SOS e - Clarion Of Dalit

IT IS A FORUM TOWARDS PROTECTING THE CIVIL , HUMAN RIGHTS OF THE OPPRESSED - DALITS , MINORITIES & TRIBALS.The Criminal - Police - Politician - Judge - Criminals Nexus is trying to silence me in many ways. If anything untoward happens to me or to my dependents CHIEF JUSTICE OF INDIA together with jurisdictional police & District Magistrate will be responsible for it. Secure Mail : Naag@torbox3uiot6wchz.onion

Sunday, August 9, 2015

Judges don't play GOD



S.O.S   e - Clarion  Of  Dalit  -  Weekly  Newspaper  On  Web 
Working  For  The  Rights  &  Survival  Of  The Oppressed
Editor: NAGARAJA.M.R… VOL.9 issue.32…… .12/08/2015



                            PIL – Judges please don’t play God

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015


IN THE MATTER OF 


NAGARAJA . M.R 

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus 

Honourable Chief Justice of India & Others 


....Respondents 



PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA. 


To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants. 
We have utmost heartfelt respects to honest few in judiciary , police & public service. We  SALUTE them. Our effort here is  to bring errant judges , police & public servants to book.
Democracy is relatively best form of governance, compared to monarchy , communism , dictatorship. The founding pillar of democracy is  honesty & integrity  of public servants. When criminals become public servants , indulges in corrupt , criminal practices democracy fails. Such corrupt public servants , corrupt judges , corrupt police  are inside enemies , traitors and cause more damage to national security  than terrorists , naxalites or  enemy  armies.  Which court dares to hang such  corrupt judges , corrupt police ?
A.        Terrorism is an inhuman act ,terrorists are inhumans , beasts , don’t deserve humane treatment. Those causing terror , aiding  , abetting  terror don’t deserve humane treatment. One among those terrorists   yakub  memmon  responsible for  Bombay  bomb blast  rightly  deserved death sentence.
B.        Dhananjay chatterjee killed an innocent  little girl. He too rightly deserved death sentence.                                                                                                  

Law Regarding death sentence is right , problem lies in it’s  interpretation & enforcement . some of our  corrupt judges , corrupt police , public servants have biased view. In india , legal system can be manipulated , evidences concocted , witnesses coerced , false confessions taken under third degree torture methods , judgement  / match fixing is done.  Read  full details with actual cases ……   A – Z   of   Manipulation  of  Indian  Legal  System
There is every  possibility of innocent  persons belonging to weaker , vulnerable sections  of society , who cann’t defend themselves  getting irreversible death sentence. Even if a death sentence is proved to be wrong afterwards , judges cann’t bring them back to life. Judges  are NOT Gods. That is why , Judges please don’t play GOD. Please go through  following actual cases fit for death sentences , but with biased view  & under the patronage of powers that be escaped gallows.
2. Question(s) of Law:
Why death sentence  to few , while not for others even though they deserve it ? Why there is a bias in awarding death sentence ?
3. Grounds:
Requests for right , unbiased prosecution , equitable justice for all.
4. Averment:  

