S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of
Editor: NAGARAJA.M.R… VOL.6 issue.24…… 13/06/2012
“There is a higher court
than the court of justice and that is the court of conscience It super cedes
all other courts. ”
- Mahatma Gandhi
SHAME TO CORRUPT JUDGEMENT FIXING JUDGES , MEMBERS OF PARLIAMENT ,
MEMBERS OF LEGISLATIVE ASSEMBLY & INDIAN PUBLIC SERVANTS
Hunger Deaths Malnutrition Deaths Poverty Earning Less than Rupees 32 per day
Honest Hard Working Child Laborers Earning Less Than Rupees 32 per day
Corrupt Dishonest Criminal Public Servants Earning More than Rupees 5000 per day Murderers of Justice
Ill-gotten Wealth of Corrupt Public Servants
Murderers of Justice Shame to You
Answer My Lord ???
Stage set for arrest of suspended Andhra CBI judge
The stage was Saturday set for the arrest of suspended Central Bureau of
Investigation (CBI) judge in a cash-for-bail scam which has sent shock waves
among the judiciary across the state.
receiving a nod from Andhra Pradesh High Court to register a case, the CBI may
arrest any time First Additional CBI Judge T. Pattabhirama Rao on charges of
taking bribe to grant bail to former Karnataka minister Gali Janardhana Reddy
in an illegal mining case, sources here said.
CBI sources said the investigative agency would register a first information
report before carrying out the arrests.
An Andhra Pradesh cabinet minister, two Karnataka legislators, a retired judge,
a rowdy sheeter and the suspended judge's son are also believed to have played
a role in striking the deal.
The exact deal amount remained a mystery but it is believed to be anywhere
between Rs.5 crore and Rs.15 crore.
The judge allegedly demanded Rs.15 crore but the deal was finally struck for
Rs.10 crore. He allegedly received Rs.3 crore as advance before granting bail
to Reddy May 11 in the Obulapuram Mining Company (OMC) case.
The CBI Friday recovered part of the amount from bank lockers belonging to the
The CBI, which grew suspicious of the judge's action, started investigations
after a go-ahead from high court Chief Justice Madan B. Lokur.
The investigators tapped the judge's phone and questioned him, his son and
others. The chief justice was informed of the preliminary investigations and,
based on this, he suspended the judge late Thursday.
Janardhana Reddy's family allegedly approached the judge through Yadagiri, a
rowdy sheeter of Nacharam area in Hyderabad, who then got in touch with a
retired judge. A state minister is also suspected to have helped in the deal.
Janardhana Reddy's brother and Karnataka legislator G. Somasekhara Reddy
allegedly met the middlemen in a hotel in Hyderabad to finally strike the deal.
The accused's brother allegedly handed over the money, brought from Bellary
town in Karnataka.
Despite Pattabhirama granting the bail, the mining baron remained in Bangalore
jail, where he is lodged in another illegal mining case.
On a petition by the CBI, the high court later stayed the bail.
The mining baron was arrested by the CBI from Bellary Sep 5 last year in a case
of illegal mining in Anantapur district of Andhra Pradesh.
Judge suspension: CBI
claims Rs.1.80 crore recovererd from locker
The CBI claims to have
recovered nearly Rs. 1.80 crore here from a bank locker, the keys of
which were allegedly in possession of the son of Special CBI court judge T.
Pattabhiramaa Rao, who has been suspended on charges of bribery and corruption
by the Andhra Pradesh High Court.
The agency had carried
the search based on a source based input that a deal was allegedly struck
between Rao and former Karnataka Minister G. Janardhana Reddy for granting bail
to the latter in the illegal mining case, CBI sources said today.
Before proceeding with
the search, the CBI officials took Chief Justice of Andhra Pradesh High Court
in confidence and apprised him about the input received by them, they said.
After getting a green
signal from the Chief Justice, a CBI team got the locker opened and recovered
nearly Rs. 1.80 crore from it which the agency suspects belonged to
Reddy and was allegedly given as illegal gratification, they said.
The sources claimed
that the officials found the keys of the lockers to be in possession of Judge's
The matter was again
put before the Chief Justice who ordered suspension of Rao, they said. Senior
officials of the agency said there are three options - the case is probed by
local police, CBI files a new FIR or adding the charges in the ongoing trial
They however added
that any further action could take place only after getting permission from the
Special Judge for CBI cases Pattabhirama Rao has been placed under suspension
after the High Court considered the information it received against the judge
in 'public interest', the High Court Registrar said in a release.
judge had granted bail to former Karnataka Minister Gali Janardhan Reddy in the
OMC illegal mining case last month while he had rejected bail to IAS officer Y.
Srilakshmi, another accused in the OMC scam.
The need for a Judges Accountability Bill
late there is a lot of talk regarding the necessity to have a Judges Accountability
Bill. Even when the Lokpal Bill was being debated the inclusion of judges into
this bill was strongly opposed by the government despite members of the civil
society urging the government to make such an inclusion.
Off late there have been reports galore regarding judges being offered sites or
houses under the discretionary quota of the Chief Minister. Recently there was
an expose at the Orissa High Court. Prior to this there were reports from
Karnataka and also another report which spoke about how the Narendra Modi
government had offered prime lands to judges of the High Court.
The big question is whether judges deserve such treatment from the state
government considering the fact that the government is the biggest litigant
before any court in the country? Is this an illegality or is it corruption?
Santhosh Hegde, former judge of the Supreme Court of India says it is illegal
to accept sites under the discretionary quota. Judges ought to know that while
accepting such sites they are succumbing to temptation. They have to examine
any such offer and find out properly whether it is in accordance with law or
not. It is very dangerous to accept such favours since in the days to come it
would hold against themselves.
of a judges accountability bill, well there is one but it has not come out as
yet. This has been loitering around for some years now and it is time that
something is done about it. In fact while we were discussing the Lokpal bill
this was one of the primary contentions during the debate. Either the
government had to include it into the Lokpal Bill or make functional the judges
accountability bill. However there was a lot of misunderstanding regarding
this. All I said was it was not right to leave out the judges when we are fighting
corruption. They should include this portion into the Lokpal bill. However once
the Judges Accountability Bill is made functional then it could be deleted out
of the Lokpal bill. There was no need to keep this in abeyance until that
happened. When this issue is being argued and fought for the past 44 years then
it is impertive for the government to include it.
Advocate in the Karnataka High Court, Navkesh Batra is of the view that taking
sites under the discretionary quota is nothing but corruption. First and
foremost Judges are not entitled for a site under this quota. This quota is
meant for poor people, outstanding people including judges. It cannot be given
as a bul allotment as it amounts to nothing but a sop. When the government is
the biggest litigant before any court in India then such a sop does not instill
confidence in the public and it would be better if both the government and the
judiciary abstains from such an act. Here I would like to quote the incident
involving the great Justice R A Jagirdhar of the Bombay High Court. In fact he
was the only judge who refused to apply for a site despite a request by the
then Chief Minister of Maharashtra. He even went one step further and at a
public function when the CM sought to shake his hand he publicly rebuked him by
saying, ” Mr CM your cases are pending before the high court. As a high court
judge I refuse to shake your hand.”
SCAM IN TAMILNADU One for my
officer, one for my boy...
and property are coveted assets. So why are chief ministers allowed to give
these away as favours? JEEMON JACOB tracks how Tamil Nadu
Chief Minister M Karunanidhi has been using his quotas
ILLUSTRATION: ANAND NAOREM
NOVEMBER, Chief Minister of Karnataka BS
Yeddyurappa almost lost his job, due to the uproar over preferential allotment
of land and property to his sons and close associates. He has since cancelled
the allotments, asked his children to move out of his official residence, and
retained his seat through some deft political manoeuvring and muscle-flexing.
At the height of the campaign against him, as political opponents paraded on
apparent moral high ground, TEHELKA published details of plots similarly
allotted by previous Karnataka chief ministers, both of the Congress and the
JD(S), to relatives, servants, drivers, maids and partymen (LAND SCAM 2.0, 4
December). The purpose was not to make Yeddyurappa’s wrongdoings look less
shocking, but to show that the problem was endemic and needed rooting out. The
right given to chief ministers to hand out public land to a favoured few —
relatives, bureaucrats, judges, police officers and others — smacks of nepotism
and arbitrary feudal power structures that should have no place in a modern
democracy. (Though there is no immediate proof of this, some of these allotments
could also be benamitransactions, in which the ultimate ownership
remains with the distributor of the largesse, camouflaged by a stack of fake
power — euphemistically called “discretionary quota” — has even been used to
favour allegedly corrupt army officers like General Deepak Kapoor (AT EASE WITH
GREASE, TEHELKA, 20 November), who was given a large 500 sq yd plot in Haryana
by the Hooda government, which then faced the embarrassment of refusing him
permission to sell it off before five years had elapsed, as per rules. The plot
was given to him by the government as preferential allotment in recognition for
his ‘outstanding achievement’.
week, continuing its campaign against out-of-turn allotments of land and
property, TEHELKA has an exposé on Tamil Nadu Chief Minister M Karunanidhi. The
Tamil Nadu Housing Board (TNHB) which commands a large land bank, has a
government discretionary quota (GDQ) under which 15 percent of all allotments
can be recommended by the CM. Eligibility for allotment under GDQ is as
follows: single/deserted women; widows; social workers; physically handicapped
persons; defence personnel; ex-servicemen; eminent persons in the field of
science, arts, literature, economics, public administration and sports; freedom
fighters; government servants with unblemished service records; employees of
PSUs, central government undertakings and nationalised banks; PF institutions;
journalists; university staff; and employees of local bodies and
some of these categories sound kosher, most of them raise a fundamental
question: why should the government have the power to give coveted land to
select employees and journalists over others? The only rationale could be
proximity — which is an untenable reason for being the beneficiary of political
favours, often worth several crores.
this aside, even within the legal ambit of the GDQ, TEHELKA’s investigation
shows that many of the allotments in Karunanidhi’s tenure have violated the
rule book. Many bureaucrats and their relatives have been given plots or flats
under the category of “social worker”. Some of these last did social work when
they were in college; many of them claim to be volunteers in such routine
activity as helping in blood donation or eye camps. Many have issued
certificates to themselves; some have acquired letters from the Lions and
Rotary Clubs with vague endorsements. In other violations, the rules say that
no one who has any other land or property in Tamil Nadu or any other capital
city, in either their own or spouse or minor children’s name, can apply for GDQ
allotments. TEHELKA found this is routinely violated.
of the allottees issued certificates to themselves, while some got letters
from Lions and Rotary Clubs
other brazen violation lies in the claim of “unblemished” service records as a
qualification for allotment. When RTI activist V Gopalakrishnan sought a list
of such bureaucrats, Additional Secretary S Solomon Raj said, “As no
unblemished government servant certificates are issued, the question of
furnishing a list of names does not arise.” The additional secretary also
clarified that the home department didn’t have such a list. This is the phantom
category under which many public servants like Jaffar Sait, 1986 batch IPS
officer, now Inspector General of Police–Intelligence, got large allotments of
land in prime locations. Why them more than hundreds of others? That’s a
democratic question the chief minister will have to answer.
