Final Notice to Chief Justice of India
Final Notice to Chief Justice of India
S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed Editor: NAGARAJ.M.R… VOL.05 issue. 05…… 02/02/2011 home page: http://sites.google.com/site/eclarionofdalit/Home , http://groups.google.co.in/group/e-clarion-of-dalit , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ DEALS IN COURTS & POLICE STATIONS READ : http://sites.google.com/site/eclarionofdalit/satyameva-jayate , http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,  FINAL SHOW-CAUSE NOTICE TO HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever. To my numerous appeals , HRW's appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy "legal immunity privileges" ,why don't you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don't all of you are not appearing before the police voluntarily for enquiry ?at the least why don't all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper. there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part. 1.you are making contempt of the very august office you hold. 2.you are making contempt of the constitution of india. 3.you are making contempt of citizens of india. 4.you are sponsoring & aiding terorrism & organized crime. 5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries. 6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory. 7.you are obstructing me from performing my fundamental duties as a citizen of india. you are hereby called upon to SHOW-CAUSE within 30 days , why you cann't be legally prosecuted for the above mentioned crimes . 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 : 18.01.2011 your's sincerely, Place : Mysore nagaraj.m.r. SOILED NOTE FRAUD CASE @ RBI BANGALORE - Trauma of an old man Complete case details also available at http://members.lycos.co.uk/ganapathihariram/ As per allegations of RBI management Bangalore in 1977-79 , criminal nexus of RBI employees stole Rs. 220000 from RBI Bangalore. All the banks , government treasuries in Karnataka , submit defaced / soiled currency notes to RBI Bangalore in exchange for good notes. RBI after collecting such defaced currency notes , sorts out fairly good notes which can be reissued & burns off the remaining totally defaced currency notes. All these process is done in a systematic manner. As per allegations of the management , the crime took place in the period of 1977-79 at RBI Bangalore. A nexus of employees, took away the currency bundles meant for destruction & substituted it in the place of bundles of reissuables. Charge sheet issued by RBI Bangalore office to mr.G.Hariram Staff no.3698/156/84-85 dt 1 april 1985 Amended charge sheet staff no 3798/156-84/85 dt 8 april 1985 CBI has charge sheeted 17 employees in connection with this case , case olde no. cc34/1989 new no. sc 436/1991 . the honourable 21 city additional city civil & sessions court Bangalore in it's order dated 24.01.1992 discharged 03 charge sheeted employees , as the prosecution failed to prove the charges against them. They came out clean , as they were innocents saddled with the crime done by others. One of the charge sheeted employee who turned approver for the prosecution, has given detailed account of the crime. Nowhere he has mentioned the involvement of accussed no.15 mr.G.Hariram in the crime. Even after coming out clean, mr.G.Hariram was not reinstated into service by RBI. They gave the ruse of domestic enquiry & showed contempt to the court order. On appeal, the honourable high court of Karnataka ordered RBI to review it's order with respect to mr.G.Hariram , still RBI failed to reinstate mr.G.Hariram into service , once gain showing contempt to the court of law. In India as per law , the decisions of court of law are binding on all , orders of court over rides the organisation's internal rules , service rules , etc. inspite of lack of evidences, in a whimsical manner the higher authorities of RBI , fixed some innocents as the scape goats heaped all charges against them ( against whom they had personal grudge , dislikes ). RBI repeatedly showed contempt to the court orders , dismissed the scape goat - ailing old man mr.G.Hariram from service. RBI snatched away his PF money towards the alleged loss to the bank , didn't pay his gratuity amount , salary arrears and finally he was even deprived of the pension. As a result , the old man has even lost his social prestige, dignity , his family suffered a lot & he is a mental wreck today. Why RBI authoroties are hell bent upon to send away the innocents / scape goats away from service ? why CBI didn't conduct polygraph tests of all the accussed , specifically higher officers of RBI , managers of RBI office Bangalore ? probably the scape goats were aware of the crimes master minded by higher ups & didn't co-operate with the higher ups in their crimes. So, the criminals were afraid that the scape goats will blurt out truth to the world , fixed non co-operating innocents themselves as criminals. Who will give justice to innocents like old man mr.G.Hariram & who will bell the corrupt , criminals , fat cats of RBI ? Persecuted IROM SHARMILA of Puttaparthi Andhra Pradesh - - LAND MAFIA silencing an Innocent woman in Puttaparthi Andhra Pradesh - LOCAL POLICE & JUDICIARY hand in gloves with the mafia - An appeal to Honourable supreme court of India Land mafia with the support of local police are harassing an innocent woman by name Ms.Pushpa & her family in Puttaparthi , Andhra Pradesh. Ms.Pushpa & her family are living under threat to their lives , the approach road to their house is partly closed , they have suffered attempts of murder on their lives by police & rowdy elements , police have illegally entered her house & illegally confiscated her property. All for the reason that THEY REFUSED TO SELL THEIR PROPERTY TO THE NEIGHBOURING BUILDER (WHO IS AN INFLUENTIAL POLITICIAN) WHO IS ILLEGALLY BUILDING A HUGE COMPLEX . On top of this , the police have foisted false cases on Ms.Pushpa to silence her , circulated pamphlets , fake stories in the local media defaming Ms.pushpa & her family , offending the dignity of a woman . The local Judiciary has failed to stop further injustices to this lady & failed to take legal action against public servants who failed to do their duty . These public servants – local police , local judiciary , PUDA officials , Jail officials , Government Doctor together with the complainant Ms.Pushpa must be subjected to narco analysis test. Till date Unauthorised construction by neighbouring builder (taking away the acess to Ms.Pushpa & her family’s property) is going on unhindered. Ms.Pushpa presently an under trial in district jail , Ananthpur (admitted at Governement Hospital Ananthapur) IS UNDER FAST UNTO DEATH protesting against the inaction of Local Judiciary & Police , which is aiding the criminals to continue their crimes. If Ms.Pushpa & any of her family member dies , suffers bodily injuries , etc , the Local Jurisdictional Police , Jurisdictional Magistrate together with the Superintendent of police , District Collector & Principal District & Sessions Judge of the said Ananthapur District , Andhra Pradesh will be responsible for it. On 09.12.2010 mid night Ms. Pushpa Under trial Patient at Jail Ward of Ananthapur District Hospital , Andhra Pradesh , faced threats from some police personnel themselves. The Police claimed that they are moving her to other higher medical hospital . Did the police had written orders from Higher police officers to move her that too at wee hours ? No. Did the police had the written discharge certificate from the concerned government doctor ? No. Did the police had written permission from the jurisdictional Judicial Magistrate Court to move her? No. Even the police themselves didn’t not know where they are taking her. All this proves that the police personnel were acting illegally under the behest of some outside criminal elements. Inspite of appeals for JUSTICE & PROTECTION to Under Trial Ms.Pushpa (who is on Hunger Strike) , Nobody, no public servant has cared , even if the public servants neglect their duties they get all 5 star pay & perks at tax payer’s expense. SHAME SHAME to them. Hereby , we do request the Honourable Supreme court of India , to conduct a thorough enquiry by a third party not belonging to Andhra Pradesh , to find the truth & give justice to the aggrieved. An Appeal To Honourable Chief Justice of Andhra Pradesh High Court ---------- Forwarded message ---------- From: pushpa kolasani <pkolasani7@gmail.com> Date: Wed, Jan 5, 2011 at 2:41 PM Subject: Harassment by few of G.G.Hospital Staff.Anantapur To: aphc@ap.nic.in The Hon'ble Chief Justice, A.P. High Court, Madina, Charminar, Hyderabad.500 006. "Gruhakalpa" Complex, M.J.Road.Hyderabad.500001. Respected Sir, Humbly,I am Ms.Pushpa presently an under trial in district jail , Ananthpur (admitted at Governement Hospital Ananthapur) IS UNDER FAST UNTO DEATH protesting against the inaction of Local Judiciary & Police , which is aiding the criminals to continue their crimes. I am facing threats from some police and few of nursing staff who are working in the same hospital for not coming under their pressure to bend me for compromise with the criminals. They are not hesitating to choose ugly ways to create terror in my mind in order to make me to run away from this hospital. They have been harassing me very often by humiliating and ill-treating before the public by using unparliamentarily language. I am adjusting myself and cooperating with the hospital staff even though they kept me in such ICCU which is even verse than Busstand with no control on public movements being kept along with TB patients due to which I am now suffering from lung infection. last 09-12-2010 by influencing the general physician tried to shift me from the hospital at mid night though I am not that bad, with the frustration of failing in making me to bend for compromise under great pressure from out side, now again tried to play new trick. Nursing superintendent Mrs.Subhadra who got retired on this 31-12-2010 and also related to the ACCUSED PERSONS in S.C.NO.367/05 and S.C.No.13/08 which are now pending for trial in the Court of Asst.Sessions Judge.Penukonda and her close relatives who are also present nursing staff Mrs.P.Latha(in charge of ICCU for last 6yers with the special interest of C.S.R.M.O Mr.RamaSubbaRao), Mrs.Ramathulasi, Mrs.Mahalakshmi, Miss.Jayasree and mr.Shiva(A.M.C.) Anastasia technician were caught red handedly on mid night of 29-12-2010 while taking away my case sheet from the ICCU Ward with the help of male staff nurse Mr.Narayana Naik and my servo lance A.R. Head Constable Mr.M.B.N.Reddy.H.C.52 and W.PC 872 mrs. Saritha at around 12AM who tin order to miss it and show me as FOUND ABSCAND and to Discharge from the hospital. I have informed immediately to come and take action on them to the D.A.P Mr.Shiva Kumar Reddy but he intentionally left them to go free by saying that he will take action definitely, neither he nor the night in charge nursing superintendent have not written MEMO’s though they were informed at the same moment. the very next morning instead of taking action on them based on MEMO written by the night staff male nurse in C.S.R.M.O MEMO BOOK and my written complaint to the Superintendent, C.S.R.M.O., and Nursing Superintendent of G.G.H.Anantapur by coming under their pressure referred me to the psychiatrist who works in the same Hospital in order to threat me and to down my confidence level who came and examined me immediately and reported as normal, when I demanded my general Physician to conduct enquiry and stop treatment till they take action on those persons who tried to theft my CASE SHEET, he enquired in to the matter, once after finding it true he immediately he took note of it in C.S.R.M.O. MEMO BOOK which was duly signed by the Ward in charge Head Sister on Dt.30-12-2010 and the Ward in charge general Physician Mr.Veerabhadraih submitted it to the C.S.R.M.O, but instead of submitting it to the C.S.R.M.O the in charge Morning Staff Nurse Mrs.Parvathi gave it in to the hands of Nursing Superintendent who made the same male staff nurse to come to her and tare it off with his own hands in order to protect them all by ruining the evidence. Though this has been brought to the notice of the Superintendent and C.S.R.M.O till now no such action has een taken against them, now they are harassing me by hiding bathroom keys and asking me to go out for public toilet if I want to wash my face like any other patient. Not allowing my servo lance to stay with me, though it is tagged as ICCU it is of 12 bed general Ward with open cots they are restricting the other patients and their attendees from talking to me by mentioning each and every time that I am a prisoner and if any one tries to talk to me they also have to go to the jail as entire Police are acting against me, they continuously do this each and every day including the general physician who come to see my health condition regularly, usually most of the patients who come there are obviously poor and Old couples who have no supporters and hopeless, when ever I do service to them the Hospital staff always engage themselves in passing defamatory statements against me and terrify the other patients and try to rise quarrels by provoking the workers and disturb me in order to prove that I am mentally not sound, but still I am protected by the other Doctors and few other nursing staff, workers and also by the other patient attendees. Now they are immediately shifting them once they find they are good at me to the other wards and threatening the other staff and workers to stay away from me, instigating the police guards to close all communication and demand money for guarding me for all these days, including my general physician all staff nurses who ever come for their duty in this ICCU indirectly keep on reminding me that if any one wants to stay for this much long time in this hospital in admission they must pay monthly one lack rupees and the other side will be warning me by taking the name of some out side criminals and high rank officials by pointing out my helplessness and non cooperation of Judiciary for neglecting me for such long time though my life is at the edge of danger. Till the date neither single official nor a single person from NHRC or APHRC came to see me and enquire about me though my case has been numbered in NHRC and forwarded to the APHRC.Hyderabad. Case No.789/1/2/2010/OC/M-2 due to which I am now appearing before the entire society that I am even NEGLECTED and not supported by the Judiciary comparing to the Criminals like how they are being supported in my case. They are free from all the tensions and continuing their illegal constructions with the help of all other officials and most unfortunate and unbelievable is J.F.C.Magistrate. Penukonda on whom I am now demanding for Judicial enquiry has passed two N.B.Ws in counter cases which are already acquitted by the same court and spitted up only against me in which I have already filed petitions U/s.239 Cr.P.C. to acquit me from those cases and also they were asked to shift from that court to any other court by the same Magistrate in his last and false submission to the Hon’ble District Judge though I am under Judicial custody in order to help police and give confidence to harass me. Once again they made all arrangements to arrest me by exceeding their limits and desperately trying to black mail me by showing those NBWs that they may produce me before the same magistrate on P.T. WARRANTS in order to humiliate and also to kill my confidence. just because the same magistrate is still being continued in same Hon’ble position he is now waiting with two N.B.Ws to send me to illegal remand once again immediately once after I go out on bail the exact reason why I am not accepting the bail for no offence and demanding for judicial enquiry on him. The Govt. officials such as the District collector, Superintendent of Police.Anantapur, Ministers, and high rank officials of Jail Dept. of AP and also magistrates visit this hospital number of times but never show any interest to know why I am here and what is my health condition and under what circumstance I am kept here. When the situation is this much verse around me, can it be imagined what will be going on with my family members who are left totally hopeless with out my presence? Now since three days the new Superintendent of this hospital Mr.Bhasker is coming to me along with Head Sister Miss.SujanaKumari and few other Staff and also with men security guards are coming and bargaining and threatening for compromise and stop my Hunger strike as he is much sympathized towards ALL OF THEM INCLUDING STAFF NURSES for being troubled by all Depts. In Puttaparthi and for the loss what they are facing due to the pressure of Hunger strike at around 11.30pm in the name of rounds. Today again he came at about 10pm with the same team started directly warning me ON BEHALF O STAFF NURSES WITH THE LETTER FROM THE STAFF NURSES UNION IN HIS HANDS instead of enquiring and taking appropriate action on the staff Nurses who were caught red handedly by us while taking STEALING MY CASE SHEET from ICCU at mid night, he again rudely advised me that if I don’t stop this hunger strike here after and if I make any such complaint on that particular Lady staff Nurse Mrs.P.Latha as she is backed by C.S.R.M.O. Mr.RamaSubbaRao they themselves will create some fresh allegation and throw me to such dirty ward where I can not even stay for single day and it would even easy for my apposite party to target me and attack at any moment.he called the Duty Doctor and ordered him to transfer