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HUMAN RIGHTS
human rights , media
Thursday, 16 February 2017
Judge's Atrocities on Dalits
Topic: human rights , media

S.O.S   e - Voice For Justice - e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.08........25  / 02 / 2017

 

Indian   Match Fixing Corrupt  Judges 

http://www.hindustantimes.com/punjab/50-of-higher-judiciary-corrupt-says-ex-sc-judge-markandey-katju/story-Hfu8Ru8o9YfoGOjloboytN.html ,

http://timesofindia.indiatimes.com/india/Eight-chief-justices-were-corrupt-Ex-law-minister/articleshow/6568723.cms ,

http://justicekatju.blogspot.in/2014/08/corrupt-judges.html ,

http://www.dnaindia.com/india/report-court-sends-senior-judge-to-jail-lawyer-husband-court-commissioner-to-police-custody-2260018 ,

http://www.indiancorruptjudges.com/  ,

https://1.bp.blogspot.com/-bzO1Uw18aTg/WIpdlMZlaaI/AAAAAAAAGJc/0wE9uQGZukE7VKrye0_QWS1K8gWDoBQWgCLcB/s1600/Karnan%2527s%2Bletter.jpg ,

http://wakeupindia-designer.blogspot.in/2017/01/mumbai-27-th-2017-justice-chinnasamy.html ,

 

 

Editorial :   Atrocities against Dalits by Judges

-          An Appeal to Honourable Supreme Court of India, National Human Rights Commission & National Commission  for  Scheduled  Castes  /  Scheduled  Tribes

        The track record of apex court is not clean. There is secrecy involved in selection , promotion , transfer of judges to high court & supreme court. Supreme court judges take huge pay , perks from public exchequer ( now on the verge of getting triple fold increase in pay ) but are not accountable to public. They don’t give information to public , concerning judges and national security , public welfare.

   Consider the case of Dalit judge of sukma , chattisgarh , he was removed for being honest , for upholding law ? Now, Justice Karnan a whistle blower is being victimized. Apex court is not looking seriously  at issues  raised by justice karnan but concentrating on silencing him.

  When other high ranking judges  ( having  influence  & belonging to upper castes )  were accused of more grave crimes like  involvement  in sex racket , sex crimes against women , national security crimes  , etc , they were treated with kid gloves , cases hush hushed , white washed.  Inspite of  fervent  appeals  even  apex court didn’t bother to  conduct a public , transparent enquiry. Now apex court  has  initiated  suo motto  “contempt proceedings “ against  Justice Karnan as he  is a  DALIT  , without influence of powers that be.

  When  a  poor  dalit person  or  person  belonging to  weaker section , SC / ST  builds  a temporary hutment  on government land  , officials  , police take suo motto  action , evicts that person & razes down that hutment immediately.  Where as when a rich person belonging to upper caste , having influence of powers that be   builds  huge buildings usurping government land , lake bed , etc no suo motto action by police . Officials , police don’t  take action  inspite of repeated appeals by concerned public.  The courts of justice instead of upholding public cause , gives stay orders  protecting rich land grabbers but in the same fashion  judges don’t come to the rescue of poor  dalit  hut dwellers.  Even  when  land grabbings were brought to the notice  of apex court at the very early stage  itself,  apex court  instead of preventing  the land grabbing  silently allowed  the grabbers to continue  with their land crimes.  The enactments of laws by various state governments  including   government of Karnataka  regularizing illegal land constructions  is solely to benefit  greedy , rich land grabbers belonging  to upper castes. Inspite of repeated appeals the apex court has not annulled those  illegal laws of various state governments.

 

Just  consider the prison population in  india ,  80% of prisoners are under trials and  majority of them are dalits, tribals  , belongs to weaker sections , SC / ST. Most of  them cann’t afford lawyers , most of them are implicated by their  upper caste masters , land lords .  Even within the prison  , their rights are not respected by authorities , are treated worse than animals.  Where as   deadly criminals   convicted of gravest crimes ( but  rich , belongs to upper castes)  enjoys many luxuries within the prison.  It proves the vulnerability of the  dalits , weakers sections in india.

  So many dalits , weaker section people   were  cheated  of  their job oppurtunities in mysuru university , KSOU , Various Government  Medical  colleges , Government aided  ITIs , Polytechnics in Karnataka state  by scheming  upper caste officials.  Inspite of repeated appeals , why apex court has not taken legal prosecution to logical end and ensured justice to  aggrieved dalits ?  What action supreme court has taken against  KPSC , VYAPAM members who denied  job oppurtunities to merited candidates , dalit & weaker section candidates ?  ? let alone take  suo motto action . No action to logical end. 

 

 

Day in day out  there are rampant atrocities against dalits , weaker sections of people  by public servants , judges are not doing their duties properly. Supreme court judges are enjoying lakhs of rupees pay , perks , 5 star bungalows  , foreign trips , weeks long summer / winter  paid  vacations  , proposed triple  fold salary hike  all at tax payer’s expense.  These judges must be first booked for “Atrocities against Dalits , Weaker sections”  under SC / ST Atrocities Prevention Act.

   If at all , Supreme Court of India is impartial , without bias , let it come out clean :

1.                   To immediately  stay contempt proceedings against Justice Karnan and Order impartial enquiry against  judges accused of corruption , impropriety by Justice Karnan and all other issues raised by him. Take the help of Justice Karnan in collecting evidences.

2.                   Order impartial enquiry against almost half of former chief justices of india accused of corruption by NGOs.

3.                   Immediately give justice to past Sukma Dalit Judge who was unjustly removed.

4.                   Immediately  give truthful , full  information , answers  to RTI questions sent to Supreme Court of India by our publication years ago. Inspite of several appeals , majority of questions are unanswered & for few questions got ambiguous answers.

5.                   Immediately take action  to protect fundamental rights , human rights of whistle blowers , RTI Activists & Human Rights Activists.

6. Immediately  take action against  KPSC , VYAPAM   members responsible for illegal recruitments , cancel  all those illegal recruitments and   conduct recruitments afresh  with old candidates.

7.  Immediately  take action against  KSOU , Mysuru University , Government Medical Colleges , Government Aided Polytechnics , ITI officials  responsible for illegal recruitments , cancel  all those illegal recruitments and   conduct recruitments afresh  with old candidates.

8. Immediately  annul laws  enacted  by various state governments in  india  regularizing illegal constructions by  land grabbers .

9. Make public the  names  of  all land grabbers , majority of them belongs to upper castes and  are rich , greedy.

10.  Protect  the rights of prisoners in india  irrespective of their caste affiliations.

11. Ensure speedy justice ,  legal aid  to  under trials  belonging to weaker sections , SC & ST.

12.  Fix lower amount  for bail surety or create a corpus to  give bail  amount  to under trials belonging to SC , ST , Weaker sections , Dalits.  Many  dalits who are poor  are unable to pay bail amount  and suffer in jail for years much more than  the legally stipulated punishment even if convicted.

13. Enforce uniform rules , uniform food , uniform health care , uniform   prison cell  to all prisoners  irrespective of  their caste , whether he is  an ex chief minister ,  ex managing director of a big company , ex religious guru  or  an ordinary person , a dalit , a tribal.    Ensure equality  , equal treatment in prisons , jails.

14.    Immediately admit PILs  presented before supreme court of india by our publication . Read full details at following web pages ;

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”

- Mahatma Gandhi

 

“Contempt  Proceedings”  should not be used as a weapon to silence voices seeking  justice , accountability of judiciary. Respect of judiciary doesn’t come out of fear rather spontaneously it comes out of a person’s heart  when  he sees a honest judge doing his duties honestly.

 

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 

Contempt notice shows Supreme Court's anti-dalit bias, says Justice S C Karnan

 

In what might be a first, Calcutta high court's Justice S C Karnan, facing a notice from the Supreme Court in a contempt case, has lashed out at the apex court, accusing it of harbouring a caste bias against him.

In defiance of the SC's decision and sharply escalating the confrontation with the apex court, Karnan accused the CJI J S Khehar-led seven-judge bench of 
uppercaste bias in initiating proceedings as he belonged to the Dalit community.

Karnan virtually alleged that the court order amounts to an offence under the law to punish atrocities against Dalits and tribals and challenged the court to refer his case to 
Parliament.

He said: "The suo motu order against me, a Dalit judge, is unethical and goes against the SC and ST (Prevention of) Atrocities Act. It is certainly a national issue and a wise decision would be to refer the issue to the House of Parliament."

The judge argued that since the order against him was "harsh", the contempt case should be heard after CJI Khehar retired or placed before Parliament if this was not possible.

In his anxiety to respond to the SC's February 8 judicial order, Karnan addressed a four-page letter to the SC's registrar general, a post that no longer exists as it was redesignated years ago as secretary general.

Karnan, who has been at the centre of several controversies, was issued a notice and asked to present himself in the Supreme Court on February 13 to explain "scurrilous" allegations against sitting and former judges.

In response to the apex apex court's contempt proceedings, Justice Karnan said: "The suo motu petition is not maintainable against a sitting judge of the HC... I have sent representations to various government authorities regarding high irregularities and illegalities occurring at the judicial courts.

I am also a responsible judge to control such high irregularities, especially corruption and malpractice. I have furnished comprehensive proof of unethical practices happening with the respective courts.

'Upper caste judges taking law into hands'

He had earlier written to the 
National Commission for Scheduled Castes, levelling charges of anti-Dalit bias against the chief justice of the Madras high court in 2014 when he was a member of the bench there.

