Chronicle of fight against an untruth

 

28-06 2004

In the 8thsession of the 11th Kerala Assembly on this day the respondent ,the then Chief Minister A K Antony, in the above case with a pretence of innocence answered to a question of an MLA Smt P K Sreemathy thathe had not submitted in the Court that the impugned orders were withdrawn,contrary to the fact expressed in the Judgement.

31-08-2004

Sri Oomen Chandy,the junior colleague of Antony, smilingly assumed office taking the oath as per the Constitution in malayalam language.,without mach fanfare.The change effected to the oath was in a very stealth manner.A malayalam daily ‘Kerala Kaumudi had reported this matter elaborately.Kairaly ,a malayalam TV channel also gave wide publicity to this change to the oath
.
 It is gratyfying that a couple of days back(october1,2012),the newly appointed readerseditor of the most circulated English dail y of south India Thiru.Panneerselvan has claimed thathis newspaper and its journalistsare constantly striving to fullfil the five roles set out by the nobel leaurateProf.Amerttya sen ,in his attempt to locate afree and vibrant media within the  larger notion of justice,in his 2009 book titled,The Idea of Justice.,accepting the idea in this book that media is important not only for democracy bur for the pursuit of justice.But it is learnt by this author that the management of this paper has specifically directed the Trivandrum Bureau since theyincrporated a report in this daily dated 22-06-2004,of court manipuations committed  by Sri A K Antony , the then chief minister of Kerala ,to totaly black out any  further report  of the fight of this author for the honour of constitutional democracy and justice to 5lakh state govt employees of kerala..It will be fair and decent on the part of this readarseditor tnot to make such claim in the pathetic media culture of our country.
 

01-09-2004

Sri M G Radhakrishnan,veteran jounalist and political observer with eagle eyes, in his article in India Today ( Malayalam ) convincigly  enlightend that it is in appropriate to role the people without love in democracy. He also pointed out that sucide of rajani Anand during this period was due to the wrong educational policies of the Antony government on oath.                                                                                                                                     

14-01-2005
   On this day the state of Kerala filed IA No 953 of 2005 in the Review Petition to the Fools’Day judgement clarifying that the Ext P1 and ExtP2 the impurned Govt orders were not withdrawn as observed in the judgement.Implicitly this meant that this false statement was made before the Court solely to obtain a judgement without the scrutiny of the oath of the Ministers which would have serious implication to the career of politicians who have committed crime against the state by usurping the power of the state relying on a forged oath of office/affirmation,discarding the text of Indian Constitution. .
07-04-2005
In the light of the false representation made by the former Chief minister Sri Antony and other authorities of Govt of Kerala, on this day, Consent petition was filed before the Advocate General of Kerala Sri Retna singh,under section15 of the Contempt of court Act 1971 for initiaring criminal action against them.
 
08-05-2005
 On this day,this author-the petitioner-filed application before the Court seeking to reopen the  judgement based on  blatant falsehood.
 
25-05-2005
Meanwhile ,the frustrated crafty politicion ,Sri Antony who lost his position as chief minister of kerala got nominated to the membership of Rajya sabha,the upper house of Indian Parliament, with blessing of Sonia Gandh and concealing to the nation the gigantic fraud on Indian Constitution committed by him and the manipulations he resorted to escape the fury of Indian Laws.This author ,on this day, as the convenor of his organisation objected this nomination by filing a petition to the Retuning Officer Dr .M C Valson{Secretary Legislature (Secretary , Legislature Secreteriat ,Kerala)for upholding the honour of the Constitutional democracy of his Country.Sri valson was convinced of all theillegalities and immoralities involved in this matter but  like Pontious Pilate espressed his inabilty to do justice by accepting the objection as it  will be against the most shrewd and mighty politician of India.Devils of the dark sky roared-Might is Right in India.
 
