SOS e - Clarion Of Dalit

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

Friday, March 26, 2010

Are You Sleeping DGP & CJI sir ?

S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJ.M.R… VOL.4 issue. 14… 07/04/2010

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”
- Mahatma Gandhi
 IMAGINE YOURSELF  IN THE POSITION OF FOLLOWING PERSON TO UNDERSTAND  THE PLIGHT OF  MANUAL SCAVENGERS & VISIT
Public Sanitation at the cost of Life   http://tinyurl.com/yz6opd5 )


 Editorial : ARE YOU SLEEPING Honourable DG&IG of Police for Karnataka  Shri.Singhji & Honourable CJI Shri.Balakrishananji

DOUBLE  STANDARDS  OF  INDIAN  JUDICIARY  &   POLICE           –  Karnataka State Police Not Registering Complaint / FIR against VVIPs 
The criminal elements , POWERS THAT BE  are repeatedly hacking my websites , home pages & censoring the public from reading our news papers. These criminal elements have prevailed over the web hosts , ISPs to censor our news papers  , to block our home pages , web sites from opening  , lest the TRUTH COMES OUT. Thereby they are violating our human rights , RIGHT TO FREE EXPRESSION & RIGHT TO SEEK JUSTICE.


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.



 Just weeks back , we have witnessed the collapse of a multi storied building in bellary ,Karnataka ,in this week we have witnessed  a fire tragedy in a  multi-story building in Bangalore,  months ago there was collapse of a huge building under construction in Bangalore , all resulting in loss of human lives. All these are the result of violations of UrbanTown Planning Laws , Building bye-laws which  are observed more in breach by the criminals & conniving public servants .  The authorities are behaving like real estate agents of criminals , by-passing norms , framing laws to the tune of criminals . Authorities are not honoring RTI requests & even high ranking IAS officer  repeatedly threatens a commoner  seeking information under RTI ACT .

Before embarking on land acquisition for any projects government authorities must plan & assess what are the actual requirement of land for that particular project. After finding out the actual requirement of land , they must  assess the loss of forest area , cost of compensation pay-out , cost of rehabilitation of people , environmental damages & resultant health damages to people in surrounding areas ,it’s resultant losses when the project gets running , if at all the benefits , profits from that project far outweighs the losses ,then only project should be put before the public for their consent. Ministers & IAS officers must not take these decisions all by themselves in a hush – hush manner.

Even when a project is downsized , from the previously approved size , the land left over , surplus land must be given back to the original owner on first priority . The project managers must not sell those surplus lands to third parties for a premium .
Even when KIADB ,BDA ,MUDA & other authorities acquire lands from farmers ,for constructing industrial  parks or residential layouts , etc , has framed comprehensive development plans (CDP) for their respective cities , clearly demarcating land usage pattern . However after acquisition of land , the KIADB , BDA , MUDA , etc are selling those very lands to private third parties for different land usage purposes ,completely violating CDP. Are these KIADB , BDA , BBMP , MUDA ,MCC real estate agents of Rich people ?

Now , consider NICE – BMIC SCANDAL or MINING Scandals , public servants in responsible positions are accusing each other , there by proving that almost all of them are criminals. In democracy , ministers & IAS officers are public servants , MLAs , MPs are not leaders just public servants  - representative of people. They must represent people’s wishes & must order the IAS & other officers to fulfil the wishes of people as per legal provisions.
Information input  forms part of process of one's expression. One's expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person's  right to expression is violated , his other rights to equality , justice , etc also  are violated. Suppression of Information amounts to curbing of Expression.

In a democracy , people have a right to know  how the public servants are functioning. However till date public servants are hiding  behind the veil of  Officials Secrets Act (which is of british vintage created  by british to suppress native indians). By this cover-up public servants are hiding their own corruption  , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.

Our previous RTI request to CJI , union home secretary of GOI, President of India  , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to  millions  of Indian citizens , due to wrong / illegal work practices of  Indian judges , police & public servants  .   The  information we sought would expose the traitors , anti-nationals , criminals  in public service.  The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : "writ of Mandamus" and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the  questions.  JAI HIND. VANDE MATARAM.

Your's sincerely ,
Nagaraj.M.R.




POLICE NOT REGISTERING FOLLOWING COMPLAINT 


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.




Failure of duties & questions not answered by public servants
Circle Inspector of Police , Vijayanagar Police Station , Mysore City , Karnataka

NICE Corridor Questions to CHIEF MINISTER .Mr.Yediyurappa


INDIA: The government claims that the country has the world's least corrupt police force!

