S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.7 issue.48…… .27/11/2013
JUDGES , SEX &
CRIME COVER-Ups
Now days we are
seeing frequent reports
of Judges involvement in crimes
, sexual assaults , misuse of office , etc in the media.
They are hushing
up , covering up
those crimes by misusing
their power , enormous clout.
Legal Immunity applies
only to their
official actions but
not to their actions
as individuals , their criminal
actions. These guilty
public servants cunningly
intertwine their official
& personal actions
to escape legal
prosecution , in this
backdrop to bring
out the wrong
, illegal work
practices of public
servants , judges , police I have raised
basic questions about
their work practices
in public interest.
Till date the guilty
public servants have
not given their
full replies at all ,
as they have
much to hide
than to reveal.
Once again I am raising those
questions to Honourable
Chief Justice of
India to answer
at the earliest
in public interest :
FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL
FUNCTIONARIES IN INDIA
Let the Legislators of states, members of parliament, High courts & Supreme
Court Judges & other constitutional functionaries answer the following
questions which are vital in a democracy.
1) What are the fundamental rights of a citizen guaranteed under the
constitution (Article 21) ?
2) What are the privileges conferred on legislators & parliamentarians by
the constitution of India?
a) Inside the House b) Outside the House
3) What are privileges conferred on constitutional functionaries, like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
4) Are the privileges legal immunity conferred on above mentioned
constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
5) Are the privileges defined & codified ?
6) Are these privileges above freedom of the press ?
7) Are the liberty & fundamental rights of the citizens guaranteed by the
constitution, above the privileges of the constitutional functionaries or equal
or below ?
8) Can the Indian legislatures & parliament be equated to the House of
commons in England which is considered to be a superior court and court of
records ?
9) Can the division of powers, namely the legislature, the executive and the
Judiciary, be equated to the functioning of the House of commons and House of
Lords in England ?
10) Can a citizen be said to have committed breach of privilege of the House or
court and causing contempt of the house or court by raising the issues of
accountability of constitutional functionaries ?
11) Can a Legislature or Parliament enact a new law, to circumvent or to
nullify the Judicial orders with respect to wrongdoings by peoples representatives
& executive ? does not it amount to infringement of Judicial powers &
contempt of the court by the House.
12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional
duties of a constitutional functionary or equal in importance to it ?
13) Can a constitutional functionary commit crimes, anti-national activities in
the name of constitutional duties, behind the legal veil of official's secret
act & go unaccountable for his actions and go unpunished by his legal
immunity privileges ?
14) Are the Legislators members of parliament, High court & Supreme court
Judges and other constitutional functionaries not willing to codify their
privileges for the reason that if codified their privileges would be curtailed
and their action would be subjected to legal scrutiny. ?
15) By votes of citizens Legislators and parliamentarians get seats in the
legislature and Parliament out of tax payer's money, they get their pay, perks
& lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is
above (More valid) or a seat of legislator or parliamentarian is above or more
valid in a democracy ?
16) Judges & Constitutional functionaries are indirectly appointed by
voters / tax payers. Out of tax payers money, they get their pay, perks &
lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen,
fundamental duties of a tax payer is above (more valid) or a seat of judge /
constitutional functionary is above (more
valid) in a democracy ?
17) If there is a vacuum in the Legislature or parliament, who is to fill up
that vacuum till such time that the legislature or parliament acts provide a
solution by performing its role by enacting proper legislation to cover the
field (vacuum) ?
18) While it is an unhealthy practice for a Judge to claim to be a Judge in his
own cause, is it not worse for the members of the legislature and parliament to
be judges in their own cause ?
19) Are the Technicalities of the case more important to a judge or Justice to
a citizen, protection of fundamental rights of citizen.?
20) Why not the constitutional functionaries initiate suo moto action with
respect to numerous cases of injustices reported in Media ?
21) Why not the Judges admit various cases of Injustices affecting public, as
the Public Interest Litigation" ? In some cases, the Public or the person
representing them is unable to afford the high cost of the case. Why not free
legal aid is given ?.
22) What is the criteria for admitting a P.I.L. & giving free legal aid ?
23) Communication - free flow of information is the lifeline of a democracy.
Why the constitutional functionaries are not honouring the Right to Information
of Citizens ?
FIRST APPEAL UNDER SEC 19 (1) OF RTI ACT 2005 OF
GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA
APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT
2005 )
CPIO ,
DG& IGP , BANGALORE Reference No :
1053/RTI/SP(PRO)/2012/RPAD dated 13.09.2012
CPIO , CMO ,
BANGALORE Reference No :
CM/622/RTI/2012 dated 07.09.2012
CPIO ,
RAJBHAWAN , BANGALORE Reference
No : GS 165 RTI 2012 dated 03.09.2012
CPIO , UNION
HOME MINISTRY , GOI , NEW DELHI Reference No :
Dy.No.121805/DS/CS/2012-CSR.III dated 12.09.2012
CPIO ,
RAJYASABHA , NEW DELHI Reference No.RS/2(458)/2012-RTI
dated 17.09.2012
CPIO ,
LOKSABHA , NEW DELHI Reference No : 1 (979) / IC/12 dated
24.08.2012 and No.1 (1030) / IC / 12 dated 03.09.2012
CPIO ,
RASHTRAPATHI BHAWAN , NEW DELHI Reference No: 955/RTI/08/12-13 dated
29.08.2012
CPIO ,
SUPREME COURT OF INDIA , NEW DELHI , NO REPLY
FULL NAME
OF THE APPLICANT : NAGARAJA.M.R.
ADDRESS
OF THE APPLICANT : NAGARAJA.M.R.,
EDITOR ,
SOS E-VOICE JUSTICE & SOS E-CLARION OF DALIT ,
# LIG-2 /
761, OPP WATER WORKS OFFICE,
HUDCO
FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL,
MYSORE , KARNATAKA PIN – 570017.
RTI
First Appeal Made to First Appellate Authorities
RTI
APPELLATE AUTHORITY , O/O DG & IG of Police , Government of Karnataka
,Police HQ , Bangalore.
DETAILS OF
DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :
The
concerned CPIO has failed to provide information to me , thereby he
is shielding the criminals , anti nationals. In turn CPIO himself has committed
crimes. It goes to prove the existence of Criminal Nexus between
CRIMINALS - CORRUPT PUBLIC SERVANTS – CORRUPT
POLITICIANS.
HEREBY ,
I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE
FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT
BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES ,
BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT
OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS.
WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS
AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC
SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.
I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN
LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE ,
PROSECUTION , ETC. READ DETAILS AT :
Hereby
, we do request PIO O/O Honourable Chief Justice of
India , PIO , O/O H.E.Honorable President of India , PIO O/O Honorable
Speaker of Lok Sabha , PIO O/O Dy Chairman of Rajya Sabha , PIOs of
Karnataka Raj Bhawan , Karnataka CMO , Union Home Ministry GOI and
DG & IG of Police of Government of Karnataka to answer the following
questions in public interest , for safeguarding national security ,
National unity & integrity & to legally apprehend anti-nationals
, criminals within the judiciary & police.
Main
A :
You have
not taken appropriate action to my previous RTI requests , Numerous appeals for
justice & police complaints. You have not replied to show-cause notice
also. Your inaction has helped the criminals in manipulating & destroying
evidences.
Your
inaction / delay in performing your duties not only amounts to denial of
information , but amounts to violation of our fundamental & human
rights , cover-up of crimes , aiding & abetting criminals . The criminal
nexus tried to silence me in many ways. Is not these acts of your’s a
crime in itself ?
If your
acts of crime cover-ups , information / evidence cover-ups , aiding &
abetting criminals , silencing a crusader is just & legal. The same
type of acts of crimes performed by other citizens will also be legal ?
Main
B :
At the
outset , we express our whole hearted respects to all constitutional
institutions & to the honest few in public service. Contempt of
constitutional institutions , citizens of India is being made by the corrupt
persons in constitutional positions themselves. This is an appeal to the honest
few in public service , constitutional positions , to bring their corrupt
colleagues to book.
1.
does the action of MPs , MLAs taking money / receiving favors from vested
interests , to formulate policy decisions , to raise questions in parliament /
legislative bodies or to abstain from voting legal ?
2.
why transparent , fair investigation is not done in such cases ?
