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Archives for : Allahabad High Court

#India- UP judge accused of molesting two girls in his office #WTFnews #Vaw #judgemolester

 #India-Towards a Decisive Victory in the Historic Battle for Women’s Rights

Reported by Anant Zanane, Edited by Sindhu Manjesh | Updated: January 23, 2013

Gonda, Uttar PradeshA judge in Uttar Pradesh has been accused of molesting two girls in his chambers at a court in  Gonda district, a two-hour drive from the capital of  Lucknow.

The two separate incidents allegedly took place on Monday.

The girls filed independent police complaints in which they allege that the judge made them undress and touched them inappropriately, claiming that he was trying to determine whether they are minors or younger than 18.

The girls were deposing before the judge in two separate cases of kidnapping that were lodged by their families after they had allegedly eloped. They had been summoned before the court to give their statements, which would have been used as evidence.

The police says that to register a case against the judge, it needs permission from the Allahabad High Court, which is awaited.

Lawyers boycotted the court in Gonda and vandalised the judge’s chambers, demanding his arrest.

 

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Muslim Prejudice-‘I’m jobless. I can’t start a business also because friends refuse me loans’

‘I’m jobless. I can’t start a business also because friends refuse me loans’

Syed Wasif Haider
Kanpur, Uttar Pradesh
Age 40 | Years In Jail 8
Arrested July 2001 | Acquitted August 2009

Syed Wasif Haider

Photo: Vijay Pandey


SYED WASIF HAIDER, a resident of Kanpur, UP, was jailed for eight years, before the courts finally acquitted him of all charges on 14 August 2009. As a part of the delegation meeting the president on 18 November, he had only one thing to say: “Please stop the media from defaming me. I was declared innocent in 2009. Yet, the local media drags my name in whenever there’s a blast. I’m facing a social boycott. Children in the locality don’t play with a ‘terrorist’s’ daughters. Relatives feel police will hound them for visiting me.”

After his arrest, nine cases, including rioting, waging war against the State, sedition, ferrying arms and explosives were slapped against Haider. Every single case fell apart because the courts either refused to entertain the confessional statement made in police custody (which often found space in the media) or found the witnesses “unable to establish” that Haider had a role in the Kanpur bomb blasts of 14 August 2000 and other offences.

At the time of his arrest, Haider was 29. The only son of his parents, he left behind a pregnant wife and three children, while he spent eight years shuttling between Kanpur Jail, the Navi Central Jail in Allahabad and the Central Prison in Fatehgarh.

TEHELKA met Haider at his lawyer friend’s house in east Delhi. Here, this wellbuilt man in his early forties lives with his memories. Recounting his trauma, he says the police hung him upside down in a dark cell for three days after picking him up. Then they pushed washing powder and water down his nose. Then electricity was passed through his toes till he fainted. His torturers never left any mark on his body because that would have muddied their FIR claims. Interestingly, the interrogation also included questions on what sect of Islam he followed.

“I replied I was a Muslim, but they insisted on sect and ideology. Later I realised if one follows Salafist Islam, it becomes easy for them to label him a Lashkar-e-Toiba loyal. Sunni Barelvi groups would be linked with Hizbul Mujahideen,” Haider says.

Unable to bear it anymore, Haider finally gave in to the torture, agreeing to confess on video camera to whatever the police wanted. In the confession made under duress, Haider said he was trained by the Hizbul Mujahideen in Kashmir and Pakistan — information that found its way to the media.

“My wife had to sell her jewellery to make ends meet,” says Haider. “Some 38 lakh went into meeting legal expenses (the case went right up to Supreme Court). Today I’m jobless. I can’t start a business because friends refuse me loans. Wherever I go looking for a job, once they learn about my eight years in jail, companies tell me they will get back to me. They never get back.”

Incredibly, even after the courts acquitted Haider, the media did not stop its trial. Thanks to “anonymous sources”, and a total disregard for accountability, some blast or the other was always linked with Kanpur, and not surprisingly, Haider’s name would crop up. For instance, the Dainik Jagran dated 9 December 2010 had a news item on a terror attack that suggested the likelihood of links with Kanpur and mentioned Haider along with others as ‘atanki’ (terrorist).

