Failure of Indian Legal System

S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed Editor: NAGARAJ.M.R VOL.3 issue. 31 04/08 / 2009 Editorial : FAILURE OF INDIAN LEGAL SYSTEM SALUTES TO KARGIL MARTYRS , NSG COMMANDOS & MUMBAI POLICE We express our deep condolences to the victims of 27/11/08 mumbai terrorist attacks. We at e-voice salute our NSG Commondos & Mumbai police for teaching the external enemies a befitting lesson and protecting our motherland from the external enemies. We pay our whole hearted respects to the martyrs , who laid down their lives , in the course of protecting our people & country from the clutches of terrorists. At this juncture , we must also remember our kargil martyrs of Indian military who sacrificed their lives protecting our motherland – INDIA from enemies. India equally faces greater threat from internal enemies – corrupt public servants ( who are deadlier than pak terrorists). These corrupt public servants sell everything , motherland , for money , for bribe. Mumbai terrorists killed 200 people , where as a fake drugs manufacturer kills thousands of people by selling fake drugs / fake medicines. Drugs control department officials lets off many such such fake drugs manufacturers , in turn killing thousands of innocents. The number of end victims are huge than any terrorist attacks. This is just one instance , in this way corrupt public servants of various departments compromise with their official duties & murder scores of innocents. The corrupt public servants network , is oiled far better than italy's mafia. Common man doesn't get justice , even if he complains to higher officials , vigilance authorities or even court of law. As the bribe booty reaches higher-ups & political bosses.. thus black money is created. The huge profits earned / black money created by criminal industrialists / entrepreneurs , finds it's way to money laundering heavens. Thus our economy is crippled , public exchequer deprived of it's dues. The money thus laundered feeds terrorist outfits , underworld dons , in their criminal deeds. Now , underworld / terrorist outfits are involved in huge real estate business , film production / distribution , film piracy business , etc , to reap more illegal profits out of illegal money. This shakes upside down our government's fiscal policies. Corruption in india has taken root & ever growing , due to the failure of indian legal system. Right from the stage of complaint registration by police to trial of case & final judgement , everything is susceptible to manipulation by rich criminals. The saving grace is still a few honest judges , police are there , who are swimming against the tide of corruption & doing their public duties honestly. In the following articles involving actual cases , one can see the failures of various stages of legal system – registering FIR , investigation of case , prosecution-defense nexus , final judgement , etc . If a corrupt public servant is apprehended , it is equal to depriving 100 terrorists out of funds , putting 100 criminals out of action. Will the common man raise to give a befitting lesson to corrupt public servants. Jai hind. Vande mataram. Your's sincerely, Nagaraj.M.R. TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA - Gross violations of human rights by police At the outset , e - Voice salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues. The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate like "Sherlock holmes" and apprehend the real criminals. nowadays , when police are under various pressures , stresses - they are frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this : 1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree torture on innocents. 2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree torture is used on innocents. 3) When the I.O is properly doing the investigations , but the higher-ups need very quick results - under work stress I.O uses 3rd degree torture on innocents. Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn't have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them. There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100's of crores of public money - like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don't police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police. In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don't police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police. All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas , before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks. Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias. Hereby we urge the GOI & all state governments : 1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of encounter killings. 2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity , pension , etc. 3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim's of 3rd degree torture & encounter killings. 4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture. 5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents. 6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court. 7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar. 8) To make public justice A.J.Sadashiva's report on "torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA". 9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias against suspects rich or poor. 10) To include human rights education in preliminary & refresher training of police personnel. 11) To recruit persons on merit to police force who have aptitude & knack for investigations. 12) To insulate police from interference from politicians & superiors. 13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police. 14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely. 15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works. Nowadays , we are seeing reports of corruption by police & judges in the media and are also seeing reports of raids by vigilance authorities seizing crores of wealth from such corrupt police. Some Judges have also amassed crores of wealth. Who gives them money ? it is rich criminals , anti-nationals . By taking bribe & hiding the crimes of criminals , the corrupt police & judges are themselves becoming active parties in the crimes , anti-national activities. Those shameless , corrupt police & judges are nothing but traitors & anti – nationals themselves. When an innocent is subjected to 3rd degree torture to extract truth with justification by investigating agencies that all for the sake of national security , what degree of torture these corrupt , anti-national police & judges qualify for ? what type of aeroplane or helicopter the corrupt police / judges must ride ? ofcourse , for protection of national security. Here also police & judges have double standards , what a shame. We at e – voice are for "Rule of Law" & abhor all type of violence. Truly these police & judges are not building a Ram Rajya of our Mahatma Gandhi's dream. Jai Hind. Vande Mataram. AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN - By American Citizens Our country was known as " Heaven On Earth" , "Land of Equality & Equal Oppurtunity" & the "Statue of Liberty" rightly symbolized the spirit of our country. Now USA is known as a "Terror State". In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al-queda , Taliban in those countries. In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept that these terrorists who murder innocents don't deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ? Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public : 1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ? 2. is not Al-queda , Taliban creations of USA ? 3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see http://www.neiu.edu/~ayjamess/hmmm.htm#Main 4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right? 5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ? 6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ? 7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ? 8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ? 9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ? Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished . Hereby , we appeal to the honourable court to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws. Recently , in the issue of last week "The Week" , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi's assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer's money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care. Recently in the last week , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer's money. While ordinary ordinary Pakistanis were suffering from starvation , lack of health care , etc. All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN. Hereby , we appeal to the supreme courts of USA , INDIA , PAKISTAN & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM. CRIMINALS IN POLICE UNIFORM - An appeal to union home minister & Karnataka state home minister The ABC of police force in India is apathy , brutality & corruption . in India, police are not impartially enforcing law instead are working as hand maidens of rich & mighty. The corrupt police officers are collecting protection money from criminals , collecting money to go slow on investigations , to file B- reports , to fix innocents in fake cases , to murder innocents in lock-up / encounters . they are hand in league with land mafia , today C.M of Karnataka himself issued a warning to police officials about this. Even in lock-ups , jails, the rich inmates bribe officials get better food from outside , mobile phones , drugs , drinks , cigareetes , etc. they get spacious cells & get best private medical care . where as the poor inmates are even denied food , health care , living space as per the provisions of law. The corrupt jail officials instigate rowdy elements in the jails to assault poor inmates & to toe their line. More corrupt the police more wealthier he is. Even CBI officials are no different. The only beacon of hope is still there are few honest people left in the police force. Hereby , e-voice urges you to make public the following information in the interest of justice. 1.how many CBI officials & Karnataka state police officials are facing charges of corruption , 3rd degree torture , lock-up/encounter deaths , rapes , fake cases , etc ? 2.how you are monitoring the ever increasing wealth of corrupt police officials? 3.how many officials from the ranks of constable to DGP have amassed illegal wealth? 4.what action you have taken in these cases ? have you got reinvestigated all the cases handled by tainted police? 5.how many policemen have been awarded death penalty & hanged till death , for cold blooded murders in the form of lock-up deaths / encounter deaths ? 6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 , subsequent police complaints ? is it because rich & mighty are involved ? 7.e - voice is ready to bring to book corrupt police officials subject to conditions, are you ready ? 8.how many police personnel are charged with violations of people's human rights & fundamental rights ? 9.how many STF police deployed to nab veerappan were themselves charged with theft of forest wealth? 10.how you are ensuring the safety , health , food , living space of inmates in jails? 11.how you are ensuring the medical care , health of prisoners in hospitals & mental asylums? 12.How you are ensuring the safety , health , food , living space of inmates in juvenile homes ? DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE In india , Law is one & same for all , however in it's implementation & enforcement , the public servants are practicing double standards. Poor Innocents are harassed , tortured all in the name of law , rules , technicalities . Whereas , Rich Criminals are manipulating the evidences , records & are going scot free. The Public Servants treat Rich Criminals Favourably with kid gloves ofcourse for a price. Now , take for instance , public servants of the rank of supreme court chief justice & President of india are hiding information relating to crime , covering-up crimes , violating commoner's human rights , fundamental rights , obstructing citizen from performing their Constitutionally prescribed Fundamental Duties as Citizens of India , no action by police , they are not even registering the complaint. Whereas , if a commoner cover-ups a crime or evidence , he also becomes a criminal , if a commoner violates the fundamental / human right of a rich person , if a commoner obstructs a public servant from performing his public duties , all those become crimes & he is legally booked for each counts. Why not police registering complaint against the above stated public servants for above crimes. IS IT NOT DOUBLE STANDARD. POLICE COMPLAINT AGAINST PUBLIC SERVANTS From, NAGARAJ.M.R. LIG-2 / 761, HUDCO FIRST STAGE, LAXMIKANTANGAR, HEBBAL, MYSORE - 570017. Through, Honourable DG & IG of Police , State Police H.Q , Bangalore. To, Honourable Circle Inspector of Police, Vijayanagar Police Station, Mysore. Honourable Sir, Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of India & other public servants In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of his / her birth. However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats - unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants. In India , corruption has spread it's tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta. Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is left high & dry eventhough the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people's last hope , democracy is dead. nowadays we are hearing too many reports of irregularities in judiciary. our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon'ble supreme court of india, but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS. The issues raised by us for sample : 1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of indians & public of importing nations who are importing the same dangerous products from india . 2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law. in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers. 3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies. 4. The reports in media about certain highly placed public servants leaking india's defense secrets to foreign countries & some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints. over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible for free legal aid, even free legal aid was not given to me. Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence. CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA - http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/ , http://theftinrbi.wordpress.com/ CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE – http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ , CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE – http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ , CORPORATE CRIMES RPG CABLES LIMITED http://crimesatrpg.blogspot.com/ , http://crimesatrpg.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/218 MEGA FRAUD BY GOVERNMENT OF INDIA http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 are you ready to catch tax thieves ? http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 MOBILE PHONES , CURRENCY SCANDALS http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 reliance industry where is accountability ? http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 crimes at infosys campus http://crimeatinfy.blogspot.com/ , http://crimeatinfy.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/214 crimes by B.D.A against a poor woman http://crimesofbda.blogpot.com/ , http://bdacrimes.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/212 crimes of land mafia in India http://landscamsinindia.blogspot.com/ , http://landscam.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/212 currency thefts in RBI Press http://theftinrbi.blogspot.com/ , http://theftinrbi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/80 killer colas & killer medicines of India http://deathcola.blogpot.com/ , http://deathcola.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/201 We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do request you to legally prosecute the below mentioned public servants viz 1. H.E.Honourable President of India 2. Honourable Chief Justice Of India 3. Union Home Secretary , GOI 4. Governor , Reserve Bank Of India 5. Director-General & Inspector General Of Police , government of karnataka 6. Commissioner , Bangalore Development Authority 7. Commissioner , Mysore Urban Development Authority 8. Commissioner , Mysore City Corporation 9. Labour Commissioner , government of karnataka and 10. all public servants belonging to tax dept , pollution control board , etc mentioned in the above cases with web links. on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective. if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus , then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , public servants & Constitutional fuctionaries. thanking you. Jai Hind , Vande Mataram. Date : 04.07.09 your's sincerely, Place : Mysore nagaraj.m.r. CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? - WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ? New Delhi, August 21 The Delhi High Court imposed a four-month ban on senior advocate R K Anand and colleague I U Khan on Thursday for interfering with judicial proceedings in the high-profile BMW hit-and-run case. A fine of Rs 2,000 was levied as well. On May 30, 2007, television channel NDTV caught both lawyers in a "sting" operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook. A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt. "The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand... There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case," observed the court, which had taken suo motu cognizance of the expose the day after it was aired. "Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc," said the Bench. The court desisted from commenting on the conduct of Kulkarni, saying it would not be "proper" to do so. Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, "the unshakeable truth is that Mr Anand is guilty of criminal contempt of court". Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such "sharp practices". "Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha," noted the Bench. The court said it knew Khan for his legal acumen and forensic skills — "perhaps the reason why he was appointed Special Public Prosecutor in the BMW case". High expectations over Khan fell apart when his conduct "betrayed the trust that prosecution reposed in him... what he did was perhaps beyond the realm of contemplation of the prosecuting agency". Chastising the two for their misconduct, the Bench said: "We are not dealing with a young lawyer who, driven by ambition and desire... transgresses the limits or unwittingly or unknowingly commits criminal contempt. We are dealing with senior advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar." The court forwarded a recommendation that the two be "stripped of their designations as senior advocates". The High Court Registrar General will put up the court's recommendation before Chief Justice AP Shah within a month. In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest. R K Anand Began legal career in Delhi's Tis Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly polls in Himachal Pradesh in February 2003. High-profile cases: * In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi's death * Narasimha Rao in the JMM bribery and the St Kitts case * Chandraswami in the FERA violation case * H K L Bhagat in the 1984 anti-Sikh riots case * Former external affairs minister Natwar Singh's son Jagat Singh in the murder/suicide of his wife Natasha Singh I U Khan One of the top five criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW case. Began his career in late 1960s, and came intio spotlight in 1980s. * Defended Sushil Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple murder, former Youth Congress President Romesh Sharma in several cases and Tony Gill in Jessica Lall murder case When prosecution & defence lawyer together team up along with corrupt police / public servants and manipulate evidences / records , the court is helpless and will acquit the accussed for lack of evidences eventhough the presiding judge is of impeccable integrity , honesty , he is help less. Add to this , if the presiding judge happens to be corrupt & teams up with the criminal nexus , the result is devastating , the rich criminal will get away & the innocent will suffer punishment in some cases even death sentence. Who will bell these few corrupt among the judiciary , bar , police & public service ? why not prison sentence for two leading advocates on criminal charges of contempt of court , destruction of evidences ? are they above law ? why favouritism by court to the guilty in awarding punishment to guilty two advocates as they happen to be political influential ? will the court let a common man so leniently for the same charges ? In the past cases dealt by these corrupt duo advocates , there are possibilities that the same tactics of manipulation of evidences , prosecution is done to win the cases , to free the rich criminals , why not review of the cases dealt by these corrupt advocates ? The honest few among judiciary , bar , police & public service must uphold our constitution , rule of law & bring to book their corrupt colleagues. CASH FOR JUDGEMENT Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal Yadav who has gone on leave after her name is said to have figured in the statements of the main accused in the case involving the delivery of cash at another High Court Judge's house, said today that she was a "victim of a vilification campaign." Speaking to The Indian Express at her Sector 24 residence here today, Justice Yadav said that "some influential persons were trying to shift the focus on her to save the real accused." Justice Yadav denied that former Haryana Additional Advocate General Sanjeev Bansal had talked to her on phone on August 13 when Bansal's clerk "mistakenly" delivered a bag containing Rs 15 lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the High Court. "Let any agency prove that I talked to Sanjeev Bansal on phone either on that day or any day in the past one month," Justice Yadav said. "I am ready to face all consequences if this allegation is found true. I have had no dealings with Bansal. I have not received any money from Bansal or any of his associates. I am sure I will get justice." Justice Yadav said she had explained her position to High Court Chief Justice T S Thakur and had "proceeded on leave." She said she would not hear any case until her name is cleared. Sources close to her said that during her meeting with Justice Thakur yesterday evening, in which some other senior judges were also present, Justice Yadav offered to proceed on leave to "maintain the highest traditions of Indian judiciary." Justice Thakur told The Indian Express that he had not asked Justice Yadav to proceed on leave and that it was her own decision. It is learnt that in her meeting with Justice Thakur, Yadav vehemently denied any role in the entire role. While acknowledging that she and some other members of her family had bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied that the money for purchasing the land came from Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case. "Can't a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by Bansal or Singh," she is learnt to have told the Chief Justice. But she is learnt to have acknowledged, in her meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to have said that she came to know him through some other judges. Meanwhile, highly placed sources in the High Court confirmed that Chief Justice Thakur is awaiting the return of Chief Justice of India KG Balakrishnan from Brazil to apprise him of the developments in the case. The Chief Justice is learnt to have asked the administrative committee, comprising senior judges, to monitor the case on a daily basis. The Rs 15-lakh delivery: Story So Far •August 13: Parkash Ram, an assistant to Haryana's Additional Advocate General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the Punjab and Haryana High Court. Justice Kaur calls the police. •Rajeev Gupta, Bansal's friend and a property dealer, tells the police that the money reached there by mistake and it was meant for Nirmal Singh, another property dealer. Chandigarh Police decline to hand over the cash. Bansal is questioned •August 16: A case is registered against Bansal, Parkash Ram and Delhi-based hotelier Ravinder Singh who allegedly organised the money •Bansal resigns as Addl AG and surrenders on August 19 •August 21: Rajeev Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is arrested. The Inspector General of Police sends a report to the Chief Justice of Punjab and Haryana High Court. The report says that the money was meant for another judge. •August 22: Justice Nirmal Yadav proceeds on leave Caught in controversy is Solan plot that judge, 16 others purchased CHANDIGARH, SOLAN, August 22: On August 14, according to revenue records, a plot measuring 11.1 bighas in Solan was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the transaction, obtained by The Indian Express, show that the land was purchased by her and 16 others from six persons, all residents of village Rihun Pargana, near Kumharhatti in the Solan district of Himachal Pradesh. v="_x0000_i1025" v:shapes="_x0000_i1025"> This purchase is said to have figured in the meeting between Justice Yadav and the High Court Chief Justice yesterday. Justice Yadav is said to have told the Chief Justice: "Can't a judge buy legal property? Let the police or any other investigating agency prove that the money for the deal was provided by (Sanjeev) Bansal or Ravinder Singh." The purchasers and sellers obtained permission from the Himachal Pradesh Government under Section 118 of the Himachal Pradesh Tenancy Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that that the deal had been registered as per the details we have. The land was sold by residents of village including Baldev; Narinder Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The sellers have given a General Power of Attorney to Surinder Kumar (one of the partners among the sellers), who executed a sale agreement in favour of the buyers. Those named as purchasers (partners) in the land deal include Suruchi, a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek; Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector 11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav. Three booked in judge bribery case Haryana Addl Advocate General among booked Chandigarh, August 16: Three persons, including Additional Advocate General of Haryana Sanjeev Bansal, were on Saturday booked for an attempt to bribe a Punjab and Haryana High Court Judge. The other two are Bansal's munshi Parkash, who had carried Rs 15 lakh to the residence of High Court judge Nirmaljit Kaur on Wednesday night, and Ravinder Singh, a Delhi-based businessman who has a hotel in Karol Bagh. The munshi was taken into custody while a police party has been despatched to Delhi to nab Singh. Assistant Superintendent of Police Madhur Verma said the amount was supposed to be handed over to some other public servant but was mistakenly delivered at Kaur's house. An FIR was lodged after Kaur complained to the police. She also reported the matter to the Chief Justice. Police said Singh had allegedly paid Bansal a huge amount to get settled a criminal case pending in the High Court. The case is due to come up for hearing on Wednesday. Earlier, Singh had claimed the amount was pertaining to a property deal he had struck with a resident of Panchkula. The money was supposed to be delivered to one Nirmal Singh and was mistakenly delivered at the judge's house. Verma, however, said the preliminary investigation had ruled out the possibility of the amount being related to any property deal. "Bansal failed to give a detailed account of the cash. He produced some papers pertaining to some property in Panchkula but that did not carry any weight. Our investigations caught him on the wrong foot and, therefore, we booked him along with two others under the Prevention of Corruption Act and criminal conspiracy," he added. Bansal has been handling several high-profile cases. He is one of the dozen-odd Additional Advocate Generals appointed by the Haryana Government about two years ago. Corrupt judge in Allahabad High Court Posted By: Rajeev State: Uttar Pradesh District: Allahabad City: Allahabad * Conversation with Vigilance Officer – Audio Wave File * Conversation with Registrar General – Audio Wave File * Letter that CBI has forwarded to Registrar General – Tif Format If the Judges go corrupt, then it is GOD who will give one justice when one go to heaven or hell. It is a Irony that I filed a complaint against a District and Session Judge who later promoted to High Court of Allahabad. I wish the God will serve HIS justice to Hon'ble Justice Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice at Rs 100000 per page!! Here I am elaborating what had happened. In 1994, two people name Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father's property and in March 1994 they beat him and pulled his legs( just imagine the pain) making him handicapped for life. Then in court those guys were merely sentenced for 6 months in Jail, but they did not went for the jail for single day or hour and appealed to Sessions Court and then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal. It is a shame on Umeshwar Pandey that he cannot see a Handicapped man suffering for last 9 years and even then not given the justice. Umeshwar Pandey has taken this bribe via his Steno name some G. D. Gupta. It is the habit of Parashram and MohanLal to record the conversation while giving bribes on hidden audio recorder and the same cassette can be recovered if the authority try. It is been 8 months since I have informed various authorities by registered letters and phone calls from USA for no action till date. I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance Officer for no action till date and the recording attached is from Sept 2002. Similarly I have spoken with Mr. K. S. Rakhra who was posted as Registrar General but no action till date, and the recoding shown is from Sept 2002 too. Even CBI has forwarded my letter to Registrar General, but no action is taken on that one too. I have emaild my plea to few High court Judges too for no response. I just hope GOD is there who will give some justice. But the corrupt Judges should stop imitating as GOD they are devil actually. The only solution can be people make a limit. How much money a person needs. I often think about a story that a saint refused to take the food as he already got the food for today and he do not want to collect for tomorrow. But I don't know why people want to generate money for 7 generations. If a careful analysis and investigation is done Umeshwar Pamdey has Black money worth 3 generations. I guess instead of Lakhs and Carore now corruption should be measured in generations. Education is important. People need to understand the meaning of freedom truly. IF I say boldly India is still not free. People have mentality that they need to pay to Government officials for work. This mentality has to be removed. Thanks Rajeev HC suspends judge over corruption complaints AHMEDABAD: The Gujarat High Court has suspended a fast track court judge in Rajpipla after receiving several complaints of corruption and favouritism against her. Rajpipla fast track court Judge DL Desai was suspended on Thursday evening after a primary inquiry held by the court's vigilance department said that the complaints against her had substance. Further inquiry against her will be conducted by the department. Besides the complaint of favouritism in Rajpipla, where she was presently posted, the Desai was also accused of similar charges and issuing certificates without proper verification in Bharuch, where the she was discharging her duty as a principal district judge, the High Court authorities said. The HC administration seems to be seriously taking the issue of corruption prevailing in Gujarat's judiciary, as Desai's is the fourth suspension in last three months. Earlier in May, a judge in Surat's court, AN Vinjhola was suspended after similar complaints against him. The court administration also found him in possession of property out of proportion considering his known sources of income. Last month, two judges were suspended on charges of corruption. The Ahmedabad city civil Judge NM Thakor and KV Kakkad were also suspended by the HC after holding preliminary inquiry into complaints against them. All the four suspended judges are now facing departmental inquiry. FOREIGN TOURS OF INDIAN JUDGES AT TAXPAYER'S EXPENSE New Delhi: CNN-IBN's exclusive report on some judges using official trips to holiday, has sparked off the debate - should judges be above the purview of the Right to Information (RTI) Act? RTI activists say there is every reason why the RTI Act should apply to the higher judiciary as well. Questions are now being asked in South Block, too, following the expose on Supreme Court judges. Records obtained under the RTI shows judges have been converting work trips to holidays, taking long detours and are accompanied by their wives while traveling abroad. At present there are no travel guidelines for the judiciary and the Bar Council of India is suggesting a course correction. "I think the judges must pay or should pay the amount to the government," Bar Council of India Chairman SNP Sinha said in Patna on Wednesday. Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan's 11-day trip to Pretoria, South Africa in August 2007 the route was - Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg, Victoria Falls, where the judge finally didn't go and back to Delhi via Dubai. Former chief justice YK Sabharwal attended three conferences in 2005 to Edinburgh, Washington and Paris. While the conferences lasted 11 days, Sabharwal was out for 38 days with 21 days converted into a private visit. The travel plan included a detour from Washington to Baltimore, Orlando and Atlanta, before rejoining the conference route in Paris. The First Class air fare for Sabharwal's entire trip was paid by the government. Activists are now renewing the debate on the RTI act applying to judges as well RTI activist Arvind Kejriwal said: "It only underscores why the RTI needs to be applied to judges and judiciary." Just like Caesar's wife should be above suspicion, RTI activists are demanding that SC judges too should be seen to be accountable. Failure of RTI Act in India - In the clutches of corrupt public servants mafia In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law. The corruption has spread it's tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty. The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa's filing of B reports leading to closure of cases ? In the past how many suffered by srikantappa's actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ? The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it's face value & meat out injustices to the poor , innocents while aiding the rich criminals. When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences. The courts of law before accepting the records of government officials , must subject it to a "test of truth". When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent's side. In that way , impartially truth can be found out. After all , the objective of courts of law is "Quest for Truth", not just giving out judgements based on reports of corrupt officials. Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one's case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India – kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants. We at e – voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues. In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public's money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don't give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn't safe guard the rights , health , life of victims in custody. The judge doesn't check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of "local citizens vs coca cola company" in plachimada , kerala. Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company's records , by a team comprising of members from public , court , complainant & respondent ? Some of these criminal enterprises threaten to finish off the poor victims . as these company's have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims's family or survivors ? In India , do we truly have democracy & freedom ? is this corrupt India – what our freedom fighters dreamt of & fought for ? JUDGES IN PROVIDENT FUND SCAM ? NEW DELHI: Faced with accusations having the potential to unhinge the traditional public perception of the judiciary's clean image, the SC on Monday decided to examine the possible mode of probe into the Rs 23 crore illegal PF withdrawal scam allegedly involving 23 judges, including some from the HCs and one from the apex court. The difficult question on the mode of probe was posed by a petitioner, who is the chairman of Advocates Welfare Trust and Bar Association of Ghaziabad — the place where the scam took place — even as CJI K G Balakrishnan had shown faith in the integrity of the judges by asking the UP police, which is probing the scam, to send questionnaires to the judges, whose names allegedly figured in the scam. Unwilling to have the judges interrogated by the police at first go, SC had written to the UP police that if the response of those judges to the questionnaire did not satisfy the probe team, then it could send request for personal interrogation. The request for interrogation in person would be considered on merit, the SC had told the police in a communication. Appearing for the Bar, senior advocate Fali S Nariman flanked by senior advocates Anil Divan and M N Krishnamani expressed concern over the scandal and also pointed out the possible dent in the image of the judiciay if an SHO was seen interrogating a judge. Bench comprising CJI Balakrishnan and Justices P Sathasivam and J M Panchal appeared undecided about the constitution of a committee as suggested by Nariman, it decided to seek the assistance of solicitor general G E Vahanvati to chart out a possible course to deal with the situation. To keep the proceedings off the media glare, the bench