3.
just remember , the vulgar acts of Mr.Bora Babu Singh in state
legislature & how some MLAs vulgarly behaved with
Ms.Jayalalita in state legislature , years ago. Are these type of vulgar
actions by MPs & MLAs legal ? does not these constitute contempt of
the house by MPs & MLAs themselves ?
4.
all the people’s representatives from panchayath member to president of India
must read ABCD Of Democracy provide along with.since independence
of India till date , MPs & MLAs are forcing projects on people against the
wishes of people , formulating policies against the wishes of people. Are not
such projects , government policies & Laws , undemocratic & illegal ?
5.
is the election commission of India verifying the authenticity of affidavits
submitted by electoral candidates ?
6.
how many candidates have been caught so far for giving false affidavits ? are
all the violators prosecuted?
7.
are the MPs , MLAs submitting their wealth details on affidavits yearly to
vigilance authorities ? defaulters , violators how many ?
8.
what legal action taken against violators , defaulters , for giving false
affidavits ?
9.
who is checking the authenticity of those affidavits submitted by MPs , MLAs ?
10.
the agricultural incomes of some MPs , MLAs , their kih & kin raises even
during the time of severe drought , floods , fall in prices of agricultural
products , their companies register increase in turnover / profits even during
recession , the trusts / NGOs set up by them receive huge donations. Are all
these income legal ?
Main
C :
1.
we do once again offer our conditional services to the government of india
, all state governments & supreme court of india , in apprehending
tax evaders , land grabbers , corrupt police , corrupt judges , corrupt
public servants , labor law violators , etc. whom the the government officials
, vigilance authorities have failed to apprehend. Why the authorities , courts
, supreme court of India , are not ready to utilize our service ? are
they afraid of being caught ?
2.
the public servants , courts theselves are delaying giving information /
records to us in many cases. So in the issues / cases raised by us , the clause
of time bar doe not apply. Are these delaying tactics of public servants ,
courts legal ?
3.
why no proper , timely action was not taken based on numerous police complaints
made by us ?
4.
why DG & IGP , Government of Karnataka , has not made any efforts to seek
legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from
union & state home ministries ?
5.
the criminal nexus is trying to silence me in many ways , but the supreme court
of India & national human rights commission has failed to undo
the injustices , why ? is it because it is not a high profile case ? is
it because it is not hi-fi , does not get image ratings , TRPs ?
6.
the public servants are aiding underworld , naxalites & terrorists , by
their delaying tactics & denial of information , records. What action has
been taken against such anti-national elements in public service ?
7.
how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore
(editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka
police , to national human rights commission to supreme court of India
till date ? what action taken with respect to each complaint ?
8.
the delay in taking action by public servants with respect to following
cases has resulted in more crimes , destruction / manipulation of
evidences , records and more injustices to commonman. Why the authorities
did not take timely action against criminals in following cases ?
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT
OF
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/
,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201
HONOR OF INDIAN PALIAMENT FOR SALE
Persecuted
IROM SHARMILA of Puttaparthi AP – pushpa kolasani on hunger strike in
anantapur district jail Andhra Pradesh
9.
how many judges are caught by authorities for doing improper , immoral & illegal
acts , since independence till date ? what action taken in each case ?
10.
what action taken against copy cat judges caught red handed while copying in
public examination in Andhra Pradesh ?
11.
have you reviewed all the previous judicial decisions taken by such
judges of doubtful integrity & honesty ?
12.
is it not the duty of government & supreme court of India , to
protect the fundamental rights & human rights of all Indian citizens
?
13.
why the government & supreme court of India has failed to protect the
fundamental rights & human rights of me & those mentioned
in my complaint ?
14.
how many former CJIs , supreme court & high court judges have
disproportionate wealth ?
15.
Your denial of information to my previous RTI requests amounts to
suppression of evidence , hiding crimes , what action against erring public
servants ?
16.
why my previous RTI requests or part there of was not transferred to appropriate
authorities and information given to me in a consolidated form ?
Main
D :
Q1. Why not death sentence to corrupt police who murder people in in lock-up /
fake encounters ?
Q2. Why
not death sentence to corrupt police who apply 3rd degree
torture on prisoners ?
Q3. Why
not death sentence to corrupt police , who connive with criminals &
backstabs our motherland , it’s national security ?
Q4. Don’t
the police have suo-motto powers to take action in the interest of public
welfare , law & order ?
Q5. Daily
we see numerous reports of misdeeds by police , public servants ,
industrialists , etc in the media . Then why not police taking any action with
respect to them ?
Q6.
nowadays we see numerous reports of scams , scandals by constitutional
functionaries , public servants in the media. Instead of wasting money ,
killing time by prolonging formation of parliamentary committees , judicial
commissions , why not subject those accussed public servants to narco analysis
, lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences ,
witnesses to take action against the rich & mighty crooks. Where as if a
rich person just gives a complaint against a poor chap , he is arrested ,
tortured eventhough there are no evidences , witnesses. Why this double
standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or
as per RTI ACT , the public servants don’t give full , truthfull information.
Still , police / courts don’t take action against those public servants hiding
crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain
commission of enquiry or supreme court of india probing late prime minister
rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by
snatching away my job oppurtunities in government service, by physically
assaulting me , by threatening me of false fix-ups in cases & by attempts
to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence
personnel about this case , but the culprits were not enquired even once , why
?
Q12.who compensates the losses I have suffered due to these injustices ? are
not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of
witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in
their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to
IAS officer , police verification is mandatory. While appointing to sensitive
defense establishments , research institutes in addition to police verification
, central intelligence agencies cross-check candidate’s background. However is
there no background checks of constitutional functionaries , MPs , MLAs , , who
are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during
presidential allegations that close relative of one of the front running
candidates have swindled public money by their bank , misused public money
through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india
, more than half the population are poor , people are starving to death.
Inspite these background , GOI funded & aided terrorist outfits in former
east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided
terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn
these terrorist outfits have murdered thousands of innocents in those
countries. Are these acts of GOI just & legal ? Is not GOI responsible for
all those murders of innocents ? has GOI paid any compensation to those victims
or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI
has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained
& funded “salwa judum” to counter naxalites. Salwa judum cadres are
terrorizing innocents just like naxalites. Is this action of government just
& legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where
there are no problems of terrorism , TADA / POTA is being slapped against
innocents , even children. In M.M.Hills of Karnataka state , STF personnel
charged tribal people with TADA on frivolous charges of taking lunch to
veerappan , stiching dress for the forest brigand, etc. where as the prominent
political, film , sports personalities who have links with underworld , anti
national elements & attended parties hosted by dawood Ibrahim , other dons
in gulf countries , else where. But these hi-fi people are not charged with
TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing
well the criminal objectives of criminals , hid the dangerous arms & ammunition
in his home , which were intended for terrorizing public. However mr.dutt is
not charged with TADA / POTA instead he is charged with illegal possession of
arms act ( which is normally applied to farmers who use illegal home made guns
to scare away animals , birds in their farms ). Why this favourable treatment
of mr.dutt by police ? prosecution ? is this because dutt is politically mighty
& rich ?
Q23. Law is one & same for all , the public servants, police interpretes ,
enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international
criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes
with 15 digit IMEI number , this number is also used by police for tracking
criminals. In consumer dispute at consumer disputes redressal forum Mysore CD
49/05 , nokia company stated that all it’s products come with IMEI number only
& stated that the product in dispute sold by tata indicom dealer M/S INTOTO
COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers.
Further nokia stated they don’t have any business relationship with either tata
indicom or it’s dealer. However the tata indicom dealer stated that indeed his
products are genuine , first hand products , but doesn’t have IMEI numbers .
this proves the dealer in collusion with tata company is selling illegal nokia
mobile hand sets & cheating the public. These mobiles are evading taxes ,
as well as these are without IMEI numbers best buy for criminal elements who
want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a
case ie to file “B” report , when after certain time limit no leads are found
in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to
investigate case properly , so that either the case can be closed with “B”
report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a
lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order
acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the
notorious big time rich criminals get spacious barracks with tv, news paper ,
adequate food , medical care , etc while small time criminals , poor are
crammed into pig sty like rooms with 60-70 inmates without any basic
requirements ?
