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e - Voice For Justice
Friday, 20 November 2009
26/11 - corrupt public servants deadlier than kasab
Mood:
bright
Topic: human rights , media
S.O.S - eVoice For Justice - e-news weekly Spreading the light of humanity & freedom Editor: Nagaraj.M.R...vol.5.issue.48....28/11/2009 Editorial : 26/11 - SALUTES TO NSG COMMANDOS & MUMBAI POLICE We express our deep condolences to the victims of 26/11/08 mumbai terrorist attacks. We at e-voice salute our NSG Commondos & Mumbai police for teaching the external enemies a befitting lesson and protecting our motherland from the external enemies. We pay our whole hearted respects to the martyrs , who laid down their lives , in the course of protecting our people & country from the clutches of terrorists. At this juncture , we must also remember our kargil martyrs of Indian military who sacrificed their lives protecting our motherland – INDIA from enemies. India equally faces greater threat from internal enemies – corrupt public servants ( who are deadlier than pak terrorists). These corrupt public servants sell everything , motherland , for money , for bribe. Mumbai terrorists killed 200 people , where as a fake drugs manufacturer kills thousands of people by selling fake drugs / fake medicines. Drugs control department officials lets off many such such fake drugs manufacturers , in turn killing thousands of innocents. The number of end victims are huge than any terrorist attacks. This is just one instance , in this way corrupt public servants of various departments compromise with their official duties & murder scores of innocents. The corrupt public servants network , is oiled far better than italy's mafia. Common man doesn't get justice , even if he complains to higher officials , vigilance authorities or even court of law. As the bribe booty reaches higher-ups & political bosses.. thus black money is created. The huge profits earned / black money created by criminal industrialists / entrepreneurs , finds it's way to money laundering heavens. Thus our economy is crippled , public exchequer deprived of it's dues. The money thus laundered feeds terrorist outfits , underworld dons , in their criminal deeds. Now , underworld / terrorist outfits are involved in huge real estate business , film production / distribution , film piracy business , etc , to reap more illegal profits out of illegal money. This shakes upside down our government's fiscal policies. If a corrupt public servant is apprehended , it is equal to depriving 100 terrorists out of funds , putting 100 criminals out of action. Will the common man raise to give a befitting lesson to corrupt public servants. Jai hind. Vande mataram. Your's sincerely, Nagaraj.M.R. 9/11 , 26/11 - SIGN TO LEGALLY PROSECUTE SPONSORERS OF TERRORISM Visit , read the petition & support by signing the petition demanding LEGAL PROSECUTION OF SPONSORERS OF TERRORISM http://www.thepetitionsite.com/1/911-2611---prosecute-the-sponsorers-of-terrorism , http://www.petitionspot.com/petitions/sponsor , Visit , read the petition & support by signing the petition demanding , COMPLIANCE OF RTI ACT , CONSTITUTION OF INDIA , ACCOUNTABILITY OF INDIAN JUDGES & POLICE. http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures , http://www.petitionspot.com/petitions/judge , RTI harassment: Nitish asks DGP, Chief Secy to probe Four days after an Indian Express report on the alleged framing of false cases against RTI applicants in Bihar, Chief Minister Nitish Kumar has asked the Chief Secretary and Director General of Police to look into the cases and initiate departmental proceedings against information officers if they are found guilty of “harassing” RTI applicants. Nitish, who called a meeting of Chief Secretary Anup Mukherjee, DGP Anand Shankar, as well as principal secretaries and senior police officers, asked Mukherjee and Shankar to ensure that RTI applicants were not harassed. Asking the DGP to “identity errant information officers”, he also instructed the Chief Secretary to initiate departmental inquiries against those found guilty. “Let RTI applicants call Jankari call centre to register their complaints against information officers. We will soon have a devoted helpline to take up RTI complaint cases soon,” said the Chief Minister. Bihar, incidentally, is the first state to start an RTI call centre. Nitish said that any laxity in dealing with RTI complaints would not be tolerated and has also asked Chief Information Officer Ashok Choudhary to personally supervise such cases. The Bihar Human Rights Commission on October 29 had asked the state government to explain why information officers should not be suspended for “framing false cases” against 42 RTI applicants. The state government has to reply to the BHRC by mid-December on its action taken report on RTI harassment cases. Amendments to RTI Act on the anvil Vidya Subrahmaniam Share · print · T+ The Department of Personnel and Training (Ministry of Personnel, Public Grievance and Pensions) has admitted that the government is considering amendments to the Right to Information Act, 2005. The admission, which came at a meeting between RTI activists and DoPT Secretary Shantanu Consul on Saturday, ended the suspense over whether or not the government was contemplating amendments to the RTI. Speculation in this regard started following a meeting that the DoPT had with Information Officers on October 14 where a proposal for the amendments was formally put on the table. However, the government refused to confirm or deny the move, leading to a growing anxiety in RTI circles. Significantly, Mr. Consul assured the delegation led by Aruna Roy of the National Campaign for People’s Right to Information (NCPRI), that the amendments will only be introduced after hearing the views and objections of civil society groups. He said the department would initiate a “transparent and consultative process,” including putting up the draft amendments on the DoPT website, to enable public and civil society participation in their implementation. Mr. Consul also said the amendments would not go through if civil society groups were able to convince the government that they were not necessary, and the purpose for which they were being considered could be met in other ways. Earlier in the day, hundreds of activists from the NCPRI and other organisations gathered at Jantar Mantar to warn the government against tinkering with the RTI Act, 2005. The delegation that met Mr. Consul presented him a letter containing their misgivings over the proposed amendments. The letter was signed. among others by Ms. Roy, Nikhil Dey and Shekhar Singh of the NCPRI and Annie Raja of the National Federation of Indian Women. The signatories said they had apprehensions that the government was moving towards amending the RTI and cited as evidence the October 14 meeting between the DoPT and Information Officers. The RTI activists also wrote to the Prime Minister on October 20, which was signed by dozens of public-spirited citizens. The letter argued that the proposed amendments — envisaging exemption from disclosure for official discussions and consultations (previously known as file notings) and prohibition of frivolous and vexatious complaints — far from strengthening the Act, as promised by the President in her June 4 address to Parliament, would in fact emasculate the Act. The letter quoted two nation-wide studies, “one done under the aegis of the government,” to make the point that RTI was constrained, not by issues being considered for amendment such as frivolous complaints and file notings, but by inadequate implementation, lack of trained staff, and poor management. There was no suggestion in either of the studies that RTI work was hampered by “frivolous or vexatious” applications or by disclosure of “file notings,” it said. The letter said: “This government gave its citizens the RTI Act, and there has been no crisis in government as a result of its enactment. In fact… its use by ordinary people is helping change its (the country’s) image to that of an open and receptive democracy. An amendment in the Act would be an obviously retrograde step, at a time when there is a popular consensus to strengthen it through rules and better implementation...” Keywords: RTI Act, Amendments, NCPRI, Ms. Aruna Roy Villagers, activists up in arms over proposed RTI changes NEW DELHI: Kheema Ram, a 40-year-old farmer from Rajasthan who exposed a number of corrupt practices through his more than 350 RTI applications is against any amendments in the Act. Ram, hailing from Rajsamund district, travelled all the way to Delhi along with fellow villagers on Saturday to protest against the proposed amendments in the RTI Act which may take out some categories of information from the Act's ambit. "The discussed amendments will take out the 'Atma' of the act. We will be at the mercy of the public information officer for extracting even the most relevant information. They can reject our applications, saying its `frivolous', if the changes materialise,'' he said. Ram's views find resonance among a cross section of intellectuals, social workers, politicians, farmers and RTI activists. Opposing the proposal to "weaken'' the Act, people from 10 states across the country gathered at Jantar Mantar on Saturday for a day long dharna. Several civil society groups and organisations, individuals and users of the RTI Act assembled at the dharna organised by the National Campaign for People's Right to Information. Amongst those present were information commissioner Shailesh Gandhi, social activist Aruna Roy, economist Jean Dreze, CPI General Secretary D Raja, RTI activist Shekhar Singh, renowned theatre personality Tripurari Sharma, Nikhil Dey and Swami Agnivesh of the Bandhwa Mukti Morcha. A collective demand was made to not amend the Act but to implement it properly. Magsaysay award winner Aruna Roy, who played a crucial role in shaping the RTI movement in the country, lamented that instead of ensuring better implementation in crucial areas like proactive disclosure, the government is now looking to enfeeble the Act. "The act has proved itself among the masses and people have benefited from it. It is wrong to suggest changes in it at this stage. The effort should be to ensure its full implementation in letter and spirit,'' Roy said. Another RTI doyen Shekhar Singh said the manner in which these changes have been put forward has raised concern among people who are using it. "Government had spent Rs 70 lakh for a study by a private body. The report does not even say vexatious or frivolous applications are a problem for the system. Information commissioners from across the country have also opposed any changes in the Act,'' Singh said, wondering why there is talk of amendments. RTI activist Commodore Lokesh Batra said it is too early to bring any changes in the Act. "The proposed changes will give powers to the public information officers to reject applications if they feel it is vexatious or frivolous. It will leave scope for misuse," he said. Later, a representative delegation of 7 members, led by Aruna Roy and Shekhar Singh, went to meet the DoPT secretary Shantanu Consul to discuss the current proposal regarding the amendments. The secretary confirmed that a set of amendments are under consideration, but before they are approved, the DoPT will follow a transparent and open consultative process. All further proposals for amending the law will be put up on the DoPT website and affected parties and stakeholders will be consulted before the government considers any amendments to the law. The secretary further assured the group that the minutes of the meetings held with the information commissioners in October 2009 will also be made available on the DoPT website soon. RTI ACT VIOLATIONS BY HIGH & MIGHTY Questions public servants are afraid to answer The police , judges , public servants , etc question the accussed persons , to ascertain the root cause of crime or dispute, to know the truth behind every actions. The police even apply 3rd degree torture on commoners ( although it is illegal ) to elicit truth , information about crimes. When the same public wants to know the truth behind crimes involving police , judges & public servants , and seeking truth , answers , informations as per RTI ACT from police , judges & public servants , they are not answering lest the truth come out. They are citing one or the other technical reasons to hide information , to hide truth about crimes , to shield the criminals. If any of the following public servants truly stands for law , justice , truth , let them answer for the following questions publicly through media CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA - http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/ , http://theftinrbi.wordpress.com/ CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE – http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ , CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE – http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ , Case no.1 CORPORATE CRIMES RPG CABLES LIMITED http://groups.yahoo.com/group/naghrw/message/218 case no.2 MEGA FRAUD BY GOVERNMENT OF INDIA http://groups.yahoo.com/group/naghrw/message/196 Case no.3 are you ready to catch tax thieves ? http://groups.yahoo.com/group/naghrw/message/196 case no.4 MOBILE PHONES , CURRENCY SCANDALS http://groups.yahoo.com/group/naghrw/message/196 Case no.5 reliance industry where is accountability ? http://groups.yahoo.com/group/naghrw/message/196 case no.6 crimes at infosys campus http://groups.yahoo.com/group/naghrw/message/214 case no.6 crimes by B.D.A against a poor woman http://groups.yahoo.com/group/naghrw/message/212 case no.7 crimes of land mafia in India http://groups.yahoo.com/group/naghrw/message/212 case no.8 currency thefts in RBI Press http://groups.yahoo.com/group/naghrw/message/80 case no.9 killer colas & killer medicines of India http://groups.yahoo.com/group/naghrw/message/201 RIGHT TO INFORMATION By Vienaya Ganesan Introduction: Since June 2005, when Right to Information Act, was passed, it has been hailed as the hallmark of democracy for the reasons that it purports to make, as regards government information, disclosure the norm and secrecy as the exception. Experts feel that as the Act aims at making the government transparent and more accountable, the effective use of it would, in a long run, curb corruption. But is this really the truth? With administrators and legislators, who are always in an attempt to narrow the scope and applicability of the Act, in the past one year the Act has seen more controversies than success stories. From parliamentary debate relating to exclusion of file notings to army’s refusal to grant information, it is evident that the ‘right to information’, as a statutory right, has served as a puppet in the hands of our rulers. There is, therefore, a need felt for a superior and more dynamic right. In this article, I analyze the reasons as to why right to information need to have been included in Part III of the Constitution, to be granted as a fundamental right rather than a statutory right. This would have kept the constant attacks the right suffers at the hands of the politicians at bay. Ideal Status Of Right To Information: The ideal status the right to information deserves is that of a fundamental right under our Constitution .With the Constitutional guarantee to conform to, the Act could have been used as an instrument constituting the requisite authorities, apart from laying down the quintessential exceptions to granting information, such as national security and parliamentary privilege. Right To Information Recognized As A Fundamental Right By The Judiciary: At this juncture, it is imperative to note that the Supreme Court, in State of U.P v. Raj Narain - a 1974 case, recognized the ‘right to know’ as a right inherent in Fundamental Right to freedom of speech and expression guaranteed under article 19(1)(a) of the Constitution. Following this, a plethora of cases the right to information was recognized as a right implicit in the article 19(1)(a) and in article 21 (fundamental right to life and personal liberty). In Peoples Union for Civil Liberties v. Union of India , the Supreme Court observed that in Right of information is a facet of the freedom of ‘speech and expression’ as contained in Article 19(1)(a) of the Constitution of India. Right of information, thus, indisputably is a fundamental right. However, every time the Constitution is amended, the ‘basic structure’ test laid down in Keshavanada Bharti Case has to be satisfied. The test provides that a constitutional amendment should not be in derogation of the basic features of the Constitution like judicial review, democracy or Rule of Law. While including the right to information is as a fundamental right, if at all there is any effect on any of the basic structure it would be in the nature of strengthening the democracy and making it progressive, as envisaged by the makers of our Constitution. Need For The Fundamental Right Status: The nature of problems the Act has faced till date ranges from administrative interpretation against the grant of requested information, to ordinary and easy amendment to reduce the scope of the Act. I feel, the above problems would not have arisen had the right been a fundamental right. Let us now analyse the problems case-wise to understand my reasoning. 1. Exclusion of ‘File Notings’ From the Purview of the RTI Act: In December 2005, the Central Government, for the first time, floated the idea to excluding ‘file notings’ from the scope of the Act by bringing about an amendment to the Act. File notings is an important public document containing details of the decision making process in any public matter - such as who said what and who rejected whose view and on what grounds before a decision was reached in government. It also includes the official correspondence between officers in pursuance of a government scheme or project. The news created uproar, with activists opining that the accountability of the government would remain only in paper with such exclusion. The matter was then put to rest with the Prime Minister, Mr. Manmohan Singh’s statement against the exclusion. However, today the matter is back in news. As on date, the Union Cabinet has approved the Amendment Bill to the Act, that when passed will exempt file notings as information that can be demanded as a matter of right. 2. Indian Army’s Recent Refusal to Grant Information: Again in December 2005, the Indian Army refused to provide information to an applicant on the ground that issues of national security were involved in the requested information. This was in spite of the Army not being one of the eighteen agencies that are exempted under the Act, by virtue of section.24. But when the PM intervened and insisted that Army cannot refuse until a government notification to that effect, the army retracted its stand. Could It Have Been Avoided? The above mentioned controversies has brought out into the open, the hard facts. The spineless politicians are going to amend the Act as and when they like it, suiting their needs of the day; the officers are going be complacent and hesitant in giving the information. Had right to information been a Constitutional provision, the fear of PILs would have kept a check on the notoriety of the parliamentarians and authorities. Conclusion: Thus, it is evident the issues such as those illustrated above could have been avoided had right to information been a fundamental right under the Constitution. Ideally, the legislature should have brought about a constitutional amendment to include the right to information as a fundamental right and the Act should have merely constituted the Information Commissions and appointed the Public Information Officers. With the separate government agency to tackle the problems relating to the fundamental right to information, the evils of bureaucratic pressures and whimsical administrative interpretations could have been kept at bay and democracy celebrated. Inclusion of right to information as a fundamental right would have also been in conformity with the decisions of the apex court. Therefore, though India has finally woken up to realize that right to information is a key component in the attainment of economic, social and political rights of an individual as well as the community at large, in my opinion, the step she has taken towards it could have been more effective had she guaranteed a fundamental right to information to its citizenry. Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313 home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com , contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