A.  What action against dawood Ibrahim & tiger memmon ? what  action against ministers , police , film personalities  who have ties with dawood & attended  parties hosted by dawood  @ gulf ? why no action against them ? why no action against persons storing arms , ammunition for Bombay blasts ? why tada charges were diluted for some influential criminals  ? biased law enforcement.
B. Why not death sentence to those responsible for  burning Sabarmati express train  passengers ? biased law enforcement.
C.        Why not death sentence for those master minds & tools responsible for godhra riots ? why not gujarath  state government appealed to higher court seeking death sentence to  perpetrators of godhra riots ? biased law enforcement.
D.       Why not death sentence to those responsible for  murdering RTI activists , whistle blowers  ? biased law enforcement.
E.        Why not death sentence to those responsible for  murdering whistle blowers satyendra dubey & IOCL Manjunath ? biased law enforcement.
F.        Why not death sentence to those responsible for  Bombay riots prior to  Bombay bomb blasts ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases, in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts. biased law enforcement.
G.       Why not death sentence to those responsible for  sikh massacre in delhi after assassination of PM Indira Gandhi ?  in some cases state government , prosecution even withdrew cases against rioters , filed “B” reports closing the cases , in some cases prosecution failed to properly present witnesses , evidences before court and in some cases failed to appeal to higher courts.. biased law enforcement.
H.       Why not death sentence to both  master minds & tools of late PM Rajiv Gandhi assassination case ? biased law enforcement.
I.         Why not death sentence  to  STF police personnel  who ran a place called “workshop”  in MM Hills , Karnataka. STF Police personnel during operation to nab forest brigand veerappan   applied very cruel, inhuman 3rd degree torture methods on tribals , innocents to extract false confessions at this place called workshop. Some innocents died unable to bear the torture by police. This cruel act was proved before statutorily  constituted human rights commission judge , still no death sentence to STF Police personnel , why ? biased law enforcement.
J.         Why not death sentence to police officials responsible for cold blooded  murders , fake encounters , lock up deaths , third degree torture of innocents ? biased law enforcement. Refer TORTURE CHAMBERS OF INDA…… https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-of-chief-justice-of-india-karnataka-dgp-union-home-secretary ,  https://sites.google.com/site/eclarionofdalit/torture-chambers-of-india
K.        Why not government pay compensation  to civilian victims  of terrorist acts , riots ? why don’t government pay appropriate  respect , recognition , compensation to police , security , military personnel  who lay down their lives in the line of duty guarding our motherland & our brethren ?
L.        Why lenient punishment  to approvers in some cases , but not to yakub memmon ? Yakub memmon helped prosecution in gathering evidences regarding Bombay bomb blast case , still no leniency by court , why ? biased law enforcement.
M.      Why no action against corrupt , criminal judges & police  who doesn’t do their duties , who doesn’t give information under RTI , who doesn’t admit , hear PIL appeals thereby  protecting the crimianls ? biased law enforcement. Read NOTICE  TO  CJI  http://www.scribd.com/doc/273722960/Wake-up-Chief-Justice-of-India  , https://sites.google.com/site/eclarionofdalit/pil---notice-to-cji
N.       Universal Law , Indian law proclaims terrorism , aiding & abetting terrorism a crime. Why does the Indian government agencies aids & abets counter terrorist groups in jammu Kashmir , north east states of india ? why state government & Indian government supports , aids  SALWA JUDUM a counter terrorist , anti naxalite outfit  which  is jointly responsible for terrorism in chattisgarh state ? why tamilnadu state government & Indian government  aided  tamil terrorists  in srilanka ? why Indian government is aiding terror outfits in afghanistan & Pakistan ? why indian government supported terrorists  in east Pakistan , ultimately creating Pakistan ?  all these dastardly , cruel acts of indian government has resulted in bloodshed , still resulting in loss of numerous innocent lives.  Why don’t Indian government mind it’s own business ? india has enough domestic problems to solve , why don’t the government use tax payer’s money to solve domestic problems instead of  interfering  in other’s affairs  resulting in bloodshed ? why NOT Death Sentence to prime minister of india & president of india at those times responsible for authorizing  aid  to terrorists ? biased law enforcement.
O.       Late Mr.Warren Anderson  was  in control  of Bhopal  United Carbide plant , through internal safety checks &  3rd party audits  he was privy to glaring safety lapses on part of union carbide management. Still he chose to keep mum , which resulted in Bhopal gas tragedy killing thousands of innocents , maiming lakhs of human beings & still even new born babies in the locality are contracting ailments. Courtesy Mr.Anderson. Such a butcher Anderson was arrested by local police under man slaughter charges , produced before court. However  ministers , government officials of both state & central governments  without  orders , permission from the court  illegally got him out of jail arranged a special car , special aeroplane  for the culprit to escape from law. Years afterwards , a CJI of supreme court of india   diluted the man slaughter charges against  Mr.Anderson. Why no death sentence to Anderson   responsible for death & sufferings of lakhs of people ? why no deth sentence to chief minister , minister , police , officials who helped Anderson escape from Indian law ? why no death sentence to CJI who diluted charges against Anderson ? biased law enforcement.

In the backdrop of above cases , the fact is our legal system is imperfect , error prone. Therefore , it must become professional , perfect in it’s duty first , to punish all the wrong doers. Till , such a time  death penalty must be kept on hold or abolished. If it cann’t , at the least it can give choice of death to convicts like death by sleeping pill or injection or gun shot , etc instead of medieval hanging.

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions. 