Serving Judge, Madras High Court
FLAT NOS: MIG 249-250,
SHOLINGANALLUR PHASE III, CHENNAI
DATE: 30 MARCH 2008
SIZE: 120 SQ M & 139 SQ M
PRICE: Rs. 27.55 LAKH & Rs.
CURRENT MARKET PRICE: NA
The judge was allotted two adjoining plots on the same day (30 March 2008).
According to her Disclosure of Assets statement of 2009, the judge already had
a house in her name, and another plot in her husband, advocate K Ganesan’s
name. The house, in the Uthangarai area of Krishnagiri district, was
constructed in 1985 on a plot purchased in 1982. The plot of land is
located in Saidapet and was purchased in 1993. She however admits in her
declaration that she owns two plots, which she purchased from the TN
Housing Board in 2008. But this allocation was made under the General
Category. Since judges do not come under any of the quota categories, the
government’s way of allotting land to them differs from the rest. Judges
are informed about the availability of land. And when they apply for the
same, the government facilitates the allotment.
K Raviraja Pandian
Retired Justice, Madras High Court
PLOT NO: B2/5, THIRUVANMIYUR
DATE: 11 NOVEMBER 2009
SIZE: 3,117 SQ FT
PRICE: Rs. 68.54 LAKH
CURRENT MARKET PRICE: Rs. 3.2 CRORE
Close relative of DMK supremo Karunanidhi and the Chairman of the School
Fee Determination Committee. Little wonder then he was also the recipient
of special favours while he was still a serving judge. At the time of the
allotment, the judge owned a 50 percent share in an ancestral house at
Thiruveezhimizhalai village. The judge had also sold a property he owned at
Pazhavatthankattali village near Kumbakonam. The land was purchased in
1991, a house was constructed on it in 1992 and sold in 2009. He had also
sold the landed property of his wife in 2009.
PLOT NO: A8, KADAPERY,
DATE: 16 FEBRUARY 2008
SIZE: 2,285 SQ FT
PRICE: Rs. 4.54 LAKH
CURRENT MARKET PRICE: Rs. 15 LAKH
The advocate owned landed property in more than one location when she was
allotted the plot — one vacant house site in Karanai Puducheri village and
another in Katrampakkam village, in Kancheepuram district. Her husband,
Justice M Satyanarayanan of the Madras High Court, in his Disclosure of
Assets, stated that he owns a repurchased MIG flat constructed in 1969 at
Indra Nagar in Chennai. Ambika was allotted land under the GDQ.
FLAT NOS: 540, THIRUVANMIYUR,
DATE: 23 APRIL 2008
SIZE: 4,756 SQ FT
PRICE: Rs. 1.26 CRORE
CURRENT MARKET PRICE: Rs. 6 CRORE
Allotted under ‘unblemished’ government servant category. On 6 June 2008,
the government transferred the ownership of the plot to his daughter
Jennifer Jaffar, then a student. Jennifer made two payments of Rs. 46.03
lakh and Rs.1.73 lakh towards cost of the plot. In February 2009, she paid
another Rs.60 lakh. After having paid Rs.1.07 crore, the ownership of plot
was transferred to her mother Parvin Jaffar. Interestingly, Parvin also
made the payment all over again. In October 2009, she paid Rs. 50.64 lakh and
then again in November 2009, another Rs. 25 lakh was deposited. A further
payment of Rs. 51.5 lakh in the same month was made. Income tax officials
feel the Sait family made the double payment to avoid an IT investigation
on Jennifer, who would not have been able to show any source of income. The
Tamil Nadu Housing Board then returned the original amount paid by
Jennifer. Now, Parvin in collaboration with Durga Sankar, son of an IAS
officer, has commissioned a builder to construct a multi-storey complex in
which 12 flats have already been built. Each flat is expected to fetch an
estimated 1 crore. So, by paying Rs. 1.26 crore in 2009, the IGP’s family
made a profit of more than Rs. 5.7 crore.
Joint Secretary, Industries
PLOT NO: S6, THIRUVANMIYUR
DATE: 6 MAY 2008
SIZE: 3,829 SQ FT
PRICE: Rs. 76.58 LAKH
CURRENT MARKET PRICE: Rs. 4 CRORE
The former district collector of Tirunelveli issued himself a certificate
for unblemished government service.
Retired IAS, Secretary to Governor at the time of allotment
FLAT NOS: S4, THIRUVANMIYUR
DATE: 7 MAY 2008
SIZE: 6,023 SQ FT
PRICE: Rs. 1.20 CRORE. PAYMENT
WAS MADE IN 33 INSTALMENTS FROM 18 JULY 2008 TO 6 MARCH 2009
CURRENT MARKET PRICE: Rs. 6.8 CRORE (APPROX)
Her husband Dr S Rajakumar has a house in Chennai.
Former Regional Passport Officer, Chennai, and close relative of DMK
minister K Anbazhagan
PLOT NO: 1050 HIG, MOGAPPAIR
DATE: 28 MARCH 2008
PRICE: Rs. 59.15 LAKH
CURRENT MARKET PRICE: Rs. 1 CRORE
Her husband Dr S Ravichandran owns a plot. Following an RTI probe, the TNHB
issued a show-cause notice and placed the allotment under suspension.
Former MP, who left Vaiko to join DMK
FLAT NOS: 1052 HIG, MOGAPPAIR
DATE: 27 MARCH 2008
PRICE: Rs. 79.86 LAKH
CURRENT MARKET PRICE: NA
Ganeshan is a trade union leader with the DMK and is close to Karunanidhi.
He owns property in his as well as his wife’s name.
Wife of late Chezhiyan and daughter-in-law of Agriculture Minister
PLOT NO: HIG B 3/14, MOGAPPAIR
DATE: 13 MARCH 2008
PRICE: Rs. 9.82 LAKH
CURRENT MARKET PRICE: Rs. 45-50 LAKH
Allotted flat under Social worker category. The tehsildar of Salem issued
her a certificate though he is not empowered to. The certificate says she
“is a well-known social worker involved in social welfare activities such
as president of Poolavari village panchayat, head of parent-teachers
association, participating in educational programmes of many schools”.
Wife of R Sakkarapani, MLA and DMK chief whip
PLOT NO: 1047, MOGAPPAIR
DATE: 9 MARCH 2008
PRICE: Rs. 79.86 LAKH
CURRENT MARKET PRICE: Rs. 3.5 CRORE
She was allotted the flat under the Social Worker category. The supporting
document was a letter from a Rotary Club. The letter from PNK
Venkatachalapathy, president of the Rotary Club of Oddachatram, dated 31
March 2008, states that “she is known to me as a social worker who is
participating in social service activities of our Rotary Club at blood
donation camps, free health checkup camps and other welfare activities. She
has also been helping in providing several other basic amenities for the
people surrounding the slum area for the past several years. I wish her
every success to do more services to needy people in and around the area”.
Congress MLA, Kancheepuram Congress MLA, Kancheepuram
FLAT NOS: A5, HIG, MOGAPPAIR
DATE: 19 DECEMBER 2008
PRICE: Rs. 59.56 LAKH
CURRENT MARKET PRICE: Rs. 3 CRORE
A certificate from the Chennai Municipal Councillor stating she has been an
active social worker for the past 40 years actively involved in helping the
poor in the area.
Member of a DMK trade union
PLOT NO: A 11, THIRUVANMIYUR
DATE: 6 JUNE 2008
SIZE: 2,422 SQ FT
PRICE: Rs. 58.61 LAKH
CURRENT MARKET PRICE: Rs. 2.75 CRORE
Though a member of a DMK trade union, he was allotted land under the Social
Worker category. Has three plots in his name and one in his spouse’s name.
He has not produced any supporting document about the social work he has
Widow of Sivagangai politician Thennarasu
FLAT NOS: S7, THIRUVANMIYUR EXTN
DATE: 26 AUGUST 2008
SIZE: 3,879 SQ FT
PRICE: Rs. 79.13 LAKH
CURRENT MARKET PRICE: Rs. 3.75 CRORE
She was allotted the plot under the Social Worker category. An RTI application
revealed that she had not been engaged in any kind of social work that
would make her eligible for this category.
FLAT NOS: E2/6, MIG, MOGAPPAIR
DATE: 5 DECEMBER 2008
PRICE: Rs. 72.5 LAKH
CURRENT MARKET PRICE: Rs. 4 CRORE
Allotted under the Social Worker category on a certificate issued by the
Lions Club. Owns several plots in his and his wife’s name.
Daughter of Brinda Chezhiyan and grand-daughter of Agriculture Minister
FLAT NOS: B3/13, HIG, MOGAPPAIR
DATE: 3 JUNE 2008
PRICE: Rs. 8.99 LAKH
CURRENT MARKET PRICE: Rs. 45-50 LAKH
Like her mother, the 20-year-old was given a certificate of social work and
domicile by the tehsildar of Salem, stating that she “is a wellknown social
worker who is involved in many social welfare activities, such as national
social service, participating in eye camp, blood donation and giving
education to poor students”. The certificate was issued on 27 February
2008, the same day her mother got one. Both got adjoining flats.
Kith and Kin
Daughter of Devaraj M, Private Secretary to the Chief Minister
FLAT NOS: 543, THIRUVANMIYUR, KAMARAJ
NAGAR (PLOT ADJOINING SAIT’S AND SHANKAR’S)
DATE: 23 MAY 2008
SIZE: 4,466 SQ FT
PRICE: Rs. 1.08 CRORE
CURRENT MARKET PRICE: NA
Allotted plot under the Social Worker category but there’s no evidence to
back it. Constructing a three-storey building involving a cost beyond the
family’s known sources of income. Her husband owns another property in his
name. Her plot is adjacent to the plots of IGP-Intelligence Jaffar Sait and
Durga Shankar, son of the CM’s secretary.
