June 5, 2020
⮚ Arrest and arraign Justice (Retd.) Deepak Gupta, Adv. Fali Nariman, Adv. Dushyant Dave as co-accused in JNU sedition case
⮚ Secretary of Supreme Court and High Court Litigants Association, Chairman of All India SC, ST & Minority Lawyers Association have written to Home Minister Shri. Amit Shah and Delhi Police Commissioner.
⮚ Demanded a Narco Test of accused Justice (Retd.) Deepak Gupta, Adv. Fali Nariman along with Adv. Siddharth Luthra and others.
⮚ After an article was published in ‘Dainik Sahsik’ newspaper on 26th August 2019 regarding Shri. Rashid Khan Pathan’s demand to arrest Adv. Fali Nariman, who had tried to instigate public to support Pakistan Army and against Indian Army, Police and Government of India,
⮚ Adv. Dushyant Dave arranged a speech of Justice Deepak Gupta at a workshop (organised by the Praleen Public Charitable Trust and Lecture Committee in Ahmedabad) on 7th September 2019, in which he had advocated the anti-national views expressed by Adv. Fali Nariman
⮚ Investigation of sources of funding from ISI and other anti-national organisations to Justice (Retd.) Deepak Gupta and the Nariman syndicate is expected soon.
⮚ Contempt action before Delhi High Court against Justice (Retd.) Deepak Gupta for delivering a speech against the view taken by the court.
New Delhi:- In a crucial development Secretary of Supreme Court and High Court Litigants Association, the Chairman of All India SC, ST and Minority Lawyers’ Association has written to Delhi Police Commissioner to invoke the provisions of section 173 (8) of Cr.P.C. in the chargesheet filed in Kanhaiyya Kumar’s case and to add Adv. Fali Nariman and Justice (Retd.) Deepak Gupta as co-accused as per section 120 (B) of I.P.C. as the speech delivered by them is also a part of offence as per section 10 of Evidence Act.
The background of the case is that in 2016, some anti-national elements of JNU had raised following slogans against Indian Army, Police and in support of Pakistan;
“Bharat ki barbadi tak Jung Rahegi, Jung Rahegi
Indian Army Murdabad
Bharat tere tukdae honge Insha Allah Insha Allah.
Bandook ki dum pe lenge Aazadi”
The Delhi Police had registered a case of sedition against the wrong doers under section 124-A and 120(B) etc. of Indian Penal Code and the whole nation had stood up in support of Indian Army.
Then, in order to support the act of raising anti-national slogans and demoralize Indian Army and police, Adv. Fali Nariman had authored an article, which was published in Indian Express on 17.02.2016 titled ‘A test of freedom: To be anti-Indian is not a criminal offence, and it is definitely not sedition’.
Copy of this article is at below link:
https://indianexpress.com/article/opinion/columns/jnu-row-a-test-of-freedom/
Adv. Nilesh Ojha
National President
Indian Bar Association
Adv. Vivek Ramteke
Chairman
All India SC, ST & Minority Lawyers Association
Adv. Vijay Kurle
Maharashtra &Goa State President
Indian Bar Association
Rashid Khan Pathan
National Secretary
Human Rights Security Council
Thereafter, on 19.02.2019, another complaint was filed against Adv. Fali Nariman and Mr. P. Chidambaram, by Shri. Rashid Khan Pathan, National Secretary of Human Rights Security Council. This complaint was marked to Hon’ble President of India, Hon’ble Prime Minister of India and several other authorities including the Chairman – Bar Council of India.
The Additional Secretary, Registrar D.C. - Bar Council of India had forwarded the above said complaint to The Secretary - State Bar Council of Delhi for taking appropriate action against Adv. Fali Nariman and Mr. P. Chidambaram. A copy of this letter dated 19.03.2019 was sent to Mr. Rashid Khan Pathan too.
In March 2019, Mr. Vijay Kurle and Mr. Rashid Khan Pathan each had sent a complaint to Hon’ble President of India and Hon’ble Chief Justice of India, against Justice Rohinton F. Nariman on their grievances.
The registration number of these complaints are:
Mr. Rashid Khan Pathan’s complaint - Grievance No: PRSEC/E/2019/05242 dated 19.03.2019
Mr. Vijay Kurle’s complaint - Grievance No. PRSEC/E/2019/05351 dated 20.03.2019
Within couple of days from these complaints being lodged, a joint letter came to be sent by Bombay Bar Association (BBA) and Bombay Incorporated Law Society (BILS) signed by their authorized signatories – Mr. Milind Sathe (President – BBA) and Mr. Kaiwan Kalyaniwalla (President – BILS) respectively, and addressed to Hon’ble President of India, Hon’ble Chief Justice of India and Hon’ble Chief Justice of High Court of Bombay. The aforementioned complaints sent by Mr. Rashid Khan Pathan and Mr. Vijay Kurle were purportedly the subject matter of the letter.