Holding up the Dainik Jagran dated 9 January 2011 as an example, Haider shows a headline, which after translation reads: “Garbage Overwhelms Basketball Court”. Then he shows the next day’s paper (10 January 2011) which says: “Garbage Being Lifted from Basketball Court”. “This is the impact of the media,” says Haider. “Now imagine how I was demonised.”

Haider has filed a case against Dainik Jagran in the Allahabad High Court. Cases are also pending against Amar Ujala and Dainik Hindustan.

Baba Umar is a Senior Correspondent with Tehelka.
[email protected]

 

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#India-Journalists report the police version of crime: Seema Azad

|October 21, 2012

Do journalists question enough, asks Seema Azad, ‘Dastak’ editor who was charged under the UAPA in this interview with SHOBHA S V [Courtesy: THE HOOT]

Seema Azad

37-year old Seema Azad’s calm demeanour belies the trauma that she’s had to undergo. Azad, editor of ‘Dastak’ magazine and organising secretary of People’s Union for Civil Liberties (PUCL) was arrested in February 2010 in Allahabad along with her husband Vishwa Vijayon charges of sedition and UAPA. Vishwavijay has been a student union leader and activist of Inquilabi Chhaatra Morcha.

The duo were arrested shortly after Seema wrote against Ganga Expressway Plan, a project that would have displaced many farmers and also highlighted arbitrary arrests of Muslim youth by the Special Task Force in Azamgarh.

After a prolonged fight that stretched for two and a half years, the Allahabad High Court finally granted bail to the duo on 5thAugust, 2012. They have appealed against the conviction. Azad and her husband were in Mumbai recently to speak in a public meeting demanding for release of social activist SudhirDhawale, who has been in jail on charges of sedition.

Seema spoke out strongly against sedition and laws that curbed dissent and deplored the failure of mainstream media to question police charges against fellow journalists and activists. She also said the publication of ‘Dastak’ was suspended when she and her husband were in jail, but it will come out again from January, 2013.

Can you tell us what happened when you were picked up in February 2010?

I was coming back from Delhi after attending the National Book fair and a group of plainclothesmen literally grabbed my husband and me and put us in a vehicle. I wouldn’t say we were arrested. We were kidnapped. There was no warrant issued at all.

Why do you think you were arrested?

During questioning, the police kept asking us about my articles in my magazine ‘Dastak’ including Operation Green Hunt, Ganga Expressway Plan that would have affected many farmers’ livelihood and about my article on Muslim youth in Azamgarh who were being harassed by the police. I was branded a Maoist because I wrote against the Government on these issues.

Can you describe your experience in the jail?

It was very depressing initially. For the first day or two, I couldn’t talk to anyone. I slowly started opening up. Resistance builds up only gradually. My experience in prison made me open my eyes to a reality that I would never have had an opportunity to experience otherwise. Prisoners also have rights, which are consistently violated all the time. I remember wanting to read a newspaper every day. It seems like a simple thing except that it was not. I had to fight for it with the superintendent, jailor, warden and may others. Finally, when the Chief Judicial Magistrate had come for a programme in the prison, I insisted very strongly that I need a newspaper. It was only after his intervention that they started giving newspapers to read. My family really helped me during this time. Whenever they would come to meet me, they would bring along with them, a big set of newspapers, magazines and some books for me to catch up with my reading. I also found that the jail library is in a very bad shape. I could hardly use it. In my prison, I was the first woman who was accused of being a Maoist.

Since I was an under-trial, physical work was not mandatory for me. However, they kept asking me for bribes. I resolutely refused to pay them anything. I received feelers that I should either pay up or I should work. I clearly told them that I wouldn’t mind working but refused to pay bribes. However, they did not bother me after that. I think it was because I was educated, that things were relatively better for me than someone who is non literate.

The jail officials would ask for money in order to facilitate meeting with my family members. I ended up spending lot of time with the children of the female prisoners. I also taught two women how to read.

What kind of support did you receive from the journalist community?

Mainstream media kept writing from the point of view of the police. When I was arrested, I did not get any support from mainstream media and journalists at all. I have been working as a journalist for the past eight years now. Apart from bringing out a bi-monthly magazine, I have also written for a mainstream publication, Sahara Samay for three years now. Yet, when I was arrested, there was not a single word from any mainstream media journalist. It was very disappointing.

