JUDGEMENTS for Sale
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.40…… 03/10/2012
Read
:
Ms. Mamata Banerjee - Judge ments for
SALE
RTI Appeal to CIC
Rs 100 crore offered for Gali Janardhan Reddy’s bail: Arrested judge
More
skeletons are tumbling out in the murky cash-for-bail scam involving mining
baron and former Karnataka minister Gali Janardhan Reddy as a lower court
judge, arrested in the case, disclosed to the ACB that Gali's men were ready to
offer as much as a staggering Rs 100 crore to secure bail for him. Earlier, the
deal amount was put at Rs 15 crore.
T
Lakshminarasimha Rao, the arrested judge, disclosed that Dasaradharami Reddy, a
relative of Gali, had made the Rs 100 crore offer, according to the confession
statement recorded by the ACB. Krishna Prasad, an auditor, who is known to him
and another relative M Venkateswara Rao approached Lakshminarasimha Rao in the
second week of April with a request to look for a `channel' to influence the
CBI judge for Gali's release on bail. "They were in touch with Dasaradharami
Reddy who was willing to pay even Rs 100 crore for securing the bail," the
confession statement of Rao said. Though the deal initially came as a shock to
the arrested judge, who at the time was registrar (enquiries), high court, he
was later attracted towards the deal, it said.
Lakshminarasimha Rao called the CBI court judge B Nagamaruti
Sarma to his residence on April 18 and tried to convince him on granting of
bail to Gali. Sarma did not agree for the deal and went away rejecting the
offer. He had, in fact, dismissed the bail plea. Then another person Raavi
Surya Prakash Babu, a real
estate dealer, who was taken to Bellary MLA Sriramulu by his associate
Kolli Lakshmaiah Chowdary for striking the deal, approached Rao again. Surya
Prakash had already met Sriramulu's nephew and Kampli MLA T H Suresh Babu who,
too, was trying to secure bail for Gali and advised him to wait as Nagamaruti
Sarma was not of 'their type'. But he requested Lakshminarasimha Rao to keep
the `channel' open as the deal was "too lucrative to be ignored".
Later, in a strange sequence of events, Nagamaruti Sarma was
shifted out of CBI court and a fresh bail plea was filed which came before
another special judge T Pattabhirama Rao. Lakshminarasimha Rao roped in
Pattabhi's batchmate D Prabhakar Rao, another district judge, who was with the
state election commission as its secretary (legal). He also tried to push the
deal but failed as Pattabhi told him that he would decide the matter on only
`merit'. It turned out later that Pattabhi chose a 'route' planned by his
friend Chalapati though the deal was only for Rs 5 crore. This was mainly
because his friend did not put any precondition that he should meet Gali
Somasekhara Reddy, brother of Gali Janardhana
Reddy, before giving bail as was done by Prabhakar Rao, who was also
arrested in the case. Prabhakar in his confession spoke of only Rs 15 core
implying that he too was unaware of the whopping Rs 100-crore deal. While the
ACB arrested Lakshminarasimha Rao on July 12, Pattabhi was arrested last month.
Interestingly,
the ACB sleuths seized some cheques bearing the names of Lakshminarasimha Rao's
family members with some complaint letters written by advocates against some AP
high court judges. The letters were addressed to the President of India.
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 .
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.
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
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 ?
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.
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.
|
“
|
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.
|
”
|
|
—Former United Nations Secretary-General Kofi Annan[1]
|
||
|
“
|
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.
|
”
|
|
Contents
|
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
- 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.
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 ?
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?
officials?
3.how
many officials from the ranks of constable to DGP have amassed
illegal wealth?
illegal wealth?
4.what
action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
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 ?
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 ?
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 ?
to
conditions, are you ready ?
8.how
many police personnel are charged with violations of people’s
human rights & fundamental rights ?
human rights & fundamental rights ?
9.how
many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
charged with theft of forest wealth?
10.how
you are ensuring the safety , health , food , living space of
inmates in jails?
inmates in jails?
11.how
you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
hospitals & mental asylums?
12.How
you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?
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.
Veerappan’s wife seeks CBI probe into STF atrocities
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.
Shankar Bidari worse than Saddam Hussain, Gaddafi: HC
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.
Judge suspension: CBI claims Rs.1.80 crore recovererd from
locker
The
CBI claims to have recovered nearly Rs. 1.80 crore here from a bank
locker, the keys of which were allegedly in possession of the son of Special
CBI court judge T. Pattabhiramaa Rao, who has been suspended on charges of
bribery and corruption by the Andhra Pradesh High Court.
The
agency had carried the search based on a source based input that a deal was
allegedly struck between Rao and former Karnataka Minister G. Janardhana Reddy
for granting bail to the latter in the illegal mining case, CBI sources said
today.
Before
proceeding with the search, the CBI officials took Chief Justice of Andhra
Pradesh High Court in confidence and apprised him about the input received by
them, they said.
After
getting a green signal from the Chief Justice, a CBI team got the locker opened
and recovered nearly Rs. 1.80 crore from it which the agency suspects
belonged to Reddy and was allegedly given as illegal gratification, they said.
|
|
The
sources claimed that the officials found the keys of the lockers to be in
possession of Judge’s 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
By Vicky Nanjappa
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
|
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.
|
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
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
‘GDQ
is a way of making you part of the syndicate’
BY JEEMON
JACOB
|
A1990 batch
IAS officer, C Umashanker shot to fame during the AIADMK regime when
he exposed a scam in the construction of sheds in a cremation ground under the
Jawahar Rozgar Yojana when he was additional collector in Madurai. His brush
with AIADMK supremo J Jayalalithaa’s partymen resulted in his transfer out of
the district.
