To
Hon’ble Chief Justice of India and puisne Judges Supreme Court of India,
Tilak Marg,
New Delhi-110 001 (India
e-mail at : supremecourt@nic.in
Tilak Marg,
New Delhi-110 001 (
e-mail at : supremecourt@nic.in
Hon’ble Mr. Justice S.H. Kapadia and puisne judges
MAY IT PLEASE YOUR LORDSHIPS,
I, Yogesh Kumar Sharma, age 61 years, do hereby solemnly affirm and state as under that:
1) This is in reference to my open letter-cum-petition dated 06 June 11 with the Head note: “PRESENT OPEN EPISTLE IS DRAWN & DRAFTED AS A MEMBER OF THE PUBLIC – ‘WE-THE PEOPLE’ - HAVING SUFFICIENT INTEREST TO MAINTAIN AN ACTION FOR JUDICIAL REDRESS FOR PUBLIC INJURY ARISING FROM BREACH OF PUBLIC DUTY OF RAJGHAT COMMITTEE AND/OR DELHI GOVERNMENT AND/OR FROM VIOLATION OF PROVISION OF THE CONSTITUTION OR THE LAW AT RAJGHAT BY MEMBER OF PARLIAMENT AND OTHER/S AND SEEK ENFORCEMENT OF SUCH PUBLIC DUTY AND OBSERVANCE OF SUCH CONSTITUTIONAL OR LEGAL PROVISION. THIS IS ABSOLUTELY ESSENTIAL FOR MAINTAINING THE RULE OF LAW, FURTHERING THE CAUSE OF JUSTICE AND ACCELERATING THE PACE OF REALISATION OF THE CONSTITUTIONAL OBJECTIVE "LAW", AS POINTED OUT BY JUSTICE KRISHNA IYER IN FERTILIZER CORPORATION KAMGAR UNION V. UNION OF INDIA AIR 1981 SC 344 "IS A SOCIAL AUDITOR AND THIS AUDIT FUNCTION CAN BE PUT INTO ACTION WHEN SOME ONE WITH REAL PUBLIC INTEREST IGNITES THE JURISDICTION. A FEAR IS SOMETIMES EXPRESSED THAT IF WE KEEP THE DOOR WIDE OPEN FOR ANY MEMBER OF THE PUBLIC TO ENTER THE PORTALS OF THE COURT TO ENFORCE PUBLIC DUTY OR TO VINDICATE PUBLIC INTEREST, THE COURT WILL BE FLOODED WITH LITIGATION. BUT THIS FEAR IS TOTALLY UNFOUNDED AND THE ARGUMENT BASED UPON IT IS ANSWERED COMPLETELY BY THE AUSTRALIAN LAW REFORMS COMMISSION IN THE FOLLOWING WORDS: THE IDLE AND WHIMSICAL PLAINTIFF, A DILETTANTE WHO LITIGATES FOR A LARK, IS A SPECTER WHICH HAUNTS THE LEGAL LITERATURE, NOT THE COURT ROOM (PROF. K.E. SCOTT "STANDING IN THE SUPREME COURT: A FUNCTIONAL ANALYSIS" (1973) 86)”.
2) Hon’ble Sir, ab initio, I find it appropriate to state/clarify regarding my above referred open-letter-cum-petition dated 06 June 11 that:
(a) My referred letter cum petition (06 June 11) was an open letter as it was not a traditional adversarial litigation between two conflicting or contending parties. Therefore, in that case, neither the State or Centre governance as such (properly and appropriately) nor any of its aforesaid functionaries had been impleaded as party-respondents. And further, in order to be fair to all of them, and to strictly observe the principles of natural justice, I, therefore considered it appropriate that, through electronic mail, I must communicate my aforesaid observations to all the aforesaid functionaries so that if they or any one of them want to deal with these issues in any manner, they may communicate their respective response. I adopted this unusual course of action only because I want to ensure that no prejudice is caused to any person or may tend to act prejudicially to the interests of any person without affording opportunity of hearing to such a person.
(b) Further, being an Advocate, I am fully aware of the fact that I am expected to judicially move the court. But .....