Q30. What is the status of my complaint made to the DG & IG of police ,
government of Karnataka on 10/12/2004 ? the copies of complaint was released at
press meet at patrakartara bhavan Mysore on same day, even copies were given to
police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain
constitutional functionaries , so that they are not burdened with frivolous
court cases & can concentrate on their constitutional duties. But these
privileges doesn’t cover the individual actions of those public servants like
rape , murder , dowry harassment , tax evasion , misuse of office , etc. but
still law enforcement / police department is bound to send request to home
ministry seeking permission & home ministry sits over files for months.
This gives the accussed ample time to destroy evidences. Is it right &
legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not
what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the
prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s
representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal
charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have
contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons
in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in
various cases . but shown in the police records as absconding but in reality
are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any
public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a
spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin
& while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister
mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money
from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when
that culprit party comes to power all the cases involving it’s partymen are
withdrawn by the government orelse prosecution fails to prove it’s case &
prefers not to appeal. Just remember Bombay riot case involving shiv sainiks
& others , when shiv sena – BJP came to power in Maharashtra ,
all the cases against it’s partymen were withdrawn. Are these type of decisions
by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the
PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various
foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures ,
fix-ups , , who suffer in jail for years & acquitted by courts upon finding
them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty
police officers who are responsible for lock-up deaths , fake encounters &
3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel
who were responsible for gross human rights violations , 3rddegree
torture , lock-up deaths of innocents in forest brigand veerappan’s territory ,
based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my
conditional services to GOI & GOK to apprehend corrupt public servants. Are
you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass
fury , riots , etc. they suffer more & even their family members suffer
threats from the criminal elements. Do the government provide insurance
coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police
who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public
interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly
duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since
1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING
SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O
NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis ,
lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings &
subtly insisting the poor to tow the line of rich or else face the consequences
, is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during
his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during
narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about
misuse of office , criminal acts by judges from munsiff court to supreme court
of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases
accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it
just ended with their resignation from services or his superior judge not
allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong
doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted ,
guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges
including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn
affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court ,
what action is initiated against lower court judge for making unjust judgement
& meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are
made , why the accussed – judges are not subjected to tests like
“poly graph , lie detector , brain mapping , etc” , in the interest of justice
& truth ?
Q85. judges are not employees of government , so they are ineligible to be the
members of “Karnataka state government judicial department house building
co-operative society”. Then how come , many judges including supreme court
judges are admitted as members of this society & allotted prime residential
site worth crores of rupees for a few thousands by the said society at said
society’s – judicial layout , yelahanka , Bangalore ? while the
ordinary members like peons , clerks in judicial department are waiting for a
site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government
or state government or government agency is one of the parties. How many judges
or their family members , have received out of turn , favourable allotments of
sites , gas agency , petrol pumps , etc by the government ? is not such
allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree
torture by police , is not the judge of the respective court which is handling
that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the
police officers for committing 3rd degree torture , on charges
of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the
candidatures to various vacancies in that court from the public vide
notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the
merit ranking list of selected candidates along with my merit ranking for the
post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures
to various vacancies in that court from the public vide notification no : ADM-I(A)422/03
dated 19/05/2003. Please furnish me merit ranking list of selected candidates
for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police
custody or judicial custody , is not the respective judge dealing that person’s
case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody ,
for periods far exceeding the legally stipulated sentence periods. For example
: a pick-pocketer is in jail for one year , the judge finds him guilty of
offence & gives him 3 months sentence. What about the excess punishment of
9 months. Is not the judge responsible for the illegal , excess punishment of the
convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds
them as innocents & acquits them of the charges. What about the prison
sentence , the innocent has already served ? is not the judge responsible for
this illegal , unjust punishment to an innocent ? remedy ? what action against
the judge ?
Q95. does the privileges of judges cover both their official actions & the
actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges
& their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges
, constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as
the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as
governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled
caste , scheduled tribe , other backward classes , minorities & women are
their in supreme court , state high courts & subordinate courts ? kindly
provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the
accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of
judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the
official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in
their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka
high court judges & newly selected women judges involved in roost resort
scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not
getting proper health care from government at government hospitals. Is it right
& just to provide premium health care to judges , constitutional
functionaries at 5-star private hospitals in India , abroad , all at tax
payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain
their health , mental faculties & mental balance in the midst of all work
pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications
seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie”
in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus
curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by
the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto
action ?
Q114. numerous cases of injustices are reported in the media daily , with
supporting evidences . why not the judiciary take suo-motto action in all such
cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion
, before providing legal aid to the needy ? is it not needy person’s rights
violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the
court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners ,
during the police custody / judicial custody / prison sentence right ? what
action ?
Q118. when the corrupt police officer & government prosecution advocate
together cover-up evidences , conducts improper investigation intentionally to
fail the case – to cover-up rich crooks , high & mighty people ,
what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government
advoctes , tax officials , officials of licensing authorities , to ensure
proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R.
to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial
positions like district / taluk magistrates , tax officers , revenue officers ,
land acquisition officers , etc. how the judiciary monitors over their
quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human
rights watch , do offer my free services to honourable supreme court of India ,
to apprehend corrupt judges , are you – the honourable court ready to
utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court
of India , through government of india’s on-line grievance system ( DPG &
DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 ,
DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 ,
DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 ,
DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 ,
DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 ,
DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 ,
DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 ,
DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 ,
DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 ,
DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 ,
DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of
which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing
crimes – rape , attempt to murder , swindling government money ,
untouchability practice , the disrespect to national flag , sale of judicial
orders , bail , receipt of monetary gains by way of royalty for books , prime
real estate purchase at discounted rate , taking round about long foreign tours
along with family in the name of official work , etc. by this way , judges
themselves are making contempt of court , constitution of India & citizens
of India. How you are protecting the honour of the judiciary , constitution of
India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to
policemen’s family as being given to defense personnel , ex-servicemen &
their families , like preferential site allotment , lpg agency , ration depot ,
reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national
security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in
singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing
public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of
prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an
innocent person of criminal acts , resulting in his confinement in jail ,
finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty
police personnel & pay it as compensation to victims of police failures
& atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin
naturalized by marriage to an Indian or naturalized by option , to occupy any
constitutional office ?
Q133. during british rule in india & various other british colonies ,
criminal cases were foisted against our freedom fighters in India & other
british colonies. After india’s independence what happened to those cases ? did
our Indian government close all such cases or did it continue with the
prosecution ?
Q134. in how many cases GOI & other state government continued with the
prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to
face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST
FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me
as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1
/ RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per
my rti request , he transferred my application to others , in turn they
transferred the application to some others. Finally , complete truthful
information was not given , why ? as the union home secretary has got copies of
all those replies in response to transferred RTI application , will he send me
a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have
seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN
made a secret pact to win the case in favour of rich criminal , totally
manipulating prosecution witnesses , evidences & prosecution stand ,
totally making mockery of justice system . how you are ensuring the delivery of
justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout
more than the Prime Minister himself over the government of India being the
chair person of UPA. Is she legally permitted to summon confidential official
records , minutes of the cabinet , to hold the cabinet meeting of union
ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime
minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the
constitution (Article 21) ?
Q143.
What are the privileges conferred on legislators & parliamentarians by the
constitution of India?
a) Inside
the House b) Outside the House
Q144.
What are privileges conferred on constitutional functionaries, like
a)
President of India b) Prime Minister of India
c) Chief
Justice of India d) Chairman of NHRC
e)
Central Vigilance Commissioners.
Q145. Are
the privileges legal immunity conferred on above mentioned constitutional
functionaries ?
a) Cover
all their official actions irrespective of merit.
b) Cover
both their official & personal actions.
Q146. Are
the privileges defined & codified ?
Q147. Are
these privileges above freedom of the press ?
Q148. Are
the liberty & fundamental rights of the citizens guaranteed by the
constitution, above the privileges of the constitutional functionaries or equal
or below ?
Q149. Can
the Indian legislatures & parliament be equated to the House of commons in
England which is considered to be a superior court and court of records ?
Q150. Can
the division of powers, namely the legislature, the executive and the
Judiciary, be equated to the functioning of the House of commons and House of
Lords in England ?
Q151. Can
a citizen be said to have committed breach of privilege of the House or court
and causing contempt of the house or court by raising the issues of
accountability of constitutional functionaries ?
Q152. Can
a Legislature or Parliament enact a new law, to circumvent or to nullify the
Judicial orders with respect to wrongdoings by peoples representatives &
executive ? does not it amount to infringement of Judicial powers &
contempt of the court by the House.