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.
|
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 at Yehanka Bangalore –
BRIBE TO JUDGES ?
|
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.
|
||||||||||||||||||||||
|
Dec 30 , 2006
|
||||||||||||||||||||||
|
|
||||||||||||||||||||||
|
||||||||||||||||||||||
|
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
|
‘Half
of last 16 chief justices have been corrupt’
By
churumuri
Judicial
corruption is a bull few in India are willing to attach their names to. There
are whispers of this or that sitting judge making piles or cash; of sons,
daughters and other near and dear ones acting as “brokers” for cases, deals,
etc, but none of those allegations see the light of day.
Not
because the media is a willing accomplice but because of the sword of “contempt
of court” hanging over us.
For
long, truth was not, repeat not, a defence in the case of
contempt. Although that is now no longer the case, judicial corruption still
isn’t headline news like corruption in other spheres of Indian life. The case
of Justice P.D. Dinakaran is one of the rare exceptions and that too
only in sections of the media.
In
September 2009, the Supreme Court lawyer Prashant Bhushan, in an interview to Shoma
Chaudhury of Tehelkamagazine, said “half of the
last 16 chief justices were corrupt”. The comment invited the apex
court’s contempt. Now, Bhushan’s father, the noted
jurist Shanti Bhushan has joined issue.
In
his application before the Supreme Court praying for his impleadment as
respondent No.3 in the case of the Amicus Curiae vs Prashant Bhushan, Bhushan
senior repeats his son’s charge that eight out of the last 16 CJs were corrupt,
even going so far as to deliver the names of the corrupt in a sealed cover.
“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
The
father, the sons-in-law and the unholy properties
JEEMON
JACOB & VK SHASHIKUMAR scoop documents to establish property amassed
by former Chief Justice of India KG Balakrishnan’s son-in-law, PV Sreenijan, a
practising lawyer who recently resigned from the Kerala Congress
|
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.
Public prosecutor caught on the wrong side of law
In a decision termed “rarest of rare” by a city court, a trial court judge found a public prosector on the wrong side of the law.
Indicting
the prosecutor for deliberately botching up examination of witnesses in a case
of abduction for ransom, Additional Sessions Judge Pratap S Malik has passed
strictures against the state’s counsel and sent the copy of his order to the
prosecution branch for necessary action.
The
judge held that there was a deliberate attempt by the prosecutor to create
situations favourable for the three accused, found guilty of abducting one
Sanjay Khan for ransom in 2004. Khan had later committed suicide to escape
further assault and the court, finding ample evidence on record, had awarded
life imprisonment to the trio on Saturday.
The
prosecutor had refrained from putting important questions to police officials
and other witnesses that could help the prosecution nail the accused in a more
convincing manner, the court observed.
Prosecutor caught in ACB trap
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.
BHOPAL GAS VERDICT FIXED - Shame Shame to Supreme
Court of India & Supreme Court of USA
Now
it is a known fact that Bhopal Gas Leak Case Verdict was FIXED years
before , MATCH FIXED by then MP Government Chief Minister , Indian
Prime Minister and most shame fully Chief Justice of India.
Now
The Final Verdict is out in Bhopal Gas Tragedy . This kind of
Injustice can only happen in banana republics , where rich crooks are protected
by authorities & courts. SHAME SHAME to supreme court of India , supreme
court of USA & Government of USA , for practicing double standards in
enforcement of law & justice.
Double
standards of supreme court of India
PIL
Appeal & Show Cause Notice to Supreme Court of India
In India,
Favorable treatment is given by police & courts of law for rich crooks
where as poor innocents are harassed , tortured by the very same police &
judges . In india Some MP , MLAs even take money for asking questions
in parliament / legislature , Favourable laws are enacted to legalize crimes of
rich crooks for example : Illegal land encroachments by rich crooks. The
same MPs , MLAs are not aware about problems of poor public , they don’t even
open their mouth for asking questions on welfare of poor , let alone enact laws
for welfare of poor. No government law , no decisions of judges , no orders of
public servants are sacrosanct . Hereby , e-voice urges the supreme court
of india ,
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.
Nagaraj.M.R.
IB confirms Mysore sex scandal
The
Intelligence Bureau has provided the Centre with a detailed account of the
escapade involving three Karnataka High Court judges on November 3 in a resort
on the outskirts of Mysore, highly placed sources told The Times of India on
Friday.
According to a senior official, “Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match.”
The incident was widely reported in the media. What has surprised the Centre is the “dogged refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot,” says the source.
What transpired at the resort, says the source, “cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law”. According to him, “The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position?”
In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court.
While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident.
However, the source says that now the government is worried about the appropriate “remedial measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He says, “Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High Court.”
The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for “follow-up action”.
“Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy,” it said in a statement. The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.
Read more: IB confirms Mysore sex scandal – The Times of India http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sex-scandal/articleshow/29801662.cms#ixzz1B7PtvFdU
According to a senior official, “Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match.”
The incident was widely reported in the media. What has surprised the Centre is the “dogged refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot,” says the source.
What transpired at the resort, says the source, “cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law”. According to him, “The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position?”
In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court.
While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident.
However, the source says that now the government is worried about the appropriate “remedial measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He says, “Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High Court.”
The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for “follow-up action”.
“Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy,” it said in a statement. The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.
Read more: IB confirms Mysore sex scandal – The Times of India http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sex-scandal/articleshow/29801662.cms#ixzz1B7PtvFdU
CJ suspends copycat judges, wants report
Hyderabad/Warangal,
Aug. 25: The Andhra Pradesh High Court Chief Justice, Mr Nisar Ahmad Kakru, on
Wednesday suspended five subordinate judges for allegedly indulging in copying
during the LLM exams held at Kakatiya University in Warangal district on
Tuesday.