(c) To further aggravate ....
(d) But such a deplorable condition of an old-age professional, in any way, does not vitiate his Right to live with dignity.
(c) To further aggravate ....
(d) But such a deplorable condition of an old-age professional, in any way, does not vitiate his Right to live with dignity.
(e) Dignity as observed by L'Heureux-Dube, J is a difficult concept to capture in precise terms [Egan v. Canada Canada
(f) The right to life including the right to live with human dignity would mean the existence of such a right upto the end of natural life. Hon’ble Sirs, I may be an old professional, may be with some stark infirmities but I am still “Living” and on the principle of “Sanctity of Life” still eligible to ‘Live with dignity’ and also to appeal and account my Head of Country’s Judiciary to intervene by ‘writing an open letter in the form of a petition’ against an act which is precisely annihilating. A sense of confidence in the courts is essential to maintain the fabric of order, liberty for free people and it is for the judiciary by its action and the Supreme Court by appropriate control to ensure it
(g) I believe there shall be no interference by a public authority in enjoining the Right to life except such as is in accordance with law and what is necessary in a democratic society in the interests of national security, public safety or the economic well- being of the country, for the protection of health or morals or for the protection of the rights and freedoms of others. But the cause of action agitated by me in my referred open letter-cum-petition (06 June 11) encompassing the unwarranted, undignified and shallow exhibitionism by leader of opposition party of Lok Sabha at National memorial and cremation site of Father of Nation was neither necessary nor intended to secure interests of national security, public safety or the economic well- being of the country, for the protection of health or morals or for the protection of the rights and freedoms of others. Even well-wishers of the same party are outraged by the culture of flippancy that was so evident in Rajghat. Some politicians, rather in today’s era many, showed no sense of occasion.
(h) Apex Court is expected to treat my referred open-letter-cum-petition dated 06 June 11 as a petition which was preferred as an unconventional writ – even to believe- on account of private dispute arising between the parties –i.e. my hurt feeling and sentiments due to misuse of Rajghat, way of Satyagrah, Samadhi sthal of Father of Nation by the Leader of main opposition party of Lok Sabha - still it was “worth cognizance by Hon’ble Apex Court” keeping in view the allegations on record and its public importance, and also in view of law settled by Apex Court in the cases in Guruvayoor Devaswam Managing Committee and Anr. v. C.K. Rajan and Ors. ; Suo Moto Action v. I.C.I.C.I. and Ors. 2006 (4) ADJ 106 ; General Manager, Kishan Sahkari Chini Mills Ltd. Sultanpur, U.P. v. Shartughna Nishad ; Ashok Lanka and Anr. v. Rishi Dixit and Ors.
(i) My expectation as a public conscious citizenry - activated by nationalist and patriotic sentiments - while drafting my referred open-letter-cum-petition dated 06 June 11 was bonafide and without any oblique motive as I do not belong to, or have membership of any political party, or any communal organization. When I emphasize that I do not lay the flattering unction to my soul that I am better patriots if I protest against misuse of “our place” i.e. National memorial (Rajghat); For “Our father of Nation” i.e Mahatma Gandhi or “our Soul Force or truth force" i.e. “Satyagrah”; and that those who had made a political gimmick are people with ‘not enough National’ spirit or patriotism’ but yes certainly there is a major chunk of common masses “We-the people” who are frustrated, distress and annihilated by ‘such political melodramatics’ but do not know what recourse shall “We” adopt.
(j) My apprehension and agony was further aggravated – because of seems to be inaction of Apex Court – whereby other politicians –guided by their own ulterior motive again drag the sanctity of Rajghat and Mahatma in controversy by issuing remarks "Shamshan mein dance nahin karte"/”bhoot dance at rajghat shamshan;.
3) It is with this great disappointment that I, the aggrieved person, including (perhaps) many, have to remind your goodself in reference to subject agitated above and in this reminder to my last open letter dated 06 June 2011. Infact I am not angry but certainly cynical and confused – a combination of emotions appropriate both too my age and physical infirmity. I believe it was Shakespeare who wrote a conscience was a luxury that made cowards of us all. But I believe he was wrong, it makes us victim: LOSERS.