out to any such dirty ward filled with bad patients where I I DIE WITH INFECTION ITSELF. he was even instigating police who came for my security A.R.H.C. No. M.B.N.Reddy who was my security with no women P.C to restrict me only to the bed, should not even allow to go the bathroom. When he found me still having strong belief in the Law he started making fun of me for having such faith in Judiciary even after this much injustice happening with me. He was showing me to others as one of the best example of those who have deceived by the Law breakers and ALSO ADVISING ME TO APPROACH MEDIA OR ELSE THEY WILL MAKE IT MUST FOR ME TO APPROACH MEDIA FOR JUSTICE AS ONE OF THE EMPLOYEE IN THE OFFICE OF THE C.S.R.M.O IS ALSO WORKING IN ENADU DAILY NEWS PAPER..So that there will be some consideration from the side of Higher Judiciary to finish it soon.. But I said I can not loose my confidence on Judiciary and drag the Hon’ble Judiciary in to the public which has been protecting me from the all these criminals for all these years. I am ready to loose my life but not faith in Judiciary. May be delayed but I am confident that one fine day I definitely get the Justice. till then I continue my hunger strike and legal fight until I get the CANCELLING ORDER of ILLEGAL REMAND OF MINE BASED ON THE EVIDENCE. I want an enquiry immediately to find the truth & give justice to me the aggrieved based on the evidence which I am ready to produce in proof what ever happened with us since eight years before some thing goes wrong and some thing happens to my life in this hospital itself and also make them all held responsible for the consequences what ever they create in future to my life as they are coming and disturbing me very often and trying to create some kind of uncertainty around me which is causing me much mental agony as I am not in that great condition to bear with their rude behavior towards me. Always trying to make me nervous and go unconscious to prove me that I am not stable in order to prove their earlier false reports submitted to the higher authorities are true. From last night itself I have stopped accepting their treatment until they take appropriate acton on those who have tried to steal my case sheet and tore off the MEMO WRITTEN BY THEIR OWN MALE STAFF NURSE Mr.NARAYANA NAAIK ON Dt.30-12-2010 IN THE C.S.R.M.O MEMO BOOK. IN ORDER TO RUIN THE EVIDENCE. Hence I pray the Hon'ble authorities to visit the hospital before they move me some where else from here with any such false reason like how they are planning and do needfull Justice in time with no delay by sending concerned authorities as each and every moment is proving danger to my life in their hands and till then please pass such orders to stop all these efforts to move me from this hospital and give better treatment as I am loosing my vision and suffering from Guddiness,Nubmness, severe Cramps, crumbles and lung infection as per the capacity of Grade 1 hospital and also kindly order the Superintendent.G.G.H.Anantapur to not to involve in to any of my matters including my treatment and do arrange a separate room till then with propper security by considering the threat to my life in the interest of justice. Dt.05-01-2011, Pushpa.K. In-Person. · Harassment in G.G.H.Anantapur.PushpaTo nagarajhrw@hotmail.com, naghrw@yahoo.com
The Govt. officials such as the District collector, Superintendent of Police.Anantapur, Ministers, and high rank officials of Jail Dept. of AP and also magistrates visit this hospital number of times but never show any interest to know why I am here and what is my health condition and under what circumstance I am kept here. When the situation is this much verse around me, can it be imagined what will be going on with my family members who are left totally hopeless with out my presence? Now since three days the new Superintendent of this hospital Mr.Bhasker is coming to me along with Head Sister Miss.SujanaKumari and few other Staff and also with men security guards are coming and bargaining and threatening for compromise and stop my Hunger strike as he is much sympathized towards ALL OF THEM INCLUDING STAFF NURSES for being troubled by all Depts. In Puttaparthi and for the loss what they are facing due to the pressure of Hunger strike at around 11.30pm in the name of rounds. Today again he came at about 10pm with the same team started directly warning me ON BEHALF O STAFF NURSES WITH THE LETTER FROM THE STAFF NURSES UNION IN HIS HANDS instead of enquiring and taking appropriate action on the staff Nurses who were caught red handedly by us while STEALING MY CASE SHEET my case sheet from ICCU at mid night, he again rudely advised me that if I don’t stop this hunger strike here after and if I make any such complaint on that particular Lady staff Nurse Mrs.P.Latha as she is backed by C.S.R.M.O. Mr.RamaSubbaRao they themselves will create some fresh allegation and throw me to such dirty ward where I can not even stay for single day and it would even easy for my apposite party to target me and attack at any moment. He called the Duty Doctor and ordered him to transfer out to any such dirty ward filled with bad patients where I DIE WITH INFECTION ITSELF. he was even instigating police who came for my security A.R.H.C. No. B.L.N.Reddy who was my security with no women P.C to restrict me only to the bed, should not even allow to go the bathroom. When he found me still having strong belief in the Law he started making fun of me for having such faith in Judiciary even after this much injustice happening with me. He was showing me to others as one of the best example of those who have deceived by the Law breakers and ALSO ADVISING ME TO APPROACH MEDIA OR ELSE THEY WILL MAKE IT MUST FOR ME TO APPROACH MEDIA FOR JUSTICE AS ONE OF THE EMPLOYEE IN THE OFFICE OF THE C.S.R.M.O IS ALSO WORKING IN EENADU DAILY NEWS PAPER. so that there will be some consideration from the side of Higher Judiciary to finish it soon.. But I said I can not loose my confidence on Judiciary and drag the Hon’ble Judiciary in to the public which has been protecting me from the all these criminals for all these years. I am ready to loose my life but not faith in Judiciary. May be delayed but I am confident that one fine day I definitely get the Justice. Today this morning I heard from many of outers who came to visit their patients that there is some news published in ENADU Telugu daily news paper in favor of those Staff Nurses and also I found that “ALL STAFF NURSES ARE REFUSING TO WORK IN ICCU UNTILL I GET DISCHARGED FROM HOSPITAL” it clearly proves their plan of action in future what they are going to do in future with me if I don’t stop asking the hospital authorities to enquire and take appropriate action on those who were caught red handedly while stealing my case sheet from the ICCU to misplace it and discharge me by showing me as FOUND ABSCAND(FA). Now it clears that Mr.Bhasker colluded with those staff nurses and out side criminals and harass me on behalf of them as take full time job to trouble me if I don’t bend me for compromise with them. I doubt the way they behave and approach while talking to me.. I want an enquiry immediately to find the truth & give justice to me the aggrieved based on the evidence which I am ready to produce in proof what ever happened with us since eight years before some thing goes wrong and some thing happens to my life in this hospital itself and also make them all held responsible for the consequences what ever they create in future to my life as they are coming and disturbing me very often and trying to create some kind of uncertainty around me which is causing me much mental agony as I am not in that great condition to bear with their rude behavior towards me. Always trying to make me nervous and go unconscious to prove me that I am not stable in order to prove their earlier reports submitted to the higher authorities are true. From last night itself I have stopped accepting their treatment until they take appropriate acton on those who have tried to steal my case sheet and tore off the MEMO WRITTEN BY THEIR OWN MALE STAFF NURSE Mr.NARAYANA NAAIK ON Dt.30-12-2010 IN THE C.S.R.M.O MEMO BOOK. IN ORDER TO RUIN THE EVIDENCE. Regards, Pushpa.K
Sir, Humbly..I am Ms.Pushpa presently an under trial in district jail , Ananthpur (admitted at Governement Hospital Ananthapur) IS UNDER FAST UNTO DEATH protesting against the inaction of Local Judiciary & Police , which is aiding the criminals to continue their crimes. I am facing threats from some police and few of nursing staff who are working in the same hospital for not coming under their pressure to bend me for compromise with the criminals. They are not hesitating to choose ugly ways to create terror in my mind in order to make me to run away from this hospital. They have been harassing me very often by humiliating and ill-treating before the public by using unparliamentarily language. I am adjusting myself and cooperating with the hospital staff even though they kept me in such ICCU which is even verse than Busstand with no control on public movements being kept along with TB patients due to which I am now suffering from lung infection. last 09-12-2010 by influencing the general physician tried to shift me from the hospital at mid night though I am not that bad, with the frustration of failing in making me to bend for compromise under great pressure from out side, now again tried to play new trick. Nursing superintendent Mrs.Subhadra who got retired on this 31-12-2010 and also related to the ACCUSED PERSONS in S.C.NO.367/05 and S.C.No.13/08 which are now pending for trial in the Court of Asst.Sessions Judge.Penukonda and her close relatives who are also present nursing staff Mrs.P.Latha(in charge of ICCU for last 6yers with the special interest of C.S.R.M.O Mr.RamaSubbaRao), Mrs.Ramathulasi, Mrs.Mahalakshmi, Miss.Jayasree and mr.Shiva(A.M.C.) Anastasia technician were caught red handedly on mid night of 29-12-2010 while taking away my case sheet from the ICCU Ward with the help of male staff nurse Mr.Narayana Naik and my servo lance A.R. Head Constable Mr.M.B.N.Reddy.H.C.52 and W.PC 872 mrs. Saritha at around 12AM who tin order to miss it and show me as FOUND ABSCAND and to Discharge from the hospital. I have informed immediately to come and take action on them to the D.A.P Mr.Shiva Kumar Reddy but he intentionally left them to go free by saying that he will take action definitely, neither he nor the night in charge nursing superintendent have not written MEMO’s though they were informed at the same moment. the very next morning instead of taking action on them based on MEMO written by the night staff male nurse in C.S.R.M.O MEMO BOOK and my written complaint to the Superintendent, C.S.R.M.O., and Nursing Superintendent of G.G.H.Anantapur by coming under their pressure referred me to the psychiatrist who works in the same Hospital in order to threat me and to down my confidence level who came and examined me immediately and reported as normal, when I demanded my general Physician to conduct enquiry and stop treatment till they take action on those persons who tried to theft my CASE SHEET, he enquired in to the matter, once after finding it true he immediately he took note of it in C.S.R.M.O. MEMO BOOK which was duly signed by the Ward in charge Head Sister on Dt.30-12-2010 and the Ward in charge general Physician Mr.Veerabhadraih submitted it to the C.S.R.M.O, but instead of submitting it to the C.S.R.M.O the in charge Morning Staff Nurse Mrs.Parvathi gave it in to the hands of Nursing Superintendent who made the same male staff nurse to come to her and tare it off with his own hands in order to protect them all by ruining the evidence. Though this has been brought to the notice of the Superintendent and C.S.R.M.O till now no such action has een taken against them, now they are harassing me by hiding bathroom keys and asking me to go out for public toilet if I want to wash my face like any other patient. Not allowing my servo lance to stay with me, though it is tagged as ICCU it is of 12 bed general Ward with open cots they are restricting the other patients and their attendees from talking to me by mentioning each and every time that I am a prisoner and if any one tries to talk to me they also have to go to the jail as entire Police are acting against me, they continuously do this each and every day including the general physician who come to see my health condition regularly, usually most of the patients who come there are obviously poor and Old couples who have no supporters and hopeless, when ever I do service to them the Hospital staff always engage themselves in passing defamatory statements against me and terrify the other patients and try to rise quarrels by provoking the workers and disturb me in order to prove that I am mentally not sound, but still I am protected by the other Doctors and few other nursing staff, workers and also by the other patient attendees. Now they are immediately shifting them once they find they are good at me to the other wards and threatening the other staff and workers to stay away from me, instigating the police guards to close all communication and demand money for guarding me for all these days, including my general physician all staff nurses who ever come for their duty in this ICCU indirectly keep on reminding me that if any one wants to stay for this much long time in this hospital in admission they must pay monthly one lack rupees and the other side will be warning me by taking the name of some out side criminals and high rank officials by pointing out my helplessness and non cooperation of Judiciary for neglecting me for such long time though my life is at the edge of danger. Till the date neither single official nor a single person from NHRC or APHRC came to see me and enquire about me though my case has been numbered in NHRC and forwarded to the APHRC.Hyderabad. Case No.789/1/2/2010/OC/M-2 due to which I am now appearing before the entire society that I am even NEGLECTED and not supported by the Judiciary comparing to the Criminals like how they are being supported in my case. They are free from all the tensions and continuing their illegal constructions with the help of all other officials and most unfortunate and unbelievable thing is J.F.C.Magistrate. Penukonda on whom I am now demanding for Judicial enquiry has passed two N.B.Ws in counter cases which are already acquitted by the same court and spitted up only against me in which I have already filed petitions U/s.239 Cr.P.C. to acquit me from those cases and also they were asked to shift from that court to any other court by the same Magistrate in his last and false submission to the Hon’ble District Judge though I am under Judicial custody in order to help police and give confidence to harass me by closing all our petitions filed for recovery of our two cell phones which are must for evidence at the time of Judicial enquiry to submit the vidio evidence. now once again they made all arrangements to arrest me by exceeding their limits and desperately trying to black mail me by showing those NBWs that they may produce me before the same magistrate on P.T. WARRANTS in order to humiliate and also to kill my confidence. just because the same magistrate is still being continued in same Hon’ble position he is now waiting with two N.B.Ws to send me to illegal remand once again immediately once after I go out on bail the exact reason why I am not accepting the bail for no offence and demanding for judicial enquiry on him. The Govt. officials such as the District collector, Superintendent of Police.Anantapur, Ministers, and high rank officials of Jail Dept. of AP and also magistrates visit this hospital number of times but never show any interest to know why I am here and what is my health condition and under what circumstance I am kept here. When the situation is this much verse around me, can it be imagined what will be going on with my family members who are left totally hopeless with out my presence? When ever these people find me still having strong belief in the Law all these are making fun of me for having such faith in Judiciary even after this much injustice happening with me. they are showing me to others as one of the best example of those who have deceived by the Law breakers and ALSO ADVISING ME TO APPROACH MEDIA so that there will be some consideration from the side of Higher Judiciary but I my self don’t want to loose my confidence on Judiciary. I am ready to loose my life but not faith in Judiciary. I am confident that one fine day I definitely get the Justice. till then I continue my hunger strike and legal fight until I get the CANCELLING ORDER of ILLEGAL REMAND OF MINE BASED ON THE EVIDENCE. I want an enquiry immediately to find the truth & give justice to me the aggrieved based on the evidence which I am ready to produce in proof what ever happened with us since eight years before some thing goes wrong and some thing happens to my life. Thank you, Pushpa. JUDICIAL ATROCITY AGAINST AN INNOCENT WOMAN Date: Thu, 23 Sep 2010 08:16:50 +0530 Subject: Sir..I need your kind attention immediately as iam in need..urgent.. From: pkolasani7@gmail.com To: naghrw@yahoo.com CC: nagarajhrw@hotmail.com sir.. humbly..Iam miss.Pushpa.Kolasani resident of puttaparthi,Anantapur Dist.AP. a law graduate but engased in to computer animation bussiness..problem is I am on hunger strike for last 37 days demanding for judicial enquiry on magistrate who has given me for illegal judicial remand in a falsly implicated case against me by the police.Anantapur in Cr.No.50/10, U/s.353C.P.Cto bend me for compromise in S.C.No.13/08, S.C.No.367/05 ,pending in the court of Asst.Sessions Judge.Penukonda, C.C.S.R.02/09, pending in the court of JFCM.Penukonda and few other related cases linked with them in which police or directly involved and now they are at trail stage but they have even influenced my legal councel also..now I am permited to take the procecution side party in person in the place of PP and Spl.PP who were appointed earlier in them who made me arrested exactly one year before same like this though my recall petition was pending before the bench IN COUNTER CASES..now again it has been repeated thats why i have started hunger strike since then to put an end for their dramma once for all..i have sent a petition to the NHRC and the Chief Justice of High Court.AP but of no use at all..now I am under the treatment of Govt.General Hospital.Anantapur..police are forcing them too to not to issue any copyies of my medical reports to submit to the court..as i am taking a risk of sending this mail to you with the help of hospital staff only..may not e all the times possible..so i shall engage my sister Mrs.S.Ch.Padma to contact you over phone in this regard on behalf of me..i need your guidence and timely help..at any cost Iam not ready to let them go free..in this 3 magistrates and even GJ of anantapur is also involved now..i am ready to put forth all the clear and documentary evidence to prove their faults..my sisters phone Nos are...09441552129, 09441111772..pls o respond immediately.. thank you sir, regards, pushpa.k D/o.K.Venkatesu. 