Q153. Are
the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties
of a constitutional functionary or equal in importance to it ?
Q154. Can
a constitutional functionary commit crimes, anti-national activities in the
name of constitutional duties, behind the legal veil of official’s secret act
& go unaccountable for his actions and go unpunished by his legal immunity
privileges
Q155. Are
the Legislators members of parliament, High court & Supreme court Judges
and other constitutional functionaries not willing to codify their privileges
for the reason that if codified their privileges would be curtailed and their
action would be subjected to legal scrutiny. ?
Q156. By
votes of citizens Legislators and parliamentarians get seats in the legislature
and Parliament out of tax payer’s money, they get their pay, perks & lead
5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More
valid) or a seat of legislator or parliamentarian is above or more valid in a
democracy ?
Q157.
Judges & Constitutional functionaries are indirectly appointed by voters /
tax payers. Out of tax payers money, they get their pay, perks & lead
5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental
duties of a tax payer is above (more valid) or a seat of judge / constitutional
functionary is above (more
valid) in a democracy ?
Q158. If
there is a vacuum in the Legislature or parliament, who is to fill up that
vacuum till such time that the legislature or parliament acts provide a
solution by performing its role by enacting proper legislation to cover the
field (vacuum) ?
Q159.
While it is an unhealthy practice for a Judge to claim to be a Judge in his own
cause, is it not worse for the members of the legislature and parliament to be
judges in their own cause ?
Q160. Are
the Technicalities of the case more important to a judge or Justice to a
citizen, protection of fundamental rights of citizen.?
Q161. Why
not the constitutional functionaries initiate suo moto action with respect to
numerous cases of injustices reported in Media ?
Q162. Why
not the Judges admit various cases of Injustices affecting public, as the
Public Interest Litigation” ? In some cases, the Public or the person
representing them is unable to afford the high cost of the case. Why not free
legal aid is given ?.
Q163.
What is the criteria for admitting a P.I.L. & giving free legal aid ?
Q164.
Communication – free flow of information is the lifeline of a democracy. Why
the constitutional functionaries are not honouring the Right to Information of
Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka
, justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental
enquiries against approximately 200 judges , is it just & legal ? give me
the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ?
refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka
high court honble Mr.Dinakar (now elevated to supreme court of India) just on
assuming offices within hours scrapped disciplinary inquiry proceedings against
200+ erring judges. In such a short time no human being can study all the cases
in detail , then how come he arrived at this vital decision in such short time?
Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district
judge without conducting hearings properly , entering fictious dates of
hearings (which happens to be government holidays ) facilitated in exonerating
a top politician . has the court enquired into the previous judgements of the
accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the
influence of alchohol , as it limits the functioning of his senses & brain.
That is why the acts & sayings of drunkards , committed / said when they
are drunk are not taken seriously. However most of the police officers after
evening hours are drunk , in that state only they apprehend many suspects &
produce those suspects at the residences of magistrates before magistrate
during wee hours / night. Some of of the judges are also drunk during that
time. Does the senses of drunken police & judges work properly to do their
respective duties in identifying criminals , apprehending them & to issue
judicial orders. Are these actions of police & judges in drunken state
legal ?
Q 172 .
What action has been taken in bhopal gas leak case against the guilty
police officials who changed the charge sheet against union carbide officials ?
Q 173 .
What action has been taken against guilty police officials , district
magistrate , state ministers & central ministers who fully aided the
criminals – Union Carbide official Mr. Anderson to escape law , to jump
bail & flee the country without court’s permission ?
Q 174 .
What action has been taken against the above said guilty with respect to their
contempt of court & for aiding a criminal to escape ?
Q 175.
What action has been taken against the chief justice of India , who changed the
legal clause under which the guilty should be tried ? what action has
been taken against the CJI who became an official of the trust
belonging to the criminal ?
Q 176 .
What action has been taken against the Indian Public servant who decided to
withdraw cases from US Courts with respect to Bhopal gas tragedy ?
Q 177 .
What action has been taken against the state labour department & pollution
control board officials who have failed in their duties , inspite of earlier
warnings by journalists ?
Q 178 .
What action has been taken against state cabinet ministers who decided the
quantum of compensation money to favour the criminal although they don’t have
right to do so ?
Q 179 .
What action has been taken against Presiding Judge of the trial court , Chief
Justice of India , state police officials , public prosecutors & Central
Bureau of Investigation officials who kept quite all along and didn’t
press for the extradition of the criminal Mr.Anderson , for producing the
criminal accussed no.1 before the trial court ?
Q 180 .
Is it not SHAMEFUL for the judiciary , police , government officials &
people’s representatives who became part of Operation Crime Hush Up & aided
criminals responsible for ghastly murders of thousands & maiming of
lakhs of hapless public in Bhopal Gas Leak Tragedy?
Q 181 .
Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt
labour / pollution control board officials HUMAN BEINGS ?
Q 182 Why police are not registering my
complaint against CJI & other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police
station mysore have legal jurisdiction to register the
case against these VVIPs ? or just because the criminals
happens to be VVIPs ,they are not booked by police? If
the said police don’t have legal jurisdiction to book
these VVIPs , they should have transferred the complaint to
those authorities who have jurisdiction & authority to
book & prosecute these VVIPs , but not done
so , why ?
Q 184 are not all these actions , of VVIPs & police
amounting to cover up of crimes & criminals ? are not
these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as
PIL by courts of justice . however my appeals for justice
concerning public welfare , national security sent through
post , e-mail to supreme court of india are not admitted as Public
interest litigation , why ? does not these acts of Supreme court
amount to aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india
together with the jurisdictional police & Revenue district
magistrate responsible to protect the fundamental &
human rights of people ? why the CJI , Mysore DC & Jurisdictional
Police have failed to protect the fundamental & human rights of
people including mine ? For all the previous injustices I have suffered
at the hands of the criminal nexus Honourable CJI , Mysore revenue
district magistrate & jurisdictional police are together
responsible , if anything untoward happens to me or to my family members or to
my dependents the quartet – Honourable Chief Justice of India ,
Honourable District Magistrate , Mysore , Honourable Police Commissioner of
Mysore city & Circle Inspector of police , vijayanagar police station
, mysore will be responsible .
These
corrupt parasites will feel , understand the pain only when they
also suffer in the same manner. Let us pray to almighty – In whose
Court of justice MATCH FIXING is not there & every body is equal ,
let us pray to that god to give these corrupt parasites ghastly deaths nothing
less nothing more.
YEAR TO
WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2012 . SOME
OF THE DOCUMENTS ARE DATED BACK TO 1947.
PUBLIC
INFORMATION OFFICERs who failed to provide information and shielding criminals
, anti nationals :
1. PIO ,
O/O Honorable Chief Justice of India , Supreme Court of India , New Delhi.
2. PIO ,
O/O H.E.Honorable President of India , Rashtrapathi Bhawan , New Delhi.
3. PIO
O/O Honorable Speaker of Lok Sabha , GOI , New Delhi.
4. PIO
O/O Dy Chairman of Rajya Sabha , GOI , New Delhi.
5. PIO ,
O/O Union Home Minister ,GOI , New Delhi.
6. PIO ,
O/O H.E.Honorable Governor of Karnataka , Raj Bhawan , Bangalore.
7. PIO ,
O/O Honorable Chief Minister of Karnataka , CMO , Bangalore.
8. PIO ,
O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.
Fees Paid
:
1.
IPO 08F 429306 for rupees ten only.
2.
IPO 08F 429307 for rupees ten only.
3.
IPO 08F 429308 for rupees ten only.
4.
IPO 08F 429309 for rupees ten only.
5.
IPO 08F 429310 for rupees ten only.
6.
IPO 08F 430701 for rupees ten only .
7.
IPO 08F 430702 for rupees ten only .
8.
IPO 08F 430703 for rupees ten only.
Enclosed
:
1.
Police Complaint dated 20.08.2012
2.
Show Cause Notice Dated 20.08.2012
3.
ABCD Lesson of Democracy.
DATE :
02.10.2012 ……………..………………………NAGARAJA.M.R.
PLACE :
MYSORE , INDIA….. ……………………….( APPLICANT)
Editorial : Hang
Rapist Judges to Lamp Posts - JUDGES &
SEXUAL CRIMES
At the outset , we
express our whole hearted respects to the honest few public servants
in public service
including judiciary & Police. However, the corrupt in public service don’t
deserve
respect as individuals –
as they are parasites in our legal system. Still we respect the
chairs they occupy but
not the corrupt individuals.