decided to take up the matter in chamber on July 14, when Vahanvati and other senior advocates would make good their assistance to look for a way out of the problematic situation. The petition said one Ashutosh Asthana, the Central Nazir in the judgeship of Ghaziabad, had allegedly confessed before a magistrate about his role in the PF scam and had allegedly mentioned the names of 23 judges who were beneficiaries of the ill-gotten money. THE FALL OF THE ANGEL-CORRUPT INDIAN JUDICIARY the four main pillars of democratic setup in india are legislative , judiciary , executive & the enlightened citizens . now, one pillar after the other has started to crumble down paving the way for anarchy in future. in india there are not much of the enlightened citizens around.even the few who are there, are silenced by the criminal nexus while doing their fundamental duties as per the constitution of india.the rest of the citizens are kept in the dark, denied the awareness about democratic dynamics , by choking them for information. in india multi billion dollar defence deals to drainage civil constuction by the munciapality comes under "official secrets act". eventhough technically some informations does not fall under the purview of O.S.A. the ruling elite does not readily share the information.in democracy INFORMATION & THE EXPRESSION are key to it's functioning .by denying that key to the citizens the ruling setup alienates them from decision making process .thus, the enlightened citizens the pillar has been razed down to earth by the ruling elite. now, the criminalisation of politics has taken place almost completely in india. those criminals have appointed other criminals to the vital positions in the government .the criminal nexus of CRIMINAL-POLICE-POLITICIAN-BUREAUCRAT is reigning in India , violating the funamental / human rights of crores of indian citizens , robbing them of their national wealth worth billions. thereby other two pillars of democracy the legislative & the executive have fallen down. now, the one & only remaining pillar of democracy in india is the INDIAN JUDICIARY. it is the angel who provides justice to the commonners. now, the tentacles of corruption has engulfed the Indian judiciary too . there are charges against various judges ranging from bribery ,theft ,practice of untouchability ,false affidavit to murder .one judge has been accussed of literally running an AUCTION HOUSE OF JUDICIAL ORDERS in association with the underworld. in that place everything from BAIL,STAY TO ACQUITTAL FROM CASE was available for a price of course. it is only due to the pioneering efforts of media these scandals have come to light .the judiciary has hidden those scandals in a hush hush manner from the public eye. recently it was reported in " deccan herald " that a district judge of u.p. was acting as a pimp since years & supplying mod girls to politicians. in another report it was stated that a district judge of tamilnadu demanded sexual favours from a woman to give favourable judgement in a case when she refused to do his bidding he allegdely tried to rape her. quite recently, there was a news report about immoral acts of certain high ranking judges in a resort near mysore. it was indirectly implied that certain wowen advocates who were selected as judges were returning the favours immorally to the senior judges (who were in the selection committee) . i,as a human rights activist have requested various constitutional authorities to provide information about the misdoings of government officials , ministers ,judges & godmen. i didn't even receive the receipt of acknowledgement. i have even tried to file public interest litigations at the SUPREME COURT OF INDIA ,but to no avail. Even my requests for information from government authorities including supreme court of India as per RTI Act was not honoured. in my crusade seeking justice for all, i have myself suffered numerous injustices ,my news papers were closed down, i have suffered murder attempts on me , inspite of all these the CHIEF JUSTICE OF INDIA , THE CHAIRMAN OF NATIONAL HUMAN RIGHTS COMMISSION , THE CENTRAL VIGILANCE COMMISSIONER kept mum, didn't do their constitutional duties inspite of my repeated requests . thereby, they have violated my human rights & fundamental rights & have been obstructed from performing my constitutionally provided FUNDAMENTAL DUTIES. The courts of justice needs evidences to act upon , the public servants don't give records / reports which in turn becomes evidences , the public servants by taking bribe makes falsed biased interpretation of law , give favourable reports to rich & mighty ( but false reports ). The courts in turn depending on those false reports acquits rich & mighty , whereas the poor suffers injustices for being unable to produce evidences. The courts have the power , authority for ordering participation of public , aggrieved parties in the investigation teams enforcing various laws ( thereby the corrupt acts of public servants can be checked ) , but courts don't excercise that authority. See how the nexus of corrupt public servants � law enforcement agencies � judiciary works in India favouring the rich & subjugating the poor. Ofcourse , there are very few exceptions. PF SCAM SHAME SHAME CORRUPT JUDGES visit following websites , http://corruptmajority.blogspot.com/ , http://corruptjudges.rediffblogs.com/ Office for Profit: A Stink You Should Smell Former Supreme Court Chief Justice YK Sabharwal was involved in dubious judicial deal-making that earned his sons huge profits. So says a group of engaged and credible citizens led by former Law Minister Shanti Bhushan. And they have evidence to back their claims. Sanjay Dubey pieces together their case "The issue of sealing was difficult as on the one hand it was a question of law and on the other of the suffering among the people." This is how Justice YK Sabharwal, the former Chief Justice of India (CJI), described the demolition drive that had brought the nation's capital to a virtual standstill for weeks. In an interaction with the media on the eve of his retirement in January, Sabharwal singled out the Supreme Court's action against Delhi's shopkeepers as the most difficult decision he had taken as the Chief Justice. He elaborated on why it had become such a huge dilemma for him. "I earned the wrath of my relatives. Yesterday one of my relatives [affected by the sealing order] told me sarcastically that I am a big man. I told him I couldn't solve individual problems." The anguish with which the former chief justice of India described the sealing drive as the most difficult decision of his career, however, flies in the face of facts unearthed by a committee of equally eminent citizens called the Campaign for Judicial Accountability and Judicial Reforms. The Committee's patrons include such veteran torchbearers of public integrity as former law minister Shanti Bhushan, Justice VR Krishna Iyer, Admiral RH Tahiliani and the Supreme Court lawyer Prashant Bhushan. Documents gathered from many government departments by the committee cast a shadow of taint over the actions of Justice Sabharwal who, Shanti Bhushan says, "was a very competent judge". (See interview) Contrary to what Sabharwal said, the Committee's findings show that far from earning the wrath of his relatives, "the former chief justice has earned the gratitude of his family," as Shanti Bhushan puts it. The documents — perused by TEHELKA — show that Sabharwal's sons, Chetan Sabharwal and Nitin Sabharwal, clearly stood to benefit from their father's orders. His orders, thus, are against the principles of natural justice which say that no judge can hear a case in which he has a personal interest. According to Shanti Bhushan, instead of excusing himself because of conflict of interest, Sabharwal remained the presiding officer of the sealing case from 2004 till he retired in January 2007. It all flared up on February 16, 2006, the day then Chief Justice of India, YK Sabharwal, passed the order which set in motion the process of sealing of properties being used for commercial purposes in designated residential areas in Delhi. The sealing and demolition drive to implement the court order forced thousands of small and medium-sized commercial establishments to either shut shop or buy or rent premises in malls and commercial complexes. There were reports of suicides and heart attacks as the government tried to cope with a precarious law and order situation in the capital; it had little choice but to implement the Supreme Court's (SC) orders. Everything was being done in the name of upholding the law — or so it seemed. It now transpires that even as Delhi was bleeding, Justice Sabharwal's elder son Chetan and younger son Nitin, were breaking the law. Documents presented by the Committee reveal that at least two companies owned by Chetan and Nitin — Pawan Impex (PI) and Harpawan Constructors (HC) — were operating from their father's private residence, 3/81, Punjabi Bagh, when the sealing drive was in full swing. Even more surprising is the fact that for the greater part of 2004, Pawan Impex was operating out of 6, Motilal Nehru Place, the official residence of Justice Sabharwal, who was then one of the senior-most SC judges. According to documents filed by Pawan Impex with the Department of Company Affairs, its registered office was shifted from 3/81, Punjabi Bagh to 6, Motilal Nehru Place in January 2004. For the next 10 months, the house of a senior SC judge — Sabharwal — was also the firm's registered office. Documents from the Department of Company Affairs also reveal that on October 23, 2004, the promoter of one of the biggest shopping malls and commercial complexes in Delhi, Kabul Chawla of Business Park Town Planners (BPTP) Limited, was inducted in Pawan Impex as a 50 percent shareholder. On the same day, Pawan Impex's registered office was shifted back to its old address in Punjabi Bagh. Soon thereafter, Chawla's wife, Anjali Chawla, was also made a director in the company. Sabharwal's sons nurtured ambitious real-estate dreams. And they began laying its foundations when they set up a construction company, called Harpawan Constructors, on April 8, 2005. An important decision taken by their father a few days earlier was going to change both Delhi's and their fortunes. On March 17, 2005, Justice Sabharwal, who at the time was dealing with the case of polluting industries operating in residential areas, ordered that he would now also deal with the case of commercial establishments operating from residential areas. Another bench of the Supreme Court had admitted this case in 2003. In October 2005, another bigwig in the Delhi mall business, Purushottam Bhageria of Fargo estates, joined hands with Chetan and Nitin. He was appointed a director in Harpawan Constructors, as was his brother Madhusudan Bhageria. Soon after this, Bhageria announced his plans to develop Square 1 Mall in Saket in New Delhi. It was touted as one of the largest and most luxurious malls planned in Delhi. In November 2005, Justice Sabharwal became the cji and by February 16, 2006 when he passed the "most difficult" order of his life to seal the commercial establishments operating from residential areas, his sons were on track to enter the mall and commercial complexes business in a big way, having sewn up partnerships with two of the biggest commercial real estate developers in Delhi. The Sabharwals' commercial complex development business took off thereafter. On June 21, 2006, Pawan Impex's share-capital increased from Rs 1 lakh to Rs 3 crore. Then, on September 30, 2006, the Chawlas of BPTP developers invested Rs 1.5 crore in the company. On August 22, 2006, Pawan Impex was given a Rs 28-crore loan by the Union Bank of India. The loan was secured by mortgaging the "plant, machinery and other assets" lying in plots A-3, 4 and 5 in Sector 125, Noida. But, in fact, there is no plant or machinery here. Instead, a huge it park — Park Centra — worth hundreds of crores is being built by BPTP Ltd. Sources in the Noida Authority have confided that these three plots (A-3, 4 and 5 in Noida's Sector 125) were allotted to Pawan Impex on December 29, 2004 by the Mulayam Singh government then in power in UP at Rs 3,700/sq. metre, when the market price of commercial land here was at least Rs 30,000/sq. metre. Moreover, a commercial plot measuring 12,000 sq metres (plot 12A, in Sector 68) was allotted to another company owned by the Sabharwals, Sabs Exports, on November 10, 2006, at Rs 4,000/square metre. The market price of commercial plots there at the time was at least 10 times as much. These are not the only plots allotted at throwaway prices to the Sabharwals. On November 6, 2000, Sabs Exports was allotted three plots (C103, 104 and 105) measuring 800 square metres each in Sector 63 at a rate of Rs 2,100/square metre, when the market price was many times higher. TEHELKA