Posted by naghrw
at 2:17 AM EST
Sunday, 15 November 2009
9/11 , 26/11 - sign for legal prosecution
Topic: human rights , media
9/11 , 26/11 - sponsorship of terrorism S.O.S - e - Clarion Of Dalit - Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed Editor: NAGARAJ.M.R… VOL.3 issue. 47… 25 / 11 / 2009 EDITORIAL : 9/11 , 26/11 - SIGN TO LEGALLY PROSECUTE SPONSORERS OF TERRORISM Visit , read the petition & support by signing the petition demanding LEGAL PROSECUTION OF SPONSORERS OF TERRORISM http://www.thepetitionsite.com/1/911-2611---prosecute-the-sponsorers-of-terrorism , http://www.petitionspot.com/petitions/sponsor , Visit , read the petition & support by signing the petition demanding ACCOUNTABILITY OF INDIAN JUDGES & POLICE. http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures , http://www.petitionspot.com/petitions/judge , India, U.S.A , U.K , Pakistan and various other countries have given birth to & supported various terror outfits, all with the objective of widening their area of influence, to get hold of governance of other countries, to loot resources of other countries. At no time they were bothered about the welfare of innocent people in those victim countries. Now, when the Frankenstein monster they fathered TERRORISM is haunting them , came home to roost in their own backyards , all these countries are crying foul. Take for instance Pakistan , it has got enough problems on hand , poverty , unemployment , malnutrition , hunger , illiteracy is rampant in Pakistan. Ordinary Pakistanis are suffering, ordinary Pakistanis does not need neither war nor jihad , what they need is food , healthcare , education for their children. Take for instance india, it has lot of problems on hand like starvation, lack of education , health care, etc. The GOI says it doesn't have enough funds to solve these problems. These problems are of pre-independece vintage, increasing multifold after independence of india. Still the government of india spent crores of rupees on training , arming of tamil terrorists in srilanka , unnecessarily poked it's nose in east pakistan creating bangladesh, created terrorist outfits in punjab & northeast to counter the influence of other terrorist outfits. ALL THE WHILE PREACHING PANCHASHEEL PRINCIPLES – peaceful co-existance , respect for neighbour's boundaries, etc, in the same breath. What ordinary Indians , commonfolk need is food , shelter , healthcare & education. Take the case of USA , from the beginning since decades , it is the habit of US administrators, britishers to sow the seeds of discontent between two countries , make them to go to war with each other ( simultaneously selling military hardware worth billions of dollars to those same countries by the way making profit in billions ) & to finally play the role of a truce maker thereby getting a foothold in the newly formed government plus getting reconstruction projects worth billions of dollars leading to profit of billions. Just remember the US invasion of iraq , citing presence of WMDs, finally nothing was found. However USA made billions of profit by business. The common folk of whichever country , whichever religion you take , does not want war , everybody wants peace. The common folk need food , shelter , healthcare & education. It is the scheming politicians who go on the path of violence. POOJYA BAPUJI's , MAHATMA GANDHIJI's principles of non violence , non interference in the affairs of other individuals / other countries , love / compassion for fellow human beings is much relevant today. Hereby, e-Voice urges the international war crimes tribunal , to order the respective governments who aided terrorism ,to pay damages to victim countries. Jai hind. Vande mataram Your's sincerely, Nagaraj.m.r. CRIMES OF U.S PRESIDENT From the day one the government of u.s.a is selfish & violating the rights of other countrymen. During cold war days , to expand it's influence & to give more business for u.s arms manufacturers , the u.s.a sowed the seeds of terrorism in various countries & nurtured them through arms & finance supply , training. The AL-QUEDA & TALIBAN are it's own babies. The president bush of U.S.A was sufferring from low image ratings , the domestic economy was facing a slump , so to improve his own rating & bring more business to u.s industries , he schemed an inhuman ruthless plan. He wanted to take control of afghanisthan & iraq. He needed a ruse to invade them & concocted one murdering his very own countrymen. human rights watch has doubted the authenticity of 9/11 in it's articles months ago. it is just a ploy of the bush to divert attention of public from his dipping ratings , domestic problems like unemployment , economic lows and more importantly to find rather fabricate a reason for attacking the arab world , iraq. finally , to help it's MNCs mint millions in reconstuction , oil contracts, etc. it is a savage act of bush for green bucks. SEPTEMBER 9/11 WAS PLANNED !!!! VISIT : http://www.neiu.edu/~ayjamess/hmmm.htm#Main The government of U.S.A thrown all international conventions into wind , lied about weapons of destruction in iraq & invaded a sovereign country iraq. Still , it was unabale to find any weapons of mass destruction in iraq. In it's greed for power , green bucks , it inhumanly tortured prisoners , took them to 3rd countries for torture , bugged phones of u.s citizens & violated human rights of u.s citizens. In his ego , greed mr.bush has violated all human rights of not only u.s citizens but also human rights of innocent iraqis , afghans , etc & thrown all international laws into winds. Now, the president himself has acknowledged the intelligence failure in iraq but defended his iraqi invasion. Mr. Bush will be remebered in the history books as a GREATEST LIAR , INHUMAN SCHEMING MEGALAMONIAC & GREEDY OLDMAN. AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA , CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN - By American Citizens Our country was known as " Heaven On Earth" , "Land of Equality & Equal Oppurtunity" & the "Statue of Liberty" rightly symbolized the spirit of our country. Now USA is known as a "Terror State". In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their individual capacity took wrong , inhuman decisions , meddled in the internal affairs of other sovereign nations , spent our resources to create terrorist outfits like al-queda , Taliban in those countries. In turn these terrorist outfits terrorized , murdered millions of innocents & this Frankenstein monster came home to roost on September 9 / 11 . After September 9 / 11 , each terror suspect is severely tortured in hell like Abu Garibh prison , elsewhere by our authorities. For argument sake let us accept that these terrorists who murder innocents don't deserve kid glove treatment & rightly deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd degree torture , what quantum of punishment , torture – previous presidents of USA deserve – who created , aided & abetted thousands of such terrorists , terrorist outfits ? Herby, we appeal to the honourable Supreme Court of USA to order the federal government to to make public : 1. how much US resources were spent from US TREASURY , to finance terrorist outfits , military juntas in other sovereign nations ? 2. is not Al-queda , Taliban creations of USA ? 3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was it planned by US authorities ? see http://www.neiu.edu/~ayjamess/hmmm.htm#Main 4 . is racial profiling , profiling a particular community & suspecting all the muslims as terror suspects , right? 5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were Christians makes it logical to assume whole of our Christian community as terror suspect ? 6. is not use of 3rd degree torture on all type of suspects in US prisons & in the prisons of US allied countries at the behest of US authorities , right ? is it not violation of human rights & US laws ? 7. did US find any weapons of mass destruction in Iraq , which was the main reason for US attacking Iraq ? 8. why not US authorities use scientific interrogation techniques like polygraph , lie detector tests instead of inhuman 3rd degree torture on terror suspects & suspects in other criminal cases ? 9 . what legal right our President of USA have , to illegally spend billions of our dollars on inhuman , llegal acts of terrorism , military coup , creation , aiding & abetting of terrorists , etc , in other sovereign nations ? while we are suffering from loss of jobs ,loss of home due to natural calamities , etc ? Crux , Foundation of all religions is humanity , kindness & universal brotherhood. It is the preachers who misrepresent it. Terrorism created , aided , abetted by anybody is inhuman & wrong . Terrorism is creation of power hungry , selfish people & they must be legally punished . Hereby , we appeal to the honorable supreme court of USA to legally prosecute Previous PRESIDENTS OF USA in the last 4 decades , for crimes of terror , as per the present US anti-terror laws. Recently , in the issue of weekly publication "The Week" , cabinet minister of government of srilanka (previously a deadly terrorist & right hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an interview that LTTE received arms training in Tamilnadu State of India , to wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry , which probed late PM Rajiv Gandhi's assassination case , also stated that Tamil Terrorist outfits in Srilanka Received monetary , financial , arms training support from government of India. GOI has even setup a radio station for tamil terrorists of srilanka , within Indian territory. GOI spent billions of dollars of Indian taxpayer's money for aiding & abetting terrorism , while billions of Indians were half starving & going without a single meal , without proper health care. Recently , in a media interview the president of Government of Pakistan Mr. Jardari himself has confessed that in the previous years the government of Pakistan has aided & abetted Terrorism for tactical gains of Pakistan , spending billions of dollars of Pakistani taxpayer's money. While ordinary Pakistanis were suffering from starvation , lack of health care , etc. All the above proves that Previous Presidents of Government of USA , previous Presidents of Government of Pakistan & Previous Prime Ministers of Government of India were the real master minds of TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn Murdering lakhs of innocent human beings. These guilty previous presidents & prime ministers are deadly than OSAMA BIN LADEN. Hereby , we appeal to the Honorable Chief Justices of supreme courts of USA , INDIA , PAKISTAN , BANGLADESH , SRILANKA & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN , on charges of master minding TERRORISM & murdering innocent people in their respective countries . BHOPAL GAS TRAGEDY 1984 -Bhopal, India At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper safety measures and fully implemented it in practice, at it's plant in Bhopal. The Government of Madhyapradesh through it's labour department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn't install in full, the safety measures being followed by it's parent company union carbide corporation (U.C.C) at it's Various plants in the U.S.A. The U.C.I.L. didn't give community training to residents of nearby localities, to cope up with emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety practices, as it treated Indian lives as cheap. The government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title deeds just months before the tragedy in 1984. Now, refer the following:- 1. After the accident at it's U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India got him released. 2. In 1985, Government of India enacted "Bhopal claims Act" took- away the right of appeal of all the Gas tragedy victims & declared itself as the sole representative of all victims. This said act itself is violative of victim's fundamental & human rights. The victims didn't choose Government of India as it's representative under will, agreement, trust or pleasure. 3. The paradox of this "Bhopal claims Act" is that, Government of India which is also a party to the crime, tragedy, itself is the appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by Government of India. 4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L 5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil & Criminal proceedings 6. Even the Government of India didn't present the case of victim's-gas tragedy victims, properly before the U.S.courts, where the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India & Government of India, here to safeguard Indians and to safeguard Justice? After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the victims, till date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims. Particularly in the case of "Bhopal Gas Tragedy" the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C. Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it's subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly guaranteed revenue, Enron threatened to invoke, open the "Eschrew Clause" with the Government of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely Government of U.S.A. would have stepped into the scene to protect it's MNC. Hypothetically, In the same vein if Enron has caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds amounting over and above it's Capital base & insurance cover, then it would have been the duty of parent Enron & Government of U.S.A. to step in & pay-up. In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to cough-up the sum. Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I / M.N.Cs to India. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/ investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be transparent ? An appeal to honourable supreme court of USA & HE Honourable president of USA Mr.Obama Your government protects all Americans, all American companies both inside America & abroad. If an American tourist is murdered in a third country , American investigators fly over to that country to conduct investigation in total disregard to local laws. In the same way , if the interests of an American company is threatened in a third country American government goes to it's rescue. However , when an American company butchers , causes mass man slaughter in a third country , as an American company did in Bhopal India , no action by American government. Still the said American company has not removed , cleared the accident site of poisonous debris at Bhopal India since decades and still causing mass man slaughter , no action by American government why ? Some US based companies are selling soft drinks , food products , medicines , drugs in third world countries , which are causing grave health damages to the public. The quality standards of these products are fit cases of rejections by US FDA. Some US companies are selling drugs ( which are banned in the USA ) to third world countries , still us companies are exporting such dangerous medicines , foods to third countries . no action by US government , why ? is it because you think that the lives of non Americans are cheaper than Americans ? Hereby, I do request your kindself , 1 . to initiate criminal prosecution against US based key management personnel responsible for Bhopal gas tragedy . 2 . to make either the respective company management or US government to pay compensation to victims of Bhopal gas tragedy on par with American lives , as if the same tragedy happened in the USA itself. 3 . to order the management of the said company to clean up Bhopal off poisonous debris , from the accident site at their own expense. 4 . To legally prosecute US exporters & US based companies selling products ( which violates US FDA regulations or banned in the USA for domestic consumption ) to third countries. edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313 home page: http://groups.google.co.in/group/e-clarion-of-dalit/ , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ , e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com
Posted by naghrw
at 2:46 AM EST
Friday, 13 November 2009
sign for accountability of judges
Mood:
bright
Topic: human rights , media
Visit , read the petition & support by signing the petition demanding ACCOUNTABILITY OF INDIAN JUDGES & POLICE. http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures , http://www.petitionspot.com/petitions/judge ,
Posted by naghrw
at 11:08 AM EST
sign for accountability of judges
Mood:
bright
Topic: human rights , media
Visit , read the petition & support by signing the petition demanding ACCOUNTABILITY OF INDIAN JUDGES & POLICE. http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures , http://www.petitionspot.com/petitions/judge ,
Posted by naghrw
at 11:07 AM EST
Friday, 6 November 2009
JUDICIAL ACCOUNTABILITY
Mood:
bright
Topic: human rights , media
