Thursday, 26 January 2017

Justice Karnan lists 20 Corrupt Judges in open letter to PM

Mumbai, 27th January, 2017: Justice Chinnasamy Swaminathan Karnan of Culcutta High Court and formerly of Madras High Court, wrote to Prime Minister Narendra Modi urging him to take action against "high corruption at the judiciary". In his letter dated 23rd January, 2017, Justice CS Karnan furnished the prime minister with "an initial list of corrupt judges", and in addition, three other officers of Madras High Court, who he implied had detailed knowledge and proof of the corrupt acts of the 20 judges. Justice Karnan asked for all these persons to be "interrogated by the officers of the Central Agencies" – probably referring to Central Bureau of Investigation (CBI).
Justice CS Karnan's recent writings and actions have confronted India with huge questions and challenges, namely:
    a) Is Justice CS Karnan a judge a nutcase – a man with impaired mental functioning? If so, what constitutional safeguards does the nation have to remove him, to prevent him from damaging the reputation and function of the higher judiciary?
    b) Alternatively, is Justice CS Karnan a whistleblower revealing rampant corruption in Madras High Court and Supreme Court? If so, what constitutional mechanisms does India have to conduct proper investigation of his allegations?
Read Justice CS Karnan's letter to the Prime Minister below:


The judges named in this letter are mostly Justice Karnan's former colleagues, namely:
  1. Justice Sanjay Kishan Kaul, Chief Justice of Madras High Court and earlier, Punjab and Haryana High Court
  2. Justice S Manikumar of Madras High Court
  3. Justice V Ramasubramanian of Madras High Court
  4. Justice (Retd) Chitra Venkataraman of Madras High Court
  5. Justice (Retd) RS Ramanathan of Madras High Court
  6. Justice RK Agrawal of Supreme Court
  7. Justice TS Thakur, who recently retired as Chief Justice of India
  8. Justice MY Eqbal (Retd), former Chief Justice of Madras High Court and Supreme Court judge
  9. Justice (Retd) FM Ibrahim Kalifulla of Supreme Court
  10. Justice (Retd) Satish Agnihotri of Madras High Court
  11. Justice (Retd) Elipe Dharma Rao of Madras High Court
  12. Justice (Retd) KN Basha of Madras High Court
  13. Justice (Retd) G M Akbar Ali of Madras High Court
  14. Justice (Retd) Aruna Jagadeesan of Madras High Court
  15. Justice V Dhanapalan of Madras High Court, with whom CS Karnan had a public quarrel.
  16. Justice MM Sundresh of Madras High Court
  17. Justice N Kirubakaran of Madras High Court
  18. Justice S Nagamuthu of Madras High Court
  19. Justice T Raja of Madras High Court
  20. Justice M Sathyanarayan of Madras High Court
So, in the light of this letter, let us consider whether Karnan is a raving nutcase that the judiciary is unable to rid itself of. Is justice Karnan a living proof of the fact that there is almost no way of getting rid of a bad or incompetent judge?
Or is Karnan a whistleblower exposing the corruption of Indian judiciary, and deserving of the respect and gratitude of all Indian citizens? And therefore, is he a living proof of the fact that even a High Court judge cannot bring corrupt judges to justice? 
 
The jury is still out on that one.
ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com

Stop wishing history were different, you lucky sperm, you!

If World War II hadn't happened, you & I wouldn't have been born. Because you and I are a one-in-a-trillion-trillion egg-sperm combinations that got incredibly lucky. Our dads produced 250 million sperms everytime they ejaculated, and 99 times out of 100, they ejaculated in their hands. So you and I and everyone else on this planet are the product of astronomical odds. Your maternal grandma had to meet your grandpa and conceive your mom, and ditto your paternal grandparents, and then your mom and dad had to do it at precisely that moment, and therefore here you are, reading this blasphemous post. Think about that for a moment.

Why is this relevant? Because people casually say things like, "If Sardar Patel instead of Nehru had been the Prime Minister, things would have been very different today". Yes, true, but you and I would not be there to experience it.

If anything had gone even slightly different -- if your mom had so much as sneezed when your dad shot his load into her -- you wouldn't have been alive. If she had felt an urgent need to pee afterwards, you, my friend, would have ended up in the toilet bowl. Yeah, someone else would have been there, but not YOU, my friend.

