Police file case against Police Department
S.O.S e - Clarion Of Dalit - Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed
Editor: NAGARAJA.M.R… VOL.11 issue.02…… .18/ 01 / 2017
Police Judges NOT
Constable Files PIL In Bombay HC Alleging
“Rampant Corruption” In Traffic Police Department
an embarrassment to the Police Department, head constable Sunil Toke has fied a PIL alleging rampant corruption in
Mumbai’s traffic police, seeking
registration of an FIR against corrupt police officials and constitution of a
Special Investigation Team to look into this entire case. Toke, who is
currently posted at Worli, was earlier posted at Goregaon Traffic Police
Division and at Wadala Traffic Police Division. He has been in police service
for 32 years.
his stint in the Traffic Police division, the petition state D Toke was
“shocked and surprised” to see such “rampant corruption”. Many allegations were
levelled against the traffic police in the petition. It was stated that in each
region/division of Traffic Police Department, there are two
constables/havildars, who are known as “cashiers”. They are unofficially
deputed on the duty to collect daily / monthly hafta from old and new
two-wheeler and four-wheeler showrooms, which is about Rs.5,000 to Rs.10,000.
It is also stated that traffic police “collect around Rs.25,000 to Rs.30,000
per month for running ready-mix cement vehicles, sand, bricks and other
construction material vehicles. “
cases where the traffic police choose to look the other way in exchange for
some cash, were also highlighted. For example, in case of illegal parking on
the roads, it is stated that the traffic police take money from five star
hotels for allowing illegal parking on the roads. Even in cases of drunken
driving, the petition stated that the police let the guilty off the hook in
exchange for cash.
The petitioner had written several complaints
to senior police officials, including the Commissioner as well as the Director
General of Police, citing instances of corruption in the traffic police
department but no action has been taken. He even wrote a letter to the Chief
Minister. He even submitted a CD, which allegedly has proof to substantiate his
allegations. This matter will come up for hearing in due course
Unauthorised colonies born
out of greed: Delhi HC
Unauthorised colonies are normally born out of greed with intent
of securing unmerited benefits and legalising them has emboldened purchasers of
acquired land and encroachers apart from leading to manifold problems, the
Delhi High Court has said.
“This court would like to emphasise the distinction between an
unauthorised colony and jhuggi jhopri cluster.
While jhuggi jhopri clusters are normally born out of need and
necessity for housing of the poor and under privileged, unauthorised colonies
are normally born out of greed with intent to secure unmerited benefits,”
Justice Manmohan said.
The observation came while dismissing a plea of a resident
welfare association (RWA) to restrain the Delhi Development Authority (DDA)
from dispossessing any of the members of the association from their land to
The court in its judgement has said people “who have cut these
unauthorised colonies have neither paid full development charges to the civic
authorities nor provided proper civic facilities like roads, sewerage,
drainage, water and electricity and as a consequence, diseases like malaria,
diarrhoea and tuberculosis are common in Delhi”.
It said it would be difficult to provide adequate and proper
sewage, drainage and roads after an unplanned colony has been constructed and
occupied, as construction would have been carried out in a “haphazard manner
without adhering to any scientific norms”.
The court further said, “Legalising of unauthorised colonies in
the past has not only emboldened the purchasers of acquired land and rank
encroachers but has created manifold problems of environmental degradation,
traffic bottlenecks etc.”
It said the members of the RWA of Utsav Vihar here who are
affected by the acquisition of their land by DDA can move individual petitions
in the high court for relief under the Land Acquisition Act of 2013.
The RWA had contended that the acquisition of their land,
initiated under the earlier Act of 1894, had lapsed as no compensation had been
Justice Manmohan, however, said that “till the time the
appropriate court does not declare that the acquisition proceeding has lapsed,
this court is of the view that the right of DDA to the land cannot be
DDA had, during the proceedings, contended that as the
unauthorised colony of the petitioner RWA was on acquired government land, the
authority was entitled to utilise any portion of the acquired land for a public
President Obama’s final foreign policy
speech at MacDill air force base in Tampa, betrayed its purpose through the
venue. The Tampa, Florida, base is home to Special Operations Command and
Central Command — Special Operations playing an ever increasing role in counter
The gist of the speech seemed to assert
that the US is and should stay true to its values when fighting
terrorism. An assertion when at the same time Congressman Ted Lieu, a
California Democrat, has written a letter to Secretary John Kerry warning him
the US could be charged with war crimes in aiding Saudi Arabia’s bombing
campaign in Yemen. The US helps through in-air refueling of planes.
The Congressman claims there are 70 documented incidents targeting civilians including
women and children. Yemen itself never had a refugee crisis through years
of civil conflict, that is until the merciless Saudi air onslaught.
What did Libya do to incur US
wrath? It was fighting a civil war where the casualties were in the
hundreds and the rebels themselves not without foreign instigators. Look
at Libya now. From leading Africa on the Human Development Index scale to
being bombed into a shambles without an effective government. By the way,
what was the strategic (or for that matter even tactical) value of bombing a
precious and expensive water system bringing water from the south to
Tripoli? And how did it help the civilian population of Tripoli?
Now, of course, those who can, in Libya, are fleeing to Europe. In fact,
sub-Saharan Africans who would come to Libya seeking work now try also to get
Ask the Libyans who they blame for
their problems and the answer comes back without equivocation, the
US. It was the leading cause of the country’s destruction.
