Criminals as Judges
S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights
& Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.6 issue.29…… 18/07/2012
FINAL
SHOW-CAUSE NOTICE TO CHIEF JUSTICE OF INDIA , ALL MEMBERS OF INDIAN
PARLIAMENT ( MP ), MEMBERS OF LEGISLATIVE ASSEMBLIES (
MLA ) & others
In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.
To my numerous appeals , HRW's appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy "legal immunity privileges" ,why don't you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don't all of you are not appearing before the police voluntarily for enquiry ?at the least why don't all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.
there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a citizen of india.
you are hereby called upon to SHOW-CAUSE within 30 days , why you cann't be legally prosecuted for the above mentioned crimes .
If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , public servants & Constitutional fuctionaries. Thanking you.
Jai Hind , Vande Mataram.
Date : 15.07.2012……………………………………………..your's sincerely,
Place : Mysore , India………………………......................Nagaraja M R
‘Corrupt judges must
face the music’
Corruption exists in the Indian judiciary. A
few judges are inappropriately influenced in their decision making. Saying this
is A P Shah, former chief justice of the high courts of Madras and Delhi.
Shah lived up to his reputation for calling a
spade a spade on Saturday, when he delivered a speech on judicial appointments
and accountability at a function organized by the Nani Palkhivala Foundation
and the Govindh Swaminadhan Trust at the Music Academy .
"Corruption has spread its tentacles and
does not seem to be limited to conventional forms of bribery," he said.
Stating that judges guilty of misconduct should face prosecution, he said
judicial independence should not protect a judge from investigation and censure
for a valid charge.
The country remembers Justice Shah for his
orders in the Delhi high court decriminalizing 'unnatural sexual offences'
under Section 377 of IPC and ruling that the office of the Chief Justice of
India too was amenable to the RTI Act. But, Chennai remembers the no-nonsense
jurist for being instrumental in the removal of giant hoardings in the city.
Sitting with Justice K Chandru, he quashed the political exemption granted to
unauthorised buildings in the city, and it was because of his orders that many
public buildings today offer a barrier-free environment to disabled people.
On Thursday, Justice Shah spoke on judicial
accountability, servility, corruption, judicial independence and the need to
usher in a transparent process to select judges.
Lamenting the 'democratic deficit' in the way
judges are chosen on the basis of undisclosed criteria and circumstances,
Justice Shah said: "The present system of judicial appointments in the
constitutional courts exemplifies the misalignment between the core values of
judicial independence and accountability."
He discussed the US and the UK model of
appointing judges, but said a hybrid model where a judicial appointment
commission short-listing the names, which could be rejected only on specific
reasons, was most suitable for India.
Slamming the Judicial Standards and
Accountability Bill 2010, he said involving MPs in the procedure would
undermine the judicial independence. "If implemented in the present form,
the Bill would mark the beginning of the end of the judiciary," he said.
- VIVEK MALHOTRA
In every country the
judiciary comprises the third and in many ways the most important organ of the
governmental machinery. The executive and the legislature of course have a
vital role to play in the multifaceted task of governance, but in a federal set-up,
it is the judiciary that holds the balance. Lord Bryca, the famous British
Jurist and constitutional expert, rightly commented that there is no better
test of the excellence of a government than the efficiency of the judicial
system.
The judiciary is in
fact the guardian of the people's right; it protects these rights from
encroachments by the Government, public bodies and individuals. The liberty of
the people, so vital in a democracy, gets endangered if there is no totally
independent judiciary commanding the highest conceivable degree of credibility.
If the judges, are not men of integrity and sound moral character, public
confidence in the judiciary cannot be ensured.
It is this public trust and credibility that
is now threatened as a result of certain improprieties, indiscretions and even
acts of direct and indirect corruption, by certain judges. No one., least of
all the framers of India's carefully devised Constitution, envisaged a
situation in which the judiciary would get exposed to charges of corruption.
The recent acts of colleagues here and abroad but also by all people everywhere
who cherish high moral principles and the values on which our polity is
supposed to be based.
Until recently, talk
of the threat of collapse of the judicial system was linked with the unbearable
work load of the judges at various levels, caused by the frightening
backing of cases together with the ceaseless flow of new ones.
The delays in
getting justice from the courts are proverbial. Even six decades after
independence there is no sign of the speedy, inexpensive justice which the
Founding Father of the Republic and other leaders envisaged. Some people even
fear that a time may come when disputes will be settled through extra judicial
means, as has happened in certain areas of Bihar.
Among the causes of
the scandalous delay are the complicated court procedures, the needlessly
lengthy and adjournments (generally sought by the lawyers) themselves in
order to enhance their incomes), the heavy pressure of work necessitating long
intervals between hearings, the facility of lodging appeals to high
courts, the inadequate number of judges and the numerous holidays. Two lack
fresh cases are filed in the various courts each year while the
disposal rate does not exceed 9,000. The work load of all courts - subordinate,
High or Supreme is doubling every seven years.
The former Chief
Justice of India, expressed anguish over the failure of the judicial system to
meet the needs and expectations of the public for the justice and redress in
private disputes or against the Government. All members of the judiciary,
especially judges of the High courts are expected to be scrupulously honest and
men of integrity. Unfortunately, several senior judges of the Mumbai High
Court have become controversial figures.
Judicial independence
has been enshrined in the Constitution under Article 124. A judge's salary or
other service conditions cannot be altered to his disadvantages. He cannot be
removed from office, save through the arduous process of impeachment which
requires approval of a two-thirds majority of ach House of Parliament. To
get this is indeed a difficulty task. This independence has enabled the Courts
to invalidate several unconstitutional laws passed by the legislatures
affecting the rights and liberties of the citizens or the Press. Judicial
independence , however, should no got to the extent of making judges
irresponsible or unconcerned about the proper performance of their duties and
their accountability for their actions and indulging in graft.
There seems to be a nexus between the sudden
fall in the credibility of the judiciary and the increasing politicization of
the process of appointment of judges in which lobbying in the corridors of
power rather than knowledge of law and character was found to be quite
effective. Unless the executive sheds its power of having the final voice in
judicial appointments and transfers, the situation cannot improve.
The Judge's conference
thought if the existing system was worked in the true sprit, it could prove
more useful. To ensure that malpractices do no creep in, it wants that the
Chief Justice of India's role should not be merely consultative as at present
but it must be laid down that his concurrence is necessary for appointments and
transfers. Also in the case of appointment of High Court Judges, it
is the Chief Justice of the High Court who should
recommended the name and the Chief Minister should only be consulted.
In essence, it is politic and political influence that lead to
miscarriage and denial of justice and even corruption.
The living conditions
and economic status of some judges are started to pathetic. But could be
any justification for indulging in corruption - the every evil of
judiciary is expected to check. in this connection, the suggestion of a
top anti-corruption drive expert that there should be an inter-judiciary or
in-house body, which may be called 'Board of Judicial Ethics' is a sound of
one.
Who Will Judge the
JUDGES ?
Mr.Arvind Kejriwal
& Mr.Winston Churchill are Almost RIGHT - Criminals have entered
Indian Parliament -
Legislate LOKPAL Bill
With whole hearted
respects to the parliament & all constitutional bodies , hereby we are
appealing to the honest few in public service , honest few in parliament ,
honest few in judiciary & honest few in police , to legally prosecute their
corrupt colleagues , to legislate “ LOKPAL BILL” with
full powers to enforce accountability of all public servants , MPs , MLAs
, Police , etc to the citizens of india. Contempt of Parliament &
other constitutional bodies is being made by some of the Corrupt MPs
themselves. Therby these MPs are making contempt of Indian Parliament , 105
crore Indian citizens , Constitution of India and Obstructing the Indian
Citizens from performing their FUNDAMENTAL DUTIES to uphold constituion of
india , it's dignity. These Corrupt Public Servants are doing more damges to
India's National Unity & Integrity than naxals & terrorists .
These Corrupt Public Servants are more deadlier & greater threat to india
than Pakistan & China. The honest few in parliament & other
constitutional bodies are either keeping mum or not taking appropriate steps to
intiate criminal legal prosecution against their corrupt colleagues , this is
aiding those criminals to do more crimes , to go unpunished , to manipulate
legal system , to manipulate evidences / records , to get acquitted by courts
for lack of evidences , to influence police to withdraw cases against them or
to file B reports , etc. In these ways the corrupt public servants will never
be convicted , they will be either stay as accussed or acquitted for lack
of evidences or government withdraws cases against them or police file B
report.
Citizens of india are
supreme in democratic republic of india. parliament , MPs , MLAs are creations
of citizens and are subservient , subordinate to the citizens of india.
Creations cann’t be supreme than the creator.
Vohra committee has
officially acknowledged the criminalization of politics , parliament ,
legislatures. The politicians crave for power because , while in power
investigating / prosecuting agencies will be under their control / influence
and they can manipulate the legal process , WHITE WASHING all their crimes.
Just see , recently union home minister Mr.Chidambaram influencing the
delhi police for closing a cheating case against a builder by forcing the
police to file “B” report. Recent example read vijaya karnataka kannada daily
dated 14.04.2012 lokayukta police favoring ex-CM Yediyurappa &
Minister Somanna tried to close a case before lokayukta court by filing B
Report although enough evidences are there to prosecute Ex CM & Minister .
Politicians stoop low to such levels , to make money Ex : irregularities
in purchase of coffins meant for kargil martyrs , allotment of flats
meant for war widows , war veterans at Mumbai.
If proper
accountability of public servants is legally enacted, independence , autonomy
of judiciary & police is legally enacted , then those in power cann’t
WHITE WASH their own crimes. That is the reason many political parties are
opposing “LOKPAL BILL” since decades under many pretexts.
Subject to
conditions , I do offer my services to the government of india & supreme
court of india , to legally apprehend CRIMINALS , CORRUPT PUBLIC
SERVANTS , ARE YOU READY to utilize our services ?
JANLOKPAL BILL - Need for Accountability of VVIPS
While
drafting our constitution of india , drafting
members - freedom fighters themselves assumed
that in future also the persons who will occupy constituional
positions will be sincere & of high impeccable integrity. However
they were proved wrong. Late Prime Minister of Great Britain Mr.Winston
Churchill has been proved right.
"Power will go to
the hands of rascals, , rogues and freebooters. All Indian leaders will be of
low calibre and men of straw. They will have sweet tongues and silly
hearts. They will fight among themselves for power and will be lost
in political squabbles . A day would come when even air & water will be
taxed." Sir Winston made this statement in the House of Commons just
before the independence of India & Pakistan.
Nowadays ,
criminals have entered into public service , working as
police , magistrates , etc. Criminals have become MPs , MLAs and are also
working as Cabinet Ministers . Criminals have become
judges , some of them have become supreme court judges.
End
result CRIMINALS POLICING THE OTHER
CRIMINALS , CRIMINALS DRAFTING LAWS ,
CRIMINALS JUDGING OTHERS.
Even there are
cases of irregularities , illegaliteies by
Prime Minister of India and Irregularities , illegalities
committed by supreme court of india judges . Example
: JMM MPs bribery case , CWG Scam , 2G Scam , Bofors Scandal ,
etc and Bhopal Gas Tragedy Judgement fixing
by then chief justice of india by way of alteration
of charges , financial irregularities , illegal dealings
by supreme court judges , etc.
In this backdrop ,
continuing with legal immunity to Prime minister of india , supreme
court judges or any constitutional persons is nothing but blanket
clearance to those VVIPs to commit more crimes , more
anti-national acts wthout the fear of Law or Legal
Prosecution.
THIS LEGAL IMMUNITY IS & WILL BE
AGAINST THE
BASIC CONSTITUTIONAL LETTER & SPIRIT OF EQUALITY & EQUITABLE JUSTICE.
Are not some
of the cabinet minsiters , so called constitutional
experts , great advocates aware of this fundamental
violation of constitution of india. Ofcourse , these advocates
rightly fight for , take the cases of poor , commonman , they usually take
cases of MNCs , Big time criminals , etc. Let these
constitutional experts show us a single government hospital without
corruption . Let the light of
our constitution shine on our learned
friends in the parliament belonging to all political parties.
Corruption is there in every political party , in the same way there
are very few honest persons in all political parties , judiciary ,
police & public service. Why you are afraid of accountability to
people , while you are enjoying 5-star luxurious lifestyles at tax
payer’s expense ?
If you are
so sincere READ ARTICLES / CASE at following web
pages & ANSWER :
Judgements for SALE in India
Cross Examination
of Loksabha Speaker & RajyaSabha Dy Chairman
Parliamentary Privilege
or Cover-up of Crimes
Threats to RTI Applicant
& Judgement Fixing
Honour of Indian Parliament
for SALE
FUNDAMENTAL RIGHTS OF CITIZENS
Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA
Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.
1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?
a) Inside the House b) Outside the House
3) 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.
4) 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.
5) Are the privileges defined & codified ?
6) Are these privileges above freedom of the press ?
7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?
8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?
9) 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 ?
10) 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 ?
11) 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.
12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?
13) 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 ?
14) 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. ?
15) 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 ?
16) 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 ?
17) 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) ?
18) 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 ?
19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?
20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?
21) 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 ?.
22) What is the criteria for admitting a P.I.L. & giving free legal aid ?
23) Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Shame
to Corrupt Judges of India
Editorial : Legal prosecution of cruel & inhuman STF police personnel
- An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA
- An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA
During
“catch forest brigand veerappan operation” , Special Task Force
police personnel , illegally arrested , detained , tortured &
murdered innocent tribal people of both tamil nadu & Karnataka states.
NHRC has clearly noted the crimes of STF personnel & ordered both
Karnataka & tamil nadu governments to pay compensation to victims of
police atrocities. However still some of these victims are not yet
paid compensation by these governments , why ? also , the government
instead of legally prosecuting guilty police officers on murder
charges , has given awards & promotion to guilty inhuman police
officers. Is the government sending a message that 3rd degree torture
& murders in lock-up / fake encounters is acceptable & legal ? is it
equitable justice ? is there one set of law for police & another for
common people ?
police personnel , illegally arrested , detained , tortured &
murdered innocent tribal people of both tamil nadu & Karnataka states.
NHRC has clearly noted the crimes of STF personnel & ordered both
Karnataka & tamil nadu governments to pay compensation to victims of
police atrocities. However still some of these victims are not yet
paid compensation by these governments , why ? also , the government
instead of legally prosecuting guilty police officers on murder
charges , has given awards & promotion to guilty inhuman police
officers. Is the government sending a message that 3rd degree torture
& murders in lock-up / fake encounters is acceptable & legal ? is it
equitable justice ? is there one set of law for police & another for
common people ?
Hereby
, we do once again request your kindself , to dismiss guilty
police officials from police service , to withhold their pension
benefits , to legally prosecute them on charges of murders of
innocent tribal people & on charges of attempt to murder innocent
tribal people by 3rd degree torture methods. Hereby , we also request
you to make public JUSTICE A.J. SADA SHIVA COMMISSION’s findings
about atrocities by STF personnel.
police officials from police service , to withhold their pension
benefits , to legally prosecute them on charges of murders of
innocent tribal people & on charges of attempt to murder innocent
tribal people by 3rd degree torture methods. Hereby , we also request
you to make public JUSTICE A.J. SADA SHIVA COMMISSION’s findings
about atrocities by STF personnel.
To
order the prison authorities to subject the four convicts, accomplices of
Veerappan to Narco analysis & Bran mapping tests in a fair manner with
unbiased questionnaire.
So that truth will come out about Ex-Minister Nagappa's Murder
case, Amount of Ransoms paid during all kidnap episodes including Movie star Raj Kumar's kidnap episode. Truth will come out about the Minister M.L.As. M.Ps. Police & Forest Officials who have stacked away riches by helping him. Truth will come about Granite quarry owners who helped him. Truth will come out about traders, merchants who traded in goods , sandal wood , Ivory supplied by forest brigand Veerappan.
To order the Govt of Karnataka , to make public the Justice A J
Sadashiva's commission's final report & complete proceedings . Then the truth will come out, how the STF personnel, police tortured tribal people at a place called WORK SHOP IN M M HILLS how they gang raped tribal women repeatedly for days together, how they burnt their breasts, how they pushed sticks smeared with chilli sambar powder into their anus. How the police tied men folk upside down from the ceiling . How many died, unable to bear the shame & torture ? Are not these brutal inhuman STF police personnel fit to be hanged till death, along with four accomplices of Veerappan ?
To order the National Human Rights Commission to make public the findings of its independent enquiry conducted about the police torture on tribal people. Violations of human rights of tribal people in the forest brigand veerappan's Territory i.e. M M Hills.
Jai
Hind. Vande Mataram.
Your’s
Sincerely,
Nagaraja.M.R.
The
United Nations International Day in Support of Victims of Torture – 26
June is held annually on 26 June to speak out against the crime
of torture and to honour and support victims
and survivors throughout the world.
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This is a day on which
we pay our respects to those who have endured the unimaginable. This is an
occasion for the world to speak up against the unspeakable. It is long
overdue that a day be dedicated to remembering and supporting the many
victims and survivors of torture around the world.
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—Former United Nations Secretary-General Kofi Annan[1]
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At a time when the
legitimate aspirations of people in many regions of the world for greater
freedom, dignity and a better life are too often met with violence and
repression, I urge States to respect the fundamental rights of all people.
Torture and other forms of cruel, degrading and inhuman treatment and punishment,
wherever they occur and whatever the circumstances, can never be justified.
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International Torture day in Support of
Torture Victims- 26th June
United
Nations has designated 26thJune as the International Day
Against Torture to emphasize the importance of the right to personal
dignity and security of all individuals around the world, guaranteed within the
Universal Declaration of Human Rights.
It is the anniversary of a landmark event in the fight for human rights. It is meant to commemorate the adoption of the Convention Against Torture by the United Nations General Assembly. In India June 26 has a special significance as in 1975 on this day the dreaded EMERGENCY was declared.
In October 1997, the Government of India signed the Convention Against Torture (CAT) making the following statement: "The Convention corresponds to the ethos of Indian democracy, rule of law, individual freedom, personal liberty and security enshrined in Indian polity. Signature of the Convention Against Torture by India is an important milestone in the process of India's continued commitment to fundamental and human rights of all persons and directive principles of national policy. Ratification of the Convention is to follow." Yet, torture continues to be a part of the administrative system in many parts of our country. Over the last decade, there has been mounting evidence that torture has become an institutionalised practice within India.
Center for Enquiry into Health and Allied Themes (CEHAT), commemorated the International day in support of torture victims by staging company theatre's play ' voices' in the University campus, kalina in Mumbai. The play depicted various forms of torture. After the play, a discussion was held on the issue of torture and human rights. Students largely felt that India should ratify the Convention against Torture (CAT) Snaps of the play
This convention bans torture under all circumstances and establishes the UN Committee against Torture. In particular, it defines torture, requires states to take effective legal and other measures to prevent torture, declares that no state of emergency, other external threats, nor orders from a superior officer or authority may be invoked to justify torture. It forbids countries to return a refugee to his country if there is reason to believe he/she will be tortured, and requires host countries to consider the human rights record of the person's native country in making this decision.
The CAT requires states to make torture illegal and provide appropriate punishment for those who commit torture. It requires states to assert jurisdiction when torture is committed within their jurisdiction, either investigate and prosecute themselves, or upon proper request extradite suspects to face trial before another competent court. It also requires states to cooperate with any civil proceedings against accused torturers.
Each state is obliged to provide training to law enforcement and military on torture prevention, keep its interrogation methods under review, and promptly investigate any allegations that its officials have committed torture in the course of their official duties. It must ensure that individuals who allege that someone has committed torture against them are permitted to make and official complaint and have it investigated, and, if the complaint is proven, receive compensation, including full medical treatment and payments to survivors if the victim dies as a result of torture. It forbids states to admit into evidence during a trial any confession or statement made during or as a result of torture. It also forbids activities which do not rise to the level of torture, but which constitute cruel or degrading treatment. The second part of the Convention establishes the Committee Against Torture, and sets out the rules on its membership and activities.
CEHAT strongly believes that Toture is a health and Human rights issue. It is a slow process that is designed to render its victim helpless, dependent and devoid of all human qualities. Torture destroys the sense of self; it confuses right and wrong; any belief in the stability of the world is taken away; "truth" becomes a word without meaning. Methods of torture are limited only by the fiendish fantasies of those whose business it is to break others down. Physical methods include beating, electric shock (especially to the genitals), stretching (as on a rack), asphyxiation techniques such as submersion in contaminated water and smothering with plastic, burning, blows to the ears, forced standing or forms of suspension, sexual assault of men and women, sometimes with trained dogs. Psychological methods include sensory deprivation, anonymity and dehumanizing experiences, exposure to the sounds/sight of others being tortured. Physical effects are both acute and chronic. Physicians may see survivors with symptoms and disabilities related to their torture experiences. Some typical debilitating symptoms include: sleeplessness, headache, fatigue, chronic musculoskeletal pains, gastrointestinal problems, neurologic disorders, and sexual dysfunction. The long-term psychological effects of torture may be manifested by symptoms of post-traumatic stress disorder, depression, anxiety and alcohol/substance abuse.