| S.O.S - eVoice For Justice - e-news weekly Spreading the light of humanity & freedom Editor: Nagaraj.M.R...vol.5.issue.46....14/11/2009 Editorial : Judicial Accountability in India Kindly go through the following articles & provide justice by giving complete truthful information to us. http://sites.google.com/site/sosevoiceforjustice/accountability-of-indian-judges , The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has the right to obstruct the discharge of these duties by citizens of India. No legal privileges of constitutional functionaries is superior over the FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA. We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed back , to ascertain whether we are getting equal opportunity , whether we are getting equitable justice , etc , we need information . so , basically Right To Information is an inalienable part of our fundamental rights & human rights. What RTI Act has done is fixed time limit , responsibilities of public servants up to certain extent. However the citizen's fundamental right & human right to seek information extends far beyond the scope of RTI Act. Hereby , e-voice seeks complete truthful information from supreme court of India , with respect to my RTI application appeal no : APPEAL NO. 91 / 2007. HEREBY , WE ARE ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS IN PUBLIC INTEREST & JUSTICE. Hereby , we at e-voice request you to register this appeal as a PIL petition & to ascertain the stand of apex court on various matters raised in my RTI Application , in public interest & equitable justice. he above stated public servants have failed to provide full information to us ie e-voice as per RTI Act , thereby covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise of my FUNDAMENTAL DUTY as a citizen of India. However the above stated public servants preferred to violate law themselves & to protect the criminals. The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM. JAI HIND. VANDE MATARAM. Your's sincerely, Nagaraj.M.R. CRIMES COMMITTED BY LAW COURTS IN INDIA - An appeal to honourable supreme court of india Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become factories turning out hardened criminals. Say , a person was caught by police on suspicion of pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months. Taking the same example further, say the court finds the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his. As per law, no body not even the courts of law are legally empowered to punish anybody beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ? The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can'nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years. Say, a rich industrialist is accused of rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000. Considering the above examples it is quite clear the bail amount, fine amount are peanuts for the rich just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail. Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from health problems , many are dying due to lack of proper health care & food in the prisons. Whereas , the rich & mighty prisoners , by payting bribe get non-veg , alchoholic drinks from outside restaurants daily. They even secure drugs . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals. The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty. For the purposes of evidences , filing of cases one needs various government records. The concerned officials don't provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ? Nowadays , numerous cases of irregularities , charges of corruption against judges are coming to light. However , in such cases judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ? In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before them. However , in all such cases , the lower court judges must be punished for giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction of cases goes in appeal to higher courts, as in majority of cases the poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided. In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge's chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public and the public cann't even ascertain the validity of tapes , whether it is edited , doctored . One of the basic reasons for delayed justice & worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments and finally low amount of financial grants made by the government to judicial department / police department. The government states that it doesn't have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI , is one of either parties in 75% of cases before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings. The government has got money to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc. We at e-voice have utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk. | |      | |        | | | | | | | SC Judges reveal asset on website | | The Supreme Court on Monday, 2nd November, posted the Assets of Supreme Court judges on its website, clarifying that the declarations were being made on a voluntary basis only! This despite the fact that the decision to reveal assets on the website was taken on Aug. 26 in the backdrop of a raging controversy over resistance by the SC to answer a query regarding assets of judges. As this MailToday story reports, declarations lack information with some Judges giving only sketchy details and not mentioning the value of their movable and immovable assets. more... | | Ghaziabad provident fund scam main accused dies under mysterious circumstances | | Ashutosh Asthana, the main accused in the Ghaziabad provident fund scam, was found dead in his prison cell on 17th October 2009. It is known that he was clearly under a lot of pressure, as was evident from his statement in which he tried to change his first confessional statement as well as another affidavit through his lawyer in which he stated that he had given the second statement under pressure. In his S. 164 confessional statement before the Magistrate of Ghazibad court, he had confessed that of the 7 crore embezzled, he had given cash and gifts such as air conditioners, refrigerators, expensive clothes, jewellery and furniture to many judges including judges of the High Court and a Supreme Court judge. news report | | Contempt of Court & the Conflict of Interest Controversy | | Last week there were newspaper reports that the Supreme Court has permitted the filing of a contempt petition against Mr. Prashant Bhushan for allegedly casting aspersions against some judges including Justice Kapadia, for his violating the law against judges hearing cases where there is a conflict of Interest, by his hearing and deciding the Vendanta case despite having shares in Sterlite (a subsidary company of Vendanta). Here's an excellent article by Manoj Mitta (Times of India) that unfolds interesting aspects of the Justice Kapadia conflict of interest controvesy and how this principle (also importantly adopted by the SC judges in 1997 through the Restatement of Judicial Values), has been completely violated by Justice Kapadia in his hearing and deciding this and other Sterlite cases. ....article | | Corrpution in the Judiciary : Tehelka investigates... | | In this Tehelkha story, Brijesh Pandey and Sanjay Dubey track the Supreme Court's lack of urgency in investigating charges of judicial corruption....article | | The Dinakaran Imbroglio: Appointments and Complaints against Judges | | The Dinakaran episode has brought to the surface the vexed problem of the arbitrary and totally unsatisfactory manner of selecting and appointing judges as well as the unresolved problem of dealing with complaints of misconduct and corruption against judges. In this bracing article Prashant Bhushan analyses these long simmering twin problems which lie at the heart of Judicial Accountablity...more | | Appointment of Judges – the Justice Dinakaran Controversy | | Public opinion is now stirring over the issue of appointment of judges, especially appointments made to the Supreme Court and High Courts in India, which remain largely arbitrary, adhoc and non-transparent. The man at the centre of the storm is the Chief Justice of the Karnataka High Court, Justice Dinakaran, whose name has been recommended, along with four others by the SC collegium for elevation as judges of the SC. The controversy came to surface with a written complaint to the SC collegium by the Forum for Judicial Accountability. The first representation against Jusitce Dinakaran dated 9th September 2009 was regarding his amassing huge assets, corruption and serious irregularities. The Second representation listed further particulars with supporting material and the 3rd representation surfaced additional information regarding amassing of further properties and the exercise of judicial powers to decide cases in his own cause. The representations sent to SC collegium can be accessed here… Representation 1 Representation 2 Representation 3 Representation 4 | | Loathing and fear in TN Village - Justice Dinakaran's Empire demystified | | Read the Mail Today feature as M.C. Rajan in Chennai tracks Chief Justice Dinkaran's disproportionate property details and other instances of judicial misconduct while also detailing other judges caught in controversy... all of which exerting pressure on the need to lift the veil of secrecy over judicial appointments...more | | Historic Ruling in favour of Transparency and Accountability - The Judges'Assets case | | The Delhi High Court ruled on 2nd September 2009, that the Chief Justice of India (CJI) is a “public authority” within the meaning of the Right to Information Act and has to make public the information on assets declared to him by judges under the 1997 resolution of Chief Justices. The argument that such information has been collected under fiduciary capacity by the CJI was also held to be insubstantial.. The ruling by Justice Ravindra Bhat, which came on the Supreme Court's appeal against an almost identical order from the Central Information Commissioner (CIC), runs counter to the consistent stand of Chief Justice K G Balakrishnan that the CJI could not be termed as a public authority under RTI Act..view judgement | | CJAR Public Statement on SC judges decision to put their assets on website | | The decision of the Supreme Court judges to put their asset declarations on the Supreme Court website is a welcome first step towards transparency and accountability of judges in this country. It is also a tribute to the power of public opinion... However, this decision of the Supreme Court judges does not obviate the need for a law to make such public declarations compulsory. Indeed, the law must provide for an annual public declaration of assets and liabilities as well as income tax returns of all public servants, including judges...more | | The Judges' Assets Saga | | In February 2009, the Campaign for Judicial Accountability and Reform (CJAR) issued an Open Letter to Judges of all the High Courts and the Supreme Court to publicly declare their assets. It was urged through this letter, that by making a public declaration of their assets, Judges' would be setting an example of transparency in the country which would then be emulated by other public servants in the country. In response to this letter, Justice K. Kannan of the Punjab and Haryana High Court, perhaps the first judge to voluntarily make his assets public, sent an email to Mr. Prashant Bhushan, Convener, CJAR, stating, that while he held views against the demand for public declaration of judges' assets, he had no qualms in sharing his financial and property details, which he attached to the email. The correspondence between Mr. Prashant Bhushan and Justice Kannan can be accessed here. Further the document sent by Justice Kannan detailing his point of view can also be read here. | | Karnataka High Court's, Justice DV Shylendra Kumar on Declaration of Assets by Judges | | Running out rightly contrary to the refusal of Judges of the High Courts and Supreme Court to publicly declare their assets, Justice, DV Shylendra Kumar of the Karnataka High Court, powerfully expresses his views against the Chief Justice of India speaking on behalf of the country’s judiciary as well as Justice Kumar’s right to express his views freely and without fear. His articles in the New Indian Express can be read here and here. Justice Kumars asset details as posted on a website can be accessed here. | | Too High a horse - Ram Jethmalani | | Former Law Minister, Mr. Ram Jethmalani asserts that judges must disclose their assets to maintain public confidence in the courts more....article | | Law Commission of India - Report on Reforms in the Judiciary | | The Law Commission of India, Chaired by Justice Dr. Justice AR. Lakshmanan, in its REPORT NO. 230 focuses on REFORMS IN THE JUDICIARY, offering some suggestions. The report was submitted to the Union Minister of Law and Jusitce, Ministry of Law and Justice, Government of India by the Law Commission on the 5th of August, 2009. Copy of the report can be found here. | | CJI-Please declare my assets: Justice J.S. Verma | | Former Chief Justice of India reitirates - Judicial accountability requires transparency. Public knowledge of the antecedents, assets and liabilities of the judge, spouse and dependents is necessary for adjudging the judge’s conduct and suitability for the performance of official duties... more. | | Accountable or not - Fali S. Nariman | | Renowned Jurist Fali S. Nariman states in this article that if the credibility of the higher judiciary is to be restored, as he believes it must — since without the higher judiciary our Constitution simply cannot work — it is essential that every judge of the Supreme Court set an example and voluntarily make a public disclosure of his (or her) assets on the website of the Supreme Court, law or no law. more. | | Limits of Judicial Conduct - V.R. Krishna Iyer | | A Performance Commission to investigate delinquent judges is essential if egregious judicial blunders are to be minimised. Read this thought provoking artcile where Justice Krishna Iyer dwells on the limits of judicial conduct in the present day context. more. | | Judges (Declaration of Assets and Liabilities) Bill 2009 access copy here | | CJAR Statement on proposed Bill on Declaration of Assets | | Government of India has recently declared that bill is proposed to be tabled in the parliament on the issue of declaration of assets by the judges. This bill mandates all judges to compulsorily declare their assets to respective Chief Justices. In light of this, Campaign for Judicial Accountability and Reforms have issued a public statement. Through this statement, CJAR has called for a public and annual declaration of assets by the Judges to ensure that the objective of transparency through this proposed Bill is achieved. The statement also appeals that the proposed Bill be finalised after effective consultation with civil society. The statement has been endorsed by many eminent persons from all walks of life. The statement can be downloaded from here. | | CJAR Strategic planning meeting | | On 11th July 2009, strategic planning meeting of the members of CJAR was held. In this meeting, future course of action of the Campaign was discussed. In this meeting, apart from other issues, recently passed legislation "Gram Nyalalaya Act", recommendation of 2nd Administrative Reforms Commission on Judicial Reforms were also discussed. Minutes of the meeting can be found here. Gram Nyayalaya Act, as passed by parliament can be found here. It can be compared with the Draft Gram Nyalayaya Bill as introduced in Rajya Sabha. Draft Bill can be found here. Excerpts from recommendations of 2nd ARC can be found here. In the meeting, status report of the activities of the CJAR during last year was also presented. This report can be downloaded from here. | | “Failing the common people” | | India has an independent judiciary. Nonetheless, the gaps between codified law and grassroots reality are wide. The Delhi-based Campaign for Judicial Accountability and Judicial Reforms wants matters to change. Prashant Bhushan, one of its leaders, explained what is wrong with the courts and what could make a difference in a D+C/E+Z-interview. ...more | | Govt probing assets owned by ex-CJI Sabharwal's family | | In the reply to an application filed under Right to Information Act, Central Government has admitted that pursuant to the complaint from CJAR regarding undue monetary advantage to the family members of Justice Sabharwal due to his controversial orders on sealing the business establishments in Delhi; CBI has been directed to investigate the matter. CBI is investigaing various aspects of the case, including the allegation of misuse of public office by the family members of Justice Sabharwal. ...more | | Lack of Judicial Accountability in India | | Recently, in a talk in South Asian Studies Department, Princeton, Prashant Bhushan delivered a talk on "Lack of Judicial Accountability in India". In this talk, Prashant has pointed how judiciary has acqired self-perpetrating oligarchy and has bocome powerful. He has also pointed out as to how the judiciary has been making attempts to keep itself cocooned and has dismissed all attempts to make it accountable. ...more | | Sacrificing Human Rights and Environmental Rights at the Alter of “Development" | | Recently, in a talk in George Washington University Law School, Washington, Prashant Bhushan presented a carefully researched paper titled Sacrificing Human Rights and Environmental Rights at the Altar of “Development”. In this paper, Prashant has pointed how “insensitive” the judiciary is, towards the poor. Indian courts have failed to protect the socio-economic rights of the common people of India who constitute the vast majority of the Indian population. The main reason behind the insensitiveness of judiciary is that the higher judiciary in India invariably comes from the elite section of the society nd it has become a self-appointing and self-perpetuating oligarchy, says Prashant. ...more | | Screening of Dam-age | | Screening of the documentary “Dam-age”, which covers the infamous Sardar Sarovar Project on the Narmada and the Arundhati Roy contempt case, took place at the India International Centre Auditorium on Saturday March 7, 2009. Read more about the film on the website of Icuras Films. You can also see the film on Google Video. | | RTI on recruitmentsin DHC | | An RTI application was filed in the Delhi High Court seeking information on recruitments of the Class III and Class IV employees from 1990 to 2000. The PIO’s response was that vacant positions were not always advertised nor interviews/tests conducted, whereas on the other hand several hundred temporary and adhoc appointments were made over this period. This goes to expose the complete violation of all rules of fairness and just procedure in recruitment and appointment at the Delhi High Court....more; ..application in pdf format; ..application in word | | | | Impeachment motion against Justice Sen moved | | 58 MPs of Rajya Sabha sent a letter to the Vice Prersident and the Chairman of Rajya Sabha seeking impeachment of Justice Soumitra Sen. News were published in ...Economic Times ...Hindu ...Indian Express | | Public Action : 26th Feb. '09 | | With the backdrop of a legal tussle over disclosure of assets by Judges, the Campaign for Judicial Accountability and Reform, organised a public protest outside the Supreme Court, in a bid for greater transparency and accountability in the judiciary. A silent demonstration Near Indian Law Institute, Opposite Supreme Court from 10 a.m. - 1:30 p.m. on the 26th of February, 2009. ...more; ..photos | | Judicial Delays Petition | | This petition is to seek redressal for crores of Indian citizens who are routinely denied justice because of its delayed and therefore, ineffective dispensation. It is to restore to them their fundamental and constitutional rights guaranteed under Articles 21, 14, 19 and the Preamble, and to enforce the constitutional obligations of State under Article 39A of the Constitution of India. ...more | | An Open Letter to Judges | | Eminent persons from different walks of life and movements have written an open letter to all Judges of Supreme Court and all High Courts in India, calling them upon to declare their assets voluntarily and set an example for other public servents. ...letter ...more | | Article: "Completely Collapsed System" | | News report in International Business Times highlighting the conditions of Indian Courts and pendency of cases. ...article | | Article: "Dismantling the walls of secrecy" | | A number of steps are required to strengthen the transparency regime sought to be established by the RTI Act. Tarunabh Khaitan writes in Frontline. ...article | | Article: "Go Ahead, Ask" | | Aruna Roy an Nikhil Dey of National Campaign for Peoples' Right to Information RTI must be empowered to penetrate the veil of corporate India This article was published in Tehelka ...article | | Article: "Judging the Judges" | | Recent cases underline the need for independent Constitutional bodies for the appointment of judges as well as for investigating complaints against them. These cannot be in-house bodies of judges and must be completely independent of the judiciary as well as of the government. Prashant Bhushan writes in Outlook. ...article | | Article: "In Suspension" | | Chandrani Banerjee writes in Outlook on the issue of impeachment of Justice Soumitra Sen as suggested by the Chief Justice of India and dilemma of the present government. ...article | | News: "CIC refuses to declare