Judge Accountable Custodial Torture
DALIT ONLINE – e News Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.26......30 / 06 / 2019
Custodial death
As more horrifying details tumble out in Kerala custodial death case, 2 cops held
While the autopsy showed shocking details of custodial torture, including use of Falanga, investigation has also revealed that the cops had rubbed chill on Rajkumar’s private parts.
On Wednesday, the Crime Branch special team inquiring into the custodial torture and death of 49-year-old Rajkumar, a remand prisoner in a financial fraud case in Idukki, arrested two policemen. The arrested officers are former Nedumkandam SI KA Sabu and civil police officer Sajeev Antony.
The arrests are based on the custodial torture meted out to Rajkumar inside the Nedumkandam police station from June 12 to 15, Crime Branch special team officials said. After he was arrested, the SI collapsed and has been admitted to the Kottayam Medical College.
“The arrested policemen admitted the custodial torture, they revealed that they had tortured Rajkumar to recover the money,” said Crime Branch sources. According to the police, Rajkumar had cheated 34 self-help groups after taking money from them.
On Tuesday, the Crime Branch special team revealed that policemen in the Nedumkandam station rubbed Kantari mulagu (a type of chilli) on Rajkumar’s private parts. Apart from this, the policemen did not allow Rajkumar to sleep during the four days he was in their custody, said Crime Branch sources.
Meanwhile, Manju, third accused in the financial fraud case, on Wednesday said she had no connection with the Nedumkandam based Haritha Finance. “Only Rs 20 lakh were collected from others on the banner of the financial institution. Rajkumar managed all the financial dealings in the company. The collected money was handed over to a Malappuram native named Nasar every day at Kumily,” she said.
Kasthuri Bhavanil Rajkumar (49), a resident of Kolahalamedu in Idukki, who was arrested in a financial fraud case on June 12, was in the custody at the Nedumkandam police before he was produced in the Magisterial Court only on June 16. Rajkumar, who was admitted to the taluk hospital at Peermedu on June 21, died there on the same day.
To inquire into the custodial death, the government formed a seven-member Crime Branch team last week. The officials said they will submit an interterm report on the custodial death within two days. As part of disciplinary action, the government suspended eight policemen and transferred five others attached to the Nedumkandam police station.
The deceased’s autopsy report also revealed shocking details of custodial torture Rajkumar experienced at the hands of the police.
Meanwhile, another alleged custodial torture by the Nedumkandam police has come to light. Nedumkandam resident Hakkim, an accused in a family dispute case, on Tuesday revealed that he was tortured at the station and that he was there when Rajkumar was in custody.
Following a family dispute, Hakkim was summoned to the Nedumkandam police station on June 15. “The police attacked me brutally inside the police station without any provocation. I heard cries of someone in the lock-up and suspect that it was Rajkumar,” Hakkim claimed.
“When I was being beaten up, I was holding on to the lock-up bars in the police station. When I was continuously struck, the bars bent due to the impact. Then the police threatened me that if I didn’t repair the bars they would file a non-bailable case against me. My mother had to then get it repaired,” Hakkim said.
22 injuries, 'Falanga' torture used: Shocking autopsy of Kerala custodial death victim
Rajkumar was so weak that he could not walk to the court, but a magistrate walked to his jeep and placed him in judicial custody.
Over a week after the death of 49-year old Rajkumar, a remand prisoner in Idukki, the deceased’s autopsy report reveals shocking details of custodial torture he experienced at the hands of the police.
TNM accessed the autopsy report which highlights 22 injuries across Rajkumar’s body. Four of his ribs were also fractured apart from his sternum. Contusions detected on the soles of his feet indicate that Rajkumar was subjected to the infamous Falanga torture which involves continuously beating the soles of the victim’s feet. This was mentioned in the autopsy report.
A native of Kolahalamedu in Vagamon who was accused in a financial fraud case, Rajkumar was picked up for questioning by the Nedukandam police on June 12, according to his relatives. However, his arrest was recorded only on June 16, 4 days after he was taken into custody.
While the post mortem mentions that pneumonia was the cause of death, it clearly states that the victim had suffered blunt force injuries.
Multiple media reports also allege that the deceased had been denied drinking water and this had deteriorated his health condition. According to a Manorama report which quoted a fellow inmate at the Peermedu sub jail where Rajkumar was remanded, the deceased was seen begging for water and collapsing. Rajkumar’s relatives too have repeated this allegation.
“He had said that his hands and legs were hurting and requested for some water. But the officers said that he did not need to drink water now. This is what his fellow inmate had witnessed and he even spoke to the media about this,” said Antony, Rajkumar’s relative.
Speaking to TNM, Rajkumar’s relatives had earlier said that he was beaten up for hours in his house where he was questioned before being taken into custody.
“He was beaten up badly in his house while the police came to question him on the 12. On June 15, he was taken to the Nedukandam hospital as he complained of chest pain. The doctor there referred him to the Kottayam Medical college hospital as he had a lot of injuries. However, instead of taking him there, the officers took him to the magistrate instead and remanded him to Peermedu sub jail. He was brought to the jail at 1:20 am and he died 5 days later on June 21,”said Antony, a relative.
On June 15, an extremely weak Rajkumar was produced before the Idukki magistrate where he was remanded to the Peermedu sub jail. .
Following the post mortem report, the Kerala High Court has now intervened and ordered a probe against the Idukki magistrate, Reshmi Raveendran, for remanding the deceased despite him being extremely physically weak. The court has asked for a detailed report from the magistrate on the incident.