Ask the Yemenis … ditto. It is the country supplying the planes, the
bombs, the air-refueling. Without it there would be no air
campaign. Ask the Syrians as a National Public Radio reporter did this
week. They certainly do not blame President Bashar Assad, who they feel
is doing well at keeping the country together. No, they blame the Saudis,
the Gulf States and their arms supplier-in-chief, the US.
Ask the Somalis. It was a U.S.
sponsored invasion of Somalia by Ethiopia that destroyed the last chance of
Somali stability, continuing the killing. The Islamic Courts regime could
not have chosen a worse name, which sent danger signals rippling through the US
administration, bringing fears of a Taliban and al-Qaeda replay. And it
was a quiet, studious Somali student who went on a rampage at Ohio State
University just over a week ago. Mr. Trump has been there this week to
express his condolences and to repeat his anti-Muslim immigration and “extreme
Ask the Iraqis and the Afghans. A
vast swathe from North Africa through Yemen into Afghanistan and Pakistan are
embroiled in conflict. Estimates of deaths in Iraq vary from 200,000
ascribed to violence to a million from the ravages of war. The war
casualties in Afghanistan according to the Watson Institute at Brown University
stand at around 111,000 with at least as many wounded, and continue to increase
after a US presence for 15 years. Deaths from the effects of war among
the population are not easily determined but as in Iraq are likely to be even
The question to ask is whether 19
persons, primarily from Saudi Arabia, responsible for the 9/11 attacks warrant
this wholesale killing. And for what? If anything, the situation
and the fear factor in the US are worse and one of the reasons for Donald
Is this heavy-handed policy actually
fighting terrorism successfully, or is it alienating populations enough to be a
The Chief Justice of India
Supreme Court of India
New Delhi – 110201 (India)
Subject: Seeking immediate intervention
into the arrest of activists of the Telangana Democratic Front on false charges
and other attacks on rights defenders by police and vigilante groups in
In continuation with our previous two
petitions dated 22nd February 2016 and 26th February 2016, we wish to draw you
attention to the consistent erosion of rule of law and constitutional freedoms
in Chhattisgarh in the wake of continuing attacks on civil rights defenders by
the state police and administration in close collusion with the vigilante
groups like the Samajik Ekta Manch and AGNI. In the most recent case of attack,
on 25th December, 2016 a 7 member fact finding team was arrested by the
Telangana police at Dummaguddem village of Bhadrachalam district at 6 pm and
handed over to the Sukma Police (Chhattisgarh State).
The fact finding team consisted of
members of the Telangana Democratic Front (TDF). TDF was formed recently to
fight for the rights of the people of Telangana state. The members of the fact
finding team are Chikkudu Prabhakar (Advocate), Bhalla Ravindranath (Advocate,
High Court, AP), Durga Prasad (Journalist), Duddu Prabhakar (President, KNPS,
AP), Rajendra Prasad (Student leader, Telangana Vidyarthi Vedika), Nazeer
(Student leader, Telangana Vidyarthi Vedika) and Ramananda Laskhme (Student
organizer), all seven are persons of public repute and have been committed to
the cause of democratic rights for decades.The team was on its way to
investigate complaints of human rights violations suffered by adivasis of
Chhattisgarh at the hands of security forces. The immediate context of the fact
finding related to the murder of a 13 year old tribal boy Somaru Pottam. On
December 16, Bijapur police had announced that a team of security forces had
killed an ‘unidentified and armed Maoist in uniform’ in Metapal in a gun
battle. The residents of Metapal, however, later recognized him as Somaru
Pottam, following which Pottam’s parents petitioned the High Court.
The Sukma police has alleged that the
team members were in possession of demonetized currency and had come to aid the
Maoists by exchanging the old currency on their behalf. The team was charged
under sections 8(1), (2) and (3) of the Chhattisgarh State Public Security Act,
on charges of support to Maoists and for possession of banned literature. On
3rd January the Dantewada district court rejected the bail application in the case.
During the court hearing neither the copies of seizure reports, FIR, and or
panchnama reports that are public documents have been shared with the defence
lawyers. The list of seizure reports that were read out contained books widely
available and none belonged to the category of banned literature. The action of
the police against the fact finding team is clearly an attempt to criminalize
democratic activity and prevent democratic and human rights groups from
entering Chhattisgarh and documenting excesses by the security forces.
The arrests and incarceration of the
activists of TDF is part of a long chain of organized attacks marked by false
cases, detention, intimidation and harassment of those who dare to expose the
lawlessness of the state. In 2016 alone, the security forces have carried out
134 encounter deaths in Chhattisgarh and three cases of sexual violence by
security forces have come to public light. In one of the cases that occurred in
October 2015 in Bijapur, the NHRC has found prima facie evidence against the
state police officials of gang rapes and physical assault of tribal women. A
similar incident of sexual violence took place this year in January in the
Nendra village, in relation to which the NHRC has sought response from the
authorities. While the state continues to intensify the use of violence against
the tribals in Chhattisgarh as part of their ‘counter-Maoist’ operations,
carrying out planned encounters, fake surrenders, sexual abuses and illegal
detentions, those bringing out the truth have also been on the radar of the
state. The following cases of attack on journalists, lawyers and activists in
2016, bear testimony to the vindictive vendetta of the state.