6/20-D.kolasani buildings, university road, puttaparthi,Anantapur.Dist.A.P. CROSS EXAMINATION OF COMMISSIONER OF PUDA ( PUTTAPARTHI URBAN DEVELOPMENT AUTHORITY ) ANDHRA PRADESH 1. how many times since 1987 , PUDA/ GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ? 2. how many cases of CDP violations were registered by PUDA / GOVERNMENT since 1987 till date ? 3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ? 4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by PUDA / GOVERNMENT ? 5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ? 6. during such alienation , is the PUDA / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ? 7. in Puttaparthi city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by PUDA / GOVERNMENT ? 8. how many cases of building bye-laws violations has been registered by PUDA / GOVERNMENT since 1987 ? what is the action status report yearwise ? 9. how much of PUDA's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ? 10. has the PUDA / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ? 11. in how many cases of such illegal occupation PUDA / GOVERNMENT has legalized , regularized such illegal occupation just through PUDA's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ? 12. has the PUDA / GOVERNMENT followed all legal norms in re-allotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ? 13. in Puttaparthi city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by PUDA , GOVERNMENT & how many not ? since 1987 till date ? 14. has the PUDA / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ? 15. what action PUDA / GOVERNMENT has initiated against real estate firms & housing societies who have violated PUDA norms , layout plans , etc ? if not why ? 16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. PUDA / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by PUDA / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the PUDA / GOVERNMENT responsible for those accidents , injuries & deaths ? 17. what is the criteria adopted by PUDA / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ? 18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by PUDA / GOVERNMENT ? specific figures yearwise since 1987 ? 19. what action has been taken against developers , housing societies , who have violated PUDA / GOVERNMENT norms ? 20. when poor scheduled caste , scheduled tribe people , minority people illegally live On PUDA / GOVERNMENT sites building temporary huts , PUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy PUDA / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , PUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by PUDA / GOVERNMENT ? 21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by PUDA / GOVERNMENT since 1987 till date ? yearwise figures ? 22. how much of PUDA / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ? 23. how much of those has been recovered ? has the PUDA ,AUTHORITIES recovered the rents earned by illegal occupation ? 24. have you filed police complaints against those criminals – tresspassers ? if not why ? 25. is the PUDA / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ? 26. is the PUDA / GOVERNMENT giving market value to land loosers ? 27. is the PUDA / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ? 28. is the PUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ? 29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When PUDA / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ? 30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by PUDA or other land developers ? 31. has the PUDA , taken alternate steps to create new lakes , ponds ? how many are created till date ? 32. in & around Puttaparthi city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ? 33. till date how many burial grounds are acquired & sold as sites by PUDA / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ? 34. in & around Puttaparthi city , in how many areas developed by PUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ? 35. how many tributaries , lakes , ponds are killed in this fashion by PUDA & other developers , housing societies ? 36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the PUDA Is monitoring sewage / waste disposal ? status report yearwise since 1987 till date . 37. how many unauthorized housing layouts are there in & around Puttaparthi city ? what action by PUDA / GOVERNMENT against them ? action taken report yearwise since 1987 till date . 38. around Puttaparthi city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the PUDA / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has APIADB given consent to it ? 39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the APIADB's comprehensive industrial area development plan ? 40. has the PUDA , APIADB given wide publicity , public notice calling for objections before alienation of such lands ? 41. are all those alienations , strictly in conformance to PUDA's CDP & APIADB's industrial area development plan ? violations how many ? 42. is the PUDA & APIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ? 43.what action has been taken based on Complaint made by Ms.Pushpa Regarding illegal complex construction , neighbouring her house ? 44.Why the illegal structure mentioned by the complainanant was not demolished ? 45. If PUDA does not have man power for demolition , did it request the appropriate authorities , for the same ? when ? 46.Is it right , legal for PUDA officials to postpone the demolition of illegal structures in anticipation of regularization of the same by government ? 47.Is not legalizing a crime itself a crime ? 48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by PUDA or government in such cases ? 49.how many trusts have violated government norms in this way since 1987 till date? what action taken by PUDA & government action taken report yearwise since 1987 till date ? 50.how many such illegalities / violations by trusts are regularized by PUDA or authorities , on what legal grounds ? ATR since 1987 till date ? 51.before regularizing such violations have you sought public objections & given media publicity ? if not why ? 52.how you are monitoring the net wealth growth of some PUDA / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ? 53.how many trusts , NGOs are allotted prime residential / commercial lands by PUDA / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sublet it either partly or wholly to others ? 54.how many such lease allotments are sold by PUDA / GOVERNMENT before the expiry of lease period , without public auction ? 55. what are the norms followed by PUDA / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ? POLICE NOT REGISTERING COMPLAINT AGAINST CHIEF JUSTICE OF INDIA & OTHERS 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 Karnataka Police are NOT registering & acting on my complaint to them dated 04.07.2009 The Vijayanagar police in mysore stated that they don’t have legal jurisdiction to book the criminals I have mentioned in the complaint & by taking a statement from me to that effect closed the case temporarily on 11.09.2010 after sitting over the complaint for years together. Is it not the duty of DG&IGP to seek the permission from home ministry to legally prosecute the alleged criminal VVIPs ? Why he was silent ? Ofcourse the lower rung police officers practically don’t have power to prosecute high & mighty ? Hereby , I do request the DG & IG OF Police , Government of Karnataka to seek the legal sanction from union home ministry & Karnataka state home ministry , for the prosecution of below mentioned criminal VVIPs & to reopen my complaint here with. 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. SOS Appeal to SUPREME COURT of INDIA 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 governmentof 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 : 18.01.2011 your's sincerely, Place : Mysore nagaraj.m.r. ……………………..DECLARATION……………………… Name : ...........................NAGARAJ.M.R. Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA Professional / Trade Title : S.O.S - e – Voice For Justice Periodicity : WEEKLY Circulation : FOR FREE DISTRIBUTION ON WEB Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals . Monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise. Owner/editor/printer/publisher : NAGARAJ.M.R. Nationality : INDIAN Body Donation : Physical Body of Nagaraj M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students. Eye Donation : Both EYES of Nagaraj M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy. Home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com , Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com , Cell : 0 9341820313 I ,NAGARAJ.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. 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 , death due to improper medical care , 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 I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case 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 , Judges , public servants & Constitutional fuctionaries. date : 18/01/2011…………………………..your's sincerely, place : India…………………………………Nagaraj.M.R. DEALS IN COURTS & POLICE STATIONS READ : A B C D of Denocracy – A Lesson for all people’s representatives HOW MPs ,MLAs , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION In india, indirect democracy is the form of governance. In this form, people's representatives are bound to raise the questions , issues concerning their constituents on their behalf , on the floor of the house. However the sad part in india even after 58 years of democracy , is the lobbying is at it's peak. The lobbying is a gentleman's white collared crook's way of forming favour seeker's group , creating a corpus to pay lumpsum bribe & influencing decision making. The people's representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements. These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. These think tanks & IAS lobby are the hand maidens of lobbyists / bribers. Now consider the following example : Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It's sight falls on the public sector paper giant mandya national paper mills ( MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet committee okays it. The " strategic dis investment issue " comes before the parliament for legislation / approval. The ruling party issues a party whip to it's members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation. On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 62 years in india. In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent's of his constituency , people's wishes aspirations are of primary importance & supreme. What people need is a honest representative, who simply delivers the people's aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people's representatives must be true postmans. Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it's true form. 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. PROTECTION OF WITNESSES IN CRIMINAL CASES · 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. Reproduced from The Times Of India August 16, 2007 page10 We do frame people, says NCB official Sub-Inspector Tell HC How They Plant Drugs On Innocents Abhinav Garg / TNN New Delhi:It's been suspected by many, but confirmation of the police falsely implicating people by planting drugs on them has now come from the policeman himself who has been accused of planting drugs on two innocent people. Sub-Inspector Ranbir Singh of the Narcotics Control Bureau (NCB) admitted at the Delhi High Court that testing kits for checking banned drugs wereoften defective. What's more officers often replaced the recovered substance with lethal drugs in order to implicate them. A shocked court has summoned the NCB director to explain the charge. Ranbir is himself tainted of this grave abuse of authority. There is an FIR against him for falsely implicating rwo persons under the harsh Narcotics Drugs and Psychotropic Substances act. He claimed to have recovered 100gm heroin from them which later turned out to be harmless paracetomal powder. The officer is now seeking to get the FIR quashed and in his defence has claimed that he was not the only one who framed people, several other officers did the same. The Judge has also summoned the Kamala Market Narcotics Cell in-charge from whose area Singh allegedly picked up the two persons. The Director and the Cell in-charge will have to explain before the court as to how these two innocents were booked and thrown into jail when two forensic reports clearly stated that the substance in question was paracetomol. The case in which Singh is involved took place in March last year. Gyanender and Santosh were arrested by him for alleged possesion of heroin. The substance was sent for testing to two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported back that the powder was'nt heroin but just parecetomal. After this came to light, the additional sessions judge hearing the case acquited the two men and recommended that an FIR be lodged against Singh as the two undertrials had to languish in jail because of the wanton abuse of authority. The high court, while hearing a petition filed by Singh seeking quashing of FIR against him found it intriguing that even when the investigating team is equipped with "field testing kit" to test the contraband, they had mistaken paracetomal powder for heroin. Upon which Singh revealed that kits were often defective and that officers also changed the actual recovered substance with banned contraband. BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme Court of India & Supreme Court of USANow it is a known fact that Bhopal Gas Leak Case Verdict was FIXED years before , MATCH FIXED by then MP Government Chief Minister , Indian Prime Minister and most shame fully Chief Justice of India.Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA , for practicing double standards in enforcement of law & justice.Double standards of supreme court of Indiahttp://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blindPIL Appeal & Show Cause Notice to Supreme Court of Indiahttp://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-indiaIn India, Favorable treatment is given by police & courts of law for rich crooks where as poor innocents are harassed , tortured by the very same police & judges . In india Some MP , MLAs even take money for asking questions in parliament / legislature , Favourable laws are enacted to legalize crimes of rich crooks for example : Illegal land encroachments by rich crooks. The same MPs , MLAs are not aware about problems of poor public , they don’t even open their mouth for asking questions on welfare of poor , let alone enact laws for welfare of poor. No government law , no decisions of judges , no orders of public servants are sacrosanct . Hereby , e-voice urges the supreme court of india ,1. To legally prosecute the jurisdictional police who changed the charge sheet , who let out Main criminalAnderson illegally without orders from the court.2. To legally prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who fully aided the main accussed , criminal Anderson to escape , to jump law.3. To legally prosecute Indian Public Servants , who were responsible for withdrawing the case from US Courts of Justice.4. To legally prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues , who diluted the case by changing the clause under which Anderson & others were charged.The Public servants – Mps , MLAs , Judges , IAS / IPS officers , Police take thousands of rupees monthly salary , cars , bungalows , 5-star hotel stay together with 5-star meal complete with alchoholic drinks , 5-star health care at premium hospitals , business class air travel , foreign tours , etc all at tax payer’s expense. After enjoying to the hilt at taxpayer’s expense , these same public servants don’t serve the public , they serve the rich crooks , anti nationals in their greed for more money.All the while the same poor tax payer suffers without justice . In India more than 50 Crore people are barely surviving on a single piece meal .Let the corrupt public servants eat their 5-star meals by the side of the graves of Bhopal Gas Victims. Atleast this will open the eyes of honest few in public service – police , judiciary & parliament , it is a fond hope. This is an appeal to those honest few in judiciary , police & parliament to catch hold of their corrupt colleagues.BHOPAL GAS TRAGEDY 1984 -Bhopal, India At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper safety measures and fully implemented it in practice, at it's plant in Bhopal. The Government of Madhyapradesh through it's labour department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation (U.C.C) at it's Various plants in the U.S.A. The U.C.I.L. didn't give community training to residents of nearby localities, to cope up with emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety practices, as it treated Indian lives as cheap. The government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title deeds just months before the tragedy in 1984. Now, refer the following:- 1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India got him released. 