PIL - Cauvery Injustice
S.O.S e
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Web
Working For The Rights
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Editor: NAGARAJA.M.R… VOL.10
issue.37…… .21 / 09 / 2016
Editorial : PIL - Injustice to Karnataka People - MAHADAYI & CAUVERY water for drinking
Supreme Court of India violating Fundamental Rights
Drinking
water is
a
basic need , essential for human beings , cattles , live stock to
survive. Following two PILs seeking drinking water from
Cauvery River & Mahadayi River is an effort by public , our publication , a
struggle for life, survival. Right to
Life is a Human Right must be respected by all law making bodies and even
supreme court of india. SCI itself is
grossly violating citizen’s fundamental rights , human rights instead of safe guarding it. Who will
prosecute SCI judges ? God save my India.
Jai Hind. Vande Mataram.
Your’s sincerely,
Nagaraja.M.R.
PIL – Store
DRINKING WATER in Cauvery KRS reservoir
An
Appeal to Honourable Supreme Court of India & National Human Rights
Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
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
a. Honourable Cabinet Secretary , Government of India
CRIMINAL WRIT PETITION NO. OF 2016
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
a. Honourable Cabinet Secretary , Government of India
b. Honourable Chief Secretary , Government of
Karnataka
c. Honourable Chief Secretary , Government of
Tamilnadu
d. Justice Deepak Mishra , SCI
e. Justice U.U Lalit , SCI and 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.
....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 :
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Every human being needs drinking water to survive
and every Human Being has got Human Right to Live by virtue
of his birth itself. Without access to drinking water human
beings cann’t survive , they will die. Therefore Human
Right to Drinking water forms integral part of
Human Right to Live. United Nations has also affirmed Human
Right to Safe Drinking Water to every human
being.
The said agreement
regarding sharing of Cauvery
water by
british presidency with Rulers of
Mysore Kingdom decades ago is biased in
favor of state of tamil nadu.
Even decades
after independence of india , why should we
stick to british era agreement instead of drawing our own mutual
agreement based on present needs.
When a judge
presiding in a case even if
remotely associated with any of the parties must withdraw from the case paving
the way for a neutral judge. This is to prove
to the public that justice is not
merely delivered but publicly
shown to be delivered.
Judges are not subject experts in irrigation ,
engineering , rain calculation , etc.
without taking the expert opinion , conducting ground assessment judges have recently made orders to release Cauvery river water to
tamilnadu state.
While
sharing a river water TOP PRIORITY
must be DRINKING WATER for all
parties concerned. Second comes irrigation. Here too it must be on equal footing first round of water for all parties for
first crop , after completion of first round second round must commence for all parties.
However here one party is given water for two crops
other is denied water even for TOP PRIRITY DRINKING let alone for crop
irrigation. It is unjust.
Lot of confusion is being created by contradictory
statements made out by contesting parties , governments regarding
the water stored in their reservoirs. Till date why not SCI has deputed an
impartial expert tem to assess the
actual stored water in reservoirs , their actual needs , rain fall
expected , their contingency plans in case of rain fall failure , etc. To make
expert’s report public so that public in all the states will know the truth , law & order , peace will
prevail.
2. Question(s) of Law:
Is
not denial of Drinking water from Cauvery river to people
in Karnataka , a crime by supreme court judges Justice Deepak Mishra , Justice U.U . Lalit ,
government of india , government
of Tamilnadu & government of
Karnataka ?
Supreme
court definitely has jurisdiction to safeguard human rights of people , to
ensure drinking water to all parties but
Does the supreme court has jurisdiction
to order
parties to release water for irrigation , etc ?
3. Grounds:
Requests for equitable justice. Protection of Human Rights of Karnataka People , specifically protection of their human rights to life & drinking water.
4. Averment:
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.
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:
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 Union Cabinet Secretary , Government of India , chief secretaries of all state governments , the concerned public servants in the present case , to perform their duties.
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 order government of Karnataka to ensure supply of drinking water from Cauvery River to people living in Karnataka and thereby protect their human rights. .
c. to order government of Karnataka to ensure supply of drinking water from Cauvery River to people living in Karnataka and thereby protect their human rights. .
d. to order Government of India and
other riparian states to ensure drinking water to
all people.
e.
to annul the present biased Cauvery
river sharing agreement between Karnataka , tamilnadu state and to
constitute expert committee
to arrive at a scientific formula
to ensure drinking water to all parties
concerned. To make that expert’s report public.
f.
As SCI doesn’t have jurisdiction to interfere
in river sharing , to order government of india to arrange a conciliatory meeting between the
parties.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 13th September 2016 …………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
PIL – Release
DRINKING WATER from Mahadayi River
An
Appeal to Honourable Supreme Court of India & National Human Rights
Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
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 Cabinet Secretary , Government 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.
CRIMINAL WRIT PETITION NO. OF 2016
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 Cabinet Secretary , Government 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 :
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Every human being needs drinking water to survive
and every Human Being has got Human Right to Live by virtue
of his birth itself. Without access to drinking water human
beings cann’t survive , they will die. Therefore Human
Right to Drinking water forms integral part of
Human Right to Live. United Nations has also affirmed Human
Right to Safe Drinking Water to every human
being.
2. Question(s) of Law:
Is
not denial of Drinking water from Mahadayi / Mandovi
River to people in northern Karnataka , a crime
by government of india & government of Karnataka ?
Is
not police brutality against people demanding drinking water and
police brutality against women , aged persons , children , pregnant
women in Navalgund , Yamanoor of Karnataka a crime by
Karnataka police ?
3. Grounds:
Requests for equitable justice. Protection of Human Rights of Karnataka People , specifically protection of their human rights to life & drinking water.
4. Averment:
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.
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:
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 Union Cabinet Secretary , Government of India , chief secretaries of all state governments , the concerned public servants in the present case , to perform their duties.
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 order government of Karnataka to ensure supply of drinking water from Mahadayi / Mandovi River to people living in northern Karnataka .
c. to order government of Karnataka to ensure supply of drinking water from Mahadayi / Mandovi River to people living in northern Karnataka .
d. to order Government of India and
other riparian states to ensure drinking water to
all people.
e. to order government of Karnataka , to
initiate legal prosecution of Karnataka police personnel who
committed excesses on women folk , children , aged persons in
navalgund , yamanoor of Karnataka state during protest
demanding water from mahadayi river.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 03rd August 2016 …………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
The human right to
water and sanitation
On 28 July 2010, through Resolution 64/292,
the United Nations General Assembly explicitly recognized the human right to
water and sanitation and acknowledged that clean drinking water and sanitation
are essential to the realisation of all human rights. The Resolution calls upon
States and international organisations to provide financial resources, help
capacity-building and technology transfer to help countries, in particular
developing countries, to provide safe, clean, accessible and affordable drinking
water and sanitation for all.
In November 2002, the Committee on Economic, Social
and Cultural Rights adopted General Comment
No. 15 on the right to water. Article I.1 states that
"The human right to water is indispensable for leading a life in human
dignity. It is a prerequisite for the realization of other human rights".
Comment No. 15 also defined the right to water as the right of everyone to
sufficient, safe, acceptable and physically accessible and affordable water for
personal and domestic uses.