A press release issued by the Indian government on 24 February claims that corruption among police officers is extremely low in the country.
According to the release, in the past three years only 75 police officers were tried for corruption in the entire country. The government claims that in the year 2007, 32 officers were charged for corruption in 24 cases; in 2008, 17 officers in 15 cases; and in 2009, 24 officers charge-sheeted in 18 cases. In comparison with similar data available from other countries, India thus has one of the least corrupt police in the world. Every Indian however knows that this is factually wrong. 

It is common practice for police officers in the country to demand and accept bribes. In fact, bribery and other forms of corruption is deep-rooted in the law enforcement system that it would be hard for any average Indian to believe that there are officers within the system who are not corrupt in any form. 
Though
India has one of the lowest people-police ratios ¡V latest estimate is 0.956 officers per every 1000 persons ¡V the police force in India is one of the largest in the world. India has an estimated one million police officers. 

The Asian Human Rights Commission (AHRC) has documented at least ten times more cases than what has been mentioned in the government's report. The Transparency International's report on
India for the past four years has placed the Indian police as one of most corrupt government agencies in the country and in the world. The United Nations and its mandate holders have repeatedly expressed concern about widespread corruption in the police. For instance, the UN Rapporteur on Torture has reported that the police officers in India routinely use torture as a tool for extortion of money from the poor. 

Yet, it is a fact that the figures mentioned in the government's report are true. This paradox between fact and the government statistics expose the flaws in the Indian criminal justice system and the manner in which cases involving law enforcement officers are dealt with in the country. The government report is also an indicator as to why essential initiatives and policies required to overhaul the police system is still lacking in the country. 

The lack of prosecution of corrupt police officers in spite of their omnipresence within the system illuminates two primary aspects -- lack of complaints and absence of investigations. The ordinary people who are the worst affected by corruption in the police know that there is no point in complaining against a corrupt police officer. This is because they know from experience that their complaints will either be refused to be registered or if registered will not be investigated. In addition, there is also the possibility of the complainant facing threats from the accused officer and his peers. 

The report is also an indicator to the extent to which the government is concerned about national security. In the context of increasing security risks, corrupt police officers are the single largest impediment of a security framework. The report also proves that the anti-corruption framework in
India has fundamental defects. 

While the government of
India repeatedly speaks about security concerns and restructuring its law-enforcement framework, the report proves that most of it is either empty talk or halfhearted measures. The report must be an eye-opener for the government. It must provoke the government to review its anti-corruption policies. The report is also the call for help by the Indian police.


Operation Green Hunt: Its Stated And Unstated Targets
By Kumar Sanjay Singh
18 March, 2010
Radical Notes


Every conscious citizen is aware that the proposed operation Green Hunt, ostensibly to deal with the Maoist armed struggle, is an event with ominous portents. It can be argued that the events that are unfolding have consequences that go much beyond the attempted military solution to problems that are essentially political and economic in nature.
That the intended target of the government is much larger than the stated target is becoming obvious in the statements and actions of the state. Witness how in the aftermath of the Silda action the Home Minister Mr. P C Chidambaram tried to steam roll all the critiques of the government into Maoist sympathisers, completely ignoring the fact that criticising the human rights violation of the government is not tantamount to a support of the Maoists. More recently, the charge sheet on Mr. Kobad Ghandy, filed by the Delhi Police, mentioned some prominent democratic and civil liberties organisations and activists as fronts of the Communist Party of India (Maoist). Obviously, the intended targets of the state are not simply the Maoist party but all such organisations and individual that have been critical of the state’s developmental policy and track record on human rights. A fact testified by the assault of rights activists and Gandhian organisations in Chhattisgarh.
The manner in which the central government wants to deploy paramilitary forces in the so-called sensitive states betrays the state’s unstated agenda in three respects. First, the attempt to cajole and pressurise the reluctant chief ministers of Bihar and Jharkhand through media propaganda and other kinds of pressure and persuasion is a testimony of the attempt to redefine centre-state relationship in the favour of the centre; even on the issue of law and order which is a state subject.
Second, deployment of armed paramilitary forces through a central fiat amounts to imposition of armed paramilitary forces over civilian administration. This is permissible only under emergency. Yet the government is not declaring emergency since such a declaration obliges the government for a mandatory review of the declaration every six months. The government has therefore imposed a de facto emergency without actually declaring it. Thus it has claimed unfettered power without any legal or time bound restraint, in other words it has claimed impunity in the area of operation Green Hunt. Experience of use of armed and paramilitary forces provided with impunity, for instance in the north eastern states and J& K has been that the number of civilian casualty and the erosion of human rights is unacceptably high. In other words the casualty, repression and oppression of the civilian population living in the areas of operation green hunt will be dramatically higher than the stated targets of operation green hunt. In fact, the plight of the civilian population is further compounded since they have been also targeted in some instance by the guerrilla forces.
Third, the initiation of the inter-state counter naxal operation is actually a part of the oft stated plan of the centre to restructure and centralise internal security apparatus. Thus, this is a decisive shift of law and order and policing from the state subject. Over the period of last more than two decades several issues of state subject have been taken over by the centre, for instance forest, roads, port management and now policing. These are portents of a shift towards a more unitary form of governments. Could this also be seen as imposition of a Presidential form of government by stealth? It ought to be pointed out here that this idea had been mooted by Indira Gandhi and Atal Bihari Vajpayee during their respective tenures as Prime Minister.
To cut a long story short the current operation while stated to be against the Communist Party of India (Maoist) has a much larger unstated target. It threatens to trespass the safety and security of the indigenous and tribal people in the operation area, it seeks to trespass on the fundamental rights of the citizens of the country and finally, it seeks to redefine the structure of governance of the country. It is evident, therefore, the current offensive is quite comprehensive and seeks to impact upon a cross section of political process and the life and rights of common citizens. It stands to reason that such a challenge requires a resistance that is imaginative and flexible enough to include the opinions of all the stake holders that are to be impacted.