assets" | | Members of the Central Information Commission have recently decided not to declare their assets in public. ...news | | Students Workshop | | CJAR has yet again organised a Student Workshop on 'Judicial Accountability and Reform' on Saturday, February 7, 2009. This workshop aimed at providing the students with an overview and perspective on the judicial mechanism in the country in the present context. Apart from this, issues and concerns of students was also taken up and addressed through a time of open interaction and learning sessions. Ranking them an important stakeholder group and building for their fuller participation in the Campaign for Judicial Accountability and Reform....invite | | Press Converage | | Press Release... ...more NGO seeks consitutional body for judicial postings...more Non-transparency in judiciary casuing scandals: CJAR ...more Parties support sought to impeach HC Judge...more | | Press Conference | | A Press Conference is being organised by the Campaign for Judicial Accountability and Reform on the recent controversies relating to appointment and removal of judges, on Monday, 19th January, 2009 at 4p.m. at the Womens Press Corps. The conference will be addressed by Mr. Prashant Bhushan, Senior advocate, Supreme Court of India, Admiral R.H. Tahiliani (retired), former Chief of Naval Staff and Chairman Transparency International, India, Ms. Kamini Jaiswal, Senior advocate, Supreme Court of India and others....invite | | The Judiciary: Hopes and Fear by Prashant Bhushan | | When one examines the hopes and fears that one has from judiciary, it is necessary to define the role that one expects the judiciary to play in the country. Apart from dispensing justice in individual disputes brought before it, the judiciary is expected to be the guardian of the Constitution and is supposed to protect the fundamental rights of the people and implement the rule of law....more | | Appointment of Mr Ashwini Kumar Mata | | Letter to Chief Justice of India dated January 6, 2008 on behalf of CJAR. ...more | | Letter to Chief Justice of India ...more | | Removal of Mr Justice Soumitra Sen | | Students Text of the letter by Chief Justice of India to Prime Minister of India for Removal of Mr. Justice Soumitra Sen, Judge, Calcutta High Court ...more | | International Conference | | International conference of jurists on ‘Terrorism, Rule of Law & Human Rights’ was held in New Delhi on December 13-14, 2008. text of the Inaugural speech of Justice K.G.Balakrishna, CJI ...more | | Above the Law | | In Frontiline; A.G.Noorani, Nov 2008...more | | Against the Law | | In Frontiline; A.G.Noorani, Nov 2008...more | | RTI and Judiciary | | CJI not exempt from RTI purview, CIC tells Supreme Court; Times of India, Jan 7, 2009...more | | PF scam case | | PF scam judge transferred to Punjab and Haryana High Cout; Tribune, Jan 7, 2009...more | | Too many case | | In Frontiline; Nick Robinson, ...more | | | | Students Workshop | | A Half-day Students workshop on "Judicial Accountablity and Reforms" was organised by the Campaign on Saturday, October 18, 2008 at 6/5 Jangpura B, New Delhi fom 9 am to 1 pm. ....agenda | | Panel Discussion | | A Panel discussion on "Judicial Accountability - Appointment, Investigations and Removal" is organised by the Campaign on Wednesday, September 17, 2008 at Plenary Hall, Indian Law Institute, Bhagwan Das Road, New Delhi. ...background note | | More News on Judges Scam | | - PM calls for introspection on judicial appointments;Sept 12, 2008 ...more - A Rough Justice; Indian Express; Sept 10, 2008 ...more - UP cops want CBI probe against 34 judges; Sept 10, 2008 ...more - CBI can question two P&H High Court Judges; Sept 10, 2008 ...more - How to Judge a Judge; Sept 10, 2008 ...more - PF scam: UP getsflak for failing to order CBI probe; Sept 10, 2008 ...more - Stemming rot; Judges dont need complete immunity says CJI; Sept 10, 2008 ...more - Justice Sen not resigning; Sept 10, 2008 ...more - Judging the Judge; Sept 10, 2008 ...more - Kolkatta Judges case adds to judicial woes; Sept 09 , 2008 ...more - Why it's s difficult to remove a judge; Sept 09, 2008 ...more - Centre moves to impeach HC judge; Sept 09, 2008 ...more - CJI recommends impeachment of Calcutta HC judge; Sept 08, 2008 ...more | | Ghaziabad Judges Scam | | - The Hindu; July 15, 2008 ...more - Hindustan Times; July 15, 2008 ...more - Indian Express; July 15, 2008 ...more - Hindustan Times; July 13, 2008 ...more - The Hindu; July 08, 2008 ...more - Times of India; July 08, 2008 ...more - The Telegraph; July 08, 2008 ...more - ZEE News; July 04, 2008 ...more | | Judges' Wealth: Info body seeks opinions | | In an attempt to settle the controversy surrounding the implementation of Right to Information Act in the judiciary, the Central Information Commission (CIC) has directed Supreme Court officials and the Department of Personnel and Training to present their views on the matter. | | Ex-chief justice under corruption panel scanner | | In a development unprecedented in the country's judicial history, the Central Vigilance Commission (CVC), the government's anti-corruption watchdog, has forwarded a set of complaints with allegations of corruption and misconduct against former Chief Justice of India YK Sabharwal to the government for further action. | | | | Judges are Public Servants, not Bosses - J.Krishna Iyer | | Contrary to the Chief Justice of the Supreme Court recently said, the Right to Information Act does cover 'constitutional authorities' ...more | |  | | Corruption in judiciary: It needs to have an Ombudsman of its own - Fali S.Nariman | | | |   | CJA | | Judicial Accountability | | | | | Whether judges are appointed or elected it is their performance on the bench and their accountability for improper activities that is crucial. While there is great debate as to how judges are put on the bench, the public's dissatisfaction with the so-called independence of the judiciary and with the inadequacy of the judicial disciplinary machinery is disregarded by the Bench and Bar. We say that our system of government is a democracy. Yet we have a judiciary with absolute power over our courts, unparalleled in history. This power is founded on judicial independence, judicial immunity and control over the Bar. Our system of government is based on separation of powers and does not allow such concentration of power in the judicial branch. Florida is typical of the legal system throughout the country. Although the judiciary asserts immense power over the lives of individuals and the conduct of businesses, they have rendered themselves totally unaccountable to the public or to any other branch of government. The judges and lawyers maintain their stronghold on the legal system on the myth that they are the guardians of the constitutional rights of the people and that the lawyers champion these rights in a court of law that is just and fair. However, the legal profession has become big business, where justice is not the objective but, to keep the clock running for billable hours for the maximum profit. Although judges and lawyers hypothetically take an oath to uphold the laws and the constitution of the land, in many cases that oath might as well have been taken on the cook book, to brew up litigation to use the legal system for an assembly line conversion of the victim's assets into fees, or to confiscate it outright. Even if, there are some judges and lawyers dedicated to the proper administration of justice, unfortunately there are many who are not. To create fees, lawyers can litigate frivolous, false claims or defenses endlessly and can drag on a simple case for years. To stop the litigation, the attorneys can demand payment, a so-called settlement which in many cases is nothing more than a form of extortion. These practices not only harm the individual litigants but, is an unconscionable waste of the taxpayers' money and clog up the court system. Many judges acting in conjunction with attorneys, abuse the judicial independence given to them in trust and confidence of the people. The myth is dispelled when we are confronted by judges who disregard the rules; allow the distortion of facts sometimes to the point of perjury; exclude evidence; rely on laws which have no relevance to the legal and factual issues; issue decisions which fabricate facts and are contrary to the record; deliberately omit critical facts from the record; fail to follow the controlling law and precedent; or issue decisions without any stated facts or law; and approve unreasonable and unconscionable fees for attorneys. It is not unusual that property and money are taken from the victims without the required due process and the victims are left with nothing or a token of what they had or were entitled to. Read about the best judges money can buy Click here Also please read Judges Don't Care About My Life Click here. Judges should be made accountable for the time they spend on the bench Click here. A response to ABA praising judges Click here. A critical assessment of judges by former judge John Malloy click here. According to a poll take by an American Bar Journal survey more than half of Americans are angry and disappointed with the nation’s judiciary. A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable." To read go go to, http://www.abanet.org/journal/redesign/s30survey.html To see the judicial selection method in the States go to http://www.ajs.org/selection/sel_state-select-map.asp HOME | |   Judicial Accountability | Judicial Independence | Discipline State Court Judges Appeals-State Court | Disposal of JQC & Other Records | Discipline Federal Court Judges Appeals-Federal Court | Judicial Canons | Violation of Separation of Powers History of the Bar | Privatization of the Bar | Unauthorized Appropriation of Funds The Judicial Bar Rules | Unauthorized Bar Functions | Law is Big Business | Endnotes | | | |      | |        | | | | | Resources and Articles | | -Conflict of interest Times of India, Manoj Mitta ...more ...more | | -Judicial Integrity: Lessons from the past The Hindu, Anil Divan ...more | | - Controversial Choice Frontline, V Venkatesan ...more | | - Who's Big The Week, Soni Mishra ...more | | - Burn after reading Tehelka, Brijesh Pandy and Sanjay Dubey ...more | | - No, your Honour DNA, R. Jagannathan ...more | | - How to clean up the mess The Telegrah, M.S. Ananth ...more | | - India's villages await justice Hindustan Times, Nagendar Sharma ...more | | - The Dinakaran Imbroglio: Appointments and Complaints against Judges Prashant Bhushan ...more | | - Judicial Appointments and norms The Hindu, Anil Diwan ...more | | - Issues raised by láffaire Dinakaran The Hindu, Justice Krishna Iyer ...more | | - Judicial Accountability : Asset disclosures and beyond Economic and Political Weekly, Prashant Bhushan ...more | | - Frontline Interview with Prashant Bhushan on judiciary's accountability to the people Frontline, V. Venkatesan ...more | | - Tehelka interview with Prashant Bhushan on Corruption in the Judiciary Tehelka, Shoma Chaudhury ...more | | - In a higher court Indian Express, Justice J. S. Verma ...more | | - Make declaring judges' assets mandatory for all appointments The Hindu, Sriram Panchu ...more | | - A Call for Accountability Tehelka, 12th September 2009 ...more | | - Who judges the judges? Sunil Sethi, Business Standard, 5th September ...more | | - The Judges'Assets imbroglio Anil Divan, Senior Advocate, Supreme Court of India ...more | | - Everything for Justice V. R. Krishna Iyer ...more | | - Vital Stats: Pendency of Cases in Indian Courts PRS Legislative Research, Centre for Policy Research ...more | | - Reluctance to disclose assets creates impression that judge has something to hide Justice DV Shylendra Kumar, Karnataka High Court ...more | | - Indian Judiciary's Crisis of Credibility Manoj Mitta ...more | | - Regulating Conflict of Interest: International Experience with Asset Declaration and Disclosure By Richard E. Messick ...more | | - Sacrificing Human Rights and Environmental Rights at the Alter of “Development” By Prashant Bhushan ...more | | - Needed, transparency and accountability By V.R. Krishna Iyer, J ...more | | - The Judicary; Hopes and Fear By Prashant Bhushan ...more | | - Sending the Right Message By Joshua Rozenberg ...more | | - Courting Controversy - The Supreme Court & PILS By Prashant Bhushan ...more | | - Law above all? By Suchi Pande, Nikhil Dey and Aruna Roy ...more | | - Clean Up the judiciary By Shanti Bhushan - Times of India: National : 12th October 2007 In 1993, a nine-judge bench of the Supreme Court laid down a new system for making appointments of judges to the high courts and Supreme Court. This system gave enormous powers to a collegium of senior judges of the Supreme Court to select and make recommendations to the government for these appointments. Their recommendations were also directed to be binding on the government and president. ...more | | - Background Paper on "Securing Judicial Accountability" By Prashant Bhushan - Background paper to the seminar on "Securing Judicial Accountabiliy" New Delhi : 9th October 2007 The judiciary in the country today has come to enjoy enormous powers. It is not only the arbiter of disputes between citizens, between citizens and the State, between States and the Union, it also in purported exercise of powers to enforce fundamental rights, directs the governments to close down industries, commercial establishments, demolish jhuggis, remove hawkers and rickshaw pullers from the streets, prohibits strikes and bandhs etc. In short, it has come to be the most powerful institution of the State. ...more | |  | | - Majesty of the Judiciary By V.R. Krishna Iyer - Asian Age: New Delhi : 17th February 2007 The judiciary is the most sublime instrumentality in the country and I have served it for nearly a decade during the best part of my life. This article, written out of reverence for the judicature, has a benign intent meant to arrest its corruption and decline now creeping into its vitals. ...more | |  | | - Has The Philosophy Of The Supreme Court On Public Interest Litigation Changed In The Era Of Liberalisation? By Prashant Bhushan, Advocate The foundations of public interest litigation were laid in the late 70s with cases like the Ratlam Municipalities case. The scope and breadth of public interest litigation were expanded in the Eighties from the initial environmental concerns, to concerns like bonded labour, child labour, the rights of detenues, inmates of various asylums, the rights of the poor to education, to shelter and other essential amenities which would enable them to lead a life of dignity. ...more | | - Contempt of court: need for a second look By Markandey Katju - The Hindu, Monday, January 22, 2007 In a democracy the people should have the right to criticise judges. The purpose of the contempt power should not be to uphold the majesty and dignity of the court but only to enable it to function. ...more | | - Comments of the Committee on Judicial Accountability on the Judges Enquiry Bill, 2006. by Committee on Judicial Accountability. ...more | | - Judicial Accountability or Illusion - the National Judicial Council Bill by Prashant Bhushan, Advocate The recent decision of the government to bring a bill to amend the Judges Inquiry Act and provide for the constitution of a National Judicial Council to inquire into complaints against errant judges is being perceived as a long awaited initiative to introduce some accountability for judges of the higher judiciary. ...more  | | - Access to Justice: Judiciary watch by Videh Upadhyay, Advocate, Supreme Court The functioning of a democracy is dependent on the autonomy and efficacy of the three systems of the state, namely, parliament, executive and the judiciary. India in the last two decades has seen rapid erosion of the functioning of the parliament and the executive. In this scenario of failure of the state in ensuring its constitutional obligation and rights to the citizens and initiating social-economic transformation, the judiciary has often played a significant role in upholding the rule of law and thereby protecting the fundamentals of democracy in the country. ...more  | | Democracy and Justice by Dunu Roy, Director, Hazards Centre Is “democracy” a “good thing”? As the general elections approach, there is a concerted push to answer ‘yes’. Whereby, it is conveniently forgotten that for civil liberties to become a rallying cry, it was also necessary for the Emergency to be imposed! And, as one generation gives way before the next, another Emergency slowly creeps up onto an unwary nation. In many ways, the recent drive to clear the banks of the Yamuna in Delhi of slums and to convert the area into a national tourism-cum-cultural complex raises significant questions about the nature of Indian democracy. ...more | | - Questions without Answers by Sukumar Muralidhar & V. Venkatesan, Frontline, Vol 18, Issue 09 Former Law Minister and Senior Advocate Shanti Bhushan releases his correspondence with the Judges of the Supreme Court, the President and the Prime Minister seeking an inquiry into certain allegations relating to Chief Justice of India A.S. Anand. …more | |  | | - On Corruption In Judiciary And Judicial Accountability by Hardev Singh, Peoples Democracy A SPATE of scams involving members of higher judiciary in bribery, corruption, sex, favoritism and abuse of power has come as a great shock to the people. The arrest of Shamit Mukherjee, a Delhi High Court judge, just before being made permanent, magnified the shock beyond description so as to hasten the BJP-led government to announce the formation of a National Judicial Commission for appointments to the higher echelons of judiciary. …more  | | - Accountability of Supreme Court: Arundhati Roy Case By S.P.Sathe (EPW April 13, 2002) | | Can a citizen of India not criticise the Supreme Court’s decisions? Can she not criticise the procedures and management of the court? Is the court not supposed to be accountable? How will its accountability be enforced if it were made absolutely immune from public criticism? ...more  | | | | | | | | | PUCL Bulletin, August 2002 Judicial accountability -- By Rajindar Sachar The former Chief Justice of India, S.P. Bharucha, seemed to be echoing the lament in Hamlet, "Something is rotten in the State of Denmark" when he moaned recently that the integrity of about 20 per cent of the higher Judiciary was in doubt. Article 124(4) of the Constitution provides for the removal of a judge only on the ground of proved misbehaviour or incapacity. The process of impeachment is cumbersome and the result uncertain. Effective alternative measures are necessary because in a democracy governed by the rule of law under a written Constitution the Judiciary has been assigned the role of a sentinel on the qui vive to protect the fundamental rights and to hold even the scales of justice between the citizen and the state. There are credible complaints against the higher Judiciary. People talk with nostalgia of the not-so-distant past when, win or lose, the integrity of the higher Judiciary was never doubted. As the Supreme Court has said, "judicial office is essentially public trust. Society is, therefore, entitled to expect that a judge must be a man of high integrity, honesty and required to have moral vigor, ethical firmness and impervious to corrupt or venal influences." Hundreds of years ago, Francis Bacon, in his essay on 'Judicature', emphasised that "the place of justice is a hallowed place; and therefore not only the Bench, but the foot pace and precincts and purpose thereof ought to be preserved without scandal and corruption." But such is the irony that Bacon disgraced himself by indulging in acts of bribery and favouritism at the fag end of his