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By Special Delivery
REPRESENTATION BEFORE THE HONOURABLE PRIME MINISTER, GOVERNMENT OF INDIA
The Rt. Honourable Dr. Manmohan Singh MP
The Prime Minister of India
New Delhi 110101
15 February 2011
Dear Rt. Honourable Prime Minister,
Re: The Status of Human Rights Protection, Rule of Law, Corruption, Denigration of Constitutional Institutions in India and the Letter of 40 Nobel Prize Winners in the Wake of Dr. Binayak Sen’s Bail Hearing, Constitutional Legitimacy of the Office of the UPA/NAC Chairperson
- I, Johnson Thomas K (“the Informant”) an Indian citizen resident in the United Kingdom for the past 14 years, a former advocate of the Honourable Supreme Court of India (“the Supreme Court”) and a solicitor of the Supreme Court of England and Wales, an author, a former trustee of the Naz Foundation of India, a conscientious votary for the recovery of the looted Indian Heritage expropriated under the duress of colonial occupation of India submit this representation before the Honourable Prime Minister (“the Prime Minister”)
- The Informant has come to know on 09 February 2011 through NDTV (“NDTV”), a reputed news channel based in India that Dr. Binayak Sen (“Dr. Sen”) a champion of human rights for the Maoists has been sentenced to life imprisonment some time ago on the charges of sedition by the Honourable District and Sessions Court (“the District Court”) in Raipur, Chattisgarh.
- The report by NDTV has also claimed that Dr. Sen is currently seeking bail through the Honourable High Court of Chattisgarh (“the High Court”) and that he is duly represented by one of the most eminent Constitutional and Criminal lawyers in India, Mr. Ram Jethmalani (“Mr.Jethmalani”) who is also a member of the Raja Sabha. The legality of this representation is in no way reliant on the outcome of the bail application or the hearing in the High Court.
- In spite of such best possible legal representation for Dr. Sen the report further stated that observers from the European Union who claim to be neutral observers (“the EU observers”) have been attending the proceedings before the High Court to ensure the proceedings before the High Court protects Dr. Sen’s human rights amongst other things. The EU observers are part of the EU Executive who is deemed to be aware that the Executive in the EU has no observer or supervisory status over the EU judiciary.
- The report also referred to the previous hearing before the High Court where the EU observers sought special permission to attend the proceedings which was granted. The Informant has also learned that the Amnesty International a British charity specialising in the advancement of human rights for several internationally banned organisations have declared Dr. Sen as a prisoner of conscience. It is pertinent to mention here that the Sunday Times of the UK has exposed the connection between some functionaries of the Amnesty International and some of the UK terrorism suspects whilst they hold out as mere champions of human rights instead of the human rights of those accused of terrorism. The Informant concedes that Amnesty International has every right to champion the human rights of those accused of terrorism and sedition so long as they do not monopolise the meaning of human rights to mean solely for those accused of terrorism and sedition.
- The Informant believes that Maoists are an internationally banned terror organisation under the UN and under the Indian law anyone who assists, facilitates, induces, funds, propagates their ideology of violent overthrow of a democratically elected government through force by being a conduit or courier is an accessory under the Indian law just as under the EU laws including the United Kingdom where the membership in a terror organisation is a serious crime. The failure of the Prime Minister’s government in not challenging the recent Supreme Court judgement which exonerates those who are members of a terrorist organisation ought to be seen in this context. The Indian judiciary has proven beyond any doubt that it is capable of interpreting; protecting and dispensing the human rights of even those convicted of terrorism as Mr. Ajmal Kasab in the Mumbai terrorist attack of 26 November 2008 and the EU observers are deemed to be aware of this. Yet the EU special interest for those accused of Maoist terrorism in India is a matter of concern for several members of the civil society in India which is not the monopoly of a few who tries to advance the human rights of only those accused of serious crimes like terrorism, treason and sedition.
- The Informant has also came across an interview by NDTV a month or so ago of Dr. Amartya Sen a Nobel Prize winner in Economics and a University of Cambridge professor who during the course of his interview by Ms. Burkha Dutt an eminent Indian journalist stated that he is a close friend of the Prime Minister and that he believed that Dr.Sen should be released and acquitted. The Informant is concerned whether the Prime Minister is reflecting Dr. Sen’s views instead of his mandated duties. It is relevant to submit here that the Nobel Committee refused to give a Nobel Prize to Mahatma Gandhi at least five times despite him being considered for the prize.
- The Informant is alarmed that a group of 40 Nobel Prize winners predominantly from the 12 European Union nations as a united entity cum pressure group (“the Nobel pressure group”) has written to the Prime Minister of India to ensure Dr. Sen’s immediate release as if the Prime Minister ought to influence the proceedings before the High Court.
