Chronicile of a fight against an Ugly Oath
This interesting episode in the previous page of contemporary American political history is ,of course narrated by this author in order to contrast it with such a situation in India, a republic of sixty plus age, in which the mistake in the oath was of such a gravity that it eliminated the concept of democracy and the very integrity of the nation In this case even the issue was taken with the judiciary of the nation but up until now no step has been taken to uphold the honour of Indian Constitution in a comprehensive manner, though the oath was made constitutionally correct after years of litigation in an Indian Court .In India, the heads of Government are bound by their oath to defend the Constitution ,the judicial authorities are bound by their oath to uphold the constitution and the laws enacted by the Legislature and all other authorities are bound by oath to keep faith and allegiance to the Constitution. It is also mandated in the Constitution that it is the duty of a citizen to safeguard the honour of the Constitution. Thecomulative failure of these institutions continues to deny the poor citizens the fruits of constitutional democracy contemplated by the founding fathers ofIndian Nation.
During the days prior to and after the Independence of India/Pakistan, two divergent opinions emerged in the turbulent political horizon of that time.One was the cynical prediction of the future course of Indian/pakistani history,.This was artclated by Winston churchil,the nobel leaurate in literature and the leader who led United Kingdom during the second world war when Mr Clement Atlee the then Prime Minister United Kingdom in june 1947, introduced the Indian independence Act in the British parliament
: "----------Power will go to the hands of rascals, rogues, freebooters; all Indian leaders will be of low caliber & men of straw.They will have sweet tongues & silly hearts. They will fight amongst themselves for power & India will be lost in political squabbles. A day would come when even air & water... would be taxed in India."
The other was the famous’ tryst with destiny ‘ speech made to the Indian Constituent AssemblyofIndia by the great patriot and the architect and first Prime Minister of Inda Sri .Jawaharlal Nehru,on the eve of India’s independence towards midnight on 14 August1947 which is considered the most condensed form of expression of unfailing optimism and hope of a freedom fighter with outstanding passion for emancipation.It begins thusly.
"Long years ago we made a tryst with destiny, and now the time comes when we shall redeem our pledge, not wholly or in full measure, but very substantially. At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. A moment comes, which comes but rarely in history, when we step out from the old to the new, when an age ends, and when the soul of a nation, long supressed, finds utterance..............’ The story from kerala ,a state of Nehru’s India, is that the utterance of their leader’s became ‘without love’ while they assumed office as ministersBy taking an ugly oath they inhumanly persecuted the who voted them to power".
The post independent history of India/Pakistan is the battle of the conflicting visions of the above two giant personalities of the past century.Eventhough in the political scenorio of india the pessimistic vision of Churchill scores more points, the dilectical thinking of a man of reason will still hold the vision of Nehru because of the strong pull of the ancient civilisation of this part of the world. But the aberrations and failures are to be admitted and corrections made in the onward march of human civilisation The awesome ,incredulous and shocking narrative chronicled below is for this lofty objective of victory of human spirit over dark forces
After a thumping victory in the Assembly election of Kerala, Sri..A.K. Antony, the present Defence Minister of India, assumed office as Chief Minister takes a forged oath/ affirmation of office instead of the oath /affirmation as per the constitution 0f India. Other ministers of his Cabinet also take their oath/ affirmation of office to rule “all manner of people “without love” instead of “without favour”,as done by him decietfully. What terrified people more was that they also included that this rule will be ”without fear”.In the pretext of financial crisis in the white paper published he was determined to commit some black deeds by taking away the rights of all manner of people as promised in his vow at the time of assumption of office. In the euphoria of victory and ovation these ministers- designate failed to recount the patriotic pledge taken by them in ther school life, that they will love all the people- brothers and sisters-of India.Sri A.K. Antony the leader declares to publish a white paper on the financial position of the State.(This oath was tsumani-genic and within a couple days furious tsumani waves of death and destruction were lashed the shores of kerala and Tamlnadu)This declaration was a prelude to his rules ‘without love’. Sri A.K. Antony the leader declares to publish a white paper on the financial position of the State.(This oath was tsumani-genic and within a couple days furious tsumani waves of death and destruction were lashed the shores of kerala and Tamlnadu)This declaration was a prelude to his rules ‘without love’. The govt and opposition leaders relay on the Economic Survey document published prior to the presentation of Budget before the state assembly.The provocation for the release of a seperate White paper on state finance was only to hoodwink the people voted him to power.
