- Clarion Of Dalit - Weekly Newspaper On
Working For The Rights
& Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.9
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
# LIG 2 , No 761 ,, HUDCO First Stage ,
Hebbal , Mysore – 570017 , Karnataka State
Honourable Chief Justice of India &
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
Hon'ble The Chief Justice of India and His
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 ?
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.
Dhananjay chatterjee killed an innocent little girl. He too rightly deserved death
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.
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 ?
Requests for right , unbiased prosecution ,
equitable justice for all.
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
B. Why not death sentence to
those responsible for burning Sabarmati
express train passengers ? biased law
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.
Why not death sentence to those responsible
for murdering whistle blowers satyendra
dubey & IOCL Manjunath ? biased law enforcement.
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
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
H. Why not
death sentence to both master minds
& tools of late PM Rajiv Gandhi assassination case ? biased law
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.
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 ?
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
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.
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.
, 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
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.
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
. to abolish death penalty or to give choice of death to convicts.
. 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
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
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
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
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
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
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’
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
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
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
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
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
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
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
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
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 .
: PIL - DEATH PENALTY
RIGHT OR WRONG ? ABLOLISH DEATH PENALTY
- AN APPEAL TO H.E.Honourable
PRESIDENT OF INDIA & HONOURABLE SUPREME COURT OF INDIA
WE KILL PEOPLE WHO KILL PEOPLE TO TELL PEOPLE THAT KILLING PEOPLE IS BAD
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.
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.
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.
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.
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
guilty inspite of hostile evidences. Fundamentally, the capital
punishment has failed
as a deterrent.
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 ?
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
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.
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 ?
HUMAN RIGHTS WATCH'S Urges H.E . PRESIDENT OF INDIA & HONOURABLE SUPREME
COURT OF INDIA ,
stay all death penalties until equitable criminal justice system
with respect to above mentioned rich & mighty criminals is put into
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 .
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".
finally, to abolish death penalty from statuette books.
edited , printed , published & owned by NAGARAJA.M.R. @ :
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,HEBBAL ,MYSORE -570017 INDIA
cell : 91 9341820313 , 91 8970318202
A Member of Amnesty International