Son of P Muthuveeran, IAS, who was District Collector, Theni, and close to
the Chief Minister
FLAT NOS: 541, HIG,
THIRUVANMIYUR, KAMARAJ NAGAR
DATE: 27 JULY 2008
PRICE: Rs. 1.06 CRORE
CURRENT MARKET PRICE: NA
Allotted flat under the Social Worker category. He works in a software
company in Chennai and submitted a salary slip of Rs. 20,000 per month at
the time of allotment. Now, he is constructing a fourstorey structure on
J Naveen Ibrahim
Son of SI Jaffar Ali, IPS (retd)
FLAT NOS: AI HIG MOGAPPAIR
DATE: 31 MARCH 2009
PRICE: Rs. 64.95 LAKH
CURRENT MARKET PRICE: Rs. 3.25 CRORE
Allotted flat under the Social Worker category. Certificate issued relates
to 1983, when he was a student. The college principal says he actively
participated in “many social activities conducted by us. He continues to
evince interest in social service activities”. Curiously, the EMI of Rs.
74,000 is almost double his monthly salary.
Son of Rajamanikkam, IAS, Secretary to Chief Minister
FLAT NOS: 538, THIRUVANMIYUR,
KAMARAJ NAGAR (PLOT ADJOINING SAIT’S AND SHANKAR’S)
DATE: 28 MARCH 2008
SIZE: 2,450 SQ FT
PRICE: Rs. 1.12 CRORE
CURRENT MARKET PRICE: NA
He is a businessman, but allotted the plot under the Social Worker
category. He also submitted an affidavit that the plot would be used for
residential purposes. But he violated the conditions and developed the
property for commercial purposes.
IT Manager, DMK HQ, Chennai
Allotted flat under the Social Worker category on a certificate issued by
the Lions Club. The certificate states that he “is participating in social
service activities of Lions Club at blood donation camp, free health camps
for the past several years”.
Allotted HIG flat under the Social Worker category on the basis of a
certificate issued by a panchayat, which is not valid.
Junior attendant at the Supreme Court
Allotted flat under the Social Worker category. Kannabiran, a Delhi
resident, was issued a salary certificate by the SC registrar for
purchasing land in Tamil Nadu. He was allotted on the recommendation of his
superior, who has close links with the DMK.
C Ganeshan and C Vinothan
PSOs, CM’s Security
Allotted flats under the ‘unblemished’ government servants category.
Documents reveal the Superintendent of Police, Security Branch, Chennai,
issued vague conduct certificates after the duo were allotted the flats
W/O P Pandian, PSO, CM’s Security
Allotted flat under the Social Worker category. She produced a letter from
MS Velu of the Lions Club, who liberally issued certificates for sons and
daughters of bureaucrats to help them avail of prime plots allotted by the
TN Housing Board out of the government discretionary quota.
PHOTOS: THE HINDU, JEEMON
Reactions to Land Scam 3.0
D Yashoda, Congress MLA,
“I have done a lot of work for
Dalits throughout Tamil Nadu, especially in Sriperumbudur and Chennai. I
have helped them in getting pattas for their land, recommending their names
for loans from banks, distributing cycles to Dalits on the birthdays of
Jawaharlal Nehru and Indira Gandhi."
Jaffar Sait, IPS,
"Government agencies have
already probed the matter. I am being governed by the conduct rules, so I
should not talk to you about the issue. It is advisable that you seek a
response from the Tamil Nadu government. I would like to add that if any
defamation or liability arises out of your article, necessary legal action
would be taken."
P Moorthy, Madurai MLA
"I don’t know much about
the certificate, I think I got the plot because I’m an MLA. I have done a
lot of work in uplifting the people in villages of my constituency. That
amounts to social work. I don’t need a social work certificate from the
Lions Club but my friends, partners and I took the certificate anyway.
‘GDQ is a way of making you part of the syndicate’
PHOTO: JEEMON JACOB
A1990 batch IAS officer, C Umashanker shot to
fame during the AIADMK regime when he exposed a scam in the construction of
sheds in a cremation ground under the Jawahar Rozgar Yojana when he was
additional collector in Madurai. His brush with AIADMK supremo J Jayalalithaa’s
partymen resulted in his transfer out of the district.
when the DMK came to power, he was appointed managing director of the state-run
Electronic Corporation of Tamil Nadu and put in charge of procuring colour
television sets for free distribution to the poor in the state, in keeping with
an election promise of the DMK. He was transferred with immediate effect after
he exposed corporate fraud committed by the joint venture promoter ELNET
he was posted as managing director of the state-run Arasu Cable TV Corporation.
In this capacity, he opposed the monopoly of Sumangali Corporation run by
Kalanidhi Maran. He also took steps to nationalise Sumangali Cable Vision. By
that time, Maran had a patch-up with the Karunanidhi family and Umashanker was
transferred with immediate effect.
the anti-corruption and vigilance department registered a case against him for
disproportionate assets. The government suspended him for claiming fake caste
certificate as a Dalit when he is a practising Christian.
Plots are allotted even without any formal applications.
There is no transparency at all
lodged a complaint with the National Backward Commission against his suspension
and got a favourable order from the High Court. At present, he is managing director
of Tamil Nadu Small Industries Corporation.
was allotted a plot (under government order 2D 325) on 3 April 2008 at
Thiruvanmiyur Extension when he was in charge of the free colour television for
the poor programme. For this, he would have had to pay 55.12 lakh. He wrote to
the chief minister that he could not afford to pay such a huge amount. Later,
his allotment was cancelled without stating any reason.
revealed he had an MIG flat in his name when the plot was allotted and he was
not aware about the rule of Tamil Nadu Housing Board (TNHB) that he can’t claim
a plot when he has another flat in his name.
certainly seems commendable that Umashanker turned down a chance to own a plot
in Thiruvanmiyur Extension, one of the poshest areas of the city. The plot is
just 300 metres from the beach.
the entire colony has been parcelled out to those close to the ruling
establishment, it is the nouveau riche and the industrialists who dream of
owning a house in Thiruvanmiyur, where they can rub shoulders with former
judges, bureaucrats and political power brokers. If and when the allottees
decide to sell their plots, they can demand extremely high prices.
a frank chat, Umashanker talks about how the government discretionary quota has
been misused. Excerpts:
are bureaucrats, judges, former judges and politicians given housing plots in
posh localities under government discretionary quota?
Who can refuse a good piece of land in Chennai city? It’s a way of rewarding
people for good work done. No inquiry has been conducted in this matter so far.
Discretionary quota is the prerogative of the government. After RTI came into
existence, several activists are taking up the matter in court. Basically,
there is no control mechanism or checks and balances. There is little
transparency while awarding the GDQ — the plots are allotted without formal
were also allotted a plot in 2008 under the ‘unblemished government servant’
category. What happened to the allotment?
Yes, I was allotted a plot in Thiruvanmiyur Extension. Initial payment for the
plot was Rs. 25 lakh. I never had that much money. So I requested the
government to reduce the price. But there was no response. I did not want a
house to compromise my integrity. So I never took possession. Later, in 2009,
the government ordered a vigilance inquiry against me and cancelled the
allotment. Frankly, I was not aware about the TNHB rules that bars a person
having a plot, a flat or a house from claiming another plot.
you think the GDQ quota is a way of silencing people, buying them out?
Yes, it is a way of making you a part of the syndicate. Plots or flats are
given to those civil servants, judges or relatives of the bureaucrats or
politicians for complying with certain requirements. There is no procedure for
IAS or IPS officers to get a land or plot or flat in a transparent manner. So
everybody uses short cuts.
Minister’s DQ proves judges are more corrupt than civil
NEW DELHI/BHUBANESWAR: An investigation by Cobra post and IBN Network has
revealed how former and sitting judges of Orissa, police officers and
bureaucrats have received flats from the DiscretionaryQuota (DQ)
of ministers. As a matter of fact, successive Urban Development Ministers in
the Naveen Patnaik government have misused the discretionary housing quota.
According to the revelation, the judges have got the ‘minister
quota’ flats out of turn and at cheaper rates.
The IBN Network accessed letters of judges written to the
government asking for prime property in Cuttack and Bhubaneswar.
Prime properties were acquired in Cuttack at concession rates,
bypassing the Cuttack Development Authority. In fact, Sectors 10, 11 and 13 of
Cuttack’s Abhinav Bidanasi project has practically become a judges’ residential
Former Chief Justice G B. Patnaik is a resident of flat 1B/22 in
Sector 11 while former Orissa High CourtJudge Radhakrishna
Patra has flat 1B/23 in the same sector, given out on lease.
Supreme Court judge Deba
Priya Mohapatra, Orissa High Court judges Sanju Panda, Madan Mohan Das,
Nityanand Prastuti also own flats in Sector 10 and 11.Papers for the flats were
prepared quickly and some judges even got preferred plots.
Most of the allotments took place between 2000 and 2007, under the
BJP cadre Urban and Housing Development Minister Sameer De who was
State Development Minister from 2000-2004 and then Kanak Vardhan Singh Deo who
called the shots from 2004 to 2007.
All that the judges had to do was written to the Minister. The
CNN-IBN has a letter written by Justice Madan Mohan Das to the CDA Chairman and
to Minister Kanak Vardhan Singhdeo, asking for a B-Category Flat in Sector 10,
saying he would ensure a third party transfer of a C-Category Flat already
owned by his wife.Justice Das was allotted the flat in just six days.
When asked why the discretionary quota
was used to make the allotments, Sameer Dey, former Orissa urban development
minister, said, “The Orissa act does not have any such rule. There is 5 per
cent and 10 per cent allocation in discretionary quota.
Apart from that we don’t have any rule.”
Kanak Vardhan Singh Deo, former Orissa urban development minister,
said, “The rule is that only those who apply for the project can be allotted
land via Discretionary Quota.
So if any such person does not apply what can we do?”
CNN-IBN has also found that many of the judges who were allotted
land through the discretionary quota
already own ancestral property in Cuttack. Yet the ministers were allotted the
land they asked for.
Judicial Layout Site Allotment – BRIBE TO JUDGES ?
JUDICIAL CORRUPTION IN INDIA
MY LORDS, THERE’S A CASE AGAINST
Former Union law ministers are
spearheading a campaign against sitting judges they accuse of being corrupt.
What is the higher judiciary doing to clear itself of these grave charges?
Supreme Court of India
Photo by K. Satheesh
lawyers have complained to the CJI and the President that Justice Bhalla
illegally amassed properties
The campaign by some senior
lawyers and former law ministers who have questioned the integrity of sitting
high court judges is set to ratchet up the growing confrontation between the
legislative and the judicial arms of the government. Former Union law
ministers Shanti Bhushan and Ram Jethmalani are leading the battle against
what they claim are corrupt practices in the highest echelons of the
Bhushan has categorically
condemned the rot he feels has set in the judicial system. “The judiciary of
this country is not merely unaccountable, but corrupt and brazenly so,” he
wrote in a letter to President APJ Abdul Kalam on December 17. Bhushan has
demanded that the President initiate impeachment proceedings against Justice
Jagdish Bhalla of the Lucknow Bench of the Allahbad High Court. On December
14, a Supreme Court (SC) collegium recommended that Justice Bhalla be
appointed the Chief Justice of the Kerela HC.
