Judgement Fixing in Indian Courts
Judgement Fixing in Indian Courts
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. 38 …………21/09/2011
“There is a higher court than the court of
justice and that is the court of conscience It supercedes all other courts. ”
- Mahatma Gandhi
edited , printed , published & owned
by NAGARAJ.M.R. @ : LIG-2
/ 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL
,MYSORE -570017 INDIA cell : 91 9341820313
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/ e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com SHAME SHAME to SUPREME COURT of INDIA Editorial : An Appeal to Honourable United Nations Human Rights High Commissioner & Honourable International Court of Justice Dear Madam / Sir , SUBJECT : HUMAN RIGHTS VIOLATIONS BY GOVERNMENT OF INDIA & SUPREME COURT OF INDIA I have individually suffered numerous human rights violations , injustices by public servants working for government of India when I raised my voice seeking justice for my fellow countrymen . for the society. These public servants are involved in crimes like aiding & abetting terrorism , underworld , manslaughter , etc. when I appealed to the supreme court of India seeking justice , they have turned their blind eye. As a result more injustices are being committed till date. Even the police are not registering the complaint against these guilty public servants. Police & Supreme Court Judges in league with CRIMINALS , ANTI NATIONALS , TERORRISTS ? In India , some Parliamentarians take money for even raising Questions in parliament , favorable laws / government rules are enacted to favor rich criminals (refer 2G & Nira Radia scam). Police for a price manipulate evidence , prematurely close case , fix innocent & mete out 3rd degree torture , murder in the name of encounter . Public prosecutor can change the way of argument , etc for a price. Even judges in India give favorable judicial orders for money , SEX , post retirement benefits , etc. please refer details at following web pages : http://sites.google.com/site/eclarionofdalit/court-judgements-fixed , http://sites.google.com/site/eclarionofdalit/3rd-degree-torture-by-indian-police , http://sites.google.com/site/eclarionofdalit/court-judgements-for-a-price I have not got justice till date , instead I have suffered physical assaults , murder attempts on me , my newspaper was illegally clamped down , my job opportunities were illegally snatched away (cutting off the source of livelihood). I have been threatened by police that I & my family members will be fixed up in criminal cases (false implication) & will be behind the bars for rest of our life. I have been refused proper medical care in government hospitals , so that I will die sooner . All these Injustices are meted out at the hands of criminal nexus of CRIMINAL – POLICE – JUDGE - BUREAUCRAT – MP / MLA . Democracy is the best form of governance. My motherland India is one of the greatest country. However Criminals have entered into halls of parliament , criminals have become judges , criminals have become police , almost total criminalization of public service has taken place. These criminals are framing laws for the masses much against the democratic aspirations of the masses. Criminal judges are relying on these laws made by criminals & sending innocents to gallows . Criminal Police are making deals with criminals & arresting , torturing innocents. Still very few HONEST people are left in public service - Parliament , Judiciary & Police , However they are keeping mum. My struggle is not against the government of India or it’s constitutional bodies rather it is against the corrupt people who are in those bodies . I do have whole hearted respects for the government of India & it’s constitutional bodies , But I despise the corrupt people over there in those institutions. Our system is good , many of the people working there are not good. It is struggle against those corrupt people , to save our democracy , to save our freedom. Hereby , I do request your honourableselves Honourable United Nations Human Rights High Commissioner and Honourable International Court Of Justice , to order the Honourable Supreme Court of India , Government of India to do it’s constitutional duties properly , to safeguard the human rights of all and to provide justice in the matter. Thanking You. Date : 15th July 2011 ……………………………..Your’s Sincerely , Place : Mysore , India………………………………Nagaraj . M . R . 9/11 , 26/11 - SIGN TO LEGALLY PROSECUTE SPONSORERS OF TERRORISM Visit , read the petition & support by signing the petition demanding LEGAL PROSECUTION OF SPONSORERS OF TERRORISM http://www.thepetitionsite.com/1/911-2611---prosecute-the-sponsorers-... , http://www.petitionspot.com/petitions/sponsor , Visit , read the petition & support by signing the petition demanding ACCOUNTABILITY OF INDIAN JUDGES & POLICE. http://www.thepetitionsite.com/4/accountability-of-indian-judges#sign... , http://www.petitionspot.com/petitions/judge ,
READ
FULL ARTICLE ALONG WITH ISSUES AT WEBLINKS , YOU WILL KNOW HOW
JUDGEMENT , COURT DECISIONS ARE FIXED BY CRIMINAL NEXUS FROM CASE
REGISTERING STAGE TO JUDGEMENT STAGE IN INDIA.