2. In 1985, Government of India enacted "Bhopal claims Act" took- away the right of appeal of all the Gas tragedy victims & declared itself as the sole representative of all victims. This said act itself is violative of victim's fundamental & human rights. The victims didn't choose Government of India as it's representative under will, agreement, trust or pleasure. 3. The paradox of this "Bhopal claims Act" is that, Government of India which is also a party to the crime, tragedy, itself is the appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by Government of India. 4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L 5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil & Criminal proceedings 6. Even the Government of India didn't present the case of victim's- gas tragedy victims, properly before the U.S.courts, where the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India & Government of India, here to safeguard Indians and to safeguard Justice? After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the victims, till date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims. Particularly in the case of "Bhopal Gas Tragedy" the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C. Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it's subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly guaranteed revenue, Enron threatened to invoke, open the "Eschrew Clause" with the Government of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely Government of U.S.A. would have stepped into the scene to protect it's MNC. Hypothetically, In the same vein if Enron has caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government of U.S.A. to step in & pay-up. In the same way, the U.C.I.L has caused massive damages to Indians & .refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to cough-up the sum. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/ investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be transparent ? JUDICIAL CORRUPTION IN INDIA
‘Half of last 16 chief justices have been corrupt’By churumuri Judicial corruption is a bull few in India are willing to attach their names to. There are whispers of this or that sitting judge making piles or cash; of sons, daughters and other near and dear ones acting as “brokers” for cases, deals, etc, but none of those allegations see the light of day. Not because the media is a willing accomplice but because of the sword of “contempt of court” hanging over us. For long, truth was not, repeat not, a defence in the case of contempt. Although that is now no longer the case, judicial corruption still isn’t headline news like corruption in other spheres of Indian life. The case of Justice P.D. Dinakaran is one of the rare exceptions and that too only in sections of the media. In September 2009, the Supreme Court lawyer Prashant Bhushan, in an interview to Shoma Chaudhury of Tehelkamagazine, said “half of the last 16 chief justices were corrupt”. The comment invited the apex court’s contempt. Now, Bhushan’s father, the noted jurist Shanti Bhushan has joined issue. In his application before the Supreme Court praying for his impleadment as respondent No.3 in the case of the Amicus Curiae vs Prashant Bhushan, Bhushan senior repeats his son’s charge that eight out of the last 16 CJs were corrupt, even going so far as to deliver the names of the corrupt in a sealed cover.
Below is the full text of Shanti Bhushan’s application, published in the public interest. ***
*** Photograph: courtesy Shailendra Pandey/ Tehelka *** Full coverage: The strange case of Justice P.D. Dinakaran Editorial : COURT JUDGEMENT FIXING IN COURTS OF LAW / POLICE STATIONS / GOVERNMENT OFFICES - SATYAMEVA JAYATE ? Triumph of Injustice in India In India legislations , Parliamentary Acts , policy decisions are fixed (example : telecom policy fixing by neera radia & others) , the court judgement are fixed , arrest warrant by courts are fixed (example : CJI. Ahmadi changing the charge against Bhopal gas co & a judge issuing arrest warrants against then president of India kalam & then CJI) , Police fixing cases , torturing innocents , closing cases by B reports , changing track of investigations , governments servants giving false reports & records , etc. In this back drop , commonman won’t get justice in India . Instead if he raises his voice for justice , he is persecuted by the nexus of CRIMINALS – POLICE – JUDGES – PUBLIC SERVANTS. Even the supreme court of India , is not accepting our offer of service to legally book the criminals nor is it registering our PIL nor the Karnataka police are registering our complaint against public servants. Our Supreme Court Judges , police & Public Servants , preach virtues in courts of law & other forums , but they don’t practice it themselves. SATYAMEVA JAYATE ? Read & Answer : JAI HIND. VANDE MATARAM. Your’s sincerely , Nagaraj.M.R. CROSS-EXAMINATION of Chief Justice of India - Half of Former Chief Justices of India are Corrupt Judicial Layout Site Allotment – BRIBE TO JUDGES ? Is the allotment of residential plots to Judges @ yelahanka Judicial Layout , a mode of paying bribe to judges by the biggest litigant government itself & the corrupt public servants in the government. So that the government can pass illegal laws like “Regularization of Illegal Buildings” , “ Illegal Appointments to Medical colleges in Hassan , Mysore” ,etc & ministers , IAS officers can indulge in illegal unconstitutional acts , but the courts will not take any appropriate action suo motto or based on any petition. IT IS MUTUAL HELP , NEXUS OF TWO CRIMINALS – JUDICIARY & GOVERNMENT. Ofcourse , there are honest few exceptions in judiciary & government. We Respect those honest few. 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 at following web page : http://sites.google.com/site/eclarionofdalit/deals-in-courts IB confirms Mysore sex scandalThe Intelligence Bureau has provided the Centre with a detailed account of the escapade involving three Karnataka High Court judges on November 3 in a resort on the outskirts of Mysore, highly placed sources told The Times of India on Friday. According to a senior official, "Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match." The incident was widely reported in the media. What has surprised the Centre is the "dogged refusal" of the Karnataka police to confirm the incident. "Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot," says the source. What transpired at the resort, says the source, "cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law". According to him, "The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position?" In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court. While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident. However, the source says that now the government is worried about the appropriate "remedial measures". In such cases, transferring a judge to a remote high court doesn't always work. He says, "Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jain's proposal to transfer the three judges of the Karnataka High Court." The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for "follow-up action". "Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy," it said in a statement. The BCI has "lamented" inaction in this case by "the higher judiciary and the government". Read more: IB confirms Mysore sex scandal - The Times of India http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sex-scandal/articleshow/29801662.cms#ixzz1B7PtvFdU CJ suspends copycat judges, wants reportHyderabad/Warangal, Aug. 25: The Andhra Pradesh High Court Chief Justice, Mr Nisar Ahmad Kakru, on Wednesday suspended five subordinate judges for allegedly indulging in copying during the LLM exams held at Kakatiya University in Warangal district on Tuesday. Mr Ajitsimha Rao, senior civil judge, Mr Vijayender Reddy, second additional district judge of Ranga Reddy district, Mr M. Kistappa, senior civil judge of Anantapur, Mr Srinivasa Chary, senior civil judge of Baptla and Mr Hanumantha Rao, additional junior civil judge of Warangal were caught red-handed while copying in the first year exams. The Chief Justice reviewed the situation after obtaining the preliminary report from the university authorities and issued orders suspending them from the service. He also asked the university to send a detailed report on the exam malpractice by the judges. Meanwhile, the Warangal District Bar Association (WDBA) has demanded registration of cases under the AP Public Examination (Prevention of Malpractices & Unfair Means) Act, 1997, against the errant judges. “It was unbecoming of the judges to indulge in mass copying,” said Mr Ch Sambasiva Raju, vice-president, WDBA. The WDBA office bearers also demanded suspension of Mr Razak Uzama, II Sub-Judge, Warangal and his wife Ms Prema Rajeshwara, secretary, district legal services authority, Warangal, both of who appeared in the LLM exam. Reportedly, it was Mr Razak who encouraged the mass copying. However, he and his wife were spared. Meanwhile, Dr Talapalli Manohar, additional controller of examination, SDLCE, clarified that the flying squad had actually debarred only three judges — Mr M. Kistappa, Mr Vijayender Reddy and Mr Ajitsimha Rao. Sources said the other two judges, Mr Hanumantha Rao and Mr Srinivasa Chary were caught based on visual evidence. Magistrate issues arrest warrant against Indian president after cash bribe.An Indian magistrate who allegedly accepted a bribe to issue arrest warrants against India's president and senior legal figures has been trapped in a sting operation by a journalist, a report said. The journalist videotaped magistrate Meghani Nagar, who practices in Ahmedabad, commercial capital of Gujarat state, accepting a bribe of 40,000 rupees (851 dollars) to issue the arrest warrants, the Times of India newspaper said Thursday. Among those cited in the warrants for criminal breach of trust and for cheating and dishonesty are Indian President Abdul Kalam and Chief Justice V.N. Khare, a senior judge and a well-known … Indian president arrest warrant probe India's Supreme Court has ordered an investigation into how an arrest warrant was issued against the country's president and its top judges. A shocked Chief Justice VN Khare asked India's top police body, the Central Bureau of Investigation, to report its findings in a week. President Abdul Kalam, two Supreme Court judges - including Chief Justice Khare himself - and the president of India's bar association were issued with the warrants after a case of fraud was filed against them. An Indian television journalist has told the court he secretly filmed a magistrate accepting 40,000 rupees ($883) to issue the warrants. The magistrate apparently had not realised who they were, newspaper reports said on Thursday. He has now been suspended from his duties. Court request Journalist Vijay Shekhar has handed over to the court videotapes of the incident, which took place in the state of Gujarat. The court has issued notices to the magistrate and the lawyers who filed the case, asking them for their version of the events, the Press Trust of India reports. "What is happening in Gujarat? By giving 40,000 rupees you can get a judicial order," Chief Justice Khare is reported as saying. "If this is the state of affairs only God knows what will happen to the country," he added. Mr Shekhar said he carried out the sting operation to expose corruption in India's judiciary. In 2001 India was hit by an arms scandal after a website secretly filmed senior military and defence officials apparently accepting cash from journalists posing as arms dealers. Lokayukta: DC demanded sex from widow In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager, the Karnataka Lokayukta on Saturday made a startling revelation that the state government was shielding a top bureaucrat who had demanded sexual favours from a young widow. Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office Saturday afternoon, said the unnamed widow had dared the deputy commissioner and approached the Lokayukta’s office with a complaint against the officer. On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to the state government the suspension and prosecution of the DC concerned. The recommendation was subsequently considered by the concerned department head as well as the chief secretary and both endorsed it. But, according to Justice Hegde, no action was initiated against the DC as the same official who had endorsed the recommendation subsequently found no basis for initiating departmental action against him. Instead, the official cleared the DC’s name for promotion in the super-scale. Presently, the official holds a senior position in the government. The widow, in her late 20s, had approached the DC with a representation to sort out some problems. But she was shocked when the DC demanded sex. Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name the district where the official was serving as deputy commissioner. But the incident has happened sometime in the course of last three years as Justice Hegde took over as the Lokayukta in mid-2006. 3-year jail term for ‘dirty’ judge Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in 1997 Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a bribe, from a housewife, Alka Gaikwad — who had sought an increase in her monthly maintenance allowance from her estranged husband, in 1997 — proved costly to him. Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB) matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000, on Monday. According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn, filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per month. Subsequently, in January 1997, Alka filed another application before the same family court (now presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone number, asking her to call him when the court hours ended. He told her that he would ask her husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she called him up,” the FIR states. When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the following evening. “Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the permission designated a court official to bear witness to the events leading to the trap. Alka, under video camera surveillance of ACB sleuths, along with the court official and other women witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when she protested, repeated his demands,” the FIR states. Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But before he could do anything else, ACB sleuths swooped in and arrested him. Rajasthan judge is indicted for seeking sexual favoursChief Justice of India G B Pattanaik retires tonight and he doesn’t have much to write home about on the unprecedented drive he launched to enforce judicial accountability. After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the Rajasthan judge who has been indicted in a sex scandal and yet has escaped action—pending another inquiry. On December 14, a three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex with him in exchange for a judicial favour. The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the woman concerned, Sunita Malviya. But Pattanaik has not announced any action against Madan. When contacted by The Indian Express, Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad reputation’’ in seeking sexual favours in return for judicial ones. However, Pattanaik said that no action was being taken since the committee had also mentioned allegations of corruption against Madan. And so he had ordered a further inquiry by the same committee into the corruption charges. When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That is on hold because I could not have taken piecemeal action against him....I am praying to God that the final report will give some tangible material to take action.’’ Highly placed sources told The Indian Express that when the committee recorded statements last week in Jodhpur of about 30 persons over four days, it also came to know of several allegations of corruption against Madan and another judge of the same high court. The committee put these on record as well. Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex scandal issue and instead limited himself to saying that he was ordering a further inquiry into corruption allegations. In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare. The gist of Malviya’s complaint is that Madan made a sexual proposition to her in October through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help her, in turn, get out of a criminal case booked against her. With this, Pattanaik’s much-touted in-house judicial accountability seems to have hit a wall. The first committee’s report into the PPSC scam exonerated one judge despite evidence and let two others off with a mere slap on the wrist. The third committee is now busy probing the involvement of judges in the Mysore sex scam. Wapedia - Wiki: Scheduled Caste and Scheduled Tribe (Prevention of ...1 Dec 2010 ... (2) It extends to the whole of India except the State of Jammu & Kash- mir. ... This is because of the still existing biases of thecourt judges. ... had his chambers "purified" with water from the 'ganga jal' because a ... wapedia.mobi/.../Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989 - Cached - Similar Corruption in JudiciaryThe sheer number of cases pending in the Indian judicial system (26 million at last count) says it all. One of the most frequently used words in India, corruption signifies a range of things. In 2005, Transparency International and Delhi based Centre for Media Studies, a research firm, undertook the India Corruption Study. The survey covered 14,405 respondents over 20 states and included interviews with service providers and users (of these services). The results, published the same year said Indians pay out around Rs. 21,068 crore as bribes while availing one of 11 public services. While some of the results of the survey were published, many of the details were not. The study, however, remains the most recent and the most comprehensive report on corruption in India. Apart from calculating the extent of corruption, in Rs. crore, it explains the mechanics of it. Over the week, Mint will present details of the CMS study. On Monday we featured India’s public distribution system. On Tuesday, we did the education system. Today, we look at the judicial system. Reader’s are welcome to send in their feedback to feedback@livemint.com. Courting Corruption The sheer number of cases pending in the Indian judicial system (26 million at last count) says it all. Given that, and the number of judges across various states (per lakh of population), the system is rife with delays and inefficiencies -- ideal conditions for middlemen to step in. In the year preceding the survey, 59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court officials. 1. Inaccesibility The judicial system is highly dilatory, expensive, and beyond the reach of the common man. Ordinary citizens find it hard to seek redress, as litigation is expensive and extra money is often required to oil the wheels of the system 2. Misuse of power There are instances of Metropolitan Magistrates issuing bailable arrest warrants against individuals of whose identitites he has no idea, in return for an inducement. Some time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against the President of India in return for an inducement of Rs. 40,000. In some cases, judges offer a favour in exchange for personal gain or favours. In Rajasthan, some time back, there were reports of a judge who offered judicial favour in exchange for sexual favours from a litigant. Some of these instances have been reported by the media, but no action has resulted. Today, under existing rules, any person making any allegation of corruption or other things against a sitting judge can be charged and punished for contempt of court. This is a deterrent against more such instances coming to light. 3. A difficult impeachment process The Supreme Court of India has ruled that no first information report (FIR) can be registered against a judge, nor, a criminal investigation initiated without prior approval of the Chief Justice of the Supreme Court. Once appointed, a judge of the High Court or Supreme Court cannot be sacked except by a complicated impeachment process, done by members of the Lok Sabha and the Rajya Sabha, the two houses of Indian parliament. Their immunity is reinforced by the fact that the procedure isn’t just cumbersome but also susceptible to political influence. In the 1990s, when the Congress was in power, a motion seeking to impeach Justice V Ramaswami could not be passed by parliament as Congress members of parliament abstained from voting. There have been no other attempts at impeachment in India. 4. Slow and inefficient Many cases drag on for years. SAn oft cited excuse is the lack of staff, but the judicial process itself is unnecessarily complicated and inefficient, making cases drag on for a long time. Bribes are sometimes ought to davance the judgement or bend it. At last count, some 26 million cases were pending in Indian courts. Why People Pay Bribes 1. Favourable judgement Recent media reports have shown that it is possible to secure a favourable judegement in a lower court by bribing the judiciary, although the situation radically improves when it comes to the higher courts. 2. Speeding up judgement There is a huge backlog of cases in Indian courts which results in delayed judgements. It is quite common for a case to drag on for years. People often have to pay bribes to speed up the process. 3. Other activities A llot of non case related work also falls under the purview of the judiciary. This includes the issual of affidavits, registrations, etc. People often pay bribes to get this work done by a middleman. 4. Obtaining bail The judge has a lot of discretion in issuing bail; the guidelines governing this are fairly basic. It is possible to secure bail by influencing the judge in some cases. 5. Manipulating witnesses As some recent high-profile cases have shown, witnesses are manipulated through money or force into giving favourable testimony. Suggested Solutions 1. Use of technology * A review of how court records are handled and the introduction of modern tracking methods can eliminate much of petty corruption existing in lower courts * Websites and CDs can explain basic law to laymen * Court files can be computerized * Video recordings of cout procedings should be maintained 2. Reduce the gap * Provide alternative methods of dispute redressal to lighten burden on courts * Increase number of judicial officers and number of fast track courts * Create a vigilance cell for redressal of public grievances 3. Making the judiciary accountable * Judges must be subject to judicial review * Judges must follow a code of conduct * Bar associations must act against corrupt members * A public body must keep an eye on the judicial system * An Indian judicial service must be created * The proposed National Judicial Commission should have powers to fire judges * Judges should declare their assets and those of their family Anamolies in the arrest procedure-- By Anil Nauriya A recent case of a Gujarat magistrate who issued arrest warrants against the President of India, the Chief Justice of India, a Supreme Court judge and a former President of the Supreme Court Bar Association, has evoked interest in the media. There has been public concern essentially over the circumstances in which this order was procured and about how the names of the dignitaries concerned were disguised by not mentioning their designations and by seemingly spelling the names in full rather than as they are usually written. The complainant — there is a doubt whether the person in whose name the complaint was filed is real or virtual — simply approached a magistrate and made an apparently fictitious claim of having been cheated or defrauded. The criminal justice process reached the arrest warrant stage without anyone taking the precaution of finding out whether there was an iota of truth in the complaint. Why did this happen in this particular case? How could such a thing happen under criminal procedure? The Supreme Court is seized with the first question and it is not desirable to comment on it. But the second question can and should be discussed. A vital point to note about the “ordinary” criminal procedure (as distinguished from so-called special laws like the earlier Terrorism and Disruptive Activities Prevention Act) is that it is not in fact ordinary. As in the case of the existing Code of Criminal Procedure, 1973, applicable in India, criminal procedure in post-colonial societies is modelled on or is an outgrowth of colonial procedure. Many provisions have been mechanically continued. There are several problem areas in criminal procedure relating to case registration, police powers of arrest in respect of certain offences considered graver than others, magisterial powers to direct investigation and, in given situations, issue warrants of arrest, and, finally, in the investigation itself. These aspects of criminal procedure lend themselves to considerable abuse by the police and the subordinate judiciary. The Code enables a complaint to be made to a magistrate under Section 190 and certain other provisions in case the police do not register an FIR on their own or after a complaint is made to them. On being so approached, magistrates have a variety of options, superimposed on, and sometimes even apart from the usual classification of offences on the basis of seriousness. But broadly during the pre-trial stage there are two magisterial approaches that may, with some risk of simplification, be called the Red and Green Channels. The first is to insist on some elaborate evidence or material being brought on record by the complainant before setting the law in motion. The second is to simply take the complaint on record, ask the complainant a question or two, and initiate the process by directing the police to investigate and, if necessary, issuing summons or warrants as the case may be. Complaints about cognisable (that is, cases in which the police may arrest without warrant) and non-bailable offences often tend to go through the Green Channel. The difference in the two approaches is ironical and paradoxical. Thus if a parent finds that a minor daughter has been to enticed into a child marriage, and the police have failed to take action against those who organised it, the complaint would generally have to travel through the Red Channel. A child marriage is not necessarily treated as void in personal law, but those who organise it are liable to some minor punishments. A complainant under Section 190 of the Code read with the Child Marriage Restraint Act of 1929 would have to produce what is known as “pre-summoning” evidence before the magistrate. Long dates might be fixed by the magistrate. Unless other steps are taken, the minor girl might even have produced a child and come of age by the time summons are actually issued to the accused persons. The Green Channel operates differently. These cases include but are not limited to matters where the police are empowered to make arrests on their own. In a given case, the police may register an FIR and, if empowered, effect arrests on their own initiative. On the other hand, they may choose not to do so because of political or other pressure. They may also drag their feet for the reason that they are aware of the false and vexatious nature of the complaint. The complainant must then approach the magistrate concerned. At this stage there are few strong safeguards to sieve out fabricated complaints. In fact, if the complaint is fabricated it stands a better chance of receiving Green Channel treatment if it alleges the commission of a serious offence, usually referred to as “cognisable” and “non-bailable.” Odd though it may sometimes seem, in such matters elaborate preliminary evidence is not insisted upon as much as it is in the case of lesser offences. The magistrates are quicker in such cases to direct police investigation and, as the Gujarat magistrate’s case shows, even go further and issue arrest warrants; the initial burden placed upon the complainant by the magistrate is much lighter in such cases. Even a mere order for investigation means, under some judicial decisions, that the police must now necessarily register an FIR. The registration of an FIR implies, in most such cases, arrest of the persons complained against. Since colonial days, the police have often treated as dead letters provisions like Section 41 of the Code which require “credible information” and “reasonable suspicion” before the police may arrest a person without warrant. Similarly, during investigation the police have traditionally taken little notice of the stipulation in Section 157 of the Code that an arrest is to be made when it is “necessary”; there is little appreciation of the fact that the test of “necessity” is a condition precedent to arrest. The upshot is that under the existing Code of Criminal Procedure it is easier to obtain, with magisterial aid, arrest of persons in a false case concerning serious-looking offences than to obtain, in a genuine case, even a summons to the wrong-doer in what the law treats as less serious offences. The law offers a Green Channel for the first category and a Red Channel for the second category. There are no “remedies” to this particular malice; much depends upon the human material in the police and in the subordinate judiciary. But three important safeguards may be suggested. First, if it is not a capital case involving murder or rape or a case where there is a chance that the person against whom the charges are made would flee the country, there is no reason why a prior inquiry cannot be made before the criminal process is permitted to reach the stage of arrests or warrants for arrest. Second, if the complaint is not for a capital offence an affidavit ought to be required at an early stage from the complainant affirming the truth of the averments made by him. In the case of capital offences, which may involve greater urgency, such an affidavit may follow later. Recently the Civil Procedure was amended to require the plaintiff’s affidavit in civil suits. There is greater reason for such affidavits to be required in respect of criminal complaints. The penal law does provide for punishment for filing false complaints. But the suggested affidavit requirement could help discourage false complaints at the threshold. Third, further safeguards are required in cases of cross complaints that is complaints made by more than one side against one another about the same incident or group of incidents. Such situations, often generated by business or political rivalries, are a common source of mischief. Sometimes the police, having registered the initial FIR, do not register the counter complaint, knowing or believing it to be false. At other times the reverse happens. These moves are accompanied with a complex interplay of the political, business and legal process, with unpredictable and ever-changing results. The complaint made by one side could even be suppressed. A cross complaint may be activated. Much depends on who was contacted by whom e.g. Politicians in New Delhi instructing Commissioners of Police, Fascist outfits functioning under a sham civil rights signboard in Ahmedabad. All participate in determining the outcome of a process in which criminal procedure is reduced to naught. It should be mandatory for a complaining party to disclose, in its own complaint before a magistrate, any prior complaints pending against it that may be connected with the same incident or party. A similar responsibility of disclosure must rest upon the police so that such cross complaints may, where appropriate and necessary, be taken up together in the criminal process. The criminal justice process must insist, to the extent this is attainable, upon truth at each stage rather than truth deferred in a bid to achieve interim and collateral objects. Finally, closer attention is required at the drafting stage. When the present Code was being drafted and the then Attorney-General appeared to give his evidence before the Joint Committee on the Draft Bill in October 1971 the following exchange occurred: Chairman: Mr. Attorney General, you must have been very busy... Witness: I have not gone into the matter in detail; I had no time. Chairman: Have you gone through the Questionnaire? Witness: I have read this Press Communiqué. Chairman: And the Bill? Witness: No. (Joint Committee on the Code of Criminal Procedure Bill, 1970, Evidence, Volume II, p. 178).
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The Land Reforms Act stipulates that any such acquired land shall be forfeited after a summary inquiry by the assistant commissioner concerned. The JLC also found that the residential layout did not seek approval from the Bangalore Development Authority (BDA) — the planning authority under the Karnataka Town and Country Planning Act. Further, the report notes that “the House Building Co-operative Society then submitted its layout to the City Municipal Council, Yelahanka, which is not the planning authority for the society land.
The JLC also found that the layout violated norms for the allocation of civic amenities and parks. Town planning norms mandate 25 percent for civic amenities, while the original layout plan envisage only 5 percent. The JLC also questioned the appropriateness of both sitting and retired judges being allotted sites. It wrote: “The society has allotted sites to persons who are ineligible for allotment of sites as judicial employees. Most noteworthy of such ineligible persons are the HC judges, many of whom have been allotted sites.”
Shocked at the extent of corruption perpetuated by the judiciary, the JLC noted: “The society, which should have been a model to others, has become the leading lawbreaker without fear or care of law, property or public interest.” This is a strong indictment. So how did Yeddy pick Padmaraj?
Ex-CJI's wealth under scanner
KOCHI: There is no respite for Justice K G Balakrishnan, former CJI and present NHRC Chairman, from controversies.