However, this letter also included details of other complaints lodged earlier by the Indian Bar Association in respect of some other issues.
Further, BBA and BILS propounded a vague theory regarding working of Adv. Nilesh Ojha, Adv. Vijay Kurle and the Indian Bar Association. BBA and BILS, in their letter, have come up with a fuzzy logic linking Adv. Nilesh Ojha with Adv. Mathews Nedumpara.
It was indeed a fuzzy logic since Adv. Mathews Nedumpara, in the proceedings in the Contempt of Court case, had filed an affidavit wherein he had stated that he had no concern with Adv. Nilesh Ojha and Adv. Vijay Kurle and Supreme Court had discharged him from the case on 02.09.2019.
On 27.03.2019, while a matter of Adv. Mathews Nedumpara was being heard by the Bench of Justice Rohinton Nariman and Justice Vineet Saran, the said letter sent by Mr. Milind Sathe of BBA and BILS (which was not even addressed to any of these two judges) was found to be in possession of Justice Rohinton Nariman, who issued a show cause notice to Mr. Vijay Kurle, Mr. Rashid Khan Pathan, Mr. Nilesh Ojha and Mr. Mathews Nedumpara and the notice was returnable on 10.04.2019. Thus, Justice Rohinton Nariman acted as Judge in his own cause – as he took cognizance in a case where he himself was the person being complained of. The subsequent recusal by Justice Nariman is of no consequence since the entire process was vitiated ab initio.
It is worthwhile to mention here that Adv. Milind Sathe (the signatory of BBA letter dated 23.03.2019) is a close associate of Justice Rohinton Nariman.
On 10.04.2019, all the four Respondents had appeared in Supreme Court. However the matter (Suo Motu Contempt Petition (Criminal) No. 2 of 2019 – RE: VIJAY KURLE & ORS) was neither listed nor was the Bench constituted.
This matter never came to be listed thereafter without any reason being communicated officially to the Respondents.
Then on 28.08.2019, an article was published in ‘Dainik Sahasik’ regarding Rashid Khan Pathan’s demand for arrest of Adv. Fali Nariman. This article was published in light of Delhi High Court’s order on 20.08.2019 denying interim protection to Mr. P. Chidambaram from arrest by CBI and ED. The article reminded its readers of the earlier complaint of Mr. Rashid Khan Pathan dated 19.02.2019 against Adv. Fali Nariman and Mr. P. Chidambaram.
The publication of this news sent jitters to the ‘Nariman group’ who had then immediately approached the then CJI Mr. Ranjan Gogoi and requested him to start the hearing of the case of contempt of court against Rashid Khan Pathan and others – which was in cold storage since 10.04.2019 in order to keep him and others occupied and prevent them from acting further in the matter of Adv. Fali Nariman.
The matter came to be listed out-of turn on 02.09.2019 before the Bench of Justice Deepak Gupta and Justice Aniruddha Bose.
In fact, the case of Adv. Prashant Bhushan in Suo Motu Contempt is pending since 2010, which, as per the law, should have been heard and decided first. But under the influence of Nariman group, CJI Shri. Ranjan Gogoi listed the matter of year 2019 out-of-turn. Such as out-of-turn hearing is violative of Article 14 of the constitution and CJI is answerable to it. In A.V.Amarnath Vs. The Registrar ILR 1999 KAR 478, it is ruled as under;
“……But it needs to be stressed here that the exercising of the said power by the Chief Justice by deviating from the normal rule based on the regular practice of the Court (See AIR 1974 SC 2269, para6) or the statutory provisions must stand the test of reason and objectivity since such exercise will be always subject to mandates of Article 14 of the Constitution of India which absolutely prohibits the exercise of powers in a discriminatory, arbitrary or mala-fide manner and always entitle the aggrieved party to seek remedy against the same by approaching the appropriate forum.”
It is pertinent to point out here that Justice Deepak Gupta, per se, was disqualified to hear the Suo Motu Contempt of Court case as he was co-accused along with Justice Rohinton Nariman and Justice Ranjan Gogoi in the case of lady staffer's harassment case and a written complaint dated 27.05.2019 being case number PRSEC/E/2019/10201 was pending before Hon'ble President of India. But as part of conspiracy, Justice Deepak Gupta had accepted the assignment and the Supreme Court machinery was blatantly misused for personal and ulterior purposes.