The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 
c . to abolish death penalty or to give choice of death to convicts.
d . To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.


FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.



Dated : 8th August 2015 ………………..FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON 



Why the Death Penalty should be abolished
The risk of executing innocent people exists in any justice system
There have been and always will be cases of executions of innocent people. No matter how developed a justice system is, it will always remain susceptible to human failure. Unlike prison sentences, the death penalty is irreversible and irreparable.

The arbitrary application of the death penalty can never be ruled out
The death penalty is often used in a disproportional manner against the poor, minorities and members of racial, ethnic, political and religious groups.

The death penalty is incompatible with human rights and human dignity
The death penalty violates the right to life which happens to be the most basic of all human rights. It also violates the right not to be subjected to torture and other cruel, inhumane or degrading treatment or punishment. Furthermore, the death penalty undermines human dignity which is inherent to every human being.
 
The death penalty does not deter crime effectively
The death penalty lacks the deterrent effect which is commonly referred to by its advocates. As recently stated by the General Assembly of the United Nations, “there is no conclusive evidence of the deterrent value of the death penalty” (UNGA Resolution 65/206). It is noteworthy that in many retentionist states, the effectiveness of the death penalty in order to prevent crime is being seriously questioned by a continuously increasing number of law enforcement professionals.

Public opinion is not a major stumbling block for abolition
Public support for the death penalty does not necessarily mean that taking away the life of a human being by the state is right. There are undisputed historical precedences where gross human rights violations had had the support of a majority of the people, but which were condemned vigorously later on. It is the job of leading figures and politicians to underline the incompatibility of capital punishment with human rights and human dignity.
It needs to be pointed out that public support for the death penalty is inextricably linked to the desire of the people to be free from crime. However, there exist more effective ways to prevent crime.



Judiciary biased against poor: Justice Saldanha

Only culprits from certain sections of the society are given death sentence in India while the rich and influential are spared the gallows, observed former high court judge Justice M F Saldanha. 

Addressing law students of JSS Law College at an orientation programme here on Monday, he rued that the justice system is biased against socio-economically backward classes. "There have been instances where many rich and popular personalities committed similar crimes but went scot-free," he noted. There are certain loopholes in the legal system. Academicians, legal parishioners and law students must work towards bridging these gaps and bringing about the desired change in the system, he added, calling upon budding lawyers to follow ethics in their professional and personal lives. 

College principal K S Suresh said the country has nearly 4 crore cases pending before the court, due to delay in settling them. Though there are nearly 13,500 courts and two dozen high courts, at this rate, it will take about 100 years to clear the pending cases, he said while stressing on the need to deliver speedy justice. MLA Vishweshwar Hegde Kageri said society has immense faith in the judicial system and called upon the legal fraternity to live up to people's expectations

Yakub Memon, Maya Kodnani and the ‘Chain of Action and Reaction’
BY SIDDHARTH VARADARAJAN