India is signatory to the Convention Against Torture (CAT), and while it is yet to ratify the instrument, the signature implies an intention to eventually incorporate the provisions of the Convention into domestic law. The Convention specifically prohibits the use of torture, obliging every State Party to “take effective legal, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”
Article 21 of the Constitution of India provides that “[n]o person shall be deprived of his life and liberty except according to procedure established by law”. The right to life in Article 21 of the Constitution of India does not mean mere survival or existence. It encompasses the right to live with dignity. Torture is inflicted with the aim of degrading a person and involves the violation of dignity. It therefore falls within the ambit of Article 21. Further safeguards are provided under other articles of the Constitution. Under Article 20(3), no person accused of any offence can be compelled to be a witness against himself. Article 22 (1) and (2) provide that a person who is arrested must be informed as soon as may be of the grounds of his arrest. The person also has the right to consult a lawyer of his choice. An arrested person must be produced before the nearest magistrate within 24 hours of his arrest.
The Code of Criminal Procedure (CrPC) also requires the production of accused before court within 24 hours. Section 54 of the CrPC gives the arrestee the right to be medically examined. No statement of a witness recorded by a police officer, according to Section 162 of the CrPC, can be used for any purpose other than contradicting such a statement. Thus admission of guilt before a police officer is not admissible in a court of law. Section 164 of the CrPC requires that the magistrate must ensure that a confession by the accused is voluntary. Sections 330 and 331 of the Indian Penal Code (IPC) make it a penal offence to cause hurt to a person in order to extract a confession.
A victim of torture by the police is entitled to move the Supreme Court of India under Article 32 of the Constitution or the concerned High Court under Article 226. The Supreme Court and different High Courts have entertained various writ petitions alleging police torture of prisoners. According to the Supreme Court, any form of torture or cruel, inhuman or degrading treatment fall within the ambit of Article 21 of the Constitution – whether be it during interrogation, investigation or otherwise. A person does not shed his fundamental right to life when he is arrested. Article 21 cannot be denied to arrested persons or prisoners in custody (D K Basu v State of West Bengal).
On this day CEHAT demanded that INDIA RATIFIES THE CONVENTION AGAINST TORTURE AND MEETS ALL STATE OBLIGATIONS AS MANDATED IN THE CONVENTION
It is the anniversary of a landmark event in the fight for human rights. It is meant to commemorate the adoption of the Convention Against Torture by the United Nations General Assembly. In India June 26 has a special significance as in 1975 on this day the dreaded EMERGENCY was declared.
In October 1997, the Government of India signed the Convention Against Torture (CAT) making the following statement: "The Convention corresponds to the ethos of Indian democracy, rule of law, individual freedom, personal liberty and security enshrined in Indian polity. Signature of the Convention Against Torture by India is an important milestone in the process of India's continued commitment to fundamental and human rights of all persons and directive principles of national policy. Ratification of the Convention is to follow." Yet, torture continues to be a part of the administrative system in many parts of our country. Over the last decade, there has been mounting evidence that torture has become an institutionalised practice within India.
Center for Enquiry into Health and Allied Themes (CEHAT), commemorated the International day in support of torture victims by staging company theatre's play ' voices' in the University campus, kalina in Mumbai. The play depicted various forms of torture. After the play, a discussion was held on the issue of torture and human rights. Students largely felt that India should ratify the Convention against Torture (CAT) Snaps of the play
This convention bans torture under all circumstances and establishes the UN Committee against Torture. In particular, it defines torture, requires states to take effective legal and other measures to prevent torture, declares that no state of emergency, other external threats, nor orders from a superior officer or authority may be invoked to justify torture. It forbids countries to return a refugee to his country if there is reason to believe he/she will be tortured, and requires host countries to consider the human rights record of the person's native country in making this decision.
The CAT requires states to make torture illegal and provide appropriate punishment for those who commit torture. It requires states to assert jurisdiction when torture is committed within their jurisdiction, either investigate and prosecute themselves, or upon proper request extradite suspects to face trial before another competent court. It also requires states to cooperate with any civil proceedings against accused torturers.
Each state is obliged to provide training to law enforcement and military on torture prevention, keep its interrogation methods under review, and promptly investigate any allegations that its officials have committed torture in the course of their official duties. It must ensure that individuals who allege that someone has committed torture against them are permitted to make and official complaint and have it investigated, and, if the complaint is proven, receive compensation, including full medical treatment and payments to survivors if the victim dies as a result of torture. It forbids states to admit into evidence during a trial any confession or statement made during or as a result of torture. It also forbids activities which do not rise to the level of torture, but which constitute cruel or degrading treatment. The second part of the Convention establishes the Committee Against Torture, and sets out the rules on its membership and activities.
CEHAT strongly believes that Toture is a health and Human rights issue. It is a slow process that is designed to render its victim helpless, dependent and devoid of all human qualities. Torture destroys the sense of self; it confuses right and wrong; any belief in the stability of the world is taken away; "truth" becomes a word without meaning. Methods of torture are limited only by the fiendish fantasies of those whose business it is to break others down. Physical methods include beating, electric shock (especially to the genitals), stretching (as on a rack), asphyxiation techniques such as submersion in contaminated water and smothering with plastic, burning, blows to the ears, forced standing or forms of suspension, sexual assault of men and women, sometimes with trained dogs. Psychological methods include sensory deprivation, anonymity and dehumanizing experiences, exposure to the sounds/sight of others being tortured. Physical effects are both acute and chronic. Physicians may see survivors with symptoms and disabilities related to their torture experiences. Some typical debilitating symptoms include: sleeplessness, headache, fatigue, chronic musculoskeletal pains, gastrointestinal problems, neurologic disorders, and sexual dysfunction. The long-term psychological effects of torture may be manifested by symptoms of post-traumatic stress disorder, depression, anxiety and alcohol/substance abuse.
India is signatory to the Convention Against Torture (CAT), and while it is yet to ratify the instrument, the signature implies an intention to eventually incorporate the provisions of the Convention into domestic law. The Convention specifically prohibits the use of torture, obliging every State Party to “take effective legal, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”
Article 21 of the Constitution of India provides that “[n]o person shall be deprived of his life and liberty except according to procedure established by law”. The right to life in Article 21 of the Constitution of India does not mean mere survival or existence. It encompasses the right to live with dignity. Torture is inflicted with the aim of degrading a person and involves the violation of dignity. It therefore falls within the ambit of Article 21. Further safeguards are provided under other articles of the Constitution. Under Article 20(3), no person accused of any offence can be compelled to be a witness against himself. Article 22 (1) and (2) provide that a person who is arrested must be informed as soon as may be of the grounds of his arrest. The person also has the right to consult a lawyer of his choice. An arrested person must be produced before the nearest magistrate within 24 hours of his arrest.
The Code of Criminal Procedure (CrPC) also requires the production of accused before court within 24 hours. Section 54 of the CrPC gives the arrestee the right to be medically examined. No statement of a witness recorded by a police officer, according to Section 162 of the CrPC, can be used for any purpose other than contradicting such a statement. Thus admission of guilt before a police officer is not admissible in a court of law. Section 164 of the CrPC requires that the magistrate must ensure that a confession by the accused is voluntary. Sections 330 and 331 of the Indian Penal Code (IPC) make it a penal offence to cause hurt to a person in order to extract a confession.
A victim of torture by the police is entitled to move the Supreme Court of India under Article 32 of the Constitution or the concerned High Court under Article 226. The Supreme Court and different High Courts have entertained various writ petitions alleging police torture of prisoners. According to the Supreme Court, any form of torture or cruel, inhuman or degrading treatment fall within the ambit of Article 21 of the Constitution – whether be it during interrogation, investigation or otherwise. A person does not shed his fundamental right to life when he is arrested. Article 21 cannot be denied to arrested persons or prisoners in custody (D K Basu v State of West Bengal).
On this day CEHAT demanded that INDIA RATIFIES THE CONVENTION AGAINST TORTURE AND MEETS ALL STATE OBLIGATIONS AS MANDATED IN THE CONVENTION
Prosecute Chief Justice of India
AEROPLANE RIDES FOR CORRUPT POLICE
& CORRUPT JUDGES OF INDIA
TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE
IN INDIA - Gross violations of human rights by police
TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE
IN INDIA - Gross violations of human rights by police
We
condemn the cruel practices , murders committed by Naxalites &
Terrorists. The Cruelty by Naxalites , Terrorists does not legally
authorize law enforcing agencies to commit cruelty , murders in
retaliation , an eye for an eye. We are a democratic republic.
It
is utter shame , that a suspected female maoist person
was tortured by police inspite of strictures issued by the presiding judge.
Refer the LAWS OF JUNGLE in The Week dated 01.01.2012. Here
the presiding judge of the court failed to ensure the safety of a suspect
inspite of her repeated appeals to the court. The Police showed utter
contempt to the orders of the court & subjected the suspect to third
degree torture. The Judge & Police in the said case attempted to
murder the suspect by way of third degree torture . If the suspect
is convicted by the court about her crimes , let the court
punish her as per legal provisions. Who are police to punish her ? is it not
the duty of presiding judge of a case to ensure safety of both
parties & witnesses thereof ? Why not the legal prosecution of
guilty judge & police for above crimes ? Why not third degree torture ,
aero-plane rides for the guilty judge & police ?
Aeroplane is the most cruelest form of 3rd degree torture perpetrated
by police on suspects. Many innocent people have confessed to crimes
hey have not at all committed unable to bear the torture , pain. Many
innocents have been murdered in lock-ups by police during these type
of 3rd degree torture. Even if we go by the logic of police that
criminals only sing under torture & they rightly deserve it , when a
petty criminal stealing Rs.10000 is fit for "AEROPLANE TORTURE" ,
what about criminals stealing crores of rupees , what about corrupt
police who aid tens of such big time criminals by filing B-report ,
by putting weak case of prosecution , by delaying tactics allowing
for destruction of evidences , etc , what about judges who acquits big
time criminals , who give judicial orders while they are in a drunken
state , who acquit big criminals by conducting hearings even on dates
of government holidays (concocted). ARE NOT THESE CORRUPT POLICE &
JUDGES FIT FOR "BUSINESS CLASS AEROPLANE RIDE TORTURE as per the
same logic of police.
Aeroplane is the most cruelest form of 3rd degree torture perpetrated
by police on suspects. Many innocent people have confessed to crimes
hey have not at all committed unable to bear the torture , pain. Many
innocents have been murdered in lock-ups by police during these type
of 3rd degree torture. Even if we go by the logic of police that
criminals only sing under torture & they rightly deserve it , when a
petty criminal stealing Rs.10000 is fit for "AEROPLANE TORTURE" ,
what about criminals stealing crores of rupees , what about corrupt
police who aid tens of such big time criminals by filing B-report ,
by putting weak case of prosecution , by delaying tactics allowing
for destruction of evidences , etc , what about judges who acquits big
time criminals , who give judicial orders while they are in a drunken
state , who acquit big criminals by conducting hearings even on dates
of government holidays (concocted). ARE NOT THESE CORRUPT POLICE &
JUDGES FIT FOR "BUSINESS CLASS AEROPLANE RIDE TORTURE as per the
same logic of police.
Why
not 3rd degree torture of Chief Justice of
India , Union Home Secretary and DG & IG of Police
for Karnataka who are NOT
ANSWERING our RTI questions ?
At the outset , e - Voice salutes the few honest police personnel who
are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute
them & pay our respects to them and hereby appeal to those few honest
to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like
"Sherlock holmes" and apprehend the real criminals. nowadays , when
police are under various pressures , stresses - they are frequently
using 3rd degree torture methods on innocents. Mainly there are 3
reasons for this :
1) when the investigating officer (I.O) lacks the brains of
Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture
on
innocents.
2) When the I.O is biased towards rich , powerful crooks , to
frame
innocents & to extract false confessions from them , 3rd degree
torture
is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results - under work stress I.O uses 3rd
degree torture on innocents.
Nowhere in statuette books , police are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill them.
There is a reasoning among some sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100's
of crores of public money - like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don't police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a
pick-pocketer to recover hundred rupees stolen ? double standards by
police.
In media we have seen numerous cases of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don't police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas , before
rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.
Torture in any form by anybody is inhuman & illegal. For the purpose
of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
Hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd
degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service
and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching government
contribution as compensation to family of the victim's of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted
from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to
forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude
&
knack for investigations.
12) To insulate police from interference from politicians &
superiors.
13) To make police force answerable to a neutral apex body instead
of
political bosses. Such body must be empowered to deal with all service
matters of police.
14) The political bosses & the society must treat police in a
humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
biggies
& must be put on detective , investigative works.
Nowadays , we are seeing reports of corruption by police & judges in
the media and are also seeing reports of raids by vigilance
authorities seizing crores of wealth from such corrupt police. Some
Judges have also amassed crores of wealth. Who gives them money ? it
is rich criminals , anti-nationals . By taking bribe & hiding the
crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating
agencies that all for the sake of national security , what degree of
torture these corrupt , anti-national police & judges qualify for ?
what type of aeroplane or helicopter the corrupt police / judges must
ride ? ofcourse , for protection of national security. Here also
police & judges have double standards , what a shame.
We at e – voice are for "Rule of Law" & abhor all type of violence.
Truly these police & judges are not building a Ram Rajya of our
Mahatma Gandhi's dream.
Jai Hind. Vande Mataram.
Your's sincerely,
Nagaraj.M.R.
CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially
enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs ,
drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the
following
information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are
facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
officials?
3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?
4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e - voice is ready to bring to book corrupt police officials subject
to
conditions, are you ready ?
8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?
India’s secret torture chambers
by syednazakat
They
are our own Gitmos. Where, far away from the prying eyes of the law, ‘enemies
of the state’ are made to ‘sing’. Life inside India’s joint interrogation cells
can scar people for life. THE WEEK investigates
By
Syed Nazakat
Little
Terrorist, as the intelligence sleuths came to call him, turned out to be a
hard nut to crack. No amount of torture would work on 20-year-old Mohammed
Issa, who was picked up from Delhi on February 5, 2006. The Delhi Police
believed that he had a hotline to Lashkar-e-Toiba deputy chief Zaki-ur-Rehman
Lakhwi, who later masterminded the 26/11 attack on Mumbai. At a secret
detention centre in Delhi, the police and intelligence officers tried every
single torture method in their arsenal—from electric shock to sleep
deprivation—to make Issa sing. He stuck to his original line: that he had come
from Nepal to visit a relative in Delhi. Only, they refused believe him.
According
to the police, the youth from Uttar Pradesh, who had moved to Nepal in 2000
along with his family after his father, Irfan Ahmed, was accused in a terrorism
case, returned to India to set up Lashkar modules in the national capital. More
than six months after he was picked up, the police announced his arrest on
August 14. He has since been shifted to the Tihar jail. His lawyer N.D.
Pancholi said Issa was kept in illegal custody for months. If not, let the police
say where he was between February 5 and August 15, he challenged.
Issa
could have been detained in any of Delhi’s joint interrogation centres, used by
the police and intelligence agencies to extract precious information from the
detainees using methods frowned upon by the law. As one top police officer told
THE WEEK in the course of our investigation, these torture chambers spread
across the country are our “precious assets”. They are our own little
Guantanamo Bays or Gitmos (where the US tortures terror suspects from
Afghanistan and elsewhere for information).
Not
many admit their existence, because doing so could result in human rights
activists knocking at their doors and bad press for the smartly dressed
intelligence men. It is a murky and dangerous world, according to K.S.
Subramanian, Tripura’s former director-general of police, who has also served
in the Intelligence Bureau. “Such sites exist and are being used to detain and
interrogate suspected terrorists and it has been going on for a long time,” he
told THE WEEK. “Even senior police officers are reluctant to talk about the
system.” So are people who have been to these virtual hells that officially do
not exist.
THE
WEEK has identified 15 such secret interrogation centres—three each in Mumbai,
Delhi and Jammu and Kashmir, two each in Kolkata and Gujarat and one each in
Rajasthan and Assam. (One detention centre that is shared by all security and
law enforcement agencies is the one in Palanpur, close to the Indo-Pak border
in Rajasthan.) Their locations have been arrived at after speaking to serving
and retired top officers who had helped set up some of these facilities. Those
who have spent time in these places had no idea where they are. They were taken
blindfolded and were allowed no visitors. The only faces they got to see were
those of the interrogators, day in and day out.
The
biggest of the three detention centres in Mumbai, the Aarey Colony facility in
Goregaon, has four rooms. The Anti-Terrorism Squad questioned Saeed Khan (name
changed), one of the accused in the Malegaon blasts of September 2006, here. He
was served food at irregular intervals (led to temporary disorientation) and
was denied sleep. Another secret detention centre maintained in the city by the
ATS at Kalachowky has a sound-proof room. Sohail Shaikh, accused in the July
2006 train bombings, was held here for close to two months. “He was kept in
isolation for days together,” said an officer. “He crumbled after being
subjected to hostile sessions. Intentional infliction of suffering does not
always yield immediate results. Sometimes you have to wait for many days for
the detainee to break. It is a tedious process.” The smallest of the three
facilities at Chembur has just two rooms.
Parvez
Ahmed Radoo, 30, of Baramula district in Kashmir, was illegally detained in
Delhi for over a month for allegedly trying to plot mass murder in the national
capital on behalf of the Jaish-e-Mohammed. The Delhi Police’s chargesheet says
he was arrested from the Azadpur fruit market in Delhi on October 14, 2006. But
according to Parvez’s flight itinerary, he travelled from Srinagar to Delhi on
September 12 on Spice Jet flight 850. The flight landed at Delhi airport at
12.10 p.m. He had to catch another flight at 1.30 p.m. (Spice Jet flight 217)
to Pune, where, according to his parents, he was going to pursue his Ph.D. But
he never boarded the Pune flight as he disappeared from the Delhi airport.
Parvez
wrote an open letter from the Tihar jail, where he is currently held, in which
he said he was arrested from the airport on September 12 and kept in custody
for a month. Apparently, he was first taken to the Lodhi Colony police station
and then to an apartment in Dwarka, where electrodes were attached to his
genitals and power was switched on. (Delhi’s secret detention centres are
located at Dwarka in south-west Delhi, the Interstate Cell of the Crime Branch
in Chanakyapuri in central Delhi, and the Lodhi Colony police station in south
Delhi.)
“After
my arrest on September 12, I was taken to Pune, where I was shown pictures of
many Kashmiri boys,” Parvez said in the letter, which is in the possession of
THE WEEK. “They wanted me to identify them. As I didn’t know any one of them,
they brought me to Delhi again and threw me into the torture chamber of Lodhi
Road [sic] police station. They took off my clothes and started beating me like
an animal, so ruthlessly that my feet and fingers started bleeding. I was later
forced to clean the blood-stained floor with my underwear. They gave me
electric shocks and stretched my legs to extreme limits, resulting in internal
haemorrhage. I started passing blood with my urine and stool. Later I was
shifted to one flat in Dwarka. From the adjacent flats, voices of crying and
screaming had been coming, indicating presence of other persons being
tortured.”
Throughout
his detention, wrote Parvez, he was asked to lie to his parents that everything
was fine. In the letter he also gave the mobile number from which the calls
were made—9960565152. His family is trying to collect the call site details of
the number to prove his illegal detention.
Delhi-based
journalist Iftikhar Geelani, who spent nine days in the Lodhi Colony police
station after his arrest in 2002 on spying charges, is yet to get over the
traumatic experience. “There are lock-ups with such low ceilings that a person
will not be able to stand,” he said. “There is an interrogation centre within
the police station where people are brutally tortured with cables, and some are
completely undressed and abused. They also have a facility to raise the
temperature of the cell to a point where it is unbearable and then suddenly
bring it down to freezing cold.”
Assistant
Commissioner Rajan Bhagat, spokesman for the Delhi Police, denied the existence
of such facilities. “Nobody ever asked me the question [about secret detention
centres],” he said. “We don’t operate any such facility in our police
stations.”
But
Maloy Krishna Dhar, former joint director of the IB, confirmed the existence of
secret detention centres in Delhi and other parts of the country. He was
convinced that detention outside the police station and torture are an
inevitable part of the war on terrorism. “Now I would never dream of doing the
things I did when I was in charge,” said Dhar. “But security agencies need such
facilities.” Interrogating suspected terrorists at secret detention centres, he
said, is the most effective way to gather intelligence. “If you produce a
suspect before court, he will never give you anything after that,” he said. In
other words, once you record the arrest you are within the realm of the law and
you have to acknowledge the rights of the accused-arrested and contend with his
lawyer.
An
officer who worked in one of the detention centres admitted that extreme
physical and psychological torture, based loosely on the regime in Guantanamo
Bay, is used to extract information from the detainees. It includes assault on
the senses (pounding the ear with loud and disturbing music) and sleep
deprivation, keeping prisoners naked to degrade and humiliate them, and
forcibly administering drugs through the rectum to further break down their
dignity. “The interrogators isolate key operatives so that the interrogator is
the only person they see each day,” he said. “In extreme cases we use pethidine
injections. It will make a person crazy.”