Referring to the February 8 order that also stripped him of judicial and administrative work, Karnan said: "The characteristic of this order clearly shows that the upper caste judges are taking law into their hands and misusing their judicial power by operating the same against a SC/ST judge (Dalit) with mala fide intention to get rid of him."

Referring to the "harsh order" passed earlier by a bench headed by Khehar, Karnan said: "Therefore, my deep request is to hear the suo motu contempt after retirement of the Chief Justice of India. In the meanwhile, my administrative work and judicial assignment could be restored.

 

My main contention is only to uproot the corruption prevailing at the Madras high court, and not to spoil the sanctity and decorum of the court."

 


"I (had) issued a list of the corrupted judges wherein an inquiry is mandatory, as such the suo motu petition is not maintainable. The order of the apex court in the suo motu contempt petition is erroneous and has been wilfully and wantonly and with mala fide intention was passed.

 


Therefore, these proceedings may be referred to Parliament, wherein I will establish the high rate of corruption prevailing with the judiciary at the Madras high court."

 


Indicating that he might not present himself before the seven-judge bench of the SC on February 13, he said: "The Supreme Court had not granted stipulated time (for him to respond to the contempt notice), which is highly irregular."

 

DALIT Judge  dismissed for   being  HONEST ?

-       An  Appeal  to Honourable Chief Justice of India

 

       Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

       Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

       Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

Chief Judicial Magistrate- Sukma district dismissed by Chhattisgarh Government

 

The Raman Singh government has dismissed Sukma district’s Chief Judicial Magistrate Prabhakar Gwal from service in “public interest”, following the recommendation of the Chhattisgarh High Court. Mr. Gwal, a Dalit Magistrate was dismissed on the basis of “available material” (not in public domain) without a internal/departmental inquiry.

On April 4 afternoon, Mr Gwal had updated the news of his termination via his Facebook account-

“DISTRICT COURT DANTEWADA (918982620495):- //ORDER//

F.No.3335/987/XXI-B/C.G./16
Raipur, dated 01.04.2016

“Government of Chhattisgarh state hereby, dismisses Shri prabhakar gwal, Member of lower Judicial Services, Civil judge class-I and Chief judicial magistrate, Sukma, from service in public interest with immediate effect.

District and sessions Judge
South Baster dantewada C.G.”

Earlier, Gwal had hit the headlines for alleging that a BJP legislator, Ramlal Chouhan, had threatened him after he convicted five people in connection with the leak of PMT question papers in 2011. His wife too had written to the President alleging harassment, claiming that Gwal was transferred to Sukma as a result of his judgment. Mr Prabhakar had accused a ruling BJP MLA of threatening him over the judgment.

Mr. Gwal has had a history of exposing corrupt officials and politicians. While Gwal was posted in Bilaspur, he had ordered an inquiry against government officials and Police officers, for the infamous ‘Bhadaura Land-Scam’. The land scam is known for involvement of a senior minister of BJP (Amar Agrawal). Similarly, he had ordered for inquiry of Bilaspur RTO officials. He was then transferred to Raipur, where he rejected to accept Closure Report in the case of IPS Rahul Sharma’s suicide. After that he was transferred to Dantewada. Recently his phone conversation with Dantewada Collector had gone viral, in which Collector had asked Gwal to consult him before ordering to file any case.

He is known for taking strong actions against the executive arm of the government and enjoys a public image of being an upright man. His dismissal comes after his wife filed a civil case against 19 people including judicial officers for harassing her husband. HC stayed that case, meanwhile his dismissal was recommended.

A Dalit officer being dismissed in such a one-sided, clouded, swift manner raises larger questions on the system itself. Was he an inconvenient man who didn’t understand the system and it’s ‘norms’? Did his voice against BJP MLA (Ramla Chauhan), Mr Amar Agarwal and Mr Neeraj Bhansod (for interfering in judicial work) made higher ups uncomfortable? These questions are being raised after his dismissal. The ball is in the judiciary and government court to clear and come out clean. A dismissal order by merely stating, that ‘it is in public interest’ doesn’t fit the democratic norms in 2016.

 

 

 

Protests greet Chhattisgarh government’s dismissal of Sukma’s Chief Judicial Magistrate

 

On 14 April, the Chhattisgarh government dismissed Sukma’s Chief Judicial Magistrate Prabhakar Gwal. A 2006 batch judicial officer, Gwal, belongs to the Dalit community and has questioned the manner in which the police have been indiscriminately arresting tribals in the conflict zones of Chhattisgarh.

 

 On 8 February, the Sukma Superintendent of Police complained to the District Judiciary against Gwal stating that among other things he has been granting bail to naxal accused and such decisions have “adversely affected the morale of the security forces” and “weakens the judicial process”. It is based on such complaints that Chhattisgarh government dismissed Gwal on the grounds of “public interest” following the recommendation of the Chhattisgarh High Court. The Indian Association of People’s Lawyers (IAPL), in a press release, has protested

against the dismissal of Gwal, calling it unjustified. It said: “Police high-handedness and harassment of those involved in the administration of justice is nothing new to the conflict zones of Chhattisgarh. Recently  advocates of the Jagdalpur Legal Aid Group (JagLAG) have been forcefully evicted from Jagdalpur and pressure is being mounted on them by the police administration and police backed vigilante groups to cease their  legal practice. JagLAG has been providing legal Aid to many tribals incarcerated in Jagdalpur and Dantewada. Similarly Social activists such as Soni Sori and Bela Bhatia and journalists like Malini Subramaniam,

 

Prabhat Singh, Santosh Yadav and Somaru Nag who have been raising issues of Human rights violations by the police administration have been threatened, attacked or even arrested. “ The IAPL has alleged that under the pretext of “Mission 2016”, i.e., the present offensive launched by the government to wipe out the Maoist movement in Chhattisgarh, the police in these areas have been taking steps to see that no alternate voice emanates from these areas. The IAPL has raised the larger issue of keeping the judiciary away from police interference , following this dismissal. “Chhattisgarh jails are filled with tribals who have been arrested,

 

several false and fabricated criminal cases are foisted upon them and they remain incarcerated for several years. Anyone who supports such tribals and questions the policies of the state are branded as “terrorists” or  “anti-national”. In such a situation, the judicial system is their last hope. Hence, it is vital that the judiciary be allowed to carry on its functions in accordance with law and without any interference from the police”, it has said. That the dismissal coincides the recent briefing by the National Security Advisor (NSA) Ajit Doval for the Supreme Court Judges at a retreat at the National Judicial Academy, Bhopal, has led to concern among the observers. If police excesses in the name of security concerns in conflict zones are to be tolerated by the judiciary, and the judiciary meekly accepts such advice from the Government, then the signs are ominous,  according to an activist lawyer, who has been fighting cases involving civil liberties. The IAPL has alleged that executive interference in judiciary in this manner militates against the basic structure of the Constitution  which emphasises separation of powers and independence of judiciary. Lawyers point out that if the Executive is unhappy wih Gwal’s decisions, it has the option to appeal against them in the higher courts. Dismissing  a Judge, soley on the ground of his decisions which were in favour of citizens, is inconsistent with the concept of independence of judiciary, they suggest. IAPL has called upon all, especially those from the legal  fraternity to resist these moves to prejudice the judiciary and also demanded the immediate reinstatement of Prabhakar Gwal as the Sukma CJM. The press statement has been signed for IAPL, among others, by wellknown  advocate from Raipur, Sudha Bharadwaj.

 

Salwa Judum is illegal, says Supreme Court

 

In a blow to both the Chhattisgarh government and the Centre, the Supreme Court has declared as illegal and unconstitutional the deployment of tribal youths as Special Police Officers - either as 'Koya Commandos', Salwa Judum or any other force - in the fight against the Maoist insurgency and ordered their immediate disarming.

The ruling - issued on Tuesday by Justice B. Sudershan Reddy and Justice S.S. Nijjar on the writ petition filed by social anthropologist Prof. Nandini Sundar and others - strongly indicted the State for violating Constitutional principles in arming youth who had passed only fifth standard and conferring on them the powers of police.

The Bench said “the State of Chhattisgarh shall forthwith make every effort to recall all firearms issued to any of the SPOs, whether current or former, along with any and all accoutrements and accessories issued to use such firearms. The word firearm as used shall include any and all forms of guns, rifles, launchers etc., of whatever calibre.”

Writing the order, Justice Reddy directed the State of Chhattisgarh to immediately cease and desist from using SPOs in any manner or form in any activities, directly or indirectly, aimed at controlling, countering, mitigating or otherwise eliminating Maoist/Naxalite activities in the State of Chhattisgarh.

The court directed the Centre and the State of Chhattisgarh to provide appropriate security forthwith, and undertake such measures “as are necessary, and within bounds of constitutional permissibility, to protect the lives of those who had been employed as SPOs previously, or who had been given any initial orders of selection or appointment, from any and all forces, including but not limited to Maoists/Naxalites.”

The Bench made it clear that the State of Chhattisgarh should take all appropriate measures to prevent the operation of any group, including but not limited to Salwa Judum and Koya commandos, that in any manner or form seek to take law into private hands, act unconstitutionally or otherwise violate the human rights of any person.

The Bench said “the measures to be taken by the State of Chhattisgarh shall include, but not be limited to, investigation of all previously inappropriately or incompletely investigated instances of alleged criminal activities of Salwa Judum, or those popularly known as Koya Commandos.”