Close on the heels of the A Raja episode, he has landed in trouble with allegations erupting over his assets. A CBI inquiry into the amassment of wealth by him is now on the cards. The CBI is awaiting a formal nod from the Registrar-General of the Supreme Court, which is a legal requirement, to launch a probe into his mysterious assets.
CBI sources have confirmed the receipt of a complaint against Balakrishnan by a Delhi-based journalist.
The journalist, in his complaint filed before the Vice-President’s office, alleged that the former CJI had amassed wealth disproportionate to his known sources of income.
The Vice- President’s office forwarded the complaint to the Union Home Ministry which in turn forwarded it to the CBI.
“We have received the complaint but no investigation has been launched. It will be launched only after getting an official nod. The Supreme Court Registrar-General is the competent authority to give sanction for the probe,” said sources in the Kerala unit of the CBI.
But, it is reliably learnt that a quick verification of assets of Justice Balakrishnan’s daughter K B Sony and her husband P V Sreenijin indicated that everything was not hunky-dory. Sreenijin, a KPCC member, has allegedly amassed wealth to the tune of several crores in the past four years.
Sreenijin, who had declared only assets worth Rs 25,000 in the affidavit filed in the 2006 Assembly polls (he was the Congress candidate from Njarackal,) now owns several prime properties, including a riverside plot of 2.5 acres at Annamanada in Thrissur.
He and his wife Sony have also acquired a flat in the city, a plum office space near the High Court and 25 cents of land at Elamakkara (in the suburbs of Kochi) where the construction of a bungalow is in progress. Both Sreenijin and Sony are practising advocates and don’t have any other known sources of income.
The state unit of the DYFI has also called for a detailed inquiry into the allegations and demanded the resignation of Justice Balakrishnan as NHRC chief.
The fresh controversy will land Justice Balakrishnan in a precarious position as he has already been under a cloud following Supreme Court Judge H L Gokhale’s revelation regarding former Telecom Minister A Raja’s bid to influence a Chennai High Court judge.
2G scam: How Raja allegedly robbed India
The latest revelations on the 2G scam suggest a careful confluence between the Telecom Ministry, when it was headed by A Raja, and a series of big business houses.
"85 of the 122 licenses were issued to companies which suppressed facts, disclosed incomplete information and submitted fictitious documents to DoT and thus used fraudulent means of getting licenses and thereby access to spectrum" -this is one of the more biting conclusions of the report prepared by the government's auditor, the Comptroller and Auditor General (CAG). (Read: Report Highlights) | (Watch: CAG explains 2G report) | ( Read: Full text of report)
The report - which was leaked to the media last week and forced Raja's resignation - was tabled in Parliament today. It is unflinching in its indictment of Raja, blaming him for violating guidelines, indulging in favouritism and costing the government Rs. 1.76 lakh crores by giving away 2G spectrumn in 2008 at bargain basement prices to inexperienced new players. (Read: What is the 2G spectrum scam?) | (Who is A Raja?)
The CAG report says Raja ignored the suggestions of the Law Ministry, the Finance Ministry, and even the Prime Minister. "The PM had stressed on the need for a fair and transparent allocation of spectrum..... Brushing aside the advice, the Department of Telecom (DoT) in 2008 proceeded to issue licenses for 2G spectrum at 2001 prices, flouting all rules and procedures." (Report Highlights) | (Read: CAG must ensure fair reports, says PM | Full text)
Read more at: http://www.ndtv.com/article/india/2g-scam-how-raja-allegedly-robbed-india-66769?cp
"85 of the 122 licenses were issued to companies which suppressed facts, disclosed incomplete information and submitted fictitious documents to DoT and thus used fraudulent means of getting licenses and thereby access to spectrum" -this is one of the more biting conclusions of the report prepared by the government's auditor, the Comptroller and Auditor General (CAG). (Read: Report Highlights) | (Watch: CAG explains 2G report) | ( Read: Full text of report)
The report - which was leaked to the media last week and forced Raja's resignation - was tabled in Parliament today. It is unflinching in its indictment of Raja, blaming him for violating guidelines, indulging in favouritism and costing the government Rs. 1.76 lakh crores by giving away 2G spectrumn in 2008 at bargain basement prices to inexperienced new players. (Read: What is the 2G spectrum scam?) | (Who is A Raja?)
The CAG report says Raja ignored the suggestions of the Law Ministry, the Finance Ministry, and even the Prime Minister. "The PM had stressed on the need for a fair and transparent allocation of spectrum..... Brushing aside the advice, the Department of Telecom (DoT) in 2008 proceeded to issue licenses for 2G spectrum at 2001 prices, flouting all rules and procedures." (Report Highlights) | (Read: CAG must ensure fair reports, says PM | Full text)
Read more at: http://www.ndtv.com/article/india/2g-scam-how-raja-allegedly-robbed-india-66769?cp
Companies that benefited from Raja's twisted rules include Reliance Telecom (owned by Anil Ambani), which was allocated spectrum ahead of the others. The Department of Telecom, the report says, "did not follow its own practise of first-come first-served in letter and spirit."
The report also states that Swan Telecom was given undue advantage, and that it served effectively as a front for Reliance. The charges in the CAG report are that Swan should not have been considered for a license because Reliance Communications held 10.71% stake in Swan - and according to the rules, a telecom operator cannot own more than 10% stake in another telecom company operating in the same service area . Reliance Telcom issued a statement this evening that declares it did not have any shareholding in Swan when the license was granted (the CAG report's allegation is that Reliance owned stake when Swan applied for the license).
Swan's application should have been rejected initially by DoT, says the report.
The CAG report says that nine companies got more spectrum than stated in their contracts. They include Bharti, Vodafone, Idea, BSNL, Reliance, and Aircel.
CAG indicts Unitech Wireless
Another big beneficiary of the 2G spectrum allocation was Unitech Wireless, which had no experience in the telecommunication sector.
After Unitech got the license for a throwaway price of Rs. 1,661 crore, it sold 60 per cent stake to Telenor Asia for a whopping Rs.6,200 crore.
In its report, CAG indicts Unitech saying the high value paid by Telenor was for the 2G spectrum, and not for other inputs as claimed by Unitech. It also says that such huge equity infusion, which should have accrued to the public exchequer, went as a favour to the new licensees for enriching their business.
Speaking to NDTV, the telecom giant Telenor said that its investment in Unitech Wireless conformed to all regulations. (Watch)
The political crisis continues
The stand-off between the government and the Opposition over 2G scam continues. The Opposition wants a Joint Parliamentary Committee (JPC) to investigate the 2G scam. The government has said there is no question of agreeing to this. (2G scam: Opposition chants 'we want JPC'; No, says Government)
Parliament has not functioned at all this winter session - the Opposition says it won't let the House get to work till a JPC is announced. (Watch: Let the law take its course, says A Raja)
There were loud and angry scenes in Parliament once again today - the Lok Sabha has been adjourned till Thursday, since tomorrow is a national holiday for Eid.
A lunch meeting with Opposition leaders called by Finance Minister Pranab Mukherjee to try and end the deadlock, has ended without a breakthrough. Mukherjee, who also met senior BJP leader LK Advani at the latter's Parliament office earlier, emerged from the lunch meeting to say, "We are for discussion. No solution has been found yet. They want a JPC." (Read: No breakthrough at Pranab's lunch meet)
Read more at: http://www.ndtv.com/article/india/2g-scam-how-raja-allegedly-robbed-india-66769?cp
The report also states that Swan Telecom was given undue advantage, and that it served effectively as a front for Reliance. The charges in the CAG report are that Swan should not have been considered for a license because Reliance Communications held 10.71% stake in Swan - and according to the rules, a telecom operator cannot own more than 10% stake in another telecom company operating in the same service area . Reliance Telcom issued a statement this evening that declares it did not have any shareholding in Swan when the license was granted (the CAG report's allegation is that Reliance owned stake when Swan applied for the license).
Swan's application should have been rejected initially by DoT, says the report.
The CAG report says that nine companies got more spectrum than stated in their contracts. They include Bharti, Vodafone, Idea, BSNL, Reliance, and Aircel.
CAG indicts Unitech Wireless
Another big beneficiary of the 2G spectrum allocation was Unitech Wireless, which had no experience in the telecommunication sector.
After Unitech got the license for a throwaway price of Rs. 1,661 crore, it sold 60 per cent stake to Telenor Asia for a whopping Rs.6,200 crore.
In its report, CAG indicts Unitech saying the high value paid by Telenor was for the 2G spectrum, and not for other inputs as claimed by Unitech. It also says that such huge equity infusion, which should have accrued to the public exchequer, went as a favour to the new licensees for enriching their business.
Speaking to NDTV, the telecom giant Telenor said that its investment in Unitech Wireless conformed to all regulations. (Watch)
The political crisis continues
The stand-off between the government and the Opposition over 2G scam continues. The Opposition wants a Joint Parliamentary Committee (JPC) to investigate the 2G scam. The government has said there is no question of agreeing to this. (2G scam: Opposition chants 'we want JPC'; No, says Government)
Parliament has not functioned at all this winter session - the Opposition says it won't let the House get to work till a JPC is announced. (Watch: Let the law take its course, says A Raja)
There were loud and angry scenes in Parliament once again today - the Lok Sabha has been adjourned till Thursday, since tomorrow is a national holiday for Eid.
A lunch meeting with Opposition leaders called by Finance Minister Pranab Mukherjee to try and end the deadlock, has ended without a breakthrough. Mukherjee, who also met senior BJP leader LK Advani at the latter's Parliament office earlier, emerged from the lunch meeting to say, "We are for discussion. No solution has been found yet. They want a JPC." (Read: No breakthrough at Pranab's lunch meet)
Read more at: http://www.ndtv.com/article/india/2g-scam-how-raja-allegedly-robbed-india-66769?cp
Five-star jails of India
In a raid on Meerut Jail led by the DIG of Agra Jail to recover and seize cell phones and other unauthorised and prohibited items, there was a fight between the jail police and inmates of the high-security prison. It left six police officials and four inmates injured.
The raiding DIG said, "It could not have happened without the connivance of jail officials. We had special instructions from the home department as Meerut Jail is known for its lawlessness. But we were shocked when a thou-sand-strong mob attacked us with sticks and stones. We were trapped and could only escape after we charged towards the gate."
The prisoners snatched away all the mobile phones and contra-band recovered during the check that was ordered at the instance of the State Government. The DIG has accused the superintendent of Meerut Jail of "inciting the jail inmates to attack us so that we could not find prohibited articles in the jail".
On the other hand, the jail superintendent has accused the DIG of demanding illegal gratification. Some staff has been suspended. The other form of corruption reported from the Meerut Jail included unauthorised sale of items at exorbitant prices. Cigarettes were being sold for Rs 20 per stick. It cost Rs 500 for a meal of choice. A local call could be made for Rs 20, an STD call cost Rs 100. The Meerut Jail, built to house 700 inmates, now has 1,850 prisoners.
A former Uttar Pradesh Minister, serving his sentence in Lucknow Jail for the murder of his mistress Madhumita Shukla, freely hosted a wedding anniversary bash for a co-accused in the murder case inside the jail premises. A sitting Minister when asked replied, "No one is born a criminal and the Samajwadi Party believes in transformation of criminals. You can't stop anyone from celebrating an occasion concerning him, his family or near and dear ones - within the premises of the jail. As per my knowledge, there was no violation of the jail manual."
In 2004, three accused involved in the assassination of Punjab Chief Minister Beant Singh escaped scandalously from the Burail Jail in Chandigarh. Inspection of the jail showed that the high profile prisoners were not only leading a luxurious life, but they had also enclosed their cells in a way that their activities inside could not be kept under vigil. Once the cell was turned into a virtual fortress, the prisoners dug a tunnel to escape.
The escape of terrorists involved in one of the most high-profile assassinations could not have materialised simply through a nexus between corrupt jail staffers and the prisoners. Vast sums of money as well as a pattern of internal and external intimidation was necessary to create the conditions for the eventual breakout and a significant network of support was essential to make sure that the fugitives could evade the police system once they were out.
The escape of Phoolan Devi's killers from high security Tihar Jail and other similar escapes of prisoners highlight the ineptitude and complicity of jail staff. Tihar Jail is actually a complex of seven prisons, having a capacity of 4,000 prisoners. But actually there are more than 12,000 prisoners lodged there. Regrettably, there is no fixed rule as to how many prisoners can be lodged in a particular jail.
The following is the existing jail system. There are two categories of jails - district jails normally built for 400 prisoners each and central jails for 750 each. The jail staff members are not from the police and have their own distinct hierarchy. There are different categories of under-trial prisoners depending upon their education and social status. Courts have directed jails to do away with the colonial, vintage classification of under-trial prisoners into Class I, II and III, based on their socio-economic status, but Government continues to stick to the old practice.
Selected prisoners are used for the internal management of jails - to make up for manpower shortage - as well as administrative work. The convict- supervisors become a link between the prisoners and jail officials. They are given an incentive for their work. Any wrong placement or selection can lead to the escape of prisoners or other crimes going unchecked inside the jails.
The Indira Gandhi Government had set up a high-powered panel in 1980 to propose prison reforms. The apparent cause was Mrs Gandhi's first-hand experience of the conditions in Tihar where she was lodged in 1978. Mrs Gandhi appointed the Justice AN Mulla Committee to review the national jail system even though jail is a State Government subject.
The Mulla Committee, 1983, recommended that the Constitution be amended to shift the subject of prisons from the State List to the Concurrent List. That never happened. The Centre at present has no say in the matter of jails except when they are in Union Territories where, again, jails are far from being models. The result is that jails continue to be governed by an outdated law enacted by the British in 1894. The position is that the jail conditions vary greatly from one State to another or even from prison to prison. There is no national policy on prisons.