The media tells us we should now have a sense of “closure” but in the wake of Yakub Memon’s execution, I, like many others, have been trying to understand the logic of why some criminals get hanged in India while others guilty of similar crimes don’t.
On the day Memon’s writ petition against his death warrant was  dismissed by the Supreme Court, another bench decided that the assassins of former prime minister Rajiv Gandhi would not have to hang after all. The court, which had earlier commuted their sentence, rejected the government’s belated and somewhat half-hearted curative petition demanding that they be put to death.
By a curious coincidence, the Gujarat High Court has also just started hearing appeals in the Naroda Patiya case stemming from the Ahmedabad killings of March 2002. The trial court had convicted several persons connected with the sangh parivar for the cold-blooded massacre of nearly 100 Muslims. Among those sentenced was Maya Kodnani. She had been a minister in the state cabinet of Narendra Modi at the time she was arrested by the Supreme Court-appointed Special Investigation Team. Found guilty of leading the murderous mobs, Kodnani was sentenced to 28 years rigorous imprisonment and not death. The Gujarat government has taken the view that there is no need to seek the death penalty as there is (according to it) only indirect evidence linking her to the murders.
As a critic of the death penalty, I am as opposed to hanging Kodnani as I was to the execution of Memon (against whom, ironically, evidence showing his involvement in the heinous Bombay bombings was also only “indirect”). But I am curious about the social, judicial and, above all, political hierarchy of crimes that clearly exists in India and which determines both the course of prosecution and the nature of punishment that follows.
That there is such a hierarchy was obliquely confirmed by the Home Minister in Parliament the other day. During the debate on the Gurdaspur terrorist incident, Rajnath Singh attacked the Congress party for coining the term ‘Hindu terror’, and said this had served to distract the attention of the country away from actual terrorism, which, by his logic, is presumably non-Hindu.
The fact that the minister said this in the wake of Gurdaspur, where the terrorists had clearly crossed over from Pakistan, and barely a day after Memon was hanged, gave his argument a certain currency. Neither Memon nor the others held responsible for planning and executing the conspiracy were Hindu. The Shiv Sena-BJP government which came to power in Maharashtra after Justice B. Srikrishna had begun probing the December 1992-1993 Bombay riots first tried to disband his commission and then expanded its terms of reference to include the March 1993 blasts. What the commission established was that the bombs planted were a product of the riots which preceded them. They were, in other words, part of a ‘kriya pratikriya ki chain’, or ‘chain of action and reaction’ – to invoke the peculiar phrase Narendra Modi would use nine years later to link the mass killing of Muslims that was taking place across Gujarat to the burning of Hindu passengers at Godhra. “What I want is that there should be no action and no reaction,” Modi had added even as his state was burning, a curious wish list for a Chief Minister who could not undo the past but who definitely had the power to at least control the present.
As the Bombay riots and blasts – and Godhra fire and Ahmedabad inferno – show, Hindu terror and Muslim terror are twins and both are equally evil. There is, even in the Newtonian moral universe of ‘action and reaction’, a culpability that neither Memon nor Kodnani can evade. Yet one pays with his life while the other doesn’t. Both freely acted out their role in the ‘kriya-pratikriya ki chain’ but the same state that fought to take one life will now fight to save the other. Just as it fought to ensure the terrorists who led the mobs in Bombay in 1992-93 and Delhi in 1984 were never called to render account.
Memon’s execution, we are told, will help deter others from committing similar crimes but the effectiveness of this “deterrence” rests surely on what crimes are to be considered “similar”.
Shocked by the devastation of Hiroshima, whose 70th anniversary falls this week, Judge Radhabinod Pal of the Tokyo Tribunal trying Japanese war criminals believed there was no possibility of justice if those responsible for the deliberate murder of civilians by atomic weapons were also not put in the dock. His was not an argument about moral equivalence but of the deterrent value of justice. Future war crimes could be prevented only if the Tribunal was willing to treat the dropping of nuclear bombs or the firebombing of entire cities on par with the atrocities that the Japanese militarists were rightly accused of committing.
Pal was overruled by the other Allied judges but this tension between victor’s justice and the rights of all victims to justice would later be resolved – at Geneva, the Hague and Rome – with the adoption of the Geneva Conventions (after World War II), the International Court of Justice advisory opinion on the illegality of nuclear weapons (in 1996), and the establishment of the International Criminal Court (in 1998).
In India, sadly, we are not even prepared to recognise the gravity of the crime of communal violence and treat it on par with terrorism, let alone adopt legal remedies to deal with it. It is our national failure to come up with a deterrent to mass violence that allowed the 1984 massacre of Sikhs to take place, followed by Hashimpura, the Babri Masjid, Bombay and then Gujarat. If the government wants to end this chain, it must turn justice from being a product of faith – in which minority victims don’t count – into an article of faith for India and its state institutions.


SC moots curtailing govt’s remission power in ‘rarest of rare’ cases

The Supreme Court on Thursday proposed curtailing the central and state governments' powers under Criminal Procedure Code to remit sentences of life convicts in 'rarest of rare' category of cases and bring it under the scanner of the judiciary. 

"We owe something to society. We cannot ignore the interest of society. We care for it. We have to keep in mind society's cry for justice in 'rarest of rare' category of cases. We are also alive to the convicts' right to remission of sentence. This has to be balanced with society's cry for justice," a bench of Chief Justice H L Dattu and Justices F M I Kalifulla, P C Ghose, A M Sapre and U U Lalit said. 

Before proposing the curtailment, the bench said it would be applicable only to 'rarest of rare' category of cases in which the convicts were serving life sentence after death penalties awarded to them by the trial court had been commuted to life imprisonment by higher courts or constitutional authorities. 