4) Be driven by Elie Wiesel quote: “There may be times when we are powerless to prevent injustice, but there must never be a time, when we fail to protest”. I think, even for seems to be injustice; it stands true. And with the concept that Law is too the embodiment of the moral sentiments of the people. This is how I chose to write the present open letter as reminder to Head of Nation judiciary.
5) Before I began to state something, I want your goodself to know that in the last few days – actually, in all the time that I have known you – I have felt something inside me coming back. It’s a faith of some sort. May be a belief in something. I do not know. But I do know, it was a start, when the Hon’ble Supreme Court took cognizance of events of Ramleela ground suo motto, an action of something good, on publication of those events by electronic media extensively.
6) As my referred open letter-cum-petition which too was based on the publication of same electronic media, was not treated as a petition, but as a letter. Which gives me an another opportunity to address you again. Though an overwhelming sense of isolation came over me. I felt the flickering on set of something I had only read about before – the fight – or – flight syndrome.
7) I think if the referred open-letter-cum-petition of mine was not able to ignite the sense of Hon’ble Supreme Court’s discretion power, to act upon it too, and take cognizance suo motto; it felt letting loose a fallen bird that Supreme Court had decided to be nursed back to health.
8) I urge your goodself, You have to help, If you don’t, then all of this-everything Supreme Court did for Ramleela ground episode means nothing. If you can’t protect the sanctity of the Samadhi of the Father of Nation, Mahatama Gandhi, the integrity of the system, your goodself work in, then you have no system.
9) With all reverence in my command, I would like to put in your kind attention that accountability is a sacred concept in democracy and cannot be allowed to be destroyed by buccaneers and adventure of some of the politician just for the sake of their insatiable appetite for publicity. Further accountability has both Constitution and moral content. So, if the Hon’ble Supreme Court of India thinks that there is no need to take cognizance on the Rajghat’s episode – inferred violation of the sanctity of Samadhi of Father of Nation. In that case it will look that Supreme Court is acting like a lazy parent who found it easier to acquiesce to the whims of spoiled child (politicians) than to stand firm and teach values.
10) Hon’ble Sir, I do not want to be argumentative but perhaps Hon’ble Supreme Court of India in its one observation said: “the higher the authority the higher is the level of sensitivity and responsibility expected from it and to seek shelter (to not to admit a petition) between the hyper technicality of practice and procedure of the Court is to let down the duty forever which would lower the morale of Society”. Further, ugly and disgraceful events at Rajghat were incidental to the main event of Ramleela ground. Both incidents are equally unlawful, if not illegal. As both incidents were intrinsically connected with one another and thus cannot be separated for unequal and different treatments. So, if therefore, the incident of Ramleela ground were being merited for cognizance, another one of Rajghat too is fortiori cognizable being precipitating event of former event. Otherwise it would look like a result of privatization of justice.
11) At the risk of repeating me, Hon’ble Sir, the Truth is TRUTH. I will not presume to colour Supreme Court’s interpretation of discretion power vis-à-vis these facts in anyway. I am just trying to humbly submit before you the data at face value. The Supreme Court is our protector but on occasion we have to strain to comprehend: Why it keep looking the other way by not taking the cognizance in the same way as for one of the episode equivalent to other? It left us to infer, one has to watch helplessly because the Supreme Court could not be persuaded to do what seems clearly within its power – what seems to be manifestly mandated by laws. It further made me to ask a simple question – Whether all of us are equal before the Law or some are clearly above the law (or some politicians are a class apart).
12) It is needless to further emphasis that the exercise to take cognizance either suo motto, or by attracting court’s attention, has to be performed objectively, fairly and mindful of facts that the Majesty of Law has to be upheld and rule of law preserved which does not discriminate between individual on the basis of their stature, position or power. I think the law treating everyone as equal before it, and this has to be keep in view constantly in every state of action (may be judiciary as well) to avoid violation of the rights to equality guaranteed in Article 14 of the Constitution of India. Then why an unequal treatment for the incident of same gravity?