“He was so weak he could not walk to the court and the magistrate had to come to the police vehicle to take his statement. Even after that he was remanded to judicial custody,” added Antony.
Rajkumar breathed his last on June 21 while being admitted at Peermedu Taluk Hospital.
A total of 8 police officers have now been suspended from the force following investigations into his death. The suspended officers include SI KA Sabu, ASI CB Rejimon, drivers Niyas and Sajimon, writer Roy P Varghese, assistant writer Syamkumar and senior civil police offices Biju Lukose and Santhosh.
A special investigation team of the Crime Branch has been formed to probe the custodial death
Editorial : Hang Corrupt Police & Corrupt Judges
- An Appeal to Honourable Supreme Court of India & Honourable National Human Rights Commisssion
At the outset , our salutes to honest few left in police & judiciary. It is an appeal to them to catch & legally prosecute their corrupt, cruel , inhuman colleagues.
Many times police summon ordinary public to police stations without any official written summons , will be illegally detained orelse they are shifted to other inaccessible locations for interrogations. In few cases when the detainee dies due to 3rd degree torture , body is thrown out. Nobody can pin police for such crimes , it will be booked as a murder by unknown persons.
In lock up death cases the whole police force , government officials including doctors work like a mafia in destroying evidences , threatening witnesses all to cover up crimes of police. example below mentioned Uday Kumar Lock up death in Kerala.
Hereby we request Honourable SCI & NHRC to constitute enquiry committee consisting members of NGOs , local public to probe lock up death cases and to award capital punishment to such police officials. Also , properties of such police officials must be attached and compensation paid to victim’s family. The guilty police official’s family members must not enjoy luxurious lifestyle out of ill gotten money of police.
2 police officers get death for Udayakumar’s murder
https://timesofindia.indiatimes.com/city/thiruvananthapuram/2-police-officers-get-death-for-udayakumars-murder/articleshow/65140167.cms
Two Kerala policemen get death for custodial death, three get rigorous imprisonment
The court had convicted these five for the custodial death of a 26-year-old man at the police station in September 2005
Thiruvananthapuram: A CBI Special Court here on Wednesday sentenced to death two policemen and three others to rigorous imprisonment for three years in a case of custodial torture and death 13 years ago.
Those handed out capital punishment include Constables K. Jithukumar and S.V. Sreekumar, who had detained Udayakumar who later died in custody.
Those found guilty of conspiracy and destroying evidence are then Sub-Inspector Ajith Kumar, Circle Inspector E.K. Sabu and then Assistant Commissioner of Police K. Haridas.
The court on Tuesday had convicted these five for the custodial death of the 26-year-old man at the Fort police station in September 2005.
Police had detained two friends, Udayakumar and Suresh Kumar, on the charge of theft. When Udayakumar was let off later, policemen were irked when he asked for Rs 4,000 taken from his pocket by the police while he was in custody. He was brutally tortured with an iron rod, following which he died.
Udayakumar's mother Prabhavathi Amma had approached the Kerala High Court for a probe by the Central Bureau of Investigation.
"This is the best news I am hearing," she told the media as she broke down.
"Justice has been finally delivered to my son and me. It should serve as a lesson to all policemen never to use force against people. Such fate (her son's) should never befall anyone again," she added.
“It was just before the Onam festival that my son was brutally killed by these policemen. And see, Onam is now round the corner... just as my son could not eat his Onam meal then, these policemen will not be able to eat theirs this time," the aged woman said
Even as Udayakumar killers get death, Sreejith still fights outside Kerala Secretariat
News media as well as social media called it justice for Udayakumar’s mother after 13 long years. But one young man sitting outside the Kerala secretariat disagrees..
People in Kerala woke up on Thursday morning to pictures of Prabhavathi Amma in the front pages of all major newspapers. The 67-year-old was in tears after a CBI special court sentenced two policemen to death, for the custodial murder of her son in 2005.
News media as well as social media called it justice for the mother after 13 long years. But one young man sitting outside the Kerala secretariat disagrees.
Sreejith, who has been sitting in protest for 957 days now, asks, “How can you call it justice when it took 13 years to come out with a verdict?”
Sreejith's brother Sreejeev, too, was a victim of custodial violence – in 2014. “For a mother, the loss of her son cannot be replaced by anything. I don’t think she will feel any happiness even if the guilty are punished," says Sreejith.
In January this year, following a social media storm, Sreejith was able to gain massive support from different corners of the state. While common people marched for him on the streets of Kerala, actors like Nivin Pauly, Parvathy and Tovino Thomas also spoke up for him.
Speaking about all the support that seems to have died down now, Sreejith says, “It was something I didn’t call for. It picked up by itself.”
“Even as thousands gathered to support me, there were certain groups of people who were trying to hijack the cause and to take it away from me,” he adds.
Sreejith fears that these were people who were closely associated with the police and the people in power.
“Just last month, I had filed a complaint with the CM of Kerala saying that if people who are responsible for the murder of my brother are not brought under the law before my protest reaches 1000 days, then I will stage a fast unto death,” says Sreejith.
Sreejith also says that for the first time since he had started protesting, he would like the people of the state to stand by him.
“Earlier this year, people of the state came together for me without me requesting them to do so. But right now, I desperately need the support of the people,” he says.
Though the CBI started investigating the case this year after tremendous public pressure forced the Kerala government to approach the agency, Sreejith resumed his strike after his statement was recorded by CBI.
In his 957 days of protest, Sreejith has gone on a hunger strike many times and he tells TNM that he’s been on a hunger strike for the past 4 days.