All the following
articles / issues , past cases of sexual assaults on women by judges (hushed up
?) , whole articles published in the weblinks mentioned
below forms part of this
appeal. The term “JUDGE” mentioned throught includes all public
servants discharging
judicial functions right from taluk magistrates , quasi-judicial
officers to Chief
Justice of India.
Indian Legal / Judicial
System is manipulated at various stages & is for sale. It is a SHAME.
The persons who raise
their voice seeking justice are silenced in many ways. The
criminal nexus has
already attempted to silence me in many ways . If anything untoward
happens to me or to my
family members , my dependents , Honourable Chief Justice of
India together with
jurisdictional police officer will be responsible for it.
Hereby, we do once again
offer our conditional services to the honourable supreme court
of India & other
government authorities, in apprehending criminals including corrupt
judges & police.
Herewith , we once again appeal to the honourable supreme court of
India , to consider this
as a PIL Appeal in public interest.
Consider the cases of
sexual assault by JUDGES , POLICE on women . The JUDGES
have legal immunity with
respect to their official duties, official actions but not their
individual actions
amounting to CRIMES.
The public servants
& the government must be role models in law abiding acts , for others
to emulate & follow.
if a student makes a mistake it is excusable & can be corrected by
the teacher. if the
teacher himself makes a mistake , all his students will do the same
mistake. if a thief
steals , he can be caught , legally punished & reformed . if a police
himself commits crime ,
many thieves go scot- free under his patronage. even if a police ,
public servant commits a
crime , he can be legally prosecuted & justice can be sought by
the aggrieved. just
think , if a judge himself that too of apex court of the land itself
commits crime -
violations of RTI Act , constitutional rights & human rights of public and
obstructs the public
from performing their constitutional fundamental duties , what
happens ? it gives a
booster dose to the rich & mighty , those in power , criminals in
public service to
committ more crimes. that is exactly what is happenning in india. the
educated public must
raise to the occassion & peacefully , democratically must oppose
this criminalisation of
judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA
GANDHI'S DREAM.
Hereby , we request the
honourable court to reopen all hushed up old cases of sexual assault involving
judges and to punish the guilty judges.
Read Is CHIEF JUSTICE OF
INDIA above LAW ???
Law student sexually
harassed by ex-Supreme Court judge: case is not unique, but speaking out
is nearly impossible
In India , corruption ,
favouritism is prevalent in all recriutment / selection processes. The selection
is made on bribe , caste , religion but definitely NOT on the basis of Merit
& Integrity. The selection to the posts of even Supreme court Judges ,
quasi judicial officers like district magistrates , taluk magistrates , police
, etc is not above board. For example we have recently seen the illegalities
in KPSC interviews selecting gazetted officers to government of karnataka service. These
tainted , ineligible unfit waste body candidates who get selected
as judges , police through devious means sell their
judicial orders , executive orders , police orders for a price. The
denotfications of government lands , etc as in the case of Mysore
DC Vastrad , as in the case of Neglect of Hebbal Lake &, BEML
Quarters Lake Encroachment by DC Manivannan , as in the case of Land
irregularities by Bangalore DC Aiyyappa , changing the penal clause of
penal charges to favour the criminal as in the case of union
carbide’s warren Anderson from mass murder to improper management of the
facility , as in the case of Sanjay dutt from TADA charges to
illegal possession of arms , etc. The police for a price fix
innocents , file B reports favouring the criminals to close the case
, prefer not to file an appeal in the higher court , etc. As in the
case of Bofors , as in the case of past SP of chamarajanagar Puttaswamy
taking bribe from a granite quarry owner for filing B-report in a case. Disgracefully ,
recently a judge tainted in MYSORE ROOST RESORT
SEX SCANDAL was promoted as a supreme court
judge. What Justice common folk can expect from these corrupt bodies ?
They turn illegalities into legal issues by their orders. These
CORRUPT Judges , Police , District Magistrates , Taluk Magistrates
are doing more damage to India’s Unity & Integrity than
the Naxalites & Terrorists. These corrupt public servants must
be put behind bars together with terrorists & naxalites. Let the sense
prevail & Democracy prosper. The Honest few in Judiciary , Police &
Executive must raise upto the occasion to SAVE DEMOCRACY & to kick
out their corrupt colleagues from office.
Your’s Sincerely ,
Nagaraja.M.R.
Supreme
Court zeroes in on ‘harass’ judge; support for disclosure grows CJI lauded
for probe order
|
R. BALAJI
|
New Delhi, Nov. 15: The Supreme Court appears
to have identified the former judge who is accused of sexually assaulting at
least two law interns while in office, sometime about two years ago.
On the Chief Justice of India’s directions, the court
registry has checked the intern-assignment records relating to judges who
retired in the past two years, sources told The Telegraph.
They said that while convention demanded that an intern
work with a particular judge for only a month, the accused judge seemed to
have insisted that the women interns work with him for six months.
According to the sources, the feeling among the higher
judiciary is that the judge should be named, if only to end the speculation
about the other judges who retired recently. So far, the accused judge has
not been named.
Legal experts have complimented the Chief Justice for
setting up a three-judge panel to probe the allegations after one intern came
out with sexual assault charges on November 6. Since then, a second intern
has made similar accusations against the same judge.
Such a panel has no precedent in the Supreme Court’s
history, nor has any sitting or former apex court judge ever faced charges of
sexual harassment at the workplace before.
Legal experts said the Constitution had no provision for
the apex court setting up such a committee but added that the top court could
certainly do so under the extraordinary powers granted to it by Article 142.
What the committee will do is question the first intern
(she has been requested to appear before it on Monday, November 18) and then
confront the accused judge.
If the panel prima facie finds truth in the allegations,
it can direct the police to register an FIR. A PTI report said police have
initiated a preliminary probe into the case.
If the judge is convicted of assaulting or using criminal
force with intent to outrage a woman’s modesty (molesting her), he can be
jailed for two years. A rape conviction can put him behind bars for life or
at least 10 years.
The Judges Protection Act 1985 grants judges and former
judges immunity from prosecution for actions committed in the discharge of
their official duties. The immunity does not apply to cases of molestation or
rape as such offences cannot conceivably be a fallout of a judge performing
his job, legal experts said.
“(Even) if the offence was committed while he was a
sitting judge, he is amenable to all the laws of the country that apply to
all ordinary citizens,” said Jaspal Singh, a former Punjab and Haryana High
Court judge who now practises as a lawyer in the Supreme Court.
“The allegations are very serious; the law will take its
own course,” he added.
Asked if the judges’ panel had judicial sanctity, Singh
said: “(Such) charges against a judge of the Supreme Court are a very serious
matter. They involve the institution and therefore they (the court) want to
verify the charges before taking any action.”
Senior counsel Dushyant Dave said the CJI had done “an
extremely good thing” by forming the panel to probe a “brother judge”.
“That this is an in-house committee owes not to any legal
requirement but more to propriety,” he said.
He added that the police must not act unless and until the
panel asked them to register an FIR, for neither has the accused been
identified yet, nor has any of the interns lodged a formal complaint.
“If any third party has lodged a complaint without proper
material, it makes no sense,” Dave said.
He added: “It’s a very serious charge; the judge concerned
has to face the music.”
|
Nothing but the truth
By Indira Jaising
A midst the rising din of the demand for death penalty for rapists comes the
news that three judges of the Karnataka High Court have been involved in what
has come to be described as a 'sex scandal' on the outskirts of Mysore at a
place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those
who knock at the doors of justice. In both cases, we are talking about the use
and abuse of women — those who are victims of sexual abuse, and those who are
used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found
with women at a resort, there was the usual crop of denials. Although the
Mysore police were called in to settle a brawl, on being told that the persons
in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a
blank. The bar association also drew a blank as most people said, "Don't
quote me… but…"
On November 30, the Bangalore edition of The Times of India published a
front-page story giving the names and photographs of the three judges and
confirming that the Intelligence Bureau had done an investigation and come to
the conclusion that the incident had indeed occurred. There were still no
details of the incident, though it was stated that the report has been given to
the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice
had sought the transfer of the three judges to Patna, Jammu and Kashmir and
Guwahati. Apparently, the chief justice has agreed to this request and the
transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of
inquiry under the 'in-house' procedure consisting of the chief justice of the
Andhra Pradesh High Court, the chief justice of the Madras High Court and the
chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire
episode continued to be referred to as a 'sex scandal'.