Mr
Ajitsimha Rao, senior civil judge, Mr Vijayender Reddy, second additional
district judge of Ranga Reddy district, Mr M. Kistappa, senior civil judge of
Anantapur, Mr Srinivasa Chary, senior civil judge of Baptla and Mr Hanumantha
Rao, additional junior civil judge of Warangal were caught red-handed while
copying in the first year exams.
The
Chief Justice reviewed the situation after obtaining the preliminary report
from the university authorities and issued orders suspending them from the
service. He also asked the university to send a detailed report on the exam
malpractice by the judges.
Meanwhile,
the Warangal District Bar Association (WDBA) has demanded registration of cases
under the AP Public Examination (Prevention of Malpractices & Unfair Means)
Act, 1997, against the errant judges. “It was unbecoming of the judges to
indulge in mass copying,” said Mr Ch Sambasiva Raju, vice-president, WDBA. The
WDBA office bearers also demanded suspension of Mr Razak Uzama, II Sub-Judge,
Warangal and his wife Ms Prema Rajeshwara, secretary, district legal services
authority, Warangal, both of who appeared in the LLM exam. Reportedly, it was
Mr Razak who encouraged the mass copying. However, he and his wife were spared.
Meanwhile, Dr Talapalli Manohar, additional controller of examination, SDLCE,
clarified that the flying squad had actually debarred only three judges — Mr M.
Kistappa, Mr Vijayender Reddy and Mr Ajitsimha Rao. Sources said the other two
judges, Mr Hanumantha Rao and Mr Srinivasa Chary were caught based on visual
evidence.
Magistrate issues arrest warrant against Indian president after cash
bribe.
An
Indian magistrate who allegedly accepted a bribe to issue arrest warrants
against India’s president and senior legal figures has been trapped in a sting
operation by a journalist, a report said.
The
journalist videotaped magistrate Meghani Nagar, who practices in Ahmedabad,
commercial capital of Gujarat state, accepting a bribe of 40,000 rupees (851
dollars) to issue the arrest warrants, the Times of India newspaper said
Thursday.
Among
those cited in the warrants for criminal breach of trust and for cheating and
dishonesty are Indian President Abdul Kalam and Chief Justice V.N. Khare, a
senior judge and a well-known …
Indian president arrest warrant probe
India’s
Supreme Court has ordered an investigation into how an arrest warrant was
issued against the country’s president and its top judges.
A
shocked Chief Justice VN Khare asked India’s top police body, the Central
Bureau of Investigation, to report its findings in a week.
President
Abdul Kalam, two Supreme Court judges – including Chief Justice Khare himself –
and the president of India’s bar association were issued with the warrants
after a case of fraud was filed against them.
An
Indian television journalist has told the court he secretly filmed a magistrate
accepting 40,000 rupees ($883) to issue the warrants.
The
magistrate apparently had not realised who they were, newspaper reports said on
Thursday. He has now been suspended from his duties.
Court
request
Journalist
Vijay Shekhar has handed over to the court videotapes of the incident, which
took place in the state of Gujarat.
The
court has issued notices to the magistrate and the lawyers who filed the case,
asking them for their version of the events, the Press Trust of India reports.
“What
is happening in Gujarat? By giving 40,000 rupees you can get a judicial order,”
Chief Justice Khare is reported as saying.
“If
this is the state of affairs only God knows what will happen to the country,”
he added.
Mr
Shekhar said he carried out the sting operation to expose corruption in India’s
judiciary.
In
2001 India was hit by an arms scandal after a website secretly filmed senior
military and defence officials apparently accepting cash from journalists
posing as arms dealers.
Lokayukta: DC demanded sex from widow
In
the midst of a national outrage over former Haryana DGP SPS Rathore molesting a
teenager, the Karnataka Lokayukta on Saturday made a startling revelation that
the state government was shielding a top bureaucrat who had demanded sexual
favours from a young widow.
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.
Rajasthan judge is indicted for seeking sexual favours
Chief
Justice of India G B Pattanaik retires tonight and he doesn’t have much to
write home about on the unprecedented drive he launched to enforce judicial
accountability.
After
the PPSC scam fiasco, reported in The Indian Express today, comes the case of
the Rajasthan judge who has been indicted in a sex scandal and yet has escaped
action—pending another inquiry.
On
December 14, a three-judge committee set up by Pattanaik confirmed the
‘‘involvement’’ of Justice Arun Madan of the Rajasthan High Court in a
proposition to a woman doctor to have sex with him in exchange for a judicial
favour.
The
committee, headed by the Chief Justice of the Punjab and Haryana High Court
Justice B K Roy, submitted its report to Pattanaik, indicting Madan on a
complaint made from Jodhpur by the woman concerned, Sunita Malviya.
But
Pattanaik has not announced any action against Madan. When contacted by The
Indian Express, Pattanaik confirmed that the committee had indicted Madan and
his ‘‘bad reputation’’ in seeking sexual favours in return for judicial ones.
However,
Pattanaik said that no action was being taken since the committee had also
mentioned allegations of corruption against Madan. And so he had ordered a
further inquiry by the same committee into the corruption charges.
When
asked what he did with the indictment of Madan in the sex scandal, Pattanaik
said, ‘‘That is on hold because I could not have taken piecemeal action against
him….I am praying to God that the final report will give some tangible material
to take action.’’
Highly
placed sources told The Indian Express that when the committee recorded
statements last week in Jodhpur of about 30 persons over four days, it also
came to know of several allegations of corruption against Madan and another
judge of the same high court. The committee put these on record as well.