Sreejeev's death
Sreejith’s brother Sreejeev was taken into custody by the Parassala police on allegations of theft in May 2014. Days after this, Sreejeev died in a hospital. While police officials maintain that Sreejeev consumed poison, his family accused the officers of murder.
In 2016, the Police Complaint Authority investigation found that his death was indeed caused by custodial torture and that the police version of the event was false.
Lock-up death: Nine policemen booked for murder
https://timesofindia.indiatimes.com/city/bareilly/Lock-up-death-Nine-policemen-booked-for-murder/articleshow/54487703.cms
Lock up Death in Mandya
https://m.dailyhunt.in/news/india/english/star+of+mysore-epaper-smysore/lock+up+death+in+mandya-newsid-92246185
Q&A – Honourable Chief Justice of India
https://sites.google.com/site/dalitoonline/q-a---honourable-cji
Almost 900 judicial custody deaths recorded in 2017, reveals RTI: Maharashtra tops chart of deaths in police lock-ups
A total of 894 deaths in judicial custody — and 74 deaths in police custody — have been recorded in India in 2017, an RTI response to Firstpost revealed.
The letter, signed by the joint registrar (Law) of the National Human Rights Commission, stated that Uttar Pradesh leads the chart of deaths in judicial custody by a significant margin, with 204 deaths recorded in the period between 1 January, 2017 and 2 August, 2017. The state was followed by Punjab with 76 deaths and Bihar with 64 deaths.
Uttar Pradesh, however, has a history of consistently topping the charts of judicial custody deaths in the country.
Uttar Pradesh Inspector General of Police (Prisons) Pramod Kumar Mishra blamed the statistics on the high number of prisoners registered in the state's prisons. "We have over 95,000 inmates in our jails, which is way more than the number in any other state. When you count the deaths per ten thousand prisoners, I don't think we will stand out as much," he said.
"One cannot see the numbers in isolation; you have to put it in perspective. We have 22 crore people in Uttar Pradesh — you cannot compare us with Kerala which has 3.5 crore people," Additional Director General (ADG) of Uttar Pradesh Police Anand Kumar said, adding that the subject does not come directly under his jurisdiction. "I am not contesting the numbers given by NHRC, but in a populous state like Uttar Pradesh, a lot of these deaths might have also happened due to natural causes," he said.
ADG Bhushan Kumar Upadhyay of Maharashtra Police says that the numbers were worse before. "With better medical facilities, counselling sessions, and marking prisoners with suicidal tendencies, we are trying to bring the number of deaths in prisons down to a minimum," he said.
Of the 74 deaths in police custody in 2017, Maharashtra leads the tables with 16 deaths recorded until 2 August, 2017. Telangana comes a distant second with 7 deaths, while Karnataka recorded a third-highest 5 deaths in police custody this year.
A senior police official with the Maharashtra Police who wished to remain anonymous suggested that the numbers are not a cause of worry. "I don’t think the situation is particularly bad here. It can also be because of the sincerity of a police force in keeping records— we are sometimes too efficient in putting everything on paper," he said.
"Often, the numbers are misleading. Recently, our men helped a dying beggar on the streets and moved her to a hospital, but the doctor declared her dead on arrival. Now this gets recorded in the list of police custody deaths in Mumbai," he added, "Another incident involved a very sick prisoner. Since the jail was under-staffed, they [the prisons department] requested us to send a man to guard the prisoner in the hospital. When the prisoner died in the hospital due to his sickness, the death got recorded as a police custody death."
Of the 16 deaths in Maharashtra, two have been recorded in Mumbai, according to the RTI.
In July, a Dalit boy, Vinayakan, committed suicide in Kerala, allegedly after he suffered physical and mental torture in police custody— an allegation that was later confirmed in the post-mortem report. Cases like Vinayakan's open a car of worms as custodial deaths in the country often go unreported, if not unpunished.
PIL – 3rd Degree Torture for Corrupt Police Corrupt Judges
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018
IN THE MATTER OF
NAGARAJA . M.R
editor DALIT ONLINE
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner
Versus
Honourable Union Home Secretary , GOI
Honourable Chief Secretary , Government of Karnataka & 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:
Only in a free & fair atmoshphere without undue influence or pressure , a person can tell truth. Recently in many high profile cases like Sohrabuddin fake encounter case witnesses are turning hostile , but courts are not taking action against the responsible police. In few other cases , police use 3rd degree torture methods on suspects to fit them in the cases. Even when the accused appeals to judge for his protection from 3rd degree torture by police , judge still remands him to police custody. Example Gauri Lankesh case.
2. Question(s) of Law:
Is it not the duty of presiding judge of a case to ensure safety of defendant , accused , complainant & witnesses ? When police or others use 3rd degree torture on accused , witnesses , etc are NOT such Police & Judge Punishable ?
If Judges , Police , Advocates have accepted 3rd degree torture as a right method to elicit truth from suspects, ok. When police subject an accused / a commoner to 3rd degree torture about a crime / theft of hundred rupees , why not police who have robbed crores of rupees ( dacoity by police near yelwal mysuru ) are subjected to 3rd degree torture by their colleagues? why not police torture former DGP for his involvement in lottery scam ? Why not police torture their colleagues who have links , pass information to Dawood Ibrahim ? Why not police torture Present CJI Dipak Mishra to elicit truth about fake affidavit , kalikho pul case , Prasad education trust ? Why not police torture Karnataka high court judges involved in mysore roost resort sex scandal ? All for eliciting truth. Why NOT ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
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 cases to perform their duties.