America's Secret Prisons
By Stephen Lendman
16 March, 2010
Countercurrents.org


On January 28 in TomDispatch.com, Anand Gopal headlined, "Night Raids, Hidden Detention Centers, the 'Black Jail,' and the Dogs of War in Afghanistan," recounting unreported US media stories about killings, abductions, detentions, interrogations, and torture in "a series of prisons on US military bases around the country." Bagram prison, for example, is "a facility with a notorious reputation for abusive behavior," including brutalizing torture and cold-blooded murder.
Even worse is the "Black Jail," a facility consisting of individual windowless concrete cells with bright 24-hour lighting, described by one former detainee as "the most dangerous and fearful place" in which prisoners endure appalling treatment.
The pattern is predictable. US/NATO convoys are attacked or reports of Taliban forces are received. Americans respond accordingly, rounding up suspects, mostly innocent civilians, and detaining them for interrogations, torture, abuse and degrading treatment - not just in Afghanistan but in secret black sites globally, according to a January 26 UN Human Rights Council (HRC) report detailing practices engaged in by various countries including America, by far the world's worst offender in its war on terror - one waged against humanity for unchallengeable power and total global dominance.
Besides Guantanamo, Afghanistan and Iraq, HRC said the CIA runs scores of offshore secret prisons in over 66 countries worldwide for dissidents and alleged terrorists - in Egypt, Algeria, Jordan, Morocco, Syria, Libya, Tunisia, India, Pakistan, Russia, Uzbekistan, Sudan, Zimbabwe, Ethopia, Djibouti, Kenya, Poland, Romania, Bosnia, Kosovo, Thailand, Diego Garcia, and elsewhere.
Post-9/11, "the United States embarked on a process of reducing and removing various human rights and other protection mechanisms" through numerous laws and administrative acts including:
-- the September 18, 2001 joint House-Senate Authorization for Use of Military Force (AUMF) for "the use of United States Armed Forces against those responsible for the recent attacks launched against the United States";
-- the October 2001 USA Patriot Act (just renewed) that shredded civil liberty protections, including due process, freedom of association, and the right to be free from unreasonable searches and seizures;
-- the October 2002 House-Senate "Joint Resolution to Authorize the Use of the United States Armed Forces Against Iraq," even though the country (and Afghanistan) posed no threat to America, had no ability or intention to strike, or did so on 9/11 or any other time;
-- the November 2001 Military Order Number 1 authorizing the president to capture, kidnap or otherwise arrest non-citizens (and later citizens) anywhere in the world for any reason and hold them indefinitely without charge, evidence, or due process and judicial fairness protections in a civil court;
-- numerous presidential Executive Orders, memorandums, findings, National and Homeland Security Presidential Directives, and other documents authorizing the abduction, detention, torture, and killing of alleged terrorists;
-- National Presidential Directive 51 granting the president dictatorial power to declare a national emergency, followed by martial law without congressional approval;
-- the February 2002, a presidential memorandum declaring Geneva's Common Article 3 (prohibiting torture and other lawless acts) and Third Geneva, pertaining to prisoners of war, null and void for "al-Qaeda or Taliban detainees;"
-- the November 2002 Homeland Security Act creating a national Gestapo;
-- the 2005 Detainee Treatment Act denying detainees habeas rights and authorizing the use cruel, abusive, inhumane or degrading treatment in the interests of national security;
-- the 2006 Military Commissions Act, known as "the torture authorization act," granted the executive sweeping unconstitutional powers to detain, interrogate and prosecute alleged terror suspects and collaborators (including US citizens), imprison them indefinitely in military prisons without proof of guilt, and deny them habeas and judicial fairness protections; and
-- various other actions subverting the letter and spirit of international and US laws to pursue a global war on terror, including worldwide detention centers, claiming human rights laws there don't apply.
"One of the consequences of this policy was that many detainees were kept secretly and without access to the protection accorded to those in custody" under international and US laws.
Secret Detention Under International Law
For purposes of HRC's report, they occur when governments authorize, consent, support or acquiesce to depriving persons of their liberty; where they're denied contact with the outside world, including legal counsel; or when states neither confirm or deny knowledge or involvement in detaining alleged terrorists or suspected collaborators.
The practice is abhorrent and irreconcilable with international human rights and humanitarian law. Under no circumstances is it justified, yet America is a serial offender.