Sources:
Resolution A/RES/64/292. United
Nations General Assembly, July 2010
General Comment No. 15. The right
to water. UN Committee on Economic, Social and Cultural Rights, November 2002
The human right to
water and the MDGs
Formarly acknowledging water as a human right, and
expressing the willingness to give content and effect to this right, may be a
way of encouraging the international community and governments to enhance their
efforts to satisfy basic human needs and to meet the Millennium Development
Goals.
Source: Water as a
Human Right? IUCN, UNDP, 2004
What is...?
Sufficient. The water supply
for each person must be sufficient and continuous for personal and domestic
uses. These uses ordinarily include drinking, personal sanitation, washing of
clothes, food preparation, personal and household hygiene. According to the
World Health Organization (WHO), between 50 and 100 litres of
water per person per day are needed to ensure that most basic needs are met and
few health concerns arise.
Safe. The water required for
each personal or domestic use must be safe, therefore free from
micro-organisms, chemical substances and radiological hazards that constitute a
threat to a person's health. Measures of drinking-water safety are usually
defined by national and/or local standards for drinking-water quality. The World
Health Organization (WHO) Guidelines for drinking-water quality provide
a basis for the development of national standards that, if properly
implemented, will ensure the safety of drinking-water.
Acceptable. Water should be of
an acceptable colour, odour and taste for each personal or domestic use. [...]
All water facilities and services must be culturally appropriate
and sensitive to gender, lifecycle and privacy requirements.
Physically accessible. Everyone
has the right to a water and sanitation service that is physically accessible
within, or in the immediate vicinity of the household, educational institution,
workplace or health institution. According to WHO, the water source has to be
within 1,000 metres of the home and collection time should not
exceed 30 minutes.
Affordable.
Water, and water facilities and services, must be affordable for all. The
United Nations Development Programme (UNDP) suggests that water costs should
not exceed 3 per cent of household income.
UN initiatives that
are helping to raise the issue...
Human Rights Council Resolution A/HRC/RES/18/1
On 28 September 2011, the UN Human Rights Council passed a new resolution which takes the human right to safe drinking water and sanitation a step further. The Council welcomed the submission of the compilation of good practices on the right to safe drinking water and sanitation, in which the Special Rapporteur put particular emphasis on practical solutions with regard to the implementation of the human right to safe drinking water and sanitation. The resolution calls on States to ensure enough financing for sustainable delivery of water and sanitation services.
On 28 September 2011, the UN Human Rights Council passed a new resolution which takes the human right to safe drinking water and sanitation a step further. The Council welcomed the submission of the compilation of good practices on the right to safe drinking water and sanitation, in which the Special Rapporteur put particular emphasis on practical solutions with regard to the implementation of the human right to safe drinking water and sanitation. The resolution calls on States to ensure enough financing for sustainable delivery of water and sanitation services.
World
Health Assembly Resolution 64/24 [ - 24 KB]
In May 2011, the World Health Organization (WHO), through Resolution 64/24, made a call to Member States "to ensure that national health strategies contribute to the realization of water- and sanitation-related Millennium Development Goals while coming in support to the progressive realization of the human right to water and sanitation" and to WHO's Director General to "to strengthen WHO's collaboration with all relevant UN-Water members and partners, as well as other relevant organizations promoting access to safe drinking-water, sanitation and hygiene services, so as to set an example of effective intersectoral action in the context of WHO's involvement in the United Nations Delivering as One initiative, and WHO's cooperation with the United Nations Special Rapporteur on the human right to safe drinking water and sanitation with a view to improving the realization of the human right to water and Sanitation".
In May 2011, the World Health Organization (WHO), through Resolution 64/24, made a call to Member States "to ensure that national health strategies contribute to the realization of water- and sanitation-related Millennium Development Goals while coming in support to the progressive realization of the human right to water and sanitation" and to WHO's Director General to "to strengthen WHO's collaboration with all relevant UN-Water members and partners, as well as other relevant organizations promoting access to safe drinking-water, sanitation and hygiene services, so as to set an example of effective intersectoral action in the context of WHO's involvement in the United Nations Delivering as One initiative, and WHO's cooperation with the United Nations Special Rapporteur on the human right to safe drinking water and sanitation with a view to improving the realization of the human right to water and Sanitation".
Appointment
of an independent expert [ - 32 KB]
In March 2008, through resolution 7/22, the Human Rights Council decided "To appoint, for a period of three years, an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation". In April 2011, through resolution 16/2, the Human Rights Council decided to extend the mandate for a period of three years. The Independent Expert monitors and reports on States' implementation of the right to water as well as related violations.
In March 2008, through resolution 7/22, the Human Rights Council decided "To appoint, for a period of three years, an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation". In April 2011, through resolution 16/2, the Human Rights Council decided to extend the mandate for a period of three years. The Independent Expert monitors and reports on States' implementation of the right to water as well as related violations.
More Than Bad Maths: Four Big Errors That Let
Jayalalithaa Off the Hook
A day after former Tamil Nadu
Chief Minister J Jayalalithaa was acquitted by the Karnataka High Court on May
11 in a high profile corruption case, Special Public Prosecutor BV Acharya
revealed arithmetic errors in the judgment. An error in adding up a tabular
column of loans considered as income by the High Court judge left a gaping hole
of Rs 13.5 crore, which the AIADMK is still trying to explain away.
Now, more serious errors of
duplication have been found in Judge CR Kumaraswamy’s verdict. It now appears
that the High Court has, erroneously, added loan amounts twice to the income of
the defendants. This means that the amount calculated by the judge as
‘explained income’ — the basis on which the court has exonerated Jayalalithaa
and others — is a highly inflated figure.
To put it in simple terms,
disproportionate wealth is calculated by adding up all the assets and income of
the accused and finding out which of the assets and income are from an
explained valid source of income. Those assets and income that do not have a
satisfactory source are then deemed to be disproportionate wealth.
The trial court, in September
2014, had found Jayalalithaa guilty of possessing disproportionate wealth to
the tune of Rs 53.6 crore. Earlier this month the Karnataka HC ruled on her
appeal, acquitting her of all charges as it found disproportionate wealth to be
only to the tune of Rs 2.82 crore. The High Court cited earlier judgments to
argue that 10% of unexplained wealth was permissible as per law and that since
only 8.12% of the defendants’ wealth was disproportionate to their income, they
were liable to be acquitted as per law.
Duplication of loans
On page 852 of the High Court
order, Judge Kumaraswamy has put in place a tabular column showing a list of 10
loans, which, he argues, would constitute additional income, automatically
bringing down the total amount of disproportionate income in Jayalalithaa’s
case. He then adjusts the sum assessed as income by the prosecution and arrives
at a new figure.
Out of the 10 loans, the first
one, a loan to Jaya Publications from Indian Bank to the tune of Rs
1.5 crore is clearly shown to have been repaid in full, in the corresponding
Page 294 of the trial court order and has been accepted as legitimate
expenditure by the lower court. Therefore, it is already factored in.
Of the other nine loans listed,
seven of these have already been taken into account by the prosecution. In
fact, the trial court order, on pages 126 to 139, delves in detail into each
individual loan taken by the defendants and accepts them either completely or
partially with reasons.