i) Intimidation of lawyer, Shalini
Gera: Shalini Gera, along with other members of the Jagdalpur Legal Aid Group
(JAGLAG), have continuously been harassed and attacked by the police and local
groups, as a penalty for providing legal remedies to adivasis who have suffered
at the hands of the police and security forces. In December 2016, another
attack was made at Shalini accusing her of exchanging old currency notes for
Maoists. She was also accused of meeting Maoists in the Dantewada jungles. The
complaint was made by a member of the vigilante group AGNI. Shalini was present
in Goel dharamshala, in Jagdalpur, from 25.12.2016 to 26.12.2016, to attend the
exhumation and repeat post mortem ordered by the Chhattisgarh High Court, of
the body of Somaru Pottam having found prima facie evidence of murder. Shalini
Gera is representing the parents of Somaru Pottam in the case where his parents
have accused the security forces of killing their son. Shalini Gera and her
team were accompanied throughout by Mr. D Mahant, Tehsildar of Bijapur, and
also by Mr. Pankaj Daharia CEO of Bijapur and the SDM of Bijapur. Mr. Wasnikar,
Divisional Commissioner, had made arrangements for their stay in Goel
Dharamshala as the Circuit house was fully occupied. However on the 26th
evening, she was threatened by the SI Archana Dhurandhar, and accused by of
staying in the dharamshala in an ‘unauthorized’ manner. The next day, she
received a call from Mr R.N. Dash, SP Bastar, that he has received a complaint
against Shalini for adding the Maoists. So far, no FIR has been registered but
DIG Kalluri has addressed several press conferences announcing that they are
investigating the complaint. These attempts at intimidation are not new. For
the past year and a half, Shalini Gera and her colleague Isha Khandelwal have
been constantly harassed by the police officials and were forced to vacate
their premises on February 20, 2016, under orders from SP Dash and SRP Kalluri.
ii) Harassment of Sukul Prasad Barse,
an adivasi rights activist: Sukul Prasad Barse, an adivasi activist was
intimidated by the Chhattisgarh police for organizing a meeting on the 19th of
December in village Matenaar of Dantewada district. The purpose of the meeting,
organized with the help of People’s Union for Civil Liberties (PUCL) was to
hear accounts of the family members of those adivasis who have been killed in
fake encounters, were victims of sexual violence and other human rights abuses
by the police and security forces. Activists who were returning after the
event, were stopped by the police for verification. The photos of the activists
were taken by the police and circulated through social media and were
circulated to vigilante groups who in turn concocted a story of JNU students
having come to Bastar for provoking people. The Dantewada police have been
regularly visiting Mr Barse’s house and threatening him for organizing this
iii) Intimidation of activists in the
wake of the CBI charge sheet in the Tadmetla massacre: In October 2016,
effigies were burnt by the police of six prominent members of civil society who
have faced violence and intimidation earlier for resisting the ongoing war
against the adivasis in Bastar. This ‘official protest’ by the police came in
the wake of the CBI submitting its status report in the Supreme Court monitored
inquiry into the Tadmetla massacre of 2011. The CBI in its report held 7 SPOs
responsible for the arson and 26 Salwa Judum members guilty of the attack on
Swami Agnivesh and his team when they went to do a fact-finding. The CBI also
found prima facie evidence of killing, rapes, brutal assault and lootings. The
Chhattisgarh Police dismissed the CBI findings claiming that the burning down
of the village was accidentally caused by heat generated by crossfire during an
operation against the Maoists. Thereafter, on 24th October personnel of the
Chhattisgarh Auxilliary Police Force burnt effigies of Manish Kunjam, Nandini
Sundar, Bela Bhatia, Soni Sori and Malini Subramaniam, across Bastar. Kunjam
and Sundar are the petitioners in the Tadmetla case. The police forces while
burning the effigies, in defiance and utmost contempt of the Supreme Court
order, claimed that those six persons are ‘anti-nationals’ responsible for
maligning the Chhattisgarh police propagating false and fabricated stories.
iv) UAPA and murder charges against
tribal rights activists: On 5th November an FIR was registered by the
Chhattisgarh police invoking Sections 302 (murder), 120B (criminal conspiracy),
147 (punishment for rioting), 148 (rioting armed with deadly weapon) and 149
(Unlawful assembly towards common object) of the IPC against 26 persons. The
list of accused included academics, Nandini Sundar and Archana Prasad,
activists Vineet Tiwari, Sanjay Parate from the Communist Party of India
(Marxist), two local activists, Manju Kawasi and Manglu Ram Karma for the
murder of Shamnath Baghel, a resident of Nama village and alleged leader of an
anti-Naxal group called ‘Tangiya’, who was killed on 4th November allegedly by
the Maoists. The FIR was filed on a complaint allegedly made by the wife of the
deceased (which she later denied to NDTV). This particular case connects back
to a fact-finding conducted by the people listed in the FIR in May 2016. The
fact finding report had revealed several instances of fake encounters, rapes
and arrests by police and security forces, beatings and IED blasts rampantly
carried out by the police. The team had also revealed that the police were
holding Jan Jagran Abhiyans with villagers and evidently aiding the resurgence
of armed militia of villagers similar to the earlier disbanded Salwa Judum, to
counter the Maoists. Following the report, the Chhattisgarh police had accused
the team members of threatening the villagers and forcibly asking them to
support the Maoists, a claim that the villagers of Nama had later denied. It
also remains a fact that one of the prime accused in the FIR, Prof. Nandini
Sundar is a petitioner in the Tadmetla case. The fact that these persons were
not there in the village on the day of the murder, did not deter the police
from pursuing the complaint against them. DIG Kalluri himself appeared before
the media, congratulating his men for bringing the accused to task! Finally, a
petition was moved in the Supreme Court of India that made it obligatory for
the State of Chhattisgarh to provide four week notice to the court before
deciding on any action, led to some temporary relief.
