SOS e - Clarion Of Dalit

IT IS A FORUM TOWARDS PROTECTING THE CIVIL , HUMAN RIGHTS OF THE OPPRESSED - DALITS , MINORITIES & TRIBALS.The Criminal - Police - Politician - Judge - Criminals Nexus is trying to silence me in many ways. If anything untoward happens to me or to my dependents CHIEF JUSTICE OF INDIA together with jurisdictional police & District Magistrate will be responsible for it. Secure Mail : Naag@torbox3uiot6wchz.onion

Tuesday, January 27, 2009

Guns & Roses

e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed editor: NAGARAJ.M.R VOL.3 issue. 04 28 /01 / 2009 EDITORIAL : GUNS N' ROSES – international war crimes tribunal 9 / 11 WTC attack , 26 / 11 MUMBAI attack , bomb blasts in pakistan India, U.S.A , U.K , Pakistan and various other countries have given birth to & supported various terror outfits, all with the objective of widening their area of influence, to get hold of governance of other countries, to loot resources of other countries. At no time they were bothered about the welfare of innocent people in those victim countries. Now, when the Frankenstein monster they fathered TERRORISM is haunting them , came home to roost in their own backyards , all these countries are crying foul. Take for instance Pakistan , it has got enough problems on hand , poverty , unemployment , malnutrition , hunger , illiteracy is rampant in Pakistan. Ordinary Pakistanis are suffering, ordinary Pakistanis does not need neither war nor jihad , what they need is food , healthcare , education for their children. Take for instance india, it has lot of problems on hand like starvation, lack of education , health care, etc. The GOI says it doesn't have enough funds to solve these problems. These problems are of pre-independece vintage, increasing multifold after independence of india. Still the government of india spent crores of rupees on training , arming of tamil terrorists in srilanka , unnecessarily poked it's nose in east pakistan creating bangladesh, created terrorist outfits in punjab & northeast to counter the influence of other terrorist outfits. ALL THE WHILE PREACHING PANCHASHEEL PRINCIPLES – peaceful co-existance , respect for neighbour's boundaries, etc, in the same breath. What ordinary Indians , commonfolk need is food , shelter , healthcare & education. Take the case of USA , from the beginning since decades , it is the habbit of US administrators, britishers to sow the seeds of discontent between two countries , make them to go to war with each other ( simultaneously selling military hardware worth billions of dollars to those same countries by the way making profit in billions ) & to finally play the role of a truce maker thereby getting a foothold in the newly formed government plus getting reconstruction projects worth billions of dollars leading to profit of billions. Just remember the US invasion of iraq , citing presence of WMDs, finally nothing was found. However USA made billions of profit by business. The common folk of whichever country , whichever religion you take , does not want war , everybody wants peace. The common folk need food , shelter , healthcare & education. It is the scheming politicians who go on the path of violence. POOJYA BAPUJI's , MAHATMA GANDHIJI's principles of non violence , non interference in the affairs of other individuals / other countries , love / compassion for fellow human beings is much relevant today. Hereby, e-Voice of human rights watch urges the international war crimes tribunal , to order the respective governments who aided terrorism ,to pay damages to victim countries. Jai hind. Vande mataram Your's sincerely, Nagaraj.m.r. CRIMES OF U.S PRESIDENT From the day one the government of u.s.a is selfish & violating the rights of other countrymen. During cold war days , to expand it's influence & to give more business for u.s arms manufacturers , the u.s.a sowed the seeds of terrorism in various countries & nurtured them through arms & finance supply , training. The AL-QUEDA & TALIBAN are it's own babies. The president bush of U.S.A was sufferring from low image ratings , the domestic economy was facing a slump , so to improve his own rating & bring more business to u.s industries , he schemed an inhuman ruthless plan. He wanted to take control of afghanisthan & iraq. He needed a ruse to invade them & concocted one murdering his very own countrymen. human rights watch has doubted the authenticity of 9/11 in it's articles months ago. it is just a ploy of the bush to divert attention of public from his dipping ratings , domestic problems like unemployment , economic lows and more importantly to find rather fabricate a reason for attacking the arab world , iraq. finally , to help it's MNCs mint millions in reconstuction , oil contracts, etc. it is a savage act of bush for green bucks. SEPTEMBER 9/11 WAS PLANNED !!!! VISIT : http://www.neiu.edu/~ayjamess/hmmm.htm#Main The government of U.S.A thrown all international conventions into wind , lied about weapons of destruction in iraq & invaded a sovereign country iraq. Still , it was unabale to find any weapons of mass destruction in iraq. In it's greed for power , green bucks , it inhumanly tortured prisoners , took them to 3rd countries for torture , bugged phones of u.s citizens & violated human rights of u.s citizens. In his ego , greed mr.bush has violated all human rights of not only u.s citizens but also human rights of innocent iraqis , afghans , etc & thrown all international laws into winds. Now, the president himself has acknowledged the intelligence failure in iraq but defended his iraqi invasion. Mr. Bush will be remebered in the history books as a GREATEST LIAR , INHUMAN SCHEMING MEGALAMONIAC & GREEDY OLDMAN. AMERICA INTROSPECT YOUSELF By a reader I agree with you as the issues you have raised are very valid. US was least bothered about terrorism , when it was hitting other countries. Terrorism has been there for a long time now in many countries.But when it affected the US then they came out with this concept of " War against Terror". My question is if they were genuinely interested in curbing terrorism, where were they earlier. Because of their policies, which at times are not in the interest of nations or groups, they are being targeted. Its greed, which is behind these policies. The greed to contol other places, and become more powerful. Look at the average American Citizen, he is always in fear about attacks. Recently during the bomb blast in New Delhi, saw the Americans fleeing the capital first. Recently there were some issue in the group about Exploitation and Slaves. Well, you look at the history, whenever there has been any supression on individuals, groups or countries, there has been a revolt. How long can one tolerate the attrocities ? Kashmir is also related to this problem. Kasmiri Pandits were in control of all the power and held key positions, and Kashmiri Muslims were neglected, thus came in this terrorism issue in Kashmir. Coming Back to US, it never does anything, without their own vested interest. Why did the US attack Iraq in the first place, was Saddam the real reason? I guess, no. The UN inspection teams came down to Iraq to look out for Weapons of Mass Destruction. Did they find anything???? No. US has very sophisticated technologically advanced intelligence systems, wherein they keep a tap of everything thats happenning around. Just think for a moment, if a Company like Google can display defence establishments and other sensitive information on its website, Google earth, can you really believe that the US Intelligence would be lacking anyway behind? They very well knew that there was nothing in Iraq but still attacked. A couple of days ago there was a news item which highlighted a former US political figure quoting " That guy (Saddam) is sitting on the Oil,and we can't stand it". Where ever they are supporting, something or the other, there must be some interest at the background. So, what is it in case of the Gujarat Riots ? I guess we need to find out this first. These were some thoughts which came to my mind and hence wrote it down. In the Name of Democracy American War Crimes in Iraq and Beyond by Jeremy Brecher, Jill Cutler and Brendan Smith Brandon Hughey was a private at Fort Hood when he discovered that his army unit was about to be sent to Iraq. The eighteen-year-old from San Angelo, Texas, was desperate-not because he was afraid to go to war, but because he was convinced that the Iraq war was immoral. He considered solving the problem by taking his own life. Instead, he got in a car and drove to Canada. He explained, "I would fight in an act of defense, if my home and family were in danger. But Iraq had no weapons of mass destruction. They barely had an army left, and [UN Secretary-General] Kofi Annan actually said [attacking Iraq was] a violation of the UN charter. It's nothing more than an act of aggression. You can't go along with a criminal activity just because others are doing it." If, as the Bush administration has maintained, the United States is fighting in Iraq to protect itself from terrorism, free the people of Iraq from tyranny, enforce international law, and bring peace and democracy to the Middle East, then war resisters like Brandon Hughey appear deluded if not cowardly and criminal. But what if Private Hughey is right? What if the U.S. operation in Iraq is "nothing more than an act of aggression?" What if it indeed constitutes "criminal activity"? What, then, is the culpability of President George W. Bush, Defense Secretary Donald Rumsfeld, and other top U.S. officials? And what is the responsibility of ordinary Americans? Until recently, the possibility that top U.S. officials were responsible for war crimes seemed to many Americans nothing but the invidious allegations of a few knee-jerk anti-Americans. But as more and more suppressed photos and documents have been disclosed, and as more and more eyewitness accounts from prisons and battlefields have appeared in the media, Americans are undergoing an agonizing reappraisal of the Iraq war and the broader war on terror of which it is allegedly a part. the evidence There are three sets of questions regarding possible U.S. war crimes in Iraq. The first set of questions concerns the legality of the U.S. attack on Iraq under international law. Secretary-General Kofi Annan of the United Nations stated shortly before the attack that the UN Charter is "very clear on the circumstances under which force can be used. If the U.S. and others were to go outside the Council and take military action, it would not be in conformity with the charter." He subsequently stated that the invasion of Iraq was "not in conformity with the UN Charter, from our point of view, and from the Charter part of view, it was illegal." The U.S. admission that Iraq had no weapons of mass destruction, and the growing evidence that the United States fabricated the evidence on which that charge was based, has provided added weight to Annan's view. The second set of questions involves the possible illegality of the U.S. occupation of Iraq and its conduct. The seriousness of such questions was recently underlined by the warning of Louise Arbour, the UN High Commissioner for Human Rights, that those guilty of violations of international humanitarian rights laws-including deliberate targeting of civilians, indiscriminate and disproportionate attacks, killing of injured persons, and the use of human shields-must be brought to justice, "be they members of the Multinational Force or insurgents." The military technology the United States is using in Iraq, such as cluster bombs and depleted uranium, may be illegal in itself. Under Article 85 of the Geneva Conventions it is a war crime to launch "an indiscriminate attack affecting the civilian population in the knowledge that such an attack will cause an