On the basis of the misleading white paper on the state's financial position the above cabinet decides to look away the monetary rights engaged by the state Govt, employees.The publication of this white paper was solely for this black deed.
As per the intent of ruling ‘without love’ expressed at the assumption of office,the Govt led by Sri A.K. Antony ruthlessly robbed the service benefits of state Govt. staff vide Govt.order No(P) No.56/2002/Fin The loot of the future service benefits of employees exposed this crafty and loveless political politician’s pretext of the exigency of the immediate financial crisis.
30-01-2002 Martyr’s day
In order to defeat the declared strike of the state govt employees order and draconianwas issued by Govt to impose dies non to the days of strike. This was in addition to many other satanic administrative measures.
“Pastoral letter" was published by Secreteriat Aikya vedi (SAVE) ,an association of Secretirat employees of Kerala , glorifying the passion of love ,and calling upon the entire Govt. employees of Kerala to participate in the indefinite strike from 06-02-20002 against the anti employees orders issued under the authority of an unholy cabinet composed of ministers who have taken an oath to people "without love".in which he is taking a vow to rule the people ‘without love’ was shown. The most absurd and traitorous oath was brought to the public domain by the Secretriat Aikya Vedi (SAVE) ( subsequently, other TV channels- Asianet and city channel also displayed the footage in which the oath is taken by ministers led by Sri.A.K.Antony) Some intellectuals and legal experts including Sri. T.N.Jayachandra,former additional Chief secretay also opined that the oath is antinational and antipeople.
A note was released to the media explaining the grave crisis brought about by Antony govt due to its draconian policies enforced mercilessly in accordance the oath of office of them "without fear"to rule the people "without love'
Day of love and friendship
The grave matter of unpatriotic oath/ affirmation taken by the ministers of kerala was brought to the President of India Sri.K.R.Narayanan and the Governor of Kerala Sri Sukhdev Sing Kang ,on the belief that they will defend the constitution of India .It was also broght to the notice also the then Law minister of India Sri Arun Jaitley and also the high court of kerala.
During the heat of the indefinite strike of about 5 lakh employees of Govt of Kerala a press conference was conducted by this author highlighting all the facets of the constitutional crisis confronted by Indian nation by the rule of kerala by a cabinet headed by Sri A K Antony on a traitor’s oath” of doing justice to all manner of people“without love”A note also was circulated in this conference. Despite the fact that the matter was part of an endeavour to safeguard the Constitution of IndiaS,the press blacked out the news as the conference was held by an ordinary citizen of India.
A petition was submitted to the then Speaker of Kerala Assembly Sri Vakkom Purushothaman not to allow the then Finance minister of Kerala Sri K Sankaranarayanan to present the annual Financial statement for the year 2002-03 as he is not a constitutionally appointed Minister due to the fatal defect of his oath of office. The opposition leader Sri VS Achuthanandan was also apprised of this matter
Secretariat Aikya Vedi (SAVE) approaches High Court o Kerala praying to quash the orders and taking away the rights of the employees issued by govt also imposing dies non for the days of absence of employees during theirstrike period,on advice of a Cabinet comprising ministers who have taken oath in violation Article 164(3) of the Indian Constitution. It was also prayed to throw away these infiltrators from the office of ministers of Kerala.
The Division Bench of the High Court of Kerala in OP No 9552/2002 issued notice to the Chief Minister Sri.A.K. Antony and the chief Secretary. This was reported by The Hindu,an English news paper with maximum circulation in south India.