Bhushan and Jethmalani, along with
noted lawyers and former justices, including Rajendra Sachar, Indira Jaisingh
and Hardev Singh, have formed the Committee on Judicial Accountability (COJA)
and presented documents to the Chief Justice of India (CJI), YK Sabharwal, to
support their complaint against the sitting judges. COJA complained to the
CJI on July 11 that Justice Jagdish Bhalla had amassed several illegal
properties in the name of his wife and other close relatives. Justice
Vijender Jain, the former senior Judge in the Delhi High Court, who was
recently appointed the CJ of Punjab and Haryana HC, is also in COJA’s line of
By questioning the integrity of
Justices Bhalla and Jain, Bhushan has thrown open the much larger question of
judicial accountability. (See interview) “Leave aside taking any action
against corrupt judges like Justice Jagdish Bhalla and Justice Vijender Jain,
the CJI has been actually avoiding even properly investigating charges
against them,” says Bhushan. According to documents produced by COJA on 21
July 2003, Renu Bhalla bought a 7,200 sq. metre plot near the Noida-Greater
Noida expressway. On 28 March 2005, Uday Shankar, dsp, Gautam Buddha Nagar
(Noida’s official name) submitted a report to the area dm in which he states
that the sellers of the plot belong to the “land mafia”. In an enquiry
submitted to the dm on 26 June 2005, RK Singh, the area sdm, also described the
sellers as belonging to the “land mafia”. According to the two reports, the
plots constituted a portion of the gram samaj (joint village property) land,
illegally grabbed by the “land mafia”. (All the documents relating to the
transaction are in possession of Tehelka)
The SDM’s report says that at the
time of the transaction, the plot was worth Rs 7.20 crore in the open market,
whereas Renu Bhalla paid Rs 5 lakh for it. The two reports also state that
the sellers of the plot have been charged in several criminal cases, and had
sold plots to several influential people to curry favour with them. Renu
Bhalla is the wife of Justice Jagdish Bhalla.
Bhushan has also drawn attention
to the July 2005 draw of lots for allotment of plots in Sector 44 in Greater
Noida. When the computerised draw threw up several influential names, a few
people approached the Allahabad HC alleging foulplay. In October 2005, the HC
decided that the case warranted a fresh draw of lots and ordered a cbi
inquiry into the scam. Among those who had been allotted plots in the
scrapped list were Aarohi Bhalla and Sheeba Sabharwal. Aarohi Bhalla, who is
the son of Justice Bhalla, was allotted plot number f-52, while Sheeba
Sabharwal, daughter-in-law of the CJI YK Sabharwal was allotted plot number
f-78. In November 2005, the Supreme Court stayed the Allahabad HC judgement,
putting the cbi enquiry and the HC’s order to hold a fresh draw of lots on
in court? Documents furnished by
COJA against the justices
Members of COJA have offered to
discuss the matter in person with the CJI but they say that they are still
waiting to hear from him. Five months after their initial request, they sent
another application to the CJI in November. This time they sought his
permission to register an FIR against Justice Bhalla, claiming that their
initial evidence was enough to register an offence against him under the
Prevention of Corruption Act.
“The CJI did not even call us to
hear our point,” says Bhushan. “I don’t know why Justice Sabharwal is
shielding Justice Bhalla!” Bhushan is equally critical of Justice Vijender
Justice Jain, who took oath as the
new CJ of Punjab and Haryana HC in November, had to endure many delays before
he could be appointed to the post. The CJI had to make three efforts to
promote Justice Jain. A collegium headed by the Chief Justice of India first
recommended Justice Jain’s name for the post in July. However, President APJ
Abdul Kalam returned the file, causing a minor embarrassment to the CJI and
the Union government. When the collegium reiterated its recommendation
through the government in November, the President had to sign the file.
time lucky: Chief Justice Vijender
a collegium headed by the CJI recommended Justice Jain’s name, the
President returned the file
Earlier in May, a proposal by the
CJI to make Justice Jain CJ of the Maharsahtra HC was stonewalled by a judge
in the three-member collegium who questioned Justice Jain’s integrity. The
member on the panel cited a complaint made to former CJI RC Lahoti against
Justice Jain in January 2005. The CJI revived the proposal a month later, but
again a judge on the collegium opposed his appointment. Finally, a fortnight
later, in July 2006, the CJI made his third attempt to promote Jain, this
time to the Punjab and Haryana HC.
This time around, to address
dissenting voices, the CJI also consulted other SC judges who happened to be
former chief justices of the Delhi High Court. According to reliable sources,
Justice Jain’s former seniors also questioned his integrity. However, on the
basis of a majority, the proposal to promote him was forwarded to the Union
government for the President’s assent.
A major hurdle in promoting
Justice Jain continued on page 8 continued from page 6 was a complaint by one
Subhash Agrawal who approached then CJI RC Lahoti in January 2005 with the
complaint that Justice Jain had violated the code of conduct for judges. Agrawal
claimed that Justice Jain gave a judgement in favour of someone with whom he
had “family relations”. He produced a copy of the invitation card of the
litigant’s granddaughter’s wedding, held in April 2001. According to the
card, the venue of the wedding was the official residence of Justice Jain.
(Tehelka has obtained a copy of the wedding card from the Central Information
Commission). In November 2004, Justice Jain, hearing an appeal, decided a
civil suit in favour of the person who had held his granddaughter’s wedding
at his official residence.
When there was no response to his
complaint in October 2005, Agrawal approached the SC to find out the status
of his complaint under the rti Act. He was told that his complaint was in the
relevant HC file. Not satisfied, Agrawal approached the Central Information
Commission. On the commission’s insistence, the SC finally told Agrawal that
his complaint had not actually been forwarded to the HC, as the SC has “no
administrative jurisdiction” over high court judges. Therefore, the complaint
was pending before the CJI, YK Sabharwal. The commission asked the CJI to act
on the application. The CJI finally settled the complaint, saying he found no
merit in it. When Agrawal asked for reasons behind the decision, he drew a
It’s not just Bhushan who feels
the need to bring about accountability and transparency in the judiciary.
Janata Dal (U) president Sharad Yadav says the issue will be discussed when
the Judicial Accountability Bill is tabled in Parliament. “When the
government tables the bill, all its aspects will be discussed,” Yadav told
CJI YK Sabharwal could not be
reached for his comments. Despite conciliatory notes from him there are all
indications that the clamour surrounding judicial misdemeanour and the demand
for greater accountability will only increase in the days to come.
30 , 2006
lords, there’s a case against youFormer
Union law ministers are spearheading a campaign against sitting judges
they accuse of being corrupt. What is the higher judiciary doing to clear
itself of these grave charges? Avinash
Of The Last 16 Chief Justices Were Corrupt’
decision to declare assets is a big victory. Supreme Court lawyer Prashant Bhushan tells SHOMA CHAUDHURY what
else is rotting in our judiciary
public interest Prashant
Bhushan has championed the fight for judicial accountability
Photo: SHAILENDRA PANDEY
great judges have agreed to declare assets. But will it really help?
Politicians do it too.
This decision is very welcome, even if it’s only happened under public
pressure. It is proof of the power of public opinion. And even though
declaring assets is a relatively minor aspect of judicial
accountability, it will help. If a judge misdeclares his assets,
there’s a chance someone might know he has particular properties he
hasn’t declared, and may point it out. One could then examine if these
can be explained within their legal income.
debate around judicial accountability has got really hot. Are there
watershed events that triggered this?
Not in my own perception, but I think for the public there were two
watershed events – the Chief Justice Sabharwal case (where there was an
allegation that Chief Justice YS Sabharwal’s orders to demolish commercial
outlets in Delhi directly benefited his sons, who were partners with
some mall developers) and the Ghaziabad Provident Fund scam. Both these
cases got wide media attention. A 2006 Transparency International
report said the judiciary in India is the second most corrupt
institution after the police.
been at the forefront of the judicial accountability campaign. Why?I have been witness to judicial corruption in the
courts for a very long time. I know decisions are passed for extraneous
considerations, but it’s difficult to get hard evidence of this. There
have been highprofile impeachment attempts, for instance, on Justice
Ramaswamy, Justice Punchi and Justice Anand. Yet, they all went on to
become chief justices. In my view, out of the last 16 to 17 chief
justices, half have been corrupt. I can’t prove this, though we had
evidence against Punchi, Anand and Sabharwal on the basis of which we
sought their impeachment.
is the root cause of judicial corruption then, and what are your key
Our key demand is an institutional mechanism for entertaining
complaints and taking action against the judiciary. Nothing exists
today. Everyone realises impeachment is impractical. To move an
impeachment motion you need the signatures of 100 MPS, but you can’t
get them because many MPs have pending individual or party cases in
these judges’ courts. In the impeachment proceeding against Justice
Bhalla, the BJP declined to sign because LK Advani had been acquitted
by him in the Babri Masjid demolition case. Such political
considerations prevail all the time. An in-house procedure was set up
in 1999, post a chief justices’ conference in 1997, but that too is
activated only selectively. For example, the complaint against Justice
Bhalla was that he had purchased land worth Rs 4 crore at Rs 4 lakh —
approximately — from land mafia in Noida. This was based on a report
from the DM and SSP of Noida. This land mafia had several cases pending
in courts subordinate to Justice Bhalla. Another complaint was that in
the Reliance Power matter, though his son was the lawyer for Reliance
Power, Justice Bhalla constituted a special bench while he was the
presiding judge in Lucknow. He sat in the house of one the judges at
11pm at night to hear their case and pass an injunction in their
favour. We asked Chief Justice Sabharwal to initiate proceedings
against Bhalla, but he refused.
Justice Vijender Jain decided the case of a person whose granddaughter
had been married out of his own house. He was a close friend but he still
heard and decided the case in this person’s favour. The point is, in
these cases though very specific complaints were made to the then Chief
Justice of India (CJI), he didn’t do anything to activate the in-house
procedure. All these judges have gone on to become chief justices.