What do you think ails journalism today?

Journalists only end up writing the police version of any crime. The accused person’s version is seldom published. Rarely is any attempt made to contact the accused person’s lawyer or family for their statement. This is a very sorry state of affairs. The level of ignorance amongst journalists about laws is appalling. When I finally got bail two months ago, we had arranged for a press conference about black laws. So many journalists did not know about Armed Forces Special Powers Act (AFSPA) or Unlawful Activities Prevention Act(UAPA). I had to explain what AFSPA is all about. However, just as corporate media in India is spreading everywhere, I also see many instances of independent media. There are many small publications which are doing good work. I also see hope in online media. When I was arrested, I remember my brother pointing out to many websites, blogs writing about me and the black laws that exist in our country.

Now that you are out on bail, what how do you plan to continue your fight?
I am very happy going around different parts of the country talking about black laws like sedition and UAPA. I am also working on bringing out my magazine ‘Dastak’ once again. It was stopped when I was in jail. The next edition will come out in January 2013.

I express my solidarity with the people of Koodankulam. 7000 people have been slapped with sedition! Section 124 (sedition) has become a joke. The prevailing atmosphere is such that the state wants to intimidate everyone who wants to critique and challenge government policies of development. If the government thinks that they will frighten people in this way, I can tell you from my experience that they are sorely mistaken. I have become even more rebellious after my arrest and subsequent stay in jail. I am going to continue my fight for what I believe in.

 

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INVITATION- Seema Azad and Vishwavijay – speak in JNU on 3rd September

The singer was singing
And they question him
Why do you sing?
He answers them
as they seize him
Because I sing
And they have searched him:
In his breast only his heart
In his heart only his people
In his voice only his sorrow
In his sorrow only his prison
And they have searched his prison
To find only themselves in chains
Mahmoud Darwish

Friends,
As it is well known Seema Azad and Vishwavijay, two civil rights activists,

editor of a well known magazines and literary persons were arrested in
2010, were arrested from Khuldabad, Allahabad. Their ‘crime’ was that
they possessed literature of Bhagat Singh. The state saw them as ‘potential
terrorists’ as threat to the country. They were sentenced for life on charges
of criminal conspiracy, waging war and under several provisions of the
draconian Unlawful Activities Prevention Act (UAPA).
As the Organising Secretary of People’s Union for Civil Liberties (PUCL) in
Uttar Pradesh and editor of the  magazine Dastak Seema had
consistently reported and gave  voice to the growing dissent of the
people against the anti-people  policies of the government in the
form of Ganga Expressway which  brought forth the nexus of the
politicians, bureaucrats and the  land mafia. As we may recall the
Ganga Expressway can result in  the displacement of thousands of
peasantry. It was her initiative to  expose the increasing arbitrary
arrests, torture and incarceration  of Muslim youth in Azamgarh.

The magazine Dastak became a vehicle for expressing the voice of the
voiceless. And this is precisely what the government would want us to
believe as ‘waging war against the state’! And this is why the police officer
would find fault with both of them, for ‘waging war’ with the state, for
reading Bhagat Singh at a time when the state is flaunting a sham ‘growth
rate’, but the material condition of the people are deteriorating every day!
The verdict against Seema Azad and Vishwa Vijay w against the grain of
fundamental rights of the people of the subcontinent as it goes a long way
in criminally profiling any political dissent or opinion or even spreading
that as ‘waging war’ against the state. The state would tell us how we
should think and express ourselves. We can be only part of the state in
‘managing’ the perception of the people.

Seema and Vishwavijay were finally granted bail by the Allahabad High
Court this August. Huge public pressure that was mounted on the court by
consistent campaign by civil rights and democratic activists finally forced
the court to grant them bail. Although this is indeed a huge victory for the
democratic movement, it is also a grim reminder that even now thousands
of activists including cultural activists are still being incarcerated after
being framed as ‘terrorists’ or ‘extremists’ just because they dare to raise
their voices against exploitation and oppression of the people. Sudhir
Dhawale, Jeetan Marandi, Deepak Dengle or Utpal Bashke are a few
among the thousands who are languishing in various jails of the country,
charged with the ‘crime’ of being fearless cultural and literary activists who
stood by people’s resistance for land, livelihood and dignity. The fight to
release all these political prisoners must go on. As a part of that effort, we
invite you to this convention, where along with Seema and Vishwavijay
many other well known poets and writers will raise their voice against the
war that has been declared on our
fundamental rights by the Indian state.