More Corrupt the Police are, More unsafe are our
People
- By K B GANAPATHY
It is sickening. It is nauseating. It is
vulgar. It is dirty. It is a sin and above all, it is a crime beyond any
ameliorating circumstances. The punishment for this crime should be a real
deterrent and must not take more than a month to award. I am talking about the
crime committed by the Kolar SP, K. P. Puttaswamy, IPS, who was caught red -
handed while taking a bribe of Rs.10, 000 from a civil Police Constable P.P.
Prakash by the Bangalore Lokayukta Police on November 27.
When the crime was committed in Kolar,
how is it that the Bangalore
Lokayukta took action? This is not a million dollar question. This is a million
dollar shame on the honesty and integrity of our Police force itself
(honourable exceptions are honourably exempted here).
I understand the reason is that the
Lokayukta Police officers in Kolar are too compassionate and considerate in
nabbing criminals and corrupt persons in their own turf (department). Earlier,
three attempts were made to catch this cornucopia of a corrupt person called
Puttaswamy, but he was alerted in time. Thus the local Lokayukta failed in its
mission.
Kolar SP Puttaswamy
Constable Prakash, the victim of
Puttaswamy’s greed, avarice and craving for money knew this very well. It was
for this reason, he had to approach the Bangalore
Lokayukta (Phone: 9845000022). Naturally this time, the Lokayukta operation was
a complete success.
Complainant Mr. P. P. Prakash
Think of the depth of demand from
Puttaswamy and you will know how fathomless it is. I am reminded of a Tamil
film Anniyan. The Constable Prakash had already given Rs.25, 000 as bribe
(which in fact is also an offence). But the greedy SP, Puttaswamy, in order to
make a killing out of this Constable seeking permission for voluntary
retirement from service under VRS, recommended his dismissal. This made the
Constable nervous as he would lose his pension and other benefits. P. P.
Prakash, the Constable, now aged 47, hailing from South Kodagu, near Ponnampet
(Pullangada family) served in the Indian Army Signals for seven years and then
joined the Police Department in Kolar and has served for 20 years.
Of late, he was not keeping good
health and hence took “medical permission” for 13 months leave — sick leave. It
appears he was supposed to submit a Doctor’s certificate from time to time
during this period. He did not do so as it is not compulsory, and rarely
insisted upon, he says.
However, in this case the Kolar SP K.
P. Puttaswamy ordered a Departmental Enquiry (DE) against him. Realising that
this enquiry would take at least 5 to 6 months to complete and as he was in a
hurry to take VRS he decided to apologise for the inadvertent lapse. Subsequent
to the apology submitted by him to the DE Officer, the Dy. SP, the DE was
closed and the report sent to the Superintendent of Police, K.P. Puttaswamy.
See how greed for money tears away
the human face of a human being. The Superintendent of Police, Puttaswamy,
returning the file to the Enquiry Officer, the Dy. SP, asked him to re -examine
the Departmental Enquiry.
Constable Prakash says that normally
if one admits his fault, in cases such as this, no re - examination of DE is
necessary.