Bhalla is still chief justice of Rajasthan; Virendra Jain became chief
justice of Punjab and Haryana.
the answer?The first problem is that
there is no independent institution for entertaining complaints and
taking action against judges. There has to be a National Judicial
Complaints Commission — independent of the government and judiciary. It
should have five members and an investigating machinery under them. The
second problem lies in the Veeraswamy judgment, which ordered no
criminal investigation can be done against a judge without prior
written permission of the CJI. That’s what happened in Karnataka. There
was a complaint against several judges visiting a motel and misbehaving
with women. When the police officer came, the judges threatened him and
said no FIR could be filed against them because they were judges. This
happened in the Ghaziabad Provident Fund case as well. The
investigation is stumped because the CJI hasn’t given permission. We
have to get rid of this injunction.
third problem is the Contempt of Court Act. Today, even if you expose a
judge with evidence, you run the risk of contempt. Judges are even
seeking to insulate themselves from the RTI. We have to get rid of the
Contempt of Court Act – not the whole Act. Disobeying the orders of the
court is civil contempt – that should remain. Interfering with the
administration of justice is criminal contempt – that too should
remain. What needs to be deleted is the clause about scandalising or
lowering the dignity of the court, for which Arundhati Roy was sent to
jail. Finally, there is the problem of appointments. Earlier, judicial
appointments were made by the government, which was bad enough. Now, by
a sleight of hand, the Supreme Court has taken the power of
appointments to itself. Earlier there were political considerations;
now there are nepotistic ones.
what’s the answer to that?
We need an independent Judicial Appointments Commission, which is
independent and works full time, and follows some systems and
procedures. Eligibility lists should be prepared and comparative merits
debated and evaluated. You can’t just pick judges arbitrarily, and let
people know about it only after the deed is done.
is still no independent body to process complaints and action against
are the best practices and conventions elsewhere?
We should at least have Public Confirmation hearings like in the US. In
the Senate Judicial Committee, you have hearings where any public citizen
can give evidence about the background of a judge that has bearing on
their appointment. This is being fiercely resisted here.
counter arguments hold?
None that I can see. The judges say all this will compromise their
independence. Unfortunately, they are equating the independence of the
judiciary with independence from accountability. Independence of the
judiciary was meant to be independence from the political
establishment, not from all accountability.
there other ways in which judicial corruption manifests itself?There are so many. There is Justice Kapadia who
decided on the Niyamgiri mining lease case in Orissa. He said Vedanta
can’t be given the lease because it’s been blacklisted by the Norwegian
government; but its subsidiary company Sterlite can get the lease
because it is a publicly listed company. Justice Kapadia said it’s
publicly listed because he had shares in it and yet he passed an order
in favour of Sterlite! There is a law against judges hearing cases
where there is a conflict of interest, but they just bypass it and you
can’t complain because that would be contempt.
From Tehelka Magazine, Vol 6, Issue 35, Dated
September 05, 2009
Burn After Reading
BRIJESH PANDEY and SANJAY
DUBEY track the Supreme Court’s
lack of urgency in investigating charges of judicial corruption
THE STORY OF A QUIET
Special CBI judge Rama Jain
uncovers Rs 7 crore Provident Fund scam during vigilance inquiry
Accused Ashutosh Asthana
revealed that he was paying off 36 judges including a sitting Supreme Court
judge and 11 High Court judges
Supreme Court directs CBI to
investigate, permits interrogation of all involved judges
Several status reports given by
the CBI to the apex court
Reports kept secret. Action
taken on basis of reports unknown
WHEN SPECIAL CBI judge Rama Jain
received an anonymous letter in January 2008, telling her that the provident
funds of Class 3 and Class 4 employees of the Ghaziabad court were being
siphoned off, she had no idea that she had stumbled onto the biggest judicial
scam in the history of independent India.
As she was the designated
vigilance officer at the Ghaziabad court, she first conducted an inquiry on
her own, which uncovered the involvement of at least three judges and the
Central Nazir in the embezzlement of funds. She reported the matter to the
Allahabad High Court, which, in turn, ordered a vigilance inquiry. Holding
that the report, prima facie, had merit, the court directed
her to file an FIR.
Central Nazir Ashutosh Asthana was
arrested on the basis of the FIR on April 10, 2008. His interrogation
revealed that Asthana was not a solo player. He claimed that he was first
introduced to the scam by a district judge himself. What followed was so
shocking that even the Ghaziabad police was on the backfoot. Asthana
confessed that from the Rs 7 crore embezzled, he had given cash and gifts
such as airconditioners, refrigerators, expensive clothes, jewellery and
furniture to as many as 36 judges, including about 10 High Court judges and
one Supreme Court judge. In a sworn statement before a magistrate, Asthana
revealed that this fraud had run from 2001 to 2007 with the active connivance
of district judges. Every month, Asthana even paid bribes to various judges,
from Rs 25,000 to a whopping Rs 1.5 lakh.
When these excerpts from Asthana’s
confession became public, the public image of the judiciary touched a new
low. In perhaps the biggest moment of crisis for the Indian judiciary,
Asthana, the main accused, has in turn named judges from the Ghaziabad
District Court to the Allahabad High Court, right up to the Supreme Court.
This was not all.
These revelations stunned the
Ghaziabad police. Clearly out of their depth and (justifiably) wary of taking
on the powerful judiciary, they requested the Ghaziabad court to hand over
the probe to the CBI. In September 2008, the Supreme Court transferred the
case to the CBI, but with a rider: Investigate, but give us a sealed report.
The PF scam, as it had come to be known, gave the judiciary a wonderful
opportunity to redeem itself in the eyes of the people but the case remained
shrouded in secrecy. Cynics then said that the whole matter would be given a
quiet burial. Eighteen months after the scam became public and four CBI
status reports later, the cynics appear to have had the last laugh.
This delay and secrecy in such a
highprofile scam raises various uncomfortable questions for the Indian
Judiciary. Legal luminaries believe that this is symptomatic of a larger
malaise which ails the judiciary. Says jurist Ram Jethmalani, “The reputation
of a judge is more important than the actual fact of his honesty. In fact, if
a judge has a bad reputation, even if it is undeserved, he should not be
appointed because then nobody will have confidence in his judgements,”
adding, “When the judiciary expedites cases concerning the executive branch
or even most prominent cases, why is such urgency not displayed here, when
the matter is extremely serious. Why this delay?”
For six years, funds worth Rs 7
crore were embezzled and judges were allegedly bribed
A VALID QUESTION. Asthana named 36
judges (a list of which is with TEHELKA). Other than the fact that a few have
retired, virtually nothing is known about the fate of the judges of the
Allahabad High Court and the Supreme Court judge. Whether or not the apex
court is planning to initiate or has initiated, criminal charges against any
of the judges — sitting or retired — are questions that only the Supreme
Court can answer.
And the apex court should answer,
argues former Union law minister and senior advocate Shanti Bhushan. “I don’t
appreciate this sealed-cover business except in very rare cases when making
something public might be detrimental to the public interest — mainly if
there is an army secret. Whether it is the judiciary or the executive, all
officers are appointed on the behalf of the people. It is on the people’s
behalf that the judiciary exercises its powers. How can you keep
investigations in the PF scam secret? The people have every right to know
what is going on.”
VN Khare, former Chief Justice of
India, concurs. “These kind of things should not be allowed to linger. This
shakes the confidence of the people in the judiciary. If there is an
allegation or misconduct, it must be inquired into immediately and strict
action should be taken against the erring judges. Why should the reputation
of most judges suffer for no fault of theirs?”
When the judiciary expedites
cases concerning the executive branch or even most prominent cases, why is
such urgency not being displayed in this matter?
RAM JETHMALANI, Jurist
The biggest question which arises
from this scam is the lack of will on the part of the judiciary to rein in
errant judges. Let alone the judges named by Asthana, what about the fate of
the three Ghaziabad District Judges named by vigilance officer of the district
court Special CBI Judge Rama Jain herself? Legal luminaries say this
hesitancy on the part of judges to act against fellow judges involved in
wrongdoing clearly illustrates the prevailing mindset of the judiciary.
“I know of a retired Chief Justice
of India who is one of the most honest judges I have ever seen. It’s
difficult to imagine a more honest person. However, when a responsible
minister made complaints to him against a corrupt High Court Judge, he did
not grant permission for an investigation because he felt that as the head of
the judicial family, it was his job to protect judges, be they corrupt or
not,” says Shanti Bhushan. Ram Jethmalani chips in sarcastically, “This is
the reason why judges call each other ‘brother judge.’”
IT IS not only cases like the PF
scam which taints the image of the judiciary, but also the extreme reluctance
on the part of the judiciary to be open and transparent. Reams and reams of
paper have gone towards pious exhortations by the judiciary asking the
government to refrain from corruption and work in an efficient manner. But
sadly, no judge has held forth at length on the need for the judiciary to
refrain from corruption. Even attempts to exercise the Right to Information
with respect to the office of the CJI came a cropper as the CJI’s office was
always declared out of bounds. It took a historic verdict by the Delhi High
Court to declare that the office of the CJI was not immune from
accountability and outside the purview of the RTI Act. Senior lawyers and
retired chief justices feel that if the judiciary is not transparent or
accountable, it only means that they are trying to hide something. Justice
Khare feels, “Judges are more accountable than other persons because they
hold a very high post. The very existence of the judiciary is based on the
faith of the common man in it. If that faith is not there, how can the
No judge holds forth at length
on the need for the judiciary to refrain from corruption
What incenses them is the
behaviour of the government with regard to the Judges’ Assets Declaration
Bill which the government tried to introduce in 2009. The opposition erupted
in protest and forced the government to defer the bill. Jethmalani terms the
government’s approach to this bill as a “conspiracy of corruption”. “The
government is scared to take on the judiciary. It’s clear that the executive
wants to cosy up to the judiciary.” Agrees retired CJI V N Khare, “Why should
there be any hesitancy to declare assets at all on the part of judiciary? The
whole episode is beyond me.” In a recent development, the Supreme Court has
reiterated before the Delhi High Court that the CJI’s office is outside the
purview of the RTI Act.
Corruption charges are swept
under the carpet by the judiciary. But this has given a shield of total
immunity to the judges, who think they can get away with anything
SHANTI BHUSHAN, Former law minister
Another assault on the public
image of the judiciary is the Dinakaran episode. Currently, judges are
appointed to the Supreme Court by the Supreme Court Collegium, a group of
judges chaired by the Chief Justice of India. When Chief Justice Dinakaran of
the Karnataka High Court was elevated to the Supreme Court, the state Bar and
legal luminaries rose up in protest because the Collegium appeared to have
dismissed, or, at least, not have considered the serious allegations of
corruption against him. According to Senior Advocate Soli Sorabjee, “The
Dinakaran episode shows that the Collegium is not working satisfactorily. You
must have a national commission for judges which should be made up of judges,
eminent jurists and senior government officials. This council should have the
power to get independent information and evaluate it.” Shanti Bhushan feels
that as judges are extremely busy with hearing cases, there should be a
full-time commission whose sole function is to pick judges for the High Court
and the Supreme Court and feels that the commission should also have its own
bureau of investigation. They should not be dependent on either the local
police, who might be afraid to investigate judges, or on an overburdened CBI.