17-10-2005
  The reopening petition filed  before the same Bench of the High Courty was dismissed on the ground of the principle that a second review petition cannot be filed to review an order passed in a review petition.But a new principle was evolved  by this Bench permitting powerful politicians and authorities of state governance to commit perjury” in rarest ofare cases solely for the purpose of 'miscarriage of justice”.The pitch dark pachydermic-sized lie of the sovereign authorities of the state of kerala An eerie chorus was heard from dark clouds-Might is right in India.
 
08-11-2005
 As the false statement made in the Court  was by Sri A K Antony,an icon of virtues according to media reports,the Advocate General refused sanction for initiating criminal proceedings  against him. Some funny arguments and clumsy subterfuges were also marshalled to deodorize his  order exhaling miasma all round. Devils of the dark and deep sea hummed-Might is right in India. It is fortunate that a neighboring nation Pakistan,umbilically once related to Indian nation ,is now on its path of strenghening its democratic institutions, and this may bring peace and tranquility to Indian subcontinent. It is an epoch in the judicial history of Pakistan that the Supreme Court of that nation disqualified Yusuf Raza Gilani as prime minister in the wake of his conviction for contempt.Perhaps India may be the only Country  among the countries following consitutional form of democracyi where mighty politicians  who havedishonored and trampled upon the Consitution allowed to hold honourable post under the Constitution.
 
10-11-2005  Salute Gandhi
The entire employees of the state secreteriat  of Kerala rallied around the portrait  of Mahatma Gandhi,father of Indian nation, and voiced their protest against allowing to lie comfortably in the records of kerala high court ,a lie worth hundreds of crores of indian rupee  by the withdrawal of the impurned orders as per the Fools'day Judgement.Thereafter,many Salute Gandhi Days were observed by the employees against the untruth of the sovereign authorities of kerala.The media of Kerala under the strict diktatt the mighty executive authorities completely blacked out this gandhian protest against untruth.
10-04-2006
Special Leave Petition was filed in person by this narrator before the Supreme Court and it wsadmitted on this day  and notice was issued to the Respondents including Sri AK Antony  the Defence Minister of India by the Bench comprising and  Justice AR Lekhsmanan & Justice C K Thakka.Both of them retirea few years later..The matter in the SLPrelating the Honour of Indian Constitution lied before the Court praying for mercy of theJudgesof the Supreme Court for  a few more couple of years.Urgent petitionswere filed by this petitionerbut of no avail.This crucial matttter of Constitutiuonal governance failed to get any attention of print ans visul media;perhaps it my be because disclosure  of the legal and moral issues in this case might bring discredits to the nation,perhaps more to career politicians of kerala.
06-2009
Drafted Letter to the governor of kerala seeking apology from him for allowing politicians of kerala to rule people of kerala" without love"whereby committed crime against indian nation.This was not forwarded
31-03-2010
This narrator and his colleague  Sri Kalachudan retired from service.A grandSalute Gandhi day was conducted in the campus of the State Secreteriat of Kerala..Sweets was distributed to the gatherings of this grnd function.
11-12-2012
                         On this day of hearing of the SLP a written Submissiion was filed by the petitioner containing vsery serious contention for allowing the petition
The Supreme BenchCourt No6) comprising Justices RM Lodha and Anil R Dave while hearing this case Senior Counsel Gopal Subramaniam and MN Krishnamani who were present in the court to give their valuable opinion on the cases related oarh of office of ministers of state and state assembly of kerala.It was also directed to issue natice to the Attorney Grneral of india to render assistance to the court in deciding this case .The Court also directed to list the case for further hearing on 06-02-2013.The malayala manorama dated12-12-2012 reported also the tagged matterr related to the forged oath of office of the the former Chief Minister of Kerala(?) Sri AK Antony.But Sri R venkitesh ,the veteran legal reporter of The Hindu had omitted the tagged case.It perhaps may not be a deleberate omission to appease the defence Minister Sri AK Antony ,who is very expert in domesticating media persons.
28-02-2013
 This narrator ws requested by an advocate for Umesh chulliyil,a party ib thhe case to this case involving the the forged oath of office of Sri Ak antony was tagged to agree to their for adjouning the case from the court ordered dete of 06-02-2013 to some other date and this day was fixed by court..But  the matter was trnsferred to another bench(Court7).In the high court also while  the matter was finally heardsuch switching of bench was done.In India it is learnt in casesin which stakes of powerful and mighty are involved such shifting of Bench is done though not very often.
      But on witnessing the proceedings of the Court on this day  this narrative got the
mood of the Judges.They expressed their unwillingness togo into the unconstittutionality of the oath of office of the oath of the  ministers of kerala..They were not even agree the contention of thi narrator that to rule the people of Kerala withoput love: is a crime" ande dismissed the Petition.When the petition-narrator mentioned that the earlier bench headed by Justice RM Lodha had issued notice to theAttorney General Sri Vahanavati  as there is substantial Question of of involved in this case,,thyis  Bench sneered at this narrator.
01-04-2013 nother Fool's day
On this day review petition was drawn against upholding of the Fool's Day judgement of the High court 0of Kerala by the Supreme court Bench heded by Justice Chauhan and it was efiled on 03-04-2013.
 