However, Constable Prakash thought
there was no use pursuing the path of law to get his VRS from an Officer like
K. P. Puttaswamy and decided to talk to him. And he did. It was here he agreed
to pay the demanded amount of Rs. 25,000 to this corrupt SP for two favours:
(1) To withdraw the Departmental Enquiry after a warning and pardon. (2) To
grant permission for the VRS.
After making this payment of Rs.
25,000, the Constable Prakash was happily waiting at his native place for VRS
permission. However, after two months, to his utter shock he received a notice
about his ‘Compulsory Retirement’ which tantamounted to dismissal from service.
He rushed to Kolar and met the
Superintendent of Police, K.P. Puttaswamy, on 24th November when he was told:
“Okay, I will see. (Aayitu Noduva)”
On further pleadings from the
Constable, Puttaswamy wrote on a piece of paper just, “10,000” and spoke with
his head and eyes pushing the paper towards the Constable to see the figure.
Since the Constable found the new
demand too much for him to bear, he decided to retaliate. He knew there was no
use complaining to the Kolar Lokayukta which could not trap this corrupt SP
three times earlier on others' complaints. So Constable P. P. Prakash straight
away went to Bangalore
and met Roop Kumar Datta, the ADGP, a wonderful person who is known to attend
to complaints promptly in confidence without any delay.
He knew, speed is the secret of
success not only in love and war but also in Lokayukta operations. He
immediately called another smart officer, Superintendent of Police (SP)
Madhukar Shetty and lo and behold the operation was successful.
Prakash, the Constable, says that the
Kolar SP had his moles in his office keeping an eye on the Lokayukta
complainants and officers who may be around. In case of suspicion, information
was passed on to him and the SP will not see such visitors.
Hence, this time the Bangalore Lokayukta got smart. Waiting at the
SP's door to see him was a burqaclad lady Constable and a Police Sub -
Inspector disguised as a Muslim with full makeup, wearing a beard hired from a
clothier to dramas.
One more person was also there with
bandages, dhoti and chappals who would see the SP only after his
"Doddavaru" (elder) came there. Thus there was absolutely no room for
suspicion for the Policemen on duty at the SP’s door. Since Prakash was already
known, he was allowed in.
During the course of conversation,
the Superintendent of Police K. P. Puttaswamy, alert and smart, told his
supplicant Prakash “Naale Banni” [Come tomorrow] three times. Then Prakash gave
the cover with the money inside, as pre - arranged by the Lokayukta. Puttaswamy
instinctively stretched his hand to receive it but quickly withdrew, lifted a
file, placed it on the table and asked Prakash to keep the cover below the
file. The latter obliged. However, while handling the file Puttaswamy
unknowingly touched the cover to push it properly under the file.
“I will call the GSA and get the file
and ask him to do the needful”, said the SP who did not forget to speak aloud
“Beda” (Don’t want) all the while taking care not to touch the cover or money.
But to his bad luck he had already touched the cover, though unknowingly,
rather accidentally.
Well, when Prakash came out, the
Lokayukta walked in. Rest is “breaking news” in TV channels and headlines in
newspapers.
And indeed the complainant P. P.
Prakash did teach his corrupt boss a lesson which the people of our State think
will be a lesson for the likes of K. P. Puttaswamy, IPS, in office. But no.
Earlier, another Superintendent of Police, B. Srikantappa of Chamarajanagar too
was trapped by the Lokayukta while receiving a bribe of Rs. 50,000 from a sand
transporter against whom a charge sheet was filed.The sand transporter wanted
Srikantappa to help him by filing a “B” report to the Court (“B” report is one
where Police investigate the case and then file a report to the court saying
there is no substance in the complaint or there is no prima facie case as
such). The case will then be closed.
Interestingly, the same K. P.
Puttaswamy was the Additional SP in Chamarajanagar at that time, when his boss
B. Srikantappa was caught in the snare set by the Lokayukta. Yet, K. P.
Puttaswamy, now SP at Kolar, did not learn any lesson from the past experience
of his boss. Therefore, no matter how many Police officers the Lokayukta
catches, it would be business as usual for these government officers including
those of the IAS, IFS and IPS class.