Around this time in September 2019, there was mounting pressure from public and media and there was a strong possibility of anti-national Adv. Fali Nariman getting arrested. There was hardly anyone who sympathized and supported Adv. Fali Nariman. Hence, some anti-national gang members, with an intent to generate favourable opinion regarding views expressed by Adv. Fali Nariman (that to be anti-Indian is not a criminal offence and cannot be termed as sedition), organized a workshop (Courtesy: The Praleen Public Charitable Trust and Lecture Committee in Ahmedabad) on 7th September 2019, where they chose one of the members of their coterie – Justice Deepak Gupta, to deliver the valedictory speech. Justice Deepak Gupta delivered speech on the topic of *“Law of Sedition in India and Freedom of Expression”.
Details of speech delivered by Justice Deepak Gupta on 07.09.2019 at below link:
https://www.theweek.in/news/india/2019/09/08/criticism-government-judiciary-army-not- sedition-sc-judge-deepak-gupta.html
This was a pernicious attempt to gather support for the views expressed by Adv. Fali Nariman. Mr. Deepak Gupta, by delivering speech on this topic, especially when there was no obvious occasion for choosing the topic of sedition laws, had overtly instigated the public to sympathise and endorse the views of Adv. Fali Nariman to support Pakistani Army against our Indian Army, police and Government.
This workshop was organized at Ahmedabad by the Praleen Public Charitable Trust and Justice P.D. Desai Memorial Lecture Committee, which has Senior Advocate Mr. Dushyant Dave as one of its members.
Now, as the hearings in Suo Motu Contempt of Courts case progressed, each hearing at Supreme Court witnessed large number of advocates entering their appearances for Adv. Vijay Kurle (Respondent No. 1) and Shri Rashid Khan Pathan (Respondent No. 2). Mr. Nilesh Ojha (Respondent No. 3) had argued in person. Mr. Mathews Nedumpara (Respondent 4) had moved an application for discharge stating on affidavit that he had no concern with the said complaints. The Court had discharged him on 02.09.2019 and further appointed Adv. Siddharth Luthra as Amicus Curiae on 30.09.2019.
For the hearing held on 10th January 2020, 109 advocates had entered their appearances. And for the hearing on 3rd February 2020, 129 advocates had entered their appearance. There were several advocates who wanted to represent the case of Respondent 1 and 2, however they could not do so due to paucity of space in the court room.
On each date when the matter was listed, several advocates present in the court room, heard and witnessed the arguments advanced by all three Respondents and their Counsels, who never hesitated to enlighten the Bench by explaining the law holding the field and gross illegalities committed by Justice Rohinton Nariman, while rebutting the arguments of Amicus Curiae.
On 3rd February 2020, there were more than 200 advocates present for the hearing. On observing such a surge in the number of advocates representing the respondents, Justice Deepak Gupta had adjourned the matter to 7th February 2020 by passing the following order;
“List on Friday, the 7th February 2020 only for the purpose of fixing a date for further hearing. The personal appearance of the contemnors is dispensed with for that day only.”
Justice Deepak Gupta, sensing the mounting pressure, seized the opportunity to be the speaker at the inaugural lecture arranged by Supreme Court Bar Association (SCBA) on 24th February 2020, where he delivered a speech on ‘Democracy and Dissent’.
It is pertinent to note here that, the Senior Advocate Dushyant Dave, the newly elected President of SCBA, was instrumental in selecting Justice Deepak Gupta for second time in a row after the Program of Praleen Public Charitable Trust, where Mr. Dushyant Dave is a Member of the Lecture Committee.
This was an attempt to show Justice Deepak Gupta in limelight and create an atmosphere displaying the support of lawyers to Justice Deepak Gupta, which would have helped the latter in achieving his ulterior motives.
https://www.theweek.in/news/india/2020/02/24/right-to-dissent-is-essential-to-democracy-criticism-cant-be-termed-anti-national-sc-judge.html
Adv. Dushyant Dave, who is always seen to be proactive and fiercely protective when it comes to preserving the independence of Bar, is found to be observing studied silence and being totally passive after the judgment was delivered by the bench of Justice Deepak Gupta and Justice Aniruddha Bose on 27.04.2020 holding all three Respondents guilty – of which two are advocates. This judgment is tell a tale case of how the Bench has ignored, disrespected and disobeyed the binding precedents and the law holding the field and has allowed the sophistry of Amicus Curiae – who has been mischievous throughout the proceedings and who has misled the Bench by furnishing overruled case laws – which the Bench had decided to turn a blind eye to, since they had pre-judged the case with malicious intention of framing all three Respondents.