As arbitrary arrests, they deny personal liberty and security. Among other international law provisions, they violate Article 1 of the International Covenant on Civil and Political Rights (ICCPR) stating:
"Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention," and other provisions affirming fundamental international law rights.
The UN's High Commissioner for Human Rights Working Group on Arbitrary Detention calls secret ones arbitrary and illegal by denying detainees information on charges against them, a prompt hearing before a judge, and right to a fair trial according to established international law principles.
Secret detentions take many forms, including black sites for "High Value Detainees (HVD)," where they're physically and psychologically tortured for extended periods to extract confessions that are inadmissible in courts, according to international law.
The UN's study showed detainees held incommunicado often aren't charged with a crime, informed of charges, provided counsel, allowed time to prepare a proper defense, or tried by impartial tribunals to establish their guilt or innocence.
Under the International Convention for the Protection of All Persons from Enforced Disappearance, the practice places individuals outside legal protections, and is conducive to coercing confessions under torture and other abusive treatment.
The Rome Statute's Article 7 calls "enforced disappearance of person" a crime against humanity if it's committed as part of a widespread or systematic attack directed against a civilian population." In all respects, it's abhorrent, illegal, and unjustifiable.
Geneva, applying to all conflicts, allows war prisoner and civilian detentions - the former to be released when hostilities end; the latter held under very strict conditions, namely:
-- if it's "necessary for imperative reasons of security," and
-- for penal prosecutions for individuals charged with a crime.
America's "unlawful enemy combatant" designation has no legitimacy in international law under any conditions or circumstances.
Geneva mandates detainees be registered and held in officially recognized facilities. Incommunicado detentions are strictly prohibited.
America's Secret Gulag
HRC called a country complicit in secret detentions under these conditions:
-- when one nation asks another to do it;
-- when a country won't identify persons on airplanes passing through their airports or airspace after information about CIA detentions are known; and
-- when a nation "knowingly (takes) advantage of the situation by sending questions to the State which detains the person or by soliciting or receiving information from persons" held secretly; this applies to at least the following states:
-- Britain;
-- Germany;
-- Canada;
-- Australia;
-- Italy;
-- Kenya; and
-- Macedonia.
In June 2007, in a report for the Council of Europe, Swiss politician and former state prosecutor, Dick Marty, said he had:
"enough evidence to state that secret detention facilities run by the CIA did exist in Europe from 2003 to 2005, in particular in Poland and Romania. (He noted that) the majority of detainees brought to Romania were extracted 'out of theater(s) of conflict.' This phrase pertains to transfers from Afghanistan and Iraq.
In August 2009, The New York Times also reported that former US intelligence officials oversaw the construction of three small CIA facilities, each for about a half dozen detainees, one being "a renovated building on a busy street in Bucharest, Romania."
In Poland from 2003 - 2005, eight High Value Detainees (HVDs) were allegedly held in Stare Kiejkuty village, including Khalid Sheik Mohammed, the alleged 9/11 mastermind based on his torture-extracted confession, rendering it void and inadmissible according to law. Besides the UN Convention Against Torture, the Supreme Court ruled Brown v. Mississippi (February 1936):
"The rack and torture chamber may not be substituted for the witness stand," and an earlier Court (in Fisher v. State - November 1926) called coerced confessions "the chief iniquity, the crowning infamy (and) the curse of all countries."
Yet Mohammed's will be used against him in a planned kangaroo proceeding. So will those extracted from his four alleged co-conspirators, denying them any measure of justice, even though, in all likelihood, they're innocent.
Marty reported information from civil aviation records on CIA-operated planes landing at Szymany airport in northeastern Poland and the Mihail Kogalniceanu military airfield in Romania from 2003 - 2005. He also explained how they were disguised using fake flight plans.
HRC's report revealed further evidence about front company flights from Bangkok, Thailand to Szymany on December 5, 2002 ("disguised under multiple layers of secrecy" to avoid US "fingerprints") and others from December 3 - 6, 2002.
Other data "demonstrate(d) that a Boeing 737 aircraft flew to Romania in September 2003" from Dulles Airport, Washington DC on September 20, 2003.
Romania supplied information about secret CIA detention centers and flights to and from the nation's territory, but wouldn't confirm or deny if prisoners left planes on its soil.