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 , GOI , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h. Hereby , I do request the honorable supreme court of India to order Government of Karnataka to provide protection to all the accused in Gauri Lankesh Case and to legally prosecute the guilty police officials for attempt to murder charges. Also to legally prosecute the presiding judge of the case who failed to do his duty in protecting the accused.
i. In Sohrabuddin Fake Encounter Case hostile witnesses have crossed 50 numbers. Either now they are under police threat, pressure &are lying orelse years back they were under police threat , pressure and lied previously. Either the present police are guilty or the previous ones. Therefore honourable court must first prosecute responsible police for criminal charges of covering up crime, cheating & misleading the court , contempt of court. Also the advocates of case at that time who together with guilty police mislead the court must also be prosecuted for the same criminal charges. Above all the judge who failed to protect witnesses from police threat must be prosecuted. Otherwise it is no justice , only power of ruling elite who always wins.
j. to order state police , central intelligence to subject the police officials , judges also to 3rd degree torture methods when they face allegations of corruption , illegalities , to elicit truth just as in the case of commoners. FAIR JUSTICE.
k. 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 : 03rd July 2018 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Editorial : Corrupt Judges & 5 Star Jails
- Safety of Jail Inmates Responsibility of Judges
The presiding judge of the case who issues arrest warrant against a person , who rejects the bail plea of the accused and the judge who remands accused to police custody / judicial custody is fully responsible for safety , human rights of the prison / jail inmates. Use of 3rd degree torture is rampant in jails and in all such cases , respective presiding judges must be made to pay compensation from their pockets and judges must be charged for AIDING & ABETTING THE MURDER ATTEMPT on prisoner by jail / police authorities.
In the same way , it is the duty of the presiding judge who convicted or remanded a person to jail , to ensure whether the person is getting RIGHT PUNISHMENT as per law whether less or more in jail and to ensure right punishment for him.
Rich & mighty criminals are getting lesser punishment than the “ Judgement “ , enjoying luxurious lifestyles within jails , whereas poor people are exposed to harsh punishment , 3rd degree torture within jail which are not permitted by law / judgement.
This can only happen with the connivance of corrupt judges & police. Why not legal prosecution of corrupt judges & police and putting judges , police behind bars ? Are the JUDGES & POLICE above Law ?
Presiding Judge who convicted Sasikala & Police fully responsible for 5 Star Jail life of Sasikala & Ilavarasi Watch :
https://www.youtube.com/watch?v=zS3JvO8ys-g ,
https://www.youtube.com/watch?v=y2Nsi_dBUl0 ,
https://www.youtube.com/watch?v=_0pUTMYwyFA ,
https://www.youtube.com/watch?v=vveQcSvzUx8 ,
https://www.youtube.com/watch?v=n8ryW-ePAUU
Are CJI & Supreme Court Judges sleeping or conniving ? Anyway SCI Judges get lakhs of rupees salary , 5 star bungalow , car , etc even if does duty properly or improperly.
PIL – Compensate Prisoners illegally detained
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
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
....Petitioner
Versus
Honourable Chief Secretary , Government of Karnataka & 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.
Majority of prisoners in Indian jails belong to poor , minority , oppressed sections of society and 2/3rd of prison population comprises of undertrials. Are not there any criminals among rich , affluent and forward castes , majority community ? It proves the bias , prejudice of police , establishment. There are good , honest people as well as criminals in all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament , but due to their caste , financial clout escaping from conviction , legal prosecution.
As per law , all citizens of india are equal. However under trials ( who are innocents till proven guilty ) are discriminated in Indian jails. Ordinary citizens / accused are crammed in rooms resembling pig stays . whereas accused from rich / influential back grounds are given separate rooms with cot , bed , television , news paper , etc.
As per law , all citizens of india are equal. A criminal is a criminal . However Indian prison authorities discriminates here also. Former ministers who looted crores of rupees from public exchequer , corporate persons industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar are treated like slaves , pigs don’t get proper food , health care.
India Jail Manual procedures differentiate prisoners based on their caste , social background , while allotting prison cells , food , visitor facility , parole , mandatory work , recreation facilities - which in itself is illegal.
Apart from this , corruption in Indian jails is rampant. Prisoners with money , influence get everything within jail itself , mobile phone , drugs , fire arms , etc. some mafia dons run their empire from prison itself.
Poor prisoners are tortured by police , jail personnel and criminals within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination jail authorities are promoting small time criminals to commit bigger crimes to get royal treatment in society as well as in jail.
Few prisoners convicted by lower court due to bias of police , prosecutor & lower court judges are acquitted by higher courts. However due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for years , decades. But the culprits Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this manner even innocents are killed in fake encounters or by death sentence.
It is the duty of the judge who awards jail sentence to a convict or an accused , to ensure his safety , health care and to see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.
If the Supreme Court of India , NHRC delays in acting on this PIL petition resulting in prolonged imprisonment of undertrials , convicts or Innocents , Supreme Court of India / NHRC judges also jointly become responsible for the crimes against those illegally imprisoned and SCI judges are also equally responsible to pay compensation from their personal pockets.
2. Question(s) of Law:
Are not all prisoners equal ? is not theft of ten rupees or theft of thousand crores of rupees , both crimes ? Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty of a judge who has awarded jail sentence to an accused / a convict , to ensure safety , health care of the said prosiner ? is it not the duty of the judge to monitor whether the convict is getting right punishment as per law nothing less nothing more ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
4. Averment:
Prosecute Sanjay Dutt under TADA
https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada ,
Revoke Bail of Salman Khan
https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,
Aeroplane Rides for Corrupt Police Corrupt Judges
https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges ,
Traitors in Judiciary & Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police
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 cases to perform their duties.