Legal experts say that this amounts
to duplication of income – if, for instance, the trial court has accepted an
income of Rs 100 out of these loans, the High Court has erroneously taken the
same Rs 100 and added it once again, assuming that the lower court had omitted
to do so. This would take the total income to double the actual amount i.e. Rs
200.
In fact, the High Court appears
to have made some more glaring errors. Item number 8 in the table on Page 852
is a loan of Rs 1.57 crore in the name of VN Sudhakaran, Jayalalithaa’s foster
son and one of the accused. A comparison with Pages 136 and 137 of the trial
court order shows the discrepancy. Three pieces of evidence are cited in this
particular loan – one, a letter from Sudhakaran to Indian Bank requesting a
loan of Rs 1.57 crore. The second evidence is a letter from Indian Bank
sanctioning a loan amount of Rs 1.33 crore and not the full amount requested.
The third bit of evidence is the statement of accounts from the bank’s records.
The trial court has taken the outstanding balance of the loan amount as income.
The High Court, however, in a glaring error, takes into account only
the first piece of evidence i.e. the loan amount requested by
Sudhakaran, which was not even sanctioned in full.
Page 852 of High Court
Judge Kumaraswamy’s judgment of May 11, 2015
Other loans show up similar
discrepancies in the High Court order.
Another glaring error in the
loan table is that of item number 3 – a loan of Rs 90 lakhs taken by
Jayalalithaa from Indian Bank. The HC has taken this into account despite that
loan having been sanctioned in August 1996, after the ‘check period’ of the
case, i.e. after her first term as Chief Minister of the state had ended.
Details of loans listed on
pp126-127 in trial court Judge Cunha’s September 2014 verdict finding
Jayalalithaa guilty of corruption
Page 127 of trial court
Judge Cunha’s verdict of September 2014
Once we discount the duplicated
loans, the arithmetic now works out as follows.
Total assets accepted by
HC: Rs 37,59,02,466
Total income as calculated
by HC (incl loans as under Page 852): Rs 34,76,65,654
Now we deduct the amount of Rs
18,17,46,000 from this since the loans mentioned have already been taken into
account by the trial court.
Only one component Item number 9
would be added since it does not reflect in the trial court’s math.
New total = Old total – loan income
i.e. Rs 34,76,65,654 – Rs
18,17,46,000
Add Item number 9 as
extra loan = Rs 1,65,00,000
New total income = Rs 18,24,19,654
Now we apply this new total
income to the formula used by the HC on Page 914 of the order, to arrive at the
percentage of disproportionate wealth.
Disproportionate
assets = Total assets – Total
income
= Rs 37,59,02,466 – Rs
18,24,19,654
= Rs 19,34,82,812
This means the amount of
disproportionate assets shoots up to Rs 19.3 crores from Rs
2.82 crores as given in the HC order.
Percentage
= Disproportionate assets X 100 / Income
= Rs 19,34,82,812 X 100
/ 18,24,19,654
The percentage now goes up
to 106% as opposed to the 8.12% calculated by the HC, which
was the number that acquitted Jayalalithaa and 3 others.
“There are a number of apparent
errors in the High Court’s treatment of the funds that need to be gone into,”
said Supreme Court lawyer Karuna Nundy. “For instance, the first item in Page
852 of the High Court judgment is a loan of Rs 1.5 cr (Ex.P.1027) – the High
Court treats this as income that has been properly explained. The trial
court though, examined the bank manager and saw documents that showed that the
loan from the Indian Bank had already been paid back. This leaves an
unexplained amount of over 1 crore. There are other gaps – take Ex.P.1330, a Rs
1.57 crore loan taken by VN Sudhakaran, again from Indian Bank. The trial court
order clearly shows Sudhakaran only received Rs 1.33 cr of the Rs 1.57 cr,
sanctioned.”
“This allegation is incorrect,”
said a senior AIADMK leader who did not wish to be named. “We have thoroughly
looked through the order and there is no discrepancy,” he said.
The 10% loophole
Jurists are spitting fire at the
law used by Judge Kumaraswamy on Page 914 of his order acquitting Jayalalithaa.
In this, the judge has cited the Krishnanand Agnihotri case, which states that
“when there is disproportionate asset to the extent of 10%, the accused are
entitled for acquittal.” He has also cited a circular issued by the Government
of Andhra Pradesh which states, “Disproportionate asset to the extent of 20%
can also be considered as a permissible limit.”
“Is the judiciary giving legal
sanction to corruption?” asked a retired High Court judge who did not wish to
be named. “Will this 10% sanction apply to its own officers and subordinate
judiciary? So a court clerk found taking a bribe of Rs 1000 could be let off
since it is less than 10% of his annual salary? Will this 10% be allowed on an
annual basis or on the basis of tenure of the staff? And every time a
chargesheet is filed henceforth, will this 10% rule apply? Is the judiciary
giving a blessing to public servants for violating their oath by giving them
10% leeway?” asked the judge.
“Unfortunately the SC judgment
in Krishnanand Agnihotri’s case has been misinterpreted,” said lawyer
Nundy. “The HC says “when there is disproportionate asset to the extent of 10%,
the accused are entitled for acquittal.” Nowhere does the
Supreme Court judgment lay this down as a rule. Agnihotri’s case was explicitly
decided in the context of his own offence, which was relatively minor. If the
High Court thought Jayalalithaa deserved the benefit for much larger amounts it
needed to explain why,” she said.
Legal eagles say that this
ruling by the High Court judge could set a bad precedent, one that encourages
bribery. Especially when the Supreme Court earlier observed that corruption is
“the enemy of the nation” and had exhorted courts to show “zero tolerance”
towards this scourge.
“It is an accepted legal
precedent,” insisted the AIADMK leader. “The High Court judge is right in his
assessment.”
Retired Madras HC judge K
Chandru agrees. “The Andhra precedent and the other precedent have
been followed in many cases and officers have been let out on the basis of the
discount, it has become a judicial precedent by the judge made law. One need
not argue specifically on such issues and it is left to the discretion of the
court,” he said.
IT returns as proof of
income
The Karnataka High Court
overturned the guilty verdict of the trial court by arguing that the lower
court had not considered the Income Tax returns of the defendants. Judge
Kumaraswamy then added this income declared in the IT returns of the defendants
to clear them of a large chunk of disproportionate assets.
“There are many prior cases
where the Supreme Court has said that in cases involving disproportionate assets,
the source of the income must be explained convincingly,” said the retired
judge. “Income tax returns are not reliable since they do not verify the source
of the income. It is wrong to accept IT returns as proof of income unless the
source of the income is proven to be valid,” he said.
Legal experts also point out
that in many instances, the High Court has accepted IT returns which have been
filed much later, as in the case of Namadhu MGR. On Page 875 of the HC order,
the judge agrees that IT returns filed as an afterthought cannot be relied
upon. “When Income Tax returns have not been filed for many years, it
disentitles the assessee substantially. A doubt arises in the genuineness of
the Income Tax returns. But when it is produced before the Income Tax department
after a long time and is not produced when its production was warranted,
it is a suspicious circumstance against the genuineness of the claim of the
assessee in respect of this subscription item i.e. Namadhu MGR.”