Molvi
Iqbal from Uttar Pradesh, a suspected member of the Harkat-ul-Jihadi-Islami who
is currently lodged in Tihar, was held at a secret detention centre for two
months according to his relatives. They alleged that during interrogation a
chip was implanted under his skin so that his movements could be tracked if he
tried to escape. “He fears that the chip is still inside his skin,” said one of
his relatives. “That has shattered him.”
Kolkata
has its own Gitmos in Bhabani Bhawan, the headquarters of the Criminal
Investigation Department, and the Alipore Retreat in Tollygunj, a large
bungalow that is said to have 20 rooms. They were bursting at the seams at the
height of the Naxalite movement, but are more or less quiet now. “A large
number of innocent people, as well as suspected terrorists, have disappeared
after being taken to such secret detention centres,” said Kirity Roy, a
Kolkata-based human rights lawyer. “Their bodies would later be found, if at
all, in the fields.”
That
was how militancy was tackled, first in Punjab and then in Kashmir. Today no
secret prison exists in Kashmir officially after the notorious Papa-2
interrogation centre was closed down. But secret torture cells thrive across
the state. The most notorious ones are the Cargo Special Operation Group (SOG)
camp in Haftchinar area in Srinagar and Humhama in Budgam district. Then there
are the joint interrogation centres in Khanabal area of Anantnag district and
Talab Tillo and Poonch areas in Jammu region. Detentions at JICs could last
months. Lawyers in Kashmir have filed 15,000 petitions since 1990 seeking the
whereabouts of the detainees and the charges against them without avail.
The
most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, who was
picked by the SOG from Alucha Bagh area in Srinagar on May 18. His family
alleged that he was chained up, hung upside down from the ceiling and
ruthlessly beaten up. He died the same night. Following public outrage, the
officer in charge of the camp was dismissed from the service in June.
Maqbool
Sahil, a Srinagar-based photojournalist who was held at Hariniwas interrogation
centre for 15 days, says it is a miracle that he is alive today. “If you tell
them [interrogators] you are innocent, they will torture you so ruthlessly that
you will break down and confess to anything,” he says.
Human
rights organisations are understandably concerned. Navaz Kotwal, coordinator of
the Commonwealth Human Rights Initiative, said that there should be an open
debate on the illegal detention centres. “The US had a debate on the Gitmos.
Our government should come forward and respond to these allegations,” he said.
No
one wants to compromise the nation’s safety, but the torture becomes
unbearable, and questionable, when innocent people like the 14-year-old boy
Irfan suffer (see box on page ). The security of the country and its people is
important and terrorism should be crushed at all cost. But the largest
democracy in the world should also ensure that human rights are not violated.
Dhar
defended the secret prison system, arguing that the successful defence of the
country required that the security establishment be empowered to hold and
interrogate suspected terrorists for as long as necessary and without
restrictions imposed by the legal system. “The primary mission of the agencies
is to save the nation both by overt and covert means from any terrorist
threat,” he said. “But to keep the programme secret is a horrible burden.”
with Anupam Dasgupta
(The Week, July 12, 2009)
INTERVIEW//K.S. Subramanian, former director general of police,
Tripura
“It is a murky business”
By Syed Nazakat
Former
director general of police, Tripura, Dr K.S. Subramanian, can be called an
insider. He has served in the Intelligence Bureau, worked as director in the
research and policy division of the home ministry and has been chief of
intelligence in the troubled northeast. In an interview with THE WEEK, he
shares his knowledge about the illegal detention centres in India. He is
frustrated over the shadowy work of some police officers and over incidents
like the killing of 59 innocent people, which the police called a naxal
encounter. He recalls how a senior IPS officer shouted at ‘naxalites’ in a
conference and said, “When I hear you people talk, I wish I had brought my
revolver!” Excerpts.
There
are allegations that suspected terrorists are being detained illegally in and
out of police stations and tortured.
Unfortunately,
priority is given to peace and order at the cost of law and justice, which might
have led to the emergence of such facilities.
Have
you come across such facilities during your service?
It
is likely that such sites do exist and are used to detain and interrogate
suspected terrorists. Perhaps they have existed for long. However, the Union
home ministry is handicapped with regard to the information it receives on many
issues of internal security. The IB, manned entirely by the IPS at the top, and
the state police agencies are its main source of information. Often, their
reports are biased and inadequate for policy formulation. I can cite many
instances. In terrorist-related cases, the police may feel an incentive to
describe people as terrorists and kill them for professional reasons and career
advancement.
Who
controls these illegal detention centres? What was your experience in the home
ministry?
It
is a murky business. Senior police officers would be hesitant to talk about the
system in operation. The ministry of home affairs does not directly handle such
operations; they are the task of agencies like the RAW and the IB. Public
awareness about such activities can help check such illegalities, but you know
that recently even agencies of advanced democracies such as the US have come to
adverse notice for running such centres. President Obama has been courageous
about admitting the unethical nature of such facilities in the US and trying to
close them down. There is scope for a healthy debate on such issues in a
vibrant democracy such as ours.
Many
die inside these torture chambers.
Last
year, the NGO People’s Watch brought out a disturbing report on police torture,
which showed, after an extensive study in several states, that about 1.8
million people, most of them belonging to SC/ST communities, minorities and
women, are victim to police torture every year in India. Shockingly, there has
been no official refutation of this important report so far. I remember when I
was director in the Union ministry of home affairs [between 1980 and 1985],
there was a series of incidents in a north Indian state in which, according to
the press, a large number of so called naxalites were killed in police action.
There was uproar in Parliament. The state police and the central IB maintained
that only 12 people were killed, and that all of them were naxalites.
However,
when the state chief secretary was asked to come to the Union home ministry for
a discussion, he frankly admitted that no less than 59 people were killed in
these incidents and that none of them was a naxalite! Most of those killed were
members of a local peasant organisation fighting for social justice under the
Constitution and other laws of the land.
Many
argue that to ensure peace, the country requires that the security
establishment be empowered to hold and interrogate suspected terrorists for as
long as necessary and without restrictions imposed by the legal system. Do you
agree?
I
know there is the fear of terrorism, and it’s a different world. But
maintaining our moral compass during these difficult times, and the integrity
of who we are as people, is enormously critical. So to me, this isn’t
just about illegal detention. It’s about the policies still in place that can
contribute to establishment of our Gitmos.
How
can the police deal with terrorism and at the same time uphold rule of law and
human rights?
There
are set rules for the police to follow. But the problem is that there is a
tendency among some officers to believe that while dealing with suspected
terrorists, they are not obliged to follow constitutional methods. Our leaders
may say we don’t believe in torture, but many in our intelligence and police
agencies think there is a place for torture in the investigation of cases,
especially terrorist related. There is a need for attitudinal change in many
police officers.
(The Week, July 12, 2009)
Little Terrorist
By Syed Nazakat in Delhi
The
playful spark of a 14-year-old is missing in Irfan’s eyes. Instead there is
helplessness, pain, horror and a lurking fear. The dark shades could make him
anything—a crusader, a criminal or plain timid. The training ground was a
forlorn torture chamber somewhere in Gujarat.
The boy was picked up on May 25 last year allegedly by the Gujarat Police, who were in fact looking for his father, Mohammed Azhar. Irfan still remembers the white Tavera (GCIG-4522) that screeched to a halt in front of him as he was trying to cross the road outside his shop in Seelampur. Two men got out, held a pistol to his head and pushed him into the car. Later, they pinned him down with their feet, kicked him in the torso and slapped him several times. And when he tried to speak, he got a sharp jab in the ribs.
Lying on the floor of the car, the boy had no idea where he was being taken. His captors drove whole day and night and finally he was pulled out from the car into a detention centre, which had two black cells. He was dumped into one of them. There were no windows in the cell, yet from the honking of the vehicles and the occasional noise of a crowd, he guessed the place to be not far from the city.
The detention was almost a Guantanamo or an Abu Ghraib from his narration. His interrogators wore civilian dress, but were near cannibals in attitude. Irfan was interrogated by a tall person, whose name he doesn’t remember. “The man would brutally beat me up and tell me, ‘As long as your father does not surrender, we will not let you go’.”
The boy was picked up on May 25 last year allegedly by the Gujarat Police, who were in fact looking for his father, Mohammed Azhar. Irfan still remembers the white Tavera (GCIG-4522) that screeched to a halt in front of him as he was trying to cross the road outside his shop in Seelampur. Two men got out, held a pistol to his head and pushed him into the car. Later, they pinned him down with their feet, kicked him in the torso and slapped him several times. And when he tried to speak, he got a sharp jab in the ribs.
Lying on the floor of the car, the boy had no idea where he was being taken. His captors drove whole day and night and finally he was pulled out from the car into a detention centre, which had two black cells. He was dumped into one of them. There were no windows in the cell, yet from the honking of the vehicles and the occasional noise of a crowd, he guessed the place to be not far from the city.
The detention was almost a Guantanamo or an Abu Ghraib from his narration. His interrogators wore civilian dress, but were near cannibals in attitude. Irfan was interrogated by a tall person, whose name he doesn’t remember. “The man would brutally beat me up and tell me, ‘As long as your father does not surrender, we will not let you go’.”
Back
home, Irfan’s mother, Tasleema, was frantically searching for him. Fortunately,
his friends had seen the number plate of the Tavera. The family complained to
the Seelampur police station, and three days later, Tasleema was told that her
son was in the custody of Gujarat Police in Ahmedabad.She then filed a habeas
corpus petition before the Delhi High Court, which directed the police to
release the boy. Thus, after 10 days of detention, Irfan was brought back and
released. On the court’s direction, the Seelampur police have lodged an FIR
against the Gujarat Police.
Irfan’s
tiny body is now a shambles. His mother says she was shattered when she heard
about the torture her son had to bear. “Since his release, he is being treated
for abdominal pain and discomfort,” she says. The boy’s ordeal has not ended
yet. His family gets threat calls from the Gujarat Police, warning them not to
appear before the court. Irfan’s father hasn’t yet returned home, making his
family prone to more police harassment.
A day before the last hearing in the case, the police raided his home at 3 a.m. “We have lodged a report against the Gujarat Police,” Tasleema says. The Seelampur police station refused to comment on the case, but confirmed that an FIR has been filed against the Gujarat Police.
We got to know of the depth of Irfan’s fear only when we got up to leave. With tears in his eyes, he pleaded for our help. “Please save me from the police,” he says. He fears they might any day return for him.
(Name of the boy has been changed to protect identity)
A day before the last hearing in the case, the police raided his home at 3 a.m. “We have lodged a report against the Gujarat Police,” Tasleema says. The Seelampur police station refused to comment on the case, but confirmed that an FIR has been filed against the Gujarat Police.
We got to know of the depth of Irfan’s fear only when we got up to leave. With tears in his eyes, he pleaded for our help. “Please save me from the police,” he says. He fears they might any day return for him.
(Name of the boy has been changed to protect identity)
(THE WEEK, July12, 2009)
Fifteen days of horror
By Maqbool Sahil
Once I was inside my cell, I wondered aloud: Where am I? A voice filtering through the slit in the steel door told me that I was in the Hariniwas interrogation chamber in Kashmir. I was picked up on September 16, 2006, by the Counter Insurgency Kashmir [a special wing of J&K Police that deals with terrorism-related cases] which accused me of spying for Pakistan. My family was not informed about my arrest.
When the interrogation started, I was least prepared for the ordeal. They bombarded me with questions: Who else is working with you for Pakistan? To whom are you sending pictures from Kashmir [he is a photo-journalist]? When they did not get the answers they wanted, the torture intensified. I was subjected to sleep deprivation and was denied food for the first three days. I was kicked and beaten with a rubber baton. They then chained my hands and left me hanging from the top of a door. They told me in no uncertain terms that unless I confessed that I was spying for Pakistan, I would not see my family again. I cried often. Sometimes I thought I would die in that dark torture cell and no one would ever know about it.
On the fifth day, my feet were manacled and I was ruthlessly beaten up. I then heard somebody outside say, “Don’t worry, I will make him speak.” I peered through the slit in the door and found that it was Senior Superintendent of Police Ashkhoor Wani, who headed the CIK. As a journalist I knew him for years. He was notorious but I had never imagined that one day I would become his prey.
The torture started afresh. My hands were tied behind with a rope, one end of which was rolled over a metal pipe fixed to the ceiling. They pulled the rope and I was hanging in mid-air. It was very painful. I felt as if my brain was going to burst. Every time I was subjected to this torture, I collapsed and lost consciousness. The torture would then stop, only to restart when I regained consciousness. When they tired of it, they stretched my legs wide and the balls of the joints were displaced. I could not walk properly for six months after that.
There were over 30 people detained there. I didn’t know where they were from. But they all were terrified and silent. After 15 days, the CIK prepared a dossier on me and I was detained under the Public Safety Act for over three years. I was released in January after the police failed to press charges against me in court.
The
detention facility has since been shifted to Humhama area in Budgam district.
As told to Syed Nazakat
As told to Syed Nazakat
What Kind Of System Needs To Torture Prisoners?
By Li Onesto
01 August, 2011
Revcom.us
Revcom.us
The
courageous struggle of the prisoners at Pelican Bay should make many more
people sit up and take notice and ask—and find the answers to—some important
questions about the U.S. prison system.
Why does the U.S. , which has 5% of the world's population, have
25% of its prisoners?
Why has the number of prisoners in the U.S. gone from half a
million in 1980 to over 2.3 million in the last three decades?
Why are so many of those incarcerated in the U.S. people of color?
And why does the U.S. routinely carry out torture in its prisons?
The
truth of the matter—and the bigger context for the inhumane conditions in
maximum security units like the Pelican Bay Prison SHU—is that this system,
with its police, laws, courts, and prisons is using mass
incarceration to enforce oppressive economic and social relations,
especially in terms of the systematic subjugation of Black people as a people.
And I really encourage people to read the special Revolution issue
on prisons, “From the Hellholes of Incarceration to a Future of Emancipation,”
which provides a deep analysis of mass incarceration in the United States.
This
system of U.S. capitalism, from its very inception , has, in
large part, been built on and developed by carrying out the most brutal
oppression of Native Americans, Black people and other people of color.
This
oppression has been woven into the whole fabric of U.S.
society, from the days of slavery until today. It has been and is an integral
part of the economic and social structure in this country. White supremacy has
and continues to maintain Black people in a subjugated position in every aspect
of society. And all this has created, and today still maintains a “master
class” of white people and a “pariah class” of Black people.
In
this way, the systematic oppression of Black and other people of color has
been, and continues to be, part of the very glue that holds U.S. society
together—even as it has gone through different changes and been enforced in
different ways. The outright ownership of Black people under slavery gave way
to Jim Crow segregation and Ku Klux Klan terror. And now we have what has been
called “the new Jim Crow” of police brutality and murder and the mass
incarceration of hundreds of thousands of Black people.
The
subjugation of Black people is a pillar of this system—a part of the economic
and social relations in society, and white supremacy is a key element in the
dominant ideology. And this is why this system cannot get rid of the oppression
of Black people—because to do so would mean tearing up and undermining the whole
economic, social and ideological/culture basis of U.S. society.
Why has there been such a drastic increase in the U.S. prison
population? This has never been in
response to crime—crime rates have actually gone down over the last three
decades. This has been about control and suppression. It started in response to
the mass upsurges among Black people in the '60s—which shook the system and had
a huge impact throughout society. At the same time, globalization and
de-industrialization had devastated the inner cities and millions of Black
people, especially the youth, who could no longer be profitably employed, were
seen by this system as an unwanted, volatile “surplus” that had to be
controlled. Concessions from the system, like programs that were supposed to address
poverty and inequality, were being snatched back, leading to further
impoverishment.
As
the special Revolution issue on the oppression of Black people
said, “Two things were at work: the needs of capital, which continued to gain
advantage from racist discrimination and ghetto-ization of millions of
African-Americans; and the necessity of the capitalists to not disrupt—and in
fact to reassert and reinforce with a vengeance — the social glue of white
supremacy—the ways in which the lie of the ‘master class' were so integral to
so many people's understanding of ‘being American.'” (“The Oppression of Black
People, The Crimes of This System and the Revolution We Need.”)
U.S.
imperialism needed the subjugation of Black people more than ever, but could no
longer do this in the naked, openly racist forms it had in the old Jim Crow. It
is in this context that in 1969, H.R. Haldeman, President Nixon's top
assistant, wrote in his diary that “[Nixon] emphasized that you have to face
the fact that the whole problem is really the blacks. The key is to devise a
system that recognizes this while not appearing to.” It is in this context that
the “war on drugs” was launched—which has been the biggest factor behind the
exponential rise in mass incarceration.
Why are prisoners routinely tortured in U.S. prisons? The kind of extreme torture being carried out in
places like the Pelican Bay SHU is a function of the whole way this system has
criminalized, demonized and dehumanized a whole section of society. It has to
do with repressing those who this system fears; those this
system sees have the potential to rise up against their
conditions of oppression in a way that would really challenge their rule. The
kind of torture being carried out in the Pelican Bay SHU serves as a brutal way
to control those in prison. And it has a broader effect of mass terror against
Black people throughout society.
The
terror carried out by KKK lynch mobs in the South meant that any Black
person had to walk in fear. Today, police brutality and murder, the practice of
racial profiling and random “stop and frisk”; and mass incarceration targeting
Black people and all the terror that entails—means that today any Black
person has to walk in fear.
Today,
mass incarceration is the leading edge of the oppression of Black people. This
continues to have a devastating impact on those who are imprisoned: Many lives
are ruined; many youth are literally thrown away, their potential wasted. It is
almost impossible for those this system has branded a “felon” to make any kind
of life for themselves if they ever get out of prison. Having a criminal record
means you will face legal discrimination in things like employment and
housing for the rest of your life. All this is not only
horrible for the individuals involved—it is a terrible thing for society. And
all this has a broader devastating effect on mothers, fathers, spouses,
children, and other loved ones; on the Black community as a whole. The “war on
drugs”—and all it means in terms of taking away the rights and ability of Black
people to get jobs, decent housing, etc.—is a way to continue the oppression of
Black people, but with the veneer and appearance of equality.
The
United States goes around claiming it is the “leader of the free world” and
protector of democracy and human rights. But the prisoners' hunger strike has
objectively exposed the complete illegitimacy and hypocrisy of
this system. This system is responsible for the torture of
prisoners. The very needs and workings of this system have led to the mass incarceration
of so many Black and Latino people. And getting rid of this system is the only
way we can get to a whole different kind of society where there will no longer
be the living hell of mass incarceration and the people as a whole can be truly
liberated.
Revolution
#241, July 31, 2011 ( revcom.us )
Li
Onesto is the author of Dispatches from the People's War in Nepal and
a writer for Revolution newspaper ( www.revcom.us ).
She can be contacted at: lionesto@gmail.com
Police reform and guide lines of National Human Right Commission
The police does not have right to take the life of any person. If
by his act, the policeman kills a person, he commits an offence of culpable
homicide or culpable homicide amounting to murder unless such killing is not an
offence under the law. Under the criminal law prevailing in India, nothing is
an offence which is done in exercise of right of private defence (section
96-106 of Indian Penal Code). But the right given under these sections of
Indian Penal Code is not absolute right and they can be exercised under the
restriction given in section 99 and 104 of same Act.
Section 46 of criminal procedure code empowers the police officer
to use reasonable force, even extending up to causing death, if found necessary
to arrest the person accused of an offence punishable with death or
imprisonment of life. Thus, it is evident that death caused in an encounter, if
not justify, would amount to an offence of culpable homicide.
So causing death of any person without reasons can not be
justified. India is a welfare state and our constitution provides right to life
and personal liberty. It includes living with human dignity. It is the duty of
state to ensure the fundamental rights for every person.
However the torture of police has been increasing very rapidly
from the last decade. The police encounter, custodial death, custodial rape,
and the atrocities of police are day to day news. To reduce these events the
Janta Party Govenmenat set up Soli Sorabji Panel, but before submission of the
report the government fell down and the report had not been enforced and the
arbitrariness of police had been promoted in every state. Recently Times of
India news paper published that largest number of custodial death was
registered in UP.
On 22nd September,
2006 the Supreme Court of India in case of Prakash Singh vs
Union of India in its historical decision ordered wide reformation
in police organization.
Due
to its impact the police organization would be able to work without political
influential and adequate reformation can be made in law and order. It would
help in reducing atrocities. Faced with Supreme Court directives to implement the
much delayed police reforms, union government has set in motion the
process to bring a new police act, incorporating the suggestion of the Soli
Sorabji Panel. The report has called for drastic changes in the 145 year old
police act to introduce fixed two year tenure for police officers down the line
from DGP to SHO, as well as separation of maintenance of law and order from
crime investigation, duties.
