Friday, November 13, 2009

[ZESTCaste] 'Bid to keep Dalit out of apex court’

'Bid to keep Dalit out of apex court'

Express News Service

First Published : 13 Nov 2009 02:30:00 AM ISTLast Updated : 13 Nov
2009 07:04:18 AM IST

CHENNAI: If the petitioners seeking to implead in the case relating to
the controversy over the land in Kaverirajapuram in Tiruttani taluk in
Tiruvallur district are allowed to do so, then it will open the
floodgates for such petitions in future, advocate N Jyothi warned on

Resuming his arguments against the impleading petitions from People
Watch, Human Rights Advocacy and Research Foundation and others,
Jyothi, representing a shepherd in Kaverirajapuram, told Justice K
Suguna that the signatories of the petitions, carrying criminal cases
on their shoulders, could not talk about purity in justice.

A group of advocates met the judge in her chambers, after the orders
were passed on the batch of writ petitions from the villagers on
November 6. If the court allowed some people to interfere in this
manner, it would set a bad precedent. The court should not be allowed
to be used as a platform for such things. The order was passed in the
presence of the counsel of both the sides. Three days later, a
congregation of minds took place and now they want to implead in the
matter. "Who are these people? What is their reputation? What is their
antecedent? Why they are filing and what are they going (achieve) to
do?'' he wondered. "They don't want a Christian or a dalit (to become
a Supreme Court judge) and it was their agenda,'' Jyothi alleged and
added that in the process, an innocent shepherd, owning a piece of 50
cents of land, was affected.

What was the nexus between his claim of patta for the land and the
Supreme Court and its collegium, Jyothi asked. Earlier, senior counsel
for the writ petitioners N R Chandran said that the scope for review
was very limited. It could be done so only in exceptional cases and
when a doubt about the validity of the order arose and not merely
because some 'busybodies' filed impleading petitions.

An order, which was unpalatable to a group, could not be a ground for
reviewing the order. He also said that the order of the District
Collector was not final. The attempt of the collector to invoke the
rules in respect of 'anadheenam' land was impermissible in law.


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