excessive loss of life or injury to civilians." A UN weapons commission described cluster bombs as "weapons of indiscriminate effects." A reporter for The Mirror (United Kingdom) wrote from a hospital in Hillah, "Among the 168 patients I counted, not one was being treated for bullet wounds. All of them, men, women, children, bore the wounds of bomb shrapnel. It peppered their bodies. Blackened their skin. Smashed heads. Tore limbs. A doctor reported that 'All the injuries you see were caused by cluster bombs'...The majority of the victims were children who died because they were outside." The third set of questions has to do with the torture and abuse of prisoners in U.S. custody. This has been a huge but unresolved issue since it was first indelibly engraved in the public mind by the photos from Abu Ghraib prison. Cascading disclosures have revealed that torture and other forms of prisoner abuse have been endemic not only in Iraq but in Afghanistan, Guantanamo, and many other U.S. operations around the world. facing the implications The possibility that high U.S. officials may be guilty of war crimes and may be preparing to commit more raises questions that few Americans have yet faced. These questions go far beyond technical legal matters to the broadest concerns of international security, democratic government, morality, and personal responsibility. Part IV presents perspectives from a variety of disciplines and political viewpoints designed to help us address those questions. The UN Charter, the Geneva Conventions, and the principles of international law, while all too often violated, have provided some basis for international peace and security. What is the likely result of following the advice of the Bush administration's John Bolton that it is "a big mistake for us to grant any validity to international law"? Is it likely to be greater freedom and security, or an unending war of all against all? Are the American people-not to mention the people of the world-ready to abandon the international rule of law and return to what Justice Jackson called "a system of international lawlessness"? resisters Some of the most difficult issues are faced by those in the military and the government who may be directly complicit in war crimes. Some have said no to participation in the war in Iraq and the cover-up of related criminal activity. Specialist Jeremy Hinzman of Rapid City, South Dakota, joined the Eighty-second Airborne as a paratrooper in 2001. He wanted a career in the military and did a stint in Afghanistan. Then he was ordered to Iraq. "I was told in basic training that, if I'm given an illegal or immoral order, it is my duty to disobey it. And I feel that invading and occupying Iraq is an illegal and immoral thing to do." In September 2004, Stephen Funk, a marine reservist of Filipino and Native American origin was tried for refusing to fight in Iraq. "In the face of this unjust war based on deception by our leaders, I could not remain silent. In my mind that would have been true cowardice...I spoke out so that others in the military would realize that they also have a choice and a duty to resist immoral and illegitimate orders." In December 2004, the Hispanic sailor Pablo Paredes reported to his ship in San Diego Harbor wearing a T-shirt reading, "Like a cabinet member, I resign." Refusing to help take troops to Iraq, the Bronx native said, "I don't want to be a part of a ship that's taking three thousand marines over there, knowing a hundred or more of them won't come back...I'd rather do military prison time than six months of dirty work for a war that I and many others do not support. War should be an absolute last resort...Never in a million years did I imagine we would go to war with somebody who had done nothing to us." halting war crimes Under the principles established by the Nuremberg and Tokyo war crimes tribunals, those in a position to give orders are responsible for war crimes and crimes against humanity conducted under their authority. But responsibility does not end there. Anyone with knowledge of illegal activity and an opportunity to do something about it is a potential criminal under international law unless the person takes affirmative measures to prevent the commission of the crimes. Crimes are ordinarily dealt with by the institutions of law enforcement. But those institutions are largely in the hands of people who may be complicit in the very crimes that need to be investigated. Can they be held accountable? Or can war criminals forever act with impunity? The problem of a government that is ostensibly democratically elected but that defies actual accountability is one that citizens in many countries have faced at one time or another. We can take inspiration from the way citizens from Serbia to the Philippines and from Chile to Ukraine have utilized "people power" to block illegal action and force accountability on their leaders. We can similarly take inspiration from resistance to illegitimate authority in our own country from the American Revolution to the Watergate investigations that ultimately brought the Nixon administration to account for its criminal abuse of power. in the name of democracy If war crimes are being committed, they are being committed in the name of democracy. Their ostensible purpose is to extend democracy throughout the world. They are committed by a country that proudly proclaims itself the world's greatest democracy. Such acts in Iraq and elsewhere represent, on the contrary, the subversion of democracy. They reflect the imposition by violence and brutality of a rule that is not freely chosen. Such acts also represent a subversion of democracy at home. They represent a presidency that has denied all accountability to Congress, courts, or international institutions. As Elizabeth Holtzman puts it: "The claim that the President...is above the law strikes at the very heart of our democracy. It was the centerpiece of President Richard Nixon's defense in Watergate-a defense that was rejected by the courts and lay at the foundation of the articles of impeachment voted against him by the House Judiciary Committee." It denies the constitutional constraints that have made the United States a government under law. It subverts democracy in the name of democracy. War crimes represent the defiance not only of international but also of U.S. law. The effort to halt them is at once a movement for peace and a struggle for democracy. Civil Compassion? Three Earthquakes, A Genocide, Three Invasions And A World War by Aseem Shrivastava November 04, 2005 Civilization is on a mission from God to free the world from the evil of tyranny and bring democracy and human rights to all peoples of the planet. Presumably, there is human concern and compassion behind such a quest, more grand than any conceived in the long and glorious past of humanity. It is worth contemplating however, the shape in which this compassion appears. If the early signs in the twenty-first century are anything to go by, the coming decades look devastatingly ominous. Let us look at some examples. Consider this. Four years ago, in October 2001, Western civilization thought nothing of starving over 7 million poor innocents (themselves victims of the Islamic fundamentalists) in Afghanistan in order to exact revenge for 9/11 (and for failed oil negotiations) on the Taliban. These people relied on food delivered by aid agencies who were ordered to suspend operations by Washington in order to put their delivery vehicles out of the line of fire and make the bombing possible. At the time, Noam Chomsky described what was beginning to happen as a "silent genocide", for which the West and its democratic citizens were morally responsible. Fortunately the bombing campaign ended soon enough, food deliveries could be restored quickly and Western societies and their governments were relieved of a potentially colossal "embarrasment" (though the faithful corporate media would have ensured that nothing was heard about any genocide this side of the Suez). Fortunately, compassion did not come into question (except of course in the case of about 4000 civilian deaths, caused by US bombing). In March 2003 the US, the UK and their string of credulous cronies launched the morally unconscionable and legally criminal invasion of Iraq on false pretexts, putting at the mercy of their dreadful "Shock and Awe" campaign the lives of millions of people who had already suffered for well over a decade the effect of the murderous UN sanctions which had led to the deaths of a million people, half of them children (according to UNICEF). This habit of civilization, whereby it employs starvation as a means of warfare has hardly ended in Iraq. BBC reports UN human rights investigator, Jean Ziegler, as having accused the US and British forces in Iraq of breaching international law by depriving civilians of food and water in besieged cities. "A drama is taking place in total silence in Iraq, where the coalition's occupying forces are using hunger and deprivation of water as a weapon of war against the civilian population," Ziegler told a news briefing in Geneva a few days ago. Since the war on terrorism was launched by Washington, 49 months of the most hectic manhunt in history by the most powerful and wealthy state known to man have not yielded Osama Bin Laden (something that truly makes one wonder whether there was ever a clear intention to get him in the first place!). Meanwhile, taking both the Iraq and Afghanistan campaigns into account, somewhere between 110,000 and 130,000 people (we cannot know exactly how many since it appears, after Katrina, that Washington barely keeps track even of its own dead), who had nothing to do with terrorism have been killed, hundreds of thousands have been wounded or maimed for life and the everyday lives of 50 million people subjected to hardship and hoplessness. As has been said repeatedly by commentators across the political spectrum, this has led predictably to an exacerbation, rather than an alleviation, of terrorism. Compassion? Iraq had been named in Bush's "Axis of Evil" speech in January, 2002. So had been Iran. Since the time when the first phase of the war on Iraq had been completed, Iran has repeatedly been brought up as Washington's next target, once again on grounds as suspect as those on which the Iraq invasion was launched. After getting promising support from IAEA members, the US Secretary of State Condoleeza Rice has recently been jetting around the world trying to convince global powers why an invasion of Iran is necessary to make the rogue state behave itself in nuclear matters. The Western media has made the world forget that Iran suffered a massive earthquake in December, 2003. Over 25,000 people died and hundreds of thousands were rendered homeless. Six months later there was another major earthquake which led to the loss of almost a thousand human lives. None of this, however, has prevented the West from seriously contemplating "action" against Iran. Britain, France and Germany have all succumbed to Washington in applying pressure on a country that has suffered natural disasters so recently, other than having to bear the burden of economic sanctions led by the US. In October 2005 it has been Pakistan's turn to endure nature's cruel fury. In the recent earthquake over 50,000 people have died and at least 2 million rendered homeless. There was an urgent request made to rich countries by President Musharraf for helicopters to deliver relief and supplies to Kashmir. The US could only spare eight from their obviously more important operations in Afghanistan. Britain could spare none. (Only some minibuses were sent!) Aid pledges made by both governments are embarrasingly insignificant and are exceeded by private collections which are already being sent. Meanwhile, just