A Story From Indian History Vikramaditya

Once there lived an old and pious man, renowned for his honesty. One day his neighbour, a rich merchant comes to him with a request. The merchant was leaving on a voyage and wants the old man to safeguard his wealth, until his return. The old man agrees and with God as witness promises to protect and safeguard the merchant's wealth.

The old man then entrusts the safe keep of the merchant's wealth to his son, from whom he takes an oath of propriety and honesty. Slowly the son starts dipping into the merchants wealth, people notice this and warn the old man of the son's misdeeds.The old man calls his son asks him to explain, he also reminds him of his oath on following the right path. The son rubbishes the accusations as rumours and the idle gossip of jealous people, who could not bear to see his prosperity. The old man accepts the son's explanation and things go on as before.

The merchant returns and demands his wealth. The old man calls his son, who hands over a quarter of the merchant'swealth saying that is all there was. The merchant realizing that he as been cheated approaches the King. The King listens to the merchant's complaint and summons the old man. The old man comes to the court with his son and handing him over to the King says "your majesty, the merchant is right. My son has confessed to the crime. Please punish him." The king has the son flogged and imprisoned. He then praises the old man's honesty and dismisses the case.

But the merchant demands punishment for the old man saying, "I have still not received justice. I had entrusted my wealth to the old man, which he swore by God to safeguard.The old man's integrity is intact, but what of me, I have been robbed of my life's savings, and made a pauper. It was the old man's decision to entrust my wealth to his sonfor safe keeping. As far as I am concerned the old man is the culprit, and should be punished. 

The king is astounded by this demand. The old man was neither a party to the theft nor did he benefit from it. In fact, he had sent his son to jail. Yet, the merchant was asking for the old man's punishment.* 

The Betal asks Vikramaditya, "What should be the Kings decision?"

Vikramaditya's replies, "Though the old man is innocent of the actual theft, he is guilty of dereliction of duty. The son'scrime was a straight forward one, the old man's was a graver crime. He did nothing to protect the merchant's wealth.

Far from being vigilant he failed to take action even when he was warned of his son's misdeeds. Because of his laxity the merchant is condemned to a life of penury. He should be punished."

****** 

India 2010, Dr. Manmohan Singh, esteemed economist, former Governor of RBI, Deputy Chairman of Planning Commission, former Finance Minister, a man whose personal ethics and integrity are unblemished, takes oath to protect andsafeguard the Nation and its assets. He appoints Raja, as his Cabinet Minister for IT

& Telecom. Unlike the story, this heist of a precious national asset is carried out in full view of Dr. Manmohan Singh and his cabinet colleagues.

People across the country cry out at this outrage. The Indian Constitution grants the Prime Minister absolute power in running the country. He is the head of theGovernment and the Union Cabinet functions at his pleasure. As per the Transaction of Business Rules thePrime Minister has the unrestricted right to demand and get any file, any record from any Ministry.

Dr. ManMohan Singh could have at any time stopped this heist of a National asset, yet he chose to remain silent. The Prime Minister's failure to exercise his constitutional rights has caused irreparable loss to the Nation.

Dr. Singh did not profit personally from Raja's shenanigans, but his failure to act, to honour the oath of office, to protect and safeguard the nation and its wealth is unforgivable.Like the old man, he has sacked Raja from his ministerial berth, but does his culpability end there? The people of India had entrusted their faith and the future of the Nation in Dr Manmohan Singh, believing him to be a man of integrity and honesty, and not to Raja. Does dismissing Raja absolve Dr. Singh or like the old man is he guilty of dereliction of duty and failure to safeguard the Nation and its citizens? And he deserve punishment! 

What do you think? -----Who is behind all fraud that is happening for the last 60-years?Punish them soon or we will be left with nothing.

Comparing JAIL4Judges With All Other Proposals

Dr. Joseph Zernik, what you have described below is about a good description of judicial immunity as can be stated. It matters not what the law, or judicial decisions are regarding judicial immunity. The only thing judges are forbidden from doing is embarrassing the judicial system. In that regard, murder, bank robbery, rape, car jacking, bribery and extortion performed by judges are all within the realm of "acceptable judicial conduct covered by judicial immunity." We need to forget defining judicial immunity according to published law or printed judicial decisions, the first and greatest of all commandments is, "Thou shalt not embarrass the judicial system!" Never is any judge prosecuted for evil doing, or for the commission of any crimes.

I have said numerous times in public presentations, we have no laws that govern the U.S. The "law" is whatever the judges say at any given time. When judges open their mouth, what comes out of their lips is "the law." Two plus two equals whatever conclusion is desired! Forget about what you learned in school. "Fraud" is their name, and deception their game!

When I hear someone tell me about a dishonest judge, I know I am speaking with someone who is a novice. The judicial system is irreparably broken. Looking to "legislation" will only install another layer of deception over the top of existing fraud. It is like repainting a house that is totally eaten through and taken over by termites. Another coat of paint will to no good! Paint will only make the house look more livable, but you know you are in trouble when your leg passes through the floor when you take one step inside the front door!

When I say "J.A.I.L. is the only answer," I know that means we have to remove all the rotten wood in a house that is 100% rotten. But people do not want to hear something so drastic. So I just say, "Let's fix up the judicial system with judicial accountability." Most everyone agrees that a fixer-upper effort must be employed on our judiciary, but what people do not agree upon is that we must start with a bulldozer and not even save the rusty nails.