So before you say. "I wish things were different," bite your tongue.


Wednesday, 25 January 2017

Happy Republic Day 2017! Proud to be part of this flawed but functioning democracy!

India, 26th January, 2017: I am proud and privileged to live in India. I love and embrace this crazy, chaotic nation of ours, and I cherish all its people and systems. I treasure the freedoms that we enjoy, and I don't take it for granted.

Our freedom fighters have suffered and died so that we could govern ourselves, and yes, we are governing ourselves in our own crazy, chaotic way. It's a fact that I am proud of. It's a privilege that I hold very dear.

Yes, I criticize India's people, systems, traditions etc., but nothing takes away from my love for my beautiful India and all the 1.3 billion people who make it what it is -- a flawed but functioning democracy.

If I were to be born again, I would want to be born here. Again and again and again. And when I die, I will be proud and privileged to be part of its dust and its people.

I love India and all Indians unconditionally. Absolutely. Without reserve. Warts and all.

Jai Hind. Jai Jawan. Jai Kisan. Jai Janta Janardhan.

Happy Republic Day 2017.
----------
Krish

Tuesday, 24 January 2017

R-ADAG caught swindling Rs 1,000 cr from 7 State Govts

Mumbai, 25th January, 2017: Reliance Anil Dhirubhai Ambani Group (R-ADAG) was caught with its hands in the proverbial cookie jar, and that too by the Supreme Court! R-ADAG tried to twist the terms of its Power Purchase Agreement with seven states, and make a profit of well over Rs 1,000/- crore by making the states count one day as one year (31st March 2013 is the previous financial year, and 1st April 2013 is the next financial year. Get it?) And moreover, when All Indian Power Engineers' Federation (AIPEF) blew the whistle and prevented it, R-ADAG tried to sue AIPEF's office-bearers for damages of Rs 1,000 crore! Ulta chor kotwal ko dante!

The true significance of Supreme Court’s 8th December 2016 judgment on Reliance's Sasan Ultra Mega Power Project (UMPP) Commercial Operation Date (COD) has gone unreported. Mainstream media has avoided reporting important things about this case, namely:

1) By exploiting a loophole in the Power Purchase Agreements (PPA) signed with seven states of India, Reliance Power wanted to hugely overcharge them. Madhya Pradesh, where the power project is located, would have had to pay over Rs 400 crore extra to Sasan Power Ltd. based on their false claim that Unit 3 of the UMPP started commercial operations on March 31, 2013. (Counting interest costs, the impact on MP would be around Rs 450 crore.) The PPA specifies that power is to be supplied @70 paise per unit for the first two years, and hiked up to Rs 1.31 per unit from the third year. But, if Reliance Power’s claim of March 31, 2013 as the commercial operations date (COD) were to be accepted by the seven power-purchasing states, then the first year of power purchase would be only one day long, i.e. starting on 31st March, 2013 and ending on April 1, 2013. Such a stand would enable Sasan to start charging the higher power tariff of Rs 1.31 per unit from April 1, 2014, instead of April 1, 2015. This would have resulted in a wrongful gain of Rs 1050 crore to Sasan Power Ltd, coming out of the pocket of the Indian power consumer and taxpayer.

2) Moreover, were such a claim to be accepted, it would have also resulted in incalculable loss to the nation in terms of power-generation, as it would have removed all the deadlines and left Sasan Power Ltd. under no pressure to fully operationalize Unit 3 in a time-bound manner. On 31st March 2013, Unit 3 was functioning at a mere 17% of demand. The unit became fully operational and achieved the capacity to fulfill 95% demand only in August 2013. If 31st March were considered the start of the COD by waiving this condition, it is possible and even likely that the date on which 95% demand capacity was achieved would have been pushed back even further. The heart of the PPA is the condition that Unit 3 had to be functioning at over 95% of demand, for the Commercial Operation Date to commence. By seeking to subvert the heart of the contract, R-ADAG betrayed its profiteering tendencies, and its willingness to sacrifice the safety and well-being of the national grid.