- The Informant as a citizen of India and a lawyer with dual qualifications is alarmed at the silence of the Prime Minister in not explaining to the Nobel pressure group that any influence by him on any judicial proceedings in India would make him liable for contempt of court/obstruction of justice/perversion of the course of justice/discrimination besides in the denigration of the Constitution of India including its Doctrine of Separation of powers and the violation of his Oath of Office as the Prime Minister of India.
- The Informant believes that giving any special treatment to one India citizen whether he is Dr.Sen or any other whilst thousands of under trials including those accused of terrorism are languishing in Indian jails for years would set a precedent where EU observers and a group of European Nobel Prize winners acting as a pressure group whether jointly or severally could secure speedy trial and a bail even in serious charges such as sedition beyond the intent and purpose of the concept of equality before law, equal protection of the laws, constitutionalism and the concept of Rule of Law in general without which there is no human rights protection. The EU observers who claim to be from rule of law countries are deemed to be aware of it and if they are not the Prime Minister has a duty to inform them about these issues which are germane to the human rights protection of all citizens of India and not a select few. The Informant believes that the Prime Minister has a duty to defend the Indian judiciary from such organised and concerted attacks by informing the people of India about his refusal to interfere with the judicial process in India as demanded by the pressure group of Nobel Prize winners.
- The Informant has also noticed from the NDTV report that the Government of India is planning to file an affidavit on 9 February 2011 in the Honourable Supreme Court of India in a matter pertaining to the stashing away of laundered and “Black” money in several tax havens in Europe/EU including in Switzerland by several Indian nationals and even charitable foundations.
- The Informant notes that all tax evasions and their fruitage; the so called Black Money (“the Black Money”) is nothing but money laundering and every member nation of the United Nations since the terrorist attacks in New York (“9/11”) is authorised and mandated to take proper steps to monitor, detect, arrest money laundering including through what is called the “Hawala” and as such the Government of India is barred from hiding behind international treaty obligations in not prosecuting such tax evaders in India. It is an accepted fact both under the Contract Act as well as Public International Law that there cannot be a treaty to facilitate an international crime or where the object is to afford privacy, immunity and confidentiality from law enforcement and prosecution through a perverted expansion of the duty of confidentiality. Even if there were such provisions or clauses in an international treaty they are rendered unenforceable under the international provisions against money laundering and the guilty governments are liable to be prosecuted under International Law. Furthermore the object of every valid international treaty is deemed to be lawful similar to the domestic contract laws and no treaty could be entered to subvert the operation of the Constitution of India or any part of it including the role of the Judiciary or the sovereignty of Republic of India exemplified by its tax laws. It appears that the Government of India under the Prime Minister has misled the Supreme Court and the 1.2 billion citizens of India in the Black Money matter pending before the Supreme Court.
- The Informant is also concerned that the European Observers have chosen to ignore the proceedings before the Supreme Court in the Black Money matter whilst they are monopolising the human rights of Dr. Sen. The Informant firmly believes that the European Union including their observers currently in India are bound by their obligation to co-operate with every other country in their anti-money laundering commitments and report the money laundering that is taking place through the European Banks in their respective tax havens including the Swiss Banks. It is pertinent to mention here that several EU member nations besides the United Kingdom mandate every professional including lawyers to report money laundering activities of their clients despite their duty of confidentiality to their clients and thus the EU which has waived duty of confidentiality for bankers, lawyers, financial professionals to facilitate the investigation and prosecution of money laundering cannot impose a contrarian standard on India to favour the tax havens which hoard the tax money due to the Government of India which is public property. The government of India is also barred from alienating Indian property such as tax revenue to other sovereign nations to benefit them to the detriment of nearly 500 million aam aadmi of India who survive on less than one dollar a day which the EU observers and their governments have reason to know. The Solicitors Act read with Financial Services and Markets Act in the United Kingdom mandates the overriding of the duty of confidentiality owed by both the banks and the lawyers to their depositors or clients as the case may be to enable the investigation and prosecution of all financial crimes including money laundering. It appears that there cannot be an operational treaty between any two sovereign nations to facilitate money laundering or black money and India is barred from being an accessory to money laundering.