When the people start throwing the evil judges to the hungry lions within the J.A.I.L. lions den, then, and only then with the "good" judges will submit their application for retirement. But the provision within J.A.I.L. will not allow judges to escape by retirement, for basically, three-strikes will overtake them on their pre-existing record before they can enjoy the fruits of retirement. And consider the retroactive provision of J.A.I.L. If there once existed law that provided for a remedy, it can never go away. The judiciary cannot escape the sting of those current laws. Hence, your statement, "In short: I am not opposed to new legislation, but we must demand to prosecute the judges even under current law, not let them get away for racketeering!" is all totally covered within the passage of Judicial Accountability Initiative Law (J.A.I.L.)

As one, who supports your cause, I just wanted to comment, that even under current law the judges are not immune to most of their crimes.

The most common form of judicial corruption today is through the issuance of simulated court records. The judges, who engage in such conduct are NOT under any immunity, since they are engaged in extrajudicial conduct in doing so - presiding in cases, to which they were not assigned, and with no judicial authority and immunity at all.

Regardless, neither the US congress, nor anybody else holds them accountable. The best documented case of this type is the case of the corrupt US Judge Manuel Real, who was caught grabbing the court file of a woman he knew with no assignment and no authority. She was under bankruptcy procedures, and he basically stopped the case to help her. He was caught, US Congress did nothing, and Steven Yagman, who blew the whistle went to federal prison for several years on IRS violations, that some said others would only be fined for. In his sentencing heaering, Yagman quoted Kafka: "a case went looking for a bird..."

What is most lacking is public demand for holding the judges accountable. In that department, there is no doubt that you are a pioneer!

In short: I am not opposed to new legislation, but we must demand to prosecute the judges even under current law, not let them get aways for racketeering!

Comparing JAIL4Judges to All Other Proposals

The problem with political bodies handling the subject of judicial accountability, is politics and special interests. It must be understood that no man can be trusted because of the propensity of mankind to evil. The distinction with JAIL4Judges is that it creates a rotating Special Grand Jury in which no one sits on the Special Grand Jury for more than a year, and is thereafter disqualified. The public becomes involved only by a random drawing.

Members of the Bar Assoc., law enforcement, and all judicial employees are excluded for obvious reasons. No government prosecutors are allowed, but only qualified members of the public may serve this Grand Jury as Prosecutors, Investigators, and Advisers who submit their applications to the Grand Jury for such positions. This Grand Jury is totally autonomous, and only has jurisdiction over issues of willful violations of laws or of the State or U.S. Constitutions.

No judge may be defended at public expense in answering to this Special Grand Jury. Upon any conviction by a panel of jurors, only the jurors may impose sentences, not any other judge or judicial officer. In this manner, all politics are separated from its operations, and only the people determine for themselves the plite of all judicial offenders. It just cannot get any better than JAIL4Judges!

Can Parliament's supermacy be thwarted by few individuals?

Lokpal Bill is being debated in Indian Parliament for three days from 27-29 December, 11, which is an extended session, otherwise, the Parliament would have been dissolved after the winter session by now. This special privilege has been given to the so called civil society agitation movement under Anna Hazare.

 

The nation thanks the civil society agitation, as it gave a much awaited momentum for the govt. to speed up the process of bringing the Lokpal Bill in the current session itself. This was after the first widely acclaimed fast by Anna Hazare at Jantar Mantar that lasted for about 13 days, which made the UPA govt. to come up with this Bill now. 

The Union Law and Justice Minister Salman Khurshid, through his article  “A Question of Balance” (TOI 27 Dec 2011), has given enough reasoning for not agitating only against the non-inclusion of the CBI in the ambit of the Lokpal Bill, as, he argues ,in that case, not only the CBI but the entire gamut of army, police, Para-military organizations, nuclear command/control facility et.al should be under its ambit. No govt. can function credibly under such a watchdog. After all, it is a parliamentary democracy and here only the supremacy of the people of the country as a whole is vested with such authority to challenge a constitutionally elected govt. and not an individual or a few disgruntled individuals with the support of certain other groups or anti-govt. organizations.

The question of reservation in the 9 member body of Lokpal too is a matter that creates problem for parties that traditionally oppose such reservation. But, the country after having experienced the dominance of the high and mighty, the literates and the higher echelons, for centuries, pre-independence vis-a-vis two or three decades post independence , cannot just avoid or overlook the representation to every sections of the society in a high powered anti-corruption set up like the Lokpal at this critical juncture. The biggest anti-reservation agitation was against the reservation to the OBC community and that too was finally accepted and assimilated in the Indian system with suitable alteration/modification like the creamy layer etc. Therefore, the sentiments of the nation as a whole need to be taken care of when a new set up to look on a monstrous dragon like the corruption that has taken this country to abysmal depth amongst the comity of nations.

No political party in India is clean and can claim they are washed in milk in so far as the corruption issue is concerned. Therefore, the need of bringing a strong Lokpal is felt sine long and now we are discussing it in Parliament for three days. There are reportedly several demands for changes in the Bill of which the strong ones are like “include CBI” and “Scrap reservation” (by BJP), amendments like “creation of a separate investigative wing” under the Lokpal and also inclusion of “Corporate Crimes” to be investigated under Lokpal etc. (by the CPM). All these aspects will be discussed threadbare by representatives of political parties who will be given time in proportionate representation basis. The debate will run throughout in Parliament while Anna Hazare and his team will be on fast at Mumbai and Delhi respectively. Hazare’s latest move to sit on a day’s fast at Sonia Gandhi’s residence is also quite disturbing. But, the main disturbing question that agitates the minds of every sensible Indian citizen is : whether Anna Hazare & his team of couple of individuals represents a whole nation to browbeat and bring down a duly elected govt.?