The Bench held that the policy of the State violated the rights under Articles 14 and 21 of the Constitution of those being employed as SPOs in Chattisgarh and used in counter-insurgency measures against Maoists/Naxalites, as well as of citizens living in those areas.

The Bench was of the view that effectiveness of the force "ought not to be, and cannot be, the sole yardstick to judge constitutional permissibility. Whether SPOs have been effective against Maoist/Naxalite activities in Chhattisgarh would seem to be a dubious, if not a debunked, proposition given the state of affairs in Chattisgarh. Even if we were to grant, for the sake of argument, that indeed the SPOs were effective against Maoists/Naxalites, the doubtful gains are accruing only by the incurrence of a massive loss of fealty to the Constitution, and damage to the social order."

The Bench said "The primordial value is that it is the responsibility of every organ of the State to function within the four corners of constitutional responsibility. That is the ultimate rule of law.”

It said “Indeed, we recognise that the State faces many serious problems on account of Maoist/Naxalite violence.Notwithstanding the fact that there may be social and economic circumstances, and certain policies followed by the State itself, leading to emergence of extremist violence, we cannot condone it.”

The Judges said “The attempt to overthrow the State itself and kill its agents, and perpetrate violence against innocent civilians, is destructive of an ordered life. The State necessarily has the obligation, moral and constitutional, to combat such extremism, and provide security to the people of the country.”

Indian villagers 'crushed' between militia and Maoists

 

A controversial state-backed militia has been reincarnated to take on leftist rebels in central India.

 

The violence that took place in this village nearly a decade ago is still visible. Charred logs are all that remain of a razed home, and barren land has replaced a once-thriving forest.

Residents of Bijapur district, in the central Indian state of Chhattisgarh, fear the prospect of more fighting as a once-banned militia, Salwa Judum, has been reincarnated to fight communist groups opposed to resource extraction in the area.

Chhattisgarh has witnessed armed conflict for several decades now, partly over the region's rich deposits of coal, iron ore, and bauxite. The Indian government, which uses these minerals for electricity generation and steel and cement production, has fought Maoist groups known as Naxalites.

They oppose large-scale mining, arguing it disrupts the socioeconomic fabric of the forest-dwelling tribal people and harms the environment. The Naxalites began their armed campaign in the 1970s because of what they say is an unequal distribution of wealth.

In 2005, however, after nearly three decades of fighting the Naxalites, the Indian government began arming a civilian group to fight its battles. This militia, Salwa Judum, had a better understanding of the terrain and the local language - and was more ruthless than Indian security forces. Many villagers were forced to join the militia.

"The state was making us fight its battles," said Rosan Nikam, a Bijapur resident for the past three decades, speaking of how civilians were armed. "That had never happened before. The security forces fought the Maoists, not common villagers."

 

Many Salwa Judum members were civilians who received arms training from the state government. The young tribal members who were trained by the government came to be known as Special Police Officers (SPOs) and Koya Commandos.

"It was clearly a state-sponsored counterinsurgency programme," said Nandini Sundar, an academic who petitioned India's Supreme Court against Salwa Judum in 2007, a case that led

.02to the organisation's banning four years later.

About 670 villages in the Bastar region were affected by the ensuing violence, and although the residents have by now rebuilt their homes, many of them remain destitute.

The Supreme Court of India banned Salwa Judum in 2011, in light of the human rights violations it found it had committed.

But in May this year, shortly after the Chhattisgarh government signed agreements to build massive steel plants in the Bastar region, a group called Vikas Sangharsh Samiti was launched by Chhavindra Karma, with the aim of continuing Salwa Judum's struggle.

Salwa Judum had been led by Karma's father, the late Mahendra Karma, a Congress party leader assassinated by Naxalites along with 12 others as their convoy traveled through a forest in May 2013.

Chhavindra Karma claims that the Naxalites have killed 93 members of his extended family.

"Salwa Judum started with peace marches in villages. The objective of these marches was to make the people aware of Maoist excesses," said Karma. "It is the state that began to train tribals with guns."

The militia's critics say it is impossible to think of Salwa Judum as separate from the state. The SPOs and Koya Commandos drew their salaries from the state, earning as much as 9,000 rupees ($138) per month.

The Supreme Court ruling banning Salwa Judum forbids the creation of similar groups, but Vikas Sangharsh Samiti hopes to get around this by using a different name and a different structure.

Authorities in the Home Ministry in Delhi and the state government in Chhattisgarh did not respond to Al Jazeera's repeated requests for comment.

Chaitram Attami was a central figure in Salwa Judum, and used to call the shots in the mineral-rich Dantewads region.

He is now a local politician and travels with four rifle-wielding bodyguards. Attami lives in the Kaasoli camp, which is covered with barbed wire on all sides and has armed paramilitary men manning the entry and exit points.

Given the public outcry against Salwa Judum's new incarnation, Attami is taking a cautious approach.

"We will try and make it peaceful," he said. He admitted that Vikas Sangharsh Samiti has begun to go into the villages to warn their residents against supporting the Maoist agenda - which is exactly how Salwa Judum began its activities.

Meanwhile, villagers who are not affiliated with Salwa Judum or the Naxalites say they have borne the brunt of the violence. Many people in the south Bastar region give dreadful accounts of how their lives were turned upside down during the Salwa Judum era.

"We haven't completely recovered from the violence unleashed on our villages a few years ago, and there is already talk of more violence coming our way," said a 26-year-old man, who spoke on the condition of anonymity, fearing reprisals from either government security forces or the Naxalites.

Nikam, the Bijapur resident, said: "My house was burned twice in 2007. Everything I had, including my land documents, grains, bedding and clothes, were burned down." 

Today, he cultivates what he believes to be his land. He is not sure because he no longer has his documents. If the authorities decide to evict him from his land, he will have no proof to fight his case.

He said he does not dare to take on the security forces for fear of false arrests, torture and extrajudicial killings.

And the Naxalites have been known to turn violent when villagers do not support them with information, food, water, and shelter when asked to do so.

"I think we live between a rock and a hard place," Nikam told Al Jazeera. "Sometimes, one is softer than the other; but mostly, we are crushed."

 
 

 

 

Salwa Judum's war on the people

 

Will the Supreme Court's Commissioners, ordered to carry out a fact-finding inspection, be allowed to visit the cut-off villages in Dantewada and Sukma in Chhattisgarh, and engage with the people on a long-term basis? KAVITA SRIVASTAVA

The Supreme Court order of March 29, 2011 asking its Commissioners and the District Collector to carry out a joint inspection in the three villages of Tademtla, Morapalli and Teemapuram, in the Chintalnaar area of Dantewada District is very significant and let us hope that the Apex court engages with the situation in these villages on a more long-term basis so that relief actually reaches and the people can rebuild their ravaged lives.

It maybe recalled that these three villages were attacked and burnt down by COBRA and Koya Commanders and SPOs of the Chhattisgarh Police on March 11 and 16, 2011. The plan of the Government of Chhattisgarh is very clear, which is to use the front of the Salwa Judum and SPOs and push these people out from their villages into either migrating out of their homelands into the Salwa Judum camps or to join the IDPs in Khammam, AP or go deeper into the forest area and join the Maoists or stay in the village and die of hunger. This tactics is not new. All this is being done in order to shrink the mass base of the Maoists.

Documented state violence

This is how it was done in 2005 and the first report of the PUCL, PUDR, carried out under the leadership of Dr. Binayak Sen, called “When the State makes War against its own People”, clearly documented this. This was also highlighted in subsequent human rights reports by various organisations and individuals. After all, in the first phase of the Salwa Judum, they pushed people out of their homes, hearth, farms, fields from hundreds of villages. It is ultimately a game of who will actually control these lands. So, as it was then so now, prevent people from being accessed, cut all communication and supply lines to the village and let them either join “us” or “them” or “die”.

Thus it is a test whether the SC Commissioners will be allowed to go to the area by the Chhattisgarh Government as the five earlier attempts in the last one week made by people to reach these areas from the Raipur-Jagdalpur-Sukma route was thwarted by stage-managed obstructions. And if they do manage to go, will it be sustained by allowing supplies and communication from being established?

The latest in the series of preventing the affected villagers from getting any aid was that of the team of 10 Congress MLAs whose attempt of going on March 29 with relief supplies was obstructed by the same set of people with the support of the police.

Ex-Minister turned back

The Congress team was led by Ex Home Minister Nand Kumar Patel. They left Sukma with food supplies at about 10.00 a.m. and proceeded towards Chintalnar. This team too was stopped at the same village Polampalli, where the Collector was stopped on March 24, 2011, by a group of about 25 SPOs and Salwa Judum persons only. The IG, Long Kumar of Bastar who was escorting them, instead of stopping the hoodlums prevented the Congress MLA team from going, saying that he could not provide security to them as there was a risk involved in going to the villages of Tadmetla, Morapalli, Teempuram. When the MLAs insisted that they would go as they argued that this kind of resistance was routine for politicians, they were told they would not be allowed. The IG, instead of using his command and stopping the SPOs and Salwa Judum personnel from breaking the law, arrested and brought the MLAs to Dornapal, where they were released on personal bonds. The Congress MLAs left for Raipur by evening to raise the issue in the State Assembly.

A day earlier, on March 28, on the instructions of the District Collector, the Dornapal village Naib Tehsildar, Vijendra Patil, tried to take relief to the three villages. At around noon he was stopped and not allowed to proceed. When the ASI Dhruv tried to clear the obstruction at Polampalli he was stopped by an SPO.