- The Informant believes that the Prime Minister ought to inform the EU observers upon their return from the Chattisgarh High Court that all the laundered money from India in their respective jurisdictions ought to be seen in the context of the anti-money laundering obligations in the EU member nations read with the UN resolutions and they have a duty to disclose to the Government of India on the strength of their commitments to the International Community to fight money laundering in the wake of 9/11 as black money and laundered money are a major source of funding for terrorism, subversive anti-national activities, violent over throw of democratic governments, human trafficking, drug trafficking and other serious organised international crimes. According to some estimates the money stashed away in Swiss Banks from across the dictators and the corrupt in Asia, Africa, and Latin America is believed to be around $11 trillion. According to a US think tank India alone might have lost at the least $400 billion. According to the claims by a Swiss Bank whistle blower who passed over a CD to the Wiki-Leaks founder more than from any other country tax evading Indian citizens are the major benefactors of the Swiss banks including UBS, Credit Suisse etc. This was also reported by NDTV a few days ago. The EU banks in the tax havens are the biggest violators of the human rights of the citizens of the developing nations who are victimised by dynastic rulers, dictatorships who harbour the looted national wealth of the developing countries in tax havens. The Prime Minister is duty bound to protect the best national interests of the citizens of India and not that of the tax havens or the tax evaders
- The Informant believes that the Prime Minister has a duty to protect the national interest of India he solemnly undertook to protect through his oath of office and inform the EU observers that all the Black Money stashed away in their respective jurisdictions ought to be repatriated back to India as this money belongs to the 1.2 billion citizens of India and is badly needed to implement, protect, advance and improve the human rights of all citizens of India as below;
a) To build and equip more courts across India to ensure speedy trials in India to prevent delayed justice fomenting denied justice and to curtail human rights violations there from.
b) To train, equip and appoint more police officers, lawyers and Judges in India to increase the judge, police, lawyer and population ratio in India to enhance human rights protection across India.
c) To create a police force independent of the Executive in India which was thwarted by the machinations of Lord Macaulay during the British colonial occupation of India and to equip all police stations in India with live video recording of police interrogations in the presence of legal representatives of all accused persons in India and their victims and thereby promote the human rights of all instead of just a privileged few like Dr. Sen who has EU support and Nobel Pressure Group sponsorship.
d) To set up special courts to try serious crimes with international and national ramifications and to train and equip judicial and non judicial staff in all these courts to promote and protect human rights as never before.
e) To set up a niche federal investigative agency dedicated to the investigation, detection of serious economic crimes both domestically and internationally to prevent money laundering, bribes paid by EU companies to secure contracts like the Bofors or the bribes paid by the BAE to Saudi royal family to secure multi billion dollar defence contracts which has been successfully investigated and prosecuted by the US Justice Department. This would prevent Indian citizens from becoming victims of serious economic crimes through the loss of their tax money needed for their education, health care, housing, slum eradication, economic, cultural, religious and democratic rights.
f) To set up a comprehensive Legal Aid fund to protect the interests of all accused persons in India both in courts and police stations who otherwise could be deprived of access to justice which is the most important human right without which all other human rights will flounder. The ordinary citizens of India accused of terrorism or sedition cannot even dream of availing the services of eminent lawyers like Mr. Jethmalani is a fact the Prime Minister ought to consider whilst repudiating the EU and Nobel Prize pressure groups request to ensure the release of Dr. Sen. It is imperative that the Prime Minister’s government should give full legal aid to Dr. Sen so that he has the best defence without the help of any EU agencies or donors especially when they are the beneficiaries of the looted Indian Heritage expropriated under the European colonial occupation of India.
g) To set up a comprehensive witness protection programme across India to prevent witnesses from being influenced in any way whether through intimidation, threats, physical attacks, emotional torture including harassment, inducement or any other means to protect and promote human rights of the witnesses and the accused including those accused of terrorism and sedition.
h) To set up a comprehensive fund for the counselling, training and rehabilitation of all prisoners in India during and after their jail term and to enable them to secure gainful employment and help them become worthy contributors to the society if they so consent. And to modernise all prisons and jails in India to enhance the human rights of all prisoners.
i) To set up institutions in the educational, health, cultural and affordable housing, sanitation and environmental protection sectors and to train, teach, fund and employ professionals including teachers, doctors, nurses, pharmacists, counsellors and other professionals so that the citizens in India enjoy Right to Health as a human right along with right to livelihood, education, economic, cultural and religious rights and their promotion, protection and monitoring in an environment of guaranteed rule of law rights for all without which human rights would only remain on paper as in dynastic and dictator regimes.
j) To protect the environment by providing basic amenities to the people of India through running water, toilet facilities, basic accommodation, implementation of covered drains instead of open drains, refuse collection and recycling facilities, implementation of environmental protection through modernisation of all polluting industries, recycling plants etc. There is very little evidence to suggest that the EU observers and their EU governments could be against comprehensive human rights and environmental protection in India.
- The Informant pursuant to paragraph 1 to 15 above believes that no EU observer or EU member nation could be disinterested in the human rights protection accessible by the Indian citizens through the repatriation of the stashed black money which once operationalised could be the largest human rights protection scheme by any government in human history. Dr. Sen or his supporters, friends, if they are not inclined to being a beneficiary of the repatriated black money still would be enjoying the right not to benefit from such repatriation of black money from European tax havens. The opinion of Dr.Ilena Sen that the High Court of Chattisgarh ought to cede observer status to the EU observers because the Chattisgarh government is in receipt of 80 million Euros in AID only reflects a pressure tactics sponsored by the EU observers to create subservience amongst Indian citizens and destroy their right to national sovereignty and dignity where the latter is a human right in its own right.