But all this is very hard to
achieve. Jurists feel that the judges of the higher courts have converted
themselves into a union of sorts and are trying to protect each other. “Their
approach is to sweep every allegation under the carpet. Don’t allow the
public to know about it. Let the public believe that our judiciary is very
honest. But this has been counterproductive. It has given a shield of total
immunity to the judges and they think they can get away with anything. This
has led to an increase in corruption in the judiciary,” states Shanti
Bhushan. Time and again, opportunities have arisen for the judiciary to
reinvent itself in a new avatar. And time after time, it has failed. Caesar’s
wife, they say, should be above suspicion. Whatever the cost it might take to
Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009
‘Half of last 16 chief justices have been corrupt’
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.
because the media is a willing accomplice but because of the sword of “contempt
of court” hanging over us.
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.
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.
“In the applicant’s opinion, eight [of the last 16 chief
justices] were definitely corrupt, six were definitely honest and about the
remaining two, a definite opinion cannot be expressed whether they were honest
is the full text of Shanti Bhushan’s application, published in the public
The Hon’ble Chief Justice of India &
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.
Most respectfully showeth:
1. That the applicant is filing the
present application for his impleadment as Respondent No. 3 in the
aforementioned contempt petition as the applicant is making a categorical
statement in the present application that eight of the last sixteen Chief
Justices of India were definitely corrupt and also providing the names of those
eight definitely corrupt Chief Justices in a sealed cover as an annexure along
with the present application.
2. The applicant is a practicing
advocate who was enrolled on 8 July 1948. He has appeared in each and every
High Court in the country. He is well acquainted with the manner in which the
Indian judiciary has been functioning and how its character has been changing
over the years.
3. That the applicant has been a part
of the campaign for judicial accountability since its inception in the year
4. That there was a time when it was
almost impossible even to think that a judge of a High court or the Supreme
Court could be corrupt. Things have changed drastically during the last 2 or 3
decades during which corruption has been growing in the Indian judiciary. So
much so that even a sitting Chief Justice of India had to openly admit that 20%
of the judges could be corrupt. Very recently in March 2010 a sitting Chief
Justice of a high court openly made a statement. The statement of the sitting
chief justice was published by the Times of India in its issue
of 6th march 2010 with the headlines, “In our judiciary, anybody can be
bought, says Gujarat chief justice”. A copy of the news paper report is
being annexed hereto as Annexure A.
5. That the applicant believes that
the reported statement may not be correctly reflecting the perception of the
Gujarat Chief Justice, since he should be knowing as the applicant does that
there are and have always been plenty of totally honest judges, but they are
also becoming the victim of this public perception since no institution of
governance in the country is taking any effective steps about dealing with
corruption in the judiciary.
6. That India became a republic in
1950, when the people became sovereign. They got the right to constitute their
institutions, the executive, the legislature and the judiciary, to serve them,
who would be accountable to them.
7. That before 1950, corruption was
almost non existent in the High Courts. The federal court had in 1949 got
Justice Shiv Prasad Sinha removed from the Allahabad High Court,
merely on the finding that he had passed 2 judicial orders on extra judicial
8. That it however appears that
thereafter the judiciary has adopted the policy of sweeping all allegations of
judicial corruption under the carpet in the belief that such allegations might
tarnish the image of the judiciary. It does not realize that this policy has
played a big role in increasing judicial corruption.
9. That the Constitution prescribed
removal by impeachment as the only way of removing judges who commit misconduct
since it was believed at the time of the framing of the Constitution that
misconduct by judges of the higher judiciary would be very rare. However those
expectations have been belied as is apparent from the surfacing of a series of
judicial scandals in the recent past. The case of Justice V.
Ramaswami and subsequent attempts to impeach other judges have shown that
this is an impractical and difficult process to deal with corrupt judges. The
practical effect of this has been to instill a feeling of impunity among judges
who feel that they cannot be touched even if they misconduct.
10. That corruption by judges is a cognizable offence.
The Code of Criminal Procedure requires that whenever an FIR is filed with
respect to a cognizable offence, it is the statutory duty of the police to
investigate the offence. The police has to collect evidence against the accused
and charge-sheet him in a competent court. He would then be tried and punished
by being sent to jail. The Supreme Court has however by violating this
statutory provision in the CrPC given a direction in its Constitution bench
judgement in theVeeraswamy case of 1991 that no FIR would be registered
against any judge without the permission of the Chief Justice of India. In not
a single case has any such permission ever been granted for the registration of
an FIR against any judge after that judgement.
11. That the result of this direction has been that a
total immunity has been given to corrupt judges against their prosecution. No
wonder that judicial corruption has increased by leaps and bounds.
12. That an honest judiciary enjoying public confidence
is an imperative for the functioning of a democracy, and it is the duty of
every right thinking person to strive to achieve this end.
13. That unless the level of corruption in the
judiciary is exposed and brought in the public domain, the institutions of
governance cannot be activated to take effective measures to eliminate this
14. That it is the common perception that whenever such
efforts are made by anyone, the judiciary tries to target him by the use of the
power of contempt. It is the reputation of the judge which is his shield
against any malicious and false allegations against him. He doesn’t need the power
of contempt to protect his reputation and credibility.
15. That the applicant strongly believes that a
responsible citizen should be prepared to undergo any amount of suffering in
the pursuit of the noble cause of fighting for a clean judiciary.
16. That there are two statements of Respondent no. 1
(Prashant Bhushan) published in Tehelka by Respondent no. 2
which are alleged to constitute contempt of court. In the 1st statement,
Respondent no. 1 has expressed that in his view, out of the last 16 or 17 chief
justices of India, half have been corrupt.
17. The applicant states that in his view too this
statement is absolutely correct. At the time of the publication of this report
in Tehelka, the last 16 Chief Justices of India were the
1. Justice Ranganath Mishra,
2. Justice K.N. Singh,
3. Justice M.H. Kania,
4. Justice L.M. Sharma,
5. Justice M.N. Venkatchalliah,
6. Justice A.M. Ahmadi,
7. Justice J.S. Verma,
8. Justice M.M. Punchhi,
9. Justice A.S. Anand,
10. Justice S.P. Bharucha,
11. Justice B.N. Kripal,
12. Justice G.B. Patnaik,
13. Justice Rajendra Babu,
14. Justice R. C. Lahoti,
15. Justice V.N. Khare,
16. Justice Y.K SabharwalOut of these, in the applicant’s opinion, eight
were definitely corrupt, six were definitely honest and about the remaining
two, a definite opinion cannot be expressed whether they were honest or
corrupt. The signed lists identifying these eight, six and two Chief Justices
of India are being enclosed in a sealed cover which is being annexed here to as
18. That in fact two former chief justices of India had
personally told the applicant while they were in office that their immediate
predecessor and immediate successor were corrupt judges. The names of these four
Chief Justices of India are included in the list of the 8 corrupt Chief
Justices of India.
19. That since the applicant is publicly stating that
out of the last sixteen Chief Justices of India, eight of them were definitely
corrupt, the applicant also needs to be added as a respondent to this contempt
petition so that he is also suitably punished for this contempt. The applicant
would consider it a great honour to spend time in jail for making an effort to
get for the people of India an honest and clean judiciary.
20. That the applicant also submits that since the
questions arising in this case affects the judiciary as a whole, the petition
needs to be decided by the entire court and not merely by three judges
handpicked by a Chief Justice.
In view of the above, it is most respectfully prayed that this
Hon’ble Court may be pleased to:
1. allow the present application and
implead the Applicant as a contemnor in the aforementioned contempt petition as
Respondent no. 3; and
2. pass any other or further order/s
as this Hon’ble Court may deem fit and proper in the facts and circumstances of
The father, the sons-in-law and
the unholy properties
JEEMON JACOB &
VK SHASHIKUMAR scoop documents to establish property amassed by former
Chief Justice of India KG Balakrishnan’s son-in-law, PV Sreenijan, a practising
lawyer who recently resigned from the Kerala Congress
KG Balakrishnan was appointed Chief Justice of India in 2007, it was a
great moment for a man of humble origins. But VR Krishna Iyer, former judge of
the Supreme Court and national icon, now says, “I used to say that an era had
begun when KG Balakrishnan became the first Dalit Chief Justice. Now, I don’t
feel that way.”
Balakrishnan became head of the National Human Rights Commission (NHRC) in June
last year. Ever since, a rising crescendo of allegations of corruption have
been heard, fuelled by the fact that his younger brother KG Bhaskaran and his
two daughters and sons-in-law all acquired vast properties during his tenure as
accessed documents that show that between 2007 and 2010, son-in-law
Puliyanaveettil Vasu Sreenijan purchased property worth Rs. 1.85 crore. The
current real estate value of these properties is in excess of Rs. 25 crore.
This is a truly
amazing story of wealth creation by a man who, while contesting elections from
Kerala’s reserved Njarackkal Assembly constituency as a Congress candidate in
2006, had declared a bank balance of Rs. 25,000 apart from 24 g of gold.
married zto Balakrishnan’s elder daughter KB Sony, whom he met in college. He
traces his background to a humble and hard-working family: his father was a
factory worker in Premier Tyres, Kalamassery, and a Congress party worker. His
classmates remember him as an introvert who had a muted, almost latent,
ambition to become a powerful politician. From campus politics he moved to the
Youth Congress and took active part in its programmes and activities.
Sreenijan became a
practising lawyer in the Kerala High Court. When Balakrishnan started his
three-year tenure as Chief Justice, Sreenijan started making huge investments
in real estate and tourism. This sudden acquisition of wealth is currently
being probed by the vigilance department after a probe was ordered by Chief
Minister VS Achuthanandan.
tried to establish contact with Sreenijan for his version via SMS and phone,
but all calls went unanswered.
After his marriage
with Sony, Sreenijan’s political career also leapfrogged. He was appointed
state vice-president of the Youth Congress. Though Congress leaders like MA
Kuttappan (also a former minister) challenged Sreenijan’s rise, such protests
were short-lived. He lost the 2006 elections but his wife purchased a flat and
car parking space in Travancore Residency Towers for Rs. 6 lakh in 2007.
A month, Sony again purchased another flat in Mather Square. The cost of
the flat mentioned in the title deed is only Rs. 1.49 lakh, but the market
price of flats in the vicinity was about Rs. 66 lakh at that time.
Today, Kerala Youth
Congress leaders who were angry about Sreenijan’s political rise are gunning
for him. “We demand a CBI inquiry to find out how Sreenijan acquired so much
property and assets within the last three years,” said M Liju, former Youth
Congress state president. On 5 January, Sreenijan tendered his resignation as
Youth Congress vice-president.
wealth has multiplied since 2007
In November 2008,
Sreenijan purchased a river-front property of 277.52 cents in Kadukutti village
in Thrissur district where he is now reportedly constructing a resort.