The bench said that keeping past experience in mind, the SC could specify that in such cases, if the Centre or a state government decided to remit the sentence of a lifer and release him from prison, then it would have to mandatorily seek the view of the judge of the trial court which had imposed the death penalty. 

"If the opinion of the trial court is accepted by the state government, it is well and good. If the state government decides to go ahead with its decision to remit the sentence despite the trial court's opinion to the contrary, then the matter must get referred to the Supreme Court which will adjudicate the desirability of releasing such convicts," the bench said. 

Appearing for Tamil Nadu government, senior advocate Rakesh Dwivedi protested, saying the judiciary could not encroach into the exclusive remission domain of the executive. "The remission power given to executive governments under the Criminal Procedure Code can be curtailed only through legislation and not by the orders of the court passed under Article 142 of the Constitution," he said. 

The bench said in such 'rarest of rare' category of cases, it was proposing to erase the 'suo motu' power of governments to grant remission of sentence, as was the case in Rajiv Gandhi assassination case. "Past experience shows that state governments have been releasing convicts en masse on the birthdays of political leaders," the court said. 

It also clarified that it was not curtailing the right of convicts to seek remission of sentence from the President or the governor under Articles 72 and 161 of the Constitution respectively. "This will answer the query from states whether the Supreme Court can impose sentences exceeding 14 years with a caveat that there would be no remission till the convict serves out the specified period of sentence," the bench said. 

Dwivedi said, "It is one thing to be alive to society's cry for justice but it should not result in anger-driven award of punishment that goes beyond the penal parameters specified in the statute books." 

He said there was a judge in the Supreme Court who wanted all "corrupt to be hung from lamp posts". Justice Kalifulla said it was not an order but a casual observation made by the judge in court where he had said "corrupt should be hung from the nearest lamp post". Though no one mentioned the name of the judge, it was ex-judge Markandey Katju who had made the remark. 

Justice Katju had on March 7, 2007 said, "Everyone wants to loot this country. The only deterrent is to hang a few corrupt persons from the lamp post." He was part of a bench hearing a bail petition filed by fodder scam accused Braj Bhushan Prasad, who was convicted by the trial court.

Death penalty files ‘lost, eaten by termites’

Records of death penalty convicts who have been executed since independence have gone missing from many prisons with the National Law University (NLU), conducting a first of its kind study, able to confirm data related to 755 executions since 1947.

"Some prison authorities have written to us that either the records have been lost or destroyed by termites," NLU director Anup Surendranath told TOI, who is heading the death penalty research project. The NLU is compiling data on all prisoners who have been executed since independence with the help of the central government.

The missing files are not only a serious lapse on part of prison authorities but has also hampered an ongoing attempt to study all death row convicts to ascertain the fairness of the capital punishment jurisprudence, particularly those who have been executed in independent India.

The casual attitude towards death row convicts is reflected in the loss of mercy pleas of Krishna Mochi and three others in the Krishna Mochi & Ors vs. Bihar case of 2001. Convicted by the TADA court, mercy pleas of the four have been lost by the Union home ministry. Their pleas were sent to the President in 2003, and a recent RTI response to Suhas Chakma of Asian Centre for Human Rights has revealed that the home ministry has no records available. "These papers have evidently been lost," Chakma said.
Loss of data on executed prisoners reflects poorly on the record-keeping of the government and the judicial system. Incidentally, the 35th report of the law commission had confirmed execution of at least 1,410 death row prisoners in a span of 10 years—between 1953 and 1963.

Data by the National Crime Records Bureau is also not without gaps. For example the NCRB claims that as many as 2,052 individuals were awarded capital punishment by courts between 1998 and 2013. And the NCRB also says between 2001 and 2013 the number of those whose death sentences were commuted was double: 4,497 persons.

CHRI's Venkatesh Nayak says that this is where the NCRB data becomes "questionable". "The discrepancies probably crept in when jail authorities counted all commutations even those of shortened prison time," he said.

"Information on executions are sourced from various prisons and courts across the country which do not reveal either the religious or caste backgrounds of the convicts who have been executed," Surendranath points out. The NLU report on death penalty is scheduled for release in mid-August where a detailed analysis of socio-economic profile, legal representation and duration on death row would be made public.

