ACKNOWLEDGEMENT IN REGARD TO OPEN LETTER ADDRESSED TO to Hon’ble Chief Justice of India and puisne Judges of Supreme Court of India on the act or conduct and/or omission or commission at Rajghat in the name of Satyagrah on 5/6 June 2011

Yogesh Kumar Sharma
Advocate & Counselor-at-law

3/65 Dholabhatta Colony,

Ajmer-305008 Rajasthan

Mobile : 9636014289

e-mail : advocateyksharma@yahoo.co.in

                                

To

Shri Mohammad Hamid Ansari                                                                                       

Vice-President's House,
6, Maulana Azad Road ,
New Delhi - 110 011
Telephone - 011-23016422, 23016344
E-mail: vpindia@nic.in

                        

The Ministry of law and justice

Shastri Bhawan

NEW DELHI

vmoily@kar.nic.in; brahmavtar@nic.in; capio-la@nic.in; cpio-la@nic.in; vnathan@nic.in; nlm.ld@nic.in;  pk.malhotra@nic.in; vkb@nic.in

REF: My open letter dated 06 June 2011 (enclosed as an Attachment-1) addressed to Hon'ble Chief Justice of India and puisne Judges of Supreme Court of India on the act or conduct and/or omission or commission at Rajghat in the name of Satyagrah on 5/6 June 2011

                                                                   

1.   I extend my earnest thankfulness to all those who had acknowledged and responded to a cause – which is close to my heart as an Indian national that has nothing to do with the present political matrix especially in reference to issue under question.

2.   I would like to specially mention and acknowledge the precious gesture of the Office of Vice President of India who graciously took the cognizance of the issue and responded by referring the matter to Ministry of Law & Justice, Government of India (enclosed as an Attachment-2).

3.   I wish that 'We the people" prove the following (Opening paraphrase of Nani A Palkhivala- a byword in India 's legal world- classical felicitous and lucid narrative: We, The People) a misconception:

TO MY COUNTRYMEN

                Who gave unto themselves the Constitution

But not the ability to keep it,

Who inherited a resplendent heritage

But not the wisdom to cherish it

Who suffer and endure in patience

Without the perception of their potential

4.   Please find here-in, as an attachment, my reminder-cum-open letter dated 23 June 2011 addressed to Hon'ble Chief Justice of India and puisne Judges of Supreme Court of India - for their kind consideration and cognizance. (Enclosed as an Attachment-3).

5.   Frankly I confess, what initially sounded simple to me has infact exceeded my expectations, bristles with profound issues of deep import one of which is the citizen's legal standing vis-à-vis illegal/unlawful/obnoxious handling of National Memorial & Father of Nation - a jurisprudential area of critical importance but of precedential barrenness and, therefore, it is all the more demanding in today's scenario and justice imperatives of Law of India.

6.   Even the literal and the purposive approaches may sometimes concur, once we grasp the social dynamics of interpretation, which will serve the cause of truth and justice. I am reminded of Lord Denning's fascinating reference in his "The Discipline of the Law" to Portia's plea for the pound of flesh but not a drop of blood.

7.   The traditional view is yielding to the pressure of the modern view expressed by Lord Denning in delightful diction as (Foreword by Denning M.R. to Supreme Court of India by Rajeev Dhavan) - the 'Schematic and Teleological' method of interpretation.

8.   It is not really so alarming as it sounds. All it means is that the judges do not go by the literal meaning of the words or by the grammatical structure of the sentence. They go by the design of purpose which lies behind it. When they come upon a situation which is to their minds within the spirit-but not the letter-of the legislation, they solve the problem by looking at the design and purpose of the legislature-at the effect which it was sought to achieve. They then interpret the legislation so as to produce the unashamedly, without hesitation. They ask simply: What is the sensible way of dealing with this situation so as to give effect to the presumed purpose of the legislation? They lay down the law accordingly. If you study the decisions of the European Court , you will see that they do it every day. To our eyes-shortsighted by tradition - it is legislation, pure and simple. But, to their eyes, it is fulfilling the true role of the courts.

9.   Further, I believe, rather I reaffirm that restoring the pride and honour of National memorial, Father of Nation and an unmatchable concept of Satyagrah will be on the cards of both Judiciary and Legislature and in very near future they will take cognizance of the issue under question.

10.     Infact it has become an urgent imperative of today's revolution. A fast changing society cannot operate with unchanging law and preconceived judicial attitude, I humbly opine.

11.     I am trying to augment a cause but at the same time sincerely and earnestly solicit suggestion, recommendation, and comments on the issue. Please feel to correct me if you feel I had erred.

With kind and warm regards

Yours sincerely

Yogesh Kumar Sharma

03^rd July 2011

Attachment-as mentioned

Copy to:

·        Hon'ble Supreme Court of India, Tilak Marg, New Delhi-110 001 ( India );e-mail at : supremecourt@nic.in

·        Public Conscious citizenry