career. This highlights the complexities and the sensitivities in the matter of effective, implementation of judicial honesty. It is correct that the Supreme Court has neither administrative control over the High Courts nor the power on the judicial side to inquire into the misbehaviour of a Chief Justice or a judge of a High Court. But that does not mean the judge is an absolute master, not answerable for his conduct except through impeachment proceedings. The Supreme Court has ruled that the Chief Justice of India and two senior colleagues on being prima facie satisfied about the correctness and truth touching the conduct of a High Court judge inconsistent with such high office could proceed against him through a process other than impeachment. In such a case, the judge concerned could be offered the option of resigning or facing an inquiry. I know the alternative of permitting the judge to resign when there has been misconduct may seem like taking the soft option, but considering the place of the Judiciary in our Constitutional frame as the bedrock of the rule of law, I would, to avoid public embarrassment, frankly want to vote for this option unless it involves: an open atrocious misconduct which must be publicly disclosed to serve as a warning. This Enquiry Committee will have the same personnel as is mandated for the impeachment proceedings, so as to inspire confidence about the impartiality of the proceedings. The plus point in this suggestion is that the constitution of a Committee of Judges to inquire into the misconduct could be initiated by the Chief Justice and his two colleagues and need not await the initiation by the Members of Parliament required for impeaching the judge, as mandated by the Constitution. Such a mode did work when some years back the then Chief Justice of India posed this alternative to a High Court judge and a Chief Justice and they quietly resigned rather than face impeachment... That is why the idea of a National Judicial Commission has been mooted to deal with appointment of High Court and Supreme Court judges and other connected matters. Of course, the details and the personnel of the judicial commission need to be debated. I am however, convinced that the leader of the Opposition must be a member of the panel. It is to be hoped that a commission will avoid the need for impeachment proceedings. Regarding removal, the Commission would remain a recommending body. Because, notwithstanding all the drawbacks, I am not convinced that removal of a High Court or Supreme Court judge should be through any method other than impeachment. I feel that removal from such high office should be publicly debated by the highest legislature, the representatives of the people, so that an assurance is given to the judge concerned that he is being judged by the people who in a democratic set - up are real sovereigns. I also feel that the retirement age of the Supreme Court and High Court judges should be the same. If that happens, all this lobbying, etc., will stop because, barring the case of a judge who may have the chance of being the Chief Justice of India, there will normally be no attraction for a High Court judge in trying into move Delhi, which would involve dislocation of his/her family and normal pattern of life. The appointment of outside judges as Chief Justices of High Courts has failed. I feel this practice must cease because by following it two infirmities crop up. One, that the new Chief Justices mostly hold office for a short period in the new High Court and are not able to make any imprint on their colleagues or the functioning of the Court. This practice also leads to heartburn because some are appointed Chief Justices of the bigger Courts and some to the smaller Courts on no explainable principle excepting as a rule of thumb - hardly befitting judicial objectivity. Two, I am against the policy of non-consensual transfers of judges from one High Court to another. This policy would weaken the bulwark of our Constitution - namely, independence of the Judiciary - for as Justice Douglas of the U.S. Supreme Court said, "no matter how strong an individual judge's spine, the threat of punishment - (read transfer) is the greatest peril to judicial independence -would project as dark a shadow whether cast by political strangers or by judicial colleagues". I do not underestimate even for a moment the damage some judges have caused to the judicial institutions by their unethical conduct, but damage control will be better done by selective transfer rather through a general policy. The transfer policy also gives rise to the syndrome of sycophancy and flattery. That is unfortunate because the High Court, like the Supreme Court, represents the same aspects of sovereignty. If I sound a bit harsh, I can only invoke the caveat of Justice Holmes of the U.S. Supreme Court, who said, "trust that no one will understand me to be speaking with disrespect of the law because I criticise it so freely. But one may criticise even what one reveres... And I should show less than devotion, if I did not do what in me lies to improve it." Home | Index | Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313 home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com , contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
Posted by naghrw
at 11:11 AM EST
Sunday, 1 November 2009
AN APPEAL TO SHRI. Manivannan , HONOURABLE DISTRICT MAGISTRATE MYSORE
Mood:
bright
Topic: human rights , media
S.O.S - eVoice For Justice - e-news weekly Spreading the light of humanity & freedom AN APPEAL TO Shri. Manivannan , HONOURABLE DISTRICT MAGISTRATE MYSORE From, NAGARAJ.M.R, Editor , e-Clarion of Dalit & e-Voice For Justice , LIG-2 / 761, HUDCO FIRST STAGE, LAXMIKANTANGAR, HEBBAL, MYSORE – 570017 To , Shri. Manivannan , IAS , Honorable District Magistrate , Mysore District . Dear sir , Subject : In response to your telephone call to me on 31.10.2009 at 22:40 hours regarding your demolition drive. Since 0ctober 2007 , our publication is bringing issues of illegalities of buildings , lands to the notice of government . Many times we have published the articles , appeals for legal actions , all those articles are published & in public domain. Each weekly news paper is sent to various government authorities ( CMO , PMO , SUPREME COURT , RASHTRAPATHI BHAWAN , RAJ BHAVAN , etc ) through e-mail , including the office of deputy commissioner , mysore district (office id dc_mys@dataone.in , dcmys@sancharnet.in, ). For almost since two years we are even sending our weekly paper to your personal id mani300bc@gmail.com ,. Many of our appeals are sent to government authorities through DPG & DARPG on-line grievance registration . after receiving our weekly paper of February 2008 , you have called me over phone in the same fashion & assured me of appropriate legal action. Till date nothing has happened . Visit following websites to know about the crimes of Indian public servants CROSS EXAM OF INDIAN JUDGES http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-indian... , POLICE NOT REGISTERING COMPLAINT http://sites.google.com/site/sosevoiceforjustice/police-not-registeri... , In your tele conversation , you said the articles in our publication as non sense. It may be your view as you are a public servant & being questioned. I do stand by my articles as they are for public good , public welfare & for Accountability of Public Servants. we do have highest respect for all constitutional functionaries & public servants , however the same respect must be reciprocated by public servants & constitutional functionaries towards common people. After all british era is over & we are living in a democracy , some of our public servants & constitutional functionaries are still in british era hangover. If a common man asks for accountability of a public servant , it must not be misunderstood as disrespect or contempt towards the office he / she holds. Fake cases should not be lodged against common people who demand accountability of public servants. Hereby , I do once again request you to order the Honorable circle inspector of police , vijayanagar police station , mysore to register my following complaint ( which has been submitted to him via e-mail through DGP’s office , DPG & DARPG website and through registered post ). When the case is registered & comes before a court of justice , I will produce the necessary documents before the court. The complaint concerns not just the issue of RTI ACT violations , It is clear case of crime cover-ups by public servants , violation of common people’s FUNDAMENTAL & HUMAN RIGHTS by public servants and finally obstruction by public servants to performance of FUNDAMENTAL DUTIES by citizens of India. If I have to come to your office please issue me written summons , I will attend to it. If I am repeatedly called to your office or else where for the sake of this enquiry , the losses accruing to me like wages , transportation , job loss , etc must be borne by the authorities. The opposite parties who have erred must also be called for enquiry. Thank you. Jai Hind. Vande Mataram. Date : 01.11.2009…………………………….Your’s sincerely, Place : Mysore………………………………..Nagaraj.M.R. POLICE NOT REGISTERING FOLLOWING COMPLAINT From, NAGARAJ.M.R, LIG-2 / 761, HUDCO FIRST STAGE, LAXMIKANTANGAR, HEBBAL, MYSORE - 570017. Through, Honourable DG & IG of Police , State Police H.Q , Bangalore. To, Honourable Circle Inspector of Police, Vijayanagar Police Station, Mysore. Honourable Sir, Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of India & other public servants In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every Indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every human being on earth has got HUMAN RIGHTS, by virtue of his / her birth. However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats - unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants. In India , corruption has spread it's tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta. Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is left high & dry even though the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people's last hope , democracy is dead. nowadays we are hearing too many reports of irregularities in judiciary. our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon'ble supreme court of india, but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS. The issues raised by us for sample : 1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of indians & public of importing nations who are importing the same dangerous products from india . 2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law. in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers. 3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies. 4. The reports in media about certain highly placed public servants leaking india's defense secrets to foreign countries & some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints. over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible for free legal aid, even free legal aid was not given to me. Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence. CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA - http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE – http://crosscji.blogspot.com/ , http://crossexamofchiefjustice.blogspot.com/ , http://crimesofsupremecourt.wordpress.com/ , http://crosscji.wordpress.com/ , http://crossexamofchiefjustice.wordpress.com/ , CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/ , http://theftinrbi.wordpress.com/ CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE – http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ , CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE – http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ , CORPORATE CRIMES RPG CABLES LIMITED http://crimesatrpg.blogspot.com/ , http://crimesatrpg.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/218 MEGA FRAUD BY GOVERNMENT OF INDIA http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 are you ready to catch tax thieves ? http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 MOBILE PHONES , CURRENCY SCANDALS http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 reliance industry where is accountability ? http://megafraudbygoi.blogspot.com/ , http://megafraudbygoi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/196 crimes at infosys campus http://crimeatinfy.blogspot.com/ , http://crimeatinfy.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/214 crimes by B.D.A against a poor woman http://crimesofbda.blogpot.com/ , http://bdacrimes.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/212 crimes of land mafia in India http://landscamsinindia.blogspot.com/ , http://landscam.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/212 currency thefts in RBI Press http://theftinrbi.blogspot.com/ , http://theftinrbi.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/80 killer colas & killer medicines of India http://deathcola.blogpot.com/ , http://deathcola.wordpress.com/ , http://groups.yahoo.com/group/naghrw/message/201 We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do request you to legally prosecute the below mentioned public servants viz 1. H.E.Honourable President of India 2. Honourable Chief Justice Of India 3. Union Home Secretary , GOI 4. Governor , Reserve Bank Of India 5. Director-General & Inspector General Of Police , government of karnataka 6. Commissioner , Bangalore Development Authority 7. Commissioner , Mysore Urban Development Authority 8. Commissioner , Mysore City Corporation 9. Labour Commissioner , government of karnataka and 10. all public servants belonging to tax dept , pollution control board , etc mentioned in the above cases with web links. on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective. if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus , then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , public servants & Constitutional fuctionaries. thanking you. Jai Hind , Vande Mataram. Date : 04.07.09………………… your's sincerely, Place : Mysore…………………. nagaraj.m.r. Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313 home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com , contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
Posted by naghrw
at 8:15 AM EDT
Friday, 30 October 2009
Manivannan sir - Biased Demolition
Mood:
bright
Topic: human rights , media
S.O.S - eVoice For Justice - e-news weekly Spreading the light of humanity & freedom Editor: Nagaraj.M.R.....vol.5.issue.45....07/11/2009 Editorial : PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , DISTIRCT MAGISTRATE MYSORE , COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY - biased demolition drive ? Our publications expresses it's whole hearted support to your demolition drive against land grabbers - small fishes. what about the bigger fishes , whales who have grabbed huge govt lands worth crores , illegally built over corporation drainages , right under HT electric lines , right on CA sites , right on lakes. Some of these violations has occurred during your present tenure only , even it has been brought to your personal notice , no action by you till date , why ? Now , MUDA is on the verge of giving whole sale LAND USAGE CONVERSION FOR HUGE ACRES OF AGRICULTURAL LANDS TO COMMERCIAL , RESIDENTIAL , INDUSTRIAL USAGE. Before doing that please publicly answer the following questionaire. For the failure to answer our RTI request & to legally prosecute land grabbers , building bye-law violators , our publication has failed a criminal complaint against Commissioner MUDA & Commissioner , MCC at vijayanagar police station , Mysore. Visit following websites to know about the crimes of Indian public servants CROSS EXAM OF INDIAN JUDGES http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-indian-judges , POLICE NOT REGISTERING COMPLAINT http://sites.google.com/site/sosevoiceforjustice/police-not-registering-complaint-1 , Our publication has sought information as per RTI Act from MUDA , MCC & district administration about various irregularities of land allotment , conversions in & around mysore city. however till date MCC has not cared to reply , MUDA has only given half truths , district administration has not given full information at all. the officials of said authorities are putting onus of giving information on the other. thereby , the officials are indirectly protecting land mafia . now , you are the head of MUDA & DISTRICT ADMINISTRATION and you are well known for your integrity , honesty of duty . we respect you & request your kindself to publicly answer the following questions ( WHICH YOUR OFFICIALS TRIED TO AVOID & HID ) , so that criminals will be put in the open benefitting the larger public interest. JAI HIND. VANDE MATARAM. Your's sincerely, NAGARAJ.M.R. PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , I.A.S , HONOURABLE DISTRICT MAGISTRATE , MYSORE 1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ? 2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ? 3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ? 4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ? 5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ? 6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ? 7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ? 8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ? 9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ? 10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ? 11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ? 12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ? 13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ? 14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ? 15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ? 16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ? 17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ? 18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ? 19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ? 20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ? 21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ? 22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ? 23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ? 24. have you filed police complaints against those criminals – tresspassers ? if not why ? 25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ? 26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ? 27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ? 28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ? 29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ? 30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ? 31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ? 32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ? 33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ? 34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ? 35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ? 36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date . 37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date . 38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ? 39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ? 40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ? 41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ? 42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ? 43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ? 44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ? 45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ? 46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ? 47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ? 48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ? 49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ? 50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ? 