It is said habits die hard. These two
officers are from the Karnataka Administrative Service (KAS) who rose to the
rank of IPS after years of service in the lower rank. It is universally known
corruption at the lower level in the Police force happens on a daily basis and
therefore even after the elevation to the IPS, the habit must have continued,
sometimes consciously and sometimes unconsciously, as if it is a natural part
of the job. Habits indeed never die.
At another level, it is not as if
those who enter service directly from IPS are not corrupt. If only a honest and
aggressive investigation is made into the wealth amassed and properties
acquired by these officers (including the benami angle), one will find a can of
sinister worms crawling all over the place. While a Police Constable may
collect on a daily basis a few hundred rupees and on occasions a few thousands,
these IPS officers (exceptions apart) make a killing in one deal and like the
Python which after swallowing an animal lies languidly for months, these
officers strut around with an aura of honesty, till the next victim comes by.
Be that as it may, the point to
ponder is whether the government’s recruitment policy, specially in departments
like Police, Excise and Revenue, needs to be changed to ensure the kinds of B.
Srikantappa and K. P. Puttaswamy are not recruited at all or promoted. In case
they are recruited they must be dismissed from service if caught red-handed and
found guilty, rather than merely suspending them, only to be reinstated later
or let them off with minor punishment.
Just as in cases of rape or murder,
the law relating to bail in cases of corruption too needs to be changed. The
present law relating to bail for these offences seem to be very liberal and
lax. When a person is sent to Judicial Custody, he is in jail only for a few
hours. Soon he is shifted to a hospital under legal rigmarole and manipulation.
Well, why not call it 'hospital custody' instead of “Judicial custody”?
Politicians, higher officials and the
rich should be discouraged by the law courts from getting this "hospital
custody". Consider this: a politician is arrested for some misdemeanour or
offence. He is found in the pink of health at the time of his arrest. But
suddenly when he is produced before the court, he feigns illness of severe
nature like chest - pain, high blood pressure or even unbearable back ache.
Next, we see him being taken to a super - specialty hospital ward in the name
of judicial custody instead of being treated in the prison. The same has
happened in the case of K. P. Puttaswamy too.
Indian Express dated 1st December,
2009 reported: "While in Kolar jail, he (K. P. Puttaswamy) reportedly
complained of chest pain and was taken to hospital. Puttaswamy was later
shifted to Jalappa
Hospital at midnight and
admitted in the VIP ward." A mockery of law and justice. A show of
solidarity by the jail authorities and the doctors!
Considering the all - pervasive
corruption in the Police Department, I have a lingering suspicion that most of
the missing cases, murder cases, robbery cases, rape cases etc. are not
detected at all, simply for the reason of corruption. Filing false complaints
or threatening to file false complaint is another ploy employed by the Police.
As a journalist, a number of people have come to me to get the complaint
registered or if registered to get the case investigated. A couple of years
back, the body of a small time planter in Kodagu was found hanging on a tree in
the premises of the Race Club and despite the complaint, nothing happened. The
persons named as suspects by the victim’s mother (a widow) and relatives were
not even taken into custody for interrogation.
The victim’s relatives told me that
the culprits had visited the jurisdictional Police Station in the city a couple
of times. You can make your own inference.
The senior officers in the Police
Department must review periodically all the undetected cases and put pressure
on the Station House Officers to solve the cases and for this purpose
periodically guide them. However, if the top officers themselves are of the
Chamarajanagar SP B. Srikantappa’s kind or the Kolar SP K. P. Puttaswamy's
kind, God only should help the complainant. I am not aware if there is a
psychological test for the candidates who appear for public service
examinations — like the IPS, IAS, KAS — to find out the propensity of a person
for making money by means fair or foul. I may sound harsh and it may even be
illegal, but how about brain mapping under narcoanalysis test to find out the
“mind” of the candidate? This day may not be far - off, if corruption continues
unabated at this level.