What is interesting about these reports is not what they reveal, but what they
conceal. It is a conspiracy of silence. If the information is now available to
the chief justice of India, why is it not being made public? Do we, the public,
not have the right to information? Ironically, the morning newspapers brought
the news that the Freedom of Information Act has been passed. What are the
legitimate limits of the right to freedom of information and the requirement of
keeping information a secret? This episode would make an interesting case
study.
What exactly is at stake here? There is much that should concern the nation
about the incident. This is not a case about the private morality of the judges,
be that as it may, but about the abuse of office that they hold. What has not
been made known is that the three women in question are women lawyers
practising in their courts.
What is at stake here is the pollution of the stream of justice at its very
source. There must be countless cases in which these women appeared before
these very judges day in and day out of their routine practice. Can one
honestly say that in such a situation justice is being done "without fear
or favour"? Judges swear on oath of allegiance to "bear true
faith" to the Constitution and do justice "without fear or
favour". How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The
usual justifications have already begun making the rounds. If the women have
not complained, what objection can anyone else have, it is asked. What is lost
sight of is the fact that the judges are in a position of dominance vis-à-vis
the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice,
for personal petty gain. It is irrelevant whether the women consented or not.
The usual blame game will now begin — blaming the victim rather than the
perpetrator; the usual loose talk about the character of the woman in question;
the usual attempt to cover up by diverting attention from the actual incident
to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those
who are responsible for sitting in judgment over cases brought for and on
behalf of women.
The issues at stake here concern one half of Indians. With what faith can
Indian women approach the courts demanding the right to equality, the right to
be free from sexual harassment or rape and the right to live with dignity, if
the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to
transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular
cities? Are they not an integral part of the country, or are they mere islands
within the country that are considered 'punishment postings' where people are
sent a la 'crossing Kala Pani' of the old days? To the credit of the Guwahati
Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full
details of the incident so that rumour-mongering comes to an end. This would be
in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than
three judges involved, that the women were professional call girls, many of
which are baseless. We, the people, have the right to know. The conspiracy of
silence must be broken.
The judges in question must neither be assigned any judicial functions pending
an inquiry nor be transferred to sit in judgment over others. Two of the judges
are stated to be additional judges. They must not be confirmed. If there is
prima facie evidence against the one remaining judge, the chief justice must
recommend his impeachment.
It is time for all concerned bar associations, bar councils and other
male-dominated bodies of legal professionals to act and ensure that there is no
cover-up. There is little point in showing sympathy to women in judgments and
in seminar rooms, or in recommending the death penalty for rape if we cannot
deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court
against some of the publications for disclosing details of the incident. Civil
society and women's organisations must demand that justice is now done when it
comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the
judiciary that this incident has thrown up. One positive aspect of the incident
is that it is only after the chief justice of the high court issued a public
notice inviting information that he received 20 representations, which led to
the discovery of the truth.
Let the truth now be made public.
Judge accused of molesting
2 rape survivors in UP
A sitting judicial
magistrate sexually assaulted them
UP: Two rape victims
claim that a sitting judicial magistrate sexually assaulted them. The girls
alleged that when they
went to the magistrate’s chamber to give their statement, he allegedly
made them strip and
molested them.
One of the girls is a
minor and the police have filed a complaint. The girls also claimed that the
judge threatened them to
not speak of the incident to anyone.
Lawyers and the general
public in Gonda launched a protest against the judge.
Another law
intern alleges sexual harassment by a former SC judge
New Delhi: Another law intern has leveled
allegations of sexual harassment against a former Supreme Court judge. A
Supreme Court committee is already probing allegations made by another student
and had asked her to appear before it.
Earlier, a woman lawyer had
written a blog in which she charged a former Supreme Court judge of sexually
harassing her, while she interned with him in 2012. The woman lawyer who
completed her law degree from National University of Jurdicial Sciences,
Kolkata wrote is her blog, "In Delhi at that time, interning during the
winter vacations of my final year in the University, I dodged police barricades
and fatigue to go to the assistance of a highly reputed, recently retired
Supreme Court judge whom I was working under during my penultimate semester.
For my supposed diligence, I was rewarded with sexual assault (not physically
injurious, but nevertheless violating) from a man old enough to be my
grandfather."
She had also claimed that
at least three other girls have also faced harassment by the same judge. The
girl said that she had refrained from disclosing the details initially due to
the high position that the judge held.
The Chief Justice of India said,
"As the head of the institution, I am also concerned about the allegations
and anxious whether the statement is true or not. The committee will go into
the whole affair and find out the facts. We are taking steps and in cases of
sexual harassment, we cannot take it lightly."
Another law student who
interned with the Supreme Court has accused a now-retired judge of sexually
harassing her, barely a week after similar charges were levelled by another
intern.
The latest allegations were
made on a Facebook post on November 11 and reported by a law website, Legally
India, on Thursday.
The same website had given
the link to the first intern’s blog, describing her ordeal. The Supreme Court
has appointed a three-judge panel to inquiry into her allegations and the
victim has been asked to record her statement on November 18.
But unlike the first instance,
the website this time has not given the link to the Facebook post or identified
the woman. When contacted Kian Ganz, who reported both the incidents, told HT:
“I got to know about the second intern’s experience with the judge through the
Facebook post. However, I wasn’t able to confirm if she wanted to go public.”
The second victim, too, was
an intern with the same judge, the website said. HT, however, could not confirm
the claims or the allegations independently. The two women can’t be identified
for legal reasons.
The excerpts uploaded on
Legally India on Thursday quote the second intern as saying she was “at the
receiving end of unsolicited sexual advance more than once”. Both the interns
knew each other, the report claimed.
“…. we kept attributing all
the signs of leeriness to our hypersensitivity... We discussed innocuously said
off-colour remarks and dismissed their creepiness because we really respected
him [the judge], and the possibility seemed at odds with everything we knew
about him, his ideas about feminism, patriarchy, social justice...,” the
website quoted from the second intern’s post.
The first intern had
alleged that the judge had misbehaved with other women interns as well.
The second intern said as
much. “In this case, we spoke to other women... and found out that there was a
history to such behaviour.”
“We also alerted some
female senior faculty to the incident so that they would ensure that no female
student was assigned work with him without being told to be on her guard.”
The website further quotes
her as saying “he promised, incidentally, that he would never misbehave with
another lady. Maybe it’s naiveté to believe him. Maybe it’s just youthful
optimism. Being brave is tougher than it appears on the face of it, no?”
The post then goes on say
that the judge “lost his RA’s [research assistants] and got a dressing down
from a 23-year-old which should have come from his father.
“Why deprive girls from the
chance to work with an illustrious mind because the mind is a little sick? A
guy who gets the task would get a savvy CV and a better job opp (opportunity).
We didn’t want girls to be left at a disadvantage,” the post, as uploaded on
Legally India, read.
Law student sexually
harassed by ex-Supreme Court judge: case is not unique, but speaking out is
nearly impossible
A law graduate who
recently blogged about how a retired Supreme Court judge sexually
assaulted her while she
was his intern, says that the problem is real and not uncommon amongst
the judiciary and senior
bar but that she sees few if any ways of tackling it.
Stella James, who
graduated from NUJS Kolkata this year and now works at the NGO Natural
Justice, Lawyers for
Communities and the Environment, wrote about an alleged incident of
physical, sexual assault
by an unnamed, retired Supreme Court judge in late 2012.
In a post that was
published on the blog of the NUJS Journal of Indian Law and Society on 6
November, she wrote about trying
to come to terms with her experience of 24 December 2012,
Christmas Eve,
ironically against the backdrop of the then-ongoing Delhi gang rape protests:
“In Delhi at that time,
interning during the winter vacations of my final year in University, I dodged
police barricades and
fatigue to go to the assistance of a highly reputed, recently retired Supreme
Court judge whom I was
working under during my penultimate semester. For my supposed
diligence, I was
rewarded with sexual assault (not physically injurious, but nevertheless
violating) from a man
old enough to be my grandfather. I won’t go into the gory details, but suffice
it to say that long
after I’d left the room, the memory remained, in fact, still remains, with me.”
“Frankly I was really
shocked,” James tells Legally India in an interview today. “There’s this
thing:
a person who is a
Supreme Court judge - you don’t expect a Supreme Court judge to harass
somebody.”