Pattanaik
said that when he summoned Madan to New Delhi last week, he did not raise the
sex scandal issue and instead limited himself to saying that he was ordering a
further inquiry into corruption allegations.
In
effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V
N Khare.
The
gist of Malviya’s complaint is that Madan made a sexual proposition to her in
October through a deputy registrar of the high court, Govind Kalwani, who said
that the judge would help her, in turn, get out of a criminal case booked
against her.
With
this, Pattanaik’s much-touted in-house judicial accountability seems to have
hit a wall. The first committee’s report into the PPSC scam exonerated one
judge despite evidence and let two others off with a mere slap on the wrist.
The third committee is now busy probing the involvement of judges in the Mysore
sex scam.
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
Corruption
in Judiciary
The
sheer number of cases pending in the Indian judicial system (26 million at last
count) says it all.
One
of the most frequently used words in India, corruption signifies a range of
things. In 2005, Transparency International and Delhi based Centre for Media
Studies, a research firm, undertook the India Corruption Study. The survey
covered 14,405 respondents over 20 states and included interviews with service
providers and users (of these services). The results, published the same year
said Indians pay out around Rs. 21,068 crore as bribes while availing one of 11
public services. While some of the results of the survey were published, many
of the details were not. The study, however, remains the most recent and the
most comprehensive report on corruption in India. Apart from calculating the
extent of corruption, in Rs. crore, it explains the mechanics of it.
Over
the week, Mint will present details of the CMS study. On Monday we featured
India’s public distribution system. On Tuesday, we did the education system.
Today, we look at the judicial system.
Reader’s are welcome to send in their feedback to feedback@livemint.com.
Courting
Corruption
The
sheer number of cases pending in the Indian judicial system (26 million at last
count) says it all. Given that, and the number of judges across various states
(per lakh of population), the system is rife with delays and inefficiencies —
ideal conditions for middlemen to step in. In the year preceding the survey,
59% of respondents paid bribes to lawyers, 5% to judges, and 30% to court
officials.
1. Inaccesibility
The
judicial system is highly dilatory, expensive, and beyond the reach of the
common man. Ordinary citizens find it hard to seek redress, as litigation is
expensive and extra money is often required to oil the wheels of the system
2. Misuse
of power
There
are instances of Metropolitan Magistrates issuing bailable arrest warrants
against individuals of whose identitites he has no idea, in return for an
inducement.
Some
time back, a Metropolitan Magistrate in Ahmedabad issued bailable arrest
warrants against the President of India in return for an inducement of Rs.
40,000.
In
some cases, judges offer a favour in exchange for personal gain or favours. In
Rajasthan, some time back, there were reports of a judge who offered judicial
favour in exchange for sexual favours from a litigant. Some of these instances
have been reported by the media, but no action has resulted.
Today,
under existing rules, any person making any allegation of corruption or other
things against a sitting judge can be charged and punished for contempt of
court. This is a deterrent against more such instances coming to light.
3. A
difficult impeachment process
The
Supreme Court of India has ruled that no first information report (FIR) can be
registered against a judge, nor, a criminal investigation initiated without
prior approval of the Chief Justice of the Supreme Court. Once appointed, a
judge of the High Court or Supreme Court cannot be sacked except by a
complicated impeachment process, done by members of the Lok Sabha and the Rajya
Sabha, the two houses of Indian parliament. Their immunity is reinforced by the
fact that the procedure isn’t just cumbersome but also susceptible to political
influence. In the 1990s, when the Congress was in power, a motion seeking to
impeach Justice V Ramaswami could not be passed by parliament as Congress
members of parliament abstained from voting. There have been no other attempts
at impeachment in India.
4. Slow
and inefficient
Many
cases drag on for years. SAn oft cited excuse is the lack of staff, but the
judicial process itself is unnecessarily complicated and inefficient, making
cases drag on for a long time. Bribes are sometimes ought to davance the
judgement or bend it. At last count, some 26 million cases were pending in
Indian courts.
Why
People Pay Bribes
1. Favourable
judgement
Recent
media reports have shown that it is possible to secure a favourable judegement
in a lower court by bribing the judiciary, although the situation radically
improves when it comes to the higher courts.
2. Speeding
up judgement
There
is a huge backlog of cases in Indian courts which results in delayed
judgements. It is quite common for a case to drag on for years. People often
have to pay bribes to speed up the process.
3. Other
activities
A
llot of non case related work also falls under the purview of the judiciary.
This includes the issual of affidavits, registrations, etc. People often pay
bribes to get this work done by a middleman.
4. Obtaining
bail
The
judge has a lot of discretion in issuing bail; the guidelines governing this
are fairly basic. It is possible to secure bail by influencing the judge in
some cases.
5. Manipulating
witnesses
As
some recent high-profile cases have shown, witnesses are manipulated through
money or force into giving favourable testimony.
Suggested
Solutions
1.
Use of technology
* A
review of how court records are handled and the introduction of modern tracking
methods can eliminate much of petty corruption existing in lower courts
*
Websites and CDs can explain basic law to laymen
*
Court files can be computerized
*
Video recordings of cout procedings should be maintained
2.
Reduce the gap
*
Provide alternative methods of dispute redressal to lighten burden on courts
*
Increase number of judicial officers and number of fast track courts
*
Create a vigilance cell for redressal of public grievances
3.