13) Aristotle's constitutional theory is based on his theory of justice, which is expounded in Nicomachean Ethics book V. Aristotle distinguishes two different but related senses of “justice” — universal and particular — both of which play an important role in his constitutional theory. Firstly, in the universal sense “justice” means “lawfuless” and is concerned with the common advantage and happiness of the political community (NE V.1.1129b11–19, cf. Pol. III.12.1282b16–17). The conception of universal justice undergirds the distinction between correct (just) and deviant (unjust) constitutions. But what exactly the “common advantage” (koinion sumpheron) entails is a matter of scholarly controversy. .. Secondly, in the particular sense “justice” means “equality” or “fairness”, .. Everyone agrees, he says, that justice involves treating equal persons equally, and treating unequal persons unequally, but they do not agree on the standard by which individuals are deemed to be equally (or unequally) meritorious or deserving. He assumes his own analysis of distributive justice set forth in Nicomachean Ethics V.3: Justice requires that benefits be distributed to individuals in proportion to their merit or desert. The oligarchs mistakenly think that those who are superior in wealth should also have superior political rights, whereas the democrats hold that those who are equal in free birth should also have equal political rights. Both of these conceptions of political justice are mistaken in Aristotle's view, because they assume a false conception of the ultimate end of the city-state. The city-state is neither a business enterprise to maximize wealth (as the oligarchs suppose) nor an association to promote liberty and equality (as the democrats maintain). Instead, Aristotle argues, “the good life is the end of the city-state,” that is, a life consisting of noble actions (1280b39–1281a4). Hence, the correct conception of justice is aristocratic, assigning political rights to those who make a full contribution to the political community, that is, to those with virtue as well as property and freedom (1281a4–8). This is what Aristotle understands by an “aristocratic” constitution: literally, the rule of the aristoi, i.e., best persons. Aristotle explores the implications of this argument in the remainder of Politics III, considering the rival claims of the rule of law and the rule of a supremely virtuous individual. Here absolute kingship is a limiting case of aristocracy. Again, in books VII-VIII, Aristotle describes the ideal constitution in which the citizens are fully virtuous.
14) Apart from this, Justice Field had aptly said in US case (1877) that “How the right to life means not just a right to animal existence but to life of dignity and fulfillment. So what type of nationals “We-the people” are; or the government, political parties and the judiciary – who are not capable to protect the dignity of that monument ‘where’ the Father of the Nation rests in peace eternally” or the dignity of “satyagrah” movement for which he laid down his life? The issue is of national pride and ethical too. Does We-the people are so helpless that the idiosyncrasies of the leader of opposition in Loksabha can be allowed to violate late Father of Nation’s right to ‘live eternally with dignity”, by not keeping the sanctity of the Samadhi intact. Death & after the death honouring and paying our reverence to it is, perhaps in true sense, one of the most secular tradition. Because in every faith of religion it exist.
15) The post of the leader of opposition is an institution per se and upholding the prestige and dignity of the institution is the moral and constitutional duty of opposition, and if he/she fails to do so, in that case, no great harm would have been done than breaking of covenant of trust between main opposition party and the people and the country or the world.
16) Moreover, whatever the little knowledge I possess, I submit accordingly:
(a) "Satyagraha" is a portmanteau of the Sanskrit words satya (meaning "truth") and Agraha ("insistence", or "holding firmly to"). For Gandhi, satyagraha went far beyond mere "passive resistance" and became strength in practicing non-violent methods. In his words: Truth (satya) implies love, and firmness (agraha) engenders and therefore serves as a synonym for force. I thus began to call the Indian movement Satyagraha, that is to say, the Force which is born of Truth and Love or non-violence, and gave up the use of the phrase “passive resistance”, in connection with it, so much so that even in English writing we often avoided it and used instead the word “satyagraha” itself or some other equivalent English phrase. [M.K. Gandhi, Satyagraha in South Africa
(b) Further the meaning of “Dance” is ‘an art by which the dancer with his/her action ‘MUDRAS’ – makes viewer to understand what dancer wishes to convey.
