04 march 2010
The Hon'ble the Chief Justice Anil Dave
The Hon'ble the Bombay High Court.
Regarding: Padma Awards: Present criteria of selection is highly flawed, per se.
The petitioner comes to this Hon'ble court with clean hands and with neat prayers. This Hon'ble court is approached to obtain relief by way of directing the ministry of Information & Broadcasting, Govt of India, to make an objective assesment and report-whether undeserving people has received these prestigious civilian award.
Realizing the human motivation of recognition and in order to press a healthy competition among citizenries to engage themselves in social well being, awards are given to civilians to excel in their field of endeavour benefitting the humanity. The Government of India instituted on 2nd January 1954 Civilian awards known as Padma Awards. The categories are: Padma Vibhushan, Padma Bhushan and Padma Shri.
The most appropriate portion from where we should be drawing inspiration to decide who is most deserved for these awards is-- “Padma Awards are given for exceptional and distinguished service in any field including service rendered by Government servants.” This appropriate portion is culled from govt of India website: http://india.gov.in/myindia/padma_awards.php
And therefore it comes to my mind that only one word is here very important that should be our guiding factor in deciding who are deserving and finally who are deserving the most.
The word is-
“Service” and Service must be exceptional and distinguished.
Then next question crop up- how we should be defining Service ?
Service should imply the work/ contribution of a person- exceptional and distinguished in nature, be in any given field. Also in my view- the forms and degrees of service/ work/ contribution may differ but the basic idea remain the same that their Service has chiefly added something more to the quality of life of the people.
Whereas Sports persons are routinely conferred award yet Sports persons may not be given these Awards because separate Arjuna Awards have been constituted for achievement in Sports field. Moreover, excellence in Sports doesnt in anyway constitute 'Service' in the elementary sense of the word. Moreover, awards may be conferred to actors and actresses if they were found done some brilliant films inspiring social message to the society.
The recepients of Awards in 2010: When the issue of NRI Hotelier Sant Chatwal and of Bollywood actor Saif Ali Khan was raised as to how they could be given Padma awards, it was expected that the govt of India will make public the exceptional and outstanding contributions made by both of them to the Indian society. However, nothing so happened. Instead govt of India came with the public statement - nothing objectionable is found against Sant Chatwal. May it be said here that these prestigious civilian awards are conferred for exceptional and outstanding contribution to the Indian society, not because if someone has clean police record.
The alleged act of Govt of india of giving Padma Awards to undeserving people and their no justification for the same follows deserving people not getting these coveted Padma Awards, leading to arbitrariness on the part of govt, violating right to equality before law, i.e. violation of Article 14 of constitution of India. If it is found that undeserving persons have been conferred these prestigious awards then this Hon'ble Court under Article 226 of Constitution of India can give authoritative directions to the 'State' as defined in Article 12 of Constitution of India.
The Indian experience with regard to the Executives over six decades has been one of exploitation darkening into misgiving, misgiving deepening into despair and despair exploding as adventurist violence. The catagorical imperative for stability in democracy is, therefore, to see that every instrumentality is functionally kept on course and any deviance or misconduct, abuse or aberration, corruption or delinquency is duly monitored and disciplinary measures taken promptly to make unprofitable for the delinquents to depart from the code of conduct and to make it possible for people, social activists, professional leaderships and other duly appointed agencies to enforce punitive therapeutics when culprits violate moral-legal norms.
Therefore this Hon'ble Court is requested to take cognizance of this letter.
Please find complete list of awardees this year 2010:
Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile Parle West, Mumbai- 400056.