However, she says that
her experience was neither uncommon, nor merely restricted to the
judiciary: “I’ve heard
of three other cases [of sexual harassment] by the same judge and I know of
at least four other
girls who’ve faced harassment from other judges - not perhaps as [bad as
mine]: most of them were
in the chambers of the judge and other people around, so it never gets
too bad.
“A girl I know faced
continuous sexual harassment throughout and sexual advances, and actually
faced troubles through
her work because of it.” And she says she’s heard of Supreme Court
senior counsel who have
made passes at or have continuously harassed interns for longer
periods.
And though it is barely,
if at all, known outside legal circles, it is a bit of an open secret or a “big
joke” within the
profession, particularly among clerks and women working in the Supreme Court,
according to James.
“People in the Supreme
Court kind of know,” she says. “I did my internship through the college
[recruitment process].”
After beginning to share her experience with others in college, however,
James found that others
had also faced similar problems with the same judge.
James’ reasons for not
going public with the name of the judge or not lodging a formal complaint
are complex, both
morally and practically. On the one hand, she wrote in the blog post:
“I bore, and still bear,
no real ill-will towards the man, and had no desire to put his life’s work and
reputation in question.
On the other hand, I felt I had a responsibility to ensure that other young
girls were not put in a
similar situation. But I have been unable to find a solution that allows that.
Despite the heated
public debates, despite a vast army of feminist vigilantes, despite new
criminal laws and sexual
harassment laws, I have not found closure. The lack of such an
alternative led to my
facing a crippling sense of intellectual and moral helplessness.”
“I’d worked for him for
six months and he treated me really well for six months and has been
really kind to me,”
James explains. “It was rather strange to me but I haven’t really forgiven him
for it… [But] I don’t
know if I want to let myself - my impression of him as a person - be entirely
dictated by that act… My
leeway to him isn’t because he’s had a shining career and all that - part
of it is that – [but]
I’m not really sure I want to ruin somebody’s entire life because of that.”
“Once it gets out in the
open that he’s harassed other girls,” James says, “people will only look at
him in that light.”
However, James admits
that one other strong reason, which was not really touched upon in her
blog post, was concern
about whether legal action would even have any effect. James had
managed to reach two of
the other young women who were harassed by the same judge but
neither were willing to
come forward in public, mostly out of fear. “They don’t really want to
jeopordise their
careers,” James relates. “He’s a Supreme Court judge. If it’s going to be his
word
against our word, he’s
got more credibility, so to speak, of his words.”
And she adds that if she
by herself had wanted to take legal action, it would probably not have
been possible. “There
were no other witnesses, it was just me. It was a hotel room, [people] saw
me walking in
voluntarily, saw me walking out very calmly. I didn’t even walk out [with]
fear. At
that moment I felt I
needed to walk out very calmly. I never mentioned anything the same day to
anybody.”
Apart from the
evidentiary difficulty in proving the crime, the more serious problem for
lawyers is
perhaps inherent in the
profession itself. James said she had never heard of any official
harassment complaints
within the legal profession or against any judges. And while Legally India
understands that sexual
harassment complaints are at times made in law firms, most are handled
very delicately and
quietly, with the firm encouraging informal resolution.
In courts, it is even
worse, speculates James, in that there is usually no one you can realistically
complain to, unlike in a
company or college structure where harassed by a boss or lecturer, for
example, and where she
would have taken formal action in a similar incident. “Of course you can
file a criminal
complaint [against a judge or lawyer] but that’s a whole different level.” And
it is
also likely to impact
your career.
“I know a friend of mine
who was sexually harassed at the Karnataka high court,” says James.
That friend “wasn’t
keeping it a secret” and telling lawyer friends about why she left the job with
that senior, and for two
months afterwards she wasn’t able to find a job at the same court, being
asked about the incident
in interviews after it dripped through the court’s grapevine (she
eventually found a job
after deciding to evade the issue at interviews).
The mindset in such
cases often is, “she created trouble for him, she’ll create trouble for us”,
speculates James.
She says she was also
skeptical about the Supreme Court’s recently started sexual harassment
cell and guidelines improving
matters considerably. “It is often one person’s word against another
person’s word, and a lot
of people tend not to take the word” of a young lawyer against a senior
advocate who’s made his
reputation for 10 to 15 years. “There is a balance of power thing going
on here.”
The only thing that
James has been able to do, other than write the blog, is discuss the incident
with members of her alma
mater, possibly de-listing the judge from the recruitment process so
that others are not
exposed to similar experiences.
While James does feel
that colleges have a responsibility to protect their students, she
acknowledges that it
could be difficult. The judge in question has been closely associated with
her former college for a
while by giving lectures and regularly taking on research assistants, so
whether faculty can take
unequivocal action is not certain.
Nevertheless, James says
that potentially recruitment committees of colleges could make a
difference. “I think at
least – there should be some way, if not publicly then at least privately, kids
who go intern with a
judge should know that this has happened before.”
James says that she was
able to come forward, albeit without disclosing names, because of her
choice to work with an
NGO with a possible view to entering academia at some point in her
career.
“I was a little afraid,”
she admits. “The other friends I’ve spoken about, they are in positions where
these judges play an
important role [at the Supreme Court or teaching in a college and they] are
afraid of jeopardising
their careers. I don’t have such concerns here at Natural Justice - I have a
team that’s incredibly
supportive, and three colleagues were first to read the blog post [before
publication].
“For me, the great thing
is that I’m in an organisation where I know that if I come out in public
about it, we are 25
people, and I’m pretty sure I’ll have the entire team behind me.”
That lawyers elsewhere
are unlikely or unable to protect their own from sexual harassment, is a
problem the
profession will have to deal with sooner rather than later.
Update 12 November: The Chief Justice of
India has decided to institute a three-member
judicial committee to probe the allegation.
JUDGE SENDING OBSCENE SMS
TO WOMEN
Lucknow Taking
cognisance of the allegation against a civil Judge (junior division) of
Budaun court that he
sent obscene SMSes to a woman lecturer, the Registrar General of
Allahabad High Court
today sought a report from the district judge into the matter.
The civil judge of
Gunnor sub-division court of Budaun — Pramod Kumar Gangwar— was
accused of sending
obscene SMSes from his cellphone to a woman lecturer of Classic
College of Law,
Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR
lodged by the victim
while Gangwar’s name surfaced in the primary investigation.
Registrar General Dinesh
Gupta said, “The district judge of Budaun has been asked to
send a detailed report
into the allegations. Appropriate action would be taken on the basis
of the report.”
District Judge Suresh
Kumar Srivastava said, “I have asked the Bareilly district police to
send a report about the
matter. The report on the basis of the police inquiry would be sent
to the Allahabad High
Court Registrar General.”
“I am not aware about
the matter, as the Bareilly police did not intimate me before initiating
the probe against the
civil judge. They should have informed me when they had received
any such complaint,” the
judge added.
Meanwhile, Bareilly CO
II Raj Kumar, who is investigating the case, today recorded the
statement of the victim.
“I have collected the call details of the cellphone used for sending
the SMSes, but I have
yet to get the address of the person who is subscriber of the SIM
card,” he said.
“The probe is on to
verify if the accused in the case were present on the location recorded
in the call details when
the SMSes were sent. The details of the findings of the
investigation would be
sent to the Budaun district court to seek the direction,” the CO
added.
Asked if the
investigation was earlier conducted into the matter, Raj Kumar said, “The SP
(Crime) had initiated
probe into the matter, but I am not aware if the investigation had
reached to any
conclusion.”
The woman lecturer had
lodged an FIR at the Mahila police station on Thursday alleging
she had received obscene
SMSes on her cellphone involving her colleague Vivek Gupta.
The preliminary inquiry
into the case by the police yesterday had found that the mobile
phone used in the crime
belongs to the civil judge.
IB confirms Mysore
Roost Resort 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”.
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.
Ten reasons why criminals
in khaki get away
Siddharth Varadarajan
Behind every man like
S.P.S. Rathore who abuses his authority stand the generals and
footsoldiers who help
and support him. We need to take them all down.
S.P.S. Rathore, the
criminal former top cop of Haryana, may appear alone today but we must
never forget that he was
able to get away with the sexual molestation of a young child and the
illegal harassment of
her family for 19 years because he had hundreds of men who supported
him in his effort to
evade justice.