yesterday (October 17), The Independent reported that Tony Blair has ordered a new generation of nuclear weapons to replace the existing Trident fleet at a cost of billions of pounds. Blair had also made a peace-making visit to India and Pakistan a few years back (just before the two countries had engaged in the Kargil conflict in Kashmir) and returned after selling over a billion pounds of weapons to both sides (an old empire tradition, welcomed by ruling elites in the poor countries, and good for the world economy). Did compassion guide the deals? Finally, take the case of Darfurs in Sudan, where the ruling Islamic fundamentalists have been busy overseeing a genocide in which upto half a million black African farmers and their families might have already been killed over the past two years in order to clear their farming land for drilling oil and setting up pipelines. British, Chinese, Indian and Japanese oil companies are already in the fray. US companies want their share of the booty, though a law passed under Clinton (remember he ordered the bombing of the pharmaceutical factory in 1998) prohibits trade with Sudan. This situation is changing since Condoleeza Rice took over the office of Secretary of State this year and US oil companies are beginning to do business in Sudan. So, even if Rice's predecessor, Colin Powell (under pressure from Christian and African-American groups in the US) had designated what has been happening in Darfurs as a "genocide", no military intevention has been forthcoming from the Western powers (just like in Rwanda) to stop it. Compassion somehow always gives way to oil pressure! As their leaders scrape the depleted barrels of their humanity, citizens of democratic societies in the West urgently need to ask themselves why they tolerate such open hypocrisies from their elected representatives. At present it is mostly the inhabitants of poor countries who pay the price for these mass-deceits. But the time is hardly far when citizens of Western democracies will be footing increasing portions of the bill too. In fact, this is already happening, if one takes into reckoning the growing burden of war taxes, lives lost to war and terrorism, the pressure of immigrants from regions of the world impacted by war, poverty and tyranny, a rapid erosion of democratic rights (in the form, among other things, of anti-terror legislation and the muzzled media, not to speak of the various forms of thought control exercised on and within the academy) and, not the least important, the corrosion of the moral sense which, two world wars notwithstanding, has thus far sustained these societies in the past. It is a matter of unspeakable astonishment that when so much stands to be lost in the West, most people are numbly going about their daily business, not paying much heed to the happenings of the world. The alternative to a serious internal reckoning by the West is the mounting nihilism and narcissism of consumer society which, in a world as interconnected as ours (in which, for instance, the availability of products ranging from lipsticks to Jaguars relies on an on-going supply of cheap oil and resources from other countries) is not merely solipsistic thoughtlessness about the sufferings that billions go through in order for the posh and privileged to go on with their indulgent ways. It is ultimately a recipe for catastrophe. This is no time for compassion fatigue. Even vaguely enlightened self- interest should suggest large-scale collective action to re- democratize the democracies. Nobel-prize winning Indian poet Rabindranath Tagore had written in 1916, in the midst of World War I: "the West must not make herself a curse to the world by using her power for her own selfish needs." However, he also wrote that "in the so-called free countries the majority of the people are not free, they are driven by the minority to a goal which is not even known to them." By the time he was on his death-bed in 1940, in the midst of World War II, more evidence had appeared of the declining human condition in the West. Tagore then wrote that "the failure of humanity in the West to preserve the worth of their civilization and the dignity of man which they had taken centuries to build up, weighs like a nightmare on my mind." The holocaust in Germany and the bombs dropped on Hiroshima and Nagasaki, fours years after Tagore's death, made the nightmare visible to the world. If the US instigates an invasion of Iran - either by using a staged attack on Israel as a trigger or by blaming Iran for its self-created mounting mess in Iraq or by simply aiming to stall its nuclear programme, and all, in the end, only to regain control over Iran's oilfields that the 1979 revolution took away - then all bets are off. Whether the world stands or falls after that is anyone's guess. Of one thing one can be sure. They who claim the guardianship of civilization today are its worst traitors and can know nothing about compassion. For that they have to achieve the impossible feat of humbling themselves to the level of those two school-teachers in Muzaffarabad, Kashmir who, when the earth below them was trembling with rage ten days ago, stood in the way of a falling wall and sacrificed their lives to save the many children who would otherwise all be dead today. Aseem Shrivastava is a free-lance writer. He can be reached at aseem62@.... Judging the Indian Judges – citizens of india vs supreme court of india Crimes Chief Justice of Supreme Court Of India , Union Home Secretary & Director-General of Police for Karnataka - RTI Act violations , constitutional rights & Human rights violations The above stated public servants have failed to provide full information to us ie HRW as per RTI Act , thereby covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise of my FUNDAMENTAL DUTY as a citizen of India. However the above stated public servants preferred to violate law themselves & to protect the criminals. The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too of apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM. Our motherland India & our democracy faces greater threat to it's unity , integrity , national security , economy , from our internal enemies – corrupt public servants. In India no constitutional authority is supreme or unaccountable. Citizens of India are supreme an every constitutional authority is accountable to them. Here with whole hearted respects to all constitutional authorities , we request the honourable chief justice of India to study all articles in this news paper in detail & to answer all questions in public. Questionnaire is available at http://judgingindianjudges.rediffblogs.com/ , http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , BHOPAL GAS TRAGEDY 1984 -Bhopal, India At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper safety measures and fully implemented it in practice, at it's plant in Bhopal. The Government of Madhyapradesh through it's labour department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation (U.C.C) at it's Various plants in the U.S.A. The U.C.I.L. didn't give community training to residents of nearby localities, to cope up with emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety practices, as it treated Indian lives as cheap. The government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title deeds just months before the tragedy in 1984. Now, refer the following:- 1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India got him released. 2. In 1985, Government of India enacted "Bhopal claims Act" took- away the right of appeal of all the Gas tragedy victims & declared itself as the sole representative of all victims. This said act itself is violative of victim's fundamental & human rights. The victims didn't choose Government of India as it's representative under will, agreement, trust or pleasure. 3. The paradox of this "Bhopal claims Act" is that, Government of India which is also a party to the crime, tragedy, itself is the appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by Government of India. 4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L 5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil & Criminal proceedings 6. Even the Government of India didn't present the case of victim's-gas tragedy victims, properly before the U.S.courts, where the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India & Government of India, here to safeguard Indians and to safeguard Justice? After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the victims, till date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims. Particularly in the case of "Bhopal Gas Tragedy" the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C. Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it's subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly guaranteed revenue, Enron threatened to invoke, open the "Eschrew Clause" with the Government of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely Government of U.S.A. would have stepped into the scene to protect it's MNC. Hypothetically, In the same vein if Enron has caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government of U.S.A. to step in & pay-up. In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to cough-up the sum. Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I / M.N.Cs to India. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/ investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be transparent ? An appeal to honourable supreme court of USA & HE Honourable president of USA Mr.Obama Your government protects all Americans, all American companies both inside America & abroad. If an American tourist is murdered in a third country , American investigators fly over to that country to conduct investigation in total disregard to local laws. In the same way , if the interests of an American company is threatened in a third country American government goes to it's rescue. However , when an American company butchers , causes mass man slaughter in a third country , as an American company did in Bhopal India , no action by American government. Still the said American company has not removed , cleared the accident site of poisonous debris at Bhopal India since decades and still causing mass man slaughter , no action by American government why ? Some US based companies are selling soft drinks , food products , medicines , drugs in third world countries , which are causing grave health damages to the public. The quality standards of these products are fit cases of rejections by US FDA. Some US companies are selling drugs ( which are banned in the USA ) to third world countries , still us companies are exporting such dangerous medicines , foods to third countries . no action by US government , why ? is it because you think that the lives of non Americans are cheaper than Americans ? Hereby, I do request your kindself , 1 . to initiate criminal prosecution against US based key management personnel responsible for Bhopal gas tragedy . 2 . to make either the respective company management or US government to pay compensation to victims of Bhopal gas tragedy on par with American lives , as if the same tragedy happened in the USA itself. 3 . to order the management of the said company to clean up Bhopal off poisonous debris , from the accident site at their own expense. 4 . To legally prosecute US exporters & US based companies selling products ( which violates US FDA regulations or banned in the USA for domestic consumption ) to third countries. edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313 home page: http://groups.google.co.in/group/e-clarion-of-dalit/ , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ , e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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Sunday, January 18, 2009