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 , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h . 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 : 01st July 2017 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,
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Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.26......30 / 06 / 2019
Custodial death
As more horrifying details tumble out in Kerala custodial death case, 2 cops held
While the autopsy showed shocking details of custodial torture, including use of Falanga, investigation has also revealed that the cops had rubbed chill on Rajkumar’s private parts.
On Wednesday, the Crime Branch special team inquiring into the custodial torture and death of 49-year-old Rajkumar, a remand prisoner in a financial fraud case in Idukki, arrested two policemen. The arrested officers are former Nedumkandam SI KA Sabu and civil police officer Sajeev Antony.
The arrests are based on the custodial torture meted out to Rajkumar inside the Nedumkandam police station from June 12 to 15, Crime Branch special team officials said. After he was arrested, the SI collapsed and has been admitted to the Kottayam Medical College.
“The arrested policemen admitted the custodial torture, they revealed that they had tortured Rajkumar to recover the money,” said Crime Branch sources. According to the police, Rajkumar had cheated 34 self-help groups after taking money from them.
On Tuesday, the Crime Branch special team revealed that policemen in the Nedumkandam station rubbed Kantari mulagu (a type of chilli) on Rajkumar’s private parts. Apart from this, the policemen did not allow Rajkumar to sleep during the four days he was in their custody, said Crime Branch sources.
Meanwhile, Manju, third accused in the financial fraud case, on Wednesday said she had no connection with the Nedumkandam based Haritha Finance. “Only Rs 20 lakh were collected from others on the banner of the financial institution. Rajkumar managed all the financial dealings in the company. The collected money was handed over to a Malappuram native named Nasar every day at Kumily,” she said.
Kasthuri Bhavanil Rajkumar (49), a resident of Kolahalamedu in Idukki, who was arrested in a financial fraud case on June 12, was in the custody at the Nedumkandam police before he was produced in the Magisterial Court only on June 16. Rajkumar, who was admitted to the taluk hospital at Peermedu on June 21, died there on the same day.
To inquire into the custodial death, the government formed a seven-member Crime Branch team last week. The officials said they will submit an interterm report on the custodial death within two days. As part of disciplinary action, the government suspended eight policemen and transferred five others attached to the Nedumkandam police station.
The deceased’s autopsy report also revealed shocking details of custodial torture Rajkumar experienced at the hands of the police.
Meanwhile, another alleged custodial torture by the Nedumkandam police has come to light. Nedumkandam resident Hakkim, an accused in a family dispute case, on Tuesday revealed that he was tortured at the station and that he was there when Rajkumar was in custody.
Following a family dispute, Hakkim was summoned to the Nedumkandam police station on June 15. “The police attacked me brutally inside the police station without any provocation. I heard cries of someone in the lock-up and suspect that it was Rajkumar,” Hakkim claimed.
“When I was being beaten up, I was holding on to the lock-up bars in the police station. When I was continuously struck, the bars bent due to the impact. Then the police threatened me that if I didn’t repair the bars they would file a non-bailable case against me. My mother had to then get it repaired,” Hakkim said.
22 injuries, 'Falanga' torture used: Shocking autopsy of Kerala custodial death victim
Rajkumar was so weak that he could not walk to the court, but a magistrate walked to his jeep and placed him in judicial custody.
Over a week after the death of 49-year old Rajkumar, a remand prisoner in Idukki, the deceased’s autopsy report reveals shocking details of custodial torture he experienced at the hands of the police.
TNM accessed the autopsy report which highlights 22 injuries across Rajkumar’s body. Four of his ribs were also fractured apart from his sternum. Contusions detected on the soles of his feet indicate that Rajkumar was subjected to the infamous Falanga torture which involves continuously beating the soles of the victim’s feet. This was mentioned in the autopsy report.
A native of Kolahalamedu in Vagamon who was accused in a financial fraud case, Rajkumar was picked up for questioning by the Nedukandam police on June 12, according to his relatives. However, his arrest was recorded only on June 16, 4 days after he was taken into custody.
While the post mortem mentions that pneumonia was the cause of death, it clearly states that the victim had suffered blunt force injuries.
Multiple media reports also allege that the deceased had been denied drinking water and this had deteriorated his health condition. According to a Manorama report which quoted a fellow inmate at the Peermedu sub jail where Rajkumar was remanded, the deceased was seen begging for water and collapsing. Rajkumar’s relatives too have repeated this allegation.
“He had said that his hands and legs were hurting and requested for some water. But the officers said that he did not need to drink water now. This is what his fellow inmate had witnessed and he even spoke to the media about this,” said Antony, Rajkumar’s relative.
Speaking to TNM, Rajkumar’s relatives had earlier said that he was beaten up for hours in his house where he was questioned before being taken into custody.
“He was beaten up badly in his house while the police came to question him on the 12. On June 15, he was taken to the Nedukandam hospital as he complained of chest pain. The doctor there referred him to the Kottayam Medical college hospital as he had a lot of injuries. However, instead of taking him there, the officers took him to the magistrate instead and remanded him to Peermedu sub jail. He was brought to the jail at 1:20 am and he died 5 days later on June 21,”said Antony, a relative.
On June 15, an extremely weak Rajkumar was produced before the Idukki magistrate where he was remanded to the Peermedu sub jail. .
Following the post mortem report, the Kerala High Court has now intervened and ordered a probe against the Idukki magistrate, Reshmi Raveendran, for remanding the deceased despite him being extremely physically weak. The court has asked for a detailed report from the magistrate on the incident.
“He was so weak he could not walk to the court and the magistrate had to come to the police vehicle to take his statement. Even after that he was remanded to judicial custody,” added Antony.
