The judiciary seems to be an organ of government that is exalted above every other organ of government. The authors of the constitution have made the judges independent, in the fullest sense of the word. There is no power above them, to control any of their decisions. There is no authority that can remove them; they alone determine when they must be removed for whatever reason(s) and they cannot be controlled by the laws of the legislature.
One aspect of the judiciary is that judges have no fixed term of office. They hold office till they retire or die or are removed from office. This situation gives a lot of people goose pimples. An eloquent statement of the problem published in 1848 is that of Frederick Grimké, a Justice of the Ohio Supreme Court: 'If it is not wise to confer a permanent tenure of office upon the executive and legislative,' he concluded, 'it should not be conferred upon the judiciary; and the more so, because the legislative functions which the last perform is a fact entirely hidden from the great majority of the community.'
Although we profess to be a democracy, our judges have, at times, expressed themselves in a manner that smacks of an abiding faithfulness to one political party or the other. In purely political cases, one easily sees that the difference between the majority view and the minority view is primarily actuated by the political affiliation of individual judges sitting on the case. It is interesting to note that every one judge in Ghana, like any ordinary Ghanaian, exercises a his or her franchise.
The judiciary of Ghana seems an institution of overwhelming monstrosity and mystery. Upon hearing of the court, the citizens are immediately put in a state of utter fright. When the courts sit, they appear very unfriendly and distant. The courts are free to pass any verdict at all without any fear of control or objection from anyone. Lawyers more frequently raise objections to their fellow lawyers to signify their dissensions. However, it is contemptuous for a lawyer to raise abjection to a proposition made by a judge, not even when such objection is prefaced by the soothing phrase, 'with all due respect'. All that the law and practice permit a lawyer to do is to bow to the judge and say, 'I am grateful, my Lord', 'As the Court pleases', 'Most grateful' and suchlike phrases.
In Ghana, a judge can only be removed from office for stated misbehaviour or incompetence or on ground of inability to perform the functions of his office arising from infirmity of body or mind. The question is who determines what constitutes incompetence or inability? The same judiciary does that. The process of removing a judge is also purely judicial in nature, undertaken by judges. We are back to square one - judges are judged by judges! No other organ of government has any overriding power to effect the removal of a judge.
As long as the process of judicial appointments remains opaque, selection of judges on considerations other than merit will continue
In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper. Even Press accreditation to me as a web journalist is denied till date. there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a citizen of india.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.
You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer it will be admission of the charges by you. It will amount to confession of crimes on your own.
If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.
Date : 05.03.2017……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja Mysuru Raghupathi