v) Attack on journalist Prabhat Singh:
An organized campaign has long been carried out against the local journalists
who have been reporting about the police excesses in the state. On 21st March
2016, Prabhat Singh, a local journalist working with ETV, was picked up by
policemen in plain clothes from his office and taken to Parapa police station
where he was illegally detained for a day and tortured all night. He was also
pressurized to write reports favouring the DIG Kalluri and was forced to sign a
number of blank documents. Prabhat Singh was then charged under Sections 67, 67
(A), 292 IT Act on the allegation that he had sent an obscene what’s app
message against a senior police officer. The complaint against Prabhat Singh
was registered at the behest of the members of the local vigilante group
Samajik Ekta Manch. A day before his illegal detention, his job at the ETV was
abruptly terminated without any prior notice, blatantly bringing to fore the
planned nature of attack against him. Singh had been reporting on fraudulent
arrests and fake encounters carried out by the Bastar police consistently since
2014 and had been threatened by the police against his reporting. In 2015,
three other cases had been registered against him in the district of Dantewada
including charges under The SC and the ST (Prevention Of Atrocities) Act, 1989
and the draconian Chhattisgarh Special Public Security Act, 2005. On 21st June
2016, the Chhattisgarh High Court granting him bail on all four cases
registered against him.
vi) Arrest of journalist Deepak
Jaiswal: On 26th March 2016, another journalist Deepak Jaiswal working for
Daindini newspaper, was arrested by the police when he had gone to the court to
file a bail application for Prabhat Singh. He was arrested in a seven month old
case in which Prabhat Singh also was a co-accused. The two journalists had
reported about a school in Geedam in Dantewada where teachers helped the
students cheat in the exam. After the report, the Principal had complained
against the two for forcibly entering the school and demanding money. The
arrest was made, however, only when Jaiswal had come in support of Prabhat
Singh on charges of trespassing, obstructing public servant from discharging
their duty, and assault against a public servant. Along with Someru Nag,
Santosh Yadav (see annexure dated 22nd February) and Prabhat Singh, Jaiswal
became the fourth journalist to be arrested in Chhattisgarh within less than
These instances of intimidation, harassment,
physical attacks, evictions, false cases, and arrests of activists in
Chhattisgarh, have continued unabated in the year 2016, much like the past. By
embroiling the journalists and activists in false cases and arresting and
torturing some of them, the police tries to ensure that crimes being committed
by Government forces and their allies do not get reported. By dragging in the
names of scholars and activists espousing the cause of the tribal rights, the
support and solidarity to the adivasis is increasingly restricted. By
intimidating and evicting legal helps such as JagLag, legal assistance to
adivasis is made difficult ensuring they languish in jail for innocence.
Findings of the CBI in the Tadmetla massacre, the NHRC in the Nendra sexual
violence or the High Court in Pottam’s encounter, need to be viewed as public
acknowledgement of that the ‘counter-Maoist operation’ in Chhattisgarh carried
out by security forces is a farce under the garb of which violence is being
perpetrated and vested interests are being served. The state continues to
foster vigilante groups such as AGNI which are nothing but revived forms of the
earlier disbanded Salwa Judum. The Supreme Court in a historic judgment in 2011
had declared the Salwa Judum unconstitutional, however, guises of the same have
been continually being operating as illegally armed local militias intimidating
democratic forces and silencing the truth.
Burning effigies in relation to the
Tadmetla findings in contempt of the Supreme Court order, disrupting the
process of exhumation and post-mortem ordered by the Chhattisgarh High Court
and continuing to arm and empower local goons against civilians, the
Chhattisgarh state police has also been trying to impede the interests of
justice by defying the judiciary. We, therefore, appeal for your urgent
intervention in the prevailing state of affairs in Chhattisgarh.
Cijo Joy and Anushka Singh
Committee for Protection of Democratic
Rights – Tamil Nadu, (CPDR-TN) strongly condemns the arrest of Advocate
Murugan, Secretary Centre for Protection of Civil Liberties (CPCL), on 8th
January by the Tamilnadu Q branch police. The police had gone to his house in
the early morning 4 o’clock, in the pretext of search operations with the
search warrant order from Karur district magistrate. And the Q branch police
arrested him under Unlawful Activities Prevention Act (UAPA) sections 18(a),
18(b), 20 and 38 & IPC 120(b) for allegedly arranging shelter for two women
Maoists who were arrested in Karur five months before. And they took with them
all the case documents , files, preparations for final arguments for some
cases, some common books and Homeopathy medicines & medical book.
Advocate Murugan has been in the civil
rights activity for more than 10 years and has been in the forefront taking up
the cause of political prisoners cases including that of maoists. He has also
been representing the two women maoists arrested five months before in Karur.
The court had issued search warrant of Advocate Murugan, in compliance with the
Q branch, in the Karur case. The order issued by the district magistrate should
have ordered restraint on the search, as he must know that advocates , who are
regarded as officers of the court, are part and parcel of the court and play
vital roles in the administration of justice, are bound to be in possession of
all documents for reference and defence of their clients who are accused before
court of law.
Section II of Bar Council of India
1975, in part VI chapter II provides for duties of advocates towards his
clients. Rules 15 and rules 19 has relevance to the same.