Police law is continuing from the period of British which is based
on police regulation Act, 1861. The object of police administration was to
quash the Indian before independence and to maintain the English rule, but
today the police administration is the part of India as a welfare state. So
there is need to do basic change in Indian police system. The ‘police’ are the
subject comes under state list of seventh schedule. Its provision is given in
art. 245. So it is the subject of state and it is the responsibility of state
to reform the police system. Following are the main points under police
reformation:
•
The
main objects of these reformations are to establish the accountability and
sensitivity of police towards people which should be conducted through rule of
law.
•
The second object of these reformations is to fix the tenure of
police
officers. Their tenure is fixed for two year.
•
The
selection procedure of DGP should be transparent and recommendation of their
promotion should be made by Board of Public Services Commission (BPSC).
•
The
State Government has been ordered to establish a state security commission, so
that the State Government may not pressurize the police. This commission will
ensure that the police will work according to constitution and law of country.
•
There
shall be a Police Establishment Board in each state which shall decide all transfers,
postions, promotions and other services related matters of officers of and
below the rank of Dy.S.P. The State Government may interfere with the decision
of the Board in exceptional cases, only after recording its reasons for doing
so.
•
There shall be Police Complaint Authority at district level to
look into the
complaints
against police officer of and up to the rank of Dy.S.P. Similarly there
should be another Police Complaints Authority at the state level to look into
complaints against officers of the rank of S.P. and above. The district level
authority may be headed by retired district judge and the state level authority
is headed by retired judge of High Court.
•
The
National Government shall also set up a national level commission at the union
level to prepare a panel for being placed before the appropriate appointing
authority for selection and placement of chief of central police organization,
who should be given a minimum tenure of two years.
As
per the amendment made in criminal procedure code, section 176 makes the
provision that if any dies or disappear or rape is alleged to have been
committed on any women, when such person or women is in the custody of police
or in any other custody authorized by magistrate or court under this code in addition
to the inquiry or investigation held by police , any inquiry shall be held by
Judicial Magistrate or Metropolitan Magistrate as the case may be within whose
jurisdiction the offence has been committed. The Judicial Magistrate or
Metropolitan Magistrate or Executive Magistrate or police officer holding an
inquiry or investigation shall within 24 hours of death of such person, forward
the body of deceased with a view to its being examined to the nearest civil
surgeon or other qualified medical person appointed in this behalf by the state
government unless it is not possible to so for reasons to be recorded in
writing.
Apart from this, National Human Right Commission issued guide
lines to all chief secretaries of state and administration of union territories
in dealing with death occurring in encounters with police on 29/03/1997 and on
2/12/2003 a revised guidelines have been issued and it was emphasized that
state must send information to the commission of all cases of death arising out
of police encounters. Following are the revised guidelines:
•
When
the police officer in charge o f a police station receives information about
the death in an encounter between the police party and others, he shall enter
that information in the appropriate register.
•
Where
the police officer belonging to the same police station are members of the
encounter party, whose action resulted in death, it is desirable that such
cases are made over for investigation to some other independent investigating
agency, such as State CBCID. •
Whenever
a specific complaint is made against the police alleging commission of a
criminal act on their part, which makes out a cognizable case of culpable
homicide, am FIR to this effect must be registered under appropriate sections
of the IPC. Such case shall invariably be investigated by State CBCID.
•
A magisterial inquiry must invariably be held in all cases of
death which occur in the course of police action. The next of kin of the
deceased must invariably be associated in such inquiry.
•
Prompt
prosecution and disciplinary action must be initiated against all delinquent
officers found guilty in the magisterial enquiry/ police investigation.
•
Question of granting compensation to the dependents of the
deceased
would depend upon the facts and circumstances of each case.
•
No
out of turn promotion or instant gallantry rewards shall be bestowed on the
concerned officers soon after the occurrence. It must be ensured at all costs
that such reward are given / recommended only when the gallantry of the concerned
officers is established beyond doubt.
•
A
six monthly statement of all case of death in police action in the State shall
be sent by the Director General of Police to the Commission so as to reach its
office by the 15th of January and July respectively. The statement may be sent
in the following format along with the postmortem reports and inquest reports
wherever available and also the inquiry reports:
1. Date and place of occurrence
2. Police station and district
3.
Circumstances leading to deaths
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii.In the course of effecting arrest.
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii.In the course of effecting arrest.
4.
Brief facts of the incident
5. Criminal case no.
6. Finding of the magisterial inquiry by senior officers
5. Criminal case no.
6. Finding of the magisterial inquiry by senior officers
a. disclosing in particular names and designation of police
officials, if found responsible for the death; and
b. whether use of force was justified and action taken was
lawful.
Along with above guidelines the then CJI send their request to all
the state and territories
to adhere these guidelines in letter and spirit both.
National projects on torture in India: demands that
•
Ratified the un convention against torture and its optional
protocol
•
Enact legislation to prevent corporal punishment in schools.
•
Enact a domestic legislation that makes torture a punishable
offence and provides
for the protection and care of victims and witnesses.
•
Enforce strict implementation of the Preventation Of Atrocities
Act,1989
•
Establish District Human Right Courts under the protection of Human
Right Act,
1993
Now
the time has come to reform the entire police system to prevent the police
torture of innocent people. The constitution of India establishes the India as
a welfare state, which can be achieved only after following the police
reformation and implement the ruling of the apex court. The police should be
people friendly. The efforts should be made at every level and the parliament
should pass the law and new Police Act should be made by parliamentarians. This
will be helpful in reducing the police torture and it will fulfill the real
sense of policing.
The
wife of slain forest brigand Veerappan, V Muthulakshmi, has sought a detailed
CBI probe into alleged atrocities committed on tribals and villagers in MM
Hills by personnel of the Special Task Force constituted to nab her husband in
the 1990s.
Muthulakshmi
welcomed the recent Karnataka high court order striking down Shankar M Bidari's
appointment as DG&IG. "But there is still need for a CBI probe into
STF atrocities; he was a commandant of that force," she said on Friday.
She
alleged Bidari and his team had tortured women, who had no connection with
Veerappan, including her. "He administered electric shocks to parts of my
body which I cannot even explain. Many women took
their lives, orphaning their children," she said.
Muthulakshmi
alleged that the film being made on her husband's life - 'Attahasa' (in
Kannada) and 'Vamayudham' (Tamil version) - by filmmaker MR Ramesh, is full of
lies. She has approached Madras high court seeking a stay on its making.
"The film infringes on my right to privacy," she added.
'He was a good man'
"Avar
Nallavar (He was a nice man)," Muthulakshmi said about her husband,
brigand Veerappan, eight years after he was killed in police action.
"It
is politicians and police who spoiled him. I know those netas but do not want
to take their names," she told TOI. "I am not saying he was
faultless. He had shot a few elephants for ivory and axed some sandalwood
trees. But he also planted sandalwood saplings, saying the forest shouldn't be
emptied," she said.
In a scathing verdict, Karnataka High Court today struck down
appointment of Shankar Bidari as state DGP and IG, describing him as
"worse than Saddam Hussain or Muammar Gaddafi" for alleged atrocities
committed by the STF led by him during the hunt to nab forest brigand
Veerappan.
Dismissing
as "without merit and substance", petitions by the government and
Bidari, challenging the CAT order, the division bench headed by Justice N Kumar
held his empanelment by UPSC and consequent appointment as "void and
illegal."
Upholding
the verdict of Central Administrative Tribunal the court said "in the
facts of the case, we cannot find any infirmity in the said decision. It is
just".
It
struck down Bidari's contentions "absolving himself of the
responsibility" of atrocities by stating he was only Deputy Commander of
the Joint Task Force of Karnataka and Tamil Nadu to nab Veerappan and not
"omnipresent and omnipotent like Saddam Hussain or Muammar Gaddafi."
"Though
he was not one of them, if what the two women (tribals) have said in their
affidavit is true, he is worse than them" (Saddam Hussain and Muamar
Gadaffi),the court said in its acerbic observations.
The
court directed the government should relieve Bidari forthwith and appoint A R
Infant in his place. "Otherwise they are answerable to the public of the
state".
The
court dismissed the memo filed by the government seeking a one week stay of the
order. It observed "if the state government has any respect for the rule
of law, womanhood, human rights, concern for the downtrodden, tribals, and
socially backward communities of the state, they should relieve the third
respondent (Bidari) forthwith and appoint the applicant (A R Infant) in that
place."
On
March 16, CAT had set aside Bidari's appointment as DGP and IG and ruled that
Infant should be appointed ad hoc police chief till the government decides on
the new appointment.
CAT
said government should prepare a fresh list of senior IPS officers and send it
to UPSC, which would suggest three names for the top post.
On
the court verdict, Infant told PTI "I am lucky that my case was tried by
judges with great conviction, both at CAT and High Court. I admire their
courage of conviction".
Observing
that Chief Minister should have used his discretion while exercising his
absolute power in selecting Bidari for the post, the court stated
"......but such discretionary power must be exercised with great
caution.....the Chief Minister before exercising his power did not see the
police records".
Quoting
extracts from the National Human Rights Commission report, which was not placed
before the Union Public Service Commission before empanelment as it was not
considered "relevant", the court stated that NHRC concluded that one
woman was a victim of rape and repeated torture, three women were subjected
electric currents through different parts of their body, seven subjected to
illegal detention and assault, three suffered permanent disability, 11 stripped
naked and given electric shocks, 12 unlawfully detained, one was taken into
custody but never returned and 60 were killed in encounters out of 36 were
killed in "false encounters".
Referring
to the affidavits filed by tribal women Erammal and Nagi before an NGO which
was produced before the court and indicted Bidari, the court stated
"Erammal was taken to Dimbam police camp, beaten with a lathi as a result
of which she lost sight in her right eye, She was then taken Mahadeshwara camp
where she was stripped naked, beaten and given electric shocks in different
parts of her body in front of Bidari".
The
court then cited the instance of Nagi who taken to the M M Hills camp, was
blindfolded and interrogated by Bidari who passed currents through different
parts of her body and then she was gang raped.
The
court observed that though the then governments accepted the recommendations of
the NHRC accorded compensation to the victims and then DG and IG (Achutha Rao)
promised to initiate action against the perpetrators, no action was initiated.
Probably they (the then CMs) lacked the "political will and courage"
to direct action against these acts.
Taking
a swipe at the present day politics, the court observed "people who are in
opposition party preach values, criticise the acts of the ruling party.
Gullible public believe them and they are voted to power, but when they come to
power they realise it is very difficult to practice what they preach and when
they are seated in super power (ruling party) all these values evaporate. They
succumb to corruption. Power corrupts, absolute power corrupts
absolutely".
Therefore
it is immaterial, the court observed which party comes to power, what ideology
they believe in, what principles they preach. Once they come to power, they
become the ruling party. This is the democracy which is in practice.
It
appears that the present day state government and Bidari after occupying the
present position seems to have forgotten was was said 15 years back, the court
observed. "By characterising this report as "one without
jurisdiction, giving the impression that it was not a document of any
importance.....government of the day and Bidari are afraid of truth....we are
convinced that the report of the Sadashiv Panel, NHRC was deliberately kept
back", the court obseved.
There
is no disputing the fact, the court stated, that the record of Bidari during
his tenure in STF of Karnataka and his bio-data which was prepared by himself
wherein he stated the exemplary service that he rendered that won him the
gallantry award and a cash prize of Rs 1.68 crore, was placed before the UPSC.
"This is the positive side of the story that was placed before the
UPSC".
What
is clear from the report, the court observed is there were allegations against
STF personnel of Karnataka that they committed atrocities on innocent villagers
of 48 villages, committed murder, false encounters, rape and torture and 20
written complaints were filed before the NHRC.
On
Bidari's contention that he was not personally indicted by NHRC, the court
observed that the NHRC has categorically stated that it has not indicted any
one as it has been unable to identify the perpetrators of the acts. "This
only shows the fairness and application of judicial mind".
The
court observed "from the report, it is clear that atrocities were
committed by police on the instructions of R3 and while the state and the
police assured of action against the culprits, no action has been till date.
What
is to be considered, the court observed is whether such a person who has
"no concern for women, her rights, her safety and that of the poor
tribals, downtrodden and socially backward classes. A person with such a bent
of mind can head the state police force to maintain law and order, whether
their (public) interests are safe in such hands.
These
are the facts which UPSC and the state Chief Minister should have considered
while exercising the power conferred on him and it is these factual findings of
the Sadashiva panel and the NHRC which the government should have placed before
the UPSC. "In the absence of such material, the assessment by the UPSC and
state government is vitiated", the court said.
Reflecting
on the mindset of Bidari, who wants to absolve himself from the responsibility
stating that he was only acting under the supervision and control of Walter
Davaram, the commander of the STF, the court observed "even after 15
years, there is no remorse, he is not prepared to accept the
responsibility........whatever may the provocation, we cannot tolerate for a
second rape...... as a means of investigation by the police".
Finally,
in an message to the Chief Minister, the court stated "it is not a legal
issue but a moral issue. As a head of the state, what are the various concerns,
what is the message he is sending has to be kept in mind. Even now it is not
too late to keep the interests of the public in mind and assure that previous
dispensation would not be repeated and appropriate action taken".
AMNESTY
INTERNATIONAL PUBLIC STATEMENT
AI
Index: ASA 20/002/2008
(Public)
Date: 18 January 2008
(Public)
Date: 18 January 2008
India:
Many adivasi victims of Special Task Force (STF)
operations yet
to get justice and compensation in Karnataka and Tamil Nadu
to get justice and compensation in Karnataka and Tamil Nadu
Amnesty
International is concerned that several adivasi (indigenous
and marginalized communities) victims of the decade-long Special Task
Force (STF) operations against Veerappan, who was killed by the STF
after being outlawed for sandalwood smuggling, are yet to receive
justice and compensation for the human rights violations perpetrated
against them. Human rights violations perpetrated in the course of
operations against Veerappan included unlawful killings; arbitrary
detention; and torture and other cruel, inhuman or degrading treatment
or punishment (ill-treatment), including sexual violence.
and marginalized communities) victims of the decade-long Special Task
Force (STF) operations against Veerappan, who was killed by the STF
after being outlawed for sandalwood smuggling, are yet to receive
justice and compensation for the human rights violations perpetrated
against them. Human rights violations perpetrated in the course of
operations against Veerappan included unlawful killings; arbitrary
detention; and torture and other cruel, inhuman or degrading treatment
or punishment (ill-treatment), including sexual violence.
Amnesty
International has learnt that, one year after an official
panel of inquiry led by Justice A. J. Sadashiva ordering the
Government of Karnataka to pay compensation to 51 victims, 13 of them
have yet to receive it. The Government of Tamil Nadu has paid
compensation amounts to 38 victims as directed in the order. In
January 2007, the National Human Rights Commission (NHRC) had directed
the two governments to pay compensation to 89 victims as per the
recommendations of the panel of inquiry.
panel of inquiry led by Justice A. J. Sadashiva ordering the
Government of Karnataka to pay compensation to 51 victims, 13 of them
have yet to receive it. The Government of Tamil Nadu has paid
compensation amounts to 38 victims as directed in the order. In
January 2007, the National Human Rights Commission (NHRC) had directed
the two governments to pay compensation to 89 victims as per the
recommendations of the panel of inquiry.
Notwithstanding
the above order, during the past year, human rights
organizations in the two states have been campaigning to ensure
justice for 104 other victims whose complaints of human rights
violations including arbitrary and indefinite detention, torture,
including to death, other ill-treatment and sexual assault were
reportedly ignored by the panel. The panel also failed to initiate
charges against any of the 39 STF officials named as perpetrators by
the victims during the proceedings, though it concluded that the STF
had perpetrated torture. However, Amnesty International has learnt
that a number of complaints against 39 STF officials have nevertheless
been filed by the victims in several police stations in Tamil Nadu and
Karnataka.
organizations in the two states have been campaigning to ensure
justice for 104 other victims whose complaints of human rights
violations including arbitrary and indefinite detention, torture,
including to death, other ill-treatment and sexual assault were
reportedly ignored by the panel. The panel also failed to initiate
charges against any of the 39 STF officials named as perpetrators by
the victims during the proceedings, though it concluded that the STF
had perpetrated torture. However, Amnesty International has learnt
that a number of complaints against 39 STF officials have nevertheless
been filed by the victims in several police stations in Tamil Nadu and
Karnataka.
In
spite of the filed complaints, a number of STF personnel named as
perpetrators in the victims' complaints were given awards and
promotions; furthermore, some of the officials named by the victims
were reportedly present in an official function held to distribute
compensation amounts in Karnataka in March 2007, leading to protests
from the victims.
As a state party to the International Covenant on Civil and Political
Rights, India is obliged to "ensure that any person whose rights or
freedoms... are violated shall have an effective remedy"; to "ensure
that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of
judicial remedy"; and to "ensure that the competent authorities shall
enforce such remedies when granted."
perpetrators in the victims' complaints were given awards and
promotions; furthermore, some of the officials named by the victims
were reportedly present in an official function held to distribute
compensation amounts in Karnataka in March 2007, leading to protests
from the victims.
As a state party to the International Covenant on Civil and Political
Rights, India is obliged to "ensure that any person whose rights or
freedoms... are violated shall have an effective remedy"; to "ensure
that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of
judicial remedy"; and to "ensure that the competent authorities shall
enforce such remedies when granted."
Amnesty
International, therefore, urges
• the Government of Karnataka to immediately distribute compensation
amounts to the 13 remaining victims as per the January 2007 order;
• the authorities of Karnataka and Tamil Nadu to thoroughly
investigate the pending human rights complaints against the 39 STF
officials and bring those suspected of perpetrating violations to
justice, in proceedings which meet international standards of fairness
and without the imposition of the death penalty;
• immediately suspend the officials named in the complaints from
active duty pending completion of investigations;
and
• the NHRC to participate in the above cases to help to ensure that
there is justice for the victims.
• the NHRC to re-examine victims' complaints ignored by the official
panel.
• the Government of Karnataka to immediately distribute compensation
amounts to the 13 remaining victims as per the January 2007 order;
• the authorities of Karnataka and Tamil Nadu to thoroughly
investigate the pending human rights complaints against the 39 STF
officials and bring those suspected of perpetrating violations to
justice, in proceedings which meet international standards of fairness
and without the imposition of the death penalty;
• immediately suspend the officials named in the complaints from
active duty pending completion of investigations;
and
• the NHRC to participate in the above cases to help to ensure that
there is justice for the victims.
• the NHRC to re-examine victims' complaints ignored by the official
panel.
Background
In
1993, the Governments of Karnataka and Tamil Nadu had created the
STF to catch Veerappan and his associates who had remained outlawed
for more than seven years. On 21 October 2004, Veerappan and two of
his associates were killed during the STF operations. In all, 36
persons lost their lives during the STF operations.
STF to catch Veerappan and his associates who had remained outlawed
for more than seven years. On 21 October 2004, Veerappan and two of
his associates were killed during the STF operations. In all, 36
persons lost their lives during the STF operations.
In
June 1999, the NHRC appointed the official panel, consisting of
Justice Sadashiva and a former Director-General of India's premier
investigating agency, the Central Bureau of Investigation (CBI). The
panel submitted its recommendations in December 2003.
Justice Sadashiva and a former Director-General of India's premier
investigating agency, the Central Bureau of Investigation (CBI). The
panel submitted its recommendations in December 2003.
FAKE
ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN INDIA
Recently,
it has been reported in the media , how in gujarath state
high ranking police officials took SUPARI to murder & committed the
murders by giving it the name of encounter. Nowadays , it has become
common place that police take law into their own hands , settle
scores , conducts their own courts of justice like compromise
panchayaths at police stations. All these acts of police are illegal ,
the police must be first thought the lessons of law before enforcing
it. The murderers , criminals in police uniform must be punished at
the earliest.
high ranking police officials took SUPARI to murder & committed the
murders by giving it the name of encounter. Nowadays , it has become
common place that police take law into their own hands , settle
scores , conducts their own courts of justice like compromise
panchayaths at police stations. All these acts of police are illegal ,
the police must be first thought the lessons of law before enforcing
it. The murderers , criminals in police uniform must be punished at
the earliest.
At
the outset , HRW salutes the few honest police personnel who are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute them & pay our respects to them and hereby appeal to those few
honest to catch their corrupt colleagues.
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute them & pay our respects to them and hereby appeal to those few
honest to catch their corrupt colleagues.
The
police are trained , to crack open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like "Sherlock holmes" and apprehend the real criminals. nowadays ,
when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there
are 3 reasons for this :
holding onto a thread of clue. Based on that clue they investigate
like "Sherlock holmes" and apprehend the real criminals. nowadays ,
when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there
are 3 reasons for this :
1)
when the investigating officer (I.O) lacks the brains of Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
2)
When the I.O is biased towards rich , powerful crooks , to frame
innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
3)
When the I.O is properly doing the investigations , but the higher-
ups need very quick results – under work stress I.O uses 3rd degree
torture on innocents.
ups need very quick results – under work stress I.O uses 3rd degree
torture on innocents.
Nowhere
in statuette books , police are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted. Even during encounters , police only have the legal right ,
authority to immobilize the opponents so as to arrest them but not to
kill them.
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted. Even during encounters , police only have the legal right ,
authority to immobilize the opponents so as to arrest them but not to
kill them.