Experts say that under the Nallammal
vs State ruling of 1999, the term “income” has been clearly defined by
the Supreme Court. “… ‘known sources of income’ means income received from any
lawful source and such receipt has been intimated in accordance with the
provisions of any law, rules or orders for the time being applicable to a
public servant.” They say that this would, in effect, rule out IT returns
as proof of income, since source of that income is not often verified while
assessing returns.
However, Kumaraswamy proceeds to
accept the income in part i.e. a sum of Rs 4 crores. “In effect, this is an
afterthought explanation that anyone can give in a DA case,” said the retired
judge. “So basically I can wait until a chargesheet is filed, then I can add
all my unexplained income and file my IT returns after that – I will get away
scot free. This judgment can be quoted in cases involving IT returns as well.
Jurists should wake up to the impact this could have on the social structure,
the economy and political structure. If afterthought IT returns are accepted,
this means black money can easily come into the system and be laundered by
filing a simple IT return,” he said.
“Under this head, the High Court
may be wrong and there was no justification to ignore the findings given
by Cunha,” said retired judge Chandru. “Sec 19 (3) (a) of the Prevention
of Corruption Act does not allow an appellate court (in this case Karnataka HC)
to take a different view from the special court in such matters
unless there was a failure of justice,” he said.
The AIADMK says relying on IT
returns is a legally sound decision. “The IT department is under an IT law and
decisions taken by it are final,” said the AIADMK leader. “There is nothing
wrong with relying on IT returns.”
Foreign remittance
Apart from the acceptance of IT
returns which were filed belatedly, in the case of birthday gifts too, a
curious case of a foreign remittance included in this list draws attention.
This Rs 77 lakh remittance is the subject of a CBI investigation. The case was
dismissed by the Madras High Court and the matter has been mired in legal
technicalities and pending before the Supreme Court since 2012.
“Receiving gifts from foreign
countries by a minister is completely prohibited by the Foreign Exchange
Regulation Act (FERA),” said retired judge Chandru. “It can be accepted as an
income for the purpose of the present case if it is shown that it was
remitted by a bonafide person.”
The retired judge quoted the
Supreme Court to ask whether this means the judiciary encourages politicians to
take bribes in kind rather than cash. “If public servants are allowed to accept
presents when they are prohibited under a penalty from accepting bribes, they
would easily circumvent the prohibition by accepting the bribe in the shape of
a present,” he said.
The AIADMK insists that this is
an accepted precedent.
Other errors
The legal fraternity points out
other errors in the judgement. One is that of a virtual lack of prosecution in
the case. After the Supreme Court struck down the appointment of then Special
Public Prosecutor Bhavani Singh in January 2015, a new SPP was appointed by the
Karnataka government. BV Acharya was given only a day’s time to submit written
arguments (“not more than 50 pages” as per Justice Deepak Mishra’s order) and
oral arguments were not allowed.
Another error pointed out is
that of the HC dismissing government rates for construction materials as being
“too high” and thereby reducing the costs of construction and renovation in the
properties of the defendants.
“In the absence of other proper
evidence, only government rates i.e. rates prescribed by the Public Works
Department can be taken into account,” said the retired judge. “It is standard
practice in all courts,” he said.
Retired judge Chandru disagrees.
“Judge Kumaraswamy even said that when he purchased tiles for constructing
his house, it was almost the same as claimed by Jayalalithaa,” he
said.
Rental income added by the HC
too appears to be unexplained. On Page 833 of the HC order, the judge simply
takes into account a sum of Rs 3.22 lakhs. A perusal of the trial court order
shows that rental income has been taken into account. Legal experts say this is
a mystifying figure.
Image of the judiciary
Jurists warn that the High Court
verdict could set many precedents for erroneous verdicts in the future. They
say that this is the first time a powerful politician has been brought to book
by a trial court and therefore, an important order that should not be taken
lightly.
“The Supreme Court has to
remember that the world is watching India,” said the retired judge. “This
judgment will bring down the image of the Indian judiciary in the world. The
apex court must look into this closely and seriously,” he said.
“This case became
significant because right from the beginning there were attempts to delay the
hearing by opposing the constitution of a special court,” said Chandru.
“Then the accused was two times Chief Minister during the investigation and the
police was under her Home Ministry. Then the Supreme court intervention
on the transfer of the case to another state, appointment of Special Public
Prosecutor, fixing time limit for hearing the appeal and even fixing the
quantity of stationary to be used for the written brief and not allowing
oral arguments. All these make it a unique case involving corruption,” he said.
SC lawyer Nundy agrees. “It’s
important that the Supreme Court hear this case in appeal,” she said. “In fact,
given the level of detail and the vagaries of prosecution, it might also be a
fit case to appoint an amicus curiae, or ‘friend of the court’, to make sure
justice is not only done but seen to be done – beyond reasonable doubt,” she
added.
And while the Karnataka
government dithers over whether or not to head to the Supreme Court on appeal,
the legal fraternity is certainly chafing at what has taken place.
Flawed Jayalalithaa Verdict Finally Heads to Supreme
Court
As the Karnataka cabinet decides
to move the Supreme Court in appeal, The Wireunearths more errors in the High Court verdict acquitting Tamil
Nadu Chief Minister Jayalalithaa
The Karnataka cabinet today decided to move the
Supreme Court on appeal against the recent Bangalore High Court verdict
acquitting J. Jayalalithaa, her close aide Sasikala and two others in a
disproportionate assets case.
“I welcome the decision of the Karnataka cabinet,”
said BV Acharya, special public prosecutor in the case. “The government has
accepted the legal opinions and recommendations given both by the Advocate
General as well as by myself,” he said.
Following
the decision taken by the Karnataka cabinet, state Law Minister TB Jayachandra
told reporters that the cabinet decided to appeal on the basis of merits of the
case. “The Supreme Court has specifically said that Karnataka has stepped into
the shoes of Tamil Nadu and that the state is the sole prosecuting agency for
all matters related to the case,” he said. “Legally on merits we have decided
to file the appeal in Supreme Court. BV Acharya will continue to be the special
public prosecutor for the appeal as well,” he added.
In
his May 11 verdict, Judge CR Kumaraswamy of the Bangalore High Court acquitted the Tamil Nadu Chief Minister and others of all charges in a
19-year-old corruption case. A trial
court in Bangalore had, in September 2014, convicted them of holding
unexplained wealth to the tune of Rs 53 crores.
The Wire had earlier this month reported on the four main inconsistencies in the High Court’s verdict which had allowed
Jayalalithaa and others to be acquitted. But there is one more large and
inexplicable error in the High Court verdict, say legal experts.
Since the fundamental determinant of the accused
persons’ disproportionate assets hinges on their spending more
money during the impugned period than their declared sources of
income, the acquittal turned on the curious tabulation of expenditure made
by Judge Kumaraswamy — especially the money spent on construction costs
On Page 797 in the High Court order acquitting
Jayalalithaa – after a lengthy discussion of the arguments of the prosecution,
the defence and the trial court order – Judge Kumaraswamy puts the costs
incurred in the construction and renovation of various buildings at Rs
5,10,54,060 (Rs 5.1 crores).