The NLU has conducted interviews of 373 surviving death penalty convicts and has drawn their socio-economic profile. The analysis of these surviving prisoners shows that an overwhelming majority of them are from backward class, religious minorities and economically vulnerable classes. In the category of terror offences, 94% prisoners sentenced to death are Dalits and religious minorities.

"We have been unable to find an exhaustive list of prisoners executed in India. However, as per a report of the Law Commission (1967), the total number of cases in which the sentence of death was executed from 1953 to 1963 was 1,410," Surendranath said.


Editorial : O, JIHADIS, FREEDOM FIGHTERS, TERRORISTS & NAXALITES INTROSPECT YOURSELF & CORRUPT INDIAN PUBLIC SERVANTS MEND YOUR WAYS
In India, every human soul is weeping after witnessing massive loss of human lives In earth quake , heavy rains & floods. Add to this various natural tragedies. When your fellow countrymen are suffering, in Kashmir militants butchered innocents, in delhi , Mumbai also they murdered innocents through serial bomb blasts.  Recently in maharashtra they made bomb blasts. Kashmiri militants claim they are fighting for kashmiris, when the very same kashmiris were suffering from losses due to earthquake why didn't the so-called jihadis didn't make any relief efforts? Why didn't their foreign master – Pakistan didn't make any relief efforts? Within the pak occupied Kashmir ( pok) itself, Pakistan didn't make appropriate relief efforts. It is government of India & international community who provided proper & timely relief. The foreign powers are not at all interested in your well being. They are ready to spend millions of dollars for aiding terrorism, but not ready to spend a few hundreds for your education , health care or self employment schemes through NGOs. The fact is that they don't want your well being, they don't want you to prosper, live peacefully. The ultimate objective of these foreign powers is to take you on the path of self destruction, destruction of your motherland & to finally usurp the power, to subjugate you into slavery in turn looting the resources of your country.

Ofcourse, in India there is rampant corruption. Still democracy is live & kicking in India, it is the best form of governance. You have got real examples of countries in Africa, latin America, wherein the countries have secured independence through separatist / terrorist movements. The terrorist leaders themselves have become prime minister / president of newly independent countries. Now, they are more corrupt & barbaric than their predecessors . even after getting independence, the lives of commonfolk has become bad to worse. By independence , only leaders have benefited. Will you lead another struggle ? this is endless, as the selfishness , greed of leaders knows no bounds.In the past, government of India aided tamil separatists, Pakistan terrorists, Bangladeshi separatists , etc, butchering innocents. The government of U.S.A aided terrorists in Africa, afghanisthan, latin America , murdering innocents. Various countries have aided terrorism while preaching peace. These barbaric acts were motivated by selfish, corrupt, ego-centric leaders.

Now, in the bomeerang effects of their actions, innocents are dying in bomb blasts, etc. Violence breeds violence. Peace & compassion results in all round harmony, prosperity. Every human being must struggle against injustices in a peaceful & legal manner. The struggle must be against the corrupt system, for that peaceful struggle democracy is the best forum. Don't be pawns in the hands of foreign powers, politicians. They are not at all interested in your welfare, well being. At the end, it is the leaders who become ministers & amass wealth through corruption. The common folk like you will remain as fiddlings, minions forever.

Just imagine yourselves in the place of victims of delhi serial bomb blasts ( 29/10/2005) or Mumbai blasts of 26/11/08 . just imagine the plight of little child MOSHE who has lost both his parents , imagine Your mother & wife are crying, your children are dead , your father's hands & limbs are ripped apart in the blast. How does it feel to be one ? no religion, no god asks it's followers to cause destruction. All religions, gods are full of eternal love & compassion. Let that god shine his light, upon you all on the violent path.

Whether it is in india or else where , democratic system is best form of governance. The people in those countries suffer due to corrupt public servants . in all such cases , the legal , non violent fight must be against the corrupt people , corrupt police , corrupt judges , corrupt public servants but not against the system itself.

The communism has failed in communist countries as the communist party leaders themselves became corrupt , amassed wealth , tortured people & went against the basic tenents of communist ideology. Naxalites are hoping for this failed communism . The path adopted by naxalites violence , looting is wrong , illegal & harming commoners . Some of the naxalite leaders have amassed wealth from those looted resources & going against the ideology they profess.