- The Informant having already served a legal notice on the Prime Minister enquiring about the action taken so far by the Government of India to bring back the Indian Heritage looted under the duress of European colonial occupation of India is still awaiting a response. The Informant also brings to the attention of the Prime Minister that several European charities collect money from their gullible EU citizens in the name of the poor, the ailing, the homeless, the illiterate, the tribals and the victims of natural disasters in countries like India on top of their animal and bird charities purported to protect these animals in the developing world. A case in point is that the British charity industry which alone hoarded about £39 billion pounds according to a report by the British Charity Commission in 2008. The Informant believes that there are about a million charities in the UK alone which would show that there could be about a million people employed by the British charity industry alone through poverty porn. The British Charity Industry is often used as cover to swing contracts in favour of domestic companies in Europe and many charities employ chief executives who earn high six figure salaries in Euros and Pounds. The Informant is yet to hear about a charity in Europe orientated for securing compensation for the victims of paedophilia by the Catholic Church in the wake of about $800 million dollar compensation awards in the US courts. This information the Informant does not believe would absolve the Government of India’s culpability for manslaughter in allowing food grains to rot whilst millions of aam aadmies die of hunger and tax havens profit at the expense of millions of hungry and malnourished Indian citizens. Every starvation death is manslaughter/culpable homicide not amounting to murder when caused by the Indian state whilst food grains are rotting in government run warehouses or when food and staples for public distribution are diverted by the corrupt bureaucrats of the civil supplies corporations and ration shop owners due to their commissions or omissions or plain heartless negligence. Causing death in the UK through negligence amounts to manslaughter.
- The Informant believes that the Prime Minister in his confabulations with the European Union leaders ought to inform his EU counter parts that India believes in the protection of the human rights of all including those accused of serious crimes such as terrorism and sedition besides their victims and that under the Indian Constitution the human rights of the accused and their victims are equally important to constitute the protection of human rights without any barriers or class or discrimination instead of protecting it only for a class of citizens as the EU observers propose through their observer status. The victims of crimes in India number millions even by a conservative estimate as every incidence of corruption constitutes a serious violation of the right to dignity, right to equality before law, right against discrimination, right against harassment and bullying and right to rule of law where the corrupt government servants across India are the major perpetrators. Had the Supreme Court of India held that the Prime Minister as the de facto head of the government is liable for the break down in Rule of Law and Constitutional Machinery as illustrated by rampant corruption across India he would have been liable to be indicted.
- The Informant believes that the Prime Minister ought to disclose to the people of India the names of the 40 Nobel Prize winners and the EU observers so that the people of India can petition them in a democratic way exhorting them to consider the human rights of Indian citizens who are the descendants of the victims of colossal human rights violations during the European colonial rule of India and take appropriate legal action such as the class action law suits brought about by the victims and the descendants of Hitler’s genocide or against the Swiss Banks who even profited from the melting of tooth fillings of Hitler’s genocide against the Jewish people, besides the slave labour and won multi-billion dollar settlements in the United States of America. There are millions of surviving Indian citizens over 63 who could be direct victims of the European colonial occupation of India whose human rights including their right to compensation through class action could also be protected if the EU observers adopt a similar approach they adopted solely for Dr. Sen in exclusivity.
- The Informant also believes that the civil society in India being a neighbour of Afghanistan a fellow SAARC member has a right to petition the EU observers and the 40 Nobel Prize winners to write to the President of Afghanistan where bombing by the NATO forces could have resulted in the human rights violations of thousands of Taliban and Al Qaeda operatives besides that of innocent non combatant civilian victims who were mistakenly bombed out of existence. It is pertinent to mention here that several EU nations are also members of NATO and can easily secure observer status in Afghanistan under the protection of the NATO. The civil society in India definitely has an interest in the stand of the 40 Nobel Prize winners as regards the human rights including the religious and democratic rights of the 1.3 billion Chinese and Tibetan people and other human rights as espoused by a fellow Nobel Prize winner His Holiness the Dalai Lama especially because his Holiness is in Dharamshala in India and China is India’s neighbour. These human rights of the Chinese people could not be sidelined for EU companies and governments to get market access in China or in fear of the vast $ 3 trillion Chinese foreign currency reserves which could determine the value of the Euro, the GDP and per capita incomes across Europe as pointed out by a Japanese political thinker who considers it the new Mutually Assured Destruction (MAD)
- The Informant apprehends that the people of India will be alarmed to learn that the Prime Minister is complicit in the obstruction of justice pursuant to paragraph one to 20 above making his position untenable if he were not to inform the 40 Nobel Prize winners defending the sanctity of the Judiciary and Judges in India besides the supremacy of the Indian Constitution which is not subject to his doctrine of pleasure.