17) From this perspective, the leader of opposition didn’t made an impression –on that fateful day at Rajghat - that she was dancing that too in midnight before the Samadhi of Mahatma Gandhi, with patriotic spirit (as she was clarifying on the screen) “Insisting for truth” (Satyagrah). Though I acknowledge the other view point on that dance performance but I almost could not believe those words as they left her mouth clearly depicted ignorance with arrogance. Perhaps never ever an opposition leader in Democracy of any nation came up with a bizarre explanation to rub salt onto wounds. George Orwell would have been impressed with this imaginative use of explanation of that Dance. There was a programme on NDTV 24x7 ‘Gustakhi Maaf’, in this referred episode the caricature/the cartoon reminds the viewer of the adage that the greatest truth is spoken in jest. And that is what most of the people thinks about that episode
18) Further, Hon’ble Sir irrespective of the fact that one belongs to whatever religion, even an illiterate person if he even passes through a place where someone is sleeping he immediately keep mum lest the sleep of that person disturbed. In the same manner if a last journey of a deceased person is passing from any place, every person stands up and in their own whatsoever gesture pay homage, even if the deceased is unknown. I submit before Your Honour two view points:
(a) RAJ GHAT AS SAMADHI STHAL: Samadhi – as per Hinduism/Buddhism is the highest stage in meditation, in which a person experiences oneness with the universe. It is a state of deep concentration in the object of meditation, a state of being totally aware of the present moment; one-pointedness of mind. Last step in Yog characterized by over half an hour of null-mind-meditation accompanied by at least 25% fall in pulse rate and 2 F in temperature. Pulse rate may become 0 and body temperature close to that of atmosphere in prolonged samadhies. The stage looks somewhat akin to the hibernation among animals during winter. And Samadhi-sthal is a monument at a place where a Yogi has willfully departed from his body.
(b) RAJ GHAT AS SAMADHI STHAL: Raj Ghat, the cremation site of Mahatma Gandhi. The Indian religions, such as Hinduism, Jainism, Sikhism and Buddhism, mandate cremation. In these religions, the body is seen as an instrument to carry the soul. As an example, the Bhagavad Gita. According to Hindu philosophy the human body is a combination of five basic natural elements; namely agni (fire), jala (water), vayu (air), prithvi (earth) and akasha (space/ether). When one dies, fire (agni tattva) ceases, and that living form is sent to its original state of creation. Fire (in the form of cremation) is used to complete the fifth element. According to Hindu traditions, the reasons for preferring to destroy the corpse by fire, over burying it into ground, is to induce a feeling of detachment into the freshly disembodied spirit, which will be helpful to encourage it into passing to "the other world" (the ultimate destination of the dead). {Satguru Sivaya Subramuniyaswami (2001). Living With Siva: Hinduism's Contemporary Culture. Himalayan Academy Yamuna River
19) So in both view point – either as Cremation site or a monument at a place where a Yogi has willfully departed from his body –Raj Ghat brings alive the presence of divine potency to our existence, one that we would love to strive towards but simply lack the drive, courage and enthusiasm to do so. The original meaning of Samadhi, was not just a burial place of great beings, but a sacred and pure spot that continues to house their mortal remains "mummified" in holy sacred ash within a chamber, purified with worship, sacred mantra and ingredients of worship of centuries long gone. The belief then was that they could return to this mortal body if they chose to come back to our world. The human body buried deep was symbolized more as a vehicle that would house the returning Aatma if it so willed. The purity of sadhana, the evolved sense of living, the divine grace constantly surrounding them, the Samadhi have since grown into places of not just worship but of a silent serene ambiance where herbal purity is felt at its best. There is silence within, there is tranquility, and the mind remains blank without thoughts trespassing and rests on the idea of this symbolism in this beautiful place. A body that is preserved in sacred ash, seated in meditation, lost in eternal bliss. This is the definition of the ultimate form of preservation, of sustenance as the world churns around him.