Which ever form of governance you take ultimately , the deliverance depends on the honesty , integrity of leaders. We Indians don't have to learn anything from the Imported Communist Ideology. The spirit of sharing one's wealth , food , knowledge with those needy has been well emphasized by our scriptures centuries back itself. The sharing has been given a holy recognition by the name of DHANA or donation . Even our vachanas spoke about donation. Many Indians are silently doing it since centuries. With respect to dignity of labour , our holy scriptures has given sacred place to honest labour , however the religious middlemen distorted it & converted it into castes which is wrong. Now , since independence our government is ably undoing those past wrongs. Let us build ram rajya of mahatma's dream through non violent means within the existing democratic framework .  Jai Hind. Vande Mataram .
Your’s ,
Nagaraja.M.R.

Editorial :  PIL -  DEATH PENALTY RIGHT OR WRONG ?  ABLOLISH DEATH PENALTY

-        AN APPEAL TO H.E.Honourable PRESIDENT OF INDIA  &  HONOURABLE SUPREME COURT  OF INDIA  

WHY DO WE KILL PEOPLE WHO KILL PEOPLE TO TELL PEOPLE THAT KILLING  PEOPLE IS BAD ???
 Just consider the following facts persons convicted in rarest of  rare cases that of Assassinating a former prime minister of india  are commuted to life sentence & within hours  released by state government of  Tamil Nadu. Where as some convicts convicted in heinous crimes but not heinous or rarest of rare  like PM Rajiv Gandhi assassination were  hanged without alternatives like commuting  their sentances to life term.

Poor , tribal people in chattisgarh , Andhra Pradesh , Jharkhand & other states infested with terrorism / naxalism  (even without any material incriminating evidences) are charged with charges like giving food , cloth & medical aid to terrorists / naxalites,  therby  waging war against the nation . Those poor tribals rae put behind bars and tried under draconian laws like TADA , POTA , MOCA , etc. Where as movie star Sanjay Dutt who knowing fully well the intentions kept deadly arms in his house . Arms were given to him by master minds of Mumbai attacks. Initially he was booked under TADA , then TADA charges were dropped and awarded a lesser prison term than actually deserved. Further , he is getting paroles week after  week which other ordinary prisoners are unable to get even once.

Consider the case of Bhopal Gas Tragedy , the company & top most officials were well aware of safety procedural lapses in the Bhopal plant , still continued the operations. When the accident happened slaughtering thousands & maiming lakhs of people , the government first charged the  head of the company with charges of man slaughter. Afterwards , he was arrested but stealthily facilitated to escape to his home country literally flown out by the police , chief minister of the government. Subsequently chief Justice of India dropped man slaughter charges against him & filed lenient charges against him making the way for lenient punishment in future (JUDGEMENT FIXING).  CJI benefitted from it ? Paradoxically after retirement , CJI became  head of the trust controlling crores of rupees  monitoring the rehabilitation of Bhopal gas victims.

In this context it is quite pertinent to note that In India with money power , right political connections any crime can be done & be scot free . In India Legal system is for Sale , Judicial orders can be manipulated. The convict in a case may be an innocent  without recourse to right connections  & legal aid. So , one cann’t be 100% sure whether the death convict has actually committed the crime.