- The Informant wrote to the Prime Minister enquiring about the steps the Government of India has taken to get the Indian Heritage expropriated under the duress of European Colonial rule repatriated back to India as they impinged on the religious, educational, economic and cultural rights of the citizens of India besides the Human Rights flowing from Right to worship as many of these looted ancient Indian artefacts include sacred and semi-sacred jewellery and idols belonging to all religions in India besides secular artefacts. According to Mr.Kuldip Nayyar a former High Commissioner of India to the UK in the wake of the auction of Gandhi’s letters/Tippu Sultan’s sword bulk of the looted Indian Heritage was lying undocumented and un-catalogued in the British Museum stores when he visited that Museum. The Informant suspects that there is a massive laundering of looted Indian Heritage through the western auction houses. Yet the Prime Minister or some of his ministries of culture, archaeology are not even interested and they admitted that they have not made a single correspondence to recover the looted Indian Heritage whilst the Informant spend his own money to engage lawyers to serve legal notices and take legal action. The Informant learned that there are sadly High Court Judges like Justice Mr.Sharma of the High Court of Delhi who believes that his writ petition was like what the “Shiva Sena” demands despite him relying on the opinions of the world’s best brains like Oppenheimer, Voltaire, Wheeler, Einstein, Mark Twain who all eulogised and revered Indian Heritage unlike Indian historians like Ramachandra Guha, Promila Thapar, Macaulay and the Booker Prize winners from India. Justice Mr. Sharma may be like Justice Mr. Dinakaran, Justice Mr. Balakrishnan or several others who ruin the good standing of the Indian judiciary. Macaulay’s contribution of the police being subservient to the Executive to perpetuate British colonialism and keep the Indian citizens in subservience is relevant in context
- The Informant firmly believes that the Prime Minister ought to discharge his duties to the 1.2 billion people of India in the matter of the recovery of the tax and the principal from money laundering as well as in the recovery of the looted Indian heritage expropriated under the duress of European colonial occupation of India where such duress vitiates the sanctity of all legal documents the EU claims as a defence against their loot and laundering of the Indian heritage. The proceeds of crime including through money laundering and Black Money stashed away in tax heavens belongs to the Republic of India along with their principal, interest and tax. The failure of the dictatorships and dynastic rulers besides the aggressive prosecution of the corrupt in India would destroy the solvency of the banks in tax havens and they have an interest in keeping India a corrupt country steeped with internal conflicts, dynastic rulers, an opaque bureaucracy, a national constituency of disgruntled population who would resort to violence to protect their banks. The onus is on the Prime Minister to declare before the nation whether he or his party has received any political donations from the front organisations or companies where banks or financial institutions in tax havens have a direct or indirect holding whether or through subsidiaries or charitable foundations.
- The Informant firmly believes that there was a serious denigration and subversion of the Constitution of India through the indirect imposition of an extra constitutional authority through the office of the United Progressive Alliance (“the UPA Chairperson”) cum National Advisory Council Chairperson (“the NAC Chairperson) cum National President of the Majority Party in the Lokh Sabha collectively called the Extra Constitutional Authority. It is clear to the Informant that the office of the Prime Minister is subject to the Doctrine of Pleasure of “the Extra Constitutional Authority” who is not a constitutional authority upon whose pleasure his tenure is reliant. The denigration of the Constitutional office of the Prime Minister and his cabinet by making them answerable and accountable to extra constitutional authorities is not with the informed democratic consent of the 1.2 billion Indian citizens but through misinformation and deception to facilitate party political advantages for political dynasties that thrive on sycophancy. It is alarming to state that there are no such extra constitutional authorities of “the UPA Chairperson” over the offices of the President of the United States of America, the Prime Minister of the United Kingdom, the President of France or the German Chancellor or for that matter any other prime minister or president of a robust constitutional democracy. The installation of “the Extra Constitutional Authority” therefore is a betrayal of all the millions of freedom fighters who sacrificed their lives including the Father of the Nation for making India a Constitutional Republic and not merely a democratic nation of dynastic rulers. The onus is on the Prime Minister to pilot constitutional amendment motions/Bills in the Lokh Sabha and get it passed to legitimise the operation of extra constitutional authorities in India instead of doing it through the denigration of the constitution to appease ruling party sycophants.
- The hall mark of dictatorships and dynastic rulers across the world is that they are corrupt or complicit in corruption and denigrate constitutional institutions as in Egypt. The reports that Mr. Hosni Mubarak has a fortune of $70 billion stashed away in Switzerland and Britain is alarming and may be it is time the Supreme Court ordered a CBI investigation under the Supreme Court’s own supervision in to the ill- gotten wealth of the dynastic rulers of India both at the Centre and in the states stashed away in European tax havens. It is pertinent to submit here that in no democracies like the USA, the UK, France or Germany the ruling parties’ national president is above the relevant presidents, prime ministers or chancellor as the case may be. When the Forbes Magazine ranked the Extra Constitutional Authority as the 3rd, 6th and 9th most powerful person in the world in 2004, 2007 and 2010 respectively above the Prime Minister, the Chief Justice of the Supreme Court, the Speaker of the Lokh Sabha it was accomplished through the denigration of the Indian Constitution as the informed consent and will of the people of India is not to set up any Extra Constitutional Authority over these three entities.