Adv. Dushyant Dave’s activism has been displayed on several occasions like when he had objected elevation of Judge belonging to Scheduled Caste Community - Shri. Bhushan Gavai to Supreme Court. He had criticized Justice Arun Mishra for damaging our nation’s image in international judges’ community. This activism was sponsored by the Nariman lobby. Adv. Dushyant Dave had attacked CJI Mr. Ranjan Gogoi too, in the SC staffer’s sexual harassment case. He had attacked Adv. Harish Salve and had insulted him by saying that the latter had caused damage to the institution.
Also the other conspirators - Adv. Fali Nariman had objected to the elevation of another Dalit Judge P.D. Dinakaran. But all these purported saviors of Indian Judiciary are silent on the fraud committed by Justice Rohinton Nariman and Justice Deepak Gupta. No response or statement is given on the proofs of 35 serious criminal offences committed by the four Judges of their lobby. Rather Adv. Dushyant Dave appreciated them and provided them the platform to cover up their frauds and glorify themselves.
It is further interesting to note that the same Judge Deepak Gupta has been found to be involved in committing theft of Supreme Court records in order to save co-accused Adv. Fali Nariman and his son Justice Rohinton Nariman. Also Justice (Retd.) Mr. Deepak Gupta is also found to be creating false evidences, disobeying and ignoring the Constitution of India and judgments of constitution benches and Larger benches of the Supreme Court.
This was done by Mr. Deepak Gupta to silence the complainants Shri. Rashid Khan Pathan, Adv. Nilesh Ojha and Adv. Vijay Kurle who were pursuing cases of Sedition and Corruption against Adv. Fali Nariman and Justice Rohinton Nariman.
Thus, a clear conspiracy is seen amongst this whole lobby that includes Justice Rohinton Nariman, Justice Deepak Gupta, Justice Ranjan Gogoi, Adv. Fali Nariman, Adv. Siddharth Luthra , Adv. Dushyant Dave as its active members and Justice Vineet Saran and Justice Aniruddha Bose being passive members. Though passive, these two judges are equally at fault by not objecting and signing the orders – which were driven by personal enmity and malicious intentions of the Senior Judge on the Bench.
A Complaint along with documentary proofs like letters by Registrar of Supreme Court and a Sting operation CD is submitted to Hon’ble Chief Justice of India by Shri. Rashid Khan Pathan on 31.05.2020, with a prayer to investigate the 35 charges of serious Criminal offences committed by Justice (Retd.) Deepak Gupta and his syndicate. The Complainant has prayed for registration of F.I.R. under Sections 409, 167, 192, 193, 201, 211, 218, 219, 465, 466, 471, 474, r/w 120(B), 34 & 109 of IPC.
The informant has also pointed out for the need to administer Narco Test, Brain Mapping and Lie Detector Test on Justice (Retd.) Deepak Gupta, Adv. Fali Nariman, Adv. Dushyant and Adv. Siddharth Luthra, to unearth the complete conspiracy of anti-national elements and their corruption, including the purchase of Benami Properties worth hundreds of crores, from the black money received from ISI and other agencies.
As per section 10 of the Evidence Act and section 120 (B) of IPC, the accused Justice (Retd.) Deepak Gupta and Adv. Fali Nariman are liable to be made co-accused in the main sedition charge sheet. A legal position is made clear by the Supreme Court in Raman Lal -vs- State 2001 Cri. L. J. 800, Ram Narain Poply - vs - CBI AIR 2003 SC 2748, C. B. I. -vs- Bhupendra Dalal 2019 SCC OnLine Bom 140.
Since the offence is punishable up to life imprisonment and non-bailable, the accused are liable to be arrested forthwith.
Citizen's right to arrest accused: As per provisions of section 43 of Cr.P.C, any citizen can arrest them and handover to the police.
Secretary
Supreme Court & High Court Litigants Association
Time to set right the records indeed. Pre-emminent legal personalities are now under a cloud
ReplyDeleteby defiantly voicing their opinion on the concept and law of sedition.
This is God sent opportunity forthe Govt to accept the challenge and to decide once and for all whether the allegations deserve to be investigated and the guilty brought to book.A lot many anti national activities are being carried out by members of the legal fraternity under the misconceptions of their liberties and fundamental rights under the Constitution. No compromise on Nation first and always can only be taught and achieved by enforcement of military service for 3 years for all able bodied youths
I am the writer of comment No 1.
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Chatur Tahilram Kripalani