However, Lithuanian officials gave the CIA a building for as many as eight alleged terrorists where they were held for over a year until late 2005, after which they were moved because of public disclosure. In November 2009, it was learned that the facility was built inside an exclusive riding academy in Antaviliai, and that Lithuania cooperated with CIA detentions in 2004. Two Afghanistan to Vilnius flights were identified - on September 20, 2004 and on July 28, 2005.
In November 2009, the Lithuanian government confirmed that its State Security Department (SSD) received requests to "equip facilities....suitable for hold detainees," but it wouldn't admit they were used for that purpose.
When late 2005 Washington Post and ABC News reports revealed Eastern European detentions, prisoners were allegedly moved from Europe to other undisclosed black sites, possibly in war zones or Africa.
Guantanamo has at least one black site, "unnamed and officially unacknowledged" out of sight about a mile north of Camp Delta. "The unacknowledged 'Camp No' is described as having no guard towers and being surrounded with concertina wire, with one part of the compound having 'the same appearance as the interrogation centers at other prison camps.' " It's not known if the CIA or Joint Special Operations Command runs it.
Other reports reveal American black sites at Camp Bondsteel in Kosovo and Eagle Base in Tuzla, Bosnia. The Council of Europe's Human Rights Commissioner, Alvaro Gil-Robles, told Le Monde he was "shocked" by Camp Bondsteel's facility, "a smaller version of Guantanamo." In December 2005, UN Kosovo Ombudsman, Marek Antoni Nowicki, said:
"There can be no doubt that for years there has been a prison in the Bondsteel base with no external civilian or judicial oversight. (It) looks like the pictures we have seen of Guantanamo Bay." A Tuzla detainee said he was also held at a secret Diego Garcia facility. He's now at a Syria black site.
Afghanistan hold hundreds of detainees in numerous facilities, including three well-known ones at Bagram airbase (called "The Hanger), and two others near Kabul - the "Dark Prison" (with no lights, heating or decoration) and the "Salt Pit." Another is in the Panjshir valley, north of Kabul, and three others are called Rissat, Rissat 2, and "Prison Number Three."
In all US and black site facilities, former detainees (ones lucky to be released) describe nightmarish treatment, including:
-- being hooded or blindfolded;
-- painfully shackled for extended periods;
-- exposed to extreme heat and cold;
-- kept naked;
-- waterboarded numerous times;
-- held in isolation or tiny cells with other prisoners where sleeping must occur in shifts;
-- severe physical and psychological treatment creating permanent trauma for many;
-- beatings;
-- continuous blaring noises or music;
-- 24-hour bright light or total darkness;
-- sleep deprivation for days;
-- painful stress positions for extended periods;
-- being sodomized;
-- denied food, too little, or inedible kinds;
-- painful force-feeding for hunger strikers;
-- denied medical care;
-- coerced to confess to offenses they never committed;
-- hung from steel bars in their cells or from metal hooks in interrogation rooms for extended periods;
-- kept in tubs of ice water creating hypothermia;
-- threatened with or attacked by dogs;
-- given electro-shocks; and
-- other cruel, abusive and degrading treatment.
In Iraq, the same practices occurred, exposed at Abu Ghraib, but at other facilities as well throughout the country, including at Forward Operating Base Tiger in Al-Anbar Province, a base outside Mosul, a temporary holding camp near Nasiriyah, a Tikrit Forward Operating Base, and others.
In 2005, it was learned that America secretly captured, transferred and detained alleged terrorists at its own sites, sending many to secret ones in other states.
After the 2001 Afghan invasion, the CIA was involved straightaway in US and foreign black site detentions and torture, yet in its January 13, 2006 report to the Committee Against Torture, the Bush administration claimed:
"The United States does not transfer persons to countries where (it's believed) it is 'more likely than not' that they will be tortured. The United States obtains assurances, as appropriate, from a foreign government to which a detainee is transferred that it will not torture the individual being transferred."
Clear evidence shows otherwise - that prisoners were subjected to cruel, inhumane, abusive and degrading treatment at US and foreign sites, contrary to Bush administration assurances and later from the equally culpable Obama administration.
After promising to respect human rights and close Guantanamo and other detention facilities as expeditiously as possible, and refrain from operating new ones, it's kept them open, endorsed preventive detentions without charges, continues extraordinary renditions to black sites, and embraces torture as official US policy like the Bush administration.
America's torture prisons still flourish as secretly and abusively as under George Bush despite promises of more humane practices, quickly broken to pursue America's imperial agenda for unchallengeable power and total global dominance.