- The Informant believes that every incidence of corruption in India is a serious break down in Rule of Law and Constitutionalism and thus pervasive corruption in India is a clear instance of institutionalised break down of the Constitutional Machinery as a whole. The complicity in corruption through silence, inaction, prevarication are all equally culpable because it is those who are complicit in corruption who afford the corrupt the immunity and a safe haven betraying the informed democratic and constitutional will or informed national best interests of about 1.2 billion citizens of India.
- The Informant firmly believes that the silence of the Prime Minister and the Law Minister when the integrity of the courts were challenged by the European Nobel Prize pressure group asking him to ensure the immediate release of Dr. Sen in tandem with the EU observers’ supervisory jurisdiction over the Indian courts is a sad day for India. It is important that the Prime Minister appreciates the High Courts and the Supreme Court do not have spokespersons in an age of media explosion to defend against criticisms. It is important that the Prime Minister ensures the establishment of Judicial and Regulatory Institutional Infrastructure across India so that the citizens of India are protected from the patronisation and grand standing of the EU and European Nobel Prize winners and the Indian busy bodies who support them. As cited earlier the EU member nations are the worst human rights violators in the world due to their genocide of billions of people in Asia, Africa and South America over the past few centuries where only the Jewish victims of genocide have secured compensation. As such the Prime Minister had a duty to defend the Constitutional Institutions of India and the self respecting citizens of India from the EU patronisation, lecturing, neo-colonisation through selective human rights protection, cultural imperialism etc. Protection of National Pride is not a bad thing neither is the protection of constitutional institutions but what is now happening in India is the systematic denigration of constitutional institutions to promote the status of extra constitutional institutions as cited earlier. The denigration of the Constitutional institutions like the CVC, the Election Commission, the Central Information Commission and others like the CBI etc are all matters in the public domain. The orchestrated propaganda by many of the EU funded charities in India against the Judiciary is also an attempt to denigrate the supremacy of the Judiciary before the extra constitutional dynastic rulers and their votaries and the Prime Minister ought to disclose the names of the Nobel Prize winners and the EU observers for the purposes of paragraph 1 to 25 above. The government’s duty is not to run commercial enterprises like Air India or Insurance Companies or Banks and sustain losses as a pretext not to fund institutions of governance and sabotage governance which is its fundamental duty.
- The Prime Minister instead of being proactive in the areas mentioned in paragraphs above is denigrating the existing constitutional institutions such as the CVC, the Election Commission, the Central Information Commission and other institutions like the CBI, the Enforcement Directorate etc through the appointment of individuals with questionable integrity. It is unfortunate that instead of admitting his own failures through inaction, prevarication, silence , delay etc in combating issues of governance the Prime Minister chose to blame the Judiciary for being proactive.
- The Informant has come across extremely serious allegations about the integrity of the Extra Constitutional Authority (the UPA cum NAC Chairperson) and some even relate to forgery involving her birth certificate, holding of both Indian and Italian citizenships, holding of Swiss Bank accounts, having questionable antecedents and associations even with the ISI/KGB/LTTE and Maoist organisations besides others. The Informant appeals to the Prime Minister to confirm to the citizens of India that this is not the case instead of rubbishing such extremely serious allegations. It is pertinent to submit here that the Extra Constitutional Authority and her family are given all immunity from investigation under the guise of their right to privacy/human rights/right to reputation and such other fictitious grounds. If subjecting oneself to investigation and judicial proceedings would breach right to privacy in India then all people arrested or investigated in India are deprived of their so called privacy. There is no right to privacy to prevent investigation in any transparent, robust, constitutional democracy anywhere in the world is a matter worth considering. When the former President of the United States Mr. Bill Clinton was investigated for perjury/obstruction of justice in the infamous Paula Jones case there was no Central Information Commissioner or Election Commissioners or High Court or Federal Judges in the USA obstructing the course of justice there. Any person who lies to the police or any other investigating agency or to the court or to any statutory body could be tried for obstructing the course of justice/perverting the course of justice/perjury/evidence tampering/forgery as the case may be is a fact that the Prime Minister ought to appreciate. It appears that the charges investigated against Dr. Sen is relatively less serious compared to the allegations against the Extra Constitutional Authority. It is a sad day when the Central Information Commissioner and the Punjab & Haryana High Court Judges claimed that revelation of the Extra Constitutional Authority’s religious status given in the Indian census would infringe her privacy. No privacy of President Obama was breached when his religious affiliations including his association with Reverend Jeremiah was discussed thread bare across the American print and television media and the internet. The rulings of the Central Information Commission and the Punjab and Hariyana High Court that the Extra Constitutional Authority’s faith is like a state secret and private when it is even mentioned on Wiki-Pedia as Roman Catholicism is motivated to protect the ruling party’s Hindu Vote bank or thwart inferences against her for her families associations with the religious conversion lobby in India’s tribal belts. There is no outstanding privacy in a matter which is already in the public domain is an accepted fact in all Rule of Law countries. The Informant hereby cites the Wikipedia and the You Tube links to prove his stand as below;