A sensible recommendation of the Mulla Committee was to classify prisons into special security, maximum, medium and minimum security prisons. Such a classification can serve as a safeguard against jailbreaks and jail riots.
Much before sting operations became a norm with the media, a hard-hitting report had shown that in the Tihar Jail, officials mixed with notorious inmates like Charles Sobraj who ran an extensive drug and liquor racket with impunity. This led to a secret visit of the then Home Minister Giani Zail Singh to Tihar Jail. He was stunned to see a drunken prisoner offering him a bottle of liquor. A mortified Government finally suspended two jail officials.
Criminalisation of politics has produced a strange phenomenon. Criminals have contested elections from behind the bars and some of them have won. Given such topsy-turvy world of politics, prison officials are often either unmindful of the crimes being committed regularly inside the prisons, or sometimes they are the ones to provide prisoners with mobile phones, drugs and food. These jail staffers also organise kavi sammelans and mushairas and help prisoners run extortion rackets and criminal gangs from inside the jails. A prison for some prisoners has become a home away from home.
The next issue is that of under-trials. According to the statistics compiled by the Custodial Justice Cell of the National Human Rights Commission, 225,817 of 304,893 or 74.06 per cent of the total prison population in the country comprises those awaiting trial. The total jail capacity in India is 232,412 prisoners, which makes the total prison population 31 per cent higher than capacity, clearly emphasising the urgent need for a speedier justice mechanism.
Only when politicians go to jail do they talk about reforming the jail system. They forget the issue the moment they are out. We must be clear as to what kind of confinement or jail system we want. The time to make a beginning is now before things get worse. There must be a Central law to be followed as a model by all States.
No restrictions at Arthur Road jail, gangsters take leave at will
Pune: A highly confidential inquiry report by the Maharashtra prison department has revealed that several key undertrials, including Mohammad Dossa, underworld don-turned-politician Arun Gawli and DK Rao (the right-hand man of fugitive gangster Chhota Rajan), among others, freely availed of "leave" out of the Arthur Road jail in Mumbai over the last three years.
The jail authorities neither reported the leave granted to these high-profile undertrials to senior prison authorities, nor did they raise objections to the leave applications in court.
A senior prison officer told DNA that the inquiry report has been sent to the state home department for action as it has exposed corrupt practices at the jail.
Ironically, officials of the state prison department have none other than 26/11 accused Mohammed Ajmal Amir aka Kasab to thank for the revelation of this nexus between the prison authorities and the undertrials.
Sources told DNA that when the undertrials, including Rao and Gawli, were shifted to Taloja in Navi Mumbai, they started demanding similar treatment at the new jail premises. They were shifted to Taloja so that maximum protection could be provided to Kasab, who was to be lodged at the Arthur Road jail.
"The undertrials continued to demand leave at Taloja as they had at Arthur Road," said an official, adding that the authorities at Taloja then reported the matter to senior prison authorities in Pune and Mumbai.
Former superintendent of Arthur Road jail Swati Sathe, who is currently posted in Nashik, said she was unaware of any inquiry.
It was during Sathe's tenure that the "influential undertrials" availed of leave.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The authorities did not deny leave to around 45 gangsters, most of whom are booked under the stringent Maharashtra Control of Organised Crime Act, 1999. One undertrial gangster was found to have "gone on leave" on 35 occasions, the report said.
The Maharashtra Prisons Manual has no provision to grant leave to undertrials, as is allowed in the case of convicts lodged in jails. It is customary for an undertrial to obtain permission from a court in order to avail leave.
The inquiry revealed that none of the 45 undertrials sent their applications via the jail officials. They were directly sent to court.
Significantly, the authorities at Arthur Road jail failed to appeal against this.
The jail authorities also failed to report the leave taken by the under-trials to the state government, which generally alerts the police machinery to keep a close watch on the activities of the suspects.
State prisons chief, inspector-general of police Uddhav Kamble confirmed to DNA the commissioning of the inquiry, but refused to elaborate. A senior official of the prison department confirmed the developments as well.
Another senior jail official explained that leave is only granted to an under-trial by the court for emergency situations, like the demise or serious health condition of the next-of-kin, besides attending the marriage of his/her children.
Leave can also be availed for emergency medical treatment at the private hospitals, but only under the supervision of the jail authorities. However the under-trials went on leave to attend marriages and death of distant relatives, other minor health issues of family members and even their companions.
Kamble sought a detailed record from the deputy inspector general of police (prisons), Mumbai, of all the leave awarded by the courts. The DIG, Mumbai conducted an inquiry and found the involvement of Arthur Road Jail officials. Another inquiry was commissioned to verify the findings of the DIG's report.
In Pune, 22 inmates have been missing from the Yerawada Central Prison after they were granted parole or furlough in the past 30 years.
Mumbai-based gangster Vijay Thopte who was accused in the murder of union leader Datta Samant and Arun Gawli gang member Eknath Arjun Mohite of Bhosari are among those missing from the Yerawada jail. While Thopte has been missing after he was granted parole a year ago, Mohite, who has several cases registered against him with the Pune city and rural police units, has been missing for more than a year now.
Might Not Have Recommended Parole For Manu: Pilot
Disapproving the grant of parole to Jessica Lall murder convict Manu Sharma, who also happens to be the son of an influential Haryana Congress leader, Congress leader Sachin Pilot has said that he might not have recommended parole to the lifer had he been the chief minister of Delhi.
"I personally believe that perhaps more diligence should have been made before issuing these orders. The fact that he has already gone back (to jail) does not make a difference now," Pilot said while participating in a TV programme.
Asked whether it was a mistake for the Delhi government to have recommended parole for Sharma, Pilot said, "Well I am not Delhi chief minister. From whatever I know of the case, if I was the chief minister I would probably not have given the parole".
Sharma was granted parole after chief minister Sheila Dikshit recommended it. Sharma, who had applied for the parole on the ground of performing religious rites for his grandmother (who died in 2008), attending to his ailing -- later modified to 'ageing' -- mother, and business matters, in Chandigarh.
Significantly, the Delhi Police has gone on record to say that it had opposed the grant of parole. It has been reported that the Delhi government has so far received 132 parole applications this year out of which as many as 88 are still pending, 33 were rejected and 11 applicants were granted parole.
Dikshit had so far been under fire for justifying her decision, saying that it was within the "legal purview" only from the opposition BJP and legal luminaries, who had so far been protesting that it was a blatant case of partisanship. Not only was Manu Sharma granted parole on flimsy grounds, and his parole extended by another month on the recommendation by Dikshit, he clearly violated the parole conditions as well.
Opposition BJP points out that Manu Sharma's father Venod Sharma, who is an influential Congress leader in Haryana, played a major role in ensuring that the Congress government in Haryana could be sworn. He is believed to have been instrumental in getting the support of not only the seven independents but also the defectors from Haryana Janhit Congress which now only has Kuldeep Bishnoi left because as many as five of his MLAs joined Congress on Monday.
Sachin Pilot is the first Congress leader who has gone on record to even mildly express disagreement over the issue.
Nobody would have known
What is even more significant is that the news of Jessica Lal murder convict -- who is serving a life sentence for having shot dead the Delhi model on April 29, 1999 at the Tamarind Court Bar -- being out on parole came to public notice only because he was yet again involved in a brawl in a nightclub.
Observers point out that the brawl on the night of November 6 at F bar in New Delhi's Ashoka hotel that Manu Sharma and Sahil Dhingra got involved with Pranay Dadwal and his female friend may even have gone unreported or been hushed up had Delhi police commissioner's own son not been involved in the case.
The argument turned ugly and Pranay Dadwal informed his father, who happens to be none other than Delhi Police Commissioner Y.S. Dadwal.
It was because of this that a jeepload of cops landed up at the bar.
By then Manu Sharma and his friends had left F bar and moved to the exclusive LAP bar in the adjacent Samrat hotel, which is owned by Mumbai film actor and model Arjun Rampal.
By the time the police reached LAP, Manu had escaped. The police picked up Dhingra, and it was only on going through the CCTV video coverage that it could be confirmed that the person accompanying Dhingra was none other than the high profile Manu Sharma who, most people assumed, should have been in jail.
It was only then that it came to light that he had not only been granted parole, it had even been extended, while he had been out there partying at various nightclubs and bars, not only in Chandigarh, where he was supposed to be for the period of his parole, but also in Delhi.
Observers also point out how thee is nothing new in the subversion of justice in Manu Sharma's case, as the powers that be had almost ensured his acquittal in the Jessica Lal murder case, which got re-opened because of an unprecedented media and public campaign.
"I personally believe that perhaps more diligence should have been made before issuing these orders. The fact that he has already gone back (to jail) does not make a difference now," Pilot said while participating in a TV programme.
Asked whether it was a mistake for the Delhi government to have recommended parole for Sharma, Pilot said, "Well I am not Delhi chief minister. From whatever I know of the case, if I was the chief minister I would probably not have given the parole".
Sharma was granted parole after chief minister Sheila Dikshit recommended it. Sharma, who had applied for the parole on the ground of performing religious rites for his grandmother (who died in 2008), attending to his ailing -- later modified to 'ageing' -- mother, and business matters, in Chandigarh.
Significantly, the Delhi Police has gone on record to say that it had opposed the grant of parole. It has been reported that the Delhi government has so far received 132 parole applications this year out of which as many as 88 are still pending, 33 were rejected and 11 applicants were granted parole.
Dikshit had so far been under fire for justifying her decision, saying that it was within the "legal purview" only from the opposition BJP and legal luminaries, who had so far been protesting that it was a blatant case of partisanship. Not only was Manu Sharma granted parole on flimsy grounds, and his parole extended by another month on the recommendation by Dikshit, he clearly violated the parole conditions as well.
Opposition BJP points out that Manu Sharma's father Venod Sharma, who is an influential Congress leader in Haryana, played a major role in ensuring that the Congress government in Haryana could be sworn. He is believed to have been instrumental in getting the support of not only the seven independents but also the defectors from Haryana Janhit Congress which now only has Kuldeep Bishnoi left because as many as five of his MLAs joined Congress on Monday.
Sachin Pilot is the first Congress leader who has gone on record to even mildly express disagreement over the issue.
Nobody would have known
What is even more significant is that the news of Jessica Lal murder convict -- who is serving a life sentence for having shot dead the Delhi model on April 29, 1999 at the Tamarind Court Bar -- being out on parole came to public notice only because he was yet again involved in a brawl in a nightclub.
Observers point out that the brawl on the night of November 6 at F bar in New Delhi's Ashoka hotel that Manu Sharma and Sahil Dhingra got involved with Pranay Dadwal and his female friend may even have gone unreported or been hushed up had Delhi police commissioner's own son not been involved in the case.
The argument turned ugly and Pranay Dadwal informed his father, who happens to be none other than Delhi Police Commissioner Y.S. Dadwal.
It was because of this that a jeepload of cops landed up at the bar.
By then Manu Sharma and his friends had left F bar and moved to the exclusive LAP bar in the adjacent Samrat hotel, which is owned by Mumbai film actor and model Arjun Rampal.
By the time the police reached LAP, Manu had escaped. The police picked up Dhingra, and it was only on going through the CCTV video coverage that it could be confirmed that the person accompanying Dhingra was none other than the high profile Manu Sharma who, most people assumed, should have been in jail.
It was only then that it came to light that he had not only been granted parole, it had even been extended, while he had been out there partying at various nightclubs and bars, not only in Chandigarh, where he was supposed to be for the period of his parole, but also in Delhi.
Observers also point out how thee is nothing new in the subversion of justice in Manu Sharma's case, as the powers that be had almost ensured his acquittal in the Jessica Lal murder case, which got re-opened because of an unprecedented media and public campaign.
Chained In Purgatory
It’s time we extirpated the horrific dehumanisation from our prisons
- R.K.Raghavan , CBI Director
Ashutosh Asthana, the key accused in a fraud involving the judiciary, died a few days ago in a Ghaziabad (UP) prison. The bazaar rumour is that he died of poisoning. Whether he took the poison himself or was tricked into doing so will be known after the inquiry ordered comes to a conclusion. Two other incidents of past weeks were equally shocking. A murder accused sentenced to life hanged himself in Coimbatore jail, and a software engineer locked up after a complaint of dowry harassment against him similarly ended his life. Finally, an Indian student detained in a US prison for sending intimidatory mail to President Bush, has complained of being roughed up by fellow prisoners. Life inside prisons is undoubtedly perilous. This may not be a new phenomenon, but the public now is more aware of what goes on inside prisons. As sensitive human beings, our conscience should lead us into doing something radical to reform our prisons, cure it of its present ills. As someone said, a nation will be judged by the manner in which it treats its prisoners. I would like to recall a national leader incarcerated during the Emergency telling me how soul-crushing detention could be. He was not surprised that many jailed along with him chose to plead for mercy and walked out at the earliest opportunity.
Prisons infuriate me for various reasons. Firstly, there are dubious arrests by the police and the even more galling convictions by courts on false cases, sometimes trumped up by the prosecution, and which end in innocent persons being sent to jail. The notion that many who should be in jails are outside, thanks to political and economic clout, is not wholly baseless. What, then, is the justification of locking up many who are guilty of minor infractions? Secondly, rampant overcrowding of prisons is a matter of disquiet, and of concern worldwide. States in the US keep on building new prisons, although demand quickly outstrips available space. Too many prisoners means abysmal and morally repugnant conditions. Most unjustly, the number of undertrials far exceeds convicted prisoners. Many of the former end up spending time that surpasses the maximum period for which they could be convicted under the law, if found guilty at all.
