Remove Justice Aftab Alam from Gujarat cases:Justice Soni to CJI
Ahmedabad, 27 July 2012
Former Judge of Gujarat High Court and former Lokayukta of Gujarat state Justice S.M.Soni has written a letter to the Chief Justice of India to keep ‘communal mindset’ justice Aftab Alam away from Gujarat cases.
Justice Soni has submitted facts and quotes showing communal mind set of Justice Aftab Alam, and has requested to transfer all matter related to Gujarat before any other bench.
Justice Soni has in his 10-page letter to CJI S H Kapadia requested that the letter should be treated as a Public Interest Litigation(PIL). He has also requested to stay the further hearing of all criminal cases in which Gujarat government is a party and are being heard by Justice Aftab Alam.
The original draft of the letter is embedded here.
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I had this doubt for long time, because anytime any case he will always side and give verdict against Gujarat Govt. and Modi. He also always strikes down any cases against Teesta & Co. The problem is that we have highly communal law minister Salman Khurshid who fought to lift ban on SIMI. That’s why he recently said that summer batch of court is normally conservative when asked about Supreme Court striking down minority quota. He knows that case will be referred to one of their biased judges like Aftab Alam and will get favourable verdict and we will have quota for Muslims.
Justice Soni has shown exemplary courage by addressing this communication to our chief justice who is amongst the most respected judges in the judicial fraternity in the world. If their lordship, justice kapadia take cognizance of the issues raised in the letter, which is alternatively requested to be considered as PIL, the decision will lift the Indian judiciary to the pinnacle. This courageous attempt of justice Soni will encourage others to open up, who may be silent spectators for some reason or the other.
may God help us.
Sabse pahle Congress Gandhi Family ko nikalo,otherwise judge Aftab Alam gone and another Aftab will come. The root of the problem is Congress Gandhi Family,
Jay
JP, Justice Soni needs to be applauded. Our corrupt congressi media keep on applauding Shrikumar, Teesta, Sanjeev Bhatt. These traitors get rewarded and awarded with Padmashris. With efforts like yours people like Justice D V Sharma (Ram mandir) and Justice Soni may become heroes of our online media.
Keep on doing the great work. Feel proud about your consistent and tireless work over last five years to keep us informed.
Wow Justice Soni.. So well written, as a common person , i have now realised and understood the whole issues.
well done shri SONI…
great salute to you…
SONI SIR,BRAVO,HINDU WARRIOR
I guess, 10 ‘Na Mos’ can cleanse the refuse.
Good luck !
Justice Soni has displayed tremendous courage and took a great risk. This indeed is a good deed but India is in the death grip of Pseudo Secular establishment. P-Sec’s will make sure that such good deed will not go unpunished. The problem is not Justice Alam alone. There are many other judges who are biased and future appointees would be even worse. In Post-retirement world, Bias pays rich dividend in terms of high-profile appointments, foreign awards, global prizes, fame, and fortune (e.g. Justice Katju). The way out would be increase retirement age of supreme court judge, ban then from taking any post-retirement appointment, and lastly real seculars need to setup their own NGOs who would dole out parallel prizes and awards to unbiased judges.
Excellent letter. It is amazing even at the level of Supreme court judge, the aggrieved feeling is held with such vigour. Justice Alam forgets that the system which he blatantly criticizes has enabled him to reach this level. The other day I read that there are 6 muslims at Secretary level in Govt of India at the centre. Even then they are aggrieved. Instead of complaining these guys should do some thing to improve the lot of their community who send their children to Madrasa denying them proper education facility and who prefer to be huddled together in ghettos rather than becoming active part of the society where they live.
I was wondering for quite sometime, how a Supreme Court Judge passes case after case in biased manner and no one have courage to speak out fearing speaking against the Higest Court. That judge Alam stopped investigating cases against infamous cheater and fraud Teesta Setlvad, who even cheated the Supreme Court. But SC remianed silent, perhaps they think she herself is the law of the land. It is clear SC don’t want to punish her as she is partner to Congress party Chief. This nation is doomed, as even SC have no guts to punish the criminals fearing the powerful Congress party chief. As Justice Soni,as a retired judge, took the courage now every sections should speak out. SC must remove this criminal Alam, he is not a judeg but a criminal.