Corporate Frauds Of India

e - Clarion Of Dalit - Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

editor: NAGARAJ.M.R VOL.3 issue. 03 21 /01 / 2009

EDITORIAL : SATYAM CO FRAUD - ARE YOU SINCERELY READY TO CATCH TAX THEIVES , CORPORATE CRIMINALS ?

- AN APPEL TO UNION FINANCE MINISTER & KARNATAKA STATE FINANCE MINISTER

Corporate fraud is nothing new to india , satyam company is just a new addition to it. Satyam co was able to commit such a huge fraud & keep it under wraps for years goes to prove the honesty , integrity of our public servants , government officials belonging to SEBI , RBI , tax dept , pollution control , labour depts. , etc & the honesty of auditors & company secretaries. Ofcourse , still there are few honest people in public service , auditing & company secretaryship , but majority of them are hand in gloves with corporate criminals. Definitely , this fraud will also be brushed under the carpet after certain time as other frauds happened , afterall these frauds are the money spinners for political party funding , mafia , underworld & other criminal activities.

In india , tax compliance is worse. In our criminal justice system, there is rigorous imprisonment for a pick-pocketer stealing Rs.10. even the authorities spend thousands of rupees in legally prosecuting him & the thief spends a year or more as punishment behind bars. Where as there is no commensurate investigation nor legal prosecution nor punishment for corporate thieves , evading tax to the tune of crores of rupees. In contrast, those tax thieves pay a part of that booty to the ministers & political parties and get crores of rupees tax exemptions , incentives from the government. Government is rewarding corporate criminals.

The tax officials of central & state governments are hand in glove with these corporate criminals & traders. For a price, they are helping corporates & traders in evading tax. Most of the tax officials are wealthy & leading luxurious lifestyles , much beyond the scope of their legal income. The black money thus generated every year by tax evasion , is many times more than our total annual budget allocation. As a result, all our fiscal reforms fail & inflation is soaring. This black money is the source of illegal funding of political parties , terrorist outfits & underworld. It is a greater threat to national unity & integrity.

Both the central government & karnataka state government have failed to collect the full , actual tax dues from corporates & traders. As a result , the governments don't have enough money in their coffers even to provide basic needs like health care , education , safe drinking water , etc to the poor & needy. For every Rs.100 tax evaded , one poor patient is dying without medical care , 10 poor persons lack education , 100 persons don't get safe drinking water , 100 persons barely survive on a single piece meal per day , 20 persons starve. Most of The government officials , ministers & people's representatives who have deliberately failed in their duties of tax collection & welfare of poor citizens , SHAMELESSLY indulge in luxurious lifestyle at the expense of poor tax payer . they live in paltial bungalows , chauffer driven AC cars , all living food expenses paid by exchequer , dine at 5-star hotels , only drink bottled mineral water , eat non-vegetarian dishes , drink alcohol sitting before mahatma gandhi's photograph & preaching mahatma's ideals. Mahatma preached & practiced simple living , vegetarianism & he was teto teller , he paid for his expenses from his earnings . these public servants are parasites , who are making merry at the expense of tax payer.

Some non government organisations ( NGO) have formed trusts and under the aegis of those trusts are running educational institutions , hospitals , community halls , etc , in the name of providing free / subsidised services like education , health care , etc to the poor. It is only in record books , they conduct fake medical camps , self employment training camps . in practice they are running these educational institutions , hospitals & community halls as commercial enterprises & collecting huge fees. they are not even remitting full fees collected to the trust account & swindling the money. no outsider is allowed to become a member of these NGOs , only their cronies & their family members are in these trusts.

Numerous NGOs promoted by religious bodies , mutts are swindling public & government money to the tune of crores of rupees. Nobody dares to question the heads , pontiffs of these mutts , as at his feet VVIPs , ministers fall down. These religious bodies are hot beds of fundamentalism , terrorism & mafia. Hwere is the accountability of religious bodies & political parties in in india ?

Inspite of bringing specific cases to the notice of authorities , they are mum ? hereby , E-VOICE OF HUMAN RIGHTS WATCH offers it's services ( subject to conditions ) to the governments of india & karnataka , in apprehending the criminals – tax evaders. Are you ready mr. singh sir & mr.Yediyurappa sir ? If you are ready to do your duty look into the following cases , take appropriate action & kindly inform me about the outcome.

Jai hind.vande mataram.

Your's sincerely,

Nagaraj.M.R.

MEGA FRAUD BY GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears waiver + non performing assets of banks to the tune of Rs. 200 000 crore

- An appeal to Honourable Supreme Court of India

India has become an IT power , taken giant strides in the field of science & technology. More & more MNCs are investing in India. However due to our skewed , corrupt economic system , lack of accountability on the part of corporates & public servants – a wide chasm has been created between the ultra rich & the poor , the fruits of development has all been usurped by the rich & mighty. This is the basic reason for growth of black economy , growth of naxalism , terrorism & underworld in India. As per a recent study by UN organization , majority of Indians ie more than 50 crore Indians are barely sustaining on Rs.13 per day earnings , a whole family depends upon Rs.13 , they are struggling to get just single meal per day. People are starving to death , farmers are committing suicides , people are selling their own children for a bag of grains. Whereas , corporate biggies , public servants are leading luxurious lifestyles , having big parties full of drinks , non-veg foods not at their papaa's expense but at the expense of public exchequer , out of the tax dues , loan repayments cheated to the public exchequer.

The banks insist on matching collateral security even for self employment / educational loans by poor for an amount of Rs.5000. if the loans are not paid in time , rowdies / recovery agents are sent by banks to collect the amount by muscle power. As a final step , banks auction-off properties of collateral security to recover it's dues. Even, the tax authorities mercilessly extract tax dues to the last penny from the middle class.

The same banks, overestimate the project cost of corporates , overestimate the project feasibility & it's worth and coolly extend hundreds of crores of rupees loans without matching collateral security. The banks extend overdraft facilities without matching collateral securities , to these corporates. When loans are not repaid, no rowdies are sent by banks. The promoters , directors of such tainted corporates drain – off the companies resources cunningly through insider trading , finally making the company sick. Such companies don't pay taxes , electricity bills , water bills , etc properly to respective authorities. The authorities are deaf , dumb & blind to all these actions of such corporates. At the end , banks write-off such loans as non performing assets (NPA) & file case before courts for recovery of dues. Even if the properties of collateral security are auctioned-off dues cann't be fully realized. Finally public money is swindled . ALL THIS IS POSSIBLE DUE TO THE CONNIVANCE OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION TO HONEST CORPORATES. How to stop this ? by making corporate accountability ,accountability of bank , tax officials more stringent with penal provisions . afterall , they are playing with public money not their papa's property.

Already , by the connivance of public servants , bank , tax officials we have witnessed many scams like harshad Mehta , ketan parekh , hawala , etc and more than Rs. 2000000 crore NPAs are on the books of the banks. Now, the government of India is planning to waive-off tax arrears of corporates to the tune of Rs.85000 crore , why ? read vijaya Karnataka kannada daily dated 04th January 2007. just look at this in the backdrop of "QUESTIONS FOR MONEY BY SOME MPs" and "MP LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL". The government is always unresponsive , careless towards the sufferings of poor , however it is always on toes to help out corporates that too criminal ones but not honest corporates. Why ?

HRW has extended it's services to GOI months back itself , to apprehend tax thieves , till date there is no reply from GOI , why ?