Why is police atrocity in India much higher compared to West?


Contents
  1. Introduction
  2. Cuases why India's policemen are more atrocious
  3. cause #1 : Lack of Jury and Grand Jury Systems in India
  4. cause #2 : Lack of election/recall of district police chiefs
  5. cause #3 : Overnurdening and low salaries
  6. cause #4 : Criminalizing vices like gambling, liquor, drugs and prostitution
  7. Summary
  8. How can citizens of India reduce police atrocities


Introduction 

The purpose of this article is to enumerate and discuss ONLY

  1. factors which increase police atrocities that are present in India, and are absent in West.
  2. factors which decrease police atrocities that are present in US/West, and are absent in India.
The purpose of this article is NOT to enumerate factors that are present/absent in BOTH countries. Hence a large number of factors, such as moral values, greed etc will get dismissed as non-issues. Why? Becuase greed is present in US/West as well as India. And moral values are at same level in India as well as West.


Key reasons why police atrocities are higher in
India than in West 

Following are the key reasons why police atrocities in
India are higher compared to West :
  1. Lack of the Jury and Grand Jury Systems : 
    The policemen in US are supervised by senior police officers, elected persons like Governors/MLAs, govt lawyers, judges, and Jurors and Grand Jurors. Whereas in
    India, there is supervision ONLY by senior officers, Ministers/MLAs and judges, and there is NO supervision by Jurors and Grand Jurors. Now policemen in US as well as India, do manage to cultivate nexuses with senior policemen, MLAs/Ministers, govt lawyers and judges. But policemen in US cant manage to cultivate nexuses with Jurors and Grand Jurors. Hence in US, there is one nexusless channel of checks/balance, and so it is effective. While in India, ALL channels of checks/balances are nexusprone, nexused, and so ineffective. As a result, there is NO reason for policemen NOT to indulge into atrocities, and so they do.
  2. Lack of election/recall of district police chiefs :
    Many police chiefs in US are DIRECTLY elected by citizens. Whereas ALL district police chiefs and other senior police officers are appointed by CM or Home Ministers. The citizens of
    India, in ALL districts, DO NOT have any procedure to expel the district police chief. In India, the citizens need to approach CM and Home Minister in State's capital to get a police chief expelled. While in US, some districts have a formal procedure by which citizens of a district can expel a police chief without approaching ANYONE, while in other districts, the citizens can get the district police chief expelled by approaching district mayor. This makes it easier for citizens to expel the district police chief if and when the need be, and so district police chiefs in US tend discourage atrocities.
  3. Low salaries of junior policemen and too much workload :
    MLAs/MPs/Ministers of
    India siphon away all the funds into college education (so that intellectuals get busloads of cash in the name of education), and various subsidies and developmental projects which generate bribes. As a result police dept


Why policemen in India are more atrocious compared to US --- 
cause#1 : Lack of The Jury and Grand Jury Systems 


The policemen in US/West are supervisied by following persons

  1. Senior policemen
  2. Elected reps like MLAs/Governors
  3. Govt lawyers
  4. judges
  5. Grand Jurors
  6. Jurors
In India, they are supevised ONLY by first 4 agencies, as judges/MPs in India, in collusion with intellectuals etc, killed the Jury Systems in India. 