The Govt in its Counter Affidavit claimed that the oath / affirmation of the ministers who assuming office was correct and that Indian Constitution commands the ministers to rule people‘without love’ Moreover the words “without love” in oath was incorporated to have rhythm to the oath. The court tolerated the attempt made by chief minister Antony and his govt to decieve by making them believe that there is a constitutional embargo to the ministers of India to keep even a nano trace of love while dispensing their wierd justice. This extra ordinary restraint shown by the judges of Kerala may perhaps be envied by the judges of banana republics.
The High Court in its judgment in O.P. No24476 of 2001 declares invalid the membership of Legislature Assembly of Umesh Challiyil Since he assumed his office taking the oath in the name of SreeNarayana Guru instead of God He was also fined Rs.500 per day for the days he attended Assembly.
Malayalamakkal Manifesto was released by the former MLA and prominent Literary critic of Malyalam Sri.M.K.Sanu demanding retake of oath by ministers of tbr Cabinet headed ny A.K. Antony. This was released Varma, while inaugurating the SmritiMandapam in memory of the most popular poet of Malayalam literature Vayalar RamaVarma.by handing over a copy to Sri Saratchabdra varma,the son of this poet. This ceremony was graced by popular dramatist Sri S L Popular Sadanandan,,Smt C S Sujatha, then member of Indian Parliament and many other dignitaries
The tribals of Muthunga in Wayanad District of Kerala who were in path of agitation for the promised land by the Govt., were met with the bullets of the Govt. ruling people "withoutlove” on oath. The blood of the innocents was the favourate recipe for tyranic regime.
Manipulations and chicaneries in Court.
The High court of Kerala after a long delay of about 14 months closed the case and allowed the fake cabinet headed Sri AK Antony to continue in office and to rule”without fear’ the people of Kerala ‘without love’instead of ‘without favour’.The challenge to the two govt orders on the ground of the fatal defect in oath was not considered stating on the mistaken assumption was substantially modified.No affidavit in this regard was submitted either by the then chief minister Sri Antony or the other respondent the Chief Secretary of the state.Moreover the Advicate sri Ramakumar failed to produce the court thr rejoinder to the counter affidavit of the respondent.When the petitioner expressed his displeasure in this matter, this advocate told that he was suffering from the memory loss disease of amnesia.Later, the petitioner learnt that an advocate of his legal firm ,his son was appointed by the state cabinet as standing counsel for the Forest department of kerala state during the pendency of the case related fatal defect in the oath of ministers.This Legal firm during this period was running with the poor hare and hunting with the hounds. Anyhow Sri Ramakumar ,the advocate failed in his duty to assist the court in upholding even the text of Indian Constitution.
The petitioner’s advocate sri Ramkumar admitted his incompetency to file a Review Petition against the Judgement and graciously issued his no objection certificate for engaging any other advocate
Sri M G Radhakrishnan ,a vetaran journalist and a political observer with eagle eyes reported the manipulations committed by sri AK Antony a "saintly '"figure of indian politics to precarously hang on power on a venomously foul oath and executed his weird and evil against against the poorest and innocent people of kerala.
04 09 2003
Review petition against judgement discarding the text Indian Constitution was filed before the High of Kerala.
The councilors of Irinjalakuda muncippality were ousted from their office by the same Bench of the High Court of Kerala,who allowed the continuance of the then fake ministry headed by Sri AK Antony on a forged oath/affirmationof office instead of the text of oath /affirmation in Indian Constitution,on the ground that their oath/affirmation made and subscribed before the authorized Returning officer omitted the words’and will uphold the sovereignty and integrity of India’,as per section 85of the Kerala municipality Act 1994.
Notes for argument in the Review Petition was filed in the High Court of Kerala 26-01-2004 Republic Day Greetings was sent to the President ofIndia Sri Abdul Kalam.It was also prayed by this author to include Kerala stete also in the Constitutional scheme of India by taking appropriate action to redeem the people of Kerala from the vicious grip of some politicians at the helm on oath to rule without love.
Petition for impleading Secretary,ministry of Law,Justice and Company Affairs (Legislation Department) in this litigation impacting the very existence of Constitutional democracy was also submitted in the Registry of the high court .