On comparing the High Court’s tally with the written
submissions made by the defendants, in this case Jayalalithaa and her close
aide Sasikala, a peculiar situation arises.
Item number 51 in the written submission of
Jayalalithaa clearly states that she has admitted to expenditure of Rs
3,62,47,700 (Rs 3.6 crores) towards construction costs in Poes Garden and a
farmhouse in Hyderabad.
Similarly, a tabular column detailed in the written
submission of Sasikala shows that she and another accused, J Elavarasi,
have admitted to expenditure of Rs 5,05,59,419 (Rs 5 crores) towards
construction costs of various buildings.
The sum total of the construction costs admitted to
by the defence is thus Rs 8,68,07,119 (Rs 8.6 crores).
The Wire cross-checked this tally with the written
submissions made by the defendants to the Karnataka High Court. Again, a
tabular column under the heading “Value of the assets according to the accused
under following heads as shown in Page 711 of the trial court judgement” shows
clearly the defence claim on the amount spent towards construction costs. The
defence clearly states that they have spent a total of Rs 8,60,59,261 (Rs 8.6
crores) in their submission to the High Court too.
Strangely enough, the High Court has decided that
the defendants have in fact spent less than the amount that they have
themselves admitted to. Judge Kumaraswamy has stated in his order that the
defendants have spent only Rs 5.1 crores, reducing costs incurred by the
defendants by about Rs 3.5 crores.
More costs incurred by the defendants would mean a
higher amount of expenditure that would need to be explained to the courts. The
trial court on Page 711 held that Jayalalithaa and others had spent Rs
22,53,92,344 (Rs 22.5 crores) on construction and renovation of various
buildings. The defendants disagreed and said they had spent Rs 8.6 crores only.
The Karnataka High Court disagreed with both and said Jayalalithaa and others
had spent only Rs 5.1 crores.
“This is really strange,” said a retired High Court
judge. “The judge has gone neither by what the prosecution says, nor by the
defendants. This is a clear example of a case where the evidence needs to have
been scrutinized thoroughly. Errors like this will creep in otherwise,” he
said.
“This is not the only instance in the order where
the High Court has gone beyond the defence,” said Vikram Hegde, a lawyer based
in Karnataka. “Even the loan amount, if you look at it, is more than what the
defence says.”
Legal experts argue that these errors could have
been avoided if a proper prosecution had been made available during the trial
period. In January this year, the Supreme Court struck down the appointment of
Special Public Prosecutor (SPP) Bhavani Singh as “bad in law” and asked the
Karnataka Government to appoint a new SPP. BV Acharya who was subsequently
appointed, was given a day’s time to submit written arguments, with no verbal
arguments being allowed.
“A proper prosecution would have made a
huge difference to this case,” said Hegde. “First, it is an authentic
source and second, the court would have had qualified assistance. The role of
the prosecutor in a case like this is to take the court through the maze of
evidence. The previous prosecutor did not do that in the High Court. I would go
so far as to say that the previous prosecutor had not done his job even in the
trial court. As a result, the judge has been at a disadvantage and he has not
been able to apply his mind,” he said.
Other glaring errors in the judgement include
arithmetic mistakes, duplication of loan income, and erroneous use of IT
returns as a valid source of income. A fiery debate is also on within legal circles
on whether the use of the 10% rule — the quantum of disproportionate assets an
accused is allowed before it becomes an offence — as used in Krishnanand
Agnihotri is applicable at all to Jayalalithaa as her case
involves crores of rupees with a charge of corruption while in office.
“It is in Jaya’s interest that she gets cleared by
the Supreme Court,” said senior Supreme Court lawyer Rajeev Dhavan. “Without
that, huge doubts will hang over the Bangalore High Court verdict. It appears
that there are grievous blunders – whether in calculation, construction costs
or wedding costs. There are huge doubts whether the 10% rule can really be
applied when figures are larger than say, Rs 5 lakhs. This matter needs to be
agitated before the Supreme Court for reasons of justice as well as reasons of
error,” he said.
Jayalalithaa, who took charge once again as Tamil
Nadu Chief Minister following her acquittal, will contest a
by-election for a Tamil Nadu assembly seat on June 27 even as
the decision on Karnataka’s appeal hangs over her head.
The Wire tried reaching a number of AIADMK
leaders but none among them was willing to comment either on the
computational errors in the High Court order or the Karnataka government’s
decision to move the Supreme Court.
Allegations of Corruption against Justice C.R. Kumaraswamy
who acquitted Jayalalithaa By: Apoorva Mandhani
Justice C.R. Kumaraswamy, who acquitted Tamil Nadu Chief Minister J. Jayalalithaa in the disproportionate assets case recently, has reportedly been accused of acquiring property without following certain norms. The allegations have been leveled by Karnataka Brastachara Nirmoolana Vedike, a group of RTI activists and advocates working towards eradication of corruption in the State. They have alleged that Justice Kumaraswamy had acquired properties in Bengaluru and Mysuru through Bangalore Development Authority (BDA), Karnataka Housing Board (KHB) and Karnataka State Judicial Employees Housing Society by violating certain norms in the site allotment rules and house building society bye-laws.
Justice C.R. Kumaraswamy, who acquitted Tamil Nadu Chief Minister J. Jayalalithaa in the disproportionate assets case recently, has reportedly been accused of acquiring property without following certain norms. The allegations have been leveled by Karnataka Brastachara Nirmoolana Vedike, a group of RTI activists and advocates working towards eradication of corruption in the State. They have alleged that Justice Kumaraswamy had acquired properties in Bengaluru and Mysuru through Bangalore Development Authority (BDA), Karnataka Housing Board (KHB) and Karnataka State Judicial Employees Housing Society by violating certain norms in the site allotment rules and house building society bye-laws.
The group has posted the complaint
to the President of India, the Chief Justice of India and the Chief Justice of
Karnataka High Court, demanding a detailed enquiry and initiation of
appropriate legal proceedings against the Judge. As per a Deccan Chronicle
report, documents obtained under the Right to Information Act by Advocate
A.R.S. Kumar reveal that Justice Kumaraswamy was allotted a flat No. 180, HIG
B-3, First Floor, Block 100 in Kengeri 3rd stage by the Karnataka Housing Board
in 1997 while he was serving as a district and sessions judge in Kolar. After
this allotment, he submitted one more application to the board seeking
allotment for a house under High Income Group (HIG) at Hootagally Colony in KHB
Colony, Mysuru in 2001. While working as District and Sessions Judge in Bellary
then, he got the Kengeri flat allotment cancelled and acquired the independent
house in Hootagally Colony in Mysuru on exchange. In the year 2005,
Kumaraswamy’s wife M.N. Nagarathnamma who had applied for a BDA site since
1987, in her 6th attempt got a plot measuring 30×40 allotted to her in Jnanabharathi
Layout, Block 1 in Valagerahalli.