Indira Gandhi was indeed right when
she acknowledged corruption as a “Universal Phenomenon”, almost justifying it.
No wonder she was also in a way responsible for the present run of corrupt
officers in all our government departments and Constitutional institutions. We
had always thought at least our Army and Judiciary are well insulated from
corruption. Newspapers rarely carried any item relating to corruption in the Army
and Judiciary. But today we have Army scams and Judicial corruption almost
daily being written in newspapers and shown on TV. Lack of trust in the
leadership in all areas of governance is worrying every citizen today. The
situation indeed is grim. If a citizen cannot trust a Police Officer, Army
General, Chief Justice of the higher court, where shall he go for his security
and justice?
Are we as a country lost in the limbo
of a democratic anarchy?
Tailpiece:
Lokayukta SP arrests Kolar SP on corruption charges. A wag asks: Is it a case of “set a thief to catch a thief?!” Is The Honourable Supreme Court Of India & National Human Rights Commission DEAF , DUMB & BLIND TO SUFFERINGS OF PEOPLE Match Fixing in Cricket , IPL , Police , Judiciary & Government in India Match Fixing in Indian Judiciary ? Questions CJI is Afraid to Answer & Crimes CJI is covering-up After 64 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer's expense , while more then 50 million are starving to death. The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers. Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy. When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own. Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities. In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities. In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ? Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India. In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation. If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves. In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public. Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law. The corruption has spread it's tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty. The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa's filing of B reports leading to closure of cases ? In the past how many suffered by srikantappa's actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ? The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it's face value & meat out injustices to the poor , innocents while aiding the rich criminals. When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences. The courts of law before accepting the records of government officials , must subject it to a "test of truth". When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco- analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent's side. In that way , impartially truth can be found out. After all , the objective of courts of law is "Quest for Truth", not just giving out judgements based on reports of corrupt officials. Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one's case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco- analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India – kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants. We at e – voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues. In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public's money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don't give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn't safe guard the rights , health , life of victims in custody. The judge doesn't check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of "local citizens vs coca cola company" in plachimada , kerala. Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company's records , by a team comprising of members from public , court , complainant & respondent ? Some of these criminal enterprises threaten to finish off the poor victims . as these company's have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims's family or survivors ? In India , do we truly have democracy & freedom ? is this corrupt India – what our freedom fighters dreamt of & fought for ? From, Nagaraj M R , Editor , SOS e – Voice For Justice & SOS e – Clarion Of Dalit , # LIG – 2 / 761 , HUDCO First Stage , Laxmikantanagar , Hebbal , Mysore – 570017 , INDIA . To , The Honourable Supreme Court Of India , New Delhi. Honourable Sir / Madam , Subject : Violation of people’s democratic rights by Election Commission Of India In India , on election days it is quite common to see voters arguing with polling staff after finding their names missing from electoral list. It has happened to many prominent personalities , fate of common voters is far worse. On a whole sale scale some times names of residents of a particular by-lane or cross goes missing. Is this due to the negligence of city corporation staff / Election Commission or is it due to the connivance of