Hereby , E-VOICE OF HRW requests the Honourable Supreme Court of India to order GOI ,

  1. to make necessary amendments to companies act , to make the promoters , directors of the corporates personally accountable for all their actions.
  2. to constitute committees consisting of public persons with powers to scrutinize & verify all the actions of corporates for insider trading like – selling products , materials , shares to their sister concerns at discounted prices or buying products , materials , shares from their sister concerns at inflated prices or lending loans at discount rates to their sister concerns or taking loans from their sister concerns at high rate of interest or loaning materials , machines to their sister concerns , etc.
  3. to constitute committees consisting of public persons , to scrutinize & verify the annual personal tax returns filed by key bank officials & tax officials , who have amassed riches & leading luxurious life styles much beyond the scope of their legal known sources of income.
  4. to recover all tax dues , loan dues , etc from the corporates from the personal properties , wealth of promoters , directors of such companies.
  5. to put behind bar the key bank officials who have helped the corporates in swindling public money by overestimating project viability , worth and by overlooking the insider trading of promoters and still extending loans to them.
  6. to put behind bars tax officials who have helped such corporates in swindling public money.
  7. to take all the necessary help from public like as services extended by HRW in apprehending tax thieves.
  8. to recover & protect public money at any cost.
  9. to confiscate all money , properties possessed by directors of such criminal corporates & properties of corrupt bank , tax officials , public servants.
  10. to declare illegal black money kept by corporate criminals , politicians , etc in the banks of tax haven countries like Trinidad , Mauritius , Switzerland , etc as national property of India , as public property of government of India & to secure that money to Indian exchequer.

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ???? - improper functioning of democracy in india the vohra committee report has proved the criminalisation of politics in india. There are many number of criminals in the parliament & state legislatures. Some of those criminals are cabinet ministers as well as members of vital parliamentary committees. Thereby, they are in a position to manipulate , enact laws favouring , benefitting the criminals their cronies.

Just see how the GOI gave export incentive of Rs.1800 crore to reliance petroleum although it didn't even export a barrel. Reliance infocom & tata teleservices were CDMA mobile service providers & have paid license fee of few crores only equal to landline fees without any competitive bidding . They were supposed to provide mobile service to operate like fixed phones within a radius of 40k.m. however they were providing service like mobile service from one state to another like GSM mobile service providers. By this act of RIC & TTSL , the GSM providers who have paid thousands of license fee in competitive bidding were economically hurt , the dispute went to court. The court was on the verge of pronouncing it's verdict awarding damages worth Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with penalty to GOI. The government announced a unified telecom license regime with retrospective effect. Thereby, the GOI lost thousands of crores of rupees & the share holders of GSM players lost thousands of crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI. This time too, GOI bailed it out. during the dispute between ambani brothers the younger ambani mr. Anil ambani director of reliance himself has stated that for the favours received from the GOI , the company gifted some shares to then IT & COMMUNICATIONS MINISTER mr. Pramod mahajan.

Various indian & multinational companies are looting indian exchequer to the tune of thousands of crores of rupees , through lobbying / bribing. Take the recent case of allotment of 3G spectrum.

In india, indirect democracy is the form of governance. In this form, people's representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after 58 years of democracy , is the lobbying is at it's peak. The lobbying is a gentleman's white collared crook's way of forming favour seeker's group , creating a corpus to pay lumpsum bribe & influencing decision making. The people's representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements. These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers.

Now consider the following example : Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It's sight falls on the public sector paper giant mandya national paper mills ( MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet committee okays it.

The " strategic dis investment issue " comes before the parliament for legislation / approval. The ruling party issues a party whip to it's members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation.

On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 58 years in india.

In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent's of his constituency , people's wishes aspirations are of primary importance & supreme. What people need is a honest representative, who simply delivers the people's aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people's representatives must be true postmans.

Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it's true form.

THREAT TO INDIA'S SECURITY BY CORPORATE CRIMINALS

- An appeal to honourable prime minister of india & honourable chief minister of karnataka

In india , since ages certain section of people – dalits , tribals are being oppressed in the name of caste by forward caste people. The name sake independence has not changed the lives of dalits & tribals. The

upper caste people were in control of government & economic sector before independence as well as after independence too. The upper caste people are now MPs , MLAs & are running businesses . they have framed rules , laws to suit their ends. They are getting bank loans , subsidies , tax cuts , etc , by greasing the palms of those in power – their own caste men. The reservation policy is just a vote winning gimmick of forward caste politicians , it is neo divide & rule policy. Only few dalits with money & contacts have benefitted , by the reservation policy of government. Majority of them are still

sufferring from utter poverty & social oppression.

Now, due to rapid industrialisation & globalisation a new economic divide has taken place – rich & poor , haves & have nots. Now, economically poor are also being oppressed along with dalits. The forward caste people in government have framed laws to suit their ends , they have provided concessional priority loans , tax cuts , subsidies , etc from the government to corporate sector . The corporate sector has demanded & got monetary benefits , infrastructure facilities from the government . however the same corporates , MNCs are violating statuotary laws & are averse to social welfare measures of the government . they are averse to provide jobs to dalits , tribals & poor , why ? these corporates are bribing the labour , tax department & other government officials . as a result the government is loosing tax revenues to the tune of thousands of crores every year , the government doesn't have money to provide social welfare measures to common people. The lives of common people are under threat. Now,

the number of common people dying due to starvation , lack of health care is more than in a war field. The threat to unity & integrity of india is more from the corporate sector than pakistan or china.

Now, the government of india & other state governments are literally under corporate control. we have brought to the notice of government cases of statuotary law violations by various corporate entities ,

till date no action has been taken. Why ? hereby , we once again offers it's conditional services to the government of india & karnataka in apprehending corporate criminals , corrupt tax , labour , pollution control board offricials. Are you ready sir ????

Crimes @ RBI

- An appeal to central information commission

Ref no. RTI APPEAL via web DPG/B/2008/80341

RBI is a public authority , set up by an act of parliament. Numerous irregularities , illegalities , crimes have taken place at RBI , still it is fully covered up by those in influential positions.

We requested the CPIO of RBI HQ for information as per RTI Act ( our letter dt 20th September 2008 ) about various issues concerning the activities of that institution in whole. However the CPIO OF RBI HQ through his letter no.DAPM.CO.RIA.4001/07.50.01/2008-09 dt October 03rd 2008 declined to give information citing certain ruses. ( RBI Ref no. RIA 798/2008-09 )

He has stated that some information pertains to security press , nashik & note press at mysore. True , both those institutions are fully owned subsidiaries of RBI , hence RBI is in a position to answer. Still , RBI can transfer a copy of our RTI Application to those authorities as per provisions of Sec 6(3) of RTI ACT 2005. CPIO didn't do that.

One more ruse of CPIO of RBI is that , I am seeking his views / opinions on issues concerning RBI activities. He is wrong , I am seeking to know the official / legal stand of RBI regarding it's activities for example , appointment of rowdies as loan recovery agents by banks , etc. CPIO has failed to state the official stand regarding various activities of RBI.

One more ruse given by CPIO of RBI is that I have raised many issues , to be specific 103 questions on various topics concerning RBI , giving information on all those diverts the resources of authorities , hence information request is denied. TRUE , information sought is many , so do the crimes @ RBI which are also many. When compared to magnitude of crimes @ RBI which is 3-4 times the entire budget outlays of Indian government to the tune of crores of rupees , the resources spent to ascertain information as per our RTI Application is just few hundreds of rupees. When compared to the money spent by RBI officials by way of TA / DA during their travel , etc, our information request resource needs are peanuts.

To sum up , CPIO of RBI is hell bent to protect the criminals @ RBI lest the truth comes into open. Hereby , we request the honourable central information commission to order the RBI to give us truthful information in whole , so that justice is given to those victimized & fat criminals are sent to gallows. JAI HIND. VANDE MATARAM.

Read the article "Crimes @ RESERVE BANK OF INDIA" @ http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/ , http://theftinrbi.wordpress.com/

Your's sincerely,

Nagaraj.M.R.

CRIMES OF RBI & CBI & IT'S COVER-UP

- An appeal to honourable supreme court of India

The central bank of India Reserve Bank Of India , which is supposed to direct the fiscal policies of government of India , has failed to do so. It has enabled many looters in the garb of entrepreneurs , to swindle the exchequer to the tune of crores of rupees. The premiere

investigating agency of India CBI has failed to nail the culprits.

Hereby , I do request the honourable supreme court of India to treat this as a PIL application & to provide speedy justice in following cases.

Read the article "Crimes @ RESERVE BANK OF INDIA" @ http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/ , http://theftinrbi.wordpress.com/

Read the article "PF scam shame shame judges" @

http://corruptmajority.blogspot.com/ ,

http://corruptjudges.rediffblogs.com/

SOILED NOTE FRAUD CASE @ RBI BANGALORE

- Trauma of an old man

Complete case details also available at http://members.lycos.co.uk/ganapathihariram/

As per allegations of RBI management Bangalore in 1977-79 , criminal

nexus of RBI employees stole Rs. 220000 from RBI Bangalore. All the

banks , government treasuries in Karnataka , submit defaced / soiled

currency notes to RBI Bangalore in exchange for good notes. RBI after

collecting such defaced currency notes , sorts out fairly good notes

which can be reissued & burns off the remaining totally defaced

currency notes. All these process is done in a systematic manner.

As per allegations of the management , the crime took place in the

period of 1977-79 at RBI Bangalore. A nexus of employees, took away

the currency bundles meant for destruction & substituted it in the

place of bundles of reissuables.