has documents which show that a residential plot in Noida's upSCale Sector 44 was allotted to Justice Sabharwal's daughter-in-law, Sheeba Sabharwal, in 2005. It is noteworthy that this plot was part of the Noida allotment SCam — wherein plots were allotted to sundry influential people and their relatives, when in fact they were supposed to have been allotted by a random draw of lots. An embarrassed UP government cancelled the allotments. The SC for some reason immediately stayed the CBI probe into the allotments ordered by the Allahabad High Court. It is perhaps also significant that Justice Sabharwal himself stayed the publication of the so-called Amar Singh tapes, which were said to have phone conversations that showed Singh in poor light. "Thus, from owning smalltime export-import firms till 2004, the Sabharwals in just two years time got into the business of developing commercial complexes and appear to be rolling in money," the report by the Committee concludes. All this happened when Justice Sabharwal was a senior judge and then the Chief Justice, dealing with the sealing cases and passing orders which stood to benefit his sons and their partners. The continuing good fortune of the Sabharwals can be gauged by their recent purchase of a property worth several crores. TEHELKA has a sale deed of a house in south Delhi's upscale Maharani Bagh which shows that Chetan and Nitin purchased a 1,180-square-yard bungalow (B-9 Maharani Bagh) in March 2007 from the heirs of former Law Minister Jagannath Kaushal for a stated consideration of Rs 15.43 crore. They gave their father's name as Yogesh Kumar (minus the surname Sabharwal) and their office address instead of their Punjabi Bagh residence address. On May 28, the Income Tax department sent a notice to Pawan Impex seeking details of their business activities, accounts, assets and sources of funds. But the legal experts TEHELKA spoke to feel that the matter is more serious. The conduct of Justice Sabharwal and his sons appears to involve offences beyond the purview of the Income Tax Act. Legal experts, including Prashant Bhushan, feel that the extent to which mall developers funded the asset-acquisition by the Sabharwals needs to be probed. Several attempts by TEHELKA to contact Justice Sabharwal for his response to the charges went unanswered. The charges made by the committee underscore the need for a National Judicial Commission, an independent body with an investigative arm, which can look into complaints against judges. It only stands to reason that the guardians of the law come under the purview of the same laws they base their judgements on. Justice Sabharwal's Defence Gets Murkier Senior advocate Prashant Bhushan, part of the eminent panel that framed allegations against former Chief Justice of India YK Sabharwal, rebuts the retired judge's rejoinder point by point Using the strategy of a clever and street-smart defence lawyer, Justice YK Sabharwal's defence of the serious charges levelled against him sidesteps the inconvenient and emphasises the irrelevant to evoke sympathy. To examine the adequacy of his defence, we need to see his defence against the gravamen of each charge against him. CHARGE NO. 1 That his sons' companies had shifted their registered offices to his official residence. SABHARWAL'S RESPONSE: That as soon as he came to know he ordered his sons' to shift them back. OUR REJOINDER: This is false. In April 2007, in a recorded interview with the Mid-Day reporter MK Tayal he feigned total ignorance of the shifting of the offices to his official residence. In fact, the registered offices were shifted back from his official residence to his Punjabi Bagh residence exactly on the day that the Business Park Town Planners Ltd (BPTP) mall developers became his sons' partners, making it very risky to continue at his official residence. CHARGE NO. 2 That he called for and dealt with the sealing of commercial property case in March 2005, though it was not assigned to him. It is only the Chief Justice (CJ)who can assign pending cases to various judges. He was not the CJ at that time. Justice Sabharwal does not answer this charge. CHARGE NO. 3 That he did this exactly around the time that his sons got into partnerships with mall and commercial complex developers, who stood to benefit from his sealing orders. HIS RESPONSE: That they were his sons' friends. That Harpawan Constructors which was set up by his sons with the mall developer Purushottam Bagheria did not do any business. In fact the courts under him got Bagheria's 1 MG road mall demolished. That his sons are not developing shopping malls but only an IT park. OUR REJOINDER: If so many mall and commercial complex developers were his sons' close friends, then he should not have dealt with the case anyway since that creates an immediate conflict of interest. Moreover, why should they go into partnership with these developers who stood to benefit from Justice Sabharwal's orders, and that too exactly at the time when he seizes control of the sealing of commercial property case and starts dealing with it. He says that the company set up by his sons in partnership with Bagheria has not done any business. If so, why was this new company set up for developing commercial complexes in partnership with this builder? In an interview with Zee News, Justice Sabharwal claims credit for the judiciary under him ordering the demolition of the illegal 1 MG road mall owned by Bagheria. But then why do his sons enter into partnerships with such an illegal builder whose buildings have had to be demolished by the Judiciary? And immediately after this partnership with the Sabharwals, Bagheria went on to announce the construction of "Square 1 mall" in Saket as the most fashionable mall in India. And all the fashion designers who had their shops and outlets at 1 MG road went on to buy space in the Square 1 mall. What is important to note here is that Bagheria and his partners at 1 MG road had already parted with all the space on 1 MG.The demolition thus hurt the designers and others who had bought shops there, but did not hurt Bagheria who may have benefited from it by clearing the land of his tenants and getting them to buy space at his new malls in Saket and elsewhere. An IT park is also a commercial complex like any other. Many commercial establishments sealed were IT centres and BPOs which were forced to buy space in IT parks like that being constructed by his sons and their partners. CHARGE NO. 4 That the Union Bank of India gave a loan of Rs 28 crore to his sons' company: Pawan Impex on a collateral of plant and machinery and other moveables at the site of their proposed IT park, which were non-existent. HIS RESPONSE: That his sons' had a credit facility of Rs 75 crore. OUR REJOINDER: If that were the case, what was the need for mortgaging non-existent assets for obtaining this loan? Moreover, the banks' senior manager is on record saying that the loan was given on the basis of projected sales to prospective customers. CHARGE NO. 5 That because of the obvious conflict of interest, he could not have dealt with this case. HIS RESPONSE: That his orders have never benefited his sons. OUR REJOINDER: His orders of sealing lakhs of commercial properties clearly forced those establishments to buy or rent space in commercial complexes like those that his sons' company were constructing; and shopping malls etc that their friends and partners were constructing. There was a clear conflict of interest and his orders have clearly benefited his sons and their partners. CHARGE NO. 6 That a large number of industrial and commercial plots were allotted in Noida by the UP government to his sons' companies, at prices far below the market price. In particular, several huge plots were allotted between December 2004 and November 2006 by the Mulayam Singh/Amar Singh government, while he was dealing with the Amar Singh tapes case, and had stayed the publication of those tapes on the behest of Amar Singh. HIS RESPONSE: That some of the plots were allotted by earlier different governments. That the prices were not far below the market price. That the allotments were made in the normal course to his sons who were entrepreneurs and were providing employment to hundreds of people in Noida. OUR REJOINDER: The allotments are definitely not in the normal course. How can three plots of one acre each be allotted to one company on the same date? In fact, these allotments are made at a time when the share capital of this company was just Rs 1 lakh and it had no track record of making any IT park or doing any business whatsoever. They have been allotted within days of the application with no procedure of draw of lots or any other system being followed, other than a bogus interview. The rate of Rs 3,700 per square metre was far below the market rate, and anybody including us would be happy to buy these plots at three times the allotment rate today. The huge plot of three acres, No. 12 A in Sector 68 (which appears to be carved out later for them) to Sabs Exports in November 2006 at a throwaway price of Rs 4,000 per square metre is also not in the normal course and was similarly made within days of application and a bogus interview, without any other system. Moreover, the allotment has been made at a time when he was dealing with the Amar Singh tapes case and had stayed the publication of the tapes. We would be happy to buy that plot too at three times the price at which it was given to them. CHARGE NO. 7 That his sons have purchased a 1,150-square metre house in Maharani Bagh, New Delhi in March 2007 for a consideration of Rs 15.46 crore. The source of money for this is unexplained and in the sale deed they seek to conceal their relationship with Justice Sabharwal by writing his name as Yogesh Kumar and giving their factory address instead of the residential address. HIS RESPONSE: That 90 percent of the money for the purchase of this house was from four banks; that his sons concealed his full name in the sale deed in order to avoid taking advantage of their association with him. OUR REJOINDER: Banks do not normally advance loans of 90 percent of the value of a property on its security. Otherwise they would end up holding inadequate security if the property prices fall by even 15 percent. If they have done so in this case, it is either because of an undue favour as in the case of the loan of Rs 28 crore to Pawan Impex, or they valued the property higher than the declared purchase price. His explanation for concealing his name in the sale deed is hilarious and unbelievable since his sons did not hesitate to use his official residence as the registered office of their companies. Moreover, this was in a registered sale deed with a private party, where there was no occasion for taking any advantage by using his name. It is therefore clear that Justice Sabharwal is guilty of serious judicial misconduct and appears to be prima facie guilty of offences under the Prevention of Corruption Act which need to be investigated. PUBLIC CROSS-EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ? Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ? Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ? Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ? Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ? Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ? Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ? Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ? Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ? Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ? Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ? Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ? Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ? Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ? Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ? Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ? Q17.has GOI funded any terrorist outfits in india or abroad ? Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ? Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ? Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ? Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ? Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ? Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ? Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ? Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ? Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ? Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ? Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ? Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ? Q31. Why no action , reply regarding the complaint till date ? Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ? Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ? Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ? Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ? Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ? Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ? Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ? Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ? Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ? Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ? Q42. Does smt. Sonia Gandhi have citizenship of any other country ? Q43. Did she occupy any public office while enjoying dual citizenship ? Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ? Q45. Is mr. M.S SUBBA member of parliament a citizen of india ? Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ? Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ? Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ? Q49. What action by the government ? Q50. How many Indians are in the custody of police / military in various foreign countries ? Q51. How many foreigners are there in Indian prisons ? Q52. How GOI is protecting the human rights of these prisoners ? Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ? Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ? Q55. How many cases has been filed since 1987 till date ? Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rd degree torture , lock-up deaths of innocents in forest brigand veerappan's territory , based on justice A.J.Sadashiva commission findings ? if not why ? Q57. I , as a citizen of india as my "fundamental duty" hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ? Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ? Q59. What is the amount of coverage to a police constable & his family ? Q60. Who makes the premium contributions ? Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ? Q62. Is the government giving any training to police personnel in public interaction , human rights ? Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ? Q64. What is the ratio of police personnel to total population in india since 1987 ? Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ? Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ? Q67. Is it not right to put it under impartial control of NHRC or like bodies ? Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters. Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ? Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ? Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ? Q73. what action has been taken against guilty judges ? Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ? Q75. why some high ranking judges are not legally prosecuted for their wrong doings ? Q76. are judges above law ? are not everybody equal before law ? Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ? Q78. how ? if not why ? Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ? Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ? Q81. how does the judiciary verifies those statements ? Q82. is such statements made public , on web ? Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ? Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like "poly graph , lie detector , brain mapping , etc" , in the interest of justice & truth ? Q85. judges are not employees of government , so they are ineligible to be the members of "Karnataka state government judicial department house building co-operative society". Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society's – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ? Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ? Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person's case responsible for it ? Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ? Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon. Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon. Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ? Q92. how judiciary is monitoring food & medical care to prisoners ? Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ? Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ? Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ? Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ? Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ? Q98. what is the criteria adopted for promotion of judges ? Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ? Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ? Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures . Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ? Q103. are not these measures a failure , looking at present state of affairs of judiciary ? Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ? Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ? Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ? Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ? Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ? Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ? Q110. why numerous appeals for PIL by me , were not considered ? Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ? Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ? Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ? Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ? Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ? Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ? Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ? Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ? Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ? Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ? Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ? Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ? Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) : DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618 Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages http://groups.yahoo.com/group/naghrw/message/182 , http://groups.yahoo.com/group/naghrw/message/206 , http://groups.yahoo.com/group/naghrw/message/208 , http://groups.yahoo.com/group/naghrw/message/212 , http://groups.yahoo.com/group/naghrw/message/209 , http://groups.yahoo.com/group/naghrw what are the status of those appeals ? Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer. Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ? Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces. Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ? Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ? Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ? Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ? Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ? Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ? Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ? Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ? Q135. what about the status of cases against shri.netaji subash Chandra bose ? Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ? Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ? Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ? Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ? Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ? Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ? Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ? Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India? a) Inside the House b) Outside the House Q144. What are privileges conferred on constitutional functionaries, like a) President of India b) Prime Minister of India c) Chief Justice of India d) Chairman of NHRC e) Central Vigilance Commissioners. Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ? a) Cover all their official actions irrespective of merit. b) Cover both their official & personal actions. Q146. Are the privileges defined & codified ? Q147. Are these privileges above freedom of the press ? Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ? Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ? Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ? Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ? Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House. Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ? Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ? Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ? Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more valid) in a democracy ? Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ? Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ? Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.? Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ? Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?. Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ? Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ? Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ? Q166. does it not show that judges are more equal than others ? Q167. who are involved in PF scam ? what action against guilty judges ? Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007. History of Corruption in Indian Judiciary since Independence: 1947 - 2003 1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges & Constitution Framers: Our Fore-Fathers represented by Constituent Assembly of India framers of Constitution of India then in 1949 (year before Consitution came into existence) impeached Mr. Justice Sinha; finding him "guilty of improper exercise of Judicial functions, the cumulative effect of which was to lower the dignity of his office and undermine the confidence of the public in the administration of justice…" [008.07]. Such/ similar acts/ behaviours by whom-so-ever including Judges is since 1971 is covered as an act of Criminal Contempt of Court [041.05 ]. Not a single Judge is either Impeached or hauled-up for Contempt till 1991. Peoples' Inner Hope Courts to maintain their Majesty & Dignity will prosecute 1000 Judges in context, who have tarnished & undermined the Fair image of Judiciary. Let Judges relish Jail for months if not years ; to asses personally the convinences-N-comforts provided even to innocent citizens or persons who were not having Rs. 100 to give as Bail. Then they will be in better position to Transform Jails into Reformation Centres. Jailing corrupt Judges by Judges , we hope will instill confidence of people in Courts & law. Who-is-who of India then only will scare to get into any scam nor Criminals will think of becoming Legislators. 1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India permitted Central Bureau of India to file case of Dis-proportionate of Income / wealth against Chief Justice Madras High Court Mr. K. Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years elaped. Sheltered by Courts' easy-go-tactic. [049.04] [059.05 ] 1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K. Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty of several charges. Supreme Court of India also upheld guilty of 3-4 charges ; & recommended to Parliament for further action. Parliamentarians failed in their Duty to Impeach the Sitting Judge of Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of Eminent Constitution makers ; but chose to have unholy alliance with Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ]. Supreme Court which upheld Charges of Mis-Behaviour also , we opine , failed to prosecute him under Contempt of Court Act & relevant Laws . It also failed " To Do Complete Justice" by invoking Article142 . Criminal Judge was allowed to go scot-free; both by Parliament & Supreme Court ! Good precedent for other Judges ? If so What kind of message to we-innocent-Citizens ? For almost complete proceedings in SC & Parliament: [008.00 ] 1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High Court was forced to resign in 1995 after it was found that he had received Rs.70 lakh as book advance from a publishing firm known to have links with the underworld. 1996 AJIT SENGUPTA: The Calcutta High Court judge made it a routine to issue ex parte, ad interim stay orders on anticipatory bail pleas from smugglers having links with the Mumbai underworld. He was arrested in 1996 for FERA violations after retirement 1994 to 1997: A.M. AHMADI: When he was Chief Justice of India (October 1994-March 1997), his daughter, a lawyer in the Delhi High Court, caused eyebrows to be raised for getting "special" treatment from certain judges. When some members of the bar sought a resolution banning lawyer relatives of judges from staying in the same house, the CJI got members to defeat the motion. 2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of using his position to get the subordinate judiciary to rule in favour of his wife and mother-in-law in a suit that had been barred by limitation for two decades.For more: [049.05] [049.05A] [049.05B] [049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram Jethmalani's " BIG EGOS, small men ". (b) Supreme Court , while he was CJI,directed a CBI probe after a dispute arose over his age in 2000. The investigation report was not made public.This arose due to scan copy published in Ram Jethmalani's " BIG EGOS, small men ". 