3) Sasan Power would have got away with looting India, were it not for the persistent efforts of All Indian Power Engineers Federation (AIPEF), spearheaded by its chief patron Er. Padamjit Singh of Delhi and Er. Shailendra Dubey of Lucknow.  It is heartening to see the activist spirit with which this professional body defended the national interest before the Central Electricity Regulatory Commission and its Appellate Tribunal, and before the higher judiciary.

4) Sasan Power Limited tried to misuse Bombay High Court as a forum to intimidate AIPEF to prevent it from pursuing the matter before appropriate forums, including higher judiciary. It malafidely tried to get an injunction from Bombay High Court in August 2016 for muzzling and stalling AIPEF, and claiming damages of Rs 1,000/- crore, although the same matter was already reaching Supreme Court in Appeal.

5) There is significance in the fact that prominent Congress leaders Kapil Sibal and P Chidambaram, in their capacity as senior advocates, attempted to defend the indefensible. This helps to remind the public that Anil Ambani has friends on both sides of the political fence. No matter who wins elections – BJP or Congress – big money wins every time. The Congress camp may shout from rooftops that Prime Minister Narendra Modi is protecting the business interests of the “two brothers”, but one must bear in mind that Congress leaders also have their interests at heart.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com

Friday, 13 January 2017

Raheja's Horizon Green Building in Deep Trouble due to Unauthorized Soak Pit

Mumbai, 13th January, 2017: K Raheja Constructions got away with lots of violations in their Horizon Green project in Borivali East. They succeeded in procuring Drainage Completion Certificate (DCC) and Occupation Certificate (OC) in early 2015 without actually constructing drainage. To hoodwink potential flat-buyers and early-bird occupants, the Rahejas tried to secretly dig a soak-pit in December 2015. The plan was to cover up the lack of a sewage connection by channeling the sludge into a soak pit and pumping it out every month. But this plan backfired when residents of the neighbouring building alerted BMC, who slapped a stop-work notice. But the Rahejas defied the stop work orders, continued the work and completed the soak-pit. So MCGM lodged a police complaint and got an FIR registered against the Rahejas.

Illegal soak pit of Horizon Green building under construction in December 2015


  • Click here for PHOTOS of Horizon Green’s soak pit.
  • Click here for PHOTOS of work in progress, defying stop work notice.
  • Click here for VIDEO of Horizon Green’s soak pit being dug late at night.
MCGM's Stop Work Notice.

Drainage is Horizon Green’s Achilles' heel, because of the building's awkward location on a slope. This project is basically built by over-exploiting the FSI of the existing “Raheja Green” layout plan, and because of this, the building suffers from major shortcomings, including lack of recreation ground, shortage of sufficient parking and mandatory open spaces, and, last but not least, huge hurdles in drainage disposal. Between 2006 and 2015, many mutually-contradictory drainage plans proposed by Rahejas were approved by BMC officials without verifying whether the hilly terrain and existing drainage lines supported these plans. The sewage directions drastically changed no less than five times. In 2010, 2012 and 2015, the Rahejas planned three different uphill routes for drainage and the BMC officials blindly nodded!

The Rahejas claim that DCC issued in Feb 2015 was for joining the sewage into common drainage of the private layout downhill as against a proposal for flowing the drainage directly uphill and out of the layout, submitted in 2012.




The drainage lines finally laid in December 2015 went uphill to the adjoining DP road (shown below), and joined a municipal sewer outside the neighbouring TCS office building. But this sewage connection (which is not shown in any proposed or approved plan) isn't working because of improper gradient.

The site on the DP road where Horizon Green's drainage was connected to municipal sewage. Improper gradient prevents Horizon Green's water and sludge from flowing into the municipal sewer.
So the Rahejas built a soak-pit to disguise Horizon Green’s lack of proper sewage, in order to sell the flats to unwary buyers.

Although the cover-up failed and the scam is out in the open, a few buyers have already become bakras. They are angry and may soon look for legal remedies against the builder. Indeed, the newly enacted Real Estate Regulatory Authority (RERA) may prove to be the most appropriate forum for challenging Horizon Green’s fraudulently-acquired Occupation Certificate and seeking compensation.

ISSUED IN PUBLIC INTEREST BY
Krishnaraj Rao
9821588114
krish.kkphoto@gmail.com


Also read: FIR filed against K Raheja builder: Horizon Green Borivali has invalid OC and Fake Drainage