In US as well as
India, there is NO effective supervision from senior policemen, elected reps, govt lawyers and judges. Why? These individuals have long careers, are well known and so it is trivially easy for policemen to form nexuses with them, directly or indirectly. eg in India as well as US, the senior policemen always have close contacts with elected reps and with govt lawyers etc. And senior policemen have dense nexuses with junior policemen. In addition, the junior policemen have dense nexuses with junior politicians. And these junior politicians have dense nexuses with Ministers and senior MLAs. So when a junior policemen needs unethical favors from a Minister, he can use his nexuses with senior policemen and junior politicians to cut a deal. Therefore, we seldom see any action from Ministers against atrocious policemen, junior or senior. 

In the same, the senior policemen have nexuses with judges. The govt lawyers and many private lawyers also manage to nexuses with judges. In some courts in
India, the nexus formation is trivially easy and pre-fabricated, as many lawyers are close relatives of judges themselves. So when a policeman needs a favor from judge, he can always use his mexuses with senior policemen and lawyers to cut a deal. Which why, we rarely see a judge punishing a corrupt/atricious policeman in India. 

And in US as well as
India, the junior policemen overtime cultivate nexuses with senior policemen. So if a junior policemen needs any favor from govt lawyer or elected rep or a judge, he will can always get it via senior policemen. 

In short, ALL over the world, the senior policemen, govt lawyers, Ministers and judges are mere show peices when it comes to punishing atrocious policemen. 

But in US, the policemen, be junior or senior, have NO nexuses with Grand Jurors and especially with Jurors, as Jurors are chosen from a population of lakhs AFTER the prima-facie guilt is established. Hence SOME nexusless supervision over policemen in US exists. Whereas ALL channels of supervision on policemen in
India are nexused. This is the MOST important reason why policemen in India are completely out of control. 

The Jury System creates a "fear from citizenry" inside policemen. Such fear exists in policemen of US/West, and stops them from establishing dense nexuses with criminals, indulging into rampant and open bribery and also from indulging into atrocities (in most cases, atrocities are done to extract more bribes, or to favor some third party). 

And when it comes to police atrocities, there is an additional reason why The Jury System is far far more effective than the judge system. In The Jury System, the Jurors are common men, and they know that their tenure is just a few days, and when the case ends, they will be living like a common once again. So they empathize with the victim, and also feel that if the policeman has wrongfully beaten this victim today, if he goes unpunished, tomorrow he or some other policeman may beat him or his relative the same way. Basically, the victim and Jurors are in the same boat. So the Jurors DO have a motive to ensure that policemen are NOT wrongfully misusing their power against innocent persons. Whereas a judge has NO such motive. Irrespective of the class/creed or race a judge comes from, he knows that no policeman will ever hurt him. So he has no motive to protect an innocent citizen against police atrocities. 

The emperical reason is more than clear : the countries which have The Jury System are the ONLY countries who have low police atrocities. The countries which use judge system are plauges with police atrocities as well as corruption in their police force.


Why policemen in India are more defunct/corrupt compared to US --- 
cause#2 : Lack of Election of District Police Chiefs, and no procedure to recall 


In India, ALL district police chief are appointed by the state's Home Minister and Chief Minister. In short, the HM/CM appoint only those as district police chiefs, with whom they have nexuses. To make matter worse, the CM in
India's states has administrative powers to appoint 100s of district top-officers in various dept. So 1000s and 1000s of individuals inside govt and outside govt queue up to form nexuses with CM. As a result, CM in India are highly nexused individuals. Likeiwse, the Home Minister in a state has partial power to decide appointments of 100s and 100s of govt lawyers. So a large number of lawyers, criminals etc also queue up to form nexuses with Home Minister. And so persons CM/HM choose to appoint district police chiefs are strongly based on the nexuses CM/HM have. This increases the defunctness of police chiefs. 

When a senior police chief manages to become district police chief (or a or more senior position) using his nexuses with CM/HM, or using nexuses with wealthy individuals, mega-criminals etc, he in tur has little option but to accept CM/HM's requests/orders to transfer junior policemen like Inspectors, Sub-inspectors etc. As a result, the entire police becomes defunct. 

Whereas in US, the district police chiefs in many districts are elected. As a result, they are independent from Governors and even MLAs. And their nexuses with Governors, MLAs and other officers are weaker. This has been one reason why police force in US/West is less nexused than that in
India. 