Rule 15 states that “ it shall be the
duty of an advocate fearlessly to uphold the interest of his client by all fair
and honourable means without regard to any unpleasant consequences to himself
or any other. He shall defend the person accused of a crime regardless of his
personal opinion as to the guilt of the accused, bearing in mind that his
loyalty to the law which requires that no man should be convicted without
Rules 19 states that “an advocate shall
not act on the instructions of any person other than his client or his authorized
And “ an advocate should not by any
means, directly or indirectly, disclose the communications made by his client
to him. He shall also not disclose the advice given by him in the proceedings
if it does not violate section 126 of the Indian Evidence Act, 1872.”
Advocate Murugan, in defence of maoist
clients being Indian citizens has only been discharging his duty as under the
provisions of advocate acts and it was not in any way violative of the legal
provisions and he is entitled for practice of his profession as guaranteed
under 19(g) of Constitution of india. Without any such restraints the karur
Court’s compliance with Police, the search warrant leaves Q branch the high
possibility of utilizing any defence materials of the advocate to implicate him
in the same case he is defending. This is a fundamental violation of the right
of the advocate to defend his client and lack of protection from the court
leaves total violation of fundamental right to justice of the advocate and thus
CPDR-TN considers the issuance of
search warrant on a court office without any restraints for safeguarding his
legal professions and practices guaranteed by Bar Council of India rules and
Indian Republican Constitution suffers from lack of application of mind.
CPDR-TN condemns the branding and
arresting of any Advocates defending the accused under UAPA and insists that
courts should regard that no one is guilty until proved before law and provide
complete protection for such advocates to ensure legal provisions.
CPDR-TN condemns the highhandedness of
Tamilnadu State police in arresting Advocate Murugan and implicating him in the
same case as the client he is defending as per the legal provisions.
CPDR-TN insists that Advocate Murugan
should be released immediately, unconditionally and all cases foisted upon him
be withdrawn and return all the case files and documents taken forthwith.
S. Gopal, General Secretary, Committee for Protection of Democratic Rights
– Tamil Nadu, (CPDR-TN)
Co-Written by Navaneeth & Shini J K
“If you resist, you will disappear
if you step aside, you will be ruined
are part of the game
There is only one way from hereon
Just come quietly
partake in all of this
You will thrive”
This is an excerpt from one of Perumal
murugan’s recent poetry collection named “A Coward’s Song” written during his
literary exile after being hounded by fascist hindutva and casteist forces a
year and a half back. Perumal murugan happens to belong to a series of other
writers, public intellectuals and activists who have been targeted over the
past 24 months by right wing fringe elements. Dhabolkar, Pansare and Kalburgi
were there before Perumal Murugan!
More recently, the series of incidents
that have happened in Kerala is highly alarming about the times we live in.
There have been a series of arrests in Kerala under the current CPM Government
on the allegations of disrespecting national anthem, supporting the Maoists and
on suspicions of Maoist links following the shocking Nilambur fake encounter
Ajitha and KuppuDevaraj were murdered
in the Nilambur forest by the thunderbolt under the same CPM Government.
“We cannot allow the republic killing
its own children, We hope there will be an answer. There will be a good and
– 14 January 2011, SC Division Bench of justices Aftab Alam and R M Lodha on
the fake encounter killing of Comrade Azad and Hemchandra Pandey.)
Many among the people who are now being
targeted are under the threat of UAPA and Sedition charges when the very
existence of these draconian laws are against the constitution and fundamental
rights, in principle.
Rajeesh Kollakkandi, a human rights
activist from Kerala and a member of Janakeeya Manushyaavakaasha Prasthaanam,
got suspended from the service for helping the families of the Maoists attacked
by the state. The charges on him are violation of code of conduct and he has
been charged under UAPA.
(Mere membership of banned organizations cannot be
grounds for incarceration, nor can speaking, writing or singing about
socio-economic injustices be criminalised. – Bombay high Court
in 2013, while granting bail for 4 members of Kabir Kala Manch)
Half a dozen people have been picked up
by the police from theatre during the International Film Festival of Kerala for
refusing to stand up for the National Anthem. Following this, well known
Malayalam Film Maker and this year’s festival director Kamal was targeted by
Yuva Morcha for being a Muslim, though he has always refused to live with a
The CPM which has now become the self
proclaimed vanguards of the nation from Jingoistic Nationalism is no different
from the BJP in power and other supporting right wing outfits in its fascistic
tendencies. Anything that is forced can only be a mockery and people have all
the right to not to conform to the ideas which they don’t believe in. A
country, which has failed to address the oppressed identities including Dalits,
Adivasis, Muslims, Kashmiris, people from the north-east, sexual and linguistic
minorities cannot all of a sudden demand everyone to stand up for its National
Within a few days, Malayalam writer,
theatre artist Kamal C Chavara has been picked up by the police on the
complaint filed by the Yuva Morcha o the allegations of disrespecting national
anthem in his novel “Smashaanangalude Nottupusthakam. A young activist Nadeer,
who visited Kamal in hospital was then picked up, under suspicions of Maoists
links, while him being a strong critic of Maoist ideology. Both their releases
could happen because of the pressure built by their supporters. Nadeer’s house
was still raided following his release.