A criminal is not born, but made by social circumstances. For the crime
scenario in India , every citizen of India is indirectly responsible.
Our present inefficient, corrupt legal system , is wholly dependent on
evidences which a rich criminal can create or destroy at his sweet
will. Police forcibly take confessions from the accussed , by applying
3rd degree torture methods. Some of the judges are literally auctioning
" judicial orders" for bribe. Due to all these reasons one cann't be
100% sure about one criminal's conviction. In such cases, capital
punishment will be unfair & inhuman. It must be made mandatory, in all
death penalty cases that polygraph, lie detector tests, etc must be
conducted on " death convicts " , to know whether they are innocent or
guilty inspite of hostile evidences. Fundamentally, the capital
punishment has failed
as a deterrent.
The people who clamour for continuance of death penalty are BIASED,
INHUMAN, BUTCHERS & CANIBALS. Why don't they ask for death penalty to
policemen, who murder people through 3rd degree  torture, in lock-ups &
fake encounters ? why don't they ask for death penalty to corrupt
judges who sells judicial orders for bribe ? why don't they ask for
death penalty to builders who cause building collapses, resulting in
mass murders ? why don't they ask for death
penalty to corrupt government doctors who refuses to treat poor patient
without bribe, causing the murder of poor patient ? why don't they ask
for death penalty to industrialist/ traders who sell adulterated food
items, spurious drugs/ medicines, in turn causing mass murders ? why
don't they ask for death penalty to corrupt government officials , who
help criminals, industrialists? Why don't they ask for death penalty to
politicians who create communal & other riots, who have ties with
foreign intelligence agencies, terrorist outfits ? Why don't they ask
for death penalty to mole in the P.M.O & the senior officers of
National Security Council who passed on national secrets ? Why don't
they ask for death penalty to public servants , ministers who gave aid
, support to terrorist outfits like L.T.T.E out of government of india
coffers , killing hundreds of srilankans , tamils ?
These are the guilty persons , criminals  who don't personally ,
directly murder human beings but cunningly murder hundreds which go
unnoticed by any. For the person who barbarically murders one human
being you prescribe CAPITAL PUNISHMENT but for those who murder
hundreds you say nothing why ? THEY WON'T ASK FOR IT, BECAUSE MOST OF
THE PERSONS WHO ARE DEMANDING DEATH PENALTY ARE BIASED, SELFISH &
BELONG TO ONE OF THE SECTIONS OF CRIMINALS MENTIONED ABOVE. They lack
objectivity.
Death penalty is the ultimate . cruel , inhuman and degrading
punishment. It violates the right to life Article 1 of universal
declaration of human rights. It is irrevocable , prone to judicial
errors and can be inflicted on innocents. It has never been shown to
deter crime more effectively than other punishments. In most of the
countries including india , judicial system is ineffective ,
inefficient to prosecute impartially both poor & rich criminals. Those
condemned to death penalty mostly come from poor background who are
unable to afford wise & articulate Advocates who can efficiently argue
their case. Against these poor accussed , the criminal nexus of
police-criminal-bureaucrat builds up fake evidences , extracts forced
confessions by 3rd degree torture. Most of death convicts world over
belongs to either poor , TRIBALS , DALITS , etnic minorities ,
political dissidents , children , mentally ill. No rich & mighty
criminal is ever prosecuted let alone hanged.
The judicial system which depends on technical facts like evidences
lacks sense to figure out truth out of fake evidences , also as judges
are human beings they are prone to err. Add to this corruption in
judiciary. Death penalty is irreversible & irrevocable. In a mature
democracy like U.S.A with relatively efficient judicial system itself
hundreds of cases of death convicts were found to be wrong , convicts
were found to be innocents upon review & were let free. Where as in
india , the accussed lacks the wherewithal to argue his case in the
first place then how can he arrange for case review ? no judge is god ,
if a hanged person is found to be innocent the judge doesn't has the
ability to bring back the hanged person to life , do such judges have
right to snatch away lives ?
Hereby HUMAN RIGHTS WATCH'S Urges H.E . PRESIDENT OF INDIA  & HONOURABLE SUPREME COURT OF INDIA ,
1.        to stay all death penalties until equitable criminal justice system
with respect to above mentioned rich & mighty criminals is put into
force .

2.        until death penalty is abolished, to make poly graph, lie detector
tests mandatory for all death convicts in a free & fair manner by a
neutral authority , to ascertain whether the convict is really guilty
or innocent of the alleged crime .
3.        until death penalty is abolished , to give a peaceful choice of
death to the death convicts like sleeping pill, injection, gun shot,
etc instead of medieval & barbaric " death by hanging".
4.     finally, to abolish death penalty from statuette books.
JAI HIND. VANDE MATARAM.
Your's sincerely,
Nagaraja.M.R.

edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA     
  cell : 91 9341820313 ,  91 8970318202        
 home page:   
  http://sites.google.com/site/eclarionofdalit/Home ,
http://groups.google.co.in/group/e-clarion-of-dalit  ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,    http://paper.li/f-1367938674      ,      
Follow me at
http://www.facebook.com/people/Nagaraj-Mysore-Raghupathi/513253184 ,
http://www.amnesty.org/en/user/naghrw ,
http://twitter.com/naghrw  ,
Contact  :  naghrw@yahoo.com  , nagarajhrw@hotmail.com ,
http://www.amnesty.org/en/user/naghrw  
A   Member  of  Amnesty  International  

posted by DALIT online @ 9:29 AM