No to Mr. Justice Mohit Shah's Elevation to the Supreme Court of India
New Delhi. Founder and President of Litigants Welfare Forum, Bombay, Dr. Leo Rebello has opposed Mohit Shah's elevation to the Supreme Court of India. Dr.Leo Rebello said that Mohit Shah should be compulsorily retired under the Inhouse Procedures of the Supreme Court of India, because his continuance in office is NOT in Public Interest.
Dr. Leo Rebello has written a letter to President of India, Dr. Pranab Mukharjee and H.L. Dattu, The Chief Justice of India, New Delhi. We are posting his letter without editing-
HIGH PRIORITY EMAIL - Saturday, 14th February 2015.
To
DR. PRANAB MUKHERJEE,
The President of India, New Delhi.
To
SHRI H.L. DATTU,
The Chief Justice of India, New Delhi.
To
SENIOR ADV. DUSHYANT DAVE
To
President, The Supreme Court Bar Association, New Delhi
And All Recipients
Subject: No to Mr. Justice Mohit Shah's Elevation to the Supreme Court of India.
Reference: Bar & Bench http://www.barandbench.com/content/212/dushyant-dave-writes-cji-dattu-opposes-elevation-justice#.VN3c2XtBHVo
The undersigned, Founder and President of Litigants Welfare Forum, Bombay, since 1990, supports Senior Advocate Dushyant Dave's two succinct and well-documented letters of 6th and 11th February 2015, addressed to Shri H.L.Dattu, the Chief Justice of India, opposing Shri Mohit Shah's elevation to the Supreme Court of India.
Brief Dossier on Mohit Shah, CJ of BHC why he should NOT be elevated to the Supreme Court of India.
(a) Mohit Shah is morally not fit or competent to be a High Court Judge. Even then he was appointed as the Judge of the Gujarat High Court, on September 18, 1995.
(b) He was then elevated as the Chief Justice to the Calcutta High Court, on 24th December, 2009.
(c) Within a short time he was shunted out from there, or he engineered it to become the Chief Justice of the Bombay High Court, on 26th June, 2010, since Mumbai is the commercial capital of India.
(d) During CJ
(e) There is rampant corruption in the Bombay High Court. Cases of the Poor, Cases pertaining to Environment, Public Interest Litigations have suffered immensely at the hands of Money Bags, Builders,
Big Industrialists. This will be prescient if the Collegium were to analyse the Judgments given by Mohit Shah in the last 5 years.
(f) Mohit Shah's name was twice rejected by the earlier Collegiums of the Supreme Court of India. If the minutes are maintained, they will speak for themselves for the benefit of the present Collegium.
(g) About two years ago, Hindustan Times had reported, that it was the considered opinion of the Collegium that the Elevation of Mohit Shah would be counter productive to the Administration of Justice.
Therefore, how can a Black Listed Judge be considered for Elevation again? Because, tainted BJP President Amit Shah is his cousin? Should not this be investigated when we talk of Zero Tolerance to Corruption
and Satyamev Jayate.
(h) If Corrupt Lawyers, who indulge in procuring Envelopmental Judgments from corrupt judges like Mohit Shah have decided to keep mum, we the Litigants have decided that we will now NOT keep quiet.
For as the legal maxim goes, Satis et Satis -- Enough is Enough.
(i) Mohit Shah's tenure as CJ of BHC ends on 17th Sept. 2015 on attaining the retirement age of 62 years for the High Court Judges. If he is promoted, he will get another 3 years to spread his
tentacles and he may again sit on Essar Scam of Rs.10,000 crores case admitted by the Supreme Court of India. Usually, in these type of cases, the High Court and Supreme Court judges get 10 to 20%
of the total value, and no one investigates them because of the Immunity they enjoy. This immunity has wantonly been misused and we demand that it should be withdrawn. Corruption in the Apex Court spreads in the lower courts and corruption in the courts is an ultimate aberration.
In the light of what has been stated above, Mohit Shah should be compulsorily retired under the Inhouse Procedures of the Supreme Court of India, because his continuance in office is NOT in Public Interest. He is such a fallen man spiritually that he even messed up 52 Slum Dwellers Case who have been fighting for Alternative Accommodation for the last 30 years against the notorious Thakur Builders of Kandivali East. I can give full proof of that since I am the Power of Attorney holder for them.
Think over this line: If Politicians are corrupt, they can be defeated in 5 years or earlier. But one corrupt IAS or IPS officer or one corrupt Judge sits over your head for 30 to 35 years. Sometime, such corrupt Judges are also nominated as Governors, or chairpersons of various other bodies like the NHRC, Green Tribunal, Arbitration Panels, NCDRC, post retirement. And people suffer further.
Senior Advocate Dushyant Dave and others receiving copies of this frank and fearless letter should note that the Supreme Court of India at its Full Court Meeting (consisting of S.C.Agrawal, A.S.Anand, S.P.Bharucha, P.S.Mishra and D.P.Mohapatra), held on December 15, 1999 to consider the Report of the Committee on "In-House Procedure" devised to take suitable remedial action against the Judges who, by their acts or omission or commission, do not follow universally accepted values of Judicial Life including in the 'Restatement of Values of Judicial Life', dated October 31, 1997, unanimously adopted the Report of the Committee. The amended Para 5 of the Report, as applicable, reads: "5(i) After such inquiry the Committee may conclude and report to the CJI that (b) there is sufficient substance in the allegations contained in the complaint and the mis-conduct disclosed is so serious that it calls for initiation of proceedings for removal of the Judge...." Instead of removing Mohit Shah as the CJ of the BHC, if the Collegium of the SCI were to promote him, People of India will have absolute NO faith in the SCI and history will NOT forgive you for this grave lapse.
The undersigned, based on his own experience, taking into consideration the opinions of other Activists, and after seeing previous complaints made by Adv. Nedumpara Mathew, who has even given the name of the Agent of Mohit Shah, and now this letter of Senior Advocate Dushyant Dave, DEMAND (repeat demand) that to save the reputation of the High Court of Bombay and the Supreme Court of India, the said Mr. Mohit Shah should be immediately asked to resign, or appropriate proceedings be instituted against him under the Contempt of Court Act and the In-House Procedure of the SCI mentioned above. We expect the present CJI and his esteemed Colleagues will NOT fail in their sacred duty to clean the Temples of Justice.
If the Collegium were to fail under pressure of power brokers like Amit Shah, cousin of Mohit Shah, the Learned President Dr. Pranab Mukherjee should return the file and/or refuse to sign the Warrant of Appointment. The former President Dr. K.R. Narayana used to return the files with which he did not agree. The President is the elder statesman and NOT a mere rubber stamp, and we repose faith in him and vide this frank and fearless letter urge him NOT to fail in his duty. President is not a rubber stamp being the Head of State and Supreme Commander.
Rise up Citizens, Journalists, Activists, Advocates, Collegium Members of the SCI, all high Political Functionaries like the PM, VP, President of India.
Dr. Leo Rebello
28/552 Samata Nagar, Kandivali East, Mumbai 400101, India
(News posted on February 15,2015 07:58)
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