Sudeep and Shafeek, two activists from
Kerala have charges on them for supporting the accused. It is our right to
question and critique the state and the judiciary when they go against the
will, fundamental rights and well being of its people. The state always has
possessed this classical tendency to criminalise the dissent, but recently,
with BJP coming into power with the support of other right wing outfits and
corporate giants, the socio-political situation has reached its worst. Similar
instances have been repeating in Kerala under the CPM Government. And, to add
on to this, it is important to remember that feudal, brahmanical and fascist
tendencies of CPM, the so-called left, is not very new.
Few days back, five students from
Maharajas College, Ernakulam have been arrested for writing on the walls. The
lines which they chose are actually from a poem by well known Malayalam Poet
Kureeppuzha Sreekumar. The students are released but still have charges on them
on the principal’s complaint. We all started our fights writing posters and
writing on the walls. When they criminalise the dissent, it’s high time to
reclaim our spaces.
We have lost Rohit and Najeeb under the
fascist regime. We can’t afford to loose more. There are more people who are
inside and outside the jail with the charges of UAPA and sedition. Abdul Nazer
Mahadani, Sakkariya, Thasleem, Shanto Lal, Ismail Hamza, Kannampilly Murali, M
N Ravunni, Sabu, Gauri, Chathu, Ajithan, Arun, Anoop, Thushar Nirmal Sarathy,
Jaison C Cooper, and the list never ends. Some are in Jail for years though
there is not enough evidence against the allegations made against them.
The state has been using the draconian
laws like UAPA and AFSPA for years against it’s own people to oppress the voice
of dissent. These laws, while going against the fundamental rights, provide the
state a chance to target people who raise their voice, without even going
“extra judicial”. We have examples like Dr G N Saibaba, Kabir Kala Manch, Arun
Ferreira and Koba Gandhi in the past. The state has been using the law as tools
to prevent the struggles of the oppressed and the marginalised. This is high
time we unite and stand against all the draconian laws and demand justice for
the political prisoners all across the country.
Whatever manifests in the society
through police-raj is a sign of having a corporate-fascist, right-wing state in
power, both at the centre and the state.
We conclude with what Albert Camus once
said, “The only way to deal with an unfree world is to become so absolutely
free that your very existence is an act of rebellion.” Love and Solidarity to
the people who have been attacked and targeted by the state for raising their
We Shall Fight,
We Shall Win.
Clearly rattled by the mounting body of
evidence of blatant violations of the rule of law and Constitutional rights
under the cover of anti-Maoist operations, the Bastar police has launched a
no-holds-barred attempt to silence all those who are calling them to account.
Advocate Shalini Gera and her
colleagues of JagLAG who were in Jagdalpur in connection with a case of false
encounter of a young Adivasi boy (1), were confronted on the night of 27
December by a police team which entered the dharamshala where they were staying
and accused them of trying to exchange demonetised notes on behalf of the
Maoists. Despite the fact that they were following up on an order by the Chhattisgarh
HC for exhumation and a second post-mortem in the case and their accommodation
had been arranged by the office of the Divisional Commissioner, Adv Shalini and
her colleagues were ordered to come to the police station for interrogation.
Attempts were also made to forcibly search their rooms and belongings. When
asked to produce a warrant, the SI in charge of the team became even more
aggressive and abusive. It took a personal call from the Divisional
Commissioner to the SI to force the police to back off.
A day later when she was back at her
office in Bilaspur,Adv Shalini received a call on her mobile from the SP
Bastar, Shri RN Dash. Shri Dash was calling from a private number which was
later identified as belonging to one Farukh Ali, a member of AGNI, a vigilante
group that enjoys the patronage of the Bastar police.
Speaking in an aggressive and offensive manner, Shri Dash insisted that he had
received complaints accusing Adv Shalini of being a Maoist agent, inciting
villagers against getting Aadhar cards, changing old currency notes for the
Maoists, spreading stories about police atrocities and other such random
allegations. Shri Dash asked Adv Shalini to come to Bastar for further
“interrogation”, to which she replied that she would not respond to
intimidation and would answer questions only if due process was followed.
When Adv Shalini called back on Shri
Dash’s official number to confirm if he was indeed the person who had just
threatened her, he at first refused to admit that he knew who she was but soon
lost his temper again, confirmed that he had called her, reiterated his claim
that there were complaints against her and told her not to “waste his time” by
calling him. Within a few hours after this conversation, copies of the
complaint and allegations against her were being circulated on social media by
Farrukh Ali, proving – if proof were needed – the close nexus between the
police and these violent so-called “independent civil society groups”.
It will be remembered that earlier this
year, the Bastar police unleashed a campaign of threats and intimidation
against local activists, media persons, human rights lawyers and others who
were investigating and exposing the systematic violations of human rights,
particularly sexual violence against Adivasi women by police and auxiliary
forces engaged in anti-Maoist operations. In response to complaints from WSS
and wide coverage in national newspapers, the National Human Rights Commission
took cognisance the issue and fielded an investigation team in March 2016. The
Chhattisgarh government has yet to respond to the report of this investigation.
Meanwhile, the Bastar police under the
command of Inspector-General SRP Kalluri has continued its attacks on human
rights defenders, activists and journalists, brazenly flaunting its disregard
for human rights and the rule of law. IG Kalluri has publicly opposed the
Supreme Court judgement in the Salwa Judum case, and has orchestrated the
formation of vigilante groups like AGNI that provide platforms for erstwhile Judum
leaders to continue their violent activities. Shri Kalluri reacted to his
indictment by the CBI in the Tadmetla atrocity, where police fired on unarmed
Adivasis and set an entire village on fire, by attacking Prof Nandini Sundar,
the petitioner in the Salwa Judum case, and attempting to implicate her in the
murder of a member of an anti-Maoist village-level vigilante squad.