In the police hierarchy the SPO would be at the lowest rung, but here they are the war lords. They even refused to take instructions from the District Collector and the Divisional Commissioner who tried to go there with supplies on March 24. They threatened the SDM who went ahead with the supplies, then on March 26, Swami Agnivesh was stopped twice, although he was being taken by the Additional SP Marawi in his own vehicle, they did not spare their own senior and threw stones and smashed the vehicle. It took the Additional SP two days of struggle to get an FIR lodged as the local police station would not lodge a case against the Salwa Judum and SPO lords of the region. And, of course, IG Long Kumar also does not want to exercise his control over them.

Which means that till now, all those who have attempted to visit those areas from the Sukma end have been prevented by the Government from going there. On March 20 and 21, the Times of India and The Hindu reporters were prevented from going to the area. They could only reach there through a longer and difficult alternate route. The All India team of members from the democratic rights organisations who went there on the same dates as Swami Agnivesh could reach and conduct a fact finding could do so because they took a third route to get there. This the first fact-finding team that visited the area after September 2009, since the PUDR team had gone to Gompad area when 16 people were killed by CRPF and other forces in its Operation Green Hunt intervention. And subsequently teams were not allowed to go to the affected areas (A women's team was not allowed to visit Samsetti village to study a gang rape case on December 15, 2009. Professors Nandini Sundar and Ujjwal Singh of DU were chased out of Dantewada and Sukma, were not allowed to stay in any hotel on the eve of the new year of 2010. Then Medha Patkar and Sandeep Pandey led a NAPM team of 40 people in early January, 2010 and they too were harassed and were not allowed to move freely into the areas to hear the woes of tribals and then in May 2010 a team led by Prof. Yashpal and 40 other intellectuals met the same fate).

Urgent questions

Now suppose the SC Commissioners are taken by chopper from Raipur to these villages, then they will have to go alone and not with a local team of journalists or villagers who can be objective local guides for such visits. And then having gone once will they be able to sustain the access of supplies with the help of the Supreme Court? Who will monitor it there? Till public access of these villages is not assured nobody will know what is happening there.

The news of how a Government lets its “lesser people” be killed, raped, their houses and granaries burnt, allows them to live in conditions of food scarcity, perhaps even die of starvation does not even make it to the national channels. Soon this will be forgotten, till the Maoists strike back and then we will only see channel after channel breaking news, calling the poor tribals, terrorists, monsters and killers. And the human rights workers will be verbally flogged with the pitch of the anchors going higher and higher on these very channels.

Would not the Chhattisgarh Government be responsible for that eventuality, if it ever happens? We should all raise our voices and stop this from happening.

Kavita Srivastava is a national secretary of the People's Union for Civil Liberties, Rajasthan and is the petitioner in the Supreme Court in the PUCL petition on the Right to Food.

having gone once will they be able to sustain the access of supplies with the help of the Supreme Court?

 

 

 

Salwa Judum-2 is born in Bastar

Salwa Judum founder Mahendra Karma’s son Chhavindra Karma and former leaders of the anti-Maoist militia formed “Vikas Sangharsh Samiti” on Monday in Dantewada district of Chhattisgarh, which will carry forward the work of Salwa Judum in Bastar.

“I had invited all the leaders and workers associated with the Salwa Judum for a meeting on Monday. The new samiti will strive to bring peace to Bastar,” Chhavindra Karma told The Hindu .

Padyatra

Asked if it could be called Salwa Judum part two, Mr. Karma said, “Yes, you can call it so. The new outfit will undertake padyatra (marches) in various parts of Bastar to spread awareness against Maoism. We will seek the help of the State government so that our awareness campaigns would be followed by development works in the region.”

The Supreme Court had declared the Salwa Judum “illegal and unconstitutional” and had ordered its disbandment in 2011.

“Peaceful movement”

Led by former Congress leader Mahendra Karma, the anti-Maoist militia was blamed for large-scale “forcible displacement” of Bastar tribals and extra-judicial killings.

“The Salwa Judum part two will be peaceful. Our main aim is to finish Maoism in Bastar and bring development.

Already more than 18 village panchayats have banned the entry of Maoists in their villages,” claimed Mr. Karma.

Chaitram Mattami, P.Vijay, Sattar Ali and Sukhram Dadi, who had led Salwa Judum in their respective areas in its first edition, attended the meeting on Monday.

Chaitram Mattami, P. Vijay and Mr. Chhavindra Karma would be leading the new anti-Maoist outfit and its first major event will take place in Karma’s ancestral village Faraspal in Dantewada on the second death anniversary of Mahendra Karma on May 25. He died in a Maoist attack in 2013.

All Salwa Judum leaders from Konta block in Sukma to Bhopalpattnam block in Bijpur district of Bastar attended Monday’s meeting, claimed Mr. Karma.

In Chhattisgarh’s Bastar, a front similar to Salwa Judum is taking shape

 

A decade after Mahendra Karma launched Salwa Judum, the slain Congress leader’s son Chhavindra is trying to start another movement against Maoists in Chhattisgarh.

 

A decade after Mahendra Karma launched Salma Judum, the slain Congressleader’s son Chhavindra is trying to start another movement against Maoists in Chhattisgarh, looking for police and government support and raising fears of a rerun of the violenceAshutosh Bhardwaj reports from Bastar

The coincidence is stark. Exactly a decade ago, on June 4, 2005, the Chhattisgarh government signed an MoU with the Tatas for a mega steel plant in Bastar, with Maoists being the only hurdle. The following day, Salwa Judum was launched to evict Maoists from the region, a move that went on to define the last decade of the insurgency.

Last month in Dantewada, in PM Narendra Modi’s presence, the Raman Singh government signed MoUs for an ultra mega steel plant and a rail line in Bastar. Meanwhile, a front similar to Salwa Judum has been taking shape. The earlier movement was led by the late Mahendra Karma; the new one, called Vikas Sangharsh Samiti, is headed by his son Chhavindra.

 

The beginning of the Samiti too sounds eerily familiar. In 2005, Karma began padyatras across South Bastar urging tribals to come out of their villages and live in camps for a decisive battle against the Maoists. Now, Chhavindra plans similar campaigns with former Judum commanders. He has sought government support and police protection, and said he is ready for any “qurbani”.

The possibility of what this will lead to chills many people. In the 30 months of Salwa Judum before it fizzled out in 2007, Chhattisgarh saw the deaths of 325 security personnel, 609 civilians and 165 suspected Maoists. That’s 1,099 deaths, or a death a day; Judum leaders say the number is far higher.

A little away from the Faraspal home of Karma stand a series of monuments built in the memory of his relatives. Near the home is Karma’s statute with folded hands.

“Including my papa, 95 people of my family have been killed in this battle. They say I am doing raajniti. I carry the family responsibility of freeing this area from Naxals,” says Chhavindra, 34. He insists there won’t be any violence this time, but with police already declaring support, he knows what he’s preparing for. “Is ladai men qurbaniyan deni hi padengi (this war won’t be won without sacrifice). Let the first bullet hit my chest.”

 

As of now, Chhavindra or the new front has little popular support or military strength. It hopes the government support will turn things its way. The plan is to go on padyatras and tell villagers to stop supporting Maoists — just like Karma had done once.

Remains of Salwa Judum

At its peak, Judum had around 100 major leaders. Just around 15 are alive today.

Mahendra Karma had three chief lieutenants heading a district each — Soyam Muka in Sukma, Chaitram Attami in Dantewada and Mahadev Rana in Bijapur. Rana was killed. Attami, uprooted from his village a decade ago, lives in a Salwa Judum camp, while Muka, also uprooted, says he has lost more relatives than anyone else. “You will find maximum Soyams in the list of the killed,” he adds, as he mentions his deceased elder brother Soyam Mukesh.

A primary teacher, Muka had picked up the gun at the call of his mama, Karma. Chhavindra wants him to join the new movement, but Muka says, “After Karma’s death, I lost faith. When he was alive I thought if he could defeat death, so could I.”

Another Judum leader, Sattar Ali, was in Karma’s vehicle when Maoists attacked the Congress convoy in May 2013. “When the Maoists opened fire, Karmaji came out. He offered his life and saved all of us.”

Chhavindra, who accompanied his father during the Judum campaigns, is banking on his father’s stature. “When Salwa Judum was on, whose statements were published? The CM’s? No, it was Karmaji’s,” he says.

During the assembly election campaign for their mother Devti, Karma’s sons had accused Raman Singh of betraying their father. “It was a mistake to have taken the support of the government during Salwa Judum. Raman Singh withdrew later,” they had said. Of late, Chhavindra has been making public calls for government support again.

The government imprint
Dantewada stands at the confluence of rivers Dankini and Shankhi, names with diametrically opposite meanings. Dankini means a sting, Shankhi the holy conch. Led by a Congress leader, supported by the 
BJP government, Salwa Judum too had dichotomy as an intrinsic part.

 

That continues. Dantewada BJP zilla panchayat member Chaitram Attami was on stage when Chhavindra, a Congress secretary, and others announced the formation of the new Samiti. Days later, Attami was overseeing laying of a helipad in Dantewada for PM Modi to land on.

Attami had controlled Judum operations in Dantewada the last time too, earning Z category security. Guarded by 16 cops, he lives with his wife and a baby in a camp at Kasauli.

Speaking at Karma’s death anniversary last month, Bastar IGP S R Kalluri declared his support for the Samiti. “The national media has misrepresented Vikas Sangharsh Samiti and wrongly compared it with Salwa Judum so that someone gets a chance to go to the court against it,” he said. Kalluri asserted Salwa Judum was not properly defended in court, and should anyone challenge the legality of the new front, he will defend it.