51.before regularizing such violations have you sought public objections & given media publicity ? if not why ? 52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ? 53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ? 54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ? 55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ? land scam in Karnataka – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka When a crime is noticed , it is the duty of the government to investigate who did it ? and to legally prosecute them in court & provide justice . if thousands of criminals , lakhs of criminals got together & did the same type of crimes , all of them must be legally prosecuted. Just for the overwhelming numbers of criminals law of the land cann't be changed. However in the Karnataka state , many political bigwigs , rich crooks have done the same crime , LAND GRABBING – illegal possession of government land & illegal constructions over it. Important land records of those government lands , lands belonging to poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt officials ) Now, their political masters are legalizing the crimes . what a shame to the government of Karnataka ? The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the legislative assembly is still probing the land grabbings in Karnataka. However the government in a hurry , is auctioning – off those government lands without proper publicity to the auction process , sufficient time for bidder's expression of interest. In some cases , a pittance is levied as penalty for the illegal occupation to get it legalized. The government is not bothered about legally prosecuting the illegal occupier of those lands. In many civic bodies , important property documents belonging to the government & poor are missing from the record rooms. All these point towards the government intention , to legalise the crimes of illegal land occupiers who are nothing but their own political cronies. The recent ordinance by government of Karnataka to regularize land deals is envisaging to legalize the crimes of rich. The illegal land conversions , land encroachments , encroachment of civic amenities made by the rich are being legalized with levying a pittance as penalty in the name of public welfare . Whereas the land worth at today's market prices are 10's of thousands of crore it is only wefare of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The authorities evict poor tribal people from their ancestral forest area in the name of conservation , evict tribal people from villages in the name of development without proper rehabilitation measures. The government is not giving land rights to slum dwellers , poor , dalits over the land they are dwelling , the government is deaf to appeals of dalits for land rights. However the same government is sympathetic to rich who have encroached land & built huge commercial complexes worth crores violating all norms with total disregard to civic amenity or safety. Hereby , HRW appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally occupied government lands & to annul this ordinance of government of Karnataka which seeks to legalize land crimes. THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary An appeal ( PIL ) to the honourable supreme court of India The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted " town municipal / city corporation laws & building laws" , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it's occupants , to ensure the safety of pedestrians & road users. Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc. There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted CA sites to commercial purposes , authorised deviations / encroachments of public lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of protecting the PIL applicant & upholding the law has taken sides with the land grabbers. The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now , the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals. The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals. Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also. Hereby , HUMAN RIGHTS WATCH urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings. ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE During the auction of above sick industry the land usage was for industrial purpose only. so, people with other commercial objectives were not allowed to participate in the auction. Thereby, the final auctioned amount was very much less than the market value. This has a direct bearing on employees of that industry , lending banks , govt dept , etc who have all put forward their claims for dues from that industry. noW, all of them are getting very much less than what is due from the closed company. A loss of crores of rupees to banks , government , employees has been made by the cunningness of civic bodies. Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to give land usage conversion to the new occupier, who is building posh villas & resorts here. Is it right & justified ? should not they conduct auction once again or charge market value to the new owner. LAND MAFIA IN KARNATAKA The land mafia which has links with political leadership & top govt servants in the state, is running business widely in & around bangalore,mysore & other major towns. The authorities like city corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the lands meant for public welfare in favour of land mafia. The authorities have earmarked these lands for public welfare ie parks , schools , hospitals at the planning stage itself for current & future needs of the people. In most cases the land mafia has illegally occupied the lands , built commercial complexes & sold it for crores of rupees. 1. the authorities are not demolishing these illegal structures & prosecuting the occupiers. 2. In some cases the authorities are denotifying , regularizing those illegal occupations by levying a pittance as penalty which is very much less than the market value. 3. In some cases for example a notified site for school is alloted to an educational trust. They build 2 rooms in 25% of the site & state that this is free school meant for weaker sections. After a year or two , they state before the authority that to run this school they need funds. So they are planning to build commercial complexes around the school site & by the rent collected from shops they will run the school. In this manner sites meant for schools , hospitals , temples & other social organisations apply for conversion of land usage & use major portion of the land for commercial purposes. Hereby , our publication urges the govt of karnataka & other authorities , 1. to clearly demarcate the govt lands & announce it boldly to the public. 2. To clearly demarcate lands meant for public amenities both for current & future usage. 3. To clearly demarcate lands required for town planning say 20 years down the line. 4. To clearly mention in such plans the purpose it is reserved for ie parks , hospitals , schools , etc. 5. To impartially act against illegal occupiers – rich or poor. 6. Say while denotifying a land meant for school an alternate land for school must be incorporated in the original plan. 7. Before denotification public objections must be called for & considered responsibly. 8. After denotification the land must be sold at the market rate not the govt rate. 9. In case of land usage conversion also the objections from the public must be called for & considered responsibly. 10. After land usage conversion an alternate land must be incorporated in the plan for the original use. 11. In case of land usage conversion also the occupier must be charged at the market value. 12. To declare annually the property details of all officials with denotifying / land usage conversion authorities together with details of their family member's properties with provision for public scrutiny, cross checking. 13. To ruthlessly prosecute the corrupt officials & ministers. 14. To make public the report of past district magistrate mysore mr. T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore. Also the action taken report. ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT Different political parties are trading charges against each other about illegalities in the mysore-bangalore expressway project. Grave mistakes have been committed by the previous state governments. The saving grace is judiciary has taken note of it. The fundamental principle behind land acquisitions by the governments is to use that acquired lands for public welfare. As the govt acquires the land with this noble intentions even the land looser contents himself with compensation at govt rate. Always the govt rate is much below market value. If at all the govt wants to give out that acquired land to a private party for private use or for the use of a selected few, the govt must give prevailing market rate to the land looser. In such cases the govt does not have authority to force the land owner to sell his property. In this mysore-bangalore 4 lane expressway project, following inconsistencies are there, 1. this road is not for free public use, but only for those who pays the toll fees. 2. The luxurious resorts , townships , etc which are to be built alongside this road are not open for free public usage but only for the rich who can afford it. 3. The govt has concluded this deal in a hush-hush manner. 4. Any disputes raised by this project should be addressed to international arbiter at london which a poor land owner or general public can ill-afford. 5. The govt has not paid the prevailing market value to the land loosers. 6. The govt has not given the option to land owners not to sell their property. 7. This whole project is for rich , built by the rich for the rich & not meant for public welfare. The govt must give back the lands to the owners who wants it back & must pay the market value to those willing to sell. As this project is built by wealthy people for wealthy people why cann't they cough- up market value? APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 ) FULL NAME OF THE APPLICANT : NAGARAJ.M.R. ADDRESS OF THE APPLICANT : NAGARAJ.M.R., EDITOR , E-VOICE OF HUMAN RIGHTS WATCH, # LIG-2 / 761, OPP WATER WORKS OFFICE, HUDCO FIRST STAGE, LAXMIKANTANAGAR, HEBBAL, MYSORE , KARNATAKA , PIN – 570017. DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED : HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. 1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ? 2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ? 3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ? 4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ? 5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ? 6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ? 7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ? 8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ? 9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ? 10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ? 11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ? 12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ? 13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ? 14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ? 15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ? 16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ? 17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ? 18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ? 19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ? 20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ? 21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ? 22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ? 23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ? 24. have you filed police complaints against those criminals – tresspassers ? if not why ? 25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ? 26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ? 27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ? 28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ? 29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ? 30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ? 31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ? 32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ? 33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ? 34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ? 35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ? 36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date . 37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date . 38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ? 39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ? 40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ? 41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ? 42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ? 43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ? 44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ? 45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ? 46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ? 47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ? 48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ? 49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ? 50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ? 51.before regularizing such violations have you sought public objections & given media publicity ? if not why ? 52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ? 53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ? 54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ? 55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ? YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947. REMARKS : PIO of O/O commissioner , Mysore urban development authority , Mysore failed to provide full information to us. Vide lettes , PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED : PUBLIC INFORMATION OFFICER , O/O COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE . DATE : 21.04.08 YOUR’S SINCERELY, PLACE : MYSORE NAGARAJ.M.R. CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE – http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ , Raja faces heat as CBI raids DoT on 2G scam Turning the heat on telecom minister A. Raja, the Central Bureau of Investigation (CBI) has registered a case saying there was large scale corruption in the allocation of 2G (second generation) radio spectrum licences. Raja, the second-time telecom minister in the UPA government, had repeatedly denied any corruption in the 2G allocation to private companies in 2008. The FIR filed by CBI on Thursday names no person but merely mentions unknown officials of the department of telecommunications (DoT) and unknown private persons and companies as the accused. The agency raided the DoT office in Sanchar Bhawan and the search for incriminating documents was on till late night in the wireless planning cell and in the office of the deputy directorgeneral (access services) of DoT. Top bureaucrats of the ministry are under the CBI scanner. The FIR confirms allegations of "serious irregularities" in the award of the spectrum licenses and a criminal conspiracy woven between DoT officials and certain private companies. However, telecom minister A. Raja ruled out resignation in the wake of CBI searches in his ministry. "The question of my resignation does not arise. All decisions on spectrum licensing have been taken in accordance with procedures laid down by Telecom Regulatory Authority of India (Trai) and in consultations with the Prime Minister," he told reporters. But the CBI FIR said, "The licenses were awarded to these companies by putting a cap on the number of applicants against the recommendations of the Trai. The licences to these private companies were given on a first-come-first-served basis at the rates of 2001 - which were very low - without any competitive bidding." CBI has acted within days of the Central Vigilance Commission ( CVC) asking for a comprehensive CBI probe. "The CVC findings show the spectrum was not allocated at the present market- driven price, no auction process was followed and no bids were invited. We will now quiz senior DoT officials, including an IAS officer," a senior CBI official said. "The scam could run up to Rs 22,000 crore. Firms which got the licences at throwaway prices later sold their stake to foreign operators at huge prices," he added. SOURCES said the CBI probe will concentrate on specific aspects like why DoT did not go for the auction process in accordance with Trai guidelines and instead opted for a firstcome- first- served approach. It will also examine why licences were not issued at current prices and why no time cap was fixed for those who were given the licences. " CBI will further analyse documents to ascertain if the DoT had cabinet approval for going ahead with its idea of not inviting global bids for such a big project," according to sources. Two companies that got these licences in 2008 - Swan Telecom and Unitech - are allegedly under CBI investigation. Swan Telecom got the license for a mere Rs 1,537 crore. It then sold its stake to a foreign operator at nearly three times the amount within a few months. Unitech got the spectrum licence for Rs 1,650 crore from the DoT, which too, sold its stake to a Norwegian company for over four times this amount. " The end loser was the government, which could have earned thousands of crores more," said a CBI official. In 2008, the government had issued new licences bundled with start- up 4.4 MHz spectrum at a fee of Rs 1,651 crore. UNDER SCANNER CBI will probe why DoT didn't go for the auction as per Trai norms & opted for a first-come-first-served approach. It will also examine why licences were not issued at current prices and why no time cap was fixed for those who were given licences. The scam could run up to Rs 22,000 crore. Firms which got the licences at throwaway prices later sold their stakes to foreign telcos at big prices. Two firms that got these licences in 2008 - Swan Telecom and Unitech - are under CBI investigation. BJP demands sacking of A.Raja over 2G spectrum scam The Bharatiya Janata Party (BJP) on Monday reiterated its demand that Telecom Minister A.Raja be sacked for his controversial role in the allocation of 2G spectrum. Addressing a news conference in the capital here this afternoon, BJP General Secretary Arun Jaitely claimed that by allocating 2G spectrum at prices that were in existence in 2001 and not what was the prevailing rate in 2009, A.Raja had colluded in a fraud and loss of more than Rs.60,000 crores, making it the largest scam in independent India history. "It is unfortunate that the Prime Minister has chosen to comment on the innocence of the minister, even while the investigations are on. There was no occasion for the Prime Minister to send such a signal to the investigative agencies directly under him," Jaitely said. "This country has been robbed of a large amount of money by this misdemeanour of the Telecom Department. The compulsions of the coalition politics should not come in the way of an honest investigation. Propriety requires that while the investigations are under way, the minister should cease to be in office. His continuation in that ministry is itself a deterrent to an honest and independent investigation," he added. "The entire nation is closely watching this investigation. Let this investigation not result in holding civil servants guilty and the minister innocent. It was the minister who is the prime accused and the civil servants were only carrying out his dictates," Jaitely further said. He said that with the Central Bureau of Investigation registering a regular case with regard to the allotment of spectrum for the 2-G license issued by the Department of Telecommunications in 2007; the offices of the Department of Telecommunications have been searched and various documents have been seized, there was serious ground to assume that an impropriety had been committed in the public domain. "To Shri A. Raja's statement that he had kept the Prime Minister informed of what he was doing, the Prime Minister has said - " I would not like to join the issue in the public with my Cabinet colleague." Obviously, the Prime Minister is in no position to agree or disagree," Jaitely said. The allegations against Shri A. Raja and the officers of the Department of Telecommunications are very clear, Jaitely said, adding that the BJP had raised the issue in Parliament during the Monsoon Session. He said that the party had then demanded prosecution of the minister and other officers under Section 13(1)(d) of the Prevention of Corruption Act. This provision provides for imprisonment of seven years, Jaitely said, adding that Raja is primarily liable for this offence.