Sir,
With due regards to Justice S.M.Joshi who has retired as a puisne Judge of the High Court of Gujarat and later on appointed on 25th November,1998 Lokayukta of the state of Gujarat has written a letter on 27.6.12 to the Hon’ble Supreme Court of India regarding the transfer of all cases related to the state of Gujarat from the bench of Mr.Justice Aftab Alam on the basis of his communal mind set. To day when I was searching some materials on the internet I suddenly came across this news item. Since the allegation is of very serious nature pertaining to a Supreme Court judge I could not resist myself but to express my views to put the matter straighht. Though I admit that my views are infructuous because Justice Alam has already retired as the Hon’ble Judge of the Supreme Court of India, but I feel that if I do not express my views I will be abdicating my duty as an Indian citizen. The most important question is if in the opinion of Justice Soni, Justice Alam is of communal mindset why did he not pray for the transfer of all cases from the bench of Justice Alam involving religious matters particularly of Muslims. Why did he confine himself to the boundaries of the state of Gujarat only ? Does it not show that he was speaking on behalf of the govt. of Gujarat ? To make his points stronger he has extensively quoted from the speech Justice Alam had delivered on 14th October,2009 at the Inner Temple at London on the theme ” The Idea of Secularism and Supreme Court of India ” Justice Soni wrote the said letter on 27.6.12 just after two and nine months after Justice Alam had delivered the speech in question. Why did this inordinate delay take place ? What does it show ? I leave the matter to the readers. I can only say that the allegations levelled against Justice Alam are baseless because of following reasons:
1. The reference of the transfer of the case of the Islamic Academy of Education to a larger bench is a direct allegation against the integrity of the apex court in general and CJI in particular seems illogical. The conclusion drawn by Justice Alam is nothing to do with the attack on the apex court and Hon’ble CJI.
2. He says that money spent on Haj Subsidies is nothing as compared to millions spent on Hindu fairs. Perhaps Justice Soni has conveniently forgotten that Justice Alam in his judgment has termed the subsidies to the Haj pilgrims as unIslamic and directed the Union govt. to reduce the subsidies gradually.
3.It is true that a majority of Indians believe that they live in a secular country. This has nothing to do with his communal mindset.
4. So far as laws treating Hindus and Muslims differently may be wrong in theory it is true in practice. Uniform civil code has not yet been implemented. There are marriage laws, property laws , maintenance laws etc. are not applicable to Hindus and Muslims uniformly.
5. In theory it is said that all are equals before law, but in practice it varies on a wider scale. Job reservation on caste line is the glaring example of different laws even among Hindus. The haves on the strength of their powers get justice easily whereas the have nots have to wander here and there got the justice. It is settled principle of law that Justice delayed is justice denied , but there are more than three crores of cases pending in different courts of the country.
6. It is true that the Hon’ble apex court has delivered conflicting judgments on different matters. If in the constitutional matters or any matter of public importance even two judges of the five – judge bench differ with their brother judges , does it mean that the differing judges have different mindsets ?
Justice Soni should know that Justice Alam again wanted the sUpreme Court of India to define the real meaning of secularism while addressing a seminar at Chandigarh on October 21,2012 organised by the Indian lawyers of Association.
So far as the mind set of Justice Aftab Alam is concerned I can say with confidence he is of not of communal nature . I knew him since the year, 1974 and never found communal virus in his mind. He is straight forward, honest, a man of integrity and a personality of par excellence in providing justice to the poor and down trodden people fright from the days of to the bench. It is a matter of pride for all of that he was elevated to the Supreme Court of India.
Yours faithfully;
BIMAL CHANDRA JHA
Samanpura Road, Patna