20) Hon’ble Sir me and my charming wife have been a regular visitor to Rajghat and the silence in the mind begins to submerge into this great realm of calm and tranquility, of peace and harmony, of clarity and depth of that place. Over there me and my wife always feel “Let the waters of life role over us, let the stones fade, let the tree of life take deep root and release us from this misery of living this haphazard meaningless life. We merge with this tree, our soul departs, what remains is a stony presence whose fading memories get washed away by the flowing waters of time.”
21) In such conditions Hon’ble Judges of Apex Court need to answer - How the transgression of Samadhi can be justified by that indecent, disgraceful dance of leader of main opposition party in Loksabha in the midnight by dancing and clapping as if cheering before a marriage procession. Adults induce members of their societies to conform to moral norms by indoctrinating them and by administering sanctions such as ostracism, fines, and incarceration but here is altogether an ironical exhibition. Reaping the benefits of sociality and cooperation gives rise to an inevitable dilemma, which the philosopher John Rawls (1971) describes well in the opening pages of his book, Theory of Justice: “Although a society is a cooperative venture for mutual advantage, it is typically marked by a conflict as well as by an identity of interests. There is an identity of interests since social cooperation makes possible a better life for all than any would have if each were to live solely by his own efforts. There is a conflict of interests since persons are not indifferent as to how the greater benefits of their collaboration are distributed, for in order to pursue their ends, each prefers a larger to a lesser share.”
22) And, moreover, as proclaimed by the leader of opposition party that it was a ‘Satyagrah” in support of so-called excesses by the police in eviction of Shri Ramdev & Ors from Ramleela ground; but neither her style of dance exhibit that “she was insisting for truth” nor she could explain what were so impulsive and compulsive for her at such a peaceful and sacrosanct place that she could not resist to exhibit her exhilarating spirit of rejoice by dancing. Abraham Lincoln aptly remarked: “You may fool all the people some of the time, you can even fool some of the people all of the time, but you cannot fool all of the people all the time.” Further a spate of evidence supports the idea that we humans inherit mechanisms designed to manage the impressions we make on those in positions to affect our welfare (Jones,1990; Leary, 1995). We are all actors at heart, as Goffman (1958) so eloquently described in his classic, Presentation of Self in Everyday Life. Fortunately, however, there are constraints on the evolution of impression-management strategies. First, it is difficult, or impossible, to act in socially responsible ways without behaving in socially responsible ways, in public, at least. Second, false impressions constitute adaptive problems for the recipients they are designed to manipulate. Inasmuch as being fooled is maladaptive, mechanisms designed to resist being fooled should evolve. Thus, we would expect a sort of arms race in which actors acquire mechanisms that induce them to present themselves as more moral.
23) Above all even courts have long recognized, “The dead are to rest where they have been laid unless reason of substance is brought forward for disturbing their repose”. Further the Law also clearly influenced by the state’s long-standing public policy that, "The quiet of the grave, the repose of the dead, are not lightly to be disturbed." The law worldwide throws around the bodies of deceased human beings a protection even in their graves. Even as per Christianity the right of Christian sepulture includes the right to have one’s remains respected in his or her last resting place.
24) Hence the silence and solemnity of Rajghat was severely breached – for which I had preferred a writ jurisdiction of
Apex Courtin an unconventional manner for reason already cited.
Apex Courtin an unconventional manner for reason already cited.
25) The facts and circumstances must be read in totality of my two open letter-cum-petition i.e. the present and the last dated 06 June 11. For your ready reference I am again enclosing the above-referred open-letter-cum-petition dated 06 June 11 for kind perusal of Hon’ble Sir.
26) Further, I emphasize that after the development of the innovative strategy of public interest litigation by the
Apex Courtand the High Courts, an attempt has been made to remove any possible hindrance that can obstruct the process of reaching justice to the poor masses inIndia
Apex Courtand the High Courts, an attempt has been made to remove any possible hindrance that can obstruct the process of reaching justice to the poor masses in
27) Procedural objections as regards to treating letters etc. as writ petitions were raised and the Supreme Court in S. P. Gupta v. Union of India, held as follows: "It must not be forgotten that procedure is but a hand maiden of justice and cause of justice can never be allowed to be thwarted by any procedural technicalities. This Court, would, therefore, unhesitantly and without any qualm of conscience cast aside the technical rules of procedure in the exercise of a dispensing power and treat the letter of public minded individual as writ petition and act upon it".