 
13-08-2013
The Review petition was dismissed without any application mind by the Bench of the Suprems Court comprising of Jutices Chouhan And  Kalifulla
06-01-2014
 Within a couple of days Justice BS Chauhan who headed the Bench that ignored issue of the assumption of the office of chief Minister of Kerala on a forged oath instead of patriotic constitutional oath was selected as the chairman of the Cauvery  Water Tribunal on 10 may order was issued by the UPA Govt..This appointment is not due to any favour given to Sri AK Antony in the above case.
13-08-2013...........................................................This narrator still hopes for justice from Supreme Court by filing a curative petition.
 
 
Battle in another front
 
{Plea before the Hon'ble High Court of Kerala to recover from the ministers of the cabinet of Kerala  led by former Chief Minister of kerala Sri AK Antony For having faked as de jure ministers without assuming office as mandated by Article !63(4) of Indian Constitution and rediculed the concept of democracy by taking an oath /affirmation to rule the people 'without love"}
 
10-09-2009:  
It is a fact that all the constitutional authorities of India enter office with a solemn promise that they will bear true and allegiance to the constitution of India as by law established and faithfully and conscientously discharge their duties.  But the minsters of Kerala ruled the State from the year 1967 August 2014 enterning office.   Taking a forged oath of office.  In these long 37 years all the organs of Indian Union  failed to edxtend/uphold the master document of the Nation.  
The oath/.affirmation of office of the ministersof kerala of Kerala from the year 1967 to August 31, 2004, the day on which Sri. Oomen Chandy assumed office as Chief Minister of Kerala consequent to the declaration of the Hon’ble High Court the above extant office unconstitutional in an implicit manner. It was seditions in words, tone and tenor.  But there action was not always traitorous according to their oath to rule the people without.  But during the rule of Sri. A.K. Antony an defacto Chief Minister of Kerala who usurped the office without the sanction of Indian Constitution on 17-05-2001, it is difficult to say that it was I along traitorous.  Hence this unconstitutional rule was challenged before the Court.  But due to grave chicaneries and manipulations resorted by the authorities in the Court process, Sri. Antony and hisassociates succeeded to continue in office on the strength if his murderous affirmation  of office(to rule the people without love) about 3 years and enjoyed all the monetary benefits and after privileges associate the office of the minister of State.  The Accountant General of Kerala (A&E) has not paid heed to the clamour of a section of patriotic people of kerala to recover the monetory benefits enjoyed by the ministers of  the defacto cabinet of Kerala Headed by Sri. Antony from the month of May 2001 to August 2004. Hence this was challenged before the High Court of Kerala in WP(C) No. 32509 of 2009 by this narrator in person on 10-09-2009   This was filed as a public interest litigation and the text of this writ petition is given below: 
 
BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM
(Special Original Jurisdiction)
 
WP( c ) No.          of 2009
N. Krishna Prasad :               Petitioner
VS
The Comptroller & Auditor General   :          Respondents         
Of India, New Delhi and others
 