Rajkumar breathed his last on June 21 while being admitted at Peermedu Taluk Hospital.
A total of 8 police officers have now been suspended from the force following investigations into his death. The suspended officers include SI KA Sabu, ASI CB Rejimon, drivers Niyas and Sajimon, writer Roy P Varghese, assistant writer Syamkumar and senior civil police offices Biju Lukose and Santhosh.
A special investigation team of the Crime Branch has been formed to probe the custodial death
Editorial : Hang Corrupt Police & Corrupt Judges
- An Appeal to Honourable Supreme Court of India & Honourable National Human Rights Commisssion
At the outset , our salutes to honest few left in police & judiciary. It is an appeal to them to catch & legally prosecute their corrupt, cruel , inhuman colleagues.
Many times police summon ordinary public to police stations without any official written summons , will be illegally detained orelse they are shifted to other inaccessible locations for interrogations. In few cases when the detainee dies due to 3rd degree torture , body is thrown out. Nobody can pin police for such crimes , it will be booked as a murder by unknown persons.
In lock up death cases the whole police force , government officials including doctors work like a mafia in destroying evidences , threatening witnesses all to cover up crimes of police. example below mentioned Uday Kumar Lock up death in Kerala.
Hereby we request Honourable SCI & NHRC to constitute enquiry committee consisting members of NGOs , local public to probe lock up death cases and to award capital punishment to such police officials. Also , properties of such police officials must be attached and compensation paid to victim’s family. The guilty police official’s family members must not enjoy luxurious lifestyle out of ill gotten money of police.
2 police officers get death for Udayakumar’s murder
https://timesofindia.indiatimes.com/city/thiruvananthapuram/2-police-officers-get-death-for-udayakumars-murder/articleshow/65140167.cms
Two Kerala policemen get death for custodial death, three get rigorous imprisonment
The court had convicted these five for the custodial death of a 26-year-old man at the police station in September 2005
Thiruvananthapuram: A CBI Special Court here on Wednesday sentenced to death two policemen and three others to rigorous imprisonment for three years in a case of custodial torture and death 13 years ago.
Those handed out capital punishment include Constables K. Jithukumar and S.V. Sreekumar, who had detained Udayakumar who later died in custody.
Those found guilty of conspiracy and destroying evidence are then Sub-Inspector Ajith Kumar, Circle Inspector E.K. Sabu and then Assistant Commissioner of Police K. Haridas.
The court on Tuesday had convicted these five for the custodial death of the 26-year-old man at the Fort police station in September 2005.
Police had detained two friends, Udayakumar and Suresh Kumar, on the charge of theft. When Udayakumar was let off later, policemen were irked when he asked for Rs 4,000 taken from his pocket by the police while he was in custody. He was brutally tortured with an iron rod, following which he died.
Udayakumar's mother Prabhavathi Amma had approached the Kerala High Court for a probe by the Central Bureau of Investigation.
"This is the best news I am hearing," she told the media as she broke down.
"Justice has been finally delivered to my son and me. It should serve as a lesson to all policemen never to use force against people. Such fate (her son's) should never befall anyone again," she added.
“It was just before the Onam festival that my son was brutally killed by these policemen. And see, Onam is now round the corner... just as my son could not eat his Onam meal then, these policemen will not be able to eat theirs this time," the aged woman said
Even as Udayakumar killers get death, Sreejith still fights outside Kerala Secretariat
News media as well as social media called it justice for Udayakumar’s mother after 13 long years. But one young man sitting outside the Kerala secretariat disagrees..
People in Kerala woke up on Thursday morning to pictures of Prabhavathi Amma in the front pages of all major newspapers. The 67-year-old was in tears after a CBI special court sentenced two policemen to death, for the custodial murder of her son in 2005.
News media as well as social media called it justice for the mother after 13 long years. But one young man sitting outside the Kerala secretariat disagrees.
Sreejith, who has been sitting in protest for 957 days now, asks, “How can you call it justice when it took 13 years to come out with a verdict?”
Sreejith's brother Sreejeev, too, was a victim of custodial violence – in 2014. “For a mother, the loss of her son cannot be replaced by anything. I don’t think she will feel any happiness even if the guilty are punished," says Sreejith.
In January this year, following a social media storm, Sreejith was able to gain massive support from different corners of the state. While common people marched for him on the streets of Kerala, actors like Nivin Pauly, Parvathy and Tovino Thomas also spoke up for him.
Speaking about all the support that seems to have died down now, Sreejith says, “It was something I didn’t call for. It picked up by itself.”
“Even as thousands gathered to support me, there were certain groups of people who were trying to hijack the cause and to take it away from me,” he adds.
Sreejith fears that these were people who were closely associated with the police and the people in power.
“Just last month, I had filed a complaint with the CM of Kerala saying that if people who are responsible for the murder of my brother are not brought under the law before my protest reaches 1000 days, then I will stage a fast unto death,” says Sreejith.
Sreejith also says that for the first time since he had started protesting, he would like the people of the state to stand by him.
“Earlier this year, people of the state came together for me without me requesting them to do so. But right now, I desperately need the support of the people,” he says.
Though the CBI started investigating the case this year after tremendous public pressure forced the Kerala government to approach the agency, Sreejith resumed his strike after his statement was recorded by CBI.
In his 957 days of protest, Sreejith has gone on a hunger strike many times and he tells TNM that he’s been on a hunger strike for the past 4 days.
Sreejeev's death
Sreejith’s brother Sreejeev was taken into custody by the Parassala police on allegations of theft in May 2014. Days after this, Sreejeev died in a hospital. While police officials maintain that Sreejeev consumed poison, his family accused the officers of murder.