According to the title deed, he purchased the land from Mohammed Iqbal Mather
for Rs. 14 lakh. Villagers who prefer to remain anonymous say the market price
was Rs. 1 lakh per cent. If that is the case he has allegedly shelled out Rs.
2.77 crore. And building the resort could put him back by more than Rs. 10
In 2009, Sreenijan
purchased another property on Deshabhimani Road in Ernakulam for Rs. 30 lakh.
Later, a property of 3.5 cents of land was purchased in his mother’s name
(Sreemathy Vasu) adjacent to his plot.
But it is not only
Sreenijan who became rich during Balakrishnan’s tenure as CJI. The second
son-in-law, advocate MJ Benny, too, became wealthier after his marriage to
Rani, Balakrishnan’s younger daughter.
Born to a
working-class Christian couple in Nettur, Ernakulam, Benny married Rani in
2006. Benny and Rani, both lawyers, fell in love in the court.
piled up in a manner similar to Sreenijan’s. Between 19 March 2008 and 26 March
2010, he purchased 98.5 cents of land through five title deeds for Rs.81.5
lakh. This is prime land along the National Highway in Marad, Ernakulam
district. A cursory comparison of land rates during this period shows that the
property was undervalued.
purchased the property it was around Rs. 4 lakh per cent and at current rates
would be Rs. 10 lakh per cent. Yet Benny showed his yearly income as Rs. 5 lakh
and Rs. 5.5 lakh during the assessment years 2008-09 and 2009-10. Just five
land deals made Benny a millionaire in two years.
Rani also embarked
on an investment spree, purchasing 10.5 acres in Athirampuzha with her
relatives, including Abhilash T Chandran in 2007. Chandran is the son of
Thangappan, one of Balakrishnan’s six brothers.
Then there’s KG
Bhaskaran, younger brother of the former CJI, who is in the spotlight for
possessing property beyond his known sources of income. A senior government
pleader practising in the Kerala High Court, Bhaskaran reportedly purchased 50
acres of land in Dindigul, Tamil Nadu. In the light of allegations of having
illegally amassed property he was asked to go on leave from 4 January by
Kerala’s Advocate General CP Sudhakara Prasad. Bhaskaran, a former member of
the CPM, contested Assembly elections as a party candidate from Vaikom in 1977.
Bhaskaran was a
regular visitor to the Supreme Court during his elder brother’s tenure as the
CJI. He is also reportedly close to Justice Paul Daniel Dinakaran (currently
Chief Justice of Sikkim High Court and former Chief Justice of Karnataka High
Court) against whom serious allegations have been levelled of land grab in
No wonder, the
Kerala Vigilance Department is now probing all the assets acquired by
Balakrishnan’s family. Especially as the patriarch has not faded into the
sunset and is now heading a body tasked with bringing justice to those whose
human rights have been violated.
prosecutor caught on the wrong side of law
In 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.
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.
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 trap
| 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.
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
To keep the proceedings off the media glare, the bench decided to
take up the matter in chamber on July 14, when Vahanvati and other senior
advocates would make good their assistance to look for a way out of the
problematic situation. The petition said one Ashutosh Asthana, the
Central Nazir in the judgeship of Ghaziabad, had allegedly confessed before a
magistrate about his role in the PF scam and had allegedly mentioned the names
of 23 judges who were beneficiaries of the ill-gotten money.
PROTECTION OF WITNESSES IN CRIMINAL CASES
· JESSICA LAL MURDER CASE &
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
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
NOW? PROMOTIONS? The presiding judge of the court has overlooked
omissions & commissions by the prosecution and in a hurry closed
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
Now, take the gujarath riots case. In the first place riot took
under the active patronage of gujarath state government machinery.
Naturally the police , prosecutors & judges in gujarath were
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
to instill confidence , in the prime witness of best bakery case ,
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
judge. They don't even draw media attention as they are low profile.
Drastic reforms of criminal justice system in india is
Punishing the hostile witness is not the solution. Accountability of
investigating officers , police , prosecutors & judges is
come some police officials , public prosecutors & judges are
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
minister , about influencing a high court judge & fixing a case.
is the way our judiciary functions in india. Rewards for
judges – out of turn promotions, post retirement postings , postings
to kith & kin , land allotments , etc.
Accountability of judiciary & investigating agencies is the need
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
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
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
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
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
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 USA
Now 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
PIL Appeal & Show Cause Notice to
Supreme Court of India
In 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 ,
legally prosecute the jurisdictional police who changed the charge sheet
, who let out Main criminalAnderson illegally without orders from
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.
legally prosecute Indian Public Servants , who were responsible for withdrawing
the case from US Courts of Justice.
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
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.
Editorial : COURT JUDGEMENT FIXING IN COURTS
OF LAW / POLICE
STATIONS / GOVERNMENT
OFFICES - SATYAMEVA
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
SATYAMEVA JAYATE ?
Read & Answer :
JAI HIND. VANDE MATARAM.
Your’s sincerely ,
IB confirms Mysore sex scandal
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
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
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
CJ suspends copycat judges, wants report
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
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.
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
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
Magistrate issues arrest warrant against Indian
president after cash bribe.
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.
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.
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
Supreme Court has ordered an investigation into how an arrest warrant was
issued against the country's president and its top judges.
Chief Justice VN Khare asked India's top police body, the Central Bureau of
Investigation, to report its findings in a week.
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.
television journalist has told the court he secretly filmed a magistrate
accepting 40,000 rupees ($883) to issue the warrants.
apparently had not realised who they were, newspaper reports said on Thursday.
He has now been suspended from his duties.
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.
happening in Gujarat? By giving 40,000 rupees you can get a judicial
order," Chief Justice Khare is reported as saying.
is the state of affairs only God knows what will happen to the country,"
said he carried out the sting operation to expose corruption in India's
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
Lokayukta: DC demanded sex from widow
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.
Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was
the deputy commissioner of one of the districts when he demanded sex from the
widow in return for discharging his duties as public servant, has since been
promoted to a senior position.
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
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
court judge Ramrao Gangaram Bhise attempted to get sexual favours from a
housewife in 1997
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.
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.
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.
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.
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.
judge is indicted for seeking sexual favours
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
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.
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.
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.
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.
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.
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.’’
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.
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.
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.
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
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
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 firstname.lastname@example.org.
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
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
instances of Metropolitan Magistrates issuing bailable arrest warrants against
individuals of whose identitites he has no idea, in return for an inducement.
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.
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.
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
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.
People Pay Bribes
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.
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.
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.
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.
As some recent
high-profile cases have shown, witnesses are manipulated through money or force
into giving favourable testimony.
1. Use of
* 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
recordings of cout procedings should be maintained
2. Reduce the
alternative methods of dispute redressal to lighten burden on courts
number of judicial officers and number of fast track courts
* Create a
vigilance cell for redressal of public grievances
3. Making the
* Judges must
be subject to judicial review
* Judges must
follow a code of conduct
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
should declare their assets and those of their family
in the arrest procedure
-- By Anil
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.
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.
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.
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
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
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?
(Joint Committee on the Code of Criminal Procedure Bill, 1970, Evidence, Volume
II, p. 178).
In the wake of
allegations that former Chief Justice of India K G Balakrishnan’s relatives
have amassed property worth crores, a long-retired Supreme Court judge on
Monday demanded that the Centre initiate a probe against him.
appearing in the local media, former Supreme Court judge (retd) Justice V R
Krishna Iyer on Monday led calls for a thorough inquiry into the allegations a
day after a local TV news channel made the stunning expose.
“I myself feel
sad that I was a judge. I used to say that an era had begun when K G
Balakrishnan became the first Dalit chief justice. Now, I don’t feel that
way,’’ said the former Supreme Court judge.
He pointed out
that there were allegations against Balakrishnan’s daughter, son-in-law and
even mother-in-law. “A commission comprising chief justices should probe the
assets and bank balances of all of Balakrishnan’s relatives,’’ he said in
jurist and former Supreme Court judge, Justice Iyer urged Parliament and the
Prime Minister to appoint a high-powered commission to inquire into the issue.
“The President must require politely Balakrishnan to resign,” Justice Iyer said
of Justice Balakrishnan who is the National Human Rights Commission Chairman.
Justice Balakrishnan’s son-in-law P V Sreenijin, who is a member of the Kerala
Pradesh Congress Committee, had contested the 2006 Assembly election from the
Narakkal reserved constituency in Ernakulam district.
At that time,
while filing his nomination papers, Sreenijin had declared he possessed no
landed property and that his wife had only gold worth Rs 4.38 lakh and a little
over Rs 1 lakh in cash.
later, Sreenijin and his wife K B Sony, both lawyers, declared Rs 35 lakh while
filing their income tax returns. However, according to reports now, the couple,
who have not declared any sources of income other than their legal profession,
own property worth crores and are constructing a river-front resort in
these properties are worth many times more than the amounts for which they have
been registered. The CPM’s youth wing, the DYFI, has claimed that whatever
information had come out was only the tip of the ice-berg.
“We have more
evidence to prove that the former CJI’s relatives have property in Dubai,
Bangalore and Tamil Nadu. The needle of suspicion naturally points to Justice
Balakrishnan himself,’’ said DYFI state president and MP M B Rajesh.
refused to answer questions from mediapersons saying he will react later.
Justice Balakrishnan was also recently embroiled in a controversy over a letter
written by a Madras High Court judge to him complaining against former Telecom
minister A Raja having tried to influence him over phone.
record, Delhi-based journalist M Furquan in June this year petitioned
Vice-President Hamid Ansari for a CBI investigation against Balakrishnan and
his family “for finding out how much financial assets they have (allegedly)
accumulated since he took over as the CJI’’.
passed on the complaint to the Union Home Ministry which in turn handed it over
to the CBI. The complaint is reported to be with the CBI Kochi unit now.
TOO, YOUR HONOUR?
retired judge picked to probe the Karnataka land scams has a ‘tsunami of
scandals’ in his past, reports IMRAN KHAN
THINGS just seem to get worse. Under
pressure to quit for alleged corruption in land allotment, Karnataka Chief
Minister BS Yeddyurappa finally constituted a one-man commission to probe
alleged land scams since 1995. Yeddyurappa chose retired Karnataka High Court
judge, Justice B Padmaraj. The opposition, which was gunning for the chief
minister, appeared satisfied and stopped its campaign.
Padmaraj, it appears, has something in his past that ought to have disqualified
him from heading the probe. In 2007, a Joint Legislature Committee (JLC)
indicted Justice Padmaraj and 84 other HC and Supreme Court judges for owning
plots in the Karnataka State Judicial Department Employees House Building Co-operative
Society. According to the JLC, the society had created ‘an
all India record for being the mother of all illegalities’ and was
formed by ‘unleashing a tsunami of scandals’.