World Fools’ Day Judgement
01 04 2004
In India also nowadays the western practice of celebration of this day as fools’day of jokes,hoaks and pranks has become popular among urban people because of their affinity to western practices. Matters related to foolery alone cannot be can be ignored by themfrom these practices . According to Joseph Boskin,a Professor of Hitory at Boton University’In away,it was a serious day(fools’day) .In those times fools were really wise men.It the role of jesters and fools to put things in perspective with humour.It is explained by him that the practice of celebration of fools’day began during the reign of Constantine when a group of jesters and fools told the Roman emperor
that they could do a better job of running the empire.With a sense of amusenment and hilarity, Constantine told Kugel ,a renowned jester to be an emperor for a day.The emperor of this day passed an edict calling for absurdty on that day, and the custom began an annual event. But this day witnessed an epoch making event in Indian Judicial history as a Division bench of Kerala High Court courageously declared that it is not appropriate to rule the people “without love “ in Constitutional democracy of India.Moreover,this Bench in its wisdom of this day passed strictures against the petitioner for failing to make a prayer” to cancel all the orders issued by the cabinet” or for declaration that the cabinet should not function as it has taken an incorrect oath while assuming office.” “The most incredulous and surprising facet of this Judgement was the following: Contention regarding mistake in the Malayalam translation of oath administered to the Ministers was taken only to quashExtsP1 andP2.They were already withdrawn.Nothing survive further..Hence there is no ground to review the Judgementin the OP,The Review is dismissed.” The only thing true in the above observation of the Court is the sentence”Nothing survive further.”Because by the state philosophy of”without love nothing including truth will survive. It will totally destroy everything as happened in Hiroshima.This Judgement destroyed Truth as up untill now after more than eight years after pronouncement of this
This Original Petition was dealt by Court _One of the High Court of kerala headed by the Chief Justice as it was a high profile case related to the authority of a Govt in Indian republic headed by a cabinet taking an oath to rule people without love. But this case was transferred to another Bench.In this Court to ensure that Justice was brutally travastised.
At the time of hearing this author personally presented the case according to the argument note already submitted.It was vehemently prayed to implead the Secretary, Ministry of Law,Justice and company Affairs as the issue involved in this case was also the unity and integrity of Indian NationIt is a fact that Advocate Sathyakan, the Counsel for Govt had not spelt any word during the hearing.He also had not filed any affidavit stating that the orders of the Govt
impugned in the petition, were withdrawn.as observed in the judgement.It is not known whether any informalcommunication was passed
to the judges by the then chief minister Sri AK Antony on this matter. It is a quirk of fate that Advocate Sathyakan was removed from his post for the faulty observation in the judgement.He,became a scapegoat in the altar of injustice
The most shocking and shameful manipulations and chicaneries committed by the then chief minister of kerala Sri A K Antony was reported by an English Daily The Hindu, many days after the pronouncement of judgement.But the core part of the the judgement passing strictures challenging the very foundation of the cabinet led
by sri Antony on ugly oath ridiculing the concept of democracy was lost in the edition of this report.Nonetheless,this report was gratifying as other papers and also visual media had fully blacked out the outcome of this case having tremendous public importance.
In the 8th session of the 11th Kerala Assembly on this day the respondent ,the then Chief Minister A K Antony, in the above case with a pretence of innocence answered to a question of an MLA Smt P K Sreemathy that he had not submitted in the Court that the impugned orders were withdrawn,contrary to the fact expressed in the Judgement.
The Chief Secretary of Kerala was again petitioned to honour the submission before the High Court that the impugned orders will be withdrawn.This foolish man also has not taken any step to evict the ministers holding office without taking constitutional oath as clearly indicated in the Fools'day Judgement.