local ruling politician with corporation staff who thinks that particular residents of a house or by-lane are against him and will vote to his opponent if kept in voters list ? As per Law , Preventing a person from voting ( Ex ; Armed goons preventing Voters ) is a criminal offence . Some of these politicians & officials are so brilliant that they don’t use goons nor arms , but make the names of eligible voters to disappear from voters list . Are not officials of Election Commission of India Punishable for this criminal offense , for preventing eligible voters from casting their ballots. See the paradox , eligible voters born & brought up in India don’t get voter’s ID Card , PDS Ration Card and must face hurdles to get a Driving License , where as Pakistani Intruders , Terrorists who have sneaked into india get Voter’s ID , PDS Ration Card , DL , etc. Shame to concerned public servants. Take for instance my case , I have voted for first time in 1995 general election & voted in subsequent election. I have got Voter’s ID on 23.09.2002 by ECI , No. GGB 3633096 & voted in subsequent election. Afterwards my name went missing from voter’s list. Till date since 5 – 6 years I am prevented from voting in various elections for corporation , assembly , etc. I don’t even have a PDS Ration Card inspite of numerous applications. Numerous times I have submitted the details in prescribed format to the officials who came to our house & have personally handed over forms to corporation officials at the designated office. Till date I have not received Election ID Card nor PDS Ration Card. It is the birth right , natural democratic right of every Indian citizen to vote , to cast ballot in elections. Even the Apex court of the land does not have the authority to snatch this right from a citizen , how come ECI / Corporation officials can snatch my democratic right ? Are not ECI / Corporation officials guilty of criminal offense ? Hereby , I do request the Honourable Supreme Court Of India to Order ECI to include my name in the Electoral list of our constituency & to legally prosecute ECI officials for their failures. My Details , Name ; NAGARAJ M R Date of Birth : 22 / 07 / 1971 Present Residential Address : Nagaraj M R , Editor , SOS e – Voice For Justice & SOS e – Clarion Of Dalit , # LIG – 2 / 761 , HUDCO First Stage , Laxmikantanagar , Hebbal , Mysore – 570017 , INDIA . Southern Graduate Constituency Voter list details : Registered in 2010 & Voted in 2010 Graduate constituency election , Part No . 43 Sl No. 1525 ( Not received any ID Card ) Old Voter’s ID issued on 23.09.2002 by ECI , No. GGB 3633096 My UID Aadhaar No : 5703 5339 3479 Thanking You. Date : 29.05.2011…………………………………………….Your’s sincerely, Place : Mysore…………………………………………………Nagaraj.M.R.
please refer details at following web pages :
http://sites.google.com/site/sosevoiceforjustice/judgements-for-sale , http://sites.google.com/site/eclarionofdalit/court-judgements-fixed ,
http://sites.google.com/site/eclarionofdalit/3rd-degree-torture-by-indian-police , http://sites.google.com/site/eclarionofdalit/court-judgements-for-a-price Public prosecutor caught on the wrong side of lawIn a decision termed “rarest of rare” by a city court, a trial court judge found a public prosector on the wrong side of the law. Indicting the prosecutor for deliberately botching up examination of witnesses in a case of abduction for ransom, Additional Sessions Judge Pratap S Malik has passed strictures against the state’s counsel and sent the copy of his order to the prosecution branch for necessary action. The judge held that there was a deliberate attempt by the prosecutor to create situations favourable for the three accused, found guilty of abducting one Sanjay Khan for ransom in 2004. Khan had later committed suicide to escape further assault and the court, finding ample evidence on record, had awarded life imprisonment to the trio on Saturday. The prosecutor had refrained from putting important questions to police officials and other witnesses that could help the prosecution nail the accused in a more convincing manner, the court observed. Prosecutor caught in ACB trapPTI | 01:04 AM,Apr 08,2011 Thane, Apr 7 (PTI) An assistant Public Prosecutor attached to the Kalyan court was trapped by Thane unit of Anti Corruption Bureau while allegedly accepting bribe in the court premises this evening. ACB officials said that one Tuna Bharati, a resident of Malad, had filed case of dowry harassment against husband and in-laws of his late sister, Bhavana. Assistant Public Prosecutor, Chayya Bhadkamkar allegedly demanded Rs 20,000 and accepted the first instalment of Rs 3,500, for arguing the case effectively, ACB said. She was trapped today while taking the balance amount, it said.
DEALS IN COURTS
& POLICE STATIONS READ :
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.
SOS Appeal to SUPREME COURT of INDIA http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-...