June 2006, the JLC was headed by AT Ramaswamy and had 14 MLAs and six MLCs. It
was entrusted with the objective of investigating land encroachments in
Bengaluru. The AT Ramaswamy report found that the society had violated the
Karnataka Land Reforms Act by acquiring 36 acres of private agricultural land
in Bengaluru North Taluk without prior permission of the government.
A Joint Legislature Committee indicted Justice Padmaraj
and 84 other judges in a 2007 land scam
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
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.
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.
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."
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
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
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.
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.
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.
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.
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.
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.
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.
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
No restrictions at Arthur Road jail, gangsters take leave
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
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.
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.
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.
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.
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
It also found that this practice had been going on at the jail for nearly three
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.
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.
revealed that none of the 45 undertrials sent their applications via the jail
officials. They were directly sent to court.
the authorities at Arthur Road jail failed to appeal against this.
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.
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.
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.
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.
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
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
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
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
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.
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
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
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.
* 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
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
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
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
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
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.
...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA
Professional / Trade Title : S.O.S - e – Clarion Of Dalit
Periodicity : WEEKLY
Circulation : FOR FREE
DISTRIBUTION ON WEB
Donations : NOT
ACCEPTED. Self financing . Never accepted any donations ,
subscriptions either for ourselves or on behalf of other organizations /
Monetary Gains : nil , never made any monetary
gain by way of advertisements on my websites or web news paper or otherwise.
Owner/Editor/Printer/Publisher : NAGARAJA.M.R.
Nationality : INDIAN
Body Donation : Physical Body of Nagaraja
M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is
donated to JSS Medical College , Mysore ( Donation No. 167 dated 22
/ 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands
of criminal nexus , my body must be handed over to JSS Medical
College , Mysore for the study purposes of medical students.
Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit
& S.O.S-e-Voice for Justice are donated to Mysore
Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the
hands of criminal nexus , my eyes must
be handed over to Mysore Eye Bank ,
Mysore WITHIN 6 Hours for immediate eye transplantation
to the needy.
Home page :
Contact : email@example.com , firstname.lastname@example.org ,
UID Aadhaar No : 5703 5339 3479
Cell : 0 9341820313
I ,NAGARAJA.M.R. hereby do declare that information given above are true
to the best of my knowledge & belief. If i am repeatedly called to police station or else
where for the sake of investigations , the losses i do incurr as a result like
loss of wages , transportation , job , etc must be borne by the government.
prevoiusly the police / IB personnel repeatedly called me the complainant
(sufferer of injustices) to police station for questioning , but never called
the guilty culprits even once to police station for questioning , as the
culprits are high & mighty . this type of one sided questioning must not be
done by police or investigating agencies . if anything untoward happens to me
or to my family members like loss of job , meeting with hit & run accidents
, loss of lives , death due to improper medical care , etc , the jurisdictional
police together with above mentioned accussed public servants will be responsible
for it. Even if criminal nexus levels fake charges , police file
fake cases against me or my dependents to silence me , this
complaint is & will be effective.
If I or my family
members or my dependents are denied our fundamental rights , human rights ,
denied proper medical care for ourselves , If anything untoward happens to me
or to my dependents or to my family
members - In such case Chief Justice of India
together with the jurisdictional revenue & police officials will
be responsible for it , in such case the government of
india is liable to pay Rs. one crore as compensation to survivors of
my family. if my whole family is eliminated by the criminal nexus ,then that
compensation money must be donated to Indian Army Welfare Fund. Afterwards ,
the money must be recovered by GOI as land arrears from the salary , pension ,
property , etc of guilty police officials , Judges , public servants &
date : 06.06.2012…………………………..Your's
place : India………………………………….Nagaraja.M.R.
CHIEF JUSTICE OF INDIA , UNION HOME MINISTER , LOKSABHA
SPEAKER , Dy Chairman of rajyasabha , PRESIDENT OF INDIA , GOVERNOR OF
KARNATAKA , CHIEF MINISTER OF KARNATAKA & DIRECTOR GENERAL OF
KARNATAKA POLICE ARE
AFRAID TO ANSWER &
Covering-Up Information leading
INFORMATION AS PER RTI ACT 2005
RULE 22 OF RTI ACT 2005 ) OF GOI
FULL NAME OF THE
APPLICANT : NAGARAJ.M.R.
ADDRESS OF THE
APPLICANT : NAGARAJ.M.R.,
EDITOR , SOS E-VOICE
JUSTICE & SOS E-CLARION OF DALIT ,
# LIG-2 / 761, OPP
WATER WORKS OFFICE,
HUDCO FIRST STAGE,
HEBBAL, MYSORE ,
KARNATAKA PIN – 570017.
DETAILS OF DOCUMENTS /
WRITTEN STATEMENTS / INFORMATION REQUIRED :
HEREBY , I DO HUMBLY
REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS
- WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I
AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL
STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE
VIOLATING PEOPLE'S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST
RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR
TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE
AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS
Hereby , we do
request PIO O/O Honourable Chief Justice of India , PIO , O/O
H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO
O/O Dy Chairman of Rajya Sabha , PIOs of Karnataka Raj Bhawan , Karnataka
CMO , Union Home Ministry GOI and DG & IG of Police of
Government of Karnataka to answer the following questions in public interest ,
for safeguarding national security , National unity & integrity &
to legally apprehend anti-nationals , criminals within the judiciary &
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
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
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 ?
CROSS EXAM OF
HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.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
MEGA FRAUD BY GOVERNMENT OF INDIA
are you ready to catch tax thieves ?
MOBILE PHONES , CURRENCY SCANDALS
reliance industry where is accountability ?
crimes at infosys campus
crimes by B.D.A against a poor woman
crimes of land mafia in India
currency thefts in RBI Press
killer colas & killer medicines of India
HONOR OF INDIAN
PALIAMENT FOR SALE
SHARMILA of Puttaparthi AP – pushpa kolasani on hunger strike in
anantapur district jail Andhra Pradesh
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
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
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
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 &
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
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
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
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted ,
guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges
including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits
to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court ,
what action is initiated against lower court judge for making unjust judgement
& meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are
made , why the accussed – judges are not subjected to tests like
"poly graph , lie detector , brain mapping , etc" , in the interest
of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the
members of "Karnataka state government judicial department house building
co-operative society". Then how come , many judges including supreme court
judges are admitted as members of this society & allotted prime residential
site worth crores of rupees for a few thousands by the said society at said
society's – judicial layout , yelahanka , Bangalore ? while the ordinary
members like peons , clerks in judicial department are waiting for a site since
years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government
or state government or government agency is one of the parties. How many judges
or their family members , have received out of turn , favourable allotments of
sites , gas agency , petrol pumps , etc by the government ? is not such
allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree
torture by police , is not the judge of the respective court which is handling
that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the
police officers for committing 3rd degree torture , on charges
of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the
candidatures to various vacancies in that court from the public vide
notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the
merit ranking list of selected candidates along with my merit ranking for the
post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures
to various vacancies in that court from the public vide notification no :
ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of
selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police
custody or judicial custody , is not the respective judge dealing that person's
case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody ,
for periods far exceeding the legally stipulated sentence periods. For example
: a pick-pocketer is in jail for one year , the judge finds him guilty of
offence & gives him 3 months sentence. What about the excess punishment of
9 months. Is not the judge responsible for the illegal , excess punishment of
the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds
them as innocents & acquits them of the charges. What about the prison
sentence , the innocent has already served ? is not the judge responsible for
this illegal , unjust punishment to an innocent ? remedy ? what action against
the judge ?
Q95. does the privileges of judges cover both their official actions & the
actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges
& their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges
, constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as
the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as
governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled
caste , scheduled tribe , other backward classes , minorities & women are
their in supreme court , state high courts & subordinate courts ? kindly
provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the
accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of
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
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
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
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 ,
Q124. the appeals made to the honourable supreme court of India , copies of
which are available at following web pages
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
Q134. in how many cases GOI & other state government continued with the
prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to
face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST
FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me
as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1
/ RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per
my rti request , he transferred my application to others , in turn they
transferred the application to some others. Finally , complete truthful information
was not given , why ? as the union home secretary has got copies of all those
replies in response to transferred RTI application , will he send me a
consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have
seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN
made a secret pact to win the case in favour of rich criminal , totally
manipulating prosecution witnesses , evidences & prosecution stand ,
totally making mockery of justice system . how you are ensuring the delivery of
justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout
more than the Prime Minister himself over the government of India being the
chair person of UPA. Is she legally permitted to summon confidential official
records , minutes of the cabinet , to hold the cabinet meeting of union
Q141. As per law , is she permitted to hold constitutional offices like prime
minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the
constitution (Article 21) ?
Q143. What are the privileges conferred on legislators & parliamentarians
by the constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned
constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed by
the constitution, above the privileges of the constitutional functionaries or
equal or below ?
Q149. Can the Indian legislatures & parliament be equated to the House of
commons in England which is considered to be a superior court and court of
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
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 ?
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
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
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.
YEAR TO WHICH ABOVE
PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2011 . SOME OF THE
DOCUMENTS ARE DATED BACK TO 1947.
OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
1. PIO , O/O Honorable
Chief Justice of India , Supreme Court of India , New Delhi.
2. PIO , O/O
H.E.Honorable President of India , Rashtrapathi Bhawan , New Delhi.
3. PIO O/O Honorable
Speaker of Lok Sabha , GOI , New Delhi.
4. PIO O/O Dy Chairman
of Rajya Sabha , GOI , New Delhi.
5. PIO , O/O Union
Home Minister ,GOI , New Delhi.
6. PIO , O/O
H.E.Honorable Governor of Karnataka , Raj Bhawan , Bangalore.
7. PIO , O/O Honorable
Chief Minister of Karnataka , CMO , Bangalore.
8. PIO , O/O DG &
IG of Police , Government of Karnataka ,Police HQ , Bangalore.
Fees Paid :
IPO 90E 787047 for rupees ten only.
IPO 90E 787048 for rupees ten only.
IPO 90E 787049 for rupees ten only.
IPO 90E 787050 for rupees ten only.
IPO 90E 787051 for rupees ten only.
IPO 56C 376730 for rupees 5 only + IPO 56C 376731 for rupees 5 only.
IPO 56C 376732 for rupees 5 only + IPO 56C 376733 for rupees 5 only.
IPO 56C 376734 for rupees 5 only + IPOIPO 56C 376735 for rupees 5 only.
Police Complaint dated 19.03.2011
Show Cause Notice Dated 19.03.2011
ABCD Lesson of Democracy.
DATE : 19.03.2011
PLACE : MYSORE ,
INDIA….. ……………………….( APPLICANT)
edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 / 761
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