2002: SEX FOR ACQUITTAL In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that a deputy registrar of the Rajasthan High Court had sought sexual favours for himself and for Justice Arun Madan to "fix" a case in her favour. Justice Mr.• Arun Madan . Case of Lady Sunita Malviya.STATUS: A committee set up by former CJI G.B. Pattanaik found prima facie evidence against Madan, who does not attend court anymore. Judge Resigned CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought the help of disgraced PPSC chief R.P. Sidhu to ensure that their daughters and other kin topped examinations conducted by the commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir Singh STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh have resigned M.L. Singh continues, though no work is allotted to him. 2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November 3, 2002, three judges of the Karnataka High Court, along with two women advocates, allegedly got involved in a brawl with a woman guest at a resort. The police arrived but reportedly didn't take action. Judges are N.S. Veerabhadraiah , V. Gopalagowda &• Chandrashekaraiah .STATUS: The three-judge inquiry committee appointed by the CJI filed its report. Gave clean chit. March 2003 - Delhi High Court Judge resigns: Suspected of collusion with Property Developers. Raids by CBI on corrupt higher officials in Delhi Development Authority (DDA), found Draft Judgement-N-Court Records ________________________________________ E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is ultra vires Article 14 of Constitution of India: " The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India" Following Questions / Issues, inter alia , arise ( a ) Enquiry in-camera was held contrary to the observations made by, Constituent Assembly of India in 1949. In its' Impeachment Order had held thus:"While we are alive to the desirability, in the interests of the public, of investigating charges against a Judge in open court, we held the Enquiry in-camera in view of the allegation made in the affidavits and the circumstances of the case. This mode of proceeding should not, however, be regarded as a precedent." [008.07 ]. ( b) In the case of similar In-House Inquiry held under the Orders of Chief Justice of India in Jusice V. Ramaswami's case , Justice Ramaswami had held that " Inquiring Committee" as well as " Inquiry" have no basis & force of law. It is reflected in the Report , which was read-out by CJI to Advocates & publicised , submitted by 3 Judges Committee thus" Indeed Justice Ramaswami had made it clear to the Chief Justice that he did not recognise any such Jurisdiction in any body or authority." (c) It will not be out-of place to mention here that Two of "Three Judges Committee " appointed by CJI in Re. V. Ramaswami's case are alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like Criminal investigating another criminal . ( d ) If so how sure can we be that " 3 Judges Committee " appointed to invetigate " 3 Judges Mysore Sex Scandal " were un-biased or were above Board & have presented an accurate Report ? Queries to Supreme Court , Parliament of India & Central Government In Re. Judges' Mysore Sex Scandal ( a)" Will the Supreme Court Publicise Report of " 3 Judges Committee " ( all & sundry material); morefully to know whether any evidence adduced by many in support of Scam is informed to CJI & Supreme Court ? (b) What is the Guarantee that despite prima facie evidence Judges of Supreme Court which consists of Few corrupt Judges seved in Karnataka are not inclined to take stern action ? (c) Investigation of a Crime comitted by Minister or anyone lies within Executive Domain like the case Justice K.Veeraswami, in this case CBI . Is it not a case of hushing-up & messing-up of " 3 Pillars of Constitution " ?. (d) How long will you try keeping suppressed Crimes of Judges of Supreme Court & High Courts when Union Law Minister Mr. P. Shiva Shankar , on 28th Nov.1987 said " Supreme Court is filled with FERA violators & Bride Burners…" ( AIR 1988 SC 1208 ). When Chief Justice Of India Justice E.S. Venkataramaiaha admits that "in every High Court there are 3-4 Judges who are out every evening to Party in Foreign Embassiies or at Advocates' places…drink…dine…" (1990 Cr LJ 2179 ) [041.09]. (e) 20% of Judges are corrupt , indirectly said Chief Justice of India Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges of India are not corrupt & are above board to be bribed or influnced ? Then why cases are not filed against 20% of Judges ? ________________________________________ India Together: New law needed for witness protection, from Volume 4, Issue 1, of Combat Law New law needed for witness protection There is an urgent need to bring forth a bill of right to preserve and protect victims' and witnesses' rights, and due process. This is necessary to ensure that such persons participate in the legal process without fear, so that justice can be assured, says H Suresh. Combat Law, Vol. 4, Issue 1 - On 8th August 2003, in the case of National Human Rights Commission v. State of Gujarat, the Supreme Court regretted that "no law has yet been enacted, not even a scheme has been framed by the Union of India or by the State Government for giving protection to the witnesses." Later on in the case of Zahira v. State of Gujarat, while transferring what is known as the Best Bakery Case, to Mumbai by its Order dated 12th April, 2004, directed: "The State of Gujarat shall also ensure that the witnesses are produced before the concerned court, whenever they are required to attend them, so that they can depose freely without any apprehension of threat or coercion from any person. In case any witness asks for protection, the State of Maharashtra shall also provide such protection as deemed necessary, in addition to the protection to be provided for by the State of Gujarat." Between August 2003 and April 2004, neither Gujarat nor Maharashtra had framed any witness protection scheme. The Supreme Court itself did not spell out any guidelines for witness protection in either of these two cases. The erstwhile trial in Gujarat was an 'over-hasty stage-managed, tailored and partisan trial.' The worst culprit was the State of Gujarat itself and all its agencies. The censure and the reprimand, were all directed against the State and its modern day Neros. "When fences start to swallow the crops, no scope will be left for survival of law and order or truth and justice. Public order as well as public interest become martyrs and monuments." It is unfortunate that the State of Gujarat itself was entrusted with the responsibility of protection to the witnesses, as the case stood transferred to Maharashtra. The witnesses now are in the same predicament as before, in the re-trial that is going on in Mumbai. It is said that, in India, in most of the cases involving rich influential persons or corrupt politicians, crucial witnesses turn hostile, making the rule of law, a mockery. Very often witnesses become untraceable. Sometimes they are just eliminated. Recommendations by Commissions The Law Commission in its 14th Report (1958) referred to 'witness-protection', but that was in a limited sense. That related to proper arrangements being provided in the Courthouse, the scales of travelling allowance, their daily allowance etc. The National Police Commission Report (1980) again dealt with the inadequacy of daily allowance for the witnesses, but nothing more. The 154th Report of the Law Commission 1996 contains a chapter on Protection and facilities to Witnesses. The recommendations mostly related to allowances and facilities to be made available for the witnesses. However, one of the recommendations was: "Witnesses should be protected from the wrath of the accused in any eventuality", but, again, the Commission did not suggest any measures for the physical protection of witnesses. The 178th Report of Law Commission, again, referred to the fact of witness turning hostile, and the recommendations were only to prevent witnesses from turning hostile. The Report suggested an amendment to insert S.164 A to the Code of Criminal Procedure, as under: 164 A (1) Any police officer making an investigation into any offence punishable with imprisonment for a period of ten years or more (with or without fine) including an offence which is punishable with death, shall in the course of such investigation, forward all persons whose evidence is essential for the just decision of the case, to the nearest Magistrate for recording their statement. (2) The Magistrate shall record the statements of such persons forwarded to him under sub-section (1) on oath and shall keep such statements with him awaiting further police report under Section 173. (3) Copies of such statements shall be furnished to the investigating officer. (4) If the Magistrate recording the statement is not empowered to take cognizance of such offence, he shall send the statements so recorded to the magistrate empowered to take cognizance of the case. (5) The statement of any person duly recorded as a witness under sub- section (1) may, if such witness is produced and examined, in the discretion of the court and subject to the provisions of the Indian Evidence Act, 1872, be treated as evidence. No Government has accepted this. The latest is Malimath Committee Report which contains a casual statement that a law should be enacted for giving protection to witnesses and their family members, without specifying any provision or scheme whatsoever. It is ironic that draconian laws like Terrorist and Disruptive Activities (Prevention) Act, 1987, and Prevention of Terrorism Act, 2002, provided for protection of witnesses. The prosecution as also the Court could direct that the identity and the address of the witness be kept secret. The Court could even avoid the mention of the names and addresses in its order or judgement. It is generally perceived that these provisions were incorporated not with any concern for the witnesses, but to prevent the accused from preparing an effective defence and to deny fair trial. In India, in most of the cases involving rich influential persons or corrupt politicians, crucial witnesses turn hostile, making the rule of law, a mockery. Under S.151 and 152 of Indian Evidence Act, 1872, victims and witnesses are protected from being asked indecent, scandalous, offensive questions, and questions intended to annoy or insult them. Otherwise, there is no other provision for protection of witnesses, as against threats, intimidation or any inducement whereby they are prevented from telling the truth. Very often, when an accused is released on bail, one of the terms and conditions imposed by the Court on the accused, is that he shall not tamper the evidence, or approach the witnesses. This, again, is not as a provision for protection of the witnesses, but only to ensure the trial is not rendered infructuous. Judges also hold in-camera trials to ensure deposition by witnesses without any fear or embarrassment. Recently the Supreme Court has permitted recording of evidence by video-conferencing. All these are inadequate without a specific legal provision guaranteeing protective measures to victims before the trial and also after the trial. International Laws Under the English law, threatening a witness from giving evidence, is contempt of Court. So also any act of threat or revenge against a witness after he has given evidence in Court, is also considered as contempt. Recently the U.K. Government has a law known as Criminal Justice and Public Order Act, 1994 which provides for punishment for intimidation of witnesses. S.51 of the Act not only protects a person who is actually going to give evidence at a trial, but also protects a person who is helping with or could help with the investigation of a crime. Under a similar law in Hongkong, Crimes Ord (Cap 200) HK, if the threat or intimidation is directed even as against a friend or relative of the witness, that becomes a punishable offence. In the United States, the Organised Crime Control Act, 1970 and later the Comprehensive Crime Control Act, 1984 authorised the Witness Security Program. The Witness Security Reform Act, 1984 provides for relocation and other protection of a witness or a potential witness in an official proceeding concerning an organised criminal activity or other serious offence. Protection may also be provided to the immediate family of, or a person closely associated with, such witness or potential witness if the family or person may also be endangered on account of the participation of the witness in the judicial proceeding. The Attorney General takes the final decision whether a person is qualified for protection from bodily injury and otherwise to assure the health, safety and welfare of that person. In a large number of cases, witnesses have been protected, relocated and sometimes even given new identities. The Program assists in providing housing, medical care, job training and