- The Informant through this letter appeals to the Prime Minister not to obstruct the course of justice in any manner or form by not disclosing to the relevant investigating agencies in India the contents of paragraph 29 above concerning the Extra Constitutional Authority so that conclusions are arrived at only after proper investigations monitored by the Supreme Court. It goes without saying that the Prime Minister is barred from being an accessory or being complicit in matters concerning the Extra Constitutional Authority as it impinges on the supreme national interest of the Republic of India
- It is a pity that some 460 government schemes of the government are named after the ruling dynasty of India besides all major landmarks and institutions according them undue clout, voter recognition and thus electoral, political and dynastic advantage. Even the London Heathrow is not named after the British Queen neither are other Airports or Harbours or Universities, Railway Stations which itself exposes the monarchic and dynastic nature of the government of India and their ruling party to sustain the Extra Constitutional Authority. There are a galaxy of freedom fighters and leaders whose names could be considered to rename these landmarks, institutions and infrastructure projects and government schemes if the government were to follow genuine democratic governance instead of dynastic politics. The ruling dynasty favouring the Kerala Bureaucracy in all key departments is not what true informed federalism in Indian bureaucracy that over 20 million people of Kerala deserve as they too like other Indian citizens want protection from corruption, jobs, homes for the homeless, dignity, human rights, genuine democracy and not crony democracy or dynastic rule. As the democratic leader of the world’s largest democracy the Prime Minister also has a duty to protect the dignity and goodwill of the Indian Republic as foreign investment and tourism inflow is based on goodwill of a nation and its democratic credentials. The denigration of Indian Heritage along with infrastructure bottle necks and the looted Indian Heritage on foreign shores benefiting the tourism of those countries is robbing millions of jobs in the aviation, transport, hospitality sectors. All of Indian heritage in India is in a bad state of disrepair except the Taj Mahal and a few Islamic monuments. Heritage Protection like Human Rights protection is not religion or class specific is a fact the Prime Minister ought to appreciate. When the Prime Minister and the Republic of India are lectured and patronised by any EU observer the Prime Minister is well within his rights to point out the right to compensation of the victims of the European colonial genocide, human rights flowing from the ban on burqa, turbans, the human rights of the Romany gypsies in Europe are descendants of the people of Rajasthan amongst others as the WTO based trade permissions granted to the EU is not a licence to patronise India. Pursuant to paragraph 1 to 30 above the Informant submits the following as his direct appeal to the Prime Minister for his time bound action as a matter of priority as there could not be any priority more important to governance for a democratic government.
Direct Appeal to the Prime Minister for Urgent Action
- The onus is on the Prime Minister to consult the state governments where the matters below are exclusively in the state or the concurrent list as he is the leader of the nation. Most of the much needed reforms below could be achieved within a year if there is a political will. The nation would be behind the Prime Minister if investigations he orders results in his unseating or expulsion from the ruling party. However, it is alarming to learn about the Prime Minister’s criticisms about Judicial Activism when it is warranted by the “In-activism” of the Executive of which he is the de facto head. The proactive Judiciary is the only hope for the millions of people in India who are persecuted, harassed and bullied by the bureaucrats through corruption and injustice. From these premises the Informant appeals the Prime Minister to be proactive in the coming Budget Session and implement the following governance, legal, administrative reforms as listed below;
a) The Informant appeals to the Prime Minister to allocate 2% of the GDP for Judicial and Regulatory institutional infrastructure in the coming budget
b) The Informant appeals the Prime Minister to set up sufficient number of civil and criminal courts and other regulatory institutional infrastructure across India so that justice is not denied through delayed justice
c) To abolish all British era draconian laws which were orientated to make the Indian citizens to be at the mercy of the Indian bureaucrats who use this as duress to extract bribes.
d) To initiate amendments to the Prevention of Corruption Act to enable the bribe payers to be whistle blowers and witnesses if they so choose so that the corrupt bureaucrats do not escape conviction due to the lack of witnesses. Decriminalisation of the bribe givers as in most cases of corruption only two sides privy to the criminal transaction are the bribe giver and the bribe taker.
e) To initiate steps to bring back all the Black and Laundered money in European tax havens and Swiss banks which is the plundered property of the state and qualify as proceeds of crime liable to be seized both under domestic tax laws as well as under UN regulations. The failure of the dictatorships and dynastic rulers besides the aggressive prosecution of the corrupt would erode the customer base of the tax havens and they have an interest in keeping India a corrupt country plagued with separatist movements often facilitated, fomented or funded by EU charities as could have been the case with the LTTE.