Charge sheet issued by RBI Bangalore office to mr.G.Hariram

Staff no.3698/156/84-85 dt 1 april 1985

Amended charge sheet staff no 3798/156-84/85 dt 8 april 1985

CBI has charge sheeted 17 employees in connection with this case ,

case olde no. cc34/1989 new no. sc 436/1991 . the honourable 21 city additional city civil & sessions court Bangalore in it's order dated 24.01.1992

discharged 03 charge sheeted employees , as the prosecution

failed to prove the charges against them. They came out clean , as

they were innocents saddled with the crime done by others. One of the

charge sheeted employee who turned approver for the prosecution, has

given detailed account of the crime. Nowhere he has mentioned the

involvement of accussed no.15 mr.G.Hariram in the crime.

Even after coming out clean, mr.G.Hariram was not reinstated into

service by RBI. They gave the ruse of domestic enquiry & showed

contempt to the court order. On appeal, the honourable high court of

Karnataka ordered RBI to review it's order with respect to

mr.G.Hariram , still RBI failed to reinstate mr.G.Hariram into service

, once gain showing contempt to the court of law.

In India as per law , the decisions of court of law are binding on all

, orders of court over rides the organisation's internal rules ,

service rules , etc. inspite of lack of evidences, in a whimsical

manner the higher authorities of RBI , fixed some innocents as the

scape goats heaped all charges against them ( against whom they had

personal grudge , dislikes ). RBI repeatedly showed contempt to the

court orders , dismissed the scape goat - ailing old man mr.G.Hariram

from service. RBI snatched away his PF money towards the alleged loss

to the bank , didn't pay his gratuity amount , salary arrears and

finally he was even deprived of the pension. As a result , the old man

has even lost his social prestige, dignity , his family suffered a lot

& he is a mental wreck today.

Why RBI authoroties are hell bent upon to send away the innocents /

scape goats away from service ? why CBI didn't conduct polygraph tests

of all the accussed , specifically higher officers of RBI , managers

of RBI office Bangalore ? probably the scape goats were aware of the

crimes master minded by higher ups & didn't co-operate with the higher

ups in their crimes. So, the criminals were afraid that the scape

goats will blurt out truth to the world , fixed non co-operating

innocents themselves as criminals.

Who will give justice to innocents like old man mr.G.Hariram & who

will bell the corrupt , criminals , fat cats of RBI ?

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005

( SEE RULE 22 OF RTI ACT 2005 )

FULL NAME OF THE APPLICANT : NAGARAJ.M.R.

ADDRESS OF THE APPLICANT : NAGARAJ.M.R.,

EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA

PIN – 570017.

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME.

WITH RESPECT TO CASE NO old CC34 / 1989 & NEW NO SC436/1991 AT 21 ST ADDITIONAL CITY CIVIL & SESSIONS COURT BANGALORE

CHARGE SHEETED OFFICER MR.G.HARIRAM RBI BANGALORE

CHARGE SHEET NO staff no.3698/156/84-85 dt 01.01.1985

Amended charge sheet staff no.3798/156-84/85 dt 08.04.1985

1. Why didn't you notice the alleged crimes of 1977 , 78 & 79 till the

mid of 1979 ?

2. This crime came to light only due to anonymous phone calls of good

Samaritans to authorities , but not due to your inspection . is your

inspection division working properly ?

3. why there is no security check up of officers during entry & exit

out of premises ?

4. why there is no individual weighment , individual statement of

value of bags of reissuable notes & bags of note meant for destruction

, after sorting is done, why they are not tallied with total weight ,

value of notes issued for sorting ?

5. Immediately after noticing the crime, why did not you transfer all

the employees of those sections ?

6. why did not you take steps to preserve3 & protect respective

documents relating to such high profile crime ?

7. why didn't you immediately issue charge sheet to all the accussed &

waited till 1983 ?

8. Why RBI has left out , so many officers ( who worked in the same

sections for more period than accused officers ) from domestic enquiry ?

9. why CBI also failed to put those people in the charge sheet before

the court ?

10. is it because they were in favorable terms with the vested interests ?

11. did the CBI dance to the tune of vested interests in RBI while

preparing charge sheet & during investigation , instead of

independent investigation ?

12. those left out probables from the charge sheet might have caused

the destruction of evidences / records. During the course of domestic

enquiry / court proceedings , it has been recorded that some records

have been destroyed. Are not CBI & RBI responsible for destruction of

evidences , aiding true criminals get away ?

13. in normal times , what is the period specified in RBI regulations

for preserving old documents / records ?

14. after noticing such a high profile crime the RBI must have taken

utmost care to preserve such old records for indefinite time , for

producing before courts of law as & when demanded. But it didn't , why ?

15. does not this point to connivance of higher authorities of RBI ,

with the criminals ?

16. RBI authorities have conducted domestic mass enquiries , instead

of individual enquiries , is it not detrimental to the rights of defense ?

17. RBI authorities have stated that court proceedings & domestic

enquiry are independent of each other & are not binding on one

another. However RBI authorities straight away took on record of

domestic enquiry the court statements , evidences , but didn't honour

the order of same court of law ? why this double standard by RBI ?

18. The alleged crime was committed in 1977-79, but charge sheet was

framed in mid 1985 , why this long delay ?

19. didn't this facilitate the masterminds of crime to destroy ,

manipulate evidences ?

20. as stated before court , indeed some records , 22nd currency note

packet were missing , who is responsible for it ?

21. has the CBI conducted enquiry , polygraph test of RBI higher

officers - S.N.RAZDAN , W.S.SARAF , J.P.AWASTHI , J.MITRA & others ,

if not why ?

22. is it not due to inefficiency , negligence of duty by such high

ranking managers , that such a crime occurred in RBI Bangalore ?

23. what disciplinary action RBI has taken against the inefficient ,

negligent higher officials ?

24. whatever internal rules an organization makes must be within the

line of law. If such internal laws of the organization are violative

of law , fundamental rights of employees , such internal rules become

illegal. Are not the way of RBI disciplinary proceedings illegal ?

25. as per RBI pension regulations 1990 , RBI has the right to deduct

any loss caused to the bank , from the pension of RBI employee if the

misconduct of employee is proved in judicial proceedings . even though

mr.G.Hariram came out clean from the court , why RBI has denied his

pension ?

26. judicial courts of law are appellate authorities over & above ,

domestic enquiry committees & judicial orders supersedes the domestic

enquiry proceedings. Still RBI showed contempt of court & didn't

reinstate mr..G.Hariram into service , why ?

27. even if an employee's misconduct causing loss to the bank is

proved , before denying him pension (towards making up loss to the

bank) , previous sanction of the central board of RBI must be taken.

But in mr.G.Hariram's case , pension was denied in full without taking

previous sanction of the central board of RBI , is it not illegal ?

28. RBI alleged that mr..G.Hariram caused loss to the tune of Rs.14000

to the bank & recovered it from his provident fund dues. There was

nothing left over to recover , still RBI completely denied pension to

mr.G.Hariram , why ?

29. ideally, domestic enquiry findings / disciplinary actions should

be completed first , then the employee can appeal to appropriate court

of law. In mr.G.Hariram's case , CBI & RBI failed to prove the charges

in court of law , as a result court discharged him from the charges.

To cover-up it's failures RBI management dragged domestic enquiry much

beyond court orders date & gave findings indicting mr..G.Hariram. does

the enquiry officer of domestic enquiry think that he is over & above

the court of law ? is it not illegal & contempt of court ?

30. ideally , RBI authorities should have appealed to higher court

against lower court order discharging mr.G.Hariram from charges. But

it was not done , why ?

31. did the RBI pay interim relief to mr.G.Hariram , during suspension

period ?

32. the undue delay in filing charge sheet , consequent destruction of

key evidences , dishonour / contempt of court orders , undue haste in

giving findings , dismissal , denial of of pension without central

board's sanction , all point towards criminals within RBI higher

management. What disciplinary action has been taken against

J.P.AWASTHI, S.N.RAZDAN,J.MITRA, W.SARAF & others ? if not why ?

33. why charge sheet was amended? Is it legal ?

34. did the charge sheet was amended to falsely implicate

mr..G.Hariram , by including cancelled note vault in the charge sheet ?

35. does not this itself show that it is not statement of actual

happenings / facts , but a cunning ploy to mislead investigation

towards fixed innocents from actual criminals ?

36. is it true that that only 5% of sample inspection is done out of bundled verified defective note packets ?

37. is not the conduct of joint / mass enquiries of all charge sheeted officers illegal ?

38. how come such an important evidence 22nd note packet went missing ?

39. is it because it may point towards real criminals ?

40. as per the statement of management witness / inspection head / expert mr.vijendra rao , the notes of earlier dates have been removed from packets made into new bundles , right ?

41. as per his statement , entire certificates , seals of some asst treasurers are there , who didn't work at all on that day is not it ?