The group has alleged that in her
application to the BDA, the Judge’s wife had concealed the facts about the
allotment/cancellation of their Kengeri flat and acquisition of the independent
house in Hootagally Colony in Mysuru by her husband. In 2005, Justice
Kumaraswamy had made a voluntary disclosure on the Karnataka High Court
website, which disclosed his flat in Divya Manor Apartments on Venkataswamy
Raju Road in Palace Guttahalli in Kumarapark West. “In 2006, the Karnataka
Judicial Employees Housing Building Co-Operative Society Limited went ahead and
allotted site no. 176 measuring 4000 square feet in Judicial Layout, Phase 2 in
Shivanagar to Kumaraswamy, violating allotment rules and bye-laws of the House Building
Co-Operative Society,”
Advocate Kumar said. In May this
year, Justice C.R. Kumaraswamy had allowed the appeals filed by Jayalalithaa
and others and reversed the conviction ordered by the trial court. The Trial
Court had convicted and sentenced Jayalalithaa and her 3 associates to four
years in prison besides imposing a Rs 100 crore fine, on September 27 last
year. You may read the judgment here. The Karnataka Government had filed a 2700
page petition on 23rd June saying that the Karnataka High Court’s judgment
was a “farce”, and that “arithmetical errors made the judgment illegal”.
The petition has also added that
the judgment had resulted in “the miscarriage of justice” and should be
quashed. You may read the LiveLaw story here. You may read more news about
Jayalalithaa’s DA Case here. Justice Kumaraswamy was elevated as a judge
of the High Court in 2005 from the cadre of district judges. He was made a
permanent judge in March 2007. With his retirement, Karnataka High Court is
reduced to 50% of its sanctioned strength. You may also read: 37% Judges posts
vacant in 24 High Courts in India
Read more at: http://www.livelaw.in/allegations-of-corruption-against-justice-c-r-kumaraswamy-who-acquitted-jayalalithaa/
Read more at: http://www.livelaw.in/allegations-of-corruption-against-justice-c-r-kumaraswamy-who-acquitted-jayalalithaa/
PIL –
Justice Delayed & Justice Denied
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
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:
a. Every human being , every Indian citizen
are equal and guaranteed equitable justice as
their human right and Constitutional right.
b. In india mafia of powers that be and
government ensure that cases drag on for years , so
that poor litigant either dies before judgement day
or opts out in the middle. Due to this delaying tactics
, many poor people rather suffer injustice instead of seeking
justice in courts. Mafia indirectly forces them
to keep away from litigation.
c. Due to occupation induced health
problems my health is deteriorating day by day , some of the PILs
concerning national security , public welfare I have
filed are two decades old , still no justice in sight. Judges
not even admitted the cases.
d. Actual working hours , working days for judges
are less in india. Too many case adjournments , less number
of judges , too many holidays for judges like summer vacation
, winter vacation , working hours less than 8 hours per day , etc.
e. Judges work less but
enjoy 5 star pay & perks at public expense.
f. Due to denial of justice common
people suffer injustice for more time or till their death. Say some
falsely implicated persons suffer in jail for years till their acquittal
by courts , some petty criminals whose crime
attracts one year imprisonment suffers in jail for ten
years. Because they are not well connected , cann’t afford hi fi
advocates , bail fees.
g. Due to lethargic
judiciary , some land acquisition cases drag on
for years land looser suffers also
the project cost escalates by
hundreds thousands of crores of rupees.
h. The lethargic Judiciary in
India itself is the biggest violator of common
man’s human rights , fundamental rights. It is the culprit responsible
for loss of thousands of crores of rupees to public exchequer
due to project cost escalations.
i. when a common man’s human
rights , human rights is violated in the
form of delaying tactics by court of
law , judiciary , the presiding judge becomes a criminal and
liable to pay damages to the aggrieved.
j. The central government and state
government yearly spend thousands of crores of
rupees unnecessarily like purchasing new cars
for ministers , renovation , interior decorations of
minister’s bungalows , foreign jaunts , etc. These are all
not priority one spending. Out of these
spending how many more judges could be appointed
, paid salaries.
k. when compared to project
cost escalations of thousands of crores of
rupees caused due to case delays , is it not
wise on the part of government to appoint requisite number of
judges with additional budget burden of few
crores of rupees.
l. Both central and state
governments are the biggest litigants in the country.
m. Government is manipulating judicial process
by denying finance to appoint more judges , to create more
court infrastructures.
n. We common people are imposed with
time limits to mandatorily comply with, in our interactions with
other public , with government authorities , with courts itself. For our
failures we common people are penalized.
0. Paradoxically , there is no mandatory time
limits for judges , public servants to finish specific works
concerning public. In most of the cases they adopt delaying tactics ,
deny justice still they are not penalized and don’t pay any
compensation to the aggrieved public.
p. Due to delaying tactics of judges ,
many anti national crimes , terror attacks took place and still
continuing which could have been well averted in time if
judges took timely action. For helping mafia by the way
of delayed justice , mafia rewards some of those judges with post
retirement postings , promotions , site allotments , etc.
q. The Judiciary has the right , authority , power
to order government to allocate finance for appointing
judges , setting up court infrastructure. If the government
gives ruse of no money in it’s account ,
courts can definitely monitor spending of government , cut down
on waste , non-priority spending of government , divert such money
for appointment of judges , court infrastructure development. No
need for CJI to weep before prime minister.
Judges themselves never consider the sufferings
of weeping litigants. It shows the weakness of
CJI and a shame to our nation.
We once again appeal to Honourable CJI ,
Supreme Court of India to take action on the following
PILs , to answer the show cause notice and to order the
concerned public servants to answer RTI questions. The officials
of SCI don’t even have etiquette , decorum to reply to our letters.
Some of my appeals are two decades old.
Remember the basic
fact you are all enjoying 5 star pay , perks at the expense of public
and owe your duty to public. Are not judges
drawing huge salaries , 5 star pay , perks on time without
fail , on 01st of every month? Have they forgotten to take salary in 25
years , but they keep cases pending for 20 - 25 years.
CJI weeping before Prime Minister shows the
weakness of the judiciary & a shame to the nation. Judges
never consider sufferings of weeping litigants in
cases. Judges themselves are responsible for long pending
cases.
Don’t refer the case
to police as they don’t have power , authority to enquire high &
mighty people , judges & previously they have failed
and the case is to subject some police officials ,
judges themselves to enquiry. Referring the case to police is nothing but
attempt to bury the truth , only supreme court monitored
transparent enquiry by CBI is right.
Delaying tactics of judges
is only helping the criminals , anti nationals and terrorists.
Please refer below mentioned sample cases of
Justice delayed for years to innocents , sufferings of their family
members. No judges , police are bothered. Are not the the respective judges ,
police guilty of defaming those innocent persons , spoiling their
livelihood , gross violation of their civil rights ? why not those guilty
judges , police are paying compensation to victims of their wrong actions
? But the very same guilty judges , police are
SHAMELESSLY enjoying 5 star pay perks from public exchequer
for decades.
Bail system , Parole system are in favour of
rich crooks in india , cases of rich crooks move at faster pace
wheeas the cases of poor which are although older still continues. Judiciary ,
it’s system are biased. Consider the sample cases of sanjay dutt , salman
khan , jayalaita. Our judges , Police don’t have spine to enforce
rule of law on rich crooks , while they put full force , might on poor
innocents.
If anything untoward happens to me or to
my dependents Chief Justice of India together with jurisdiction police
& District Collector will be responsible for it.