उठाने ही होंगे  अभिव्यभि केख़तरे दमन के भख़लाफ़ प्रभतरोध की सस्ं कृभत

Uthane hi honge abhivyakti ke khatre: daman ke khilaf pratirodh ki sanskriti”

Speakers:
Seema Azad
Vishwavijay
Anjani
Manager pandey
Pankaj Bisht
Mangalesh Dabral
Madan Kas

Ranjit Verma
Neelabh Ashq
Anuj Lugun
Kapilesh Bhoj
Prashant Rahi
Vidrohi

3rd of September in SSS Auditorium JNU at 2pm.

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Seema Azad, Vishwavijay step out of Allahabad Jail

 

 

By Ajit Sahi8/7/12, Newzfirst

 

ALLAHABAD – Human rights activists and journalists Seema Azad and her husband, Vishwavijay, Tuesday stepped out of Allahabad‘s prison 30 months after they were arrested on February 6, 2010 on charges of being Maoist rebels.

“This was sudden and unexpected,” a beaming Azad told her parents, siblings and friends of the decision of the Allahabad High Court a day earlier to grant them bail.

The duo had been convicted on June 8 of the charges and sentenced to life in prison. But the high court judges, Dharnidhar Jha and Ashokpal Singh, wrote that “no evidence of waging war against state was available”, and granted them bail.

The family had waited for an hour outside the jail in the rain before Azad and Vishwavijay stepped out. She touched the feet of her parents who were both visibly quiet and smiling. As if on cue, the rain had stopped by then.

Azad and Vijay, wife and husband, were given life imprisonment each on June 8 by a sessions court here. The judge had found them guilty of being members of the Communist Party of India (Maoist). The couple denied the charge.

Police here had arrested the duo on February 6, 2010 as Azad returned from New Delhi where she was visiting An international book fair. Her husband, who had gone to fetch her from the railway station, too, was arrested.

They were charged under the Unlawful Activities Prevention Act. The prosecution claimed banned seditious literature had been found on the couple.

 

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Allahabad HC grants bail to Seema Azad, Vishvijay convicted for #sedition #goodnews

, TNN | Aug 6, 2012, 01.45PM IST

LUCKNOW: The Allahabad High Court has granted bail to journalist and civil right activistSeema Azad and her husband Vishvijay. The couple were convicted by a lower court on June 8, 2012, on charges of sedition. They were accused of having links with banned Maoist outfit and were held guilty for ‘waging war against the nation’.

The bail was granted by a division bench comprising Justice Dharnidhar Jha and Justice Akhok Pal Singh. Counsel for the couple Ravi Kiran Jain argued before the court that there was no concrete evidence with the police which can prove that the couple were engaged in naxal activity. He also said that having Naxal literature to study for the purpose of journalist does not amount to any connection with Naxals. Jain also said that Azad and her husband had exposed illegal mining being carried out in Allahabad and adjoining areas by the mafia in connivance with the government officers and police. The couple was implicated in a false case for writing about illegal mining.

Seema Azad’s case is similar to that of Dr Vinayak Sen, who was also implicated by the Chhatisgarh police, for alleged naxal connections. The Uttar Pradesh (UP) chapters of the National Alliance of People’s Movements (NAPM) and the People’s Union for Civil Liberties (PUCL) have welcomed the court’s decision.

“We had full confidence in the judician system,” said Vandana Mishra, secretary PUCL, UP. At the time of arrest Seema was also state secretary of the PUCL and publishing a magazine ‘Dastak’ in which she had written several articles on illegal mining. The couple were also involved in sensitising people on violation of their rights and raised human rights issues.