Chief Minister Raman Singh believed that “Salwa Judum was a people’s movement, a jan andolan.” He hinted at government support to the front: “On the issue of garnering consent among people, making them ready and creating a certain atmosphere — there should be awareness. If we stand up against Naxals on the streets and bring villagers along, I have to ensure they are protected.”

The state Congress has rejected the new campaign. “The Supreme Court banned special police officers. The Congress distances itself from this venture,” says PCC chief Bhupesh Baghel.

The forgotten camps
Across the road from Bastar’s first fortified police station, in Dornapal of Sukma, is the largest Salwa Judum camp. It once had over 25,000 uprooted tribals from 72 villages.

Tiny huts crowd narrow lanes. A wistful Janaki Kawasi, 32, rushes closer. “Have you been to Jagargunda? My village Milampalli is not far from there. How is it now?” she says. Then, her voice drops. “I know, nothing can be left now. It’s all deserted.”

Since she came here in 2007 with her husband, she has become a zilla panchayat member from the BJP. Yet she longs for home. “What’s here? Everything got left there.”

Over two dozen such camps came up in South Bastar as around one lakh tribals left their villages, not all of them by choice.

Most Judum camps came up along highways or roads, but the heavily fortified one in Jagargunda is in the wilderness. It houses over 4,000, who wanted to stay closer home and ended up vulnerable. Janaki’s father-in-law Kawasi Hadma was among those who stayed back. He was killed last November.

Vetti Meena  recently gave birth to a son in the Dornapal camp and grieves that he is confined. Her husband was an SPO and is now posted 50 km away. She resigns herself to fate: “Policewale kabhi nahin laut payenge. Yahin marna hai ab (Policemen won’t ever be able to go back. We will die here.”

There are 184 families still at the camp where Attami stays, at least 100 of SPOs. The government has stopped providing rations. Guarded by police, they live in constant fear of attack. Maoists had attacked a Salwa Judum camp in July 2006 in Errabore, leaving 32 dead, including two babies. They had also abducted 42 and publicly executed six.

In the 2013 polls, which Karma’s wife Devti contested, his sons promised to ensure the return home of camp inmates. Eldest son Deepak calls the conditions in the camps Judum’s biggest failure. “Tribal girls faced the worst sexual harassment by security forces,” he says.

“How could my father have checked or foreseen that? It was the task of the government to run these camps. But the government stopped giving them even rations.”

The renewed fear
Salwa Judum had effectively given the Maoists a boost. Though present in Bastar for over two decades, they had limited dominance or military capacity. As Judum leaders pushed villagers out of their homes, the SPOs were accused of torture. At least 5,000 locals joined the Maoist ranks during those months. From small dalams, Maoists graduated to platoons, companies and battalions.

Kichhe Nanda is among the SPOs facing rape charges. He denies that at first, then lashes out bitterly, “We were young, given rifles, and told to hunt for Naxals.” There were “atrocities” from the other side too, he says.

Editor of daily Bastar Impact Suresh Mahapatra recalls the Rani Bodli attack of March 2007, when 55 policemen and SPOs were killed. “This incident was the defining point in my life. When I saw half-burnt and beheaded bodies, it occurred to me that this war had no rules now,” he says.

Attami, among the earliest SPOs to sign up, says: “You talk about police atrocities, but do you know what the Naxals did? Agar beta ko maarna hai to maa aur baap ko us par patthar marne ko bolte the (If they wanted to kill someone, they forced his parents to throw stones at him).” Accusing the Maoists of dragging them into battle, Attami adds, “They had a grudge against capitalists. Why didn’t they kill them themselves? We tribals knew nothing about the world, but they made us fight their battles. Is it janvaad?”

Sukhdev Tati reflects they were left with little choice: either become Maoists or fight with police. “We wanted it to be peaceful, but Salwa Judum had aggression. It failed as we could not tell people what our aim was.”

However, many of the tribals have no enmity towards the Maoists. “Adivasi log hi to mar rahe hain. Yahan bhi adivasi, wahan bhi,” says Janaki. Teacher Mandavi says it emphatically. “They (Maoists) are our own people. We don’t want this violence.”

“Once again the terror and oppression of Salwa Judum is going to start. Bastar could be protected only if this campaign is defeated,” said a recent Maoist statement urging people “to rise against the proposed Salwa Judum-2”.

 

Where they are now: Key survivors from Salwa Judum

Soyam Muka: Congress member, lives in Konta away from his Gaganpalli village he left during Judum. Farming. Moves without vehicle.

Karma family: Mahendra Karma’s wife Devti Karma is a Congress MLA, two of her four sons hold positions in the Congress.

Chaitram Attami: Dantewada BJP zilla panchayat member, uprooted from his village, lives in a Salwa Judum camp in Kasauli, Dantewada.

Sukhdev Tati: BJP member, farmer in Dantewada.

Sattar Ali: Contractor, runs trucks, lives in Jagdalpur.

Vikram Mandavi: Congress member, contested 2013 assembly polls from Bijapur.

 

 

O, JIHADIS, FREEDOM FIGHTERS, TERRORISTS & NAXALITES
INTROSPECT YOURSELF

 

Kashmiri militants claim they are fighting for kashmiris, when the very same kashmiris were suffering from loses due to earthquake why didn't the so-called jihadis didn't make any relief efforts? Why didn't their foreign master – Pakistan didn't make any relief efforts? Within the pak occupied Kashmir ( pok) itself, Pakistan didn't make appropriate relief efforts. It is government of India & international community who provided proper & timely relief.

The foreign powers are not at all interested in your well being. They are ready to spend millions of dollars for aiding terrorism, but not ready to spend a few hundreds for your education , health care or self employment schemes through NGOs. The fact is they don't want your well being, they don't want you to prosper, live peacefully. The ultimate objective of these foreign powers is to take you on the path of self destruction, destruction of your motherland & to finally usurp the power, to subjugate you into slavery in turn looting the resources of your country.

Ofcourse, in India there is rampant corruption. Still democracy is live & kicking in India, it is the best form of governance. You have got real examples of countries in Africa, latin America, wherein the countries have secured independence through separatist / terrorist movements. The terrorist leaders themselves have become prime minister / president of newly independent countries. Now, they are more corrupt & barbaric than their predecessors . even after getting independence, the lives of commonfolk has become bad to worse. By independence , only leaders have benefited. Will you lead another struggle ? this is endless, as the selfishness , greed of leaders knows no bounds.

In the past, government of India aided tamil separatists, Pakistan terrorists, etc, butchering innocents. The government of U.S.A aided terrorists in Africa, afghanisthan, latin America , murdering innocents. Various countries have aided terrorism while preaching peace. These barbaric acts were motivated by selfish, corrupt, ego-centric leaders. Now, in the bomeerang effects of their actions, innocents are dying in bomb blasts, etc.

Violence breds violence. Peace & compassion results in all round harmony, prosperity. Every human being must struggle against injustices in a peaceful & legal manner. The struggle must be against the corrupt system, for that peaceful struggle democracy is the best forum. Don't be pawns in the hands of foreign powers, politicians. They are not at all interested in your welfare, well being. At the end, it is the leaders who become ministers & amass wealth through corruption. The common folk like you will remain as fiddlings, minions forever.

Just imagine yourselves in the place of victims of delhi serial bomb blasts        (29/10/2005) or Mumbai blasts of 26/11/08 . just imagine the plight of little child MOSHE who has lost both his parents , imagine Your mother & wife are crying, your children are dead , your father's hands & limbs are ripped apart in the blast. How does it feel to be one ? no religion, no god asks it's followers to cause destruction. All religions, gods are full of eternal love & compassion. Let that god shine his light, upon you all on the violent path.

 

Whether it is in india or else where , democratic system is best form of governance. The people in those countries suffer due to corrupt public servants . in all such cases , the legal , non violent fight must be against the corrupt people , corrupt police , corrupt judges , CORRUPT public servants but not against the system itself.

Let us build ram rajya of mahatma's dream through non violent means within the existing democratic framework . Jai Hind. Vande Mataram.

 

Your’s sincerely,

Nagaraj.M.R.

 

Imposition of  Industrial Projects – Cause  of Naxalism , SALWA JUDUM

    India  is a democratic country   with self governance  of people.  Members of Legislative  Assemblies  and  Members of  Parliament  are  elected by people to be their representatives in the respective houses.  These  MPs , MLAs  must represent  the  aspirations of  people in their constituency  in the floor of the house.  They  must  not  work against the  aspirations of people , in that case  representative role ceases. When a  people say  in bastar  district  doesn’t  want   a particular industrial project  in their area  and  communicate it to the government through their MPs & MLAs , who the  hell MPs , MLAs , State Government Ministers &  Central government  ministers are  to impose it on those particular  area people.  It  is  illegal , breach of democracy.  In these type of impositions , public servants  take sides with  big industries , MNCs  which flout  many laws and pays a pittance as compensation to people.  Gross injustices are meted out to public , which  raises discontent  in public. Fertile ground of discontented public  is used by  criminal elements  to raise terror out fits like naxalites , salwa judum , etc. Law  must be held high , naxalites , salwa judum cadre  must  be dealt with the same footing on the same ground and root cause must be addressed by government. Any displacements of people , invite to big projects must be done as per the aspirations of people , if  people  don’t want  a project , a skewed model  of development , reject it. Who the hell government ministers are to impose it on people . Ministers are public servants  not  dictators to impose on people.