There
is a reasoning among some sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100's
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don't police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a pick-
pocketer to recover hundred rupees stolen ? double standards by
police.
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100's
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don't police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a pick-
pocketer to recover hundred rupees stolen ? double standards by
police.
In
media we have seen numerous cases of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don't police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like
scarecrows before rich crooks.
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don't police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like
scarecrows before rich crooks.
Torture
in any form by anybody is inhuman & illegal. For the purpose
of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
1)
to book cases of murder against police personnel who use 3rd degree
torture on detainees and kill detainees in the name of encounter
killings.
torture on detainees and kill detainees in the name of encounter
killings.
2)
To dismiss such inhuman , cruel personnel from police service and
to forfeit all monetary benefits due to them like gratuity , pension ,
etc.
to forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3)
To pay such forfeited amount together with matching government
contribution as compensation to family of the victim's of 3rd degree
torture & encounter killings.
contribution as compensation to family of the victim's of 3rd degree
torture & encounter killings.
4)
To review , all cases where false confessions were extracted from
innocents by 3rd degree torture.
innocents by 3rd degree torture.
5)
To make liable the executive magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
jurisdiction torture is perpetrated by police on innocents.
6)
To make it incumbent on all judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
torture free climate to all parties , witnesses in cases before his
court.
7)
To make public the amount & source of ransom money paid to forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8)
To make public justice A.J.Sadashiva's report on "torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
9)
To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10)
To include human rights education in preliminary & refresher
training of police personnel.
training of police personnel.
11)
To recruit persons on merit to police force who have aptitude &
knack for investigations.
knack for investigations.
12)
To insulate police from interference from politicians & superiors.
13)
To make police force answerable to a neutral apex body instead of
political bosses. Such body must be empowered to deal with all service
matters of police.
political bosses. Such body must be empowered to deal with all service
matters of police.
14)
The political bosses & the society must treat police in a humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15)
The police must be relieved fully from the sentry duties of
biggies & must be put on detective , investigative works.
biggies & must be put on detective , investigative works.
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.
After 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 judge's son.
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.
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 judge's son.
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.
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
son.
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
against Reddy.
They however added
that any further action could take place only after getting permission from the
High Court.
"First Additional
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.
Incidentally, the
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
Off 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?
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?
Justice 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.
Speaking 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.
Senior 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.”
LAND
SCAM IN TAMILNADU One for my
officer, one for my boy...
Land 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
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IN 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 documents.)
This 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’.
This 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 municipalities.
While 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.
Setting 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.
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The 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.
jee...@gmail.com
PHOTOS: THE HINDU, JEEMON
JACOB
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‘GDQ is a way of making
you part of the syndicate’
BY JEEMON
JACOB
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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.
Later, 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 Technologies Ltd.
Later, 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.
Later, 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.
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He 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.
Umashanker 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.
Umashanker 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.
It 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.
Though 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.
In a frank chat,
Umashanker talks about how the government discretionary quota has been misused.
Excerpts:
Why 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 applications.
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 applications.
You 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.
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.
Do 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.
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 servant
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 colony.
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
|
JUDICIAL CORRUPTION
MY LORDS, THERE’S A CASE AGAINST
YOU
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?
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
judiciary.
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
fire.
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
hold.
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
Jain.
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.
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
blank.
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
Tehelka.
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.
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Dec
30 , 2006
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Burn After Reading
BRIJESH PANDEY and SANJAY
DUBEY track the Supreme Court’s
lack of urgency in investigating charges of judicial corruption
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?”
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?”
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
judiciary function?”
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.
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
ensure it.
WRITERS’
EMAIL
brijesh@tehelka.com sanjay@tehelka.com |
||||||
|
From
Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009
|
By
churumuri
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alt="http://churumuri.files.wordpress.com/2010/09/prashant-and-shantibhushan.png?w=200&h=300"
border=0 v:shapes="_x0000_i1036">
Judicial corruption is
a bull few in India are willing to attach their names to. There are whispers of
this or that sitting judge making piles or cash; of sons, daughters and other
near and dear ones acting as “brokers” for cases, deals, etc, but none of those
allegations see the light of day.
Not because the media
is a willing accomplice but because of the sword of “contempt of court” hanging
over us.
For long, truth was
not, repeat not, a defence in the case of contempt. Although
that is now no longer the case, judicial corruption still isn’t headline news
like corruption in other spheres of Indian life. The case of Justice P.D.
Dinakaran is one of the rare exceptions and that too only in sections of
the media.
In September 2009, the
Supreme Court lawyer Prashant
Bhushan, in an interview to Shoma Chaudhury of Tehelkamagazine,
said “half of the last 16 chief justices were corrupt”. The comment invited
the apex court’s
contempt. Now, Bhushan’s father, the noted jurist Shanti
Bhushan has joined issue.
In his application
before the Supreme Court praying for his impleadment as respondent No.3 in the
case of the Amicus Curiae vs Prashant Bhushan, Bhushan senior repeats his son’s
charge that eight out of the last 16 CJs were corrupt, even going so far as to
deliver the names of the corrupt in a sealed cover.
“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 or corrupt.”
Below is the full text
of Shanti Bhushan’s application, published in the public interest.
***
To
The Hon’ble Chief
Justice of India &
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.
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 1990.
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 considerations.
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 evil.
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
following:
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 Annexure B.
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 Annexure B.
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.
PRAYERS
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 case.
(Shanti Bhushan)
applicant-in-person
New Delhi
applicant-in-person
New Delhi
***
Photograph:
courtesy Shailendra
Pandey/ Tehelka
***
Full coverage: The strange case
of Justice P.D. Dinakaran
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
|
WHEN
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.”
Post
retirement, 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 Chief Justice.
TEHELKA
has 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.
|
Sreenijan
is 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.
TEHELKA
repeatedly 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.
WITHIN
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.
|
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 crore.
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.
Benny’s
assets 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.
When
Benny 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 Tamil Nadu.
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.
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.
Indicting the
prosecutor for deliberately botching up examination of witnesses in a case of
abduction for ransom, Additional Sessions Judge Pratap S Malik has passed
strictures against the state’s counsel and sent the copy of his order to the
prosecution branch for necessary action.
The judge held that
there was a deliberate attempt by the prosecutor to create situations
favourable for the three accused, found guilty of abducting one Sanjay Khan for
ransom in 2004. Khan had later committed suicide to escape further assault and
the court, finding ample evidence on record, had awarded life imprisonment to
the trio on Saturday.
The prosecutor had
refrained from putting important questions to police officials and other
witnesses that could help the prosecution nail the accused in a more convincing
manner, the court observed.
PTI | 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
situation.
To keep the proceedings
off the media glare, the bench decided to take up the matter in chamber on July
14, when Vahanvati and other senior advocates would make good their assistance
to look for a way out of the problematic situation. The petition said one
Ashutosh Asthana, the Central Nazir in the judgeship of Ghaziabad, had
allegedly confessed before a magistrate about his role in the PF scam and had
allegedly mentioned the names of 23 judges who were beneficiaries of the
ill-gotten money.
SOS Appeal to SUPREME
COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-...
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of...
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of...
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-...
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of...
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of...
PROTECTION OF WITNESSES
IN CRIMINAL CASES
· JESSICA
LAL MURDER CASE & GUJARATH RIOTS
In the 7 year old jessica
lal murder case , all the accussed –
children of rich &
mighty have gone scot free , for lack of both
prosecution &
witnesses. The culprits have forced the witnesses to
remain silent through the
use of muscle & money power. The
investigating police
official, from the beginning has done roughshod
work & also have
played a role in silencing witnesses. I.O MORE RICHER
NOW? PROMOTIONS? The
presiding judge of the court has overlooked many
omissions &
commissions by the prosecution and in a hurry closed the
case , acquitting all the
accussed. Reward for judge – promotion as
high court judge. In this
way, the police-prosecutor-judge were
together ganged up against
the victim from the beginning. Also, the
witnesses were afraid of
brute muscle power of rowdies & rowdies in
khaki uniform.
Now, take the gujarath
riots case. In the first place riot took place
under the active patronage
of gujarath state government machinery.
Naturally the police ,
prosecutors & judges in gujarath were against
the riot victims &
closed one case after another, acquitting the
guilty. However the apex
court got transferred riot cases out of
gujarath , under public
pressure. However, even the apex court failed
to instill confidence , in
the prime witness of best bakery case , the
apex court failed to
positively reassure the witness of her safety &
livlihood. As a result ,
out of fear she became hostile- went on
changing her statements.
In this manner, numerous
low profile cases involving commonman are
buried , witnesses
silenced by the corrupt nexus of police-prosecutor-
judge. They don't even
draw media attention as they are low profile.
Drastic reforms of
criminal justice system in india is needed.
Punishing the hostile
witness is not the solution. Accountability of
investigating officers ,
police , prosecutors & judges is needed.how
come some police officials
, public prosecutors & judges are leading
luxurious lifestyles,
beyond the scope of their legal income?
Recently in the media
there was mention of a C.D of alleged
conversation between
samajvadi party M.P mr.amar singh & U.P chief
minister , about
influencing a high court judge & fixing a case. This
is the way our judiciary
functions in india. Rewards for corrupt
judges – out of turn
promotions, post retirement postings , postings
to kith & kin , land
allotments , etc.
Accountability of
judiciary & investigating agencies is the need of
the day. Let us start with
polygraph tests for I.O , POLICE , PUBLIC
PROSECUTOR & JUDGE of
jessica lal murder case.
Reproduced from The Times
Of India August 16, 2007 page10
We do frame people, says NCB official
Sub-Inspector Tell HC How They Plant Drugs On
Innocents
Abhinav Garg / TNN
New Delhi:It's been
suspected by many, but confirmation of the police falsely implicating people by
planting drugs on them has now come from the policeman himself who has been
accused of planting drugs on two innocent people.
Sub-Inspector Ranbir
Singh of the Narcotics Control Bureau (NCB) admitted at
the Delhi High Court that testing kits for checking banned drugs
wereoften defective. What's more officers often replaced the recovered
substance with lethal drugs in order to implicate them. A shocked court has summoned
the NCB director to explain the charge.
Ranbir is himself tainted
of this grave abuse of authority. There is an FIR against him for falsely
implicating rwo persons under the harsh Narcotics Drugs and Psychotropic
Substances act. He claimed to have recovered 100gm heroin from them which later
turned out to be harmless paracetomal powder.
The officer is now
seeking to get the FIR quashed and in his defence has claimed that he was not
the only one who framed people, several other officers did the same.
The Judge has also
summoned the Kamala Market Narcotics Cell in-charge from whose area Singh
allegedly picked up the two persons.
The Director and the Cell
in-charge will have to explain before the court as to how these two innocents
were booked and thrown into jail when two forensic reports clearly stated that
the substance in question was paracetomol.
The case in which Singh
is involved took place in March last year. Gyanender and Santosh were arrested
by him for alleged possesion of heroin. The substance was sent for testing to
two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported
back that the powder was'nt heroin but just parecetomal.
After this came to light,
the additional sessions judge hearing the case acquited the two men and
recommended that an FIR be lodged against Singh as the two undertrials had to
languish in jail because of the wanton abuse of authority.
The high court, while hearing a petition filed by
Singh seeking quashing of FIR against him found it intriguing that even when the
investigating team is equipped with "field testing kit" to test the
contraband, they had mistaken paracetomal powder for heroin. Upon which Singh
revealed that kits were often defective and that officers also changed
the actual recovered substance with banned contraband.
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.
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 ,
1. To legally
prosecute the jurisdictional police who changed the charge sheet , who
let out Main criminalAnderson illegally without orders from
the court.
2. To legally
prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh
& Then Prime Minister of GOI , who fully aided the main accussed , criminal
Anderson to escape , to jump law.
3. To legally
prosecute Indian Public Servants , who were responsible for withdrawing the
case from US Courts of Justice.
4. To legally
prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues
, who diluted the case by changing the clause under which Anderson &
others were charged.
The Public servants – Mps , MLAs , Judges , IAS /
IPS officers , Police take thousands of rupees monthly salary ,
cars , bungalows , 5-star hotel stay together with 5-star meal complete with
alchoholic drinks , 5-star health care at premium hospitals , business class
air travel , foreign tours , etc all at tax payer’s expense. After enjoying to
the hilt at taxpayer’s expense , these same public servants don’t serve
the public , they serve the rich crooks , anti nationals in their greed for
more money.
All the while the same poor tax payer suffers
without justice . In India more than 50 Crore people are barely
surviving on a single piece meal .Let the corrupt public servants eat their
5-star meals by the side of the graves of Bhopal Gas Victims. Atleast
this will open the eyes of honest few in public service – police , judiciary
& parliament , it is a fond hope. This is an appeal to those
honest few in judiciary , police & parliament to catch hold of
their corrupt colleagues.
Editorial : COURT
JUDGEMENT FIXING IN COURTS OF LAW / POLICE
STATIONS / GOVERNMENT
OFFICES - SATYAMEVA
JAYATE ?
Triumph of Injustice in
India
In India
legislations , Parliamentary Acts , policy decisions are fixed (example :
telecom policy fixing by neera radia & others) , the court judgement are
fixed , arrest warrant by courts are fixed (example : CJI. Ahmadi changing the
charge against Bhopal gas co & a judge issuing arrest warrants
against then president of India kalam & then CJI) , Police fixing
cases , torturing innocents , closing cases by B reports , changing track of
investigations , governments servants giving false reports & records
, etc. In this back drop , commonman won’t get justice in India . Instead if he
raises his voice for justice , he is persecuted by the nexus of CRIMINALS –
POLICE – JUDGES – PUBLIC SERVANTS.
Even the supreme court of
India , is not accepting our offer of service to legally book the
criminals nor is it registering our PIL nor the Karnataka police are
registering our complaint against public servants.
Our Supreme Court Judges ,
police & Public Servants , preach virtues in courts of law & other
forums , but they don’t practice it themselves.
SATYAMEVA JAYATE ?
Read & Answer :
JAI HIND. VANDE MATARAM.
Your’s sincerely ,
Nagaraj.M.R.
Your’s sincerely ,
Nagaraj.M.R.
The Intelligence
Bureau has provided the Centre with a detailed account of the escapade
involving three Karnataka High Court judges on November 3 in a resort on the
outskirts of Mysore, highly placed sources told The Times of India on Friday.
According to a senior official, "Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match."
The incident was widely reported in the media. What has surprised the Centre is the "dogged refusal" of the Karnataka police to confirm the incident. "Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot," says the source.
What transpired at the resort, says the source, "cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law". According to him, "The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position?"
In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court.
While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident.
However, the source says that now the government is worried about the appropriate "remedial measures". In such cases, transferring a judge to a remote high court doesn't always work. He says, "Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jain's proposal to transfer the three judges of the Karnataka High Court."
The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for "follow-up action".
"Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy," it said in a statement. The BCI has "lamented" inaction in this case by "the higher judiciary and the government".
According to a senior official, "Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match."
The incident was widely reported in the media. What has surprised the Centre is the "dogged refusal" of the Karnataka police to confirm the incident. "Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot," says the source.
What transpired at the resort, says the source, "cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law". According to him, "The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position?"
In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court.
While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident.
However, the source says that now the government is worried about the appropriate "remedial measures". In such cases, transferring a judge to a remote high court doesn't always work. He says, "Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jain's proposal to transfer the three judges of the Karnataka High Court."
The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for "follow-up action".
"Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy," it said in a statement. The BCI has "lamented" inaction in this case by "the higher judiciary and the government".
Read more: IB confirms Mysore sex scandal - The Times of India http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sex-scandal/articleshow/29801662.cms#ixzz1B7PtvFdU
Hyderabad/Warangal,
Aug. 25: The Andhra Pradesh High Court Chief Justice, Mr Nisar Ahmad Kakru, on
Wednesday suspended five subordinate judges for allegedly indulging in copying
during the LLM exams held at Kakatiya University in Warangal district on
Tuesday.
Mr Ajitsimha Rao,
senior civil judge, Mr Vijayender Reddy, second additional district judge of
Ranga Reddy district, Mr M. Kistappa, senior civil judge of Anantapur, Mr
Srinivasa Chary, senior civil judge of Baptla and Mr Hanumantha Rao, additional
junior civil judge of Warangal were caught red-handed while copying in the
first year exams.
The Chief Justice
reviewed the situation after obtaining the preliminary report from the
university authorities and issued orders suspending them from the service. He
also asked the university to send a detailed report on the exam malpractice by
the judges.
Meanwhile, the
Warangal District Bar Association (WDBA) has demanded registration of cases
under the AP Public Examination (Prevention of Malpractices & Unfair Means)
Act, 1997, against the errant judges. “It was unbecoming of the judges to
indulge in mass copying,” said Mr Ch Sambasiva Raju, vice-president, WDBA. The
WDBA office bearers also demanded suspension of Mr Razak Uzama, II Sub-Judge,
Warangal and his wife Ms Prema Rajeshwara, secretary, district legal services
authority, Warangal, both of who appeared in the LLM exam. Reportedly, it was
Mr Razak who encouraged the mass copying. However, he and his wife were spared.
Meanwhile, Dr Talapalli Manohar, additional controller of examination, SDLCE,
clarified that the flying squad had actually debarred only three judges — Mr M.
Kistappa, Mr Vijayender Reddy and Mr Ajitsimha Rao. Sources said the other two
judges, Mr Hanumantha Rao and Mr Srinivasa Chary were caught based on visual
evidence.
An Indian magistrate
who allegedly accepted a bribe to issue arrest warrants against India's
president and senior legal figures has been trapped in a sting operation by a
journalist, a report said.
The journalist
videotaped magistrate Meghani Nagar, who practices in Ahmedabad, commercial
capital of Gujarat state, accepting a bribe of 40,000 rupees (851 dollars) to
issue the arrest warrants, the Times of India newspaper said Thursday.
Among those cited in
the warrants for criminal breach of trust and for cheating and dishonesty are
Indian President Abdul Kalam and Chief Justice V.N. Khare, a senior judge and a
well-known …
Indian president arrest
warrant probe
India's Supreme Court
has ordered an investigation into how an arrest warrant was issued against the
country's president and its top judges.
A shocked Chief
Justice VN Khare asked India's top police body, the Central Bureau of
Investigation, to report its findings in a week.
President Abdul Kalam,
two Supreme Court judges - including Chief Justice Khare himself - and the
president of India's bar association were issued with the warrants after a case
of fraud was filed against them.
An Indian television
journalist has told the court he secretly filmed a magistrate accepting 40,000
rupees ($883) to issue the warrants.
The magistrate
apparently had not realised who they were, newspaper reports said on Thursday.
He has now been suspended from his duties.
Court request
Journalist Vijay
Shekhar has handed over to the court videotapes of the incident, which took
place in the state of Gujarat.
 |
 |
The court has issued
notices to the magistrate and the lawyers who filed the case, asking them for
their version of the events, the Press Trust of India reports.
"What is happening
in Gujarat? By giving 40,000 rupees you can get a judicial order," Chief
Justice Khare is reported as saying.
"If this is the
state of affairs only God knows what will happen to the country," he
added.
Mr Shekhar said he
carried out the sting operation to expose corruption in India's judiciary.
In 2001 India was hit
by an arms scandal after a website secretly filmed senior military and defence
officials apparently accepting cash from journalists posing as arms dealers.
Lokayukta: DC demanded
sex from widow
In the midst of a
national outrage over former Haryana DGP SPS Rathore molesting a teenager, the
Karnataka Lokayukta on Saturday made a startling revelation that the state
government was shielding a top bureaucrat who had demanded sexual favours from a
young widow.
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 officer.
On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to the state government the suspension and prosecution of the DC concerned. The recommendation was subsequently considered by the concerned department head as well as the chief secretary and both endorsed it.
But, according to Justice Hegde, no action was initiated against the DC as the same official who had endorsed the recommendation subsequently found no basis for initiating departmental action against him. Instead, the official cleared the DC’s name for promotion in the super-scale. Presently, the official holds a senior position in the government.
The widow, in her late 20s, had approached the DC with a representation to sort out some problems. But she was shocked when the DC demanded sex.
Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name the district where the official was serving as deputy commissioner. But the incident has happened sometime in the course of last three years as Justice Hegde took over as the Lokayukta in mid-2006.
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 officer.
On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to the state government the suspension and prosecution of the DC concerned. The recommendation was subsequently considered by the concerned department head as well as the chief secretary and both endorsed it.
But, according to Justice Hegde, no action was initiated against the DC as the same official who had endorsed the recommendation subsequently found no basis for initiating departmental action against him. Instead, the official cleared the DC’s name for promotion in the super-scale. Presently, the official holds a senior position in the government.
The widow, in her late 20s, had approached the DC with a representation to sort out some problems. But she was shocked when the DC demanded sex.
Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name the district where the official was serving as deputy commissioner. But the incident has happened sometime in the course of last three years as Justice Hegde took over as the Lokayukta in mid-2006.