(ANI) 2G row: Raja accuses NDA of Rs 1 lakh crore scam NEW DELHI, INDIA: A.Raja, Union Minster for IT and Communication, has alleged that the NDA Government had unlawfully allocated 2G spectrum to some operators and reduced license fee without any approval from the Cabinet or recommendation from TRAI. He alleged this has incurred the government a loss of approximately one lakh crore rupees. "On record it had been observed that the license fee was brought down to Rs 1000 crore to benefit some of the operators. The whole spectrum allocation and license fee reduction is estimated to have cost rupees one lakh crore to the government," alleged Raja. While addressing the curtain raiser event of Indian Telecom 2009 here today the minister also criticized BJP leader Arun Jaitley, who has demanded his resignation, for defending a major operator in court. "Arun Jaitley himself appeared before the court to defend an operator. Now his legal brain is fighting with political brain. I don't know what will be the outcome," said Raja. Raja slammed the previous NDA regime for allocating excess spectrum without any approval of the Cabinet and recommendation from TRAI. "There was no policy of issuing beyond 4.4 MHz spectrum to an operator but there were allocation made beyond 4.4 MHz to some of the operators," said the telecom minister. Raja further added that despite clear orders which said that no allocation should be made in the band of 900 MHz, NDA allocated spectrum to some of the operators. "The government has approved through clear orders that there should be no allocation from 900 MHz spectrum band but willfully and ignoring the law, this 900 MHz band was allocated to some operators during NDA," said Raja. "There was allocation of 250 MHz spectrum without any upfront charge. Additionally there was no revenue sharing for allocation of spectrum beyond 8 to 10 MHz. What we mean to say, was 250 MHz spectrum their ancestral property? I am the first minister to say that spectrum allocation should be done on upfront charges," said Raja. He also said the NDA ministers did not go for TRAI recommendation and also there was no revenue sharing. The minister also said that the reduction in the license fee benefited some of the operators. However, Raja did not answer the questions on the amendment that were made during NDA Government at the time of introduction of Unified Access Service Licenses (UASL) on October 31, 2003, whereby it was decided that the future licenses would not be given on 'first come first serve' basis but should be auctioned. On October 27, 2003, TRAI in its recommendation on UASL had opined that on availability of additional spectrum additional players could be added by multi-stage bidding process. TRAI, in Section 7.39 of this recommendation, mentioned that "As the existing players have to improve the efficiency of utilization of spectrum and if Government ensures availability of additional spectrum then in the existing Licensing Regime, they may introduce additional players through a multi-stage bidding process as was followed for 4th cellular operator." Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313 home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com , contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
Posted by naghrw
at 11:10 AM EDT
Manivannan sir - Biased Demolition
Mood:
bright
Topic: human rights , media
S.O.S - eVoice For Justice - e-news weekly Spreading the light of humanity & freedom Editor: Nagaraj.M.R.....vol.5.issue.45....07/11/2009 Editorial : PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , DISTIRCT MAGISTRATE MYSORE , COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY - biased demolition drive ? Our publications expresses it's whole hearted support to your demolition drive against land grabbers - small fishes. what about the bigger fishes , whales who have grabbed huge govt lands worth crores , illegally built over corporation drainages , right under HT electric lines , right on CA sites , right on lakes. Some of these violations has occurred during your present tenure only , even it has been brought to your personal notice , no action by you till date , why ? Now , MUDA is on the verge of giving whole sale LAND USAGE CONVERSION FOR HUGE ACRES OF AGRICULTURAL LANDS TO COMMERCIAL , RESIDENTIAL , INDUSTRIAL USAGE. Before doing that please publicly answer the following questionaire. For the failure to answer our RTI request & to legally prosecute land grabbers , building bye-law violators , our publication has failed a criminal complaint against Commissioner MUDA & Commissioner , MCC at vijayanagar police station , Mysore. Visit following websites to know about the crimes of Indian public servants CROSS EXAM OF INDIAN JUDGES http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-indian-judges , POLICE NOT REGISTERING COMPLAINT http://sites.google.com/site/sosevoiceforjustice/police-not-registering-complaint-1 , Our publication has sought information as per RTI Act from MUDA , MCC & district administration about various irregularities of land allotment , conversions in & around mysore city. however till date MCC has not cared to reply , MUDA has only given half truths , district administration has not given full information at all. the officials of said authorities are putting onus of giving information on the other. thereby , the officials are indirectly protecting land mafia . now , you are the head of MUDA & DISTRICT ADMINISTRATION and you are well known for your integrity , honesty of duty . we respect you & request your kindself to publicly answer the following questions ( WHICH YOUR OFFICIALS TRIED TO AVOID & HID ) , so that criminals will be put in the open benefitting the larger public interest. JAI HIND. VANDE MATARAM. Your's sincerely, NAGARAJ.M.R. PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , I.A.S , HONOURABLE DISTRICT MAGISTRATE , MYSORE 1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ? 2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ? 3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ? 4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ? 5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ? 6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ? 7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ? 8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ? 9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ? 10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ? 11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ? 12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ? 13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ? 14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ? 15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ? 16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ? 17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ? 18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ? 19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ? 20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ? 21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ? 22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ? 23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ? 24. have you filed police complaints against those criminals – tresspassers ? if not why ? 25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ? 26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ? 27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ? 28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ? 29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ? 30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ? 31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ? 32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ? 33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ? 34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ? 35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ? 36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date . 37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date . 38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ? 39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ? 40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ? 41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ? 42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ? 43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ? 44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ? 45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ? 46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ? 47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ? 48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ? 49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ? 50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ? 51.before regularizing such violations have you sought public objections & given media publicity ? if not why ? 52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ? 53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ? 54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ? 55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ? land scam in Karnataka – an appeal to honourable supreme court of India & H.E.Honourable Governor Of Karnataka When a crime is noticed , it is the duty of the government to investigate who did it ? and to legally prosecute them in court & provide justice . if thousands of criminals , lakhs of criminals got together & did the same type of crimes , all of them must be legally prosecuted. Just for the overwhelming numbers of criminals law of the land cann't be changed. However in the Karnataka state , many political bigwigs , rich crooks have done the same crime , LAND GRABBING – illegal possession of government land & illegal constructions over it. Important land records of those government lands , lands belonging to poor are lost in record rooms of civic bodies ( cunningly destroyed by corrupt officials ) Now, their political masters are legalizing the crimes . what a shame to the government of Karnataka ? The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the legislative assembly is still probing the land grabbings in Karnataka. However the government in a hurry , is auctioning – off those government lands without proper publicity to the auction process , sufficient time for bidder's expression of interest. In some cases , a pittance is levied as penalty for the illegal occupation to get it legalized. The government is not bothered about legally prosecuting the illegal occupier of those lands. In many civic bodies , important property documents belonging to the government & poor are missing from the record rooms. All these point towards the government intention , to legalise the crimes of illegal land occupiers who are nothing but their own political cronies. The recent ordinance by government of Karnataka to regularize land deals is envisaging to legalize the crimes of rich. The illegal land conversions , land encroachments , encroachment of civic amenities made by the rich are being legalized with levying a pittance as penalty in the name of public welfare . Whereas the land worth at today's market prices are 10's of thousands of crore it is only wefare of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The authorities evict poor tribal people from their ancestral forest area in the name of conservation , evict tribal people from villages in the name of development without proper rehabilitation measures. The government is not giving land rights to slum dwellers , poor , dalits over the land they are dwelling , the government is deaf to appeals of dalits for land rights. However the same government is sympathetic to rich who have encroached land & built huge commercial complexes worth crores violating all norms with total disregard to civic amenity or safety. Hereby , HRW appeals to honourable supreme court of India , to annul the bid process of government of Karnataka with respect to illegally occupied government lands & to annul this ordinance of government of Karnataka which seeks to legalize land crimes. THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary An appeal ( PIL ) to the honourable supreme court of India The recent attempts by government of India & other state governments to legalise land grabbings by enacting new land laws in the name of public welfare is farce . while crores of people are without shelter & are living on streets , people in slums , tribal lands are struggling for land rights since decades the governments were mum & deaf. Now , as the rulers themselves & their cronies have built illegal constructions running into crores they are shedding crocodile tears in the name of public welfare. In india, various state governments have enacted " town municipal / city corporation laws & building laws" , to ensure orderly growth of cities & towns , to ensure the safety of buildings & it's occupants , to ensure the safety of pedestrians & road users. Numerous educated people , ruling elite – ministers , police , government officials , M.Ps , M.L.As , etc knowing fully well about the laws have illegally built bungalows , commercial complexes , throwing to wind all laws. In their greed they have shown utter contempt towards law. They have encroached dried –up lakes , rivulets , rain flow paths , drainages , foot paths , civic amenity sites. In their building there are violations of- lack of fire safety exits , lack of parking space , encroachment of foot paths , conservancy line , drainages , etc. There is wide spread corruption in the corporation / municipal authorities. For a price officials have converted CA sites to commercial purposes , authorised deviations / encroachments of public lands like foot paths , drainages , parking space , set-off , etc. The corporation officials themselves are violating city master plans. Even before authorising the conversions & encroachments of lands , the corporation officials are not making alternate arrangements. By all these corrupt deeds many of the corporation officilas have become millionaires . however more & more road accidents are taking place , building collapses & fire tragedies are occurring , during heavy rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government of karnataka instead of protecting the PIL applicant & upholding the law has taken sides with the land grabbers. The state governments of karnataka & delhi has got M.L.As & officials who have themselves violated building laws & grabbed govt lands. Now , the two govts are contemplating to bring in laws regularising these land grabbing crimes for a pittance as penalty. All to by-pass judiciary. The governments are least bothered about the lives of poor & only too caring towards the land grabbing criminals. The same governments have not yet given land rights to poor slum dwellers / dalits , land rights to tribals living in forest since centuries , land rights to poor agricultural labourers, where as it is full of concern towards rich & mighty land grabbers – criminals. Bottom line – whatever be the magnitude of crime if you are rich & mighty law will be bended to suit you , by bad luck if you are a poor folk you are bound to suffer being on the right side of law also. Hereby , HUMAN RIGHTS WATCH urges requests the honourable supreme court of india , to register this as a PIL , to provide protection to the PIL applicant in bangalore & to take appropriate actions against the GOK & GOD nipping at bud their illegal motives to regularise land grabbings. ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE During the auction of above sick industry the land usage was for industrial purpose only. so, people with other commercial objectives were not allowed to participate in the auction. Thereby, the final auctioned amount was very much less than the market value. This has a direct bearing on employees of that industry , lending banks , govt dept , etc who have all put forward their claims for dues from that industry. noW, all of them are getting very much less than what is due from the closed company. A loss of crores of rupees to banks , government , employees has been made by the cunningness of civic bodies. Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to give land usage conversion to the new occupier, who is building posh villas & resorts here. Is it right & justified ? should not they conduct auction once again or charge market value to the new owner. LAND MAFIA IN KARNATAKA The land mafia which has links with political leadership & top govt servants in the state, is running business widely in & around bangalore,mysore & other major towns. The authorities like city corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the lands meant for public welfare in favour of land mafia. The authorities have earmarked these lands for public welfare ie parks , schools , hospitals at the planning stage itself for current & future needs of the people. In most cases the land mafia has illegally occupied the lands , built commercial complexes & sold it for crores of rupees. 1. the authorities are not demolishing these illegal structures & prosecuting the occupiers. 2. In some cases the authorities are denotifying , regularizing those illegal occupations by levying a pittance as penalty which is very much less than the market value. 3. In some cases for example a notified site for school is alloted to an educational trust. They build 2 rooms in 25% of the site & state that this is free school meant for weaker sections. After a year or two , they state before the authority that to run this school they need funds. So they are planning to build commercial complexes around the school site & by the rent collected from shops they will run the school. In this manner sites meant for schools , hospitals , temples & other social organisations apply for conversion of land usage & use major portion of the land for commercial purposes. Hereby , our publication urges the govt of karnataka & other authorities , 1. to clearly demarcate the govt lands & announce it boldly to the public. 2. To clearly demarcate lands meant for public amenities both for current & future usage. 3. To clearly demarcate lands required for town planning say 20 years down the line. 4. To clearly mention in such plans the purpose it is reserved for ie parks , hospitals , schools , etc. 5. To impartially act against illegal occupiers – rich or poor. 6. Say while denotifying a land meant for school an alternate land for school must be incorporated in the original plan. 7. Before denotification public objections must be called for & considered responsibly. 8. After denotification the land must be sold at the market rate not the govt rate. 9. In case of land usage conversion also the objections from the public must be called for & considered responsibly. 