 

Naxalism a result of an oversight of statutes, says SC

 

Emphasising on validation of rights of tribals and forest-dwellers over the forest lands, the Supreme Court has said that Naxalism was a result of an oversight of constitutional provisions relating to administration of schedule areas and tribes of the country.

"Nobody looks at Schedules V and VI of the Constitution and the result is Naxalism. Urbanites are ruling the nation. Even several union of India counsel are oblivious of these provisions under the Constitution," said a Bench led by Justice A K Patnaik.

The Bench made a reference to Schedules V and VI as they contain various provisions relating to administration and control of scheduled areas and scheduled tribes in several parts of the country. These provisions apply to states like Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Chhattisgarh, Orissa and Rajasthan and Northeastern states such as Assam, Meghalaya, Tripura and Mizoram. Essentially these Constitutional provisions, with the help of plethora of judgments by the apex court, act as a guarantee to indigenous people on the right over the land they live in and its produce.

During a recent hearing on fresh guidelines over tiger reserves, the Bench made certain queries from Additional Solicitor General Indira Jaising over the Centre's proposal to relocate indigenous people who were still living in the core areas of tiger reserves.

The ASG had informed the Bench there were around 43,000 families still residing in core areas of tiger reserves and that the plan was to gradually move them out after proper consultation with Gram Sabhas. On being asked about the legal provisions to support the argument, she also read out from the 2006 Forest Rights Act and the Panchayat (Extension to Scheduled Areas) Act.

Asserting that all stakeholders should first ensure the legal rights of the tribals are not violated, Justice Patnaik said their rights must be settled in accordance with the provisions of the law.

 

"There is apparently no human-tiger conflict at least as far as these tribals are concerned. Everyone must remember that forests belong to forest-dwellers. British government considered forests of immense value and said through laws that all forests belonged to government. These people were brought down to poverty and they couldn't earn their living. They will be arrested for consuming the forest produce; such was their law," said Justice Patnaik.

His concerns were echoed by senior advocate Dushyanat Dave, who said forest-dwellers used to get arrested trying and collect wood or pick fruits from the forests.

The Bench, however, seemed satisfied with the promulgation of the 2006 Forest Rights Act and said this situation was sought to be reversed by the new legislation as it sought to identify their rights.

"One law can make a big difference. Zamindari abolition law is a good example how a law can reverse the situation," said Justice Patnaik, adding it was not the state but its forest departments' officers who did not want to give up their control over the forests.

At this, the ASG said the Centre was conscious of its duty towards protecting the rights of forest-dwellers and would relocate them after following the legal process.

 

 

TV9 News: Karnataka CET Medical Seat Allotment Scandal Exposed

www.youtube.com/watch?v=MG5hVPw0vnQ ,

www.youtube.com/watch?v=LKh-YWueYak  ,

 

 

 

To,

Honourable  Chief  Justice  of  India ,

c/o  Registrar,

Supreme Court  of  India,

New Delhi.

 

Honourable   sir ,

 

Subject :  -  PIL Appeal To Honorable Supreme court of India For Writ of Mandamus                          ATROCITIES  AGAINST DALITS IN KARNATAKA BY  HONOURABLE GOVERNOR  OF KARNATAKA

 

In  Karnataka dalits are oppressed in various ways by the influential people ,

1.      In  the recruitment  process at Karnataka State Open University , vice chancellor / vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .

2.      In  the recruitment  process at  Mysore University , vice chancellor / vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .

3.      In  the recruitment  process at  Hassan , Mandya , Mysore & Shimoga Medical Colleges , vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .

4.      In  the recruitment  process of KPSC for gazetted officers  , vested interests recruited unfit candidates belonging to their own community sidelining the deserving dalit candidates .

5.      The  Karnataka government officials immediately  evict  temporary hutments built  by tribals , dalits on government land and demolish those hutments. Whereas they allow  huge buildings , complexes  to be built on government land  by influential upper caste people. The government has  kept those illegal buildings intact for years , allowed the encroachers to earn lakhs of rupees and now  in the process of regularizing those illegal encroachments.

    The honourable governor of Karnataka , instead of taking  legal action and  legally prosecuting the guilty has taken side with the guilty themselves. He has approved AKRAMA SAKRAMA scheme of the government , no action was taken against vice chancellors of KSOU & Mysore University, etc. This is nothing but indirect way of atrocities against dalits , by  supporting  perpetrators of atrocities.

As a result , Since years unfit  people are working as KAS officers , unfit people are working in KSOU , Mysore University , Unfit people are working in medical colleges of Madya / Hassan / Mysore / Shimoga  and earning thousands of rupees monthly salary. Influential upper caste people are earning lakhs of rupees as rent from land encroachments and are on the verge of becoming legal owners of encroached lands.

 

The poor dalits although talented & deserving are without  jobs , without livelihood & shelter.

 

   Hereby , we appeal  to  Honourable  Supreme Court of India  ,

1.      To  criminally prosecute government of Karnataka chief secretary & governor of Karnataka , for all the above mentioned recruitment scandals , for their failure of duties.

2.      To   immediately evict land encroachers & prosecute them.

3.      To recover monetary gains made by the encroachers.

4.      To terminate the services of  unfit candidates selected  in the above mentioned recruitment processes.

5.      To legally prosecute  the  recruiting authority officials in all the above recruitments.

6.      To  make proper appointments  with due consideration to dalits , backward  class people in all the above institutions.

 

Date : 01.02.2014                                                                   Your’s sincerely,

Place : Mysore                                                                         Nagaraja. M . R.

 



 

 

 

To,

Honourable  Chief  Justice  of  India ,

c/o  Registrar,

Supreme Court  of  India,

New Delhi.

 

Honourable   sir ,

 

Subject :  -  PIL Appeal To Honorable Supreme court of India For Writ of Mandamus

LITMUS  TEST   for   HONESTY   of   SUPREME  COURT  OF  INDIA        

 

AKrama  Sakrama  Project  itself  is  an  AKRAMA

 

AKRAMA SAKRAMA  /  REGULARISATION  OF  ILLEGAL LAND ENCROACHMENTS  ILLEGAL LAND CONSTRUCTIONS   BUILDING BYE-LAW VIOLATIONS  

 KIADB de-notification scandal , BMIC – NICE SCANDAL  , MINING SCANDALS and Threats to RTI Applicant

 

 Rich builders , crooks in their  greed for more money  ( knowing fully well the illegalities )  have constructed  buildings  on public land  ,  constructed  buildings violating  the building  bye-laws.  Now , those crooks are earning  lakhs of rupees rental income .  The  government  law enforcement agencies  were mum , didn’t demolish such buildings  in time , allowing time for crooks  to  benefit from  anticipated regularisation.  However   the same government agencies  have not shown kind consideration  to  poor  people  who have  constructed temporary  hutments  on public land . Those hutments were immediately demolished & people evicted. The government  is not giving  land  / livelihood rights to tribal people living in areas bordering forests. The forest officials are slapping charges against  tribal people who are living in forests  since centuries , where as the same government is permitting  resorts  , hydel power companies in the same forests.

Whether  in the cities , towns  or in villages , the backward class people are struggling hard to earn their daily income , daily bread , let alone encroach government land & build  a house. Even if they do , the local biggies , political chelas , panchayath  members belonging to upper caste will  immediately evict them & demolish the illegal structure.

 

Majority  of illegal  land encroachments  in cities , towns & villages  are  done  by  persons having  political  influence , money power & belonging to  majority upper caste communities , in their  greed for  money , wealth.  

 

These building  bye-law violators , Land grabbers are not poor people  living below poverty line  earning  only rupees 32  per day as per planning commission of india. These rich crooks don’t deserve sympathy , kind consideration  as they  have committed the crime knowing fully well the illegalities  and they  can  bear the loss due to the demolition of their illegal buildings. The government must  also recover rent & other monetary gains  made out of those illegal buildings by the  builder.

 

The recent  move of Government of Karnataka  to regularize  building bye-law  violations  &  Public Land Grabbers amounts to :

1.      Rewards  for illegalities , crimes  if  one is rich.

2.      Punishes , demotivates  honest law abiding citizens.

3.      Double standards in law – one set for rich & one set for the poor.

4.      Favoritism  of  majority  upper caste &  oppression  of   backward caste  people.

5.      Total  disregard  to safety  of  people  in those illegal buildings  .

6.      Total disregard to safety  of  people  in the neighbourhood  and  people using  roads  passing  by those  illegal buildings.

7.       The government of  Karnataka move is a cunning ploy ,  to  regularize  illegal  land encroachments by upper caste people  in the name of  helping   oppressed  backward class people.

8.        The Karnataka Governor’s  approval  of  Karnataka Government’s  Akrama Sakrama scheme  is nothing  but  appreciation of crime & rewards for criminals.

 

   Hereby , we appeal  to  Honourable  Supreme Court of India  to annul  the  government of karnataka’s move to regularize illegal land encroachments.

 

Date : 01.02.2014                                                                   Your’s sincerely,

Place : Mysore                                                                         Nagaraja. M . R.

 

 

 

 

 

KPSC scam: Hiremath urges CID for report

 

Convener of the Jan Sangram Parishad and social activist S.R. Hiremath on Friday urged the CID, which is probing the Karnataka Public Service Commission scam, to submit its final report at the earliest.

Addressing presspersons here, Mr. Hiremath said the CID was yet to complete its final report even four months after the submission of the interim report. Though he was full of praise for the comprehensive manner in which the interim report was prepared, he said action against the guilty could not be initiated based on that alone.