assistance in obtaining employment and subsistence funding until the witness becomes self-sufficient. The Attorney General shall not provide protection to any person if the risk of danger to the public, including the potential harm to innocent victims, overweighs the need for that person's testimony. A similar program is in Canada under Witness Protection Act, 1996. The purpose of the Act is "to promote law enforcement by facilitating the protection of persons who are involved directly or indirectly in providing assistance in law enforcement matters" [Section 3]. Protection given to a witness may include relocation, accommodation and change of identity as well as counselling and financial support to ensure the security of the protectee or to facilitate his becoming self-sufficient. Admission to the Program is determined by the Commissioner of Police on a recommendation by a law enforcement agency or an international criminal court or tribunal [Sections 5 and 6]. The extent of protection depends on the nature of the risk to the security of the witness, the value of the evidence and the importance in the matter. The Australian Witness Protection Act, 1994 establishes the National Witness Protection Program in which (amongst others) the Commissioner of the Australian Federal Police arranges or provides protection and other assistance for witnesses [Section 4]. The witness must disclose a wealth of information about himself before he is included in the Program. This includes his outstanding legal obligations, details of his criminal history, details of his financial liabilities and assets etc. [Section 7]. The Commissioner has the sole responsibility of deciding whether to include a witness in the Program. The Witness Protection Act, 1998 of South Africa provides for the establishment of an office called the Office for Witness Protection within the Department of Justice. The Director of this office is responsible for the protection of witnesses and related persons and exercises control over Witness Protection Officers and Security Officers [Section 4]. Any witness who has reason to believe that his safety is threatened by any person or group or class of persons may report such belief to the Investigating Officer in a proceeding or any person in-charge of a police station or the Public Prosecutor etc. [Section 7] and apply for being placed under protection. The application is then considered by a Witness Protection Officer who prepares a report, which is then submitted to The Director [Section 9]. The Director, having due regard to the report and the recommendation of the Witness Protection Officer, takes into account the following factors, inter alia, [Section 10] for deciding whether a person should be placed under protection or not: The nature and extent of the risk to the safety of the witness or related person. The nature of the proceedings in which the witness has given evidence or may be required to give evidence. The importance, relevance and nature of the evidence, etc. In European countries such as Italy, Germany and Netherlands, the Witness Protection Programme covers organised crimes, terrorism, and other violent crimes where the accused already know the witness/victim. It is ironic that draconian laws like Terrorist and Disruptive Activities (Prevention) Act, 1987, and Prevention of Terrorism Act, 2002, provided for protection of witnesses. A comprehensive witness protection programme is in the Philippines. The law, the Witness Protection Security and Benefit Act, aims to protect witnesses and grant them certain rights and benefits to ensure their appearance in investigative bodies/court. Protection is given to witnesses in cases involving grave offences. Sometimes protection could be given to a person who has participated in the commission of a crime but desires to be a witness for the State (such as approvers). Before a person is provided protection under this Act, he/she shall first execute a Memorandum of Agreement with the Secretary of Department of Justice, which shall set forth the witness' duties and responsibilities such as, but not limited to, the following: To testify before and provide information to all appropriate law enforcement officials concerning or arising from the activities involved in the offense charged; To avoid the commission of a crime; To take all necessary precautions to avoid detection by others of the facts concerning the protection provided him under the Act; To comply with legal obligations and civil judgements against him; To cooperate with respect to all reasonable requests of off1icer and employers of the Government who are providing him protection. To regularly reform the program officials of his current activities and address; To comply with such other conditions as may be imposed by the Secretary of Justice. Once a person/witness has been accepted under the witness protection program, he/she shall have the following rights and benefits: To have a secure housing facility or, when circumstances warrant, to relocation and/or change of personal identity at the expense of the Program. To have a means of livelihood and financial assistance from the Program for his support and that of his family. Not to be removed from or demoted in work provided his/her employer is notified through a certification to be issued by the Department of Justice. Further, he/she shall be paid his/her equivalent salaries or wages corresponding to the number of days of absence. To be provided with reasonable travelling expenses and subsistence allowance. To be provided with free medical treatment, hospitalisation and medical expenses. If a witness is killed because of his participation in the Program, his/her heirs shall be entitled to a burial benefit of not less than Ten Thousand Pesos P10,000.00 exclusive of any other benefit he may be entitled under the Program. In case of death or permanent incapacity, his minor or dependent children shall be entitled to free education from primary to college level in any state or private school, college or university as may be determined by the Department of Justice. However, if the witness covered by the scheme fails or refuses to testify, he would be liable for contempt and also for perjury, if he testifies falsely or evasively. International Criminal Court The need for setting up separate victim and witness protection units in the trial of mass crimes has been acknowledged in the setting up of international tribunals to deal with them. The International Criminal Tribunal for Rwanda has formulated rules for protection of victims and witnesses. Similar provisions exist in the Statute for the creation of an International Criminal Court (ICC). In most of the cases, witnesses are the victims of the crime. And the most vulnerable amongst them are women and children. Under the existing system they are mere pawns in a criminal trial and there is very little concern for protecting their real interests. The protection is necessary so that there is no miscarriage of justice; but protection is also necessary to restore in them, a sense of human dignity which stands shattered in a situation like Gujarat carnage. The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power was adopted by the United Nations General Assembly in resolution 40/34 of 29 November 1985. According to the first paragraph of this declaration, victims of crime are described as persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative in Member States, including those laws proscribing criminal abuse of power. It is they who need protection. Urgent Need for a Law As it is, as we have seen in Best Bakery case, the person who is most likely to suffer is Zahira, herself. She had seen the crime; she had seen the criminals, but when time came for her to be bold enough to depose before the Court, she found that she was in an atmosphere which was wholly hostile to her - the prosecutor, the defence lawyer, the accused, the supporters of the accused - perhaps the judge whom she was not sure of. The trial became a mockery. Later on, when she was resurrected by the efforts of well- meaning N.G.Os, and the Supreme Court transferred the case to Mumbai, apparently there was a feeling that justice will be done to the victims. Unfortunately, she is again caught in the same quandary. So, again she becomes a hostile witness, liable for perjury and also liable for contempt of court. Is there any legally just and fair solution for this conundrum of these events? Protection is also necessary to restore a sense of human dignity which stands shattered in a situation like Gujarat carnage. Therefore, there is an urgent need to bring forth a bill of right to preserve and protect victims'/witnesses' rights, justice and due process. Such a bill should include the following: To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process. To be informed, upon request, when the accused or convicted person is released from custody or has escaped. To be present at and, upon request, to be informed of all criminal proceedings where the accused has the right to be present. To be heard at the time of the granting of bail to the accused and sentencing. To confer with the prosecution, after the crime against the victim has been charged, before a criminal court. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury. To be heard at any proceeding when any post-conviction bail from judicial custody is being considered by a competent court of law. To a speedy trial and prompt and final conclusion of the case after the conviction and sentence. To frame rules and provide for a witness protection programme which will remain in force not only before the trial, but also thereafter. The rules should also provide for recording of evidence of such witnesses, immediately on filing the charge-sheet, de-bene-esse-, while the rest of the trial could be held in due course. Since tele-conference has been recognised, such witnesses could be examined and cross-examined through tele- conference methods. AND above all, To be informed of victims' constitutional rights. H Suresh Combat Law, Volume 4, Issue 1 April-May 2005 (published May 2005 in India Together) H Suresh is a retired judge of the Mumbai High Court. PROTECTION OF WITNESSES IN CRIMINAL CASES o JESSICA LAL MURDER CASE & GUJARATH RIOTS In the 7 year old jessica lal murder case , all the accussed – children of rich & mighty have gone scot free , for lack of both prosecution & witnesses. The culprits have forced the witnesses to remain silent through the use of muscle & money power. The investigating police official, from the beginning has done roughshod work & also have played a role in silencing witnesses. I.O MORE RICHER NOW? PROMOTIONS? The presiding judge of the court has overlooked many omissions & commissions by the prosecution and in a hurry closed the case , acquitting all the accussed. Reward for judge – promotion as high court judge. In this way, the police-prosecutor-judge were together ganged up against the victim from the beginning. Also, the witnesses were afraid of brute muscle power of rowdies & rowdies in khaki uniform. Now, take the gujarath riots case. In the first place riot took place under the active patronage of gujarath state government machinery. Naturally the police , prosecutors & judges in gujarath were against the riot victims & closed one case after another, acquitting the guilty. However the apex court got transferred riot cases out of gujarath , under public pressure. However, even the apex court failed to instill confidence , in the prime witness of best bakery case , the apex court failed to positively reassure the witness of her safety & livlihood. As a result , out of fear she became hostile- went on changing her statements. In this manner, numerous low profile cases involving commonman are buried , witnesses silenced by the corrupt nexus of police-prosecutor-judge. They don't even draw media attention as they are low profile. Drastic reforms of criminal justice system in india is needed. Punishing the hostile witness is not the solution. Accountability of investigating officers , police , prosecutors & judges is needed.how come some police officials , public prosecutors & judges are leading luxurious lifestyles, beyond the scope of their legal income? Recently in the media there was mention of a C.D of alleged conversation between samajvadi party M.P mr.amar singh & U.P chief minister , about influencing a high court judge & fixing a case. This is the way our judiciary functions in india. Rewards for corrupt judges – out of turn promotions, post retirement postings , postings to kith & kin , land allotments , etc. Accountability of judiciary & investigating agencies is the need of the day. Let us start with polygraph tests for I.O , POLICE , PUBLIC PROSECUTOR & JUDGE of jessica lal murder case. 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@... , naghrw@...