The attack on Adv Shalini and her colleagues follows closely on the arrest of
seven members of a fact-finding team from the Telengana Democratic Forum who
were on their way to Bastar were summarily arrested, accused of exchanging
demonetised notes for Maoists and charged under the draconian provisions of the
Chattisgarh Public Security Act. The arrested persons include senior human rights
lawyers, Dalit rights activists and student leaders.
These patently illegal and outrageeous
attempts to subdue and silence human rights defenders are a signal of the
growing desperation of the Bastar police which has now been completely exposed
as a rogue force that has perpetrated a reign of terror in Bastar, turning it
into a war zone. Out of the 185 deaths by police firing during anti-Maoist
operations in the country during this year, 134 have been in Bastar. In the
majority of these cases, independent fact-finding teams have found these to be
cold-blooded killings of unarmed people, giving the lie to police claims that
they fired in self-defence or that villagers were caught in cross-fire. It is
this blood-soaked reality that the Bastar police are trying to cover up through
their blind vendetta against human rights defenders
The NHRC has taken suo motu cognisance
of the deteriorating situation in Bastar, and has summoned the Chief Secretary
of Chhattisgarh and IG Kalluri to explain the continuing attacks on human
rights defenders, journalists, lawyers and local activists under their watch.
Having ducked a previous summons by pleading ill-health, Shri Kalluri is now
due to appear before the NHRC on 16 January 2017.
We appeal to all democratic and peace-loving
individuals and groups to come together to condemn and resist these shameless
attempts to silence dissenting voices and undermine the Constitution, the
Supreme Court, the NHRC and other institutions of democratic governance in
1 WP Cr. 372/2016 (CG High Court) Kumma Pottam and Anr vs. State of
Chhattisgarh and Ors
Prevention Of Custodial Torture: SC Appoints Sr
Adv. Collin Gonsalves As Amicus Curiae
Name : ...........................NAGARAJA.M.R.
Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP
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Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of
Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College ,
Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural
death or Natural Death at the hands of criminal nexus , my body must be handed
over to JSS Medical College , Mysore for the study purposes of medical students.
Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit
& S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In
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Public Interest Litigation is an appeal for justice
to the courts , to redress the injustices meted out to the public.
Individual cases of injustices pertaining to an individual are not
covered under PIL, however an individual an activist who is
fighting for public causes suffering injustices as a result
of his struggle ,caused by powers that be to silence
him can club his individual case under the public causes (PIL
) he is appealing.
Nowadays people of questionable character , integrity are
being selected to public posts , end result is present day india. In the
following web sites I have shown few actual cases of crimes by judges
& police , just imagine what type of justice common man gets.
Traitors in Indian Judiciary & Police
Police show full bravery , courage ,
use full might of law while acting against innocents , commoners.
Even takes suo motto action. Frequently crosses legal limits while
acting against commoners like 3rd degree torture , arrest /
search , seizure without warrant , arrest in mid night , etc . While they
are supposed to take action against rich crooks , their own corrupt colleagues
no suo motto action , delayed action inspite of complaint allowing
time for rich crook to get anticipatory bail , no 3rd degree
torture on him , no arrest , search , seizure without warrant. Where is the
bravery , courage of police ?
Judges show their full wisdom , apply rigid law book while
judging cases of commoners , take suo motto action where as cases
involving rich crooks comes before them inspite of repeated PILs they don’t
consider it , let alone take suo motto action. Judges make far fetched
interpretations of law , ultimately benefitting the rich crook. Where is the
wisdom of Judges ?
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.
Powers that be , higher ups have referred all my previous
cases to police although in most of the cases police don’t have
jurisdiction over it. It sends a subtle message by police
force to the complainant to keep silent . In the remaining
cases which are under their jurisdiction police don’t act against
higher ups , high & mighty. In such cases police lack practical
powers , their hands are tied although they are honest. As a
end result , police have repeatedly called me to police
station number of times ( have never called guilty
influential persons even once) took statement from me
and closed the files. Hereby , I do make it clear the
statements made by me in my original petitions , PILs , news papers
, etc while I was in a free & fair atmosphere are
TRUE , over rides , prevails over all the statements made by me
before police earlier and which will be made by me in future
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
date : 03.01.2017…………………………..Your's
place : India…………………………………...Nagaraja.M.R.
PIL – Land Mafia , Judges
& RTI Activist Murder
An Appeal to Honourable Supreme
Court of India , Karnataka High Court & National Human Rights
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
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
Honourable Chief Secretary , Government of Karnataka & Others
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.
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. Eventhough , I have repeatedly appealed to government of karnataka
authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information
regarding illegal buildings , land encroachments specifically in mysore &
bangalore , they didn’t provide me information. Now one land scam after another
are tumbling out.
3. I have given certain details to authorities including judiciary , SCI
regarding land , lake encroachments in mysore when encroachment was at
preliminary stage. The authories could have stopped it , but they didn,t. Now ,
the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have
been encroached to maximum extent and criminals have made crores of rupees
4. Government authorities has not given title deeds to tribals living in forest
since centuries , government authorities has not given title deeds to landless
people , dalits who are cultivating on government land since decades.