The corruption that afflicts prison management is of Himalayan proportions. This is first reflected in the quality of food served to inmates, and attributed to malpractices in the award of contracts to suppliers of grocery. When food is inedible, prisoners revolt. Some bribe guards into getting something better from outside. Smuggling in of drugs into prisons is not unusual. Detainees use cell phones freely. All these are for a price, and the rates vary from prison to prison. But these are lesser evils, if one reckons the violence that is routinely perpetrated—both by prison staff and fellow prisoners—on a few hapless prisoners who stand out from the rest for some reason, be it the nature of their crime or their efforts at good behaviour. Abusive prison guards just do not enjoy their work and are clearly frustrated at the stultifying work environment. Some thought has been devoted towards improving their conditions of service. Whatever has been done till now has not exactly improved their morale.
Of course, there are some remarkable individuals in the system who are trying to make a difference and have actually succeeded. The legendary Kiran Bedi made a world of difference to Tihar, one of the most notorious prisons in the world. A commendable focus on literacy and health issues altered the scene. Union home minister P. Chidambaram had a few good words to say about Tihar during his recent visit there.
I had the good fortune to go round the Sabarmati Jail in Ahmedabad recently. This is a historic jail, built in 1895, where the Mahatma, Lokamanya Tilak and Sardar Patel had all been detained. It is a clean place, although it is also overcrowded (nearly 4,000 inmates in a place meant for half that number). A young IPS officer, Chandrasekhar (an agriculture graduate from Coimbatore), and his equally enthusiastic IGP Keshav Kumar deserve every bit of praise we can shower them with for their devotion and care. Their latest innovation is in the area of telemedicine, with the support of the local Apollo Hospital. It has been a boon for prisoners needing expert medical opinion. Online examination of medical records and consultation with specialists for prisoners have the potential for saving many lives. How many in our political firmament understand that a prisoner’s life is as precious as theirs? As long as it is possible for the criminal justice system to make flagrant mistakes and lock up innocent people, we need to look after our prisoners with the utmost benevolence. Nothing else can act as testimonials of our urbanity and humanity, the two qualities that are in danger of becoming extinct.
My experience in Police custody & Jail | ||
| My Story Complaint to CBI - Misuse of MCOCA Appreciation letters and Messages | Police Custody I was arrested on 5th July 2006 in the early morning at 3am from my residence along with 5 more innocent person (My partner & 4 tenants from my slum plot) under dreadedMCOC Act. The crime branch officers came to my residence after mid night at around2.30am and took me to Bandra crime branch office. They interrogate me and asked nothing regarding my underworld connection for next 5 hours. They were only interrogating me and my partner as to how I had purchased a plot at Mulgaon Dongri, Andheri East, Mumbai for so high rate, how many tenants have signed the agreement etc etc. At around 8.30am they told us to sign one paper stating that we all are arrested under the draconian law MCOC Act. The police officers then took us for medical examination at Bhaba hospital in Bandra and thereafter they took us to the crime branch unit no 8 office and Andheri East to do Panchnama of all our articles. The police officers after doing some more interrogation took us around 3pm to the special MCOCA court and judge Mr Abhay Thipsay who as per law remanded us to police custody for 9 days. It’s really surprising that our plot/office and home all fall under the jurisdiction of crime branch unit no 10, but none of the officers from unit no 10 knew whom they are going to arrest till 12 midnight (3 hours before our arrest). We were then taken to Andheri lock up at around 8pm. It had a small 15 X 10 ft roomwere we all were put in. It had no fan, light and only the passage had tube light. It had no pillow, bed sheet and we had to sleep on the floor. Imagine leading a 5 star life through out my life and see the irony. Next morning the police officers from crime branch unit no 10 started our interrogation. After interrogating us for 2 days they found out we all were not at all guilty and it was a false case, but law is such you have to be in the police custody for 1 month minimum in MCOC Act. The crime branch officers were also surprised as none of us had any single criminal case against us/ no phone tapping was done in spite of the complainant receiving threatening calls from April 2006 to July 2006/ no call was made by any of us from any of our mobile or landline numbers and also no money laundering or any links with underworld was found. Here I came to know that some officers from crime branch unit no 8 (Senior Inspector Vinayak Sawade & others) and the Investigating Officer (Assistant Commissioner of Police Pramod Rane now retired and is working in Reliance Energy) had taken around 25 lakhs of rupees from our rival Santosh Builder (who claimed to me when I went to meet him in May 2006 at his office that he is the front man of many politicians in Maharashtra) and put us in jail to grab my land. This shows MCOC Act which gives police power to arrest anyone from underworld, terrorists, murderers, cheaters and person having 2 serious cases against them in last 10 years is being misused by some police person for their personal benefit. My case was a simple civil dispute case for which we had filed 2 civil suits against the complainant (one Brijlal Tiwari). Mr Rane also took around 7 lakhs rupees from all of us so that we are not physically tortured in the police custody from a middlemen who happens to be relative of one of the accused. This can be proved if his Narco test is done on him or us. I was given instruction from my friend not to sign any confession papers without reading it properly while in police custody. This came in help for me as on the last day of my custody the junior police officers under the instruction of Mr Rane tried to take signature on a paper stating we had 3 kattas (desi revolvers) and some bullets.Since I was good in English I read and told my all colleagues not to sign on the blank paper. We were put under lot of pressure but when we told them that today we will complaint to the judge about it they all got afraid. The police when they find that they are in mistake and have arrested a wrong person in a false case can do any thing to save their job and make the case right. The police also tried to put pressure on my younger brother to give false statement against me or else he will also be put in MCOCA case. He was very strong hearted and after taking advice from his friend, he told the intelligence officer that he will commit suicide in front of his office after writing a confession letter to his advocate. The officer was so scared that he left my brother unhurt and also did not have any guts to take his statement. As Mr Rane had taken money from us he did not physically tortured us, but he must havetortured mentally more than 30 relatives/friends of ours to give false statement against us as he was seeing his case was very weak and he will land in trouble afterwards. During our police custody Sub Inspector Ninan Sawant was terrorizing builders in front of us by telling them on mobile that see we have caught big builder in MCOCA and now we will also arrest you if you do not give us money. The SRA plot owner were forced to give money to Ninan Sawant. Because of some court order it was good that all prisoner are taken to hospital to domedical check up every 48 hours. The food in Andheri lock up was good as it was privatized and taken over by a good South Indian restaurant. When I was released on 7th Sept 2006 the court had ordered that I have to report to the Investigating Officer once every week. Now this man Mr Rane started putting pressure on me stating that officers from EOW (economic offence wing of mumbai police) wanted to interrogate me and was demanding more money from me. But I had an friend who was a senior upright officer in EOW and he helped me. He gave me his mobile number and told me that none of his officers are coming to interrogate me and that I can tell this to Mr Rane. This retired officer Rane got so afraid that he stopped calling me to his office. The police has power to arrest anyone and no court of law have ever punished any policeman in India (except for few high profile cases). The recent example of the false case against a innocent lady named Swati Kachalia of Mumbai who was acquitted in March 2010 after fighting the legal battle with police for 8 years. But the court should pass strictures against the police so that they don't have courage to file false cases and get away with it. As a common man has to suffer for 3 to 5 years in court, spend money on lawyers where as the police get the lawyers free of charges. You should see the movie Andhaa Kanoon (role of Amitabh Bachchan) to know how the law is blind in India. Arthur Road Jail, Mumbai If you want to see hell on earth you should visit Arthur road jail. One barrack in the jail is meant for 70-80 persons but there are more than 300 people crammed in all the barracks at any given time. It’s the dirtiest place in the world. When you enter arthur road jail first they make you take all your clothes to find out, whether you are carrying any drugs/knife/playing cards or some object able things not allowed in jail. You are given back your clothes and then you are made to sit on the road in pairs of two at least for one hour, till the entry procedure of all the incoming prisoners or under trials (may be 30 to 40) are over – these people come from different police stations and from different courts of Mumbai. When I was sent to jail custody I was given AFTER barrack (its meant for person who is given 1 or 2 days jail custody for petty cases). After staying in AFTER barrack for 2 days I was transferred to barrack number 8/2 where mostly drug addicts, rag pickers, beggars, drug lords, rapist are lodged. The prisoner who live in the barracks need high endurance levels to put up with the excesses within the prison, including cold gang-wars, extortion, lack of sanitation, unpalatable food and acute lack of space. Arthur Road jail which lodges only under trials, has an official capacity of 820, but more than 3,000 are cramped for space in the jail. Here if you are known to warden or give him bribe then you are given most comfortable position (which is there in all 4 corners of a barrack). You will get bed sheets, good food, allowed to play cards, have tea, good food etc etc. At night, we have to think twice before going to the toilets. Once we get up, it is almost impossible to get back to your place to sleep. Sanitation is pathetic. The toilets are cleaned only once a day and stink. One can hardly get good sleep. Skin disease is common as inmates hailing from various backgrounds are lodged in the same barrack and those who have skin diseases spread them to others. Bedbugs (known as khatmal in hindi language) are very commonly seen. Just two doctors man the 25-bed single-storied barrack- turned into a hospital. Even if we have 10 different ailments, we are given the same medicine. This has become a joke amongst all prisoners. Barrack is a long hall. Its width would be like the following: If three 5.7- inch persons lay on the floor length wise there would have four inches gap between one person’s foot and other person’s head. If you move your hand up - your hand will touch on the foot of some one and they would shout at you. If you move your foot down then it will touch on some ones feet, then they will shout at you. Lights in the hall is never turned off. Person next you and you would move your hand, or turn in your sleep. That means, you lose your sleep. Some people have violent moves in their sleep. But if you make any comment, you will be shouted at. The day starts with counting of prisoners at 6am when the door opens and jail police start counting the numbers of prisoners and again in the evening at 6pm when the door closes. Then we are given tea at 7am. The condition of the toilets is worst it’s all dirty with no door latch. Then we either take bath in our barrack on 1st floor or go down in open to take bath. Then you can take walk in your own barrack or bribe the policeman (not connected to Mumbai police as they are special jail police having powers inside the jail boundaries only) and can visit other barracks freely. There is a canteen outside where you get 500 rupees monthly coupons and can buy milk, biscuits, cigarettes, butter, bread etc. Then the lunch is served at 11 am. It consists of watery dal, bland vegetable, some sweets, rice & hard chapattis which no normal person can eat. Here we learnt that the government spends 45 rupees daily on food bill for average prisoner but half of them is eaten by the contractors/suppliers & jail authorities. If you complain you are beaten mercilessly. The food is served in a aluminum bowls. And most of these bowls did not have proper shape – and was never washed properly for long years. The bowl you get to use might have used by a drunken person who might not have taken bath for months. That person might not have washed it properly also. But you do not have a choice to go and get it washed. The prisoners who are influential takes butter from canteen, onions etc from jail kitchen, bribing the warden to make the food tasty by re-cooking & frying the jail food inside the barrack after door closes at 6pm. The cooking is done with burning of 1 day old chapatti's (which you get for 50 paisa per chapati in the jail) old newspapers/plastic utensils etc etc. Around 7 to 8pm you will see smoke all over the barrack and its difficult to breathe. You can't complain to the jailer as you will be beaten by the influential prisoners. A warden is a ruthless criminal serving life term for murder and has to manage 300 prisoners inside the barrack once the door closes from 6pm in the evening to 6amnext morning, even the jail police does not enter the barrack at the time given above. The warden can beat you, push you around, make you sit wherever he want you to sit, can move you around for no reason. No body is there to question him actually. Once or twice in a week there is a check up by the police officers from other jails as many prisoners manage to smuggle food/knives/mobile etc inside the prison. There is also an anda barrack where hardened criminals are kept. This barrack has on small hole from where the sunlight comes in and has a small open bathroom. Then there is a budda barrack meant for person above the age of 50 years. This barrack is clean and during my time Pramod Mahajan was there. In a week you can meet your friends or relative once across the window. Here also you have to pay bribe if you wish to talk to them for more than 10 minutes. Each month only 500 rupees coupons are allowed per person officially. But if you need more money you have to pay double the amount and can get as much money as you want. Hard drinks are also smuggled inside the jail but at 3 times more price. If you want cash or durgs there are many prisoners in jail who when they go out on their court dates get them in their rectum. Its unbelievable but true. Except for a women everything is available in arthur road jail. If you want to hire a servant you have to pay 500 rupees per month. The servants are mostly small time robbers or drug peddlers who wash your clothes, press your leg, makes tea and cooks fried food. These servants feel life is better in prison as you get 2 times food, breakfast, tea and some money which is difficult for them to get out side jail. The prisoners or the under trials as they are known have no work to do unlike prisoners shown in movies. Here you have only to kill time by playing cards or taking walk, doing exercise and wait for the next court date where you get chance to meet your friends and relatives. In one corner of the barrack is the temple and in the other corner kuran is kept. Mostly all prisoners are religious by nature. When I was in jail there was 11 daysganapti function and it was well organized by the prisoners. All 11 days aarti/devotional songs were played. Even they managed to get ganapati photo/small idol and decoration was done. On the last day all prisoners were taking a small ganesh murthi for visarjan in a small drum out side the barrack. On the last day of release the police delay your release by 3 to 4 hours and give excuse that some paper work has to be done. But if you give them 2000 rupees which they took from my relatives who were waiting outside the jail they release you in 30 minutes. All this was happening when the lady jailer Ms. Swati Sathe was so strict and non corrupt. Imagine when a corrupt jailor comes what will happens inside????? Conclusion : if you have money and are highly influential then you can enjoy jail life. =======------------========================================================= | |
OTHER LINKS OF JAIL IN INDIA & ARTHUR ROAD JAIL, BYCULLA, MUMBAI, INDIA.
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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 into 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 murdercase
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.
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 by Rajeev
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.
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Labels: CJI
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