He urged the government to show its commitment to providing clean and corruption-free administration by taking action against KPSC former chairman Gonal Bhimappa and others allegedly involved in the scam. He demanded that charge sheets should be filed against them, besides arresting them. He also demanded that assets disproportionate to their known sources of income should be confiscated by the government. “The intention is to not only bring the guilty to book, but also to prevent recurrence of such incidents,” he said.

He urged the government to cleanse the KPSC by remodelling it on the lines of the Union Public Service Commission.

Expressing concern over the allegations that bribes to the tune of Rs. 70 lakh to Rs. 1.5 crore had been collected from the candidates by the KPSC members to give them posts of assistant commissioners, Mr. Hiremath said this would affect the fabric of the State administration.

 

CID submits report on KPSC recruitment scam

 

The Criminal Investigation Department (CID), which carried out a probe into the Karnataka Public Service Commission (KPSC) recruitment scam, submitted its report to the Government on Wednesday.

The State Government had ordered a CID inquiry into the alleged irregularities in the selection of candidates for Gazetted Probationers Group A and B posts by the KPSC earlier this year. The Government order came after several candidates complained of corruption in the selection process.

CID sources said the inquiry report was submitted by the Director-General of Police, CID, Bipin Gopalakrishna, to the Chief Secretary and Home Secretary, Government of Karnataka. A copy of the report was also submitted to Director- General and Inspector-General of Police Lalrokhuma Pachau.

CID sources say that a draft chargesheet will be submitted to the government in a week's time to seek sanction for prosecution of the public servants mentioned in the report. After the government approval is received, a formal chargesheet will be submitted to the court.

The CID probe began after the Department of Personnel and Administrative Reforms (DPAR) lodged a complaint with the Vidhana Soudha police against a KPSC member, Mangala Sridhar, and her personal assistant for demanding bribe from an aspirant. The FIR also included the names of former KPSC Chairman Gonal Bhimappa, and two engineers of the Bangalore Water Supply and Sewerage Board (BWSSB).

The FIR was filed following a complaint by Mythri, an MD in Paediatrics and the topper in the ST category in the KAS exams, who had alleged that she was given low marks in the interview after she refused to heed the demand by a KPSC member for a bribe of Rs. 70 lakh for getting the post of Assistant Commissioner (Revenue).

 

U R Ananthamurthy May Write to Prez over Appointment of V-Cs

 

The controversy over the appointment of Davangere University vice-chancellor may reach the President of India. Dr U R Ananthamurthy, Chairman of the Search Committee constituted for the selection of vice-chancellor, is thinking of writing to President Pranab Mukherjee over the way the V-Cs are being appointed in the State.

Reacting to the controversy, Ananthamurthy told Express, “I will speak to the Chief Minister about the issue. I want the Chief Minister to take the up the issue, and if he doesn’t, I will take up the issue to President.”

“I know that we cannot change the appointment which is already made. But my wish is it should not happen in other appointments,” Murthy said.

He said he is disappointed with the way some members of the Search Committee behaved. “Some members wanted to send four names in the panel, which is against the rule. When I suggested a senior Kannada professor’s name, one of the members said, we need a person who is capable of bringing money from corporate sector as V-C and not the one who studied literature,” he said.

According to Murthy, some members had decided on who should be the V-C. “It is really an insult to me. I wanted the process to be transparent and merit-based. The Chancellor did not consult the government while issuing the order and the government’s consent was not taken,” he said.

However, when contacted, Prof N S Ramegowda, Governor’s nominee in the committee questioned Murthy’s stand.

“Once the panel report is submitted to the government, the responsibility and the role of the search committee ends. The final decision lies with the Governor as per rules. The Chairman of the committee did not raise any objection when the names were finalised. Why is he going to government now for one person. Is it not lobbying?”

“It’s between the government and Governor. The committee’s work is over,” he remarked.

CM Favours One Candidate, Guv Appoints Another

The Search Committee, headed by Jnanpith awardee and former V-C of Mahatma Gandhi University, Kottayam, U R Ananthamurthy decided to conduct interviews before finalising names for the  V-C’s post. The committee met in the first week of November, shortlisted 16 candidates and asked them to come for an interview on December 17 with powerpoint presentations about their views.

After the interview, the committee finalised three names. The first name was Dr Janardhan, second was Dr L Gomathi Devi and the third was Dr B B Kalival. It submitted the list to the government.

Chief Minister Siddaramaiah personally examined this list and considering the social justice and merit, he approved Gomathi Devi’s name and forwarded it to Governor and Chancellor. But on Saturday, without consulting the government or the CM, the Governor issued the appointment order by approving Kalival’s name.

‘I am Hurt’

Reacting to these developments, Gomathi Devi said, “I am really hurt with this. But I cannot question the decision of the Chancellor. I can say that I was capable and eligible (for the post).”

 

Governor seeks inquiry into Karnataka State Open University irregularities

 

MYSORE: Based on a request from department of higher education, the governor had directed the ?Governor seeks inquiry, Karnataka State Open University (KSOU) VC to inquire and submit a report on the alleged irregularities in the university on six counts. Issues which should be inquired into include marks card scandal and appointment of 21 regional directors causing illegal expenditure to the university to the tune of Rs 2 crore per annum.

Governor's secretary in his letter written on behalf of the former to KSOU VC had claimed that governor has directed him to seek comments if any in the matter in respect of six allegations.

 

First allegation is about marks card scandal in which the authorities under the supervision of deputy registrar have tampered the marks cards of degree students. "There are more than 300 incidents of tampering since 2006 to 2010," the letter noted adding that though a couple of officials have been sent home, deputy registrar HL Vishwanath under whose supervision the scandal took place has continued in his service and promoted to registrar's post.

Another major allegation is temporary appointment of 21 regional directors in violation of section 2(9) (3) of the general recruitment statute 2004 of Karnataka Universities Act and hiking their salaries resulting in serious financial burden on the varsity. Appointment and continuation of 21 regional directors is per se illegal, the letter said adding that the action has to be initiated against the concerned accused persons.

Letter also pointed out that KSOU illegally regularized the services of 28 temporary assistant professors in violation of the appointment norms, rules and regulations and these appointments are in contradiction of the UGC rules and directly contravened the Apex court judgment, the letter pointed out.

Letter revealed the bizarre violation of the rules by KSOU authorities in promotion of an electrician and a water supply operator as junior engineers.

Letter raised the issue of mass copying by students in the examinations and said action of the university to open centres outside Karnataka is in direct contravention of the Supreme court judgment in Yashpal case suggesting a detailed inquiry into it.

Governor said VC should send his comments on the issues raised in the letter with in 30 days and if he fails to respond he will be free to take appropriate decision on the irregularities on the basis of the records. These irregularities took between 2006 and 2013.

 

Hassan  ,  Mysore  , Mandya & Shimoga  Medical College Recruitment scam

http://www.youtube.com/watch?v=9Qh1QKincqA 

 

Javare Gowda draws flak for ‘misusing' fast 

 

Gandhiji's motives were altruistic, not Javare Gowda's: Chandrashekar Patil

 

MYSORE: Former president of the Kannada Sahitya Parishat Chandrashekar Patil has lashed out at writer and former Mysore University Vice-Chancellor D. Javare Gowda for defending his son J. Shashidhar Prasad in the university recruitment scandal episode.

Prof. Javare Gowda went on a fast in the city on Wednesday and defended Prof. Prasad, who is at the centre of a controversy surrounding the recruitment process in the university. Prof. Prasad was also Vice-Chancellor of the University of Mysore.

A one-man commission probed the recruitment scandal and pronounced Shashidhar Prasad guilty of violating University Grants Commission recruitment norms. But Governor H.R. Bhardwaj, who is also the Chancellor of the university, stayed criminal proceedings against Prof. Prasad on the grounds that it was illegal.

This resulted in vociferous reactions by students and staff of the varsity.

Pained by the series of agitations, Prof. Javare Gowda said the recruitment of candidates was approved by the university Syndicate and the Registrar, and hence, all had to shoulder collective responsible for the process.

This stance has incensed teachers.

Prof. Patil, who addressed a press meet here on Thursday, criticised the move to undertake the fast. “Being a senior writer, Prof. Javare Gowda should have maintained a dignified silence instead of blindly defending his son. Mahatma Gandhi used fasting as an instrument to pursue a noble cause, but Prof. Javare Gowda used it to serve a selfish end,” he said.

Prof. Patil, along with film actor Lohitashwa, staged a demonstration at Gandhi Square in condemnation of the fast.

Mr. Lohitashwa said the Governor should direct the Government to invoke the provisions of law against Prof. Shashidhar Prasad and uphold the sanctity of the University of Mysore.

Prof. Patil also took a dim view of a few writers who supported Prof. Javare Gowda and said the latter's love for his son was understandable, but the support of the writers was incomprehensible. Prof. Patil said if those responsible for violating recruitment norms in the university were not punished, a Statewide agitation would be launched.

 

 

ABVP plans Manasagangothri bundh tomorrow

Mysore, August 14, DH News Service:

 

 

Akhila Bharathiya Vidyarthi Parishat (ABVP) has called for Manasagangotri bundh on August 16 urging the State Government to file a criminal case against former vice-chancellor of University of Mysore, Prof Shashidhar Prasad for recruiting 162 persons by flouting rules and regulations.

