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Saturday, March 19, 2016

SHRI KML ASTHANA'S VERSION OF THE PROCEEDINGS OF SC ON 17TH MARCH 2016

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YESTERDAY, THE COURT DID NOT HAVE THE TIME OBVIOUSLY FOR THE REASON THAT IT WAS BUSY IN CONDOLENCE MEETING AT THE BEGINNING AND WHEN IT SAT THE CASE NOS. 1 AND 2 WERE FINISHED.  SINCE THE SECOND JUDGE SITTING WITH JUSTICE MISHRA, JUSTICE SHRI SHIV KIRAT SINGH WAS TO PARTICIPATE IN CONSTITUTION BENCH, THE BENCH DID NOT FORM.  HOWEVER JUSTICE BHANUMATI FULFILLED THE CORAM AND THE BENCH TOOK UP OUR CASE NUMBER THREE. RIGHT IN THE BEGINNING LIC'S COUNSEL SAID THAT IT MAY TAKE SOMETIME TO COMPLETE THE ARGUMENTS WHICH ARE NOT LIKELY TO BE COMPLETED TODAY IT IS BETTER THAT IT IS TAKEN UP JUST IN THE BEGINNING. ON THIS JUSTICE MISHRA SAID ALREADY LONG TIME HAS PASSED AND THE CASE IS OF PENSIONERS ,HE DOES NOT WANT ANY FURTHER TIME TO BE SPENT AND HE WANTS TO DECIDE TODAY ITSELF,

BUT BEFORE HE COULD FINISH MR MURTY'S ADVOCATE ROSE UP AND SAID ABOUT 20% WHICH ANNOYED THE JUDGE AND SAID THAT ON THE LAST DATE ALSO HE SAID THAT THIS ORDER WAS PASSED IN A HURRY THE 100% WAS NOT KNOWN THEREFORE LET US FIRST DECIDE 100%. BUT THIS DID NOT SUIT THE MIND SINCE HE IS BENT UPON SOMEHOW HIJACKING THE PROCEEDINGS, THEN HE REFERRED TO HIS LAST HEARINGS SUGGESTIONS OF CONTEMPT PETITION IF THE SAID LITIGANT SO FEELS WHAT DID HE DO. THERE WAS NO REPLY.

 LIC'S ADVOCATE SAID THAT IT IS ONLY THOSE PETITIONERS THAT THE PAYMENT COULD NOT BE MADE TO THEM SINCE EVERY TIME THEY CAUSED HURDLES IN WITHDRAWING THE AMOUNT. THEN THE JUDGE ASKED WHETHER PAYMENT HAS BEEN MADE IN RAJASTHAN. OUR SR ADVOCATE SAID THAT SOME PAYMENT HAS BEEN MADE BUT NOT ACCORDING TO DIRECTIONS, STILL AT THE MOMENT WE WANT DECISION ON 100% AND NOT 20% WHICH IS ALSO NOT CALCULABLE AT THE MOMENT IN ABSENCE OF KNOWING WHAT IS 100%.  THEREFORE, IN AN IRRITATING MOOD THE COURT PASSED OVER THE CASE AND AT ABOUT 3.15 IT ROSE UP. SINCE IT IS A PASS OVER IT WILL COME UP AT NUMBER ONE THE NEXT WEDNESSDAY WHICH CALLS ON THE COURT WORKING ON 30TH SINCE THE MIDDLE WEDNESDAY IS ON HOLI HOLIDAY.

NOW THE GROUP OF FOUR IS TRYING TO JUSTIFY THEIR STAND OF 20% TO BE IN FAVOUR OF THE PENSIONERS WHILE THEY HAVE NOT UNDERSTOOD THE ORDER OF 7TH MAY 2015, OTHERWISE SUCH A SITUATION MAY NOT ARISE.  IT IS FIRST TO BE UNDERSTOOD AS TO WHAT IS 20% UNLESS 100% IS DECIDED AND WHEN THE COURT IS SAYING THAT IT IS SITTING FOR DECISION 100% WITHOUT FURTHER ADJOURNMENT SINCE A LONG TIME HAS ALEADY ELAPSED ON ACCOUNT OF ADJOURNMENTS THE COURT DOES NOT WANT ANY FURTHER DELAY AND THE ADVOCATES FOR THE RESPONDENTS ARE ALSO INSISTING THIS GROUP OF PERSONS SHOULD HAVE KEPT QUIET. IF THEY ARE SO SINCERE THEN THEY SHOULD HAVE FILED THE CONTEMPT PETITION AS THE COURT SUGGESTED ON 10TH WHICH THEY DID NOT DO. WHY? NO EXPLANATION. EVEN THE CONTENTS OF THE ORDER OF 7TH MAY ARE MISSING FROM THEM AND THEY ARE UNABLE TO EXPLAIN THEIR STRESS ON 20% WITHOUT FIRST ASCERTAINING THE 100%. THEIR STRATEGY IS SOMEHOW OR THE OTHER TO DELAY THE DECISION OF THE CASE. THE PENSIONERS WHO ARE WISE PERSONS MUST UNDERSTAND THE BACKGROUND INTENTS OF THIS FALSE AND VEXATIOUS PLEA AS HAS BEEN RENDERED NOW AND BY NO MEANS IT CAN BE SAID TO BE IN FAVOUR OF THE PENSIONERS. PL THINK CAN THERE BE 20% AT ALL WITHOUT KNOWING WHAT IS 100%.

 ---Asthana