- Petitioner also prayed for the prosecution of the accused Judges under sections 109, 166, 192, 193, 218, 219, 220, 341, 342, 115, 409, 304-A, 120(B), 34 etc. of Indian Penal Code for passing unlawful and unconstitutional orders abating the offences of causing wrongful profit to vaccine companies and putting the life and liberty of the common man at stake on the basis of false and fabricated data.
- Petitioner sought departmental action against accused Judges as per ‘In-House-Procedure’ and withdrawal of all judicial work from the contemnor Judges.
- Earlier Supreme Court convicted High Court Judge C.S. Karnan under contempt and send him to jail for six months. Supreme Court also withdrawn the judicial work from Justice S. N. Shukla of the Allahabad High Court and C.B.I. filed charge sheet against for taking bribes to pass unlawful orders to help the administrator of medical college.
- Meghalaya High Court Chief Justice is already been punished by the Supreme Court collegium by transferring him from the chartered High Court of Madras having a strength of 60 Judges to Meghalaya High Court having a strength of 4 Judges.
- As per law the Judges passing unlawful orders to save some authorities or for any reason are liable for 7 years imprisonment as per sections 219, 218 etc. of IPC.
- If the Judge is found to have misused his position and power to do unlawful acts like giving benefits to vaccine companies or to violate fundamental rights then such Judges will also be liable for action under section 409 of Indian Penal Code.
- Justice Shamit Mukharjee of Delhi High Court, Justice Nirmal Yadav of Punjab & Haryana High Court, Justice S. N. Shukla of Allahabad High Court were charge sheeted by the C.B.I. for corruption in passing orders.
New Delhi: 1. Two Contempt Petitions are filed before Supreme Court by the Secretary-General of Human Rights Security Council against the 4 Judges of High Court of which 2 Judges namely Justice J.B. Pardiwala and Justice Niral R. Mehta are of Gujrat High Court. While Justice Sanjib Banerjee and Justice W. Diengdoh are of Meghalaya High Court.
The charges levelled against the 4 Judges are that they acted in deliberate disregard, wilful defiance and contempt of binding precedents of the Supreme Court and passed cryptic, whimsical and arbitrary orders thereby violating the fundamental rights of the citizen. And putting their life into danger.
The petitioner also charged the contemnor Judges for acting in such a way to cause wrongful loss of the public money and wrongful benefit of the vaccine companies.
2. Allegations in Contempt Petition against Gujrat High Court Judges Shri. Justice J.B. Pardiwala and Justice Niral R. Mehta.
2.1. The contemnor Judges passed the order without discussing the case laws relied by the Petitioner which is Contempt of ratio and law laid down by the Supreme Court in various cases, where it is directed to all the Judges that they should explain with reasoned order that how and why the law and ratio laid down in the judgment relied by the parties are applicable or not applicable to the case argued by the Petitioner or other parties. [Dwarikesh Sugar Industries Ltd. Vs. Prem Heavy (1997) 6 SCC 450, Dattani & Co. Vs. Income Tax Officer 2013 SCC OnLine Guj 8841, Prabha Sharma Vs. Sunil Goyal (2017) 11 SCC 77, Superintendent of Central Excise Vs. Somabhai Ranchhodhichai Patel (2001) 5 SCC 65, New Delhi Municipal Council Vs. M/s Prominent Hotels 2015 SCC OnLine Del 11910]
2.2. The Judges ignored the ratio laid down by the Supreme Court in Common Cause case (2018) 5 SCC 1. They even did not referred the said judgment, despite, it is relied by the petitioner.
2.3.The ratio laid down in the judgments of Meghalaya and Gauhati High Court were not discussed.
2.4. The other grounds in the petition such as policy decision of Central Government is not taken into consideration and Writ Petition was dismissed by a cryptic order which is not permissible for the High Court has ruled by the Supreme Court in Ram Phal Vs. The State of Haryana (2009) 3 SCC 258.
2.5. The High Court did not give any intelligent reasons to dismiss the petition. Casual reasons that to without detailed explanation is illegal and contempt of Supreme Court judgment in Neeharika Infrastructure Pvt. Ltd vs. State of Maharashtra 2021 SCC OnLine SC 315, and also contempt of Gujrat High Court judgment in State of Gujrat Vs. Bhagabhai Barad 2019 SCC OnLine Guj 1535, Dhanuben Lallubhai Patel 2014 SCC OnLine Guj 15949.