5. Government authorities , police immediately evict , take suo motto action
when a poor family , nomadic family just erects a hutment on government land.
The same public servants , police don’t take action when a rich crook palatial
bungalow , business complex on government land , lake bed. Cann’t they see it.
, they can but are hands in glove with looters.
6. even some of the judges don’t take action when appeal for justice is made to
them , to evict encroachers , to stop encroachment. It may be quid pro quo
arrangement with crooks. See how many judges have benefitted from government
discretionary quota allotment of sites , illegal judicial layout , etc.
7. The land encroachers are not poor people below poverty line , they don’t
even have ability to build a pucca house. Encroachers are rich crooks , greedy
individuals with political connection. So they don’t deserve compassion.
8. Now , government of karnataka is trying to legalise illegalities in
buildings , land encroachments , which gives a booster dose to criminals to
commit more crimes.
9. As per equitable law if present land encroachments are legalized , in future
too government must legalize future land encroachments when ever it takes
10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka
legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB
officials evicted , demolished buildings of encroachers who didn’t cough up
bribes. The one who paid bribes , their encroachments , illegal buildings
survived and now getting legalized by government.
11. Now , as per equity who ever have been evicted from encroachments , who’s
illegal buildings demolished must get compensation from government. If not all
encroachers must be evicted & illegal buildings must be demolished.
12. Now Karnataka High Court has given green signal
to “AKRAMA SAKRAMA” scheme of government of Karnataka , therby HC Judges
are favoring land mafia , criminals.
13. It is the duty of the government , Police &
Court to give protection to journalists , whistle blowers ,
RTI Activists who are unearthing truths , crimes. But all of
them have failed in their duties to protect RTI Activist Mr.Srinath of
Mysuru who was brutally murdered.
14. Recently Karnataka high court gave
clearance to Karnataka government’s regularization of illegal
buildings ( AKRAMA SAKRAMA ) scheme.
a. Law is one & same for
b. Government authorities ,
police razes down , demolishes small temporary hutments built by tribals
, dalits without mercy , takes suo motto action. No
court comes to their rescue.
c. Till date bagar hukum
lands are not given to dalits , tribals are not given land
rights over their huts in forests. Is Cout blind , deaf ?
d. However when rich crooks
build bungalows , commercial complexes illegally , no suo motto
action taken by government authorizes , police , why ? Courts go a step
further it gives stay orders against demolition of rich crook’s
illegal buildings , asks government to modify plan , law itself to save
illegal buildings of rich crooks.
e. Does Karnataka HC has
details of exact number of building violations , buildings built on
forest lands , lake beds , raja kaluves with respective
after affects on neighbouring buildings , road traffic , ecology ,
etc and contingency plan by authorities to overcome those after affects
casewise backed by technical studies. Make it public.
f. What criminal action initiated
against revenue , police & other officials who failed in their
duties at the first instance to stop the illegal building
g. Small houses of poor
people who have smaller building violations but who
failed to bribe officials were dealt mercilessly. Their houses were razed
down . Now , will the HC order the government to compensate them , to rebuild
houses for them as the court is now saying they are legal now.
h. Government & HC has given a
cut off date for consideration of regularization
of illegal buildings. When a crime before that cut off date becomes legal , why
cann’t it be legal after that date ?
i. What guarantee HC gives no
illegal buildings has come up after cut off date and
will never come in future ?
j. If comes what criminal action
against the concerned officials ?
Bottomline : Judges open your eyes , listen , think & then act.
2. Question(s) of Law:
Is robbing another’s property right , legal ? is robbing land , lake – a public
property for private , individual use right ?
Is it NOT the duty of Police , Court
& Government to protect Rights , Lives of
Journalists , Whistle Blowers , RTI Activists and their family ?
Why they failed to protect the life of
Mysuru RTI Activist Mr. Srinath ?
Karnataka High Court Judges favoring Land Mafia
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 following RTI questions , to protect Rights ,
Lives of Journalists , Whistle Blowers , RTI Activists , their family
members and to annul Karnataka High Court order
legalizing illegal buildings in Karnataka.
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.
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 , Government of Karnataka authorities in the following cases to
perform their duties & to answer the questions raised above.
b. Hereby , I do request the honorable supreme court of India
for orders to concerned public servants , Government of
Karnataka to answer the following RTI questions.
c. Hereby , I do request the honorable supreme court of India
for orders to concerned public servants , Government of
Karnataka to protect Rights , Lives of Journalists , Whistle
Blowers , RTI Activists & their family members and
to pay compensation of minimum five crore rupees
to victim’s family from public exchequer. Afterwards the
property , money of alleged criminals & their family members
must be seized , money recovered by the public exchequer / government.
d. Hereby , I do request the honorable supreme court of India
for orders to government of Karnataka to apprehend ,
legally prosecute the criminals involved in the recent murder
of RTI Activist Mr. Srinath in Mysuru , to pay compensation of five
crore rupees from public exchequer to the family
of deceased and to seize all properties of alleged criminals.
e. Hereby , I do request the honorable supreme court of India
for orders to annul Karnataka High Court order
legalizing illegal buildings in Karnataka and to order all
Karnataka High Court Judges to make public their & their family
member’s full property , wealth details on sworn
f. Hereby , I do request the honorable supreme court of India
for orders to government of Karnataka officials ,
Revenue department officials , MUDA , BDA officials to make
public their & their family members full property ,
wealth details on sworn affidavit within 90 days.
Karnataka High Court Judges favoring Land
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