Also, there is "lack of recall factor" that increases police atrocities in
India. Not all, but several districts in US, citizens have procedures by which they can recall/expel the district police chief, without lobbying before top level authorities like Governors. This puts a powerful check over govt lawyers. No such recall procedures exist in India. In other districts in US, recalling the district police chief would only need citizens to canvas before City Councilors, NOT Governor/CM. This decentralization makes it easier for citizens to expel the district police chief. While citizens in India would need hectic canvasing/appealing before CM, which due to logistic reason is nearly impossible. 

IOW, there is a realistic threat on district police chiefs in US, that chronic corruption, inefficiency and atrocity in his office, or even by his juniors, may result into an expulsion. While such threat does NOT exist in the minds of
India's district police chiefs. So the district police chiefs in US take extra care to weed out corruption etc in their juniors. While district police chiefs in India, in general, need NOT bother themselves. 

In short, lack of effective recall procedure for district police chiefs has worsened the intigrity of policemen in
India.


Why police atrocities in India is much higher than West --- 
cause#3 : Overburdened and low salaries 


The MLAs/MPs, Ministers and officers in India prefer to blow away money on highways, skyways, fly-overs, ports, IIMs, JNU, UGC etc and NOT spend in police force. As a result, the police depts are hopelessly understaffed and policemen are extremely overloaded with work. Typical constable works 12 to 16 hour a day 6 days a week. Such overloading makes them angry and frustrated. 

Also, the salaries of junior policemen is very low. In addition, a large number of constables etc are required to live in barracks or in police stations, where the living conditions are unhygenic and appalling. Many officers who are transferred outisde do not get good housing from the department. A large number of houses are in pathetic conditions. This makes them an angry and frustrated persons.


Why are police atrocities in
India is much higher --- 
cause#4 : Wrong laws, which crimialize the vices 


India has too many laws, that make an ordinary vice a crime. eg vices like gambling, liquor, prostitution etc are crime which policemen are required/empowered to reduce. How? by arresting those who supply/consume liquor/drugs, by arresting those who gamble and/or provide gambling facilities, and by arresting prostitutes, clients and pimps. This increases burden on policemen, and also gives bad policemen a wide oppurtunity to collect bribes. And when collecting bribes is not easy, the policemen indulge into atrocties to maximine the bribe money. 

The defunct intellectuals in
India, in a class of their own, believe that by making laws against vices like drugs, liquor, gambling and prostitution, and by empowering policemen to arrest drug/liquor additcts/suppliers, gamblers, prostitutes, clients etc can reduce these crimes. This defucnt approach towards vices has only resulted into a rampant increase in police atrocities in India.


Summary

The police atrocities in
India is much higher compared to West becuase
  1. US has Jurors and Grand Jurors to supervise policemen. Since courts are defunct in India, govt lawyers in India are less afraid of forming nexuses with criminals and passing them unethical favors.
  2. Many district police chiefs are DIRECTLY elected by citizens, and rest are appointed by Distruct Mayors after approval of Councilors. In India, ALL district policemen are appointed by CM/HM. In addition, there is NO easy procedure for citizens in India to expel a district police chief.
  3. Salaries of junior policemen is very low, and police dept are understaffed which makes them over-burdened.
  4. A large number of laws, that make vices like gambling, prostitution, liquor etc as crimes, widen the oppurtunities to collect bribes and commit atrocities.


Solution : what can citizens do to reduce police atrocities?
  1. Steps 1-3 : The citizens of India should force Panchayat Members, MLAs and MPs to following laws : LM.01 , LM.02 , LM.03. These laws would enable citizens to take subsquent steps.
  2. Step 4 : The citizens should pass laws to enact procedure CT.02. This law will create a Jury System in every district over policemen, which will create a nexusless way of supervising junior policemen, and thus create a check on policemen. In addition, this procedure ensures that policemen are transferred strictly by a random mechanism, and NOT by discretion of some small group of individuals.
  3. Step 5 : The citizens should pass laws to enact procedure CT.12. This procedure will enable the citizens to elect/recall district police chief.
  4. Step 6 : The citizens, using LM.01 and LM.02, should raise the salaries of policemen, and provide more funds to district police chiefs to buy better/more equipment.
  5. Step 7 : The citizens, using LM.01-03 should pass laws to decriminalize vics like drugs, liquor, gambling and prostitution. This will reduce oppurtunities for policemen to collect bribes, and would give them more time and resources to chase real criminals like murderers, theives etc
These TRIVIAL steps will reduce police atrocities in India.





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/ ,         http://sites.google.com/site/eclarionofdalit  ,      
 e-mail : nagarajhrw@hotmail.com     , naghrw@yahoo.com    


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