee, which will vet and Pronounce on the complaint. This ;dh;L;r"d cabi-net in October 2010, is enough. A fine- tuned constitution'al amendment is lecessary. , 5)

Sometimesthebadthingsinasystemhavetobeprofiled^Therearetoomanyembarrassingjudicial ;;il;. l; lury zor o] the cJis chargesheet into the Ghaziabad expenses scam judges. remain as hetpless as we are astounded. ir,'"f ro"iinr"" i"ri"er high court Wi judicial - not to mention the fancy But there is sp,ne, creativity, verve and talent in lndia's system day in ioot*ort oitn! Oetni nign Court's Lok Adalat cleanng one Iakh minor pending cases in one jurisprudence' iOrO.-iirii- i"O"pendeice lndia has produced a remarkable court- created -There best of boats E rtifi i iib" *,inOence in ludges as the custodians of the rule of law. But even the ,iri'nno ii-oim.rrt to navig;te;uddy waters. 2011 is a significant year for reassessment and change.

Ihe wnler is 8 Sulrcme Coui lawYer

,t '!b

bolors e.rly . rPl6 .?

O 3,2011 HOIIDAY, JAIIIIARY

I Not*. former CJI's brother I in dubious land deal r22,lsHt vqBs9 localr who HT F a-t *., u"d* n cicd' sou'ce6 we8bd [i ffiffi^...- :fl11ilffir.ilfl:** "fH"#,'*l1o*,flt?, [ffi$ffi iiffi*xj li, .Tffis#i*T"l H#."#tffil*,ffi ffiffiffiffiffi;";;fi!it["Ji,.a.i" "if#,.#'20o6ror2046acres. I: ;ffil,'*,$:'Sffiil,o111 o|{ PAoE 12 I ;ffi ui;d; lG _* cune bodihsmanv;di vill8Se for coxlxuEo

--,E rJznlr:t llr

CJI'S BROTtlIR...

OO'III'IJED FROI PAOE t n'*us Btraskaran ard his tife lry RstnsnE.8 r"riEd hdici.t ] rugtstratc, 8It building 8 palr. trEl house in Puthar l(urus in &nakulam disricr. According to rures u the uoriisite rrxrr than l{0 lal<}r has Lren sornr on the partially.const ructed house situated on ilo renu of prime land. (one acrr is 100 cents). Bhaskar.rn sriri hr.r:nl! irtvestei hrs urfe's rtt,rcnuni bencfirs. Rrtn:rml n,und frr,nr the state judici:rl sen rr,rs in !00,1. Going bu pr(,\'altnr slsries st her lelel ,l r hr t imr. it ls rrry unlilel.r, thar trrr ryr in- rpnt benelits

hlndusnantimes ,1o I I I "' Pr'uttdil, ]iX F,', I %U ^Hi'% Kerala to probe former CJI's son-in-law ht tr,aPaCf I don'l have a sinole gi*c ol Daler to sa! turl.b 8.!.r rnything.Iher ue . .n !ft.6lrtaa-a co/n ntuely dholtions If,f,L{angixAtThe fGrala in ntrsDaDerl and novernnpnl har ordered a rrg' Lncr Drtbc irta fonmt Chief Illchannell. Justici and now NTIRC chief ll Vt tRlPPl v0lLY. KG Balakistuunb son'in-law la{ ru6tl, LV Snefliisn! $eslth that had r+ eom t50()tt aplx:rrmg in the mediu. reeortedtiels \rcck thal to? cn'rt h four ltars [lT rcPoned lasl a Congress candl' Chief minister VS Achuthr' Srdrniiiln. horne minis' &u in':)006 assemblY electiots n8nd8:l directed district, ter Kodiyeri Balakrishnan.on fronr Ernakulam amdalit that he l,londrY ro sPPolna 8 senlor sho$ed in his nor have anY land and had huBsucrat to P.obe tlE dur8lE did onll- l}5,0(-O' again* Srtenijan' now a state a bunti balutct of with HT showed c.ncrB lesder. Records he a 2,l M-eonwhile' Justite VR liris' tlr.rt in )00?, Pux'hr*d for 114 hru rvho first aslcd Blh- acru rirrrfrcnt PrcP(n) lrtr, to krisliran to quir the NHRC to lalih in Thrissur. Acu