Making the judiciary accountable
*
Judges must be subject to judicial review
*
Judges must follow a code of conduct
*
Bar associations must act against corrupt members
* A
public body must keep an eye on the judicial system
*
An Indian judicial service must be created
*
The proposed National Judicial Commission should have powers to fire judges
*
Judges should declare their assets and those of their family
Anamolies in the arrest procedure
– By Anil Nauriya
A
recent case of a Gujarat magistrate who issued arrest warrants against the
President of India, the Chief Justice of India, a Supreme Court judge and a
former President of the Supreme Court Bar Association, has evoked interest in
the media. There has been public concern essentially over the circumstances in
which this order was procured and about how the names of the dignitaries
concerned were disguised by not mentioning their designations and by seemingly
spelling the names in full rather than as they are usually written. The
complainant — there is a doubt whether the person in whose name the complaint
was filed is real or virtual — simply approached a magistrate and made an
apparently fictitious claim of having been cheated or defrauded.
The
criminal justice process reached the arrest warrant stage without anyone taking
the precaution of finding out whether there was an iota of truth in the
complaint. Why did this happen in this particular case? How could such a thing
happen under criminal procedure? The Supreme Court is seized with the first question
and it is not desirable to comment on it. But the second question can and
should be discussed.
A
vital point to note about the “ordinary” criminal procedure (as distinguished
from so-called special laws like the earlier Terrorism and Disruptive Activities
Prevention Act) is that it is not in fact ordinary. As in the case of the
existing Code of Criminal Procedure, 1973, applicable in India, criminal
procedure in post-colonial societies is modelled on or is an outgrowth of
colonial procedure. Many provisions have been mechanically continued.
There
are several problem areas in criminal procedure relating to case registration,
police powers of arrest in respect of certain offences considered graver than
others, magisterial powers to direct investigation and, in given situations,
issue warrants of arrest, and, finally, in the investigation itself. These
aspects of criminal procedure lend themselves to considerable abuse by the
police and the subordinate judiciary.
The
Code enables a complaint to be made to a magistrate under Section 190 and
certain other provisions in case the police do not register an FIR on their own
or after a complaint is made to them. On being so approached, magistrates have
a variety of options, superimposed on, and sometimes even apart from the usual
classification of offences on the basis of seriousness. But broadly during the
pre-trial stage there are two magisterial approaches that may, with some risk
of simplification, be called the Red and Green Channels. The first is to insist
on some elaborate evidence or material being brought on record by the
complainant before setting the law in motion. The second is to simply take the
complaint on record, ask the complainant a question or two, and initiate the
process by directing the police to investigate and, if necessary, issuing
summons or warrants as the case may be. Complaints about cognisable (that is,
cases in which the police may arrest without warrant) and non-bailable offences
often tend to go through the Green Channel.
The
difference in the two approaches is ironical and paradoxical. Thus if a parent
finds that a minor daughter has been to enticed into a child marriage, and the
police have failed to take action against those who organised it, the complaint
would generally have to travel through the Red Channel. A child marriage is not
necessarily treated as void in personal law, but those who organise it are
liable to some minor punishments. A complainant under Section 190 of the Code
read with the Child Marriage Restraint Act of 1929 would have to produce what
is known as “pre-summoning” evidence before the magistrate. Long dates might be
fixed by the magistrate. Unless other steps are taken, the minor girl might
even have produced a child and come of age by the time summons are actually
issued to the accused persons.
The Green Channel operates differently. These cases include but are not limited to matters where the police are empowered to make arrests on their own. In a given case, the police may register an FIR and, if empowered, effect arrests on their own initiative.
The Green Channel operates differently. These cases include but are not limited to matters where the police are empowered to make arrests on their own. In a given case, the police may register an FIR and, if empowered, effect arrests on their own initiative.
On
the other hand, they may choose not to do so because of political or other
pressure. They may also drag their feet for the reason that they are aware of
the false and vexatious nature of the complaint. The complainant must then
approach the magistrate concerned. At this stage there are few strong
safeguards to sieve out fabricated complaints. In fact, if the complaint is
fabricated it stands a better chance of receiving Green Channel treatment if it
alleges the commission of a serious offence, usually referred to as
“cognisable” and “non-bailable.” Odd though it may sometimes seem, in such
matters elaborate preliminary evidence is not insisted upon as much as it is in
the case of lesser offences.
The
magistrates are quicker in such cases to direct police investigation and, as
the Gujarat magistrate’s case shows, even go further and issue arrest warrants;
the initial burden placed upon the complainant by the magistrate is much
lighter in such cases. Even a mere order for investigation means, under some
judicial decisions, that the police must now necessarily register an FIR. The
registration of an FIR implies, in most such cases, arrest of the persons
complained against. Since colonial days, the police have often treated as dead
letters provisions like Section 41 of the Code which require “credible
information” and “reasonable suspicion” before the police may arrest a person
without warrant. Similarly, during investigation the police have traditionally
taken little notice of the stipulation in Section 157 of the Code that an
arrest is to be made when it is “necessary”; there is little appreciation of
the fact that the test of “necessity” is a condition precedent to arrest.
The
upshot is that under the existing Code of Criminal Procedure it is easier to
obtain, with magisterial aid, arrest of persons in a false case concerning
serious-looking offences than to obtain, in a genuine case, even a summons to
the wrong-doer in what the law treats as less serious offences. The law offers
a Green Channel for the first category and a Red Channel for the second
category. There are no “remedies” to this particular malice; much depends upon
the human material in the police and in the subordinate judiciary. But three
important safeguards may be suggested. First, if it is not a capital case
involving murder or rape or a case where there is a chance that the person
against whom the charges are made would flee the country, there is no reason
why a prior inquiry cannot be made before the criminal process is permitted to
reach the stage of arrests or warrants for arrest. Second, if the complaint is
not for a capital offence an affidavit ought to be required at an early stage
from the complainant affirming the truth of the averments made by him. In the
case of capital offences, which may involve greater urgency, such an affidavit
may follow later.
