CHIEF INJUSTICE OF INDIA

K.G BALAKRISHNAN – PART III

BY V. SUNDARAM I.A.S

Now, everyday, there is an exciting news item relating to the unparalleled and never to be surpassed glorious record of unimpeachable integrity of the former Chief Justice of India K.G Balakrishnan! The alleged links of his family members with the now infamous corporate lobbyist Niira Radia have been brought to public view by the Delhi-based journalist Dr M Furquan who presented a petition to the Vice- President on May 4, 2010.

The complaint said that Balakrishnan’s son Pradeep had mediated with Dubai-based NRI businessman Yusuf Ali for settling the legal battle between Mukesh Ambani-owned Reliance Industries Limited (RIL) and Anil Ambani-owned Reliance Natural Resources Ltd (RNRL) over Krishna Godavari (KG) basin gas supply.

Dr M Furquan contended that “Pradeep, who is a practising advocate in the Supreme Court, visited Dubai seven times for mediating with the NRI businessman in connection with the disputed”.

The three-and-a-half-year battle between the Ambani brothers ended when the Supreme Court on May 7, 2010 delivered a verdict favouring the stand taken by the RIL.

THIS VERDICT WAS WHAT NIIRA RADIA WAS REFERRING TO IN HER TAPED CONVERSATIONS, INCLUDING THAT WITH VIR SINGHVI.

Dr M Furquan, in his complaint, also invited the attention of the Vice President to the shady role played by the former Chief Justice of India K.G Balakrishnan in granting relief to CPM leader Pinarayi Vijayan in the sensational SNC-Lavalin corruption case. Dr M Furquan stated in his complaint: “Justice K G Balakrishnan has fast-tracked the SNCLavalin case due to pressure exerted on him by his family members, who are very friendly with Pinarayi Vijayan.”

The complaint also stated: “the PM’s Principal Secretary T K A Nair, who is also Chairman of the Kerala State Industrial Development Corporation, and Christy Fernandes, who is the Secretary to the President, have jointly met up with the Chief Justice for influencing him in favour of Pinarayi Vijayan with whom both of them are very friendly.”

Furquan also contended that “mining tycoon Janardhana Reddy has met the CJI’s son-in-law P V Sreenijin in Kochi seeking his help in getting the CJI go soft on cases in which the Reddy brothers are embroiled.’’

According to the currently raging public opinion, not only in Kerala but in the whole of India, Pradeep and P.V Sreenijin were the most trusted Executive Arms of the former Chief Justice of India K.G Balakrishnan in his most avidly sought after business of selling justice at highest rates to the competing litigants. In this context I cannot help quoting the timeless message contained in Magna Carta (1215 AD): “To no one will we sell, to no one will we refuse or delay, right or justice”. Perhaps the former Chief Justice of India K.G Balakrishnan had no faith at all in this operational message of Magna Carta. Taking note of the daily cascading newspaper reports of complaints against him it can be justifiably presumed that he believed in this message: “To every one we will sell; to every one (who does not pay) we will refuse or delay, right or justice”! (Judicial moral, derived from and suitably adapted from the famous poem of John Milton: ‘They also serve who SELL’)

It is not therefore surprising that a fearless, outstanding and outspoken Judge like the retired Supreme Court Judge V.R. Krishna Iyer has demanded a probe into the various allegations of corruption against former Chief Justice of India K.G. Balakrishnan, currently the Sonia-appointed Chairman of the National Human Rights Commission. Justice V.R. Krishna Iyer was appointed as a Judge of the Kerala High Court in 1968 and the Supreme Court in 1973.

I had commented upon the shady nexus between the two anti-nationals, K.G. Balakrishnan and Firangi Memsahib Sonia Gandhi, in an article titled ‘THE DARKEST DAY IN OUR LEGAL HISTORY’ on 19 May, 2007. In this article, I had invited the attention of the people of India to the wholly illegal, ridiculous, unconscionable and unconstitutional ‘DOCTRINE OF STALENESS’ propounded by this supremely corrupt Supreme Court Chief Justice when he asked Dr Subramanian Swamy not to press his case for disqualification of Sonia Gandhi who had repeatedly lied under oath in her false affidavits to the Returning Officer of Rae Bareilly Parliamentary Constituency. A known traitor and sworn enemy of India and her people was declared as an honourable citizen by this corrupt, shameless and honourless judge K.G. Balakrishnan.

This wholly unpatriotic and treasonable former Chief Justice did not pass orders peremptorily disqualifying the Indian citizenship rights of Dr Subramanian Swamy! Thank Heavens for small judicial mercies!!

Now, it is time for the tax-paying citizens of India to publicly demand the Constitution of a larger Bench of Supreme Court of India to overturn this spurious ‘DOCTRINE OF STALENESS’ enunciated by the former Chief Justice of India K.G. Balakrishnan which only gave an unmerited relief and reprieve to the greatest traitor in modern Indian history, the Firangi Memsahib. This doctrine also undermines the basic human virtue of honesty and integrity as it says, “You can tell any lie under oath and we will readily forgive you invoking the Doctrine of Staleness”.  This Doctrine will also make us all a Nation of Liars.

Justice V.R. Krishna Iyer has said that he was happy when Justice Balakrishnan became the first Dalit to be appointed as the Chief Justice of India, but the situation had changed now.

Let us hear the words of Justice V.R. Krishna Iyer: “Now with all the allegations that have surfaced by way of a news report which appeared the other day about his son-in-law and also the issues of a judge writing to him on the (sacked communications minister) Raja issue regarding (senior Supreme Court judge) Justice (H.L.) Gokhale, I MYSELF FEEL ASHAMED THAT I WAS A JUDGE.”

It has been alleged that Sreenijin, husband of Justice Balakrishnan’s daughter KB Sony, had bought lands and property worth several crores of rupees for himself, his wife and others in the past four years despite the fact that he had declared to the Election Commission in 2006 that he owned only `25,000 and three sovereigns of gold.

Justice V.R. Krishna Iyer has referred to the news report aired on a TV channel about the huge wealth that Justice Balakrishnan’s son-in-law P.V. Srinijin, a Congress leader and a lawyer by profession, has allegedly acquired in the past three years. Justice V.R. Krishna Iyer has told the press: “All the reports that have surfaced about his son-in-law, his daughter and relatives have to be inquired into. Justice Balakrishnan should be probed by a three-judge panel. The Prime Minister had the responsibility to initiate an investigation. There is an imperative national need for the setting up of an Appointments and Performance Commission for Judges.”

Referring to Justice Balakrishnan’s controversial stand on the letter written to him by Justice HL Gokhale with reference to former Union Telecom Minister A Raja, Justice Krishna Iyer has said, “I am surprised by his statement. I would describe it as Balakrishnan’s blasphemy.”