2.6. Earlier, in a case of unlawful order by doing corruption by the Judge of Gujrat High Court, the Full Bench of the Supreme Court observed that the Judges passing order by ignoring material on record and considering extraneous factors are guilty of ‘fraud on power’ and such orders stand vitiated. [Vijay Shekhar Vs. UOI (2004) 4 SCC 666].
2.7. The Judges exceeded their jurisdiction and by practicing fraud on their power made wrong and incorrect observations in the order that the people should get two doses of vaccines and also the booster dose to protect themselves from covid-19 and also from Omicron. The abovesaid statements are out and out false as it is proved from the Government record that the person getting two doses of vaccines are also getting infection, they are spreading infection and they died due to covid-19.
Recently the person taking booster dose also found to have infection of Omicron variant.
Means vaccines are failed and does not provide definite protection.
2.8.Offences under Indian Penal Code which are attracted against Contemnor Judges:-
2.8.1. That, the Contemnor No.1 & 2 passed an order against the law and by that order they put the life of the common man under threat and also caused wrongful loss of the public money and wrongful profit of the vaccine companies and therefore they are liable for prosecution under Section 52, 166, 218, 219, 409, 109, 323, 336, 120(B), 511 etc. of IPC.
2.8.2. That as per the 140 research studies and also as per suggestions given by domain experts, more particularly by:
i) Dr. Sanjay Rai, Epidemiologist AIIMS, New Delhi and President, of Indian Public Health Association (IPHA).
ii) Dr. Arvind Kushwala, Epidemiologist AIIMS, Nagpur
It is clear that, the person with natural immunity which is developed due to Covid-19 infection is the safest person, as he cannot get infected and there is no chance of him spreading the infection. On the other hand the person with vaccine immunity can get infected & die due to Covid-19. He can be a super-spreader of infection. The natural immunity is 13 times more rebust then the vaccine immunity.
The natural immunity is life long lasting on the other hand vaccine immunity wanes within 6 to 9 months.
The study also proved that giving vaccine to the persons with natural immunity causes serious harm to his body.
2.8.3. Dr. K.K. Aggarwal & 60 vaccinated Doctors died due to Covid-19.
2.8.4. Dr. Sanjay Rai, AIMS New Delhi Interview with Girijesh Vashistha.
Link: https://www.youtube.com/watch?v=-btDk0eSi5U
2.8.5. Natural immunity 13 times better than vaccine immunity.
(i) Link: https://youtu.be/6v5VrpgXPm4
Dr. Arvind Kushwaha interview.
(ii) Link: https://www.youtube.com/watch?v=edXGe-Rsp68
2.8.6. 140 Research Studies Affirm Naturally Acquired Immunity to Covid-19.
Link: https://www.mdpi.com/2075-1729/11/3/249/html
2.9. Most recently, researchers in Israel report that fully vaccinated persons are up to 13 times more likely to get infected than those who have had a natural COVID infection.
2.9.1.As explained by Science Mag: The study ‘found in two analyses that people who were vaccinated in January and February were, in June, July and the first half of August, six to 13 times more likely to get infected than unvaccinated people who were previously infected with the coronavirus
2.9.2.In one analysis, comparing more than 32,000 people in the health system, the risk of developing symptomatic COVID-19 was 27 times higher among the vaccinated, and the risk of hospitalization eight times higher.’
2.9.3.The study also said that, while vaccinated persons who also had natural infection did appear to have additional protection against the Delta variant, the vaccinated were still at a greater risk for COVID-19-related-hospitalizations compared to those without the vaccine, but who were previously infected.
2.9.4.Vaccines who hadn’t had a natural infection also had a 5.96-fold increased risk for breakthrough infection and a 7.13-fold increased risk for symptomatic disease.
This study demonstrated that natural immunity confers longer lasting and stronger protection against infection, symptomatic disease and hospitalization caused by the Delta variant of SARS-CoV-2, compared to the BNT162b2 two-dose vaccine-induced immunity,’ study authors said.