42. does not it show that some body else was misusing the seals , putting some innocents seals over the notes ?

43. does it not show that , crime has taken place at verification section ?

44. does it not show involvement of some asst treasurers ?

45. why asst treasurers have not been charge sheeted ?

46. why inspection of RBI Bangalore office was not done between 1975 & 1979 ?

47. is it not true that you failed to produce all records showing internal inspection / audits , during domestic enquiry & court proceedings ?

48. your expert mr.vijendra rao has stated that some seal marks are smudged , he has stated some seal marks appears to be so & so. He has clearly nowhere stated that this seal mark is exactly this , so he himself is not 100% sure ?

49. your expert nowhere said that 100% sure this seal mark is this , on that day this seal was issued to mr.G.Hariram , isn't it ?

50. your expert says during 1975 , he didn't notice3 any fraud. However approver says fraud was there before mid 1977 also. Why no action has been taken ?

51. why you didn't produce all records of all persons , who have specifically worked in alleged sections , the registers of those departments with daily activity report containing seal nos , packet nos , bag nos , etc ?

52. are not their chances of some criminals putting the seal marks of innocent officers over the notes , bundles , bags , etc ?

53. your expert is not 100% sure of seal mark , your records are not there to prove the presence of charge sheeted officers in the alleged sections , neither your expert nor your records are 100% sure on what date , at what stage , by whom crime was committed , isn't it ?

54. is not the charge sheet amounting to higher ups picking up officers they dislike & falsely implicating them ?

55. is it not cunning ploy of higher ups to divert attention from original criminals ?

56. why no action was taken against currency officer of 1977-79 mr.J.Mitra ? why his pension , super annuation benefits were not withheld ?

57. what is your justification , supporting evidence , records for picking up only three officers including mr.G.Hariram for legal prosecution and leaving the majority of probables ?

58. why you have dropped charges against five asst treasurers ? why you didn't even conduct domestic enquiry against them , let alone legal prosecution ?

59. Is it RBI's & CBI's way of fair play & justice ?

60. as inly 5% sampling of verified note bundles are done , there are more possibilities of rebundled packets getting unnoticed in relaxed 95% lot , isn't it ?

61. you have left out so many officers who worked in those sections, some of whom even became management witnesses , instead of being charge sheeted by the management, is it fair play & legal ?

62. who are the bank employees , from whom you have recovered the alleged bank loss of Rs.220000 ?

63. were all of them charge sheeted , enquired , legally prosecuted , dismissed & their pension , gratuity withheld ?

64. you don't have any internal statuotary records to prove that mr.G.Hariram worked in those departments , except a currency officer's office note dated just on the eve of charge sheet years after the alleged crime ? does it not prove that this note has been concocted just to fix mr.G.Hariram ?

65. where as you have records of other officials attendance in those departments , but not charge sheeted them why ?

66. three officers of staff grade A daily work in three sections out of 40 officers , why you have picked up only mr.G.Hariram , out of 1095 working days , he has worked for only 223 days in those sections , still those officers who worked for more days in those sections are not charge sheeted why ? the approver , the management expert witness , shift registers , V2 registers , Destruction certificates , Form CD 55 , etc , nobody , no records were able to say on what date , at what stage , by whom crime took place , also they were unable to say on what date at what stage crime was committed by mr.G.Hariram ? is it not futile imagination , cunning ploy of RBI higher authorities to fix innocent Mr.G.Hariram ?

67. the management expert witnesses said , the most probable place of crime is punching / Cancelled Note Vault , incinerator , where asst treasurers were joint custodians . they were not enquired & let off why ?

68. the charge sheet alleges extraction / substitution of defaced note packets. Where as the management expert witness say substitution of defaced notes only ? is not there difference between loss of one number of note & 100 number of notes ?

69. as per the normal course of duty , staff officers does not count notes in each bundles , but they just count the number of bundles only. Is not there chances of inserted note bundles or bundles containing less number of notes going unnoticed ? is it not the failure of statuotary system of work practices ?

70. does not all these prove higher authorities of RBI & CBI were hell bent to fix mr.G.Hariram & to shield the original criminals ?

Questions with respect to other cases :

71. how do you monitor the work of bank officials nominated as directors of companies which have availed bank loans ?

72. how do you monitor the work of companies , in which banks have invested ?

73. how do you monitor the rapid wealth growth of certain bank officials , who work in shares investment / equity funds section , etc ?

74. inspite of project reports by bank officials , over assessment of collateral securites / value of debtor companies by bank officials , the loans become NPAs & full value cann't be realized in the market by selling off the assets of debtor companies also. In such cases , what action is taken against erring bank officials who collude with criminal industrialists for availing higher amount of loan than permissible ?

75. give bankwise specific figures of NPAs.

76. give names of industrial groups / promoters whose companies have become NPAs , so that public can be aware of them , before investing in new companies promoted by them.

77. is not collection of loan from debtors of bank through rowdies / recovery agents , illegal ?

78. why not criminal complaints filed against bank mangers for aiding , abetting rowdism , murdering people ?

79. if your method of employing rowdies to collect loans of Rs.10000 from commoners is right , what would you do to a promoter of a debtor company to recover loans of crores of rupees , supari killing ? but debtors of crores of rupees is let off coolly by banks , why ?

80. what is the exact amount of loss caused to the exchequer by karim lala telgi who printed fake stamp papers ?

81. what action has been taken against those involved ?

82. have you taken action against all those mentioned by telgi during narco analysis test , if not why ? is it because they are powerful & bigwigs ?

83. how you are controlling the illegal finance activities , money lending by individuals , pawn brokers & chit fund companies ?

84. how you are monitoring the receipt of public donations , foreign donations by many NGOs ?

85. how many erring NGOs , chit fund companies , pawn brokers , individuals you have booked for illegal finance activities ?

Questions relating to RBI CURRENCY NOTE PRESS MYSORE

86. who were responsible for selling the good printing machine at security press nasik to scamster karim lala telgi as scrap ?

87. who recruited the candidates below merit rankings in R.B.I for what criminal roles ?

88. how many irregularities have taken place in R.B.I till date ?

89. who is responsible for installing, operating & supervising the security set-up in R.B.I ?

90. how the raw materials ie number of paper sheets, ink, etc are accounted for in inward stores & while issuing for printing ?

91. how wastages, scrap of ink , papers , etc in the printing process are accounted for?

92. How the finished goods ie currency notes are accounted for ?

93. Who keeps physical figures & possession of goods, inventory of all the above?

94. How the scrap paper is disposed off ?

95. From security angle who keeps track from start till dispatch ?

96. Give me the merit ranking list of all candidates for the post of stores assistant in BRBNMPL in the year 1995-96 ?

97. give me the merit ranking list of all candidates for the post of process assistant at BRBNMPL in the year 1996 ?

98. give me the merit ranking list of all candidates for the post of process assistants & maintenance assistants at BRBNMPL in the year 1996-1998 ?

99. is not RBI & BRBNMPL authorities created by statuotary laws , fully funded by public money ie from government exchequer ?

100. still why BRBNMPL & RBI refused to answer my previous information request as per RTI Act ? are you afraid that skeletons will come out of cubboard ?

101. what action initiated against the SBI branch Bangalore & SBI Overseas branch for loss of cheque / draft amounting to crores of rupees ? if not why ?

102. give me specific figures bank wise with respect to loss caused to the bank by loss of cheques or demand drafts , etc ?

103. how RBI is containing crimes of loss of cheques / DDs causing huge losses to the banks to the tune of crores of rupees ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1988 onwards . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947. FEES PAID : IPO NO 63E 318935 FOR RUPEES TEN ONLY Favouring CPIO RBI HQ MUMBAI

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED : V.S.DAS , CENTRAL PUBLIC INFORMATION OFFICER , O/O HONOURABLE GOVERNOR, RBI HQ , CENTRAL OFFICE , AMAR BUILDING , P.M.MARG ,MUMBAI-400001.

Date : 01.11.2008 Your's sincerely,

Place : Mysore Nagaraj.M.R.

FINANCE SCAMS IN INDIA & 5-STAR LEADERS WITH BEGGING BOWL

In " mysooru mithra" a kannada daily dated 15/06/2005, the editor has written about a copy of the complaint made by Transparency International India-Bangalore to central vigilance commission of india.

In indian banks , there is a strange practice that whenever a cheque is put before the clearing house by a bank, the clearing house sends that cheque to the service branch of bank paying. The service branch then sends that cheque to the appropriate bank branch for deduction of cash from the cheque account. In this travel , if the cheque is lost or misplaced midway, the service branch pays out of it's suspense account to the cash collecting bank. Logically, afterwards the service branch must initiate a thorough inquiry, get authentication from both persons one who gave cheque & other who collected cheque. Finally, the money must be transferred from the account of cheque giver to the suspense account.