28) I also want to drag the kind attention of Hon’ble Sir that it was the Supreme Court Chief Justice Hon’ble Sujata V Manohar who had earnestly acted upon a letter in form of an appeal – again an unconventional approach- addressed to the Chief Justice of India by Tushar Arun Gandhi against State to procure an urn containing ashes of Father of Nation.
29) According to Mahatma Gandhi, civilization does not mean only to achieve something for bodily comfort. Instead of bodily comfort civilization co-relate to generate the sense of duty in the coming generation. It co-relate with the good conduct of a person and sense of duty towards nations and society. In the words of Mahatma Gandhi, to quote: “Civilization is that mode of conduct which points out to man the path of duty. Performance of duty and observance of morality are convertible terms. To observe morality is to attain mastery over our mind and out passions. So doing, we know ourselves. The Gujarati equivalent for civilization means "good conduct", [page 125, Selected Works Of Mahatma Gandhi Vol. (III) The Basic Works]”
30) The movement of society at large to right way decides the fate of nation. In view of above, the purpose of political institution is to produce coming generations who feel their sense of responsibilities to serve not only their families but the society and nation at large. The political leader should function in such atmosphere so that coming generation while opening their eyes in society does not feel the pulse of hatred and ill-treatment. Member of Parliament must impart education in such a manner so that young citizenry may over come their ill thoughts and be full of knowledge as well as love and affection for the fellow citizens.
31) Finally to conclude, I wish to quote what Oliver Wendell Holmes once said, to quote: “The life of the law has not been logic; it has been experience.... The law embodies the story of a nation's development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics." [A Dictionary of Legal Quotations by Simon James and Chantal Stebbings]”
32) The day to day experience of problems and suffering in a society creates new field for the judiciary as well as Government to lay down or legislate laws to meet the needs of the society. That is why it has consistently been held that Constitution is a living organism and it should be interpreted afresh to meet the needs of society and to achieve the "Nehru's tryst with destiny". It is the duty of State and
Apex Courtto preserve and protect the fundamental rights of the citizen within its territory. The action of the political parties or political leaders which affects the fundamental rights of the citizen or in case citizens or their monument are exploited for any reason whatsoever the Apex Court should not be moot spectator. The test to decide is as to whether an act amount to immoral is as to what a man of common prudence shall think over the act of an institution in question.
Apex Courtto preserve and protect the fundamental rights of the citizen within its territory. The action of the political parties or political leaders which affects the fundamental rights of the citizen or in case citizens or their monument are exploited for any reason whatsoever the Apex Court should not be moot spectator. The test to decide is as to whether an act amount to immoral is as to what a man of common prudence shall think over the act of an institution in question.
33) I make myself duty bound to appear before Your Lordship in any proceeding with further submission and argument of mine.
34) So, therefore, I pray fully request, in the interest of justice, if the court deems it appropriate
A. Iitiate action against the Member/s of Parliament and others who were involved into political gimmicks in the late evening of 5 June 2011 at Rajghat in the guise of Satyagrah and had breach the sanctity of the place and injured the sentiments and pride of common masses;
B. Initiate action against Committee of Rajghat and/or Delhi Government who failed in their statutory duty to “preserve, protect and secure” the sacrosanct of pious place which means “a lot” to common masses.
C. Ask the Centre and State governments for measures to check such ‘dangerous’ and ‘insinuating’ melodramas to be organized at National Memorials and cremation sites.
D. Issue direction to form a committee involving political parties and/or representation from every quarter of society to set the minimum standards while conducting at such places.
E. Any other action deemed appropriate.
For this kind act, I am duty bound shall ever pray.
(YOGESH KUMAR SHARMA)
3/65 RHB Colony
Dholabhatta
AJMER-305 008 Rajasthan
Mobile-09636014289
Encl : As stated above-open-letter-cum-petition dated 06 June 11