3-year jail term for
‘dirty’ judge
Family court judge
Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in 1997
Family court judge
Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a
bribe, from a housewife, Alka Gaikwad — who had sought an increase in her
monthly maintenance allowance from her estranged husband, in 1997 — proved
costly to him. Pronouncing him guilty on both counts, the special court hearing
anti-corruption bureau (ACB) matters sentenced him to three years rigorous
imprisonment and a collective fine of Rs55, 000, on Monday.
According to the FIR
in the case registered against Bhise by the ACB, Suryakant Gaikwad had filed
for divorce from his wife, Alka, before the Bandra family court. Alka, a
housewife, in turn, filed a petition seeking mutual cohabitation with her
husband. The then family court judge, Meera Khadakkar, directed the husband to
pay her an interim maintenance allowance of Rs750 per month.
Subsequently, in
January 1997, Alka filed another application before the same family court (now
presided over by Bhise) seeking to increase the monthly maintenance amount to
Rs3,500. “On October 27, 1997, Bhise issued an interim order, increasing the
maintenance allowance to Rs2,000 to be paid by Suryakan to his estranged wife
till the disposal of the case. Immediately after issuing the order, Bhise asked
Alka to meet him and gave her his residential telephone number, asking her to
call him when the court hours ended. He told her that he would ask her husband
to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance,
provided she called him up,” the FIR states.
When she called up the
judge at 7 pm the same day, Bhise told her that she would have to pay him a sum
of Rs2,000 in addition to granting his sexual favours if she wanted an order in
her favour. He also directed her to meet him at the Haji Ali bus stop with the
bribe amount the following evening.
“Alka approached the
ACB, which sought permission from the Chief Justice of the Bombay High Court
before laying a trap on the first class judicial magistrate (Bhise). The HC
while granting the permission designated a court official to bear witness to
the events leading to the trap. Alka, under video camera surveillance of ACB
sleuths, along with the court official and other women witnesses met Bhise at
8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when she
protested, repeated his demands,” the FIR states.
Alka was then taken to
a nearby hotel, Sharda, where the judge accepted the bribe amount. But before
he could do anything else, ACB sleuths swooped in and arrested him.
Chief Justice of India
G B Pattanaik retires tonight and he doesn’t have much to write home about on
the unprecedented drive he launched to enforce judicial accountability.
After the PPSC scam
fiasco, reported in The Indian Express today, comes the case of the Rajasthan
judge who has been indicted in a sex scandal and yet has escaped action—pending
another inquiry.
On December 14, a
three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of
Justice Arun Madan of the Rajasthan High Court in a proposition to a woman
doctor to have sex with him in exchange for a judicial favour.
The committee, headed
by the Chief Justice of the Punjab and Haryana High Court Justice B K Roy,
submitted its report to Pattanaik, indicting Madan on a complaint made from
Jodhpur by the woman concerned, Sunita Malviya.
But Pattanaik has not
announced any action against Madan. When contacted by The Indian Express,
Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad
reputation’’ in seeking sexual favours in return for judicial ones.
However, Pattanaik
said that no action was being taken since the committee had also mentioned
allegations of corruption against Madan. And so he had ordered a further
inquiry by the same committee into the corruption charges.
When asked what he did
with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That is on
hold because I could not have taken piecemeal action against him....I am
praying to God that the final report will give some tangible material to take
action.’’
Highly placed sources
told The Indian Express that when the committee recorded statements last week
in Jodhpur of about 30 persons over four days, it also came to know of several
allegations of corruption against Madan and another judge of the same high
court. The committee put these on record as well.
Pattanaik said that
when he summoned Madan to New Delhi last week, he did not raise the sex scandal
issue and instead limited himself to saying that he was ordering a further
inquiry into corruption allegations.
In effect, Pattanaik
has now passed the Rajasthan buck to his successor Justice V N Khare.
The gist of Malviya’s
complaint is that Madan made a sexual proposition to her in October through a
deputy registrar of the high court, Govind Kalwani, who said that the judge
would help her, in turn, get out of a criminal case booked against her.
With this, Pattanaik’s
much-touted in-house judicial accountability seems to have hit a wall. The
first committee’s report into the PPSC scam exonerated one judge despite
evidence and let two others off with a mere slap on the wrist. The third
committee is now busy probing the involvement of judges in the Mysore sex scam.
1 Dec 2010 ... (2)
It extends to the whole of India except the State of Jammu
& Kash- mir. ... This is because of the still existing
biases of thecourt judges. ... had his chambers "purified"
with water from the 'ganga jal' because a ...
wapedia.mobi/.../Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989 - Cached - Similar
wapedia.mobi/.../Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989 - Cached - Similar
The sheer number of
cases pending in the Indian judicial system (26 million at last count) says it
all.
One of the most
frequently used words in India, corruption signifies a range of things. In
2005, Transparency International and Delhi based Centre for Media Studies, a
research firm, undertook the India Corruption Study. The survey covered 14,405
respondents over 20 states and included interviews with service providers and
users (of these services). The results, published the same year said Indians
pay out around Rs. 21,068 crore as bribes while availing one of 11 public
services. While some of the results of the survey were published, many of the
details were not. The study, however, remains the most recent and the most
comprehensive report on corruption in India. Apart from calculating the extent
of corruption, in Rs. crore, it explains the mechanics of it.
Over the week, Mint
will present details of the CMS study. On Monday we featured India’s public
distribution system. On Tuesday, we did the education system. Today, we look at the judicial system. Reader’s are welcome to send
in their feedback to feedback@livemint.com.
Courting Corruption
The sheer number of
cases pending in the Indian judicial system (26 million at last count) says it
all. Given that, and the number of judges across various states (per lakh of
population), the system is rife with delays and inefficiencies -- ideal
conditions for middlemen to step in. In the year preceding the survey, 59% of
respondents paid bribes to lawyers, 5% to judges, and 30% to court officials.
1. Inaccesibility
The judicial system is
highly dilatory, expensive, and beyond the reach of the common man. Ordinary
citizens find it hard to seek redress, as litigation is expensive and extra
money is often required to oil the wheels of the system
2. Misuse of
power
There are instances of
Metropolitan Magistrates issuing bailable arrest warrants against individuals
of whose identitites he has no idea, in return for an inducement.
Some time back, a
Metropolitan Magistrate in Ahmedabad issued bailable arrest warrants against
the President of India in return for an inducement of Rs. 40,000.
In some cases, judges
offer a favour in exchange for personal gain or favours. In Rajasthan, some
time back, there were reports of a judge who offered judicial favour in
exchange for sexual favours from a litigant. Some of these instances have been
reported by the media, but no action has resulted.
Today, under existing
rules, any person making any allegation of corruption or other things against a
sitting judge can be charged and punished for contempt of court. This is a
deterrent against more such instances coming to light.
3. A difficult
impeachment process
The Supreme Court of
India has ruled that no first information report (FIR) can be registered
against a judge, nor, a criminal investigation initiated without prior approval
of the Chief Justice of the Supreme Court. Once appointed, a judge of the High
Court or Supreme Court cannot be sacked except by a complicated impeachment
process, done by members of the Lok Sabha and the Rajya Sabha, the two houses
of Indian parliament. Their immunity is reinforced by the fact that the
procedure isn’t just cumbersome but also susceptible to political influence. In
the 1990s, when the Congress was in power, a motion seeking to impeach Justice
V Ramaswami could not be passed by parliament as Congress members of parliament
abstained from voting. There have been no other attempts at impeachment in
India.
4. Slow and
inefficient
Many cases drag on for
years. SAn oft cited excuse is the lack of staff, but the judicial process
itself is unnecessarily complicated and inefficient, making cases drag on for a
long time. Bribes are sometimes ought to davance the judgement or bend it. At
last count, some 26 million cases were pending in Indian courts.
Why People Pay Bribes
1. Favourable
judgement
Recent media reports
have shown that it is possible to secure a favourable judegement in a lower
court by bribing the judiciary, although the situation radically improves when
it comes to the higher courts.
2. Speeding up
judgement
There is a huge
backlog of cases in Indian courts which results in delayed judgements. It is
quite common for a case to drag on for years. People often have to pay bribes
to speed up the process.
3. Other
activities
A llot of non case
related work also falls under the purview of the judiciary. This includes the
issual of affidavits, registrations, etc. People often pay bribes to get this
work done by a middleman.
4. Obtaining
bail
The judge has a lot of
discretion in issuing bail; the guidelines governing this are fairly basic. It
is possible to secure bail by influencing the judge in some cases.
5. Manipulating
witnesses
As some recent
high-profile cases have shown, witnesses are manipulated through money or force
into giving favourable testimony.
Suggested Solutions
1. Use of technology
* A review of how
court records are handled and the introduction of modern tracking methods can
eliminate much of petty corruption existing in lower courts
* Websites and CDs can
explain basic law to laymen
* Court files can be
computerized
* Video recordings of
cout procedings should be maintained
2. Reduce the gap
* Provide alternative
methods of dispute redressal to lighten burden on courts
* Increase number of
judicial officers and number of fast track courts
* Create a vigilance
cell for redressal of public grievances
3. Making the
judiciary accountable
* Judges must be
subject to judicial review
* Judges must follow a
code of conduct
* Bar associations
must act against corrupt members
* A public body must
keep an eye on the judicial system
* An Indian judicial
service must be created
* The proposed
National Judicial Commission should have powers to fire judges
* Judges should
declare their assets and those of their family
-- By Anil Nauriya
A recent case of a Gujarat magistrate who issued arrest warrants against the President of India, the Chief Justice of India, a Supreme Court judge and a former President of the Supreme Court Bar Association, has evoked interest in the media. There has been public concern essentially over the circumstances in which this order was procured and about how the names of the dignitaries concerned were disguised by not mentioning their designations and by seemingly spelling the names in full rather than as they are usually written. The complainant — there is a doubt whether the person in whose name the complaint was filed is real or virtual — simply approached a magistrate and made an apparently fictitious claim of having been cheated or defrauded.
A recent case of a Gujarat magistrate who issued arrest warrants against the President of India, the Chief Justice of India, a Supreme Court judge and a former President of the Supreme Court Bar Association, has evoked interest in the media. There has been public concern essentially over the circumstances in which this order was procured and about how the names of the dignitaries concerned were disguised by not mentioning their designations and by seemingly spelling the names in full rather than as they are usually written. The complainant — there is a doubt whether the person in whose name the complaint was filed is real or virtual — simply approached a magistrate and made an apparently fictitious claim of having been cheated or defrauded.
The criminal justice process
reached the arrest warrant stage without anyone taking the precaution of
finding out whether there was an iota of truth in the complaint. Why did this
happen in this particular case? How could such a thing happen under criminal
procedure? The Supreme Court is seized with the first question and it is not
desirable to comment on it. But the second question can and should be
discussed.
A vital point to note about the “ordinary” criminal procedure (as distinguished from so-called special laws like the earlier Terrorism and Disruptive Activities Prevention Act) is that it is not in fact ordinary. As in the case of the existing Code of Criminal Procedure, 1973, applicable in India, criminal procedure in post-colonial societies is modelled on or is an outgrowth of colonial procedure. Many provisions have been mechanically continued.
There are several problem areas in criminal procedure relating to case registration, police powers of arrest in respect of certain offences considered graver than others, magisterial powers to direct investigation and, in given situations, issue warrants of arrest, and, finally, in the investigation itself. These aspects of criminal procedure lend themselves to considerable abuse by the police and the subordinate judiciary.
The Code enables a complaint to be made to a magistrate under Section 190 and certain other provisions in case the police do not register an FIR on their own or after a complaint is made to them. On being so approached, magistrates have a variety of options, superimposed on, and sometimes even apart from the usual classification of offences on the basis of seriousness. But broadly during the pre-trial stage there are two magisterial approaches that may, with some risk of simplification, be called the Red and Green Channels. The first is to insist on some elaborate evidence or material being brought on record by the complainant before setting the law in motion. The second is to simply take the complaint on record, ask the complainant a question or two, and initiate the process by directing the police to investigate and, if necessary, issuing summons or warrants as the case may be. Complaints about cognisable (that is, cases in which the police may arrest without warrant) and non-bailable offences often tend to go through the Green Channel.
The difference in the two approaches is ironical and paradoxical. Thus if a parent finds that a minor daughter has been to enticed into a child marriage, and the police have failed to take action against those who organised it, the complaint would generally have to travel through the Red Channel. A child marriage is not necessarily treated as void in personal law, but those who organise it are liable to some minor punishments. A complainant under Section 190 of the Code read with the Child Marriage Restraint Act of 1929 would have to produce what is known as “pre-summoning” evidence before the magistrate. Long dates might be fixed by the magistrate. Unless other steps are taken, the minor girl might even have produced a child and come of age by the time summons are actually issued to the accused persons.
The Green Channel operates differently. These cases include but are not limited to matters where the police are empowered to make arrests on their own. In a given case, the police may register an FIR and, if empowered, effect arrests on their own initiative.
A vital point to note about the “ordinary” criminal procedure (as distinguished from so-called special laws like the earlier Terrorism and Disruptive Activities Prevention Act) is that it is not in fact ordinary. As in the case of the existing Code of Criminal Procedure, 1973, applicable in India, criminal procedure in post-colonial societies is modelled on or is an outgrowth of colonial procedure. Many provisions have been mechanically continued.
There are several problem areas in criminal procedure relating to case registration, police powers of arrest in respect of certain offences considered graver than others, magisterial powers to direct investigation and, in given situations, issue warrants of arrest, and, finally, in the investigation itself. These aspects of criminal procedure lend themselves to considerable abuse by the police and the subordinate judiciary.
The Code enables a complaint to be made to a magistrate under Section 190 and certain other provisions in case the police do not register an FIR on their own or after a complaint is made to them. On being so approached, magistrates have a variety of options, superimposed on, and sometimes even apart from the usual classification of offences on the basis of seriousness. But broadly during the pre-trial stage there are two magisterial approaches that may, with some risk of simplification, be called the Red and Green Channels. The first is to insist on some elaborate evidence or material being brought on record by the complainant before setting the law in motion. The second is to simply take the complaint on record, ask the complainant a question or two, and initiate the process by directing the police to investigate and, if necessary, issuing summons or warrants as the case may be. Complaints about cognisable (that is, cases in which the police may arrest without warrant) and non-bailable offences often tend to go through the Green Channel.
The difference in the two approaches is ironical and paradoxical. Thus if a parent finds that a minor daughter has been to enticed into a child marriage, and the police have failed to take action against those who organised it, the complaint would generally have to travel through the Red Channel. A child marriage is not necessarily treated as void in personal law, but those who organise it are liable to some minor punishments. A complainant under Section 190 of the Code read with the Child Marriage Restraint Act of 1929 would have to produce what is known as “pre-summoning” evidence before the magistrate. Long dates might be fixed by the magistrate. Unless other steps are taken, the minor girl might even have produced a child and come of age by the time summons are actually issued to the accused persons.
The Green Channel operates differently. These cases include but are not limited to matters where the police are empowered to make arrests on their own. In a given case, the police may register an FIR and, if empowered, effect arrests on their own initiative.
On the other hand,
they may choose not to do so because of political or other pressure. They may
also drag their feet for the reason that they are aware of the false and vexatious
nature of the complaint. The complainant must then approach the magistrate
concerned. At this stage there are few strong safeguards to sieve out
fabricated complaints. In fact, if the complaint is fabricated it stands a
better chance of receiving Green Channel treatment if it alleges the commission
of a serious offence, usually referred to as “cognisable” and “non-bailable.”
Odd though it may sometimes seem, in such matters elaborate preliminary
evidence is not insisted upon as much as it is in the case of lesser offences.
The magistrates are
quicker in such cases to direct police investigation and, as the Gujarat
magistrate’s case shows, even go further and issue arrest warrants; the initial
burden placed upon the complainant by the magistrate is much lighter in such
cases. Even a mere order for investigation means, under some judicial
decisions, that the police must now necessarily register an FIR. The
registration of an FIR implies, in most such cases, arrest of the persons
complained against. Since colonial days, the police have often treated as dead
letters provisions like Section 41 of the Code which require “credible
information” and “reasonable suspicion” before the police may arrest a person
without warrant. Similarly, during investigation the police have traditionally
taken little notice of the stipulation in Section 157 of the Code that an
arrest is to be made when it is “necessary”; there is little appreciation of
the fact that the test of “necessity” is a condition precedent to arrest.
The upshot is that under the existing Code of Criminal Procedure it is easier to obtain, with magisterial aid, arrest of persons in a false case concerning serious-looking offences than to obtain, in a genuine case, even a summons to the wrong-doer in what the law treats as less serious offences. The law offers a Green Channel for the first category and a Red Channel for the second category. There are no “remedies” to this particular malice; much depends upon the human material in the police and in the subordinate judiciary. But three important safeguards may be suggested. First, if it is not a capital case involving murder or rape or a case where there is a chance that the person against whom the charges are made would flee the country, there is no reason why a prior inquiry cannot be made before the criminal process is permitted to reach the stage of arrests or warrants for arrest. Second, if the complaint is not for a capital offence an affidavit ought to be required at an early stage from the complainant affirming the truth of the averments made by him. In the case of capital offences, which may involve greater urgency, such an affidavit may follow later.
The upshot is that under the existing Code of Criminal Procedure it is easier to obtain, with magisterial aid, arrest of persons in a false case concerning serious-looking offences than to obtain, in a genuine case, even a summons to the wrong-doer in what the law treats as less serious offences. The law offers a Green Channel for the first category and a Red Channel for the second category. There are no “remedies” to this particular malice; much depends upon the human material in the police and in the subordinate judiciary. But three important safeguards may be suggested. First, if it is not a capital case involving murder or rape or a case where there is a chance that the person against whom the charges are made would flee the country, there is no reason why a prior inquiry cannot be made before the criminal process is permitted to reach the stage of arrests or warrants for arrest. Second, if the complaint is not for a capital offence an affidavit ought to be required at an early stage from the complainant affirming the truth of the averments made by him. In the case of capital offences, which may involve greater urgency, such an affidavit may follow later.
Recently the Civil
Procedure was amended to require the plaintiff’s affidavit in civil suits.
There is greater reason for such affidavits to be required in respect of
criminal complaints. The penal law does provide for punishment for filing false
complaints. But the suggested affidavit requirement could help discourage false
complaints at the threshold. Third, further safeguards are required in cases of
cross complaints that is complaints made by more than one side against one
another about the same incident or group of incidents. Such situations, often
generated by business or political rivalries, are a common source of mischief.
Sometimes the police, having registered the initial FIR, do not register the
counter complaint, knowing or believing it to be false. At other times the
reverse happens. These moves are accompanied with a complex interplay of the
political, business and legal process, with unpredictable and ever-changing
results. The complaint made by one side could even be suppressed. A cross
complaint may be activated. Much depends on who was contacted by whom e.g.
Politicians in New Delhi instructing Commissioners of Police, Fascist outfits
functioning under a sham civil rights signboard in Ahmedabad. All participate
in determining the outcome of a process in which criminal procedure is reduced
to naught.
It should be mandatory for a complaining party to disclose, in its own complaint before a magistrate, any prior complaints pending against it that may be connected with the same incident or party. A similar responsibility of disclosure must rest upon the police so that such cross complaints may, where appropriate and necessary, be taken up together in the criminal process. The criminal justice process must insist, to the extent this is attainable, upon truth at each stage rather than truth deferred in a bid to achieve interim and collateral objects.
Finally, closer attention is required at the drafting stage.
When the present Code was being drafted and the then Attorney-General appeared to give his evidence before the Joint Committee on the Draft Bill in October 1971 the following exchange occurred:
Chairman: Mr. Attorney General, you must have been very busy...
Witness: I have not gone into the matter in detail; I had no time.
Chairman: Have you gone through the Questionnaire?
Witness: I have read this Press Communiqué.
Chairman: And the Bill?
Witness: No.
(Joint Committee on the Code of Criminal Procedure Bill, 1970, Evidence, Volume II, p. 178).
It should be mandatory for a complaining party to disclose, in its own complaint before a magistrate, any prior complaints pending against it that may be connected with the same incident or party. A similar responsibility of disclosure must rest upon the police so that such cross complaints may, where appropriate and necessary, be taken up together in the criminal process. The criminal justice process must insist, to the extent this is attainable, upon truth at each stage rather than truth deferred in a bid to achieve interim and collateral objects.
Finally, closer attention is required at the drafting stage.
When the present Code was being drafted and the then Attorney-General appeared to give his evidence before the Joint Committee on the Draft Bill in October 1971 the following exchange occurred:
Chairman: Mr. Attorney General, you must have been very busy...
Witness: I have not gone into the matter in detail; I had no time.
Chairman: Have you gone through the Questionnaire?
Witness: I have read this Press Communiqué.
Chairman: And the Bill?
Witness: No.
(Joint Committee on the Code of Criminal Procedure Bill, 1970, Evidence, Volume II, p. 178).
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.
With reports 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 Kochi.
A leading 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.
As reported, 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.
Three years 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 Thrissur.
Several of 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.
Sreenijin has 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.
For the 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’’.
Ansari had 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.