Link: https://www.medrxiv.org/content/10.1101/2021.08.24.21262415v1
2.9.5. A majority of gravely ill patients in Israel are double vaccinated. A majority of deaths over 50 in England are also double vaccinated. [Exhibit]
Link: https://www.science.org/content/article/grim-warning-israel-vaccination-blunts-does-not-defeat-delta
2.10. Majority of Hospitalizations Are Actually in the Vaccinated
For example, in Israel, the fully “vaccinated” made up the bulk of serious cases and COVID-related deaths in July 2021, as illustrated in the graphs below. The red is unvaccinated, yellow refers to partially “vaccinated” and green fully “vaccinated” with two doses. By mid-August, 59% of serious cases were among those who had received two COVID injections.
Data from the U.K. show a similar trend among those over the age of 50. In this age group, partially and fully “vaccinated” people account for 68% of hospitalizations and 70% of COVID deaths.
Link: 1. https://cdn.altnews.org/wp-content/uploads/2021/08/new-hospitalizations-thumb.jpg
2. https://cdn.nexusnewsfeed.com/images/2021/8/new-severe-covid-19-patients-thumb-1631973102161.png
3. https://cdn.nexusnewsfeed.com/images/2021/8/deaths-trend-thumb-1631973112475.png
5. https://www.science.org/content/article/grim-warning-israel-vaccination-blunts-does-not-defeat-delta
2.11. Assam: 80% Covid-19 infections among vaccinated in Guwahati
2.12. In Bangalore more than 56% of hospitalization of covid positive patient are vaccinated.
“Source Name: Deccan Herald
Date:03.08.2021
More than half of hospitalised Covid-19 cases among vaccinated in Bengaluru
These hospitalisations are indicative of the extent of vaccine penetration in the public, explained BBMP Chief Commissioner, Gaurav Gupta”
2.13. Over 50% new COVID-19 cases, deaths in Kerala from vaccinated section.
https://www.onmanorama.com/news/kerala/2021/10/12/kerala-covid-cases-deaths-among-vaccinated.html
2.14. In K.E.M Hospital 27 out of 29 Covid-19 positive patients were vaccinated. [Around 93%]
“29 MBBS students at KEM hospital test positive for COVID-19, 27 were fully vaccinated
SOURCE:- FREE PRESS JOURNAL”
2.15. In Nagpur 13 people tested positive for the virus out of which 12 were already vaccinated.”.
“Source:- Free Press Journal.
Date:- Monday, September 06, 2021, 11:02 PM IST
Relevant Important Para to be taken;
The district guardian minister, Dr Nitin Raut, told the Free Press Journal after a review meeting, ‘‘The third wave has started in Nagpur, which is reporting a rise in positive cases for the last few days. Notably, on Monday, 13 people tested positive for the virus out of which 12 were already vaccinated.”
2.16. Nearly 80% (91 out of 114) Covid-19 cases reported from Sept 1 till Oct 23 in Lucknow were of breakthrough infections, according to data accessed by TOI from the office of Chief Medical Officers.
2.17. Vaccines don’t stop transmission, admitted by WHO.
At a virtual press conference held by the World Health Organization on Dec. 28, 2020, officials warned there is no guarantee COVID-19 vaccines will prevent people from being infected with the SARS-CoV-2 virus and transmitting it to other people.
Link:-
https://www.who.int/emergencies/diseases/novel-coronavirus-2019/media-resources/press-briefings
2.18. VACCINE FAILED
82.5% Omicron patients in Maharashtra are fully vaccinated.
One is having booster dose.
See:-
TNN | Dec 18, 2021,04.37 AM IST
Publisher:- TIMES OF INDIA
MUMBAI: Eight new cases of the Omicron variant were detected in the state on Friday, taking the tally in Maharashtra to 40.Six were from Pune, and one each from Mumbai and Kalyan-Dombivli. All of them had been fully vaccinated, and one had even got a booster, said health authorities. Of the total 40 infected, 33 were vaccinated.
Link:-
https://timesofindia.indiatimes.com/city/mumbai/mumbai-8-more-omicron-cases-found-in-state-6-in-rural-pune-2-in-mmr/articleshow/88348393.cms
2.19. As per Sero-Survey in India there are more than 67% people, who have developed antibodies and having natural immunity.