However , upto 1997 two branches of state bank of india in bangalore & overseas branch sufferred from frequent loss of cheques totally amounting to RUPEES THREE THOUSAND TWO HUNDRED CRORE. In all cases of cheque loss the bank has paid out of suspense account, totally amounting to Rs.3200 crore. However the bank has not initiated any enquiry to recover that amount from the cheque givers.

In the 1997 internal audit report of the bank itself , this has been clearly pointed out. Till date, even the central vigilance commission has not initiated any action about it. A member of central vigilance commission happens to be ex-chairman of state bank of india.

It is just an instance of two branches of SBI, what about hundreds of branches of SBI, what about thousands of branches of other public sector,private sector & co-operative banks. It is fraud,fraud,fraud all the way. Few months back to cover-up the crimes of global trust bank ( GTB) , it was taken over by oriental bank of commerce ( OBC). While sanctioning a loan of just Rs.10000 to a common man , he has to comply with lengthy legalities. If he defaults, bankers breath down his neck, bankers send rowdies in the form of recovery agents to humiliate the common man & his properties are auctioned-off, finally all dues to the last penny are recovered. In most of the cases bankers even force the defaulters to commit suicide. However influential persons easily gets loans amounting to hundreds of crores of rupees, coolly defaults, siphons-off the funds & shuts his shop. No recovery at all , just it becomes a non- performing asset (NPA) in the bank ledger. The total NPAs of all public sector banks is more than Rs.80000 crore. This burden is spead over the crores of hapless indians.

The government takes pride in murdering forest brigand veerappan. The ill-gotten wealth of veerappan is not even pea nuts before this huge amount. Remember past finance scams – MS SHOES, HAWALA, HARSHAD MEHTA SHARE SCAM, KETAN PAREKH SHARE SCAM, UTI, etc. totally in all these scams billions of dollars of public money have gone to the coffers of criminals. These scamsters put veerappan to shame in their turnover. However the government is not even exhibiting a fraction of it's ELIMINATE VEERAPPAN DRIVE against these scamsters, why?

In india, both central & state government tax/ revenue officials are neck deep in corruption. By, taking bribe they make lower assessment of income, gains, etc & spare businessmen from the tax payment. The government in return for favours received from lobbies, gives tax exemptions to them at it's sweet will. All these scams & it's cover-ups are insider jobs. The government is not interested to collect, recover it's own monies amounting to billions of billions of dollars every year. However our 5-star leaders living at the expense of tax-payers, go-on foreign jaunts with a begging bowl for a few lakhs of dollars. What a shame?

More than 50 billion indians are barely surviving on a single meal per day & hundreds are dying due to starvation, billions don't even have basic necessities of life. If the government even just collects a fraction of it's dues from scamsters, defaulting industrialists – people won't die of hunger in india. Has this enlightened our thick skinned netas ?

AN APPEAL TO UNION FINANCE MINISTER GOVERNMENT OF INDIA An age old saying – AS THE KING SO DOES THE SUBJECTS. In india various financial scams, crimes & it's cover-ups have taken place amounting to billions of billions of dollars have taken place, made possible , just due to the involvement of the king – the netas & government officials themselves in the shameful act – the crime.

The tax officials are utterly corrupt, the wards of these officials spend double their pappa's salary just during weekends. Now, realise their financial might. These ill-gotten wealth is destabilising our economy & might have even found it's way into the hands of underworld, terorrists. INDIA WILL BE DEFEATED FROM CRIMINAL FORCES WITHIN LIKE THIS NOT FROM THE EXTERNAL FORCES.

Hereby, the HRW urges you to make public:

1. the financial worth of finance minister to tax official at circle level, on annual basis including his spouse's worth & property details.

2. to make public the NPAs, losses & monies under litigation by both private & public sector banks annually.

3. to make public measures taken to recover these monies.

4. to publish annual accounts with complete details of discretionary funds allotted to the defence ministry, president, prime minister, chief ministers , governors & intelligence agencies.

Public want to know whether proper discretion is being applied while spending.

CORPORATE FRAUDS IN INDIA

`Forget terrorism, I want to be an accountant' Osama Bin Laden, `quoted' in Private Eye.

CORPORATE frauds have becomes a global phenomenon. There is a crisis of confidence arising from the failure of the pillars of the capitalist system such as the stock market, financial analyst and accountants and the investment banks.

From Harshad Mehta to Ketan Parekh and further down to Madhavapura Co-operatives in 2002, it is a familiar story of a few corporate heads indulging in creative accounting with the sole object of enriching themselves at the cost of the lower middle-class investors.

Almost every corporate giant in India has been accused of violating business ethics and indulging in corporate mis-governance. "For every fall from virtue," confessed Mr Mukesh Ambani, "there is a seducer. Millions can be offered only when billions can be made".

India, however, shares the distinction of being in the company of Corporate America. Enron (fraud of $591 million), WorldCom (fraud of $3.8 billion), Adelphia (off-balance sheet loans of $3.1 billion), Xerox ($6 billion) and a host of other corporates have been caught red-handed. The investment advisor, Merrill Lynch, confessed to giving false advice to the public about investments and compounded the offence by paying $100 million.

Fortune magazine displayed a table of CEOs as felons and suggested that there should be a list of 500 worst-managed corporates in the World. India will take a number of ranks in such a list if prepared.

WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?

We condemn the brutal massacre by police on farmers – who are going to loss all their lands , sources.of livelihood for the sake of special economic zones , industrial parks , etc in various states of India.

In every mega projects undertaken by government , both the state government & central government have functioned like REAL ESTATE / COMMISSION AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.

For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money, employ our own people , use our own natural resources & finally take away the net profits to their home countries – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .

During Previous License Regime foreign, investment was not directly welcome in India. As people at that time perceived it as "Neo colonisation" & detested it. There were various restrictions on foreign investments. The local industrialists under monopolistic environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors too. They easily flouted labour laws & made labourers to work in inhuman conditions. During 1990's under the international pressure India signed GATT & slowly started opening it's economy. Now, from 01/01/05 even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at all. They are actually denying sophisticated technologies to India. They are only bringing the FMCG industries - salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or Europe.

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,

1. There is lack of comprehensive environmental norms.

2. The enforcement of environmental norms is lax.

3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.

4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.

5. The enforcement of labour laws are lax.

6. Public money can be easily raised through lending Banks, primary market within India & the public can be easily cheated.

7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or countries which have double taxation avoidance agreement with India.

8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.

9. The corporate governance laws are almost absent in India & it's enforcement nil.

10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.

11. On top of it, well trained, technically qualified people are available at low rates through contractors. Just consider the following cases which highlight the apathy, irresponsibility of government of India and emboldened the cunning, MNCs:- 1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable water to it's people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned water.

2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.

3. Few years back, In Mysore railway station containers of radio- active materials were left unattended. The dome of reactor building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near Chennai.

4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in Bhopal is not yet cleared off toxic materials even after 20 years. This is still further damaging the residents of Bhopal.

5. In the above union carbide disaster, the Government of India didn't present the case properly before supreme courts of India & U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost of American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would have been the consequence?

6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola very easily.

7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.

8. In India spurious drugs, medicines, food stuffs are easily marketed.

9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.

10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.

11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.

Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.

12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.

13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.

14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn't respond at all. All the above cases highlight the fact that, government of India & Indian judiciary treats it's citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to India.

An appeal to honourable supreme court of USA & HE Honourable president elect Mr.Obama

Your government protects all Americans, all American companies both inside America & abroad. If an American tourist is murdered in a third country , American investigators fly over to that country to conduct investigation in total disregard to local laws. In the same way , if the interests of an American company is threatened in a third country American government goes to it's rescue.

However , when an American company butchers , causes mass man slaughter in a third country , as an American company did in Bhopal India , no action by American government. Still the said American company has not removed , cleared the accident site of poisonous debris at Bhopal India since decades and still causing mass man slaughter , no action by American government why ?

Some US based companies are selling soft drinks , food products , medicines , drugs in third world countries , which are causing grave health damages to the public. The quality standards of these products are fit cases of rejections by US FDA. Some US companies are selling drugs ( which are banned in the USA ) to third world countries , still us companies are exporting such dangerous medicines , foods to third countries . no action by US government , why ? is it because you think that the lives of non Americans are cheaper than Americans ?

Hereby, I do request your kindself ,

1 . to initiate criminal prosecution against US based key management personnel responsible for Bhopal gas tragedy .

2 . to make either the respective company management or US government to pay compensation to victims of Bhopal gas tragedy on par with American lives , as if the same tragedy happened in the USA itself.

3 . to order the management of the said company to clean up Bhopal off poisonous debris , from the accident site at their own expense.

4 . To legally prosecute US exporters & US based companies selling products ( which violates US FDA regulations or banned in the USA for domestic consumption ) to third countries.

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313 home page: http://groups.google.co.in/group/e-clarion-of-dalit/ , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ , e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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