YOU TOO, YOUR HONOUR?
The retired judge
picked to probe the Karnataka land scams has a ‘tsunami of scandals’ in his
past, reports IMRAN KHAN
SOME 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.
But, Justice 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’.
Constituted in 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.
|
The Land Reforms Act
stipulates that any such acquired land shall be forfeited after a summary
inquiry by the assistant commissioner concerned. The JLC also found that the
residential layout did not seek approval from the Bangalore Development
Authority (BDA) — the planning authority under
the Karnataka Town and Country Planning Act. Further, the report
notes that “the House Building Co-operative Society then submitted its layout
to the City Municipal Council, Yelahanka, which is not the planning authority
for the society land.
The JLC also found
that the layout violated norms for the allocation of civic amenities and parks.
Town planning norms mandate 25 percent for civic amenities, while the original
layout plan envisage only 5 percent. The JLC also questioned the
appropriateness of both sitting and retired judges being allotted sites. It
wrote: “The society has allotted sites to persons who are ineligible for
allotment of sites as judicial employees. Most noteworthy of such ineligible
persons are the HC judges, many of whom have been allotted sites.”
Shocked at the extent
of corruption perpetuated by the judiciary, the JLC noted: “The society, which
should have been a model to others, has become the leading lawbreaker without
fear or care of law, property or public interest.” This is a strong indictment.
So how did Yeddy pick Padmaraj?
KOCHI: There is no
respite for Justice K G Balakrishnan, former CJI and present NHRC Chairman,
from controversies.
Close on the heels of
the A Raja episode, he has landed in trouble with allegations erupting over his
assets. A CBI inquiry into the amassment of wealth by him is now on the cards.
The CBI is awaiting a formal nod from the Registrar-General of the Supreme
Court, which is a legal requirement, to launch a probe into his mysterious
assets.
CBI sources have
confirmed the receipt of a complaint against Balakrishnan by a Delhi-based
journalist.
The journalist, in his
complaint filed before the Vice-President’s office, alleged that the former CJI
had amassed wealth disproportionate to his known sources of income.
The Vice- President’s
office forwarded the complaint to the Union Home Ministry which in turn
forwarded it to the CBI.
“We have received the
complaint but no investigation has been launched. It will be launched only
after getting an official nod. The Supreme Court Registrar-General is the
competent authority to give sanction for the probe,” said sources in the Kerala
unit of the CBI.
But, it is reliably
learnt that a quick verification of assets of Justice Balakrishnan’s daughter K
B Sony and her husband P V Sreenijin indicated that everything was not
hunky-dory. Sreenijin, a KPCC member, has allegedly amassed wealth to the tune
of several crores in the past four years.
Sreenijin, who had
declared only assets worth Rs 25,000 in the affidavit filed in the 2006 Assembly
polls (he was the Congress candidate from Njarackal,) now owns several prime
properties, including a riverside plot of 2.5 acres at Annamanada in Thrissur.
He and his wife Sony
have also acquired a flat in the city, a plum office space near the High Court
and 25 cents of land at Elamakkara (in the suburbs of Kochi) where the
construction of a bungalow is in progress. Both Sreenijin and Sony are
practising advocates and don’t have any other known sources of income.
The state unit of the
DYFI has also called for a detailed inquiry into the allegations and demanded
the resignation of Justice Balakrishnan as NHRC chief.
The fresh controversy
will land Justice Balakrishnan in a precarious position as he has already been
under a cloud following Supreme Court Judge H L Gokhale’s revelation regarding
former Telecom Minister A Raja’s bid to influence a Chennai High Court judge.
In a raid on Meerut
Jail led by the DIG of Agra Jail to recover and seize cell phones and other
unauthorised and prohibited items, there was a fight between the jail police
and inmates of the high-security prison. It left six police officials and four
inmates injured.
The raiding DIG said,
"It could not have happened without the connivance of jail officials. We had
special instructions from the home department as Meerut Jail is known for its
lawlessness. But we were shocked when a thou-sand-strong mob attacked us with
sticks and stones. We were trapped and could only escape after we charged
towards the gate."
The prisoners snatched
away all the mobile phones and contra-band recovered during the check that was
ordered at the instance of the State Government. The DIG has accused the
superintendent of Meerut Jail of "inciting the jail inmates to attack us
so that we could not find prohibited articles in the jail".
On the other hand, the
jail superintendent has accused the DIG of demanding illegal gratification.
Some staff has been suspended. The other form of corruption reported from the
Meerut Jail included unauthorised sale of items at exorbitant prices.
Cigarettes were being sold for Rs 20 per stick. It cost Rs 500 for a meal of
choice. A local call could be made for Rs 20, an STD call cost Rs 100. The
Meerut Jail, built to house 700 inmates, now has 1,850 prisoners.
A former Uttar Pradesh
Minister, serving his sentence in Lucknow Jail for the murder of his mistress
Madhumita Shukla, freely hosted a wedding anniversary bash for a co-accused in
the murder case inside the jail premises. A sitting Minister when asked replied,
"No one is born a criminal and the Samajwadi Party believes in
transformation of criminals. You can't stop anyone from celebrating an occasion
concerning him, his family or near and dear ones - within the premises of the
jail. As per my knowledge, there was no violation of the jail manual."
In 2004, three accused
involved in the assassination of Punjab Chief Minister Beant Singh escaped
scandalously from the Burail Jail in Chandigarh. Inspection of the jail
showed that the high profile prisoners were not only leading a luxurious life,
but they had also enclosed their cells in a way that their activities inside
could not be kept under vigil. Once the cell was turned into a virtual
fortress, the prisoners dug a tunnel to escape.
The escape of
terrorists involved in one of the most high-profile assassinations could not
have materialised simply through a nexus between corrupt jail staffers and the
prisoners. Vast sums of money as well as a pattern of internal and external
intimidation was necessary to create the conditions for the eventual breakout
and a significant network of support was essential to make sure that the
fugitives could evade the police system once they were out.
The escape of Phoolan
Devi's killers from high security Tihar Jail and other similar escapes of
prisoners highlight the ineptitude and complicity of jail staff. Tihar Jail is
actually a complex of seven prisons, having a capacity of 4,000 prisoners. But
actually there are more than 12,000 prisoners lodged there. Regrettably, there is
no fixed rule as to how many prisoners can be lodged in a particular jail.
The following is the
existing jail system. There are two categories of jails - district jails
normally built for 400 prisoners each and central jails for 750 each. The jail
staff members are not from the police and have their own distinct hierarchy.
There are different categories of under-trial prisoners depending upon their
education and social status. Courts have directed jails to do away with the
colonial, vintage classification of under-trial prisoners into Class I, II and
III, based on their socio-economic status, but Government continues to stick to
the old practice.
Selected prisoners are
used for the internal management of jails - to make up for manpower shortage -
as well as administrative work. The convict- supervisors become a link between
the prisoners and jail officials. They are given an incentive for their work.
Any wrong placement or selection can lead to the escape of prisoners or other
crimes going unchecked inside the jails.
The Indira Gandhi
Government had set up a high-powered panel in 1980 to propose prison reforms.
The apparent cause was Mrs Gandhi's first-hand experience of the conditions in
Tihar where she was lodged in 1978. Mrs Gandhi appointed the Justice AN Mulla
Committee to review the national jail system even though jail is a State
Government subject.
The Mulla Committee,
1983, recommended that the Constitution be amended to shift the subject of
prisons from the State List to the Concurrent List. That never happened. The
Centre at present has no say in the matter of jails except when they are
in Union Territories where, again, jails are far from being
models. The result is that jails continue to be governed by an outdated law
enacted by the British in 1894. The position is that the jail conditions vary
greatly from one State to another or even from prison to prison. There is no
national policy on prisons.
A sensible
recommendation of the Mulla Committee was to classify prisons into special
security, maximum, medium and minimum security prisons. Such a classification
can serve as a safeguard against jailbreaks and jail riots.
Much before sting
operations became a norm with the media, a hard-hitting report had shown that
in the Tihar Jail, officials mixed with notorious inmates like Charles Sobraj
who ran an extensive drug and liquor racket with impunity. This led to a secret
visit of the then Home Minister Giani Zail Singh to Tihar Jail. He was stunned
to see a drunken prisoner offering him a bottle of liquor. A mortified
Government finally suspended two jail officials.
Criminalisation of
politics has produced a strange phenomenon. Criminals have contested elections
from behind the bars and some of them have won. Given such topsy-turvy world of
politics, prison officials are often either unmindful of the crimes being
committed regularly inside the prisons, or sometimes they are the ones to
provide prisoners with mobile phones, drugs and food. These jail staffers also
organise kavi sammelans and mushairas and help prisoners run extortion rackets
and criminal gangs from inside the jails. A prison for some prisoners has
become a home away from home.
The next issue is that
of under-trials. According to the statistics compiled by the Custodial Justice
Cell of the National Human Rights Commission, 225,817 of 304,893 or 74.06 per
cent of the total prison population in the country comprises those awaiting
trial. The total jail capacity in India is 232,412 prisoners, which
makes the total prison population 31 per cent higher than capacity, clearly
emphasising the urgent need for a speedier justice mechanism.
Only when politicians
go to jail do they talk about reforming the jail system. They forget the issue
the moment they are out. We must be clear as to what kind of confinement or
jail system we want. The time to make a beginning is now before things get
worse. There must be a Central law to be followed as a model by all States.
Pune: A
highly confidential inquiry report by the Maharashtra prison department has
revealed that several key undertrials, including Mohammad Dossa, underworld
don-turned-politician Arun Gawli and DK Rao (the right-hand man of fugitive
gangster Chhota Rajan), among others, freely availed of "leave" out
of the Arthur Road jail in Mumbai over the last three years.
The jail authorities
neither reported the leave granted to these high-profile undertrials to senior
prison authorities, nor did they raise objections to the leave applications in
court.
A senior prison
officer told DNA that the inquiry report has been sent to the state home
department for action as it has exposed corrupt practices at the jail.
Ironically, officials
of the state prison department have none other than 26/11 accused Mohammed
Ajmal Amir aka Kasab to thank for the revelation of this nexus between the
prison authorities and the undertrials.
Sources told DNA that
when the undertrials, including Rao and Gawli, were shifted to Taloja in Navi
Mumbai, they started demanding similar treatment at the new jail premises. They
were shifted to Taloja so that maximum protection could be provided to Kasab,
who was to be lodged at the Arthur Road jail.
"The undertrials
continued to demand leave at Taloja as they had at Arthur Road," said an
official, adding that the authorities at Taloja then reported the matter to
senior prison authorities in Pune and Mumbai.
Former superintendent
of Arthur Road jail Swati Sathe, who is currently posted in Nashik, said she
was unaware of any inquiry.
It was during Sathe's
tenure that the "influential undertrials" availed of leave.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The authorities did
not deny leave to around 45 gangsters, most of whom are booked under the
stringent Maharashtra Control of Organised Crime Act, 1999. One undertrial
gangster was found to have "gone on leave" on 35 occasions, the
report said.
The Maharashtra
Prisons Manual has no provision to grant leave to undertrials, as is allowed in
the case of convicts lodged in jails. It is customary for an undertrial to
obtain permission from a court in order to avail leave.
The inquiry revealed
that none of the 45 undertrials sent their applications via the jail officials.
They were directly sent to court.
Significantly, the
authorities at Arthur Road jail failed to appeal against this.
The jail authorities
also failed to report the leave taken by the under-trials to the state
government, which generally alerts the police machinery to keep a close watch
on the activities of the suspects.
State prisons chief,
inspector-general of police Uddhav Kamble confirmed to DNA the commissioning of
the inquiry, but refused to elaborate. A senior official of the prison
department confirmed the developments as well.
Another senior jail
official explained that leave is only granted to an under-trial by the court
for emergency situations, like the demise or serious health condition of the
next-of-kin, besides attending the marriage of his/her children.
Leave can also be
availed for emergency medical treatment at the private hospitals, but only
under the supervision of the jail authorities. However the under-trials went on
leave to attend marriages and death of distant relatives, other minor health
issues of family members and even their companions.
Kamble sought a
detailed record from the deputy inspector general of police (prisons), Mumbai,
of all the leave awarded by the courts. The DIG, Mumbai conducted an inquiry
and found the involvement of Arthur Road Jail officials. Another inquiry was
commissioned to verify the findings of the DIG's report.
In Pune, 22 inmates
have been missing from the Yerawada Central Prison after they were granted
parole or furlough in the past 30 years.
Mumbai-based gangster
Vijay Thopte who was accused in the murder of union leader Datta Samant and
Arun Gawli gang member Eknath Arjun Mohite of Bhosari are among those missing
from the Yerawada jail. While Thopte has been missing after he was granted
parole a year ago, Mohite, who has several cases registered against him with
the Pune city and rural police units, has been missing for more than a year
now.
Might Not Have Recommended
Parole For Manu: Pilot
Disapproving the grant
of parole to Jessica Lall murder convict Manu Sharma, who also happens to be
the son of an influential Haryana Congress leader, Congress leader Sachin Pilot
has said that he might not have recommended parole to the lifer had he been the
chief minister of Delhi.
"I personally believe that perhaps more diligence should have been made before issuing these orders. The fact that he has already gone back (to jail) does not make a difference now," Pilot said while participating in a TV programme.
Asked whether it was a mistake for the Delhi government to have recommended parole for Sharma, Pilot said, "Well I am not Delhi chief minister. From whatever I know of the case, if I was the chief minister I would probably not have given the parole".
Sharma was granted parole after chief minister Sheila Dikshit recommended it. Sharma, who had applied for the parole on the ground of performing religious rites for his grandmother (who died in 2008), attending to his ailing -- later modified to 'ageing' -- mother, and business matters, in Chandigarh.
Significantly, the Delhi Police has gone on record to say that it had opposed the grant of parole. It has been reported that the Delhi government has so far received 132 parole applications this year out of which as many as 88 are still pending, 33 were rejected and 11 applicants were granted parole.
Dikshit had so far been under fire for justifying her decision, saying that it was within the "legal purview" only from the opposition BJP and legal luminaries, who had so far been protesting that it was a blatant case of partisanship. Not only was Manu Sharma granted parole on flimsy grounds, and his parole extended by another month on the recommendation by Dikshit, he clearly violated the parole conditions as well.
Opposition BJP points out that Manu Sharma's father Venod Sharma, who is an influential Congress leader in Haryana, played a major role in ensuring that the Congress government in Haryana could be sworn. He is believed to have been instrumental in getting the support of not only the seven independents but also the defectors from Haryana Janhit Congress which now only has Kuldeep Bishnoi left because as many as five of his MLAs joined Congress on Monday.
Sachin Pilot is the first Congress leader who has gone on record to even mildly express disagreement over the issue.
Nobody would have known
What is even more significant is that the news of Jessica Lal murder convict -- who is serving a life sentence for having shot dead the Delhi model on April 29, 1999 at the Tamarind Court Bar -- being out on parole came to public notice only because he was yet again involved in a brawl in a nightclub.
Observers point out that the brawl on the night of November 6 at F bar in New Delhi's Ashoka hotel that Manu Sharma and Sahil Dhingra got involved with Pranay Dadwal and his female friend may even have gone unreported or been hushed up had Delhi police commissioner's own son not been involved in the case.
The argument turned ugly and Pranay Dadwal informed his father, who happens to be none other than Delhi Police Commissioner Y.S. Dadwal.
It was because of this that a jeepload of cops landed up at the bar.
By then Manu Sharma and his friends had left F bar and moved to the exclusive LAP bar in the adjacent Samrat hotel, which is owned by Mumbai film actor and model Arjun Rampal.
By the time the police reached LAP, Manu had escaped. The police picked up Dhingra, and it was only on going through the CCTV video coverage that it could be confirmed that the person accompanying Dhingra was none other than the high profile Manu Sharma who, most people assumed, should have been in jail.
It was only then that it came to light that he had not only been granted parole, it had even been extended, while he had been out there partying at various nightclubs and bars, not only in Chandigarh, where he was supposed to be for the period of his parole, but also in Delhi.
Observers also point out how thee is nothing new in the subversion of justice in Manu Sharma's case, as the powers that be had almost ensured his acquittal in the Jessica Lal murder case, which got re-opened because of an unprecedented media and public campaign.
"I personally believe that perhaps more diligence should have been made before issuing these orders. The fact that he has already gone back (to jail) does not make a difference now," Pilot said while participating in a TV programme.
Asked whether it was a mistake for the Delhi government to have recommended parole for Sharma, Pilot said, "Well I am not Delhi chief minister. From whatever I know of the case, if I was the chief minister I would probably not have given the parole".
Sharma was granted parole after chief minister Sheila Dikshit recommended it. Sharma, who had applied for the parole on the ground of performing religious rites for his grandmother (who died in 2008), attending to his ailing -- later modified to 'ageing' -- mother, and business matters, in Chandigarh.
Significantly, the Delhi Police has gone on record to say that it had opposed the grant of parole. It has been reported that the Delhi government has so far received 132 parole applications this year out of which as many as 88 are still pending, 33 were rejected and 11 applicants were granted parole.
Dikshit had so far been under fire for justifying her decision, saying that it was within the "legal purview" only from the opposition BJP and legal luminaries, who had so far been protesting that it was a blatant case of partisanship. Not only was Manu Sharma granted parole on flimsy grounds, and his parole extended by another month on the recommendation by Dikshit, he clearly violated the parole conditions as well.
Opposition BJP points out that Manu Sharma's father Venod Sharma, who is an influential Congress leader in Haryana, played a major role in ensuring that the Congress government in Haryana could be sworn. He is believed to have been instrumental in getting the support of not only the seven independents but also the defectors from Haryana Janhit Congress which now only has Kuldeep Bishnoi left because as many as five of his MLAs joined Congress on Monday.
Sachin Pilot is the first Congress leader who has gone on record to even mildly express disagreement over the issue.
Nobody would have known
What is even more significant is that the news of Jessica Lal murder convict -- who is serving a life sentence for having shot dead the Delhi model on April 29, 1999 at the Tamarind Court Bar -- being out on parole came to public notice only because he was yet again involved in a brawl in a nightclub.
Observers point out that the brawl on the night of November 6 at F bar in New Delhi's Ashoka hotel that Manu Sharma and Sahil Dhingra got involved with Pranay Dadwal and his female friend may even have gone unreported or been hushed up had Delhi police commissioner's own son not been involved in the case.
The argument turned ugly and Pranay Dadwal informed his father, who happens to be none other than Delhi Police Commissioner Y.S. Dadwal.
It was because of this that a jeepload of cops landed up at the bar.
By then Manu Sharma and his friends had left F bar and moved to the exclusive LAP bar in the adjacent Samrat hotel, which is owned by Mumbai film actor and model Arjun Rampal.
By the time the police reached LAP, Manu had escaped. The police picked up Dhingra, and it was only on going through the CCTV video coverage that it could be confirmed that the person accompanying Dhingra was none other than the high profile Manu Sharma who, most people assumed, should have been in jail.
It was only then that it came to light that he had not only been granted parole, it had even been extended, while he had been out there partying at various nightclubs and bars, not only in Chandigarh, where he was supposed to be for the period of his parole, but also in Delhi.
Observers also point out how thee is nothing new in the subversion of justice in Manu Sharma's case, as the powers that be had almost ensured his acquittal in the Jessica Lal murder case, which got re-opened because of an unprecedented media and public campaign.
CAN JUDGEMENT BE
MANIPULATED IN INDIAN COURTS OF JUSTICE ? - WHY NOT PRISON SENTENCE FOR GUILTY
SUPREME COURT ADVOCATES ?
New Delhi,
August 21 The Delhi High Court imposed a four-month ban on senior advocate R K
Anand and colleague I U Khan on Thursday for interfering with judicial
proceedings in the high-profile BMW hit-and- run case. A fine of Rs 2,000 was
levied as well.
On May 30, 2007,
television channel NDTV caught both lawyers in a "sting" operation,
conniving with key prosecution witness Suniel Kulkarni to get main
accused Sanjeev Nanda off the hook.
A High Court Bench
comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of
criminal contempt.
"The entire
material leaves a bitter taste in the mouth about the goings-on in the BMW
case. There is no manner of doubt whatsoever that there was complicity between
Mr Khan and Mr Anand... There can be absolutely no doubt that Mr Khan and Mr
Anand were, somehow or the other, more than mixed up in the BMW case,"
observed the court, which had taken suo motu cognizance of the expose the day
after it was aired.
"Mr Anand and Mr
Khan are prohibited from appearing in this court (Delhi High Court) or courts
subordinate to it for four months from today. However, they are free to
discharge their professional duties in terms of consultation, advice,
conferences, opinions, etc," said the Bench.
The court desisted
from commenting on the conduct of Kulkarni, saying it would not be
"proper" to do so. Though the verdict comes solely on basis of the
CDs and transcripts of the sting operation, the Bench said, "the
unshakeable truth is that Mr Anand is guilty of criminal contempt of
court". Contemplating a fit punishment, the Bench wondered how many in the
legal fraternity had had been taken by surprise to find Anand indulging in such
"sharp practices". "Mr Anand has held many prestigious elective
positions in the legal fraternity, including the Bar Council of Delhi. He has
also been a Member of the Rajya Sabha," noted the Bench.