DEALS IN COURTS & POLICE STATIONS READ : http://sites.google.com/site/eclarionofdalit/satyameva-jayate , http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html , ACCUSED Chief Justice of India http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of... , http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of...
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
Is Sikkim HC’s dignity less than that of Karnataka’s?
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 scandal
The
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 report
Hyderabad/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 favours
Chief
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 Judiciary
The 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.
|
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.
ANSWER
YOUR HONOUR
-
Questions SUPREME COURT OF INDIA JUDGES are NOT
Answering
Main A :
At the outset , we express our whole hearted respects to all constitutional institutions & to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.
At the outset , we express our whole hearted respects to all constitutional institutions & to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.
- does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting legal ?
- why transparent , fair investigation is not done in such cases ?
- just remember , the vulgar acts of Mr.Bora Babu Singh in state legislature & how some MLAs vulgarly behaved with Ms.Jayalalita in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?
- all the people’s representatives from panchayath member to president of India must read ABCD Of Democracy provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?
- is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?
- how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?
- are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?
- what legal action taken against violators , defaulters , for giving false affidavits ?
- who is checking the authenticity of those affidavits submitted by MPs , MLAs ?
- the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?
Main B :
- we do once again offer our conditional services to the government of india , all state governments & supreme court of india , in apprehending tax evaders , land grabbers , corrupt police , corrupt judges , corrupt public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready to utilize our service ? are they afraid of being caught ?
- the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?
- why no proper , timely action was not taken based on numerous police complaints made by us ?
- why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?
- the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights commission has failed to undo the injustices , why ? is it because it is not a high profile case ? is it because it is not hi-fi , does not get image ratings , TRPs ?
- the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?
- how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission to supreme court of India till date ? what action taken with respect to each complaint ?
- the delay in taking action by public servants with respect to following cases has resulted in more crimes , destruction / manipulation of evidences , records and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?
SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-...
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of...
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of...
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
HONOR OF INDIAN PALIAMENT FOR SALE
http://sites.google.com/site/eclarionofdalit/honor-of-indian-parliament-for-sale
Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani on hunger strike in anantapur district jail Andhra Pradesh
http://sites.google.com/site/eclarionofdalit/persecuted-irom-sharmila-of-puttaparthi-ap
- how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?
- what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?
- have you reviewed all the previous judicial decisions taken by such judges of doubtful integrity & honesty ?
- is it not the duty of government & supreme court of India , to protect the fundamental rights & human rights of all Indian citizens ?
- why the government & supreme court of India has failed to protect the fundamental rights & human rights of me & those mentioned in my complaint ?
- how many former CJIs , supreme court & high court judges have disproportionate wealth ?
- Your denial of information to my previous RTI requests amounts to suppression of evidence , hiding crimes , what action against erring public servants ?
- why my previous RTI requests or part there of was not transferred to appropriate authorities and information given to me in a consolidated form ?
Main C :Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan's territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like "poly graph , lie detector , brain mapping , etc" , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of "Karnataka state government judicial department house building co-operative society". Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society's – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution afterIndia gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
Q143. What are the privileges conferred on legislators & parliamentarians by the constitution ofIndia?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?
Q149. Can the Indian legislatures & parliament be equated to the House of commons in Englandwhich is considered to be a superior court and court of records ?
Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?
Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?
Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?
Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges
Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?
Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?
Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?
Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?
Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?
Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?
Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?
Q164. Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Q 172 . What action has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?
Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official Mr. Anderson to escape law , to jump bail & flee the country without court’s permission ?
Q 174 . What action has been taken against the above said guilty with respect to their contempt of court & for aiding a criminal to escape ?
Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ? what action has been taken against the CJI who became an official of the trust belonging to the criminal ?
Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?
Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?
Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?
Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t press for the extradition of the criminal Mr.Anderson , for producing the criminal accussed no.1 before the trial court ?
Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?
Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt labour / pollution control board officials HUMAN BEINGS ?
Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .
These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.
posted by DALIT online @ 8:41 AM
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