Recently
the Civil Procedure was amended to require the plaintiff’s affidavit in civil
suits. There is greater reason for such affidavits to be required in respect of
criminal complaints. The penal law does provide for punishment for filing false
complaints. But the suggested affidavit requirement could help discourage false
complaints at the threshold. Third, further safeguards are required in cases of
cross complaints that is complaints made by more than one side against one
another about the same incident or group of incidents. Such situations, often
generated by business or political rivalries, are a common source of mischief.
Sometimes the police, having registered the initial FIR, do not register the
counter complaint, knowing or believing it to be false. At other times the
reverse happens. These moves are accompanied with a complex interplay of the
political, business and legal process, with unpredictable and ever-changing
results. The complaint made by one side could even be suppressed. A cross
complaint may be activated. Much depends on who was contacted by whom e.g.
Politicians in New Delhi instructing Commissioners of Police, Fascist outfits
functioning under a sham civil rights signboard in Ahmedabad. All participate
in determining the outcome of a process in which criminal procedure is reduced
to naught.
It should be mandatory for a complaining party to disclose, in its own complaint before a magistrate, any prior complaints pending against it that may be connected with the same incident or party. A similar responsibility of disclosure must rest upon the police so that such cross complaints may, where appropriate and necessary, be taken up together in the criminal process. The criminal justice process must insist, to the extent this is attainable, upon truth at each stage rather than truth deferred in a bid to achieve interim and collateral objects.
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: 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.
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).
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?
Ex-CJI’s wealth under scanner
KOCHI:
There is no respite for Justice K G Balakrishnan, former CJI and present NHRC
Chairman, from controversies.
Close
on the heels of the A Raja episode, he has landed in trouble with allegations
erupting over his assets. A CBI inquiry into the amassment of wealth by him is
now on the cards. The CBI is awaiting a formal nod from the Registrar-General
of the Supreme Court, which is a legal requirement, to launch a probe into his
mysterious assets.
CBI
sources have confirmed the receipt of a complaint against Balakrishnan by a
Delhi-based journalist.
The
journalist, in his complaint filed before the Vice-President’s office, alleged
that the former CJI had amassed wealth disproportionate to his known sources of
income.
The
Vice- President’s office forwarded the complaint to the Union Home Ministry
which in turn forwarded it to the CBI.
“We
have received the complaint but no investigation has been launched. It will be
launched only after getting an official nod. The Supreme Court
Registrar-General is the competent authority to give sanction for the probe,”
said sources in the Kerala unit of the CBI.
But,
it is reliably learnt that a quick verification of assets of Justice
Balakrishnan’s daughter K B Sony and her husband P V Sreenijin indicated that
everything was not hunky-dory. Sreenijin, a KPCC member, has allegedly amassed
wealth to the tune of several crores in the past four years.
Sreenijin,
who had declared only assets worth Rs 25,000 in the affidavit filed in the 2006
Assembly polls (he was the Congress candidate from Njarackal,) now owns several
prime properties, including a riverside plot of 2.5 acres at Annamanada in
Thrissur.
He
and his wife Sony have also acquired a flat in the city, a plum office space
near the High Court and 25 cents of land at Elamakkara (in the suburbs of
Kochi) where the construction of a bungalow is in progress. Both Sreenijin and
Sony are practising advocates and don’t have any other known sources of income.
The
state unit of the DYFI has also called for a detailed inquiry into the
allegations and demanded the resignation of Justice Balakrishnan as NHRC chief.
The
fresh controversy will land Justice Balakrishnan in a precarious position as he
has already been under a cloud following Supreme Court Judge H L Gokhale’s
revelation regarding former Telecom Minister A Raja’s bid to influence a
Chennai High Court judge.
Five-star jails of India
In
a raid on Meerut Jail led by the DIG of Agra Jail to recover and seize cell
phones and other unauthorised and prohibited items, there was a fight between
the jail police and inmates of the high-security prison. It left six police
officials and four inmates injured.
The
raiding DIG said, “It could not have happened without the connivance of jail
officials. We had special instructions from the home department as Meerut Jail
is known for its lawlessness. But we were shocked when a thou-sand-strong mob
attacked us with sticks and stones. We were trapped and could only escape after
we charged towards the gate.”
The
prisoners snatched away all the mobile phones and contra-band recovered during
the check that was ordered at the instance of the State Government. The DIG has
accused the superintendent of Meerut Jail of “inciting the jail inmates to
attack us so that we could not find prohibited articles in the jail”.
On
the other hand, the jail superintendent has accused the DIG of demanding
illegal gratification. Some staff has been suspended. The other form of
corruption reported from the Meerut Jail included unauthorised sale of items at
exorbitant prices. Cigarettes were being sold for Rs 20 per stick. It cost Rs
500 for a meal of choice. A local call could be made for Rs 20, an STD call cost
Rs 100. The Meerut Jail, built to house 700 inmates, now has 1,850 prisoners.
A
former Uttar Pradesh Minister, serving his sentence in Lucknow Jail for the
murder of his mistress Madhumita Shukla, freely hosted a wedding anniversary
bash for a co-accused in the murder case inside the jail premises. A sitting
Minister when asked replied, “No one is born a criminal and the Samajwadi Party
believes in transformation of criminals. You can’t stop anyone from celebrating
an occasion concerning him, his family or near and dear ones – within the
premises of the jail. As per my knowledge, there was no violation of the jail
manual.”
In
2004, three accused involved in the assassination of Punjab Chief Minister
Beant Singh escaped scandalously from the Burail Jail in Chandigarh.
Inspection of the jail showed that the high profile prisoners were not only
leading a luxurious life, but they had also enclosed their cells in a way that
their activities inside could not be kept under vigil. Once the cell was turned
into a virtual fortress, the prisoners dug a tunnel to escape.