2.20. Under these circumstances forcing such people to get vaccinated is a double offence. One is an offence of misappropriation of thousand of crores of public money by giving vaccine to a person who doesn’t need it and no purpose will be served by giving vaccine to him. And also it is punishable under Section 409, 109 etc. of I.P.C.
2.21. Accused Judges also committed an offence of abating authority to stop people unauthorizedly offence under Section 109, 341, 342, 220 etc. of I.P.C.
2.22.The Judges also ignored the very fact that in the similar case, the Supreme Court has taken the cognizance and issued notice to the state authorities who are bringing such vaccine mandates. Therefore, the stand of accused Judges that such petitions should not be filed in the court is itself shows that they are acting illegally.
2.23.Supreme Court in catena of decisions made it clear that the Judges should hear the petitioner patiently and pass a reasoned order on each issues raised in the petition. The reasons should be intelligent reasons and not the rubber stamp reasons. All the grounds should be decided and ratio of all the case laws/citation/judgment given by the advocate for the parties should be discussed and reasons should be given in the judgments that why the said case laws are applicable or not applicable. [Dwarikesh Sugar Industries Ltd. Vs. Prem Heavy (1997) 6 SCC 450, Neeharika Infrastructure Pvt. Ltd vs. State of Maharashtra 2021 SCC OnLine SC 315, State of Gujrat Vs. Bhagabhai Barad 2019 SCC OnLine Guj 1535, Dhanuben Lallubhai Patel 2014 SCC OnLine Guj 15949, Dattani & Co. Vs. Income Tax Officer 2013 SCC OnLine Guj 8841, Union of India Vs. Essel Mining & Industries Ltd. (2005) 6 SCC 675, Ram Phal Vs. The State of Haryana (2009) 3 SCC 258, Hariram Bhambhi Vs. Satyanarayan 2021 SCC OnLine SC 1010, Shaima Zafari Vs. Irfan (2013) 14 SCC 348, Sulochanabai Swaropchand Chawre Vs. Additional Commissioner (2021) 9 SCC 317, Brijesh Singh Vs. State of U.P., (2021) 8 SCC 392].
But the accused Judges did not follow the Supreme Court guidelines and dismissed the petition with cryptic and unreasoned order.
Such conduct of the Judges amounts Contempt of the Supreme Court and such Judges were sentenced by the Supreme Court.
Also the Supreme Court ordered departmental enquiry to dismiss such Judges. [Re: C.S. Karnan (2017) 7 SCC 1, Barakanta Mishra (1974) 1 SCC 374, Re: M.P. Dwivedi (1996) 4 SCC 152, Smt. Prabha Sharma Vs. Sunil Goyal and Ors. (2017) 11 SCC 77, New Delhi Municipal Council Vs. M/s Prominent Hotels 2015 SCC OnLine Del 11910, R.R. Parekh Vs. High Court of Gujarat (2016) 14 SCC 1, Umesh Chandra Vs. State of U.P. 2006 (5) AWC 4519 ALL, UOI Vs. K.K. Dhawan (1993) 2 SCC 56].
The provisions of IPC under section 218, 219, 192, 193, 466, 471, 474, 109, 120(B), 34, 220 etc. are made to punish such Judges only.
3. Contempt against Meghalaya High Court, Chief Justice Sanjib Banerjee and Justice W. Diengdoh.
3.1. That the case of Justice Sanjib Banerjee is more grave as he passed an order against the binding precedents of his own court and in the same matter. [Sant Lal Gupta Vs. Modern Cooperative Group (2010) 13 SCC 336].
3.2. Hon’ble Supreme Court made it clear that the subsequent Bench cannot pass any order against the order passed by the earlier Bench. If any order is passed, then such order is per-incuriam and illegal and cannot be followed. [Sandeep Bafna Vs. State (2014) 16 SCC 623].
Contempt Petition against Justice Sanjib Mukharjee, Meghalaya High Court.
Contempt Petition against Justice J.B. Pardiwala, Gujrat High Court
For more details, you can contact
Shri Rashid Khan Pathan
Email: rashidkhanpathan81@gmail.com
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