Rot in judiciary is decades old. Honourable CJI sir
, weeping is not right constitution of india has given you the authority
, TAKE ACTION DO YOUR DUTY. People , History will remember you forever
with respect. Anyway you are getting very good 5 star pay & perks , will
also get decent pension after retirement from government. First forget
about post retirement postings , discretionary allotment of sites , etc
from government then you can work fearlessly. Both central & state
governments are biggest litigants in the country , IAS babus make wrong
application , interpretation of laws leading to litigations. Start by
clearing the rotten eggs within the judiciary. When judiciary &
police in a country strictly uphold law , work impartially that
country surpasses even heaven.
Do remember on the D Day , in the Court
of Almighty everybody CJI , Judges , prime ministers , common man
alike has to bow his head. In who’s court there is no match fixing
, no techinicalities , no vociferous hi fi advocates , no bias based on caste ,
religion , region , community , etc , only straight simple account of
wrongs & rights. Guess his judgement in your case. GOD BLESS
US ALL.
2. Question(s) of Law:
Is it right for judges to deny
justice . is it right on the part of judges to delay justice under
various ruses to common man , violate their human rights , fundamental rights.
3. Grounds:
Requests for equitable justice , Prosecution
of judges , police , public servants responsible for
case delays.
4. Averment:
Please read details at :
Honourable Chief Justice of India TAKE ACTION
https://sites.google.com/site/eclarionofdalit/honourable-cji-take-action
,
https://www.scribd.com/doc/312858947/Honourable-CJI-Take-Action
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 , Tax Authorities , Law
Enforcement Agencies , RBI authorities in the following cases to
perform their duties & to answer the below RTI 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 legally prosecute responsible ,
concerned judges , police & public servants.
d. To cancel winter , summer vacation holidays
for judges.
e. To bring down the holidays of
courts per year to twelve on the lines of industrial
establishments.
f. To make it mandatory for judges to
conduct court hearings for 8 hours per day.
g. To bring down unnecessary court
adjournments.
h. to reserve precious court
timings only for arguments , cross examination of litigants ,
witnesses.
i. to use information technology ,
internet for issue of notices , summons and
litigants submitting documents , applications instead of
wasting court time.
j. to introduce working of courts on shift
basis in the same infrastructure.
k. to appoint retired judges
immediately to bring down gaps in judges requirement.
l. to order the biggest
litigant government of india and all state governments
to frame laws strictly in accordance
with constitution.
m. to order governments to
give proper training for public servants , IAS officers , KAS officers ,
others about law of the land.
o. to make specific public servants
personally responsible for wrong applications of law
while discharging their duties and to make them
pay compensation from their personal pockets.
p. to order Chief Justice of India to
pay compensation of Rupees TWO CRORES to Nagaraja Mysuru
Raghupathi editor SOS e Clarion of Dalit & SOS e Voice for Justice ,
towards the damages he has suffered due to delayed justice.
q. to order the respective judges , police in all
cases of case delays more specifically in the below mentioned cases to
pay compensation to innocent victims. Make a guideline for compensation
payment. Legally prosecute guilty judges , police.
r. to frame a guideline for bail & parole
procedure. When it is violated by judges , police , jail authorities , other
public servants order them to pay compensation and legally prosecute
guilty judges , police , jail officials.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE
DUTY BOUND, EVER PRAY.
Dated : 08.06.2016……… ………………….FILED BY:
NAGARAJA.M.R.
Place : Mysuru ,
India……………………. PETITIONER-IN-PERSON
CJI a Criminal ?
Case of Fence eating the crops ? Guard himself stealing ? Accountability of Judges a MUST
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:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.
A . "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 people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C . Every institution in india is directly or indirectly accountable to people , however judiciary alone is not transparent not giving accounts of it’s actions to people.
D . Judges enjoy 5 star pay & perks , making merry at the cost of people’s money , public exchequer , but are not giving accounts of their actions to people , not transparent to the public eye. They are not even honouring RTI applications seeking information about actions of judges , because corrupt judges will be caught red handed.
E . Judges are not super humans nor super brains nor from moon or mars , they are ordinary mortals from the society around us and just like us capable of doing good work as well falling prey to human lures like bribe , corruption , favoritism , etc.
F. Judges think they are sole custodians of constitution of india , in fact every citizen of india is a custodian of constitution of india.
G . Collegium of judges is nothing but a coterie , a MAFIA proof - unfit corrupt persons like dinakaran , another judge involved in mysore roost resort sex scandal being selected by SCI collegium promoted to the apex court. It is just the tip of iceberg , behind the judicial veil of secrecy many corrupt judges are hiding. Hereby , I challenge Honourable supreme court of india that subject to conditions I will bring to book corrupt judges who are hiding behind the veil. Are you ready ?
H . When compared to some corrupt judges who are nothing but criminals , a drain , parasites on our public exchequer , society , the child workers who are hard working earning less than rupees 32 a day are far better , great human beings.
I . Ofcourse when the court identifies that intentions of an act of parliament as unconstitutional , it has the right to strike it down to uphold the supremacy of constitution. NJAC Act passed by parliament was in fact filling a legal vaccum about accountability & selection of judges and in turn strengthening the constitution of india. But by striking down NJAC Act of government of india , supreme court of india is weakening constitution of india , making contempt of parliament , constitution & all Indian citizens. If at all supreme court was really sincere it could have suggested more alternatives for transparent , accountable judiciary with appropriate transparent provisions for guarding judicial independence.
J . When government of india passed unconstitutional acts like land acquisition bill , special status to Kashmir , against uniform civil code promoted unequal differing civil laws for various religion people and Bhopal gas victims act , nuclear energy act , etc , did it not dawn on supreme court of india that it is the sole custodian of constitution ? then why not SCI strike down those unconstitutional parliamentary acts ?
K . It is the duty of Supreme Court of India to Protect , Guard the constitutional rights of every Indian citizens . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
L . Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.
M . Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?
N . If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?
O . The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.
P . When a Judge Himself Commits Crime , When a POLICE Himself robs , Murders ….
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 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 commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
I have shown in the following attachment how justice is bought , purchased , manipulated in INDIA with actual cases. Just see the recent examples of supreme court judges involved in sexual assault case & ROOST Resort Mysore Sex scandal involving judges , if any ordinary fellow had committed the same crimes he would have been hauled over the coal fire. Just take another recent example of Prisoner Movie actor sanjay dutt , TADA provisions were diluted by the judge to favour him and now he is getting parole week after week while the ordinary convicts never get a single parole throught their sentence. What Brilliant Judges , what brilliant police sirji.
2. Question(s) of Law:
Are Judges above Law & can go scot free ? Can judges cheat , rape , swindle others and go scot free without legal prosecution ? Why guilty CJIs were not legally prosecuted in a fair & transparent manner ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in selection & functioning of Judges.
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.