The fact that these men
– fellow police officers, bureaucrats, politicians, lawyers, judges, school
administrators – were
willing to bend the system to accommodate a man accused of molesting a
minor speaks volumes for
the moral impoverishment of our establishment and country. Decent
societies shun those
involved in sexual offences against children. Even criminals jailed for
`ordinary' crimes like
murder treat those serving time for molesting children as beyond the pale.
But in India, men like
Rathore have their uses for their masters, so the system circles its wagons
and protects them.
The CBI's appeal may
lead to the enhancement of Rathore's sentence and perhaps even the
slapping of abetment to
suicide charges, since his young victim killed herself to put an end to the
criminal intimidation
her family was being subjected to by Rathore and his men. But the systemic
rot which the case has
exposed will not be remedied unless sustained public pressure is put on
Prime Minister Manmohan
Singh and Union Home Minister P. Chidambaram, two men who have
it in their power to
push for simple remedies in the way the Indian law enforcement and justice
delivery system works.
First, abolish the need
for official, i.e. political sanction to prosecute bureaucrats, policemen and
security forces
personnel when they are accused of committing crimes. The original intent
behind
this built-in
stay-out-of-jail card was to protect state functionaries from acts done in the
course of
discharging their duties
in good faith. Somewhere along the line, this has come to mean
protecting our
custodians of law and order when they murder innocent civilians (eg. the
infamous
Panchalthan case in
Kashmir where the trial of army men indicted by the CBI for murdering five
villagers in 2000 still
cannot take place because the Central government will not grant
permission), or assault
or molest women and children. No civilised, democratic society grants
such impunity. It is
disgusting to see former officials and bureaucrats from Haryana saying how
they had wanted Rathore
prosecuted but were prevented from doing so because of pressure.
Such officials should
either be made formally to testify in a criminal case against the politicians
who so pressured them or
they should themselves be hauled up for perverting the course of
justice.
Second, stop talking
about how making the police and army answerable to the law will somehow
demoralise their morale.
Does anybody care about the morale of ordinary citizens any more? Or
the morale of upright
police and army officers, who do not think it is right for their colleagues to
be
able to get away with
criminal acts?
Third, bring an end to
the cosy relationship between the police and politicians. Rathore was
protected by four chief
ministers of Haryana. He served them and they served him by ensuring
his unfettered rise. It
is absurd that the Indian Police is still governed by a colonial-era Act dating
back to 1861. A number
of commissions have made recommendations for reforming the police
over the years; but no
government or political party wants to give up its ability to use and misuse
the police for
their own benefit
Fourth, ensure that
police officers who abuse their authority and engage in mala fide
prosecutions are
dismissed from service and sentenced to jail for a long period of time. Mr.
Chidambaram should use
the considerable resources at his command to find out who were the
policemen involved in
filing 11 bogus cases against the teenaged brother of the young girl
Rathore molested. He
should then make sure criminal proceedings are initiated against all of
them. The message must
go out to every policeman in the country: If you abuse the law at the
behest of a superior,
you will suffer legal consequences.
Fifth, ensure that
criminal charges against law enforcement personnel are fast-tracked as a
matter of routine so
that a powerful defendant is not able to use his position to delay proceedings
the way Rathore did for
years on end. The destruction or disappearance of material evidence in
such cases must be
treated as a grave offence with strict criminal liability imposed on the
individual responsible
for breaking the chain of custody.
Sixth, empower the
National Human Rights Commission with teeth so that police departments
and state governments
cannot brush aside their orders as happened in the Rathore case. This
would also require
appointing to the NHRC women and men who have a proven record of
defending human rights
in their professional life, something that is done today only in the breach.
The attitude of the
Manmohan Singh government to this commission and others like the National
Commission for Women
(NCW) and National Commission for Minorities is shocking. Vacancies
are not filled for
months on end.
Seventh, ensure the
early enactment of pending legislation broadening the ambit of sexual
crimes, including sexual
crimes against children. Between rape, defined as forced penetrative
sex, and the vague,
Victorian-era crime of `outraging the modesty of a woman', the Indian Penal
Code recognises no other
form of sexual violence. As a result, all forms of sexual molestation
and assault short of
rape attract fairly lenient punishment, of the kind Rathore got. In his case,
the
judge did not even hand
down the maximum sentence, citing concerns for the criminal's age.
Sadly, he did not take
into account the age of the victim and neither does the IPC, which fails to
distinguish between
`outraging the modesty' of an adult woman and a young child.
A draft law changing
these provisions and bringing India into line with the rest of the modern
world has been pending with
the NCW and Law Ministry for years. Perhaps the government may
now be shamed into
pushing it through Parliament at the earliest.
Eighth, take steps to
introduce a system of protection of witnesses and complainants. The fate
that the family of
Rathore's young victim had to endure is testament to the fact that people who
seek justice in India do
so at their own peril.
Ninth, ensure that
robust interrogation techniques like narco-analysis, which are routinely used
against other alleged
criminals, are also employed against police officers accused of crimes.
Tenth, the media and the
higher judiciary must also turn the light inward and ask themselves
whether they were also
derelict in their duty. The Rathore case did not attract the kind of constant
media attention it
deserved, nor do other cases involving serving police officers accused of
crimes against women,
workers, peasants and minorities. As for the upper courts, their record is
too patchy to inspire
confidence. It was, after all, the high court which chose to disregard the
CBI's request for
including abetment to suicide charges.
Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of
Haryana, custodians, sexual violence, NHRC
Porbandar judge accused of
dowry harassment
A complaint has been
filed against District and Sessions judge of Porbandar for allegedly
harassing his
daughter-in-law for dowry, police said here on Sunday.
Darshana Dave, a native
of Amreli, has filed a complaint against her husband Kinnar, father-inlaw
and district judge
Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the
police added.
Darshana married Kinnar
two years ago. Her complaint says that she was harassed from the
beginning, and was even
beaten up by the husband and in-laws, who were demanding Rs 10
lakh as dowry.
She has also alleged
that she was thrown out of the house a few months back, and her husband
is now seeking divorce,
the police said.
Amreli Superintendent of
Police H R Muliyana confirmed to have received the complaint against
the judge and others. He
said that action will be taken after verifying the complaint.
This is the second
complaint related to dowry harassment filed against a judge in the state in the
recent past.
Earlier, a woman had
filed a complaint against additional sessions judge of Jetpur after her
daughter and the judge's
wife committed suicide.
Gurgaon judge to also face
dowry harassment charge
Gurgaon's Chief Judicial
Magistrate Ravneet Garg, booked for the murder of his wife, will also
face dowry harassment
charge, police here said Monday.
Police have issued
notices to the CJM's father K.K. Garg and mother Rachna Garg, who have
also been named in the
dowry harassment case.
The CJM's father reached
here Monday morning from Haryana's Panchkula town and contacted
police, who wanted to
question him.
"We had called
CJM's parents...K.K. Garg was questioned by special investigation team
(SIT),"
Gurgaon Police
Commissioner Alok Mittal said.
Mittal said on the basis
of written complaint filed by the parents of the CJM's wife Geetanjali,
penal sections of dowry
harassment and extra-marital affair were included in the FIR lodged
against the CJM
Saturday.
Geetanjali, 24, bore
three bullet wounds - on her chin, chest and stomach - but no bullets were
found in her body that
was recovered here Thursday. The CJM's licensed firearm was found near
the body, police said.
Mittal said two bullets
were seized from the scene of crime and would be sent for ballistic
examination Monday, a
day after ballistic experts examined the crime spot.
"The SIT Sunday
questioned two women relatives of Ravneet Garg for hours at his government
allotted house here in
the Officers Colony," said Mittal.
"We have asked CJM
to produce supporting evidences to prove his statement," he said.
The CJM allegedly said
that his driver and domestic help may throw some light on his wife's
death.
Judge Garg's in-laws
alleged that two cars were provided to the accused on his and his family's
demand. Rs.2 lakh were
also delivered to him at the time of the admission of his daughters in
school in May.
Geetanjali's brother
Pradeep Aggarwal Saturday lodged a first information report against Garg
and his parents,
accusing them of murder.
"Ravneet and
Geetanjali got married in November 2007. Everything was fine for a few years
but
the attitude of Ravneet
and his parents towards Geetanjali started changing after she delivered
two baby girls (now aged
around four and a half and three years)," Aggarwal said in his
complaint.
He demanded a probe by
the Central Bureau of Investigation (CBI) into his sister's murder.
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