 
 
 
 
 
 
 
 
 
 
 
 
Memorandum of writ petition filed under Article 226 of the Constitution of India.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
N.Krishna Prasad
Party in person
 
 
 
BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM
(Special Original Jurisdiction)
 
WP( c ) No.          of 2009
N. Krishna Prasad :               Petitioner
VS
The Comptroller & Auditor General   :          Respondents         
Of India, New Delhi and others
 
 
                                      
 

BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM

(Special Original Jurisdiction)

 

WP( c ) No. of 2009

 

N. Krishna Prasad : Petitioner

VS

The Comptroller & Auditor General Respondents

Of India, New Delhi and others

INDEX

 

Sl. No.

 

Particulars

 

Page No.

1 Synopsis 1-5
2. Original Petition 6-33
3 Affidavit 34
4 Exhibit P1-True copy of letter of appreciation dated 16/03/2004 of the petitioner by Smt. Sudha Pillai, former Principal Secretary, Finance Dept. Govt. of Kerala 35
5 Exhibit P2-True copy of Pay slip No. GE 02/D/K15/1330 dated 12/08/2008 issued by the Accountant General (A&E), Kerala enhancing the basic pay of the petitioner to Rs. 23800/ 36
6 Exhibit P3-True copy of Letter No. GE 02 /K15/935 Fin dated 27/07/2009 from the Accountant General (A&E) directing the petitioner to remit an amount of Rs. 5769/-. Govt. order No. (MS) 612/2007/Fin dated 27/12/2007

37&38

7 Exhibit P4-True copy of Govt. order No.(MS) 612/07/Fin dated 27/12/2007 barring increment falling on 1/05/2008 of the petitioner 39-43
8 Exhibit P5-True copy of Pay slip No. GE 02/D/K15/1298 dated 17/09/2009 barring increment of the petitioner falling on 20/06/2008 with direction to the Sub Treasury officer, VikasBhavan,Trivandrum to recover an amount of Rs5452 from the salary of the petitioner being the unsuffered portion of increment bar effected from 20/06 2008      44
9 Exhibit P6-True copy of Letter No. GE02/D/15/1297 dated 17-09-2009 of the Accountant General (A&E) addressed to the Principal Secretary (Finance), Finance (Adminstration A) Department.       45
10 Exhibit P7-True copy of Petitioner’s representation dated 05/10/2009 addressed to Smt.J. Mahalekshmy Menon, the Accountant General (A&E), Kerala. 46&47
11 Exhibit P8-True copy of Letter No. dated 15/01/2008 from the State Information Officer, General Administration (special B) Department. 48-50
12

Exhibit P9-True copy of The forged text of oath of office of the former ministers of Kerala instead of the constitutional oath of office.

51
13 Exhibit P10-True copy of Copy of the judgement in RP No. 703/2003 dated 01/04/2003 of the Hon’ble High Court of Kerala. 52-55
14 Exhibit P11-True copy of Govt. Circular No. 56/2005/Fin dated 03/10/2005.

56&57

15

Exhibit P12-True copy of the delayed Govt. order (RT) No. 998/07/fin dated 07/02/2007 regularizing the period of waiting for posting of the petitioner.

58
16

Exhibit P13-True copy of Letter from the Finance officer Directorate of Printing dated 28/04/2007 to the Accountant General (A&E), Kerala.

59-63
17 Exhibit P14-True copy of Representation dated 16/10/2009 to the Accountant General (A&E) Kerala from the petitioner in his capacity as the Convener as Secretariat Aikya Vedi. 64-68
18 Exhibit P15-True copy of the extract of the report of Mathrubhumi Daily dated 01/02/2005. 69
19

Exhibit P16- True copy of the English Translation of Exhibit P15

 

70

 

 

Dated this the 9th day of November 2009/ 18th day of Karthika 1931/24th day of Thulam 1185

 

 

 

Petitioner

 

 

(Party in person)

Writ Petition
 
                                                      
 
 
 
 
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