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Thursday, September 5, 2019

PIL - Enforce Torture

DALIT   ONLINE   –  e  News  Weekly
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.15..Issue.35........01 / 09 / 2019


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

CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister

The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports , to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs , drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the following
information in the interest of justice.

1.how many CBI officials & Karnataka state police officials are facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?

2.how you are monitoring the ever increasing wealth of corrupt police
officials?

3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?

4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?

5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?

6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?

7.e - voice is ready to bring to book corrupt police officials subject to
conditions, are you ready ?

8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?

9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?

10.how you are ensuring the safety , health , food , living space of
inmates in jails?

11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?

12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?


Scrap police torture: Amit Shah

The home minister said forensic evidence was the need of the hour for police investigators to clinch convictions



Shah proposed a paradigm shift in the approach to policing and called for a countrywide consultative process to make changes to the IPC and the CrPC(PTI file photo)

Union home minister Amit Shah on Wednesday stressed the need for police reforms and suggested that the force do away with the age-old third-degree torture and adopt more scientific and new methods of investigation to stay ahead of criminals.
Speaking at the 49th foundation day celebrations of the Bureau of Police Research and Development (BPRD), the home minister said: “This is not an era of third-degree (torture) and the police need to adopt scientific methods and (study) forensic evidence for investigation to nail criminals. Police must think four steps ahead of criminals and criminal-minded people.”
Advocating police reforms, Shah said the conviction ratio in criminal cases in the country was “very pitiful” and age-old policing techniques such as third-degree torture and phone tapping would no longer help curb crimes or secure convictions.
The home minister said forensic evidence was the need of the hour for police investigators to clinch convictions.
Shah drew a distinction between police reforms and reforms in policing, and urged the BPRD to take the lead in the latter.
Shah proposed a paradigm shift in the approach to policing and called for a countrywide consultative process to make changes to the IPC and the CrPC.
He announced that a police university and a forensic science university would be set up at the national level.


Physical Abuse, Electric Shocks and Torture: What a Supreme Court Ordered Study Found in Haryana Jails

The methods of torture stated in the report include verbal abuse and slapping, as well as more extreme methods such as giving electric shocks, water boarding, sleep deprivation, harm to sexual parts of the body.


Allegations of “degrading and inhuman treatment, including torture, during police remand” have surfaced in Haryana prisons in a Supreme Court-ordered report on prison conditions in India.
The report, Inside Haryana Prisons, was commissioned by the Haryana State Legal Services (HSLS) in compliance with a 2013 order passed by the apex court in ‘Re: Inhuman Conditions in 1382 Prisons’ and was prepared by the Commonwealth Human Rights Initiative (CHRI) after interviewing 475 prisoners across 19 prisons in the state.
“Out of 475 inmates that the CHRI team interacted with, 227 (47.78%) said that they had been subjected to degrading and inhuman treatment, including torture, during police remand. Inmate narratives and their testimonies of torture revealed to us details of the methods and techniques used by the police,” the report stated.
The methods of torture included verbal abuse and slapping, as well as more extreme methods such as giving electric shocks, water boarding, sleep deprivation, harm to sexual parts of the body, it added.
The report further observed that “Regrettably, some of these methods (beating the soles of the feet with a baton, water boarding, hanging upside down, and rolling baton on the thighs, giving electric shocks, etc.) don’t leave visible marks on the body, which makes it difficult for victims to prove it.”
One such case of torture was reported by Jasjeet*, who is currently under trial at the Ambala central jail. During the eight days of police custody, Jasjeet was subjected to “severe forms of physical abuse, which included being given electric shocks, repeatedly being beaten with a slipper on his head, and having water forced up his nostrils”.
News18 spoke to Abhishek Jorwal, Superintendent of Police, Ambala, who outrightly denied these allegations.
“There are quarterly and monthly inspections by a High Court-appointed judge; there are visits by the Chief Judicial Magistrate as well. Before the accused is sent to judicial custody, the local police submits a report to the District Magistrate, never has any inmate told them anything. Many inmates sneak in drugs and mobile phones into the prison. They even conduct organized crime from inside the prison. They could say anything they want,” he said.
The official, who has been in charge of the Crime Investigation Agency (CIA) unit of the state police since 2017, maintained that when the police interrogates the accused they do not treat them inhumanely. “We feed them, we take their utmost care. There is no form physical violence on the accused like one sees in the movies. But, we do take the interrogation of the accused seriously.”
“Criminals know all ways to escape the scrutiny of the judicial system. So, during police remand we have to put them through tough questioning and cross questioning,” he said.
However, Justice Pramod Goyal of the HSLS, who was closely involved in the making of the report, told News18 that while the allegations of torture have surfaced, it is difficult to validate them at the present stage.
“The allegations are not made with regards to the inmate’s confinement in prison. These allegations are prior to their coming to the prison. The police may say that these findings are beyond the scope of the study. The police may not be ready to give information with regards to CIA staff,” he said.
Prison Conditions and Facilities
The CHRI study was commissioned after the Punjab and Haryana High Court constituted a committee to prepare a framework covering eight key aspects of prisons. Some aspects, which do not meet national and international standards as laid down by the 1894 Haryana Jail Manual, have been highlighted in the report.
In terms of administration and infrastructure, eight of the 19 jails have prison populations well within their official capacity. Overcrowding ranges from 170 per cent in Rewari to 22.8 per cent in Panipat.
Most jails have also given less significance to aspects like health and well-being. While all prison hospitals are equipped with medical equipment, specialised doctors such as dentists, gynecologists, dermatologist, psychiatrists and psychologists remain absent.
The practice of medical examinations at admission into the prison is followed across all prisons in the state. However, “Since only a few prisons use the National Human Rights Commission’s ‘Proforma for Health Screening of Prisoners on Admission to Jail, the inmates complained that injuries resulting from alleged torture would never be documented in the said proformas,” the report noted.
A study into the mulaaqats or visitation hours of family members in prisons revealed that some prisoners are “unable to meet their families because Aadhar cards have been made mandatory as identification proof of visitors and people without these are not allowed.”
The report further posited a list of recommendations based on the findings of the study. Justice Pramod Goyal of the HSLS told News18 that they are in the process of adopting these and an Action Taken Audit has been put in place to initiate that.
“Higher authorities will surely take cognizance of this report. We will send this report to all stakeholders including the police. It will be done within a day or two. Every stakeholder or department will look into the report as per their jurisdiction. We are proposing the audit to ensure that every stakeholder has taken note of the report, has taken action on it and whether the action taken is sufficient,” he added.


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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,MYSURU – 570017  KARNATAKA  INDIA     Cell : 91 8970318202
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