f) To stop any further resignations of election commissioners and other constitutional functionaries as was in the case of Mr. Gill who was used to bring in Mr. Balakrishnan especially when the current Chief Election Commissioner Mr.Chawla himself is of dubious integrity and independence according to his own predecessor. The need to secure the resignation of people of disputable integrity like Mr. Thomas at the CVC ought to be seen as part of this wider reform.
g) To publish a white paper on the looted Indian Heritage expropriated under the duress of European colonial occupation of India and its recovery so that the people’s right to their heritage including sacred, semi sacred and secular are protected in full both under domestic laws as well as under the UNESCO directives to the former colonial powers.
h) To commence the video recording of all police station interviews in the presence of the lawyers to prevent witnesses claiming duress and turning hostile later in judicial proceedings. Please inform the public and police that all police officers are officers of the court and they could be proceeded against if they were to intimidate, influence, bully or harass or seek bribes in any of their investigations or forge or doctor documents as it could amount to perversion of the course of justice/obstruction of justice/evidence tampering. And strive to make the Police and the CBI independent of the Executive so that they do their duties without fear or favour solely under judicial scrutiny instead of the scrutiny of the dynastic rulers and their bureaucratic and political coterie.
i) To modernise all polluting industries instead of shutting them down causing massive unemployment and social unrest through a dedicated Environment Fund which could be funded from the recovery of the Black/Laundered money in European Tax Havens including Swiss banks.
j) To set up an independent Project Implementation Department in the Centre and the States to monitor all project implementation to check diversion of funds, tardy implementation, corruption, inefficiency, cost overruns etc which cumulatively is wasting over 50% of the governments’ outlay whilst the Prime Minister is refusing to enhance the outlay for the Judiciary to 2% of the GDP.
k) To set up Anti-Corruption Courts in all Districts in India to facilitate timely prosecution of all corruption cases where the courts have the power to freeze the assets of the corrupt until they are acquitted as being tried out in Bihar.
l) To set up adequate number of Environmental cum Planning Courts in all states in India so that planning permission cum environmental clearances for all industries and businesses are given or rescinded by such courts instead of the piecemeal action of the environmental ministries which do not even care about open drains, littering, lack of toilets or running water or in India which do not attract media headlines. The biggest cause of pollution is inefficiency which results in the wastage of resources both human and natural besides energy, time and investment. Even planning permission for pubs in the UK is granted by the Magistrates Courts after hearing the potential landlord, the relevant council/police agency.
m) To implement mass legal literacy campaigns across India informing the Indian citizens about their rights in general and how and where to access them through the print, television media. Without knowing about a right no one can claim a right. Spreading legal literacy in India would empower people democratically and cost very little money as corruption would fall once people are given an opportunity to assert their rights especially when the victims of corruption are from the poor/ disadvantaged/ the OBC/SC and ST communities.
n) By increasing the budgetary allocation for the Judiciary and Regulatory institutions to a minimum of 2% of the GDP from less than 1% now especially because the domestic black economy is estimated to be around 50% of the official economy. The tax recoverable from this 50% domestic black economy will recover the 2% budgetary allocation several times over in a year. It would also address the issue of judge and lawyer population ratios where India is at the bottom of the league.
o) To issue a Gazette Notification to define Secularism and Socialism inserted in to the Constitution of India without any attempt to define it in the Constitution itself whilst the powers, duties, limitations of powers of the President, the Prime Minister, the Chief Justice of India, the Lokh Sabha Speaker the Union Bureaucracy and their counter parts in the states are all clearly defined. After all Secularism and Socialism are our cardinal constitutional principles. Politicians, academics, artists, writers, actors etc are not a competent authority to define socialism and secularism but the union government comprising the Parliament, the Executive and the Judiciary alone could do that. This particularly important as thousands of people in India lost their lives in about 30,000 communal rights across India since independence. Thousands also lost their lives in political clashes, strikes, bandhs etc since independence.
- The Informant undertakes to submit documentary evidence before the Prime Minister upon reasonable notice and is even prepared to testify before any other agency or institution in the interest of promoting Rule of Law and Constitutionalism in India if he is accorded the protection under Witness Protection Schemes and provided legal aid both in India and the United Kingdom.
Signed this on the 15th day of February two thousand and eleven by the Informant
Johnson Thomas K
The Rt. Honourable Justice Mr. S. H Kapadia
The Chief Justice of India
The Supreme Court
The Rt. Honourable Ms Meera Kumar MP
The Speaker of the Lokha Sabha
17 Parliament House
The Rt. Honourable Mrs Sushma Swaraj MP
The Leader of the Opposition Lokha Sabha
8 Safdarjung Lane