The
escape of terrorists involved in one of the most high-profile assassinations
could not have materialised simply through a nexus between corrupt jail
staffers and the prisoners. Vast sums of money as well as a pattern of internal
and external intimidation was necessary to create the conditions for the
eventual breakout and a significant network of support was essential to make
sure that the fugitives could evade the police system once they were out.
The
escape of Phoolan Devi’s killers from high security Tihar Jail and other
similar escapes of prisoners highlight the ineptitude and complicity of jail
staff. Tihar Jail is actually a complex of seven prisons, having a capacity of
4,000 prisoners. But actually there are more than 12,000 prisoners lodged
there. Regrettably, there is no fixed rule as to how many prisoners can be
lodged in a particular jail.
The
following is the existing jail system. There are two categories of jails –
district jails normally built for 400 prisoners each and central jails for 750
each. The jail staff members are not from the police and have their own
distinct hierarchy. There are different categories of under-trial prisoners
depending upon their education and social status. Courts have directed jails to
do away with the colonial, vintage classification of under-trial prisoners into
Class I, II and III, based on their socio-economic status, but Government
continues to stick to the old practice.
Selected
prisoners are used for the internal management of jails – to make up for
manpower shortage – as well as administrative work. The convict- supervisors
become a link between the prisoners and jail officials. They are given an
incentive for their work. Any wrong placement or selection can lead to the
escape of prisoners or other crimes going unchecked inside the jails.
The
Indira Gandhi Government had set up a high-powered panel in 1980 to propose
prison reforms. The apparent cause was Mrs Gandhi’s first-hand experience of
the conditions in Tihar where she was lodged in 1978. Mrs Gandhi appointed the
Justice AN Mulla Committee to review the national jail system even though jail
is a State Government subject.
The
Mulla Committee, 1983, recommended that the Constitution be amended to shift
the subject of prisons from the State List to the Concurrent List. That never
happened. The Centre at present has no say in the matter of jails except when
they are in Union Territories where, again, jails are far from
being models. The result is that jails continue to be governed by an outdated
law enacted by the British in 1894. The position is that the jail conditions
vary greatly from one State to another or even from prison to prison. There is
no national policy on prisons.
A
sensible recommendation of the Mulla Committee was to classify prisons into
special security, maximum, medium and minimum security prisons. Such a
classification can serve as a safeguard against jailbreaks and jail riots.
Much
before sting operations became a norm with the media, a hard-hitting report had
shown that in the Tihar Jail, officials mixed with notorious inmates like
Charles Sobraj who ran an extensive drug and liquor racket with impunity. This
led to a secret visit of the then Home Minister Giani Zail Singh to Tihar Jail.
He was stunned to see a drunken prisoner offering him a bottle of liquor. A
mortified Government finally suspended two jail officials.
Criminalisation
of politics has produced a strange phenomenon. Criminals have contested
elections from behind the bars and some of them have won. Given such
topsy-turvy world of politics, prison officials are often either unmindful of
the crimes being committed regularly inside the prisons, or sometimes they are
the ones to provide prisoners with mobile phones, drugs and food. These jail
staffers also organise kavi sammelans and mushairas and help prisoners run
extortion rackets and criminal gangs from inside the jails. A prison for some
prisoners has become a home away from home.
The
next issue is that of under-trials. According to the statistics compiled by the
Custodial Justice Cell of the National Human Rights Commission, 225,817 of
304,893 or 74.06 per cent of the total prison population in the country
comprises those awaiting trial. The total jail capacity in India is
232,412 prisoners, which makes the total prison population 31 per cent higher
than capacity, clearly emphasising the urgent need for a speedier justice
mechanism.
Only
when politicians go to jail do they talk about reforming the jail system. They
forget the issue the moment they are out. We must be clear as to what kind of
confinement or jail system we want. The time to make a beginning is now before
things get worse. There must be a Central law to be followed as a model by all
States.
No restrictions at Arthur Road jail, gangsters take leave
at will
Pune: A
highly confidential inquiry report by the Maharashtra prison department has
revealed that several key undertrials, including Mohammad Dossa, underworld
don-turned-politician Arun Gawli and DK Rao (the right-hand man of fugitive
gangster Chhota Rajan), among others, freely availed of “leave” out of the
Arthur Road jail in Mumbai over the last three years.
The
jail authorities neither reported the leave granted to these high-profile
undertrials to senior prison authorities, nor did they raise objections to the
leave applications in court.
A
senior prison officer told DNA that the inquiry report has been sent to the
state home department for action as it has exposed corrupt practices at the
jail.
Ironically,
officials of the state prison department have none other than 26/11 accused
Mohammed Ajmal Amir aka Kasab to thank for the revelation of this nexus between
the prison authorities and the undertrials.
Sources
told DNA that when the undertrials, including Rao and Gawli, were shifted to
Taloja in Navi Mumbai, they started demanding similar treatment at the new jail
premises. They were shifted to Taloja so that maximum protection could be
provided to Kasab, who was to be lodged at the Arthur Road jail.
“The
undertrials continued to demand leave at Taloja as they had at Arthur Road,”
said an official, adding that the authorities at Taloja then reported the
matter to senior prison authorities in Pune and Mumbai.
Former
superintendent of Arthur Road jail Swati Sathe, who is currently posted in
Nashik, said she was unaware of any inquiry.
It
was during Sathe’s tenure that the “influential undertrials” availed of leave.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The
authorities did not deny leave to around 45 gangsters, most of whom are booked
under the stringent Maharashtra Control of Organised Crime Act, 1999. One
undertrial gangster was found to have “gone on leave” on 35 occasions, the
report said.