10. After land usage conversion an alternate land must be incorporated in the plan for the original use. 11. In case of land usage conversion also the occupier must be charged at the market value. 12. To declare annually the property details of all officials with denotifying / land usage conversion authorities together with details of their family member's properties with provision for public scrutiny, cross checking. 13. To ruthlessly prosecute the corrupt officials & ministers. 14. To make public the report of past district magistrate mysore mr. T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore. Also the action taken report. ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT Different political parties are trading charges against each other about illegalities in the mysore-bangalore expressway project. Grave mistakes have been committed by the previous state governments. The saving grace is judiciary has taken note of it. The fundamental principle behind land acquisitions by the governments is to use that acquired lands for public welfare. As the govt acquires the land with this noble intentions even the land looser contents himself with compensation at govt rate. Always the govt rate is much below market value. If at all the govt wants to give out that acquired land to a private party for private use or for the use of a selected few, the govt must give prevailing market rate to the land looser. In such cases the govt does not have authority to force the land owner to sell his property. In this mysore-bangalore 4 lane expressway project, following inconsistencies are there, 1. this road is not for free public use, but only for those who pays the toll fees. 2. The luxurious resorts , townships , etc which are to be built alongside this road are not open for free public usage but only for the rich who can afford it. 3. The govt has concluded this deal in a hush-hush manner. 4. Any disputes raised by this project should be addressed to international arbiter at london which a poor land owner or general public can ill-afford. 5. The govt has not paid the prevailing market value to the land loosers. 6. The govt has not given the option to land owners not to sell their property. 7. This whole project is for rich , built by the rich for the rich & not meant for public welfare. The govt must give back the lands to the owners who wants it back & must pay the market value to those willing to sell. As this project is built by wealthy people for wealthy people why cann't they cough- up market value? APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 ) FULL NAME OF THE APPLICANT : NAGARAJ.M.R. ADDRESS OF THE APPLICANT : NAGARAJ.M.R., EDITOR , E-VOICE OF HUMAN RIGHTS WATCH, # LIG-2 / 761, OPP WATER WORKS OFFICE, HUDCO FIRST STAGE, LAXMIKANTANAGAR, HEBBAL, MYSORE , KARNATAKA , PIN – 570017. DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED : HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. 1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ? 2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ? 3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ? 4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ? 5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ? 6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ? 7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ? 8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ? 9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ? 10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ? 11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ? 12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ? 13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ? 14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ? 15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ? 16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ? 17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ? 18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ? 19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ? 20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ? 21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ? 22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ? 23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ? 24. have you filed police complaints against those criminals – tresspassers ? if not why ? 25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ? 26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ? 27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ? 28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ? 29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ? 30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ? 31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ? 32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ? 33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ? 34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ? 35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ? 36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date . 37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date . 38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ? 39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ? 40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ? 41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ? 42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ? 43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ? 44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ? 45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ? 46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ? 47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ? 48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ? 49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ? 50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ? 51.before regularizing such violations have you sought public objections & given media publicity ? if not why ? 52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ? 53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ? 54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ? 55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ? YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947. REMARKS : PIO of O/O commissioner , Mysore urban development authority , Mysore failed to provide full information to us. Vide lettes , PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED : PUBLIC INFORMATION OFFICER , O/O COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE . DATE : 21.04.08 YOUR’S SINCERELY, PLACE : MYSORE NAGARAJ.M.R. CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE – http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ , Raja faces heat as CBI raids DoT on 2G scam Turning the heat on telecom minister A. Raja, the Central Bureau of Investigation (CBI) has registered a case saying there was large scale corruption in the allocation of 2G (second generation) radio spectrum licences. Raja, the second-time telecom minister in the UPA government, had repeatedly denied any corruption in the 2G allocation to private companies in 2008. The FIR filed by CBI on Thursday names no person but merely mentions unknown officials of the department of telecommunications (DoT) and unknown private persons and companies as the accused. The agency raided the DoT office in Sanchar Bhawan and the search for incriminating documents was on till late night in the wireless planning cell and in the office of the deputy directorgeneral (access services) of DoT. Top bureaucrats of the ministry are under the CBI scanner. The FIR confirms allegations of "serious irregularities" in the award of the spectrum licenses and a criminal conspiracy woven between DoT officials and certain private companies. However, telecom minister A. Raja ruled out resignation in the wake of CBI searches in his ministry. "The question of my resignation does not arise. All decisions on spectrum licensing have been taken in accordance with procedures laid down by Telecom Regulatory Authority of India (Trai) and in consultations with the Prime Minister," he told reporters. But the CBI FIR said, "The licenses were awarded to these companies by putting a cap on the number of applicants against the recommendations of the Trai. The licences to these private companies were given on a first-come-first-served basis at the rates of 2001 - which were very low - without any competitive bidding." CBI has acted within days of the Central Vigilance Commission ( CVC) asking for a comprehensive CBI probe. "The CVC findings show the spectrum was not allocated at the present market- driven price, no auction process was followed and no bids were invited. We will now quiz senior DoT officials, including an IAS officer," a senior CBI official said. "The scam could run up to Rs 22,000 crore. Firms which got the licences at throwaway prices later sold their stake to foreign operators at huge prices," he added. SOURCES said the CBI probe will concentrate on specific aspects like why DoT did not go for the auction process in accordance with Trai guidelines and instead opted for a firstcome- first- served approach. It will also examine why licences were not issued at current prices and why no time cap was fixed for those who were given the licences. " CBI will further analyse documents to ascertain if the DoT had cabinet approval for going ahead with its idea of not inviting global bids for such a big project," according to sources. Two companies that got these licences in 2008 - Swan Telecom and Unitech - are allegedly under CBI investigation. Swan Telecom got the license for a mere Rs 1,537 crore. It then sold its stake to a foreign operator at nearly three times the amount within a few months. Unitech got the spectrum licence for Rs 1,650 crore from the DoT, which too, sold its stake to a Norwegian company for over four times this amount. " The end loser was the government, which could have earned thousands of crores more," said a CBI official. In 2008, the government had issued new licences bundled with start- up 4.4 MHz spectrum at a fee of Rs 1,651 crore. UNDER SCANNER CBI will probe why DoT didn't go for the auction as per Trai norms & opted for a first-come-first-served approach. It will also examine why licences were not issued at current prices and why no time cap was fixed for those who were given licences. The scam could run up to Rs 22,000 crore. Firms which got the licences at throwaway prices later sold their stakes to foreign telcos at big prices. Two firms that got these licences in 2008 - Swan Telecom and Unitech - are under CBI investigation. BJP demands sacking of A.Raja over 2G spectrum scam The Bharatiya Janata Party (BJP) on Monday reiterated its demand that Telecom Minister A.Raja be sacked for his controversial role in the allocation of 2G spectrum. Addressing a news conference in the capital here this afternoon, BJP General Secretary Arun Jaitely claimed that by allocating 2G spectrum at prices that were in existence in 2001 and not what was the prevailing rate in 2009, A.Raja had colluded in a fraud and loss of more than Rs.60,000 crores, making it the largest scam in independent India history. "It is unfortunate that the Prime Minister has chosen to comment on the innocence of the minister, even while the investigations are on. There was no occasion for the Prime Minister to send such a signal to the investigative agencies directly under him," Jaitely said. "This country has been robbed of a large amount of money by this misdemeanour of the Telecom Department. The compulsions of the coalition politics should not come in the way of an honest investigation. Propriety requires that while the investigations are under way, the minister should cease to be in office. His continuation in that ministry is itself a deterrent to an honest and independent investigation," he added. "The entire nation is closely watching this investigation. Let this investigation not result in holding civil servants guilty and the minister innocent. It was the minister who is the prime accused and the civil servants were only carrying out his dictates," Jaitely further said. He said that with the Central Bureau of Investigation registering a regular case with regard to the allotment of spectrum for the 2-G license issued by the Department of Telecommunications in 2007; the offices of the Department of Telecommunications have been searched and various documents have been seized, there was serious ground to assume that an impropriety had been committed in the public domain. "To Shri A. Raja's statement that he had kept the Prime Minister informed of what he was doing, the Prime Minister has said - " I would not like to join the issue in the public with my Cabinet colleague." Obviously, the Prime Minister is in no position to agree or disagree," Jaitely said. The allegations against Shri A. Raja and the officers of the Department of Telecommunications are very clear, Jaitely said, adding that the BJP had raised the issue in Parliament during the Monsoon Session. He said that the party had then demanded prosecution of the minister and other officers under Section 13(1)(d) of the Prevention of Corruption Act. This provision provides for imprisonment of seven years, Jaitely said, adding that Raja is primarily liable for this offence.(ANI) 2G row: Raja accuses NDA of Rs 1 lakh crore scam NEW DELHI, INDIA: A.Raja, Union Minster for IT and Communication, has alleged that the NDA Government had unlawfully allocated 2G spectrum to some operators and reduced license fee without any approval from the Cabinet or recommendation from TRAI. He alleged this has incurred the government a loss of approximately one lakh crore rupees. "On record it had been observed that the license fee was brought down to Rs 1000 crore to benefit some of the operators. The whole spectrum allocation and license fee reduction is estimated to have cost rupees one lakh crore to the government," alleged Raja. While addressing the curtain raiser event of Indian Telecom 2009 here today the minister also criticized BJP leader Arun Jaitley, who has demanded his resignation, for defending a major operator in court. "Arun Jaitley himself appeared before the court to defend an operator. Now his legal brain is fighting with political brain. I don't know what will be the outcome," said Raja. Raja slammed the previous NDA regime for allocating excess spectrum without any approval of the Cabinet and recommendation from TRAI. "There was no policy of issuing beyond 4.4 MHz spectrum to an operator but there were allocation made beyond 4.4 MHz to some of the operators," said the telecom minister. Raja further added that despite clear orders which said that no allocation should be made in the band of 900 MHz, NDA allocated spectrum to some of the operators. "The government has approved through clear orders that there should be no allocation from 900 MHz spectrum band but willfully and ignoring the law, this 900 MHz band was allocated to some operators during NDA," said Raja. "There was allocation of 250 MHz spectrum without any upfront charge. Additionally there was no revenue sharing for allocation of spectrum beyond 8 to 10 MHz. What we mean to say, was 250 MHz spectrum their ancestral property? I am the first minister to say that spectrum allocation should be done on upfront charges," said Raja. He also said the NDA ministers did not go for TRAI recommendation and also there was no revenue sharing. The minister also said that the reduction in the license fee benefited some of the operators. However, Raja did not answer the questions on the amendment that were made during NDA Government at the time of introduction of Unified Access Service Licenses (UASL) on October 31, 2003, whereby it was decided that the future licenses would not be given on 'first come first serve' basis but should be auctioned. On October 27, 2003, TRAI in its recommendation on UASL had opined that on availability of additional spectrum additional players could be added by multi-stage bidding process. TRAI, in Section 7.39 of this recommendation, mentioned that "As the existing players have to improve the efficiency of utilization of spectrum and if Government ensures availability of additional spectrum then in the existing Licensing Regime, they may introduce additional players through a multi-stage bidding process as was followed for 4th cellular operator." Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313 home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ , http://sites.google.com/site/sosevoiceforjustice/ , http://evoiceofhumanrightswatch.wordpress.com/ , http://indiapolicelaw.blogspot.com/ , http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com , contact : naghrw@yahoo.com , nagarajhrw@hotmail.com
Posted by naghrw
at 11:08 AM EDT
Tuesday, 27 October 2009
Cross Exam Of Indian Judges
Mood:
bright
Topic: human rights , media
Cross Exam of Indian Judges | S.O.S - eVoice For Justice - e-news weekly Spreading the light of humanity & freedom The following live case is an actual example for failure of judiciary & police in india. It is a perfect case study for students of law , university graduate students , lawyers / advocates , police , judges , human rights / civil rights activists , groups , NGO in india & elsewhere. QUESTIONS HONOURABLE CHIEF JUSTICE OF INDIA & H.E. HONOURABLE PRESIDENT OF INDIA ARE AFRAID TO ANSWER APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 ) OF GOI FULL NAME OF THE APPLICANT : NAGARAJ.M.R. ADDRESS OF THE APPLICANT : NAGARAJ.M.R., EDITOR , E-VOICE JUSTICE , # LIG-2 / 761, OPP WATER WORKS OFFICE, HUDCO FIRST STAGE, LAXMIKANTANAGAR, HEBBAL, MYSORE , KARNATAKA PIN – 570017. DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED : HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS - WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE'S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ? Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ? Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ? Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ? Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ? Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ? Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ? Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ? Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ? Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ? Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ? Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ? Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ? Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ? Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ? Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ? Q17.has GOI funded any terrorist outfits in india or abroad ? Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ? Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ? Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ? Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ? Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ? Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ? Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ? Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ? Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ? Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ? Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ? Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ? Q31. Why no action , reply regarding the complaint till date ? Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ? Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ? Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ? Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ? Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ? Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ? Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
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