i I

\ I

I Z9 I ir

I t I HINDUS TAN TIMLS. NEW DELHI hindustantimes log Vr'EDNESDAY. J ANUARY'05.2O11 r GJI t trouble for forme More wealth found to have amassed huge law of Balakrishnan (:orn mission :thowed th:rt h(' IrlIESS Another son-in- utxlth!'. iN onc ofhis hntlltrr{ DEEPENING ou ntd no land and luxl a bank i.r x 1.,1,'-|t,l'.I emplq + in tGral' marching of t}l(XX). ltr forr advocate gt'ncrrlls nnd onother ls n hrllncr ),qr+ I brother, govern- Pruilllclfitls Hich Court shot uP to srvcml ortlcr to his wtE lhosld dl llliltto his u,eolth FOLLOW.UP pltader KG llhoskaran. r 8.rr. ment ol l5o hrh h 2009. did oot t*, hag occess to re{ord.s lt *Hk*'"#.ls;'i.li';lll: "tffi*^^ **r r.,r.*'*t uo Rel*rfr &ht ITT loar to trtrdlac ha s'tond d!uh'h' on the out- lnt bd( Ralokri\hnln's in Drxtird in Thrnil I n

I Plao lor Youl childl Educatio[ lqday t6 {Ej C(f,ttru MCITY " AnCtwE3 (|,ldr lUSIiflS GiIOAOED CnClf l.Or€ c(nREXr Atf li'

.n i d .ti/ 15 1 ehe*, Vd tsst' 2 fx,l.!d JaNory nil Ftunt ldr,t*a ),'ga. t I Y

l9,ra r.

$l.{p+iiHfrff"ffi

IIT:L1x"riJ."":'li"rT[ff I ml.. ";:l www.tehelka.com/story-main'18'asp Tehelka - Indla's Independent weeKy lr 11 R' 4l 120 B ara (aao hG hat allat.oy thatrld oll {t9 ,!lod coqld IEI 1 SUB SCRIBE T() TEI iuag{r|| trrr !a't lro Ll'r 2 f l OOfi no DiJrk ht Rt l0 dot! :\, i.ntt .'r.t .tr.a. ll5 Crd' nrm Dad DY mo.t, han ' SAvg upto st"t Gllrlrrr..fr t l..hs'dtr p'o'ony Prus flI A Stglts 0t uHlttD h 2009. g!.orFn puncr'rco $o;r' M lt.rh.Dhhanl Road h €m'lullln bt xr' tml0r c0tltfl0P PRUI Saaantaihy V. ttrii't! ,'r't'v' r.no 30 !.lh Lab.. a 9r!9aiy 35 ' ,.t purcn.aad n hit'd motl'/l"nlt n'm' cio(5 {Dr€c No dr?! lt rao! \n.u ) .dpc'nl b h.l 9lot r:!3Yloio) tso.mtnY ndt 6 oClob{ :aro 13 .ol ooly S'r'nrPn t'no bt'€mt Er|.r Bol rl rn! ra ltl Lll dunno BCau.hn.n' bnur. lt cJ E rfr.t.r.tt T son+.rr*. .d6€.r. lJU &nnv bo, rlchst? -itt-r.""t5Itol.ll iocoio x'nr' Logal b.c.m. *.alhor albr h'a mn'g' l' Sr6enrFn'5 wealh has MJ Eaamy' sdl+r{'Y Ealaknahnsn t )oungar d'ogh'r munp{ed srnce 2m7 -----.----__ (e On cr.rl! Hot! totaltng 96 5 *"'-o boo' raq''!'r'u HEhwry $.ad ml*.#;:fi":",fl*:1ffl!J& ffi Nauonal ^'' 19 2q\8 r -.E r &(r!.n MIth 'id x ulllh:oro S';: rfr lElElo l$01 sl,l$cnflIl ,r,G.r'lt r.trlil'r'lLll i!?'T'?'f.^"'.":;ff fj'l rsffi ;;t,1X,13'l."Jil:"";u N'!on'l Hrgnway rn i/hr'd' ctick hete I.rat ru|.tDr rl.tr la ctonr t. Rs6l5 lalh. Thi3 r! pnmr lano Er' 'lon!ot l'nd r'bs dunng h'' 9€no

t rtq[! nal.ccn, Cihsid,tqt{ 'h"ltottlt.ll'lom 8fsl OtI[HEI"(^E nglo ttsu' oatd Ju|15' mtl ''ror$ F'o'n f.,.//.t r*a,!ri'u' vd E z ..dlrtooltL'-m- ;i e!!! * EmrusEglg I I I I I I Icheu(a ) . ..;

Rf D tEHfrx or{,llE Jlrtr {antt*u aS rll PRltiT foR

'RE€'

-iljat4'-'E{ i-fi fl -.ats{tt'*ll.*'sJ*'n

www,tehelka.com/story-main/+8'aspml "'