In 2016, the Police Complaint Authority investigation found that his death was indeed caused by custodial torture and that the police version of the event was false.
Lock-up death: Nine policemen booked for murder
https://timesofindia.indiatimes.com/city/bareilly/Lock-up-death-Nine-policemen-booked-for-murder/articleshow/54487703.cms
Lock up Death in Mandya
https://m.dailyhunt.in/news/india/english/star+of+mysore-epaper-smysore/lock+up+death+in+mandya-newsid-92246185
Q&A – Honourable Chief Justice of India
https://sites.google.com/site/dalitoonline/q-a---honourable-cji
Almost 900 judicial custody deaths recorded in 2017, reveals RTI: Maharashtra tops chart of deaths in police lock-ups
A total of 894 deaths in judicial custody — and 74 deaths in police custody — have been recorded in India in 2017, an RTI response to Firstpost revealed.
The letter, signed by the joint registrar (Law) of the National Human Rights Commission, stated that Uttar Pradesh leads the chart of deaths in judicial custody by a significant margin, with 204 deaths recorded in the period between 1 January, 2017 and 2 August, 2017. The state was followed by Punjab with 76 deaths and Bihar with 64 deaths.
Uttar Pradesh, however, has a history of consistently topping the charts of judicial custody deaths in the country.
Uttar Pradesh Inspector General of Police (Prisons) Pramod Kumar Mishra blamed the statistics on the high number of prisoners registered in the state's prisons. "We have over 95,000 inmates in our jails, which is way more than the number in any other state. When you count the deaths per ten thousand prisoners, I don't think we will stand out as much," he said.
"One cannot see the numbers in isolation; you have to put it in perspective. We have 22 crore people in Uttar Pradesh — you cannot compare us with Kerala which has 3.5 crore people," Additional Director General (ADG) of Uttar Pradesh Police Anand Kumar said, adding that the subject does not come directly under his jurisdiction. "I am not contesting the numbers given by NHRC, but in a populous state like Uttar Pradesh, a lot of these deaths might have also happened due to natural causes," he said.
ADG Bhushan Kumar Upadhyay of Maharashtra Police says that the numbers were worse before. "With better medical facilities, counselling sessions, and marking prisoners with suicidal tendencies, we are trying to bring the number of deaths in prisons down to a minimum," he said.
Of the 74 deaths in police custody in 2017, Maharashtra leads the tables with 16 deaths recorded until 2 August, 2017. Telangana comes a distant second with 7 deaths, while Karnataka recorded a third-highest 5 deaths in police custody this year.
A senior police official with the Maharashtra Police who wished to remain anonymous suggested that the numbers are not a cause of worry. "I don’t think the situation is particularly bad here. It can also be because of the sincerity of a police force in keeping records— we are sometimes too efficient in putting everything on paper," he said.
"Often, the numbers are misleading. Recently, our men helped a dying beggar on the streets and moved her to a hospital, but the doctor declared her dead on arrival. Now this gets recorded in the list of police custody deaths in Mumbai," he added, "Another incident involved a very sick prisoner. Since the jail was under-staffed, they [the prisons department] requested us to send a man to guard the prisoner in the hospital. When the prisoner died in the hospital due to his sickness, the death got recorded as a police custody death."
Of the 16 deaths in Maharashtra, two have been recorded in Mumbai, according to the RTI.
In July, a Dalit boy, Vinayakan, committed suicide in Kerala, allegedly after he suffered physical and mental torture in police custody— an allegation that was later confirmed in the post-mortem report. Cases like Vinayakan's open a car of worms as custodial deaths in the country often go unreported, if not unpunished.
PIL – 3rd Degree Torture for Corrupt Police Corrupt Judges
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018
IN THE MATTER OF
NAGARAJA . M.R
editor DALIT ONLINE
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner
Versus
Honourable Union Home Secretary , GOI
Honourable Chief Secretary , Government of Karnataka & 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:
Only in a free & fair atmoshphere without undue influence or pressure , a person can tell truth. Recently in many high profile cases like Sohrabuddin fake encounter case witnesses are turning hostile , but courts are not taking action against the responsible police. In few other cases , police use 3rd degree torture methods on suspects to fit them in the cases. Even when the accused appeals to judge for his protection from 3rd degree torture by police , judge still remands him to police custody. Example Gauri Lankesh case.
2. Question(s) of Law:
Is it not the duty of presiding judge of a case to ensure safety of defendant , accused , complainant & witnesses ? When police or others use 3rd degree torture on accused , witnesses , etc are NOT such Police & Judge Punishable ?
If Judges , Police , Advocates have accepted 3rd degree torture as a right method to elicit truth from suspects, ok. When police subject an accused / a commoner to 3rd degree torture about a crime / theft of hundred rupees , why not police who have robbed crores of rupees ( dacoity by police near yelwal mysuru ) are subjected to 3rd degree torture by their colleagues? why not police torture former DGP for his involvement in lottery scam ? Why not police torture their colleagues who have links , pass information to Dawood Ibrahim ? Why not police torture Present CJI Dipak Mishra to elicit truth about fake affidavit , kalikho pul case , Prasad education trust ? Why not police torture Karnataka high court judges involved in mysore roost resort sex scandal ? All for eliciting truth. Why NOT ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
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 cases to perform their duties.