The
Maharashtra Prisons Manual has no provision to grant leave to undertrials, as
is allowed in the case of convicts lodged in jails. It is customary for an
undertrial to obtain permission from a court in order to avail leave.
The
inquiry revealed that none of the 45 undertrials sent their applications via
the jail officials. They were directly sent to court.
Significantly,
the authorities at Arthur Road jail failed to appeal against this.
The
jail authorities also failed to report the leave taken by the under-trials to
the state government, which generally alerts the police machinery to keep a
close watch on the activities of the suspects.
State
prisons chief, inspector-general of police Uddhav Kamble confirmed to DNA the
commissioning of the inquiry, but refused to elaborate. A senior official of
the prison department confirmed the developments as well.
Another
senior jail official explained that leave is only granted to an under-trial by
the court for emergency situations, like the demise or serious health condition
of the next-of-kin, besides attending the marriage of his/her children.
Leave
can also be availed for emergency medical treatment at the private hospitals,
but only under the supervision of the jail authorities. However the
under-trials went on leave to attend marriages and death of distant relatives,
other minor health issues of family members and even their companions.
Kamble
sought a detailed record from the deputy inspector general of police (prisons),
Mumbai, of all the leave awarded by the courts. The DIG, Mumbai conducted an
inquiry and found the involvement of Arthur Road Jail officials. Another
inquiry was commissioned to verify the findings of the DIG’s report.
In
Pune, 22 inmates have been missing from the Yerawada Central Prison after they
were granted parole or furlough in the past 30 years.
Mumbai-based
gangster Vijay Thopte who was accused in the murder of union leader Datta
Samant and Arun Gawli gang member Eknath Arjun Mohite of Bhosari are among
those missing from the Yerawada jail. While Thopte has been missing after he
was granted parole a year ago, Mohite, who has several cases registered against
him with the Pune city and rural police units, has been missing for more than a
year now.
Might Not Have Recommended Parole For Manu: Pilot
Disapproving
the grant of parole to Jessica Lall murder convict Manu Sharma, who also
happens to be the son of an influential Haryana Congress leader, Congress
leader Sachin Pilot has said that he might not have recommended parole to the
lifer had he been the chief minister of Delhi.
“I
personally believe that perhaps more diligence should have been made before
issuing these orders. The fact that he has already gone back (to jail) does not
make a difference now,” Pilot said while participating in a TV programme.
Asked
whether it was a mistake for the Delhi government to have recommended parole
for Sharma, Pilot said, “Well I am not Delhi chief minister. From whatever I
know of the case, if I was the chief minister I would probably not have given
the parole”.
Sharma
was granted parole after chief minister Sheila Dikshit recommended it. Sharma,
who had applied for the parole on the ground of performing religious rites for
his grandmother (who died in 2008), attending to his ailing — later modified to
‘ageing’ — mother, and business matters, in Chandigarh.
Significantly,
the Delhi Police has gone on record to say that it had opposed the grant of
parole. It has been reported that the Delhi government has so far received 132
parole applications this year out of which as many as 88 are still pending, 33
were rejected and 11 applicants were granted parole.
Dikshit
had so far been under fire for justifying her decision, saying that it was
within the “legal purview” only from the opposition BJP and legal luminaries,
who had so far been protesting that it was a blatant case of partisanship. Not
only was Manu Sharma granted parole on flimsy grounds, and his parole extended
by another month on the recommendation by Dikshit, he clearly violated the
parole conditions as well.
Opposition
BJP points out that Manu Sharma’s father Venod Sharma, who is an influential
Congress leader in Haryana, played a major role in ensuring that the Congress
government in Haryana could be sworn. He is believed to have been instrumental
in getting the support of not only the seven independents but also the
defectors from Haryana Janhit Congress which now only has Kuldeep Bishnoi left
because as many as five of his MLAs joined Congress on Monday.
Sachin
Pilot is the first Congress leader who has gone on record to even mildly
express disagreement over the issue.
Nobody would have known
What
is even more significant is that the news of Jessica Lal murder convict — who
is serving a life sentence for having shot dead the Delhi model on April 29,
1999 at the Tamarind Court Bar — being out on parole came to public notice only
because he was yet again involved in a brawl in a nightclub.
Observers
point out that the brawl on the night of November 6 at F bar in New Delhi’s
Ashoka hotel that Manu Sharma and Sahil Dhingra got involved with Pranay Dadwal
and his female friend may even have gone unreported or been hushed up had Delhi
police commissioner’s own son not been involved in the case.
The
argument turned ugly and Pranay Dadwal informed his father, who happens to be
none other than Delhi Police Commissioner Y.S. Dadwal.
It
was because of this that a jeepload of cops landed up at the bar.
By
then Manu Sharma and his friends had left F bar and moved to the exclusive LAP
bar in the adjacent Samrat hotel, which is owned by Mumbai film actor and model
Arjun Rampal.
By
the time the police reached LAP, Manu had escaped. The police picked up
Dhingra, and it was only on going through the CCTV video coverage that it could
be confirmed that the person accompanying Dhingra was none other than the high
profile Manu Sharma who, most people assumed, should have been in jail.
It
was only then that it came to light that he had not only been granted parole,
it had even been extended, while he had been out there partying at various
nightclubs and bars, not only in Chandigarh, where he was supposed to be for
the period of his parole, but also in Delhi.
Observers
also point out how thee is nothing new in the subversion of justice in Manu
Sharma’s case, as the powers that be had almost ensured his acquittal in the
Jessica Lal murder case, which got re-opened because of an unprecedented
media and public campaign.
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.
Read full text in the attached file
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
posted by DALIT online @ 9:55 PM
<< Home