We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. 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 :
Half of former CJIs Corrupt :
https://sites.google.com/site/sosevoiceforjustice/half-of-former-cjis-corrupt ,
https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,
Atrocities on Women by JUDGES
https://sites.google.com/site/eclarionofdalit/atrocities-by-judges
A – Z of Manipulation of Indian Legal System
http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
Justice Sathasivam - Are you DEAF DUMB & BLIND
https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,
Rajiv Gandhi Assassination Cover-up
https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up ,
SHAME SHAME MPs & MLAs
https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas ,
JUDGEs or Brokers of Justice
https://sites.google.com/site/sosevoiceforjustice/judges-or-brokers-of-justice ,
RTI & Land Golmaal
https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka ,
https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,
https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,
Why NOT 3rd degree Torture of Corrupt Doctors , Police & Judges
http://e-clarionofdalit.blogspot.in/2015/10/why-not-3rd-degree-torture-of-doctors.html#links ,
https://sites.google.com/site/sosevoiceforjustice/3rd-degree-torture-by-doctors-police ,
Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi 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. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.
We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.
In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.
Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.
Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.
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 of them 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 , commonmen & 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:
(i) 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.
(ii) Hereby , I do request the honourble supreme court of india to make public all the proceedings of supreme court collegiums and correspondence between SCI , President’s office & government of india regarding selection of judges. To make public all the eligibility criteria followed for selection of judges and who filled what criteria , who didn’t fill which criteria and the final ranking.
(iii) Hereby , I do request the honourble supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request the honourble supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.
(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
Read : https://sites.google.com/site/sosevoiceforjustice/pil---writ-of-mandamus-1 ,
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 29th October 2015………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India……………………………………Petitioner in person
Case of Fence eating the crops ? Guard himself stealing ? Accountability of Judges a MUST
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:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.
A . "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 people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C . Every institution in india is directly or indirectly accountable to people , however judiciary alone is not transparent not giving accounts of it’s actions to people.
D . Judges enjoy 5 star pay & perks , making merry at the cost of people’s money , public exchequer , but are not giving accounts of their actions to people , not transparent to the public eye. They are not even honouring RTI applications seeking information about actions of judges , because corrupt judges will be caught red handed.
E . Judges are not super humans nor super brains nor from moon or mars , they are ordinary mortals from the society around us and just like us capable of doing good work as well falling prey to human lures like bribe , corruption , favoritism , etc.
F. Judges think they are sole custodians of constitution of india , in fact every citizen of india is a custodian of constitution of india.
G . Collegium of judges is nothing but a coterie , a MAFIA proof - unfit corrupt persons like dinakaran , another judge involved in mysore roost resort sex scandal being selected by SCI collegium promoted to the apex court. It is just the tip of iceberg , behind the judicial veil of secrecy many corrupt judges are hiding. Hereby , I challenge Honourable supreme court of india that subject to conditions I will bring to book corrupt judges who are hiding behind the veil. Are you ready ?
H . When compared to some corrupt judges who are nothing but criminals , a drain , parasites on our public exchequer , society , the child workers who are hard working earning less than rupees 32 a day are far better , great human beings.
I . Ofcourse when the court identifies that intentions of an act of parliament as unconstitutional , it has the right to strike it down to uphold the supremacy of constitution. NJAC Act passed by parliament was in fact filling a legal vaccum about accountability & selection of judges and in turn strengthening the constitution of india. But by striking down NJAC Act of government of india , supreme court of india is weakening constitution of india , making contempt of parliament , constitution & all Indian citizens. If at all supreme court was really sincere it could have suggested more alternatives for transparent , accountable judiciary with appropriate transparent provisions for guarding judicial independence.
J . When government of india passed unconstitutional acts like land acquisition bill , special status to Kashmir , against uniform civil code promoted unequal differing civil laws for various religion people and Bhopal gas victims act , nuclear energy act , etc , did it not dawn on supreme court of india that it is the sole custodian of constitution ? then why not SCI strike down those unconstitutional parliamentary acts ?
K . It is the duty of Supreme Court of India to Protect , Guard the constitutional rights of every Indian citizens . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
L . Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.
M . Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?
N . If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?
O . The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.
P . When a Judge Himself Commits Crime , When a POLICE Himself robs , Murders ….
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 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 commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
I have shown in the following attachment how justice is bought , purchased , manipulated in INDIA with actual cases. Just see the recent examples of supreme court judges involved in sexual assault case & ROOST Resort Mysore Sex scandal involving judges , if any ordinary fellow had committed the same crimes he would have been hauled over the coal fire. Just take another recent example of Prisoner Movie actor sanjay dutt , TADA provisions were diluted by the judge to favour him and now he is getting parole week after week while the ordinary convicts never get a single parole throught their sentence. What Brilliant Judges , what brilliant police sirji.
2. Question(s) of Law:
Are Judges above Law & can go scot free ? Can judges cheat , rape , swindle others and go scot free without legal prosecution ? Why guilty CJIs were not legally prosecuted in a fair & transparent manner ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in selection & functioning of Judges.
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.
We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. 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 :
Half of former CJIs Corrupt :
https://sites.google.com/site/sosevoiceforjustice/half-of-former-cjis-corrupt ,
https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,
Atrocities on Women by JUDGES
https://sites.google.com/site/eclarionofdalit/atrocities-by-judges
A – Z of Manipulation of Indian Legal System
http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
Justice Sathasivam - Are you DEAF DUMB & BLIND
https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,
Rajiv Gandhi Assassination Cover-up
https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up ,
SHAME SHAME MPs & MLAs
https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas ,
JUDGEs or Brokers of Justice
https://sites.google.com/site/sosevoiceforjustice/judges-or-brokers-of-justice ,
RTI & Land Golmaal
https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka ,
https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,
https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,
Why NOT 3rd degree Torture of Corrupt Doctors , Police & Judges
http://e-clarionofdalit.blogspot.in/2015/10/why-not-3rd-degree-torture-of-doctors.html#links ,
https://sites.google.com/site/sosevoiceforjustice/3rd-degree-torture-by-doctors-police ,
Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi 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. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.
We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.
In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.
Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.
Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.
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 of them 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 , commonmen & 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:
(i) 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.
(ii) Hereby , I do request the honourble supreme court of india to make public all the proceedings of supreme court collegiums and correspondence between SCI , President’s office & government of india regarding selection of judges. To make public all the eligibility criteria followed for selection of judges and who filled what criteria , who didn’t fill which criteria and the final ranking.
(iii) Hereby , I do request the honourble supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request the honourble supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.
(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
Read : https://sites.google.com/site/sosevoiceforjustice/pil---writ-of-mandamus-1 ,
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 29th October 2015………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India……………………………………Petitioner in person
Mercy Death Plea to Honourable Chief Justice of India
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 , Supreme Court 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.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.
4. Averment:
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.
Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.
We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.
Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.
The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?
Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.
The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.
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 , commonmen & see howcareless 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 legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. 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.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
u. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………………...PETITIONER-IN-PERSON
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 , Supreme Court 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.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.
4. Averment:
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.
Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.
We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.
Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.
The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?
Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.
The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.
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 , commonmen & see howcareless 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 legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. 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.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
u. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………………...PETITIONER-IN-PERSON
PIL – Justice to Human Rights Activist
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 , Supreme Court 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.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ?
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police.
4. Averment:
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 , commonmen & see howcareless 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 legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Mudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. 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.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
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 , Supreme Court 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.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ?
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police.
4. Averment:
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 , commonmen & see howcareless 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 legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Mudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. 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.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
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