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 , GOI , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h. Hereby , I do request the honorable supreme court of India to order Government of Karnataka to provide protection to all the accused in Gauri Lankesh Case and to legally prosecute the guilty police officials for attempt to murder charges. Also to legally prosecute the presiding judge of the case who failed to do his duty in protecting the accused.
i. In Sohrabuddin Fake Encounter Case hostile witnesses have crossed 50 numbers. Either now they are under police threat, pressure &are lying orelse years back they were under police threat , pressure and lied previously. Either the present police are guilty or the previous ones. Therefore honourable court must first prosecute responsible police for criminal charges of covering up crime, cheating & misleading the court , contempt of court. Also the advocates of case at that time who together with guilty police mislead the court must also be prosecuted for the same criminal charges. Above all the judge who failed to protect witnesses from police threat must be prosecuted. Otherwise it is no justice , only power of ruling elite who always wins.
j. to order state police , central intelligence to subject the police officials , judges also to 3rd degree torture methods when they face allegations of corruption , illegalities , to elicit truth just as in the case of commoners. FAIR JUSTICE.
k. 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 : 03rd July 2018 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Editorial : Corrupt Judges & 5 Star Jails
- Safety of Jail Inmates Responsibility of Judges
The presiding judge of the case who issues arrest warrant against a person , who rejects the bail plea of the accused and the judge who remands accused to police custody / judicial custody is fully responsible for safety , human rights of the prison / jail inmates. Use of 3rd degree torture is rampant in jails and in all such cases , respective presiding judges must be made to pay compensation from their pockets and judges must be charged for AIDING & ABETTING THE MURDER ATTEMPT on prisoner by jail / police authorities.
In the same way , it is the duty of the presiding judge who convicted or remanded a person to jail , to ensure whether the person is getting RIGHT PUNISHMENT as per law whether less or more in jail and to ensure right punishment for him.
Rich & mighty criminals are getting lesser punishment than the “ Judgement “ , enjoying luxurious lifestyles within jails , whereas poor people are exposed to harsh punishment , 3rd degree torture within jail which are not permitted by law / judgement.
This can only happen with the connivance of corrupt judges & police. Why not legal prosecution of corrupt judges & police and putting judges , police behind bars ? Are the JUDGES & POLICE above Law ?
Presiding Judge who convicted Sasikala & Police fully responsible for 5 Star Jail life of Sasikala & Ilavarasi Watch :
https://www.youtube.com/watch?v=zS3JvO8ys-g ,
https://www.youtube.com/watch?v=y2Nsi_dBUl0 ,
https://www.youtube.com/watch?v=_0pUTMYwyFA ,
https://www.youtube.com/watch?v=vveQcSvzUx8 ,
https://www.youtube.com/watch?v=n8ryW-ePAUU
Are CJI & Supreme Court Judges sleeping or conniving ? Anyway SCI Judges get lakhs of rupees salary , 5 star bungalow , car , etc even if does duty properly or improperly.
PIL – Compensate Prisoners illegally detained
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
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
....Petitioner
Versus
Honourable Chief Secretary , Government of Karnataka & 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.
Majority of prisoners in Indian jails belong to poor , minority , oppressed sections of society and 2/3rd of prison population comprises of undertrials. Are not there any criminals among rich , affluent and forward castes , majority community ? It proves the bias , prejudice of police , establishment. There are good , honest people as well as criminals in all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament , but due to their caste , financial clout escaping from conviction , legal prosecution.
As per law , all citizens of india are equal. However under trials ( who are innocents till proven guilty ) are discriminated in Indian jails. Ordinary citizens / accused are crammed in rooms resembling pig stays . whereas accused from rich / influential back grounds are given separate rooms with cot , bed , television , news paper , etc.
As per law , all citizens of india are equal. A criminal is a criminal . However Indian prison authorities discriminates here also. Former ministers who looted crores of rupees from public exchequer , corporate persons industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar are treated like slaves , pigs don’t get proper food , health care.
India Jail Manual procedures differentiate prisoners based on their caste , social background , while allotting prison cells , food , visitor facility , parole , mandatory work , recreation facilities - which in itself is illegal.
Apart from this , corruption in Indian jails is rampant. Prisoners with money , influence get everything within jail itself , mobile phone , drugs , fire arms , etc. some mafia dons run their empire from prison itself.
Poor prisoners are tortured by police , jail personnel and criminals within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination jail authorities are promoting small time criminals to commit bigger crimes to get royal treatment in society as well as in jail.
Few prisoners convicted by lower court due to bias of police , prosecutor & lower court judges are acquitted by higher courts. However due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for years , decades. But the culprits Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this manner even innocents are killed in fake encounters or by death sentence.
It is the duty of the judge who awards jail sentence to a convict or an accused , to ensure his safety , health care and to see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.
If the Supreme Court of India , NHRC delays in acting on this PIL petition resulting in prolonged imprisonment of undertrials , convicts or Innocents , Supreme Court of India / NHRC judges also jointly become responsible for the crimes against those illegally imprisoned and SCI judges are also equally responsible to pay compensation from their personal pockets.
2. Question(s) of Law:
Are not all prisoners equal ? is not theft of ten rupees or theft of thousand crores of rupees , both crimes ? Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty of a judge who has awarded jail sentence to an accused / a convict , to ensure safety , health care of the said prosiner ? is it not the duty of the judge to monitor whether the convict is getting right punishment as per law nothing less nothing more ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
4. Averment:
Prosecute Sanjay Dutt under TADA
https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada ,
Revoke Bail of Salman Khan
https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,
Aeroplane Rides for Corrupt Police Corrupt Judges
https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges ,
Traitors in Judiciary & Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police
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 cases to perform their duties.
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 , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h . 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 : 01st July 2017 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,
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