Despite the veiled but scathing observation of the Court in theFools’day judgement ,bulldozing the legal sanctity of the continuation of the ministry led by Sri A K Antony has not relinquished his office.As the media had fully skirted this matter,the enlightened civil society also failed to react against this unruly behavior of this wily politician.Hence, this author on this day petitioned the President Sri Abdul Kalam to defend the constitutional democracy of India by extending the true spirit of it , also to the people of Kerala ,ending the discrimination for many decades treating people as slaves denying the lofty values of Indian Constitution which was given to other though not in in full measure.The same petition was forwarded to the.President on 09-08-2008. On a subsequent date,as advised by a tamil friend,a copy of this petition was forwarded toSri T K Viwanathan,Secretary, Ministry of Law and justice,govt of India and this yielded relief to the enlightened citizens of kerala who are outraged and disaffected over the insult inflicted on Indian nation by the poweful and power hungry politicians of kerala.It is reliably learnt by this author that it was due to the patriotic interference of this honourable officer of Indian govt that the honour of Indian Constitution was retrieved. This veteran civil servant of Indian govt is now the Secretary General of the lower house of Indian Parliament-The Lokh Sabha.
On advice of Sonia Gandhi,the AICC president, during this day of her visit to Kerala to attend a ceremany at the world famous spiritual centre at Sivagiri,Varkala,dedicated to Sreenarayana Guru, Sri A K Antony,the usurper of office, reluctantly relinquished office.The President of the oldest party in India did not apologised to the nation for allowing her party leader Sri Antony for committing the crime of treason by usurping political power in an extra constitutional means-rejecting constitutional oath and adopting a forged one
It is condition for getting registration/ recognisation from election commission of India that the association or body approching the commission shall include in there memorandum or rules and regulations of the assosiation or body shall bear truth faith allegiance to the costitution of India as by law established, and to the principles of socialism, secularism, and democracy, and would uphold the sovereignty, unity and integrity of India.But the Election Commission of India bound by oath/affirmation to keep true faith and allegiance to the Constitution allowed the politicians who condemned the Constitution by its abandonment to hold elected Constitutional posts.
On this day Ms jayalalitha was sworn in as the Chief Mionister of Tamil Nadu. in a spectacularr ceremony at the Madras University Auditorium Governor of Tamil nadu Sri Rossaiah administeredthe oath of office as per the Constitution.
The Hindu ,the national daily of India got disturbed as a shorter version of national anthem was played at the beginning of the swearing-in ceremony and it was sensationally reported in the front page of that paper on 25-05-2015.Nowadays this popular daily is very meticulously watching such issuesrelated to the nation .But this daily owned by Tamil intellectuals failed to report about thr forged oath taken by the politicians of kerala led by Sri AK Antony when they took an oath/Affirmation of office while assuming office as ministers of Keraln on 21-05-2001 and a subsequent date. When this issue of forged oath of office was taken up by an organisation of Secreteriat employees led by this narrator it was not reported by this paper on the ground that this matter has been brought to the fore not by high profile intelectuals or legal luminiaries.>it is unfair to ignore the fact when this egregios constitutional violation was brought to the Hihg court of Kerala,this paper gave front page publicity to it. Again when the court declare the ugly oath of office sri Antony unconstitutional and aspersion on his authority to continue in office,this paper,the news was covered up to please sri Antony then unautorisedly occupying CM,s office.But Antony was compelled to demit office on 29-08-2004 due to circumstances related to the Court verdict on April 2004.The occupancy of ari Antony in the Chair of CM of Kerala from 01-04-2004to 29-08-2004 was due to the massive cover up of thedetails of the court verdict bytbnhe media of Kerala .On 31-08-2004 Sri Oomen Chandy assumed the office of CM of Kerala taking the constitutional version of oath instea of the forged one adopted by Sri Antony.
After the demission of office due to ugly/forged oath scam sri Antony was humiliated and leadind a secluded life for a few month..Extending sympathy to him a veteran news Correspondent Sri C Gouridasan nair in an interview presented him in Surya Channel in a positive manner to enhance his image tarnished then.In.the intreview he had not troubled him asking the issue related to the forged oath which resulted in his demission of o office.Perhaps Sri Antony might have forgotten this service rendered by this poor jounalist who is always in the habit of helping bigwigs in trouble without getting any gratifications from them.