The Special Task Force (STF) of UP had arrested the couple in February 2010 and had claimed to have recover Maoist literature and large amount of cash from their possession. They were charged with having association with a banned organization, the Communist Party of India(Maoist). After arrest, the STF handed over to the Anti-Terrorism Squad (ATS) of UP making it a case involving ‘terrorist activity’. In its charge sheet submitted in the court, the ATS claimed that the couple were involved in inciting people through CD, laptops and books. The court held the couple guilty and awarded them life term.

After detaining the couple, the police had then said that two activists were arrested at the Allahabad railway station. However, in the FIR lodged later at the Khuldabad police station, police showed that the couple were arrested by the STF from Khuldabad in Allahabad.

The police had then also claimed that it found incriminating material which included a detailed programme of Krantikari Jan Committee, pamphlets carrying message of CPI (Maoist), a pamphlet related to the arrest of Kobad Gandhi, a pamphlet on arrest of Naxal and Maoist functionaries and members in BiharJharkhand, Orissa and Chhattisgarh.

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The Pakistan Supreme Court “has flouted all canons of Constitutional Jurisprudence”

Posted on June 21, 2012 by beenasarwar

Justice Katju: “The Prime Minister holds office as long he has the confidence of Parliament, not confidence of the Supreme Court.”

Justice Markandey Katju, former Justice, Supreme Court of India and presently Chairman, Press Council of India just sent an article about the recent order of the Pakistan Supreme Court declaring that Mr. Gilani is not the Prime Minister. Justice Katju writes, “In my opinion the Pakistan Supreme Court has gone totally overboard, flouted all canons of Constitutional Jurisprudence, and is only playing to the galleries and not exercising judicial restraint. It is thereby upsetting the delicate balance of power in the Constitutional scheme.”

In his article, Justice Katju explains the concept of immunity and stresses the need for balance between the organs of the state. He writes that it may be published freely in any newspaper:

By Markandey Katju

When I was a student of law in the Allahabad University I had read of the British Constitutional principle ‘The King can do no wrong”. At that time I did not understand the significance of this principle and what it really meant. It was much later, when I was in law practice in the Allahabad High Court that I understood its real significance.

The British were experienced and able administrators. They realized from their own long, historical experience that while everybody should be legally liable for his wrongs and made to face Court proceedings for the same, the person at the apex of the whole Constitutional system must be given total immunity from criminal proceedings, otherwise the system could not function. Hence the King of England must be given total immunity from criminal proceedings. Even if he commits murder, dacoity, theft, or some other crime the King cannot be dragged to Court and made to face a trial.

One may ask, why should the King be given this immunity when others are not? The answer is that in the practical world one does not deal with absolutes. The British were one of the most far sighted administrators the world has known. They realized that if the King is made to stand on the witness box or sent to jail, the system could not function. A stage is reached at the highest level of the system where total immunity to the person at the top has to be granted. This is the only practical view.

Following this principle in British Constitutional Law, almost every Constitution in the world has incorporated a provision giving total immunity to Presidents and Governors from criminal prosecution.

Thus, Section 248(2) of the Pakistan Constitution states: ”No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office”.

The language of the above provision is clear, and it is a settled principle of interpretation that when the language of a provision is clear the Court should not twist or amend its language in the garb of interpretation, but read it as it is.

I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistan President.

Moreover, how can the Court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not confidence of the Supreme Court. (emphasis added)

I regret to say that the Pakistan Supreme Court, particularly its Chief Justice, has been showing utter lack of the restraint which is expected of the superior Courts. In fact the Court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard an flouted all canons of Constitutional Jurisprudence.

The Constitution establishes a delicate balance of power, and each of the three organs of the State, the Legislature, the Executive and the Judiciary must respect each other, and not encroach into each other’s domain, otherwise the system cannot function. It seems to me that the Pakistan Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the Pakistan Supreme Court, particularly its Chief Justice.

Justice Markandey Katju
Former Judge, Supreme Court of India
Presently Chairman, Press Council of India

Read orginal Post here

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When High Court Judges usurp land meant for the homeless, where do the homeless seek justice?