The court said it knew
Khan for his legal acumen and forensic skills — "perhaps the reason why he
was appointed Special Public Prosecutor in the BMW case". High
expectations over Khan fell apart when his conduct "betrayed the trust
that prosecution reposed in him... what he did was perhaps beyond the realm of
contemplation of the prosecuting agency".
Chastising the two for
their misconduct, the Bench said: "We are not dealing with a young lawyer
who, driven by ambition and desire... transgresses the limits or unwittingly or
unknowingly commits criminal contempt. We are dealing with senior advocates,
who are expected to conduct themselves as gentlemen and role models for younger
members of the Bar."
The court forwarded a
recommendation that the two be "stripped of their designations as senior
advocates". The High Court Registrar General will put up the court's
recommendation before Chief Justice AP Shah within a month.
In response to the
verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about
20,000 lawyers from district courts were going on strike on August 22 in
protest.
R K Anand
Began legal career in
Delhi's Tis Hazari Court as a civil lawyer in 1967. Appointed government
counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand.
Appointed AICC observer for Assembly polls in Himachal Pradesh in February
2003.
High-profile cases:
* In 1980, represented
the late Indira Gandhi in a property litigation filed by Maneka Gandhi after
Sanjay Gandhi's death
* Narasimha Rao in the
JMM bribery and the St Kitts case
* Chandraswami in the
FERA violation case
* H K L Bhagat in the
1984 anti-Sikh riots case
* Former external
affairs minister Natwar Singh's son Jagat Singh in the murder/suicide of his
wife Natasha Singh
I U Khan
One of the top five
criminal lawyers in Capital. He was charging a fee of only Re 1 in the BMW
case. Began his career in late 1960s, and came into spotlight in 1980s.
* Defended Sushil
Sharma in the tandoor murder case, Subash Gupta in the Personal Point triple
murder, former Youth Congress President Romesh Sharma in several cases and Tony
Gill in Jessica Lall murdercase
When prosecution &
defence lawyer together team up along with corrupt police / public servants and
manipulate evidences / records , the court is helpless and will acquit the
accussed for lack of evidences eventhough the presiding judge is of impeccable
integrity , honesty , he is help less. Add to this , if the presiding judge
happens to be corrupt & teams up with the criminal nexus , the result is
devastating , the rich criminal will get away & the innocent will suffer
punishment in some cases even death sentence. Who will bell these few corrupt
among the judiciary , bar , police & public service ? why not prison
sentence for two leading advocates on criminal charges of contempt of court ,
destruction of evidences ? are they above law ? why favouritism by court to the
guilty in awarding punishment to guilty two advocates as they happen to be
political influential ? will the court let a common man so leniently for the
same charges ? In the past cases dealt by these corrupt duo advocates , there
are possibilities that the same tactics of manipulation of evidences ,
prosecution is done to win the cases , to free the rich criminals , why not
review of the cases dealt by these corrupt advocates ? The honest few
among judiciary , bar , police & public service must uphold our
constitution , rule of law & bring to book their corrupt colleagues.
CASH FOR JUDGEMENT
Chandigarh, August 22:
Punjab and Haryana High Court Judge Nirmal Yadav who has gone on leave after
her name is said to have figured in the statements of the main accused in the
case involving the delivery of cash at another High Court Judge's house, said
today that she was a "victim of a vilification campaign." Speaking to
The Indian Express at her Sector 24 residence here today, Justice Yadav said
that "some influential persons were trying to shift the focus on her to
save the real accused." Justice Yadav denied that former Haryana
Additional Advocate General Sanjeev Bansal had talked to her on phone on August
13 when Bansal's clerk "mistakenly" delivered a bag containing Rs 15
lakh to the residence of Justice Nirmaljit Kaur, another sitting Judge of the
High Court.
"Let any agency
prove that I talked to Sanjeev Bansal on phone either on that day or any day in
the past one month," Justice Yadav said. "I am ready to face all consequences
if this allegation is found true. I have had no dealings with Bansal. I have
not received any money from Bansal or any of his associates. I am sure I will
get justice." Justice Yadav said she had explained her position to High
Court Chief Justice T S Thakur and had "proceeded on leave." She said
she would not hear any case until her name is cleared.
Sources close to her
said that during her meeting with Justice Thakur yesterday evening, in which
some other senior judges were also present, Justice Yadav offered to proceed on
leave to "maintain the highest traditions of Indian judiciary."
Justice Thakur told The Indian Express that he had not asked Justice Yadav to
proceed on leave and that it was her own decision. It is learnt that in her
meeting with Justice Thakur, Yadav vehemently denied any role in the entire
role. While acknowledging that she and some other members of her family had
bought a plot of 11.1 bighas of land (see accompanying story) at village Rihun
Pargana near Kumharhatti in Solan district of Himachal Pradesh on August 14,
Yadav is learnt to have denied that the money for purchasing the land came from
Bansal or Ravinder Singh, the Delhi businessman, who is also named in the case.
"Can't a judge
buy legal property? Let the police or any other investigating agency prove that
the money for the deal was provided by Bansal or Singh," she is learnt to
have told the Chief Justice. But she is learnt to have acknowledged, in her
meeting with the Chief Justcie, that she knew Ravinder Singh. She is learnt to
have said that she came to know him through some other judges.
Meanwhile, highly
placed sources in the High Court confirmed that Chief Justice Thakur is
awaiting the return of Chief Justice of India KG Balakrishnan from Brazil to
apprise him of the developments in the case. The Chief Justice is learnt to
have asked the administrative committee, comprising senior judges, to monitor
the case on a daily basis.
The Rs 15-lakh
delivery: Story So Far
•August 13: Parkash
Ram, an assistant to Haryana's Additional Advocate General Sanjeev Bansal,
delivers a parcel containing Rs 15 lakh at the residence of Justice Nirmaljit
Kaur of the Punjab and Haryana High Court. Justice Kaur calls the police.
•Rajeev Gupta,
Bansal's friend and a property dealer, tells the police that the money reached
there by mistake and it was meant for Nirmal Singh, another property dealer.
Chandigarh Police decline to hand over the cash. Bansal is questioned
•August 16: A case is
registered against Bansal, Parkash Ram and Delhi- based hotelier Ravinder Singh
who allegedly organised the money
•Bansal resigns as
Addl AG and surrenders on August 19
•August 21: Rajeev
Gupta, the property dealer who claimed the money was meant for Nirmal Singh, is
arrested. The Inspector General of Police sends a report to the Chief Justice
of Punjab and Haryana High Court. The report says that the money was meant for
another judge.
•August 22: Justice
Nirmal Yadav proceeds on leave
Caught in controversy is
Solan plot that judge, 16 others purchased
CHANDIGARH, SOLAN, August
22: On August 14, according to revenue records, a plot measuring 11.1 bighas in
Solan was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500.
Details of the transaction, obtained by The Indian Express, show that the land
was purchased by her and 16 others from six persons, all residents of village
Rihun Pargana, near Kumharhatti in the Solan district of Himachal Pradesh.
This purchase is said to
have figured in the meeting between Justice Yadav and the High Court Chief
Justice yesterday. Justice Yadav is said to have told the Chief Justice:
"Can't a judge buy legal property? Let the police or any other
investigating agency prove that the money for the deal was provided by
(Sanjeev) Bansal or Ravinder Singh." The purchasers and sellers obtained
permission from the Himachal Pradesh Government under Section 118 of the
Himachal Pradesh Tenancy Act. Solan Naib Tehsildar N S Chauhan has confirmed on
record that that the deal had been registered as per the details we have. The land
was sold by residents of village including Baldev; Narinder Kumar; Surinder
Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The sellers have given a
General Power of Attorney to Surinder Kumar (one of the partners among the
sellers), who executed a sale agreement in favour of the buyers.
Those named as purchasers
(partners) in the land deal include Suruchi, a resident of House no. 3, Sector
14, Gurgaon; Trisha Chaudhary; Ram Niwas; Rajender Yadav; Chiranjeev; Latika;
Deepak; Sunita; Vivek; Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh
Yadav; Ajay Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector
11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav.
Three booked in judge
bribery case
Haryana Addl Advocate General
among booked Chandigarh, August 16: Three persons, including Additional
Advocate General of Haryana Sanjeev Bansal, were on Saturday booked for an
attempt to bribe a Punjab and Haryana High Court Judge. The other two are
Bansal's munshi Parkash, who had carried Rs 15 lakh to the residence of High
Court judge Nirmaljit Kaur on Wednesday night, and Ravinder Singh, a
Delhi-based businessman who has a hotel in Karol Bagh. The munshi was taken
into custody while a police party has been despatched to Delhi to nab Singh.
Assistant Superintendent of Police Madhur Verma said the amount was supposed to
be handed over to some other public servant but was mistakenly delivered at
Kaur's house. An FIR was lodged after Kaur complained to the police. She also
reported the matter to the Chief Justice. Police said Singh had allegedly paid
Bansal a huge amount to get settled a criminal case pending in the High Court.
The case is due to come up for hearing on Wednesday.
Earlier, Singh had
claimed the amount was pertaining to a property deal he had struck with a
resident of Panchkula. The money was supposed to be delivered to one Nirmal
Singh and was mistakenly delivered at the judge's house. Verma, however, said
the preliminary investigation had ruled out the possibility of the amount being
related to any property deal. "Bansal failed to give a detailed account of
the cash. He produced some papers pertaining to some property in Panchkula but
that did not carry any weight. Our investigations caught him on the wrong foot
and, therefore, we booked him along with two others under the Prevention of
Corruption Act and criminal conspiracy," he added. Bansal has been
handling several high-profile cases. He is one of the dozen-odd Additional
Advocate Generals appointed by the Haryana Government about two years ago.
Corrupt judge in Allahabad
High Court by Rajeev
If the Judges go
corrupt, then it is GOD who will give one justice when one go to heaven or
hell. It is a Irony that I filed a complaint against a District and Session
Judge who later promoted to High Court of Allahabad. I wish the God will serve
HIS justice to Hon'ble Justice Umeshware Pandey, now enjoying at High Court and
selling (Mis)Justice at Rs 100000 per page!! Here I am elaborating what had
happened. In 1994, two people name Parashram Agarwal and Mohan Lal Agarwal
wanted to grab my father's property and in March 1994 they beat him and pulled
his legs( just imagine the pain) making him handicapped for life. Then in court
those guys were merely sentenced for 6 months in Jail, but they did not went
for the jail for single day or hour and appealed to Sessions Court and then the
corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in Criminal Revision
number 13/2000 from Parashram Agarwal and Mohan Lal.
It is a shame on
Umeshwar Pandey that he cannot see a Handicapped man suffering for last 9 years
and even then not given the justice. Umeshwar Pandey has taken this bribe
via his Steno name some G. D. Gupta. It is the habit of Parashram and MohanLal
to record the conversation while giving bribes on hidden audio recorder and the
same cassette can be recovered if the authority try. It is been 8 months since
I have informed various authorities by registered letters and phone calls from
USA for no action till date.
I have spoken to Mr
Jagmohan Paliwal who was posted as Vigilance Officer for no action till date
and the recording attached is from Sept 2002. Similarly I have spoken
with Mr. K. S. Rakhra who was posted as Registrar General but no action till
date, and the recoding shown is from Sept 2002 too. Even CBI has forwarded my
letter to Registrar General, but no action is taken on that one too.
I have emaild my plea to
few High court Judges too for no response. I just hope GOD is there who will
give some justice. But the corrupt Judges should stop imitating as GOD they are
devil actually. The only solution can be people make a limit. How much money a
person needs. I often think about a story that a saint refused to take the food
as he already got the food for today and he do not want to collect for
tomorrow. But I don't know why people want to generate money for 7 generations.
If a careful analysis and investigation is done Umeshwar Pamdey has Black money
worth 3 generations. I guess instead of Lakhs and Carore now corruption should
be measured in generations.
Education is important.
People need to understand the meaning of freedom truly. IF I say boldly India
is still not free. People have mentality that they need to pay to Government
officials for work. This mentality has to be removed.
Thanks
Rajeev
HC suspends judge over
corruption complaints
AHMEDABAD: The Gujarat
High Court has suspended a fast track court judge in Rajpipla after receiving
several complaints of corruption and favouritism against her. Rajpipla fast
track court Judge DL Desai was suspended on Thursday evening after a primary
inquiry held by the court's vigilance department said that the complaints
against her had substance. Further inquiry against her will be conducted by the
department. Besides the complaint of favouritism in Rajpipla, where she was
presently posted, the Desai was also accused of similar charges and issuing
certificates without proper verification in Bharuch, where the she was
discharging her duty as a principal district judge, the High Court authorities
said.
The HC administration
seems to be seriously taking the issue of corruption prevailing in Gujarat's
judiciary, as Desai's is the fourth suspension in last three months. Earlier in
May, a judge in Surat's court, AN Vinjhola was suspended after similar
complaints against him. The court administration also found him in possession
of property out of proportion considering his known sources of income. Last
month, two judges were suspended on charges of corruption. The Ahmedabad city
civil Judge NM Thakor and KV Kakkad were also suspended by the HC after holding
preliminary inquiry into complaints against them. All the four suspended judges
are now facing departmental inquiry.
FOREIGN TOURS OF INDIAN
JUDGES AT TAXPAYER'S EXPENSE
New Delhi: CNN-IBN's
exclusive report on some judges using official trips to holiday, has sparked
off the debate - should judges be above the purview of the Right to Information
(RTI) Act? RTI activists say there is every reason why the RTI Act should apply
to the higher judiciary as well. Questions are now being asked in South Block,
too, following the expose on Supreme Court judges. Records obtained under the
RTI shows judges have been converting work trips to holidays, taking long
detours and are accompanied by their wives while traveling abroad.
At present there are no
travel guidelines for the judiciary and the Bar Council of India is suggesting
a course correction. "I think the judges must pay or should pay the amount
to the government," Bar Council of India Chairman SNP Sinha said in Patna
on Wednesday.
Under the RTI, CNN-IBN
found that for Chief Justice KG Balakrishnan's 11-day trip to Pretoria, South
Africa in August 2007 the route was - Delhi, Dubai, Johannesburg, Nelspruit,
Capetown, Johannesburg, Victoria Falls, where the judge finally didn't go and
back to Delhi via Dubai.
Former chief justice YK
Sabharwal attended three conferences in 2005 to Edinburgh, Washington and
Paris. While the conferences lasted 11 days, Sabharwal was out for 38 days with
21 days converted into a private visit. The travel plan included a detour from
Washington to Baltimore, Orlando and Atlanta, before rejoining the conference
route in Paris. The First Class air fare for Sabharwal's entire trip was paid
by the government. Activists are now renewing the debate on the RTI act
applying to judges as well
RTI activist Arvind
Kejriwal said: "It only underscores why the RTI needs to be applied to
judges and judiciary." Just like Caesar's wife should be above suspicion,
RTI activists are demanding that SC judges too should be seen to be
accountable.
RTI QUESTIONS
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 to CRIMES
APPLICATION FOR
INFORMATION AS PER RTI ACT 2005
(
SEE 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,
LAXMIKANTANAGAR,
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
& police.
Main A :
At the outset , we
express our whole hearted respects to all constitutional institutions
& to the honest few in public service. Contempt of constitutional
institutions , citizens of India is being made by the corrupt persons in
constitutional positions themselves. This is an appeal to the honest few in
public service , constitutional positions , to bring their corrupt colleagues
to book.
1.
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 ?
2.
why transparent , fair investigation is not done in such cases ?
3.
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 ?
4.
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 ?
5.
is the election commission of India verifying the authenticity of affidavits
submitted by electoral candidates ?
6.
how many candidates have been caught so far for giving false affidavits ? are
all the violators prosecuted?
7.
are the MPs , MLAs submitting their wealth details on affidavits yearly to
vigilance authorities ? defaulters , violators how many ?
8.
what legal action taken against violators , defaulters , for giving false
affidavits ?
9.
who is checking the authenticity of those affidavits submitted by MPs , MLAs ?
10.
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 :
1.
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 ?
2.
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 ?
3.
why no proper , timely action was not taken based on numerous police complaints
made by us ?
4.
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 ?
5.
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 ?
6.
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 ?
7.
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 ?
8.
the delay in taking action by public servants with respect to following
cases has resulted in more crimes , destruction / manipulation of
evidences , records and more injustices to commonman. Why the authorities
did not take timely action against criminals in following cases ?
SOS Appeal to SUPREME
COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-...
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-...
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
ACCUSED Chief Justice
of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of...
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of...
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of...
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of...
CROSS EXAM OF
HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201
HONOR OF INDIAN
PALIAMENT FOR SALE
Persecuted IROM
SHARMILA of Puttaparthi AP – pushpa kolasani on hunger strike in
anantapur district jail Andhra Pradesh
9.
how many judges are caught by authorities for doing improper , immoral &
illegal acts , since independence till date ? what action taken in each case ?
10.
what action taken against copy cat judges caught red handed while copying in
public examination in Andhra Pradesh ?
11.
have you reviewed all the previous judicial decisions taken by such
judges of doubtful integrity & honesty ?
12.
is it not the duty of government & supreme court of India , to
protect the fundamental rights & human rights of all Indian citizens
?
13.
why the government & supreme court of India has failed to protect the
fundamental rights & human rights of me & those mentioned
in my complaint ?
14.
how many former CJIs , supreme court & high court judges have
disproportionate wealth ?
15.
Your denial of information to my previous RTI requests amounts to
suppression of evidence , hiding crimes , what action against erring public
servants ?
16.
why my previous RTI requests or part there of was not transferred to
appropriate authorities and information given to me in a consolidated form ?
Main C :
Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan's territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like "poly graph , lie detector , brain mapping , etc" , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of "Karnataka state government judicial department house building co-operative society". Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society's – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?
Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?
Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?
Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?
Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?
Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges
Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?
Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?
Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?
Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?
Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?
Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?
Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?
Q164. Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Q 172 . What action has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?
Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official Mr. Anderson to escape law , to jump bail & flee the country without court’s permission ?
Q 174 . What action has been taken against the above said guilty with respect to their contempt of court & for aiding a criminal to escape ?
Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ? what action has been taken against the CJI who became an official of the trust belonging to the criminal ?
Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?
Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?
Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?
Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t press for the extradition of the criminal Mr.Anderson , for producing the criminal accussed no.1 before the trial court ?
Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?
Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt labour / pollution control board officials HUMAN BEINGS ?
Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .
These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.
Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?
Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan's territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like "poly graph , lie detector , brain mapping , etc" , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of "Karnataka state government judicial department house building co-operative society". Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society's – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?
Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?
Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?
Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?
Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?
Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges
Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?
Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?
Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?
Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?
Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?
Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?
Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?
Q164. Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Q 172 . What action has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?
Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official Mr. Anderson to escape law , to jump bail & flee the country without court’s permission ?
Q 174 . What action has been taken against the above said guilty with respect to their contempt of court & for aiding a criminal to escape ?
Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ? what action has been taken against the CJI who became an official of the trust belonging to the criminal ?
Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?
Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?
Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?
Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t press for the extradition of the criminal Mr.Anderson , for producing the criminal accussed no.1 before the trial court ?
Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?
Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt labour / pollution control board officials HUMAN BEINGS ?
Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .
These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.
YEAR TO WHICH ABOVE
PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2011 . SOME OF THE
DOCUMENTS ARE DATED BACK TO 1947.
PUBLIC INFORMATION
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 :
1.
IPO 90E 787047 for rupees ten only.
2.
IPO 90E 787048 for rupees ten only.
3.
IPO 90E 787049 for rupees ten only.
4.
IPO 90E 787050 for rupees ten only.
5.
IPO 90E 787051 for rupees ten only.
6.
IPO 56C 376730 for rupees 5 only + IPO 56C 376731 for rupees 5 only.
7.
IPO 56C 376732 for rupees 5 only + IPO 56C 376733 for rupees 5 only.
8.
IPO 56C 376734 for rupees 5 only + IPOIPO 56C 376735 for rupees 5 only.
Enclosed :
1.
Police Complaint dated 19.03.2011
2.
Show Cause Notice Dated 19.03.2011
3.
ABCD Lesson of Democracy.
DATE : 19.03.2011 ……………..………………………NAGARAJ.M.R.
PLACE : MYSORE ,
INDIA….. ……………………….( APPLICANT)
.......................DECLARATION…….......…………………
Name : ...........................NAGARAJA.M.R.
Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA
Professional / Trade Title : S.O.S - e – 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 / individuals .
Monetary Gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.
Owner/Editor/Printer/Publisher : 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 :
http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/
Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,
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 & Constitutional fuctionaries.
date :15.07.2012…………………………..Your's sincerely,
place : India………………………………….Nagaraja.M.R.
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 & Constitutional fuctionaries.
date :15.07.2012…………………………..Your's sincerely,
place : India………………………………….Nagaraja.M.R.
edited , printed , published & owned by NAGARAJA.M.R.
@ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE ,
LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA
cell : 91
9341820313
home page:
http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/
http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com
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