Faiza Khan, Khar East Andolan

Posted on May 6, 2012

When you ask about the court cases in Golibar now, the residents will wrly reply with the famous Hindi film dailogue. “Tareek pe tareek! Tareek pe tareek! “. The hearing on this Monday, the 7th of May, will be 20 months since the Golibar criminal case has been in the Mumbai High Court. In 2009, builder Shivalik Ventures had faked signatures of residents of Ganesh Krupa Society (GKS) in Golibar to claim the 70% consent it needed to redevelop the Golibar slum. On that list of signatories was Sulochana Pawar who had died four years before she allegedly gave her consent. Going by the rules of the SRA, this should have, at the very least, led to the ouster of Shivalik Ventures from this redevelopment project.

Instead, the then Slum Rehabilitation Authority(SRA) chief, Mr. S. Zende (remember this name, it’ll come up again later!) asks the residents of GKS to settle for a compromise. The police had been even more nonchalant and refused to investigate the case until the Court directed them to do so. Once on it, they were so baffled by this seemingly obvious case of fraud that for 20 months, they’ve been seeking extension after extension to complete their investigation. The Court has been very obliging. Meanwhile MHADA’s demolition squads, with police protection continue to break people’s homes.

So the government is clearly not on their side, specially after it backtracked on the GRs last year. The police never was. Their only hope of any justice was in the Courts. Until the Nyay Sagar scam came to light.

Akankhsha tai and other women from Ganesh Krupa are huddled around a copy of Janta ka Aaina, a community newspaper. They burst into cackling laughter. “Yeh toh apna Chandrachud hai!“(This is our Chandrachud!). Apna Chandrachud is Justice Chandrachud of the Mumbai High Court who has been hearing the matter of the Golibar GR case in the High Court. Now he’s on the frontpage, accused in a major land scam, along with Justice Khanvilkar who is hearing the Golibar criminal case (of the forged signatures). There are 13 other Judges and ex-Judges accused.
Nyay Sagar and Siddhant are two multi-storeyed buildings built on a plot of government land that was reserved for the homeless. The judges of the High Court led by then Justice Rebello (now Chief Justice of the Allahabad High Court) formed Nyay Sagar Co-operative Housing Society in 2001 and in collusion with Vilasrao Deshmukh  de-reserved all but 10% of this land and appropriated it for themselves. This change in the Development Plan of this plot, Survey No 341 (Part) CTS No 629 from being reserved for the homless to Residential was facilitated by some very senior bureaucrats, including Mr. Zende (the SRA chief who asked residents of GKS to settle for a compromise). What is shocking though is that the land was handed over to Nyay Sagar CHS much before it was de-reserved.

View Larger Map

Even the de-reserving was a sham. Once it is decided that the reservation of a piece of land is to be changed, there is a notification which is open to the public for 30 days in case they have objections. This notification was made public on 16.6.2004 but just six days later, on 22.6.2004 ,the status of the land was modified. The Ghar Bachao Ghar Banao Andolan has filed a complaint with the Anti Corruption Bureau asking them to file an FIR.

Akanksha tai laughs when she reads the buildings are called Nyay Sagar (meaning Ocean of Justice) and Siddhanth (Principles). But then she asks soberly, “Now where are we to seek justice?”

THE WALL OF SHAME

THE ACCUSED IN THE CASE
1. Shri Vilas Rao Deshmukh, the then Chief Minister,
2. Shri Sangeetrao, the then Collector Mumbai Suburb,
3. Shri SS Zende, the then later Collector Mumbai Suburb,
4. Shri RC Joshi, Principal Secretary, Department of Revenue,
5. Shri Ramanand Tiwari, the then P. Secretary UDD,
6. Other Unknown Govt. Official/s.
7. Justice V C Daga,
8. Justice A M Khanwilkar,
9. Justice B R Gavai,
10. Justice S M Ghodeshwar,
11. Justice S Radhakrishnan,
12. Justice S A Bobde,
13. Justice P V Kakade,
14. Justice R Lodha,
15. Justice G D Patil,
16. Justice F I Rebello,
17. Justice D K Deshmukh,
18. Justice D B Bhosale,
19. Justice D G Karnik,
20. Justice J P Devdhar,
21. Justice DY Chandrachud


A letter from Justice Rebello to ex-CM Vilasrao Deshmukh misusing his official letterhead for a non-official matter
More documents will be made public soon.

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