 
In a press release here, K Vasanthkumar, divisional organising secretary of Mysore Division of ABVP said Prof Shashidhar Prasad, during his tenure, filled up 162 posts in teaching and non-teaching categories by not following any prescribed rules and regulations. 

This is a biggest scandal and has been a black spot in the history of  University of Mysore. The deserving candidates belonging to the SC/ST, backward classes and minorities, had been denied jobs. An committee headed by retired judge of Karnataka High Court, H Rangavittalachar, constituted to probe the allegations, has given a report that irregularities has been committed in the appointment of 161 persons. Besides, the committee had stated that roster has not been violated by the varsity. 

Subsequently, the government directed the varsity authorities to book a criminal case against Prof Shashidhar Prasad.

 

He said later, the incumbent Governor Hans Raj Bhardwaj, has written a letter to the vice-chancellor, Prof V G Talawar not to book criminal case against Prof Shashidhar Prasad. The governor who talks of corruption in mining, is trying to shield Prof Shashidhar Prasad who has been indicted by the inquiry commission. This has given room suspicion about the style of functioning of the chancellor’s office.

He said their demands are; filing criminal case against Prof Shashidhar Prasad, cancellation of all 162 appointments done by him, starting recruitment process afresh, action against members of Academic council and Syndicate who were equally responsible for recruitment.

The ABVP has planned post card campaign on this issue. It has requested all the students to send post cards to President Pratibha Patil seeking her intervention and directing the government to proceed with the criminal case against Prof Shashidhar Prasad.

 

Probe into lapses in medical college recruitment

 

Guilty will be punished, says Sharan Prakash Patil, Medical Education Minister, Karnataka.

Medical Education Minister Sharan Prakash Patil has said that he will order a time-bound probe into the alleged irregularities in the recruitment process in government medical colleges in Hassan and Mysore two years ago.

It is alleged that posts in the these medical colleges were filled during the tenure of Ramachandre Gowda as Minister for Medical Education in the BJP government without approval from the Finance Department.

Dr. Patil told presspersons here on Tuesday that Mr. Ramachandre Gowda resigned following the controversy but the officials concerned were not booked. Though an inquiry by the then Additional Chief Secretary was ordered, it did not take off as the officials had retired by then, he added. “I was surprised by the way the issue was handled. I will apply my mind and order a time-bound probe. The guilty will be punished,” he said.

Similarly, another scam — the submission of fake certificates in the Mandya Institute of Medical Sciences (MIMS) — would be handed over to the Lokayukta, to abide by the recommendation of the committee headed by Gururajan, he said.

It is alleged that four senior staff members of MIMS produced fake experience certificates to get jobs in violation of regulations.

On the Rajiv Gandhi Super-Speciality Hospital Raichur, popularly known as OPEC hospital, which was closed down a year ago, he said that the government was particular about retaining the hospital in the government sector.

“If there is a technical problem, then will we think of having a private partnership,” he said.

Efforts are on to revive the hospital. A report had been sought from the hospital director on the condition of building and medical equipment. “Based on the report, the building would be refurbished. A sum of Rs. 1.20 crore has been set aside for this,” he said.

A walk-in interview would be held to fill vacant posts, he added.

With the contract between Apollo Hospitals and the government expiring, OPEC hospital closed down on June 1, 2012.

 

Eight persons accused in Dalit atrocity case in jail

 

The Nangli police in Kolar district on Wednesday arrested all the eight persons accused in a recent case of atrocities on Dalits at Kagganahalli in Mulbagal taluk. All of them were produced before court which remanded them in judicial custody till February 6, Mulbagal Deputy Superintendent of Police T. Siddaiah told The Hindu . The arrested were lodged in the sub-jail here. The situation in the village is peaceful now, Mr. Siddaiah added.

The Nangli police registered a case following a caste abuse complaint lodged by Nagabhushan, one of the members of four families which were facing boycott, on January 21.

Shankara Reddy, Keshavappa, Suresh, Krishna Reddy, Anjaneya Reddy, Srinivas, Narayanaswamy and Munivenkata Reddy are the arrested. A police team arrested the accused when they were on their way to get bail from court.

Boycott

Four Dalit families of Kagganahalli accused that upper caste people imposed a social boycott on them, prompting Social Welfare Minister H. Anjaneya to visit the village a couple of days ago. Mr. Anjaneya then warned that social evils such as boycott of Dalits cannot be tolerated and that action would be taken against the culprits.

MLA G. Manjunath, Inspector-General of Police of Civil Rights Enforcement Directorate Nanjundaswamy, Deputy Commissioner D.K. Ravi and Superintendent of Police Ram Nivas Sepat accompanied Mr. Anjaneya.

 

PRACTICE OF UNTOUCHABILITY BY EDUCATIONAL INSTITUTIONS IN  INDIA
- VIOLATION OF HUMAN RIGHTS OF DALITS

In india , rich people belonging to forward castes form educational trusts , proclaiming that they want to serve the society by providing education to all irrespective of caste or creed. By this declaration they get Civic Amenity sites from government authorities at concessional rates. Further they get tax , duty
exemptions on materials , machines they import for the educational institution. However , while admitting students they are purely  commercial minded , the highest bidder gets the seats.

 

 IF AT ALL THE SOLE AIM OF THESE INSTITUTIONS IS COMMERCIAL – LET THEM BE REGISTERED AS COMMERCIAL BODIES , ASK THEM TO GET SITES AT COMMERCIAL MARKET RATES , ASK THEM TO PAY TAXES ON
MATERIALS , MACHINES & THEIR YEARLY INCOME. ENFORCE MINIMUM WAGES ACT , GRATUITIES ACT , P.F & ESI ACT TO THESE INSTITUTIONS WHO ARE PAYING A PITTANCE TO THEIR STAFF.


Some institutions like industrial training institutes ( I.T.I) , polytechnics , engineering colleges & medical
colleges run by trusts floated by forward castes lack basic infrastructure , to teach students properly , they only appoint staff belonging to thier castes. Dalits , minorities , weaker section people are not at all selected. They don't publicly advertise for vacancies. They fill all posts with thier own caste people & finally even get government grant in aid. How ? These institutions are getting affiliations , yearly approvals form the government , how ? actually they should have been shut.  These trusts want government backing for tax exemptions , lands at concessional rates ,monetary benefits , etc , however the same trusts are not willing to implement the social welfare objectives of the government , by providing seats to weaker sections , by providing appointments to dalits  few posts in all category of positions ( not just group D - dalits are also brilliant & capable of performing all jobs, they have proved it ).

 


Hereby , we urge honourable prime minister of india , government of india  &  honourable chief minister of karnataka ,  government of karnataka to :

1. before giving lands at concessional rate , tax exemptions , to any educational trusts the government must ensure that the trust must adhere to the social welfare norms of the government from day one.
2. Before giving affiliations to educational institutions the govt must ensure , are the institutions are providing sufficient infrastructure to students ?
3. Before giving grant in aid to any institution , the government must ensure have the management provided jobs to dalits , minorities , etc as per norms from the day one . if not grant in aid should be
rejected. Here there is no meaning in giving reservation of jobs in future appointments in those institutions , as all the posts are presently filled with forward castes , there is no expansion projects.
So , dalits have to wait for another 30-40 years to get the vacancies in those institutions after the retirement of forward caste employees , which is not at all practical or realistic .
4. In karnataka state , numerous Industrial Training Institutes ( ITI) have mushroomed , some don't even have basic infrastructure. Still they are running the show , how ? these ITIs run by forward caste people have appointed only their caste people to all posts , not even a single dalit is there. Still they have got government grant in aid , how ? we urge honourable chief minister of karnataka , to look into this & in future to provide grant in aid in aid to only those I.T.Is which have proper infrastructure & dalits , weaker section employees on their pay-rolls.
5. To order all educational institutions to make public announcement of vacancies in their institutions even though not covered under grant in aid , as they have already taken sufficient monetary
benefits from the government.
6. To order all educational institutions , to admit students as per government rates of fees. Some institutions are fleecing higher fees from the students , but are giving receipts for lesser amount only.
7. If any educational institutions don't agree with the government  norms , those institutions must be asked to be registered as commercial bodies , no tax exemptions , lands at concessional rates ,
allotment of CA sites should be given to them by the government.


By these measures alone poor & weaker section people will get justice . you are aware of merited but poor  students committing suicides year after year , CET fiasco - due to their financial inability to join medical or engineering colleges. Numerous similar cases are there with regard to admission to ITIs .
polytechnics. The greed  &  casteism of these educational institutions is reigning high. In the positive hope that you will be kind enough to  put an end to this menace.

 

 

ELIMINATE MANUAL SCAVENGING BUT NOT SCAVENGERS

-         an appeal to honourable supreme court of India

 

 

        In India, since independence certain affirmative actions by the government like job reservations , reservations in educational institutions , loan facilities , etc are extended to the backward class , oppressed people. However , the persons who have economically, socially become stronger on the basis of these government affirmative actions are not letting their own brethren – scavenging community  to utilize the same. The politicians are just making noises about  sub caste reservation for scheduled castes & tribes , but doing nothing. As a result , today we find some sub-castes & tribes of SC / ST better off than their previous generation, some other sub-castes & tribes of SC / ST are reeling under utter  poverty , social ostracism , etc.

       A human being can be in a civilized form , healthy -  if we have scavengers to clean our toilets , drainages , if we have barbers to cut our hairs. The very same people who keep us healthy & civilized are not treated in a civilized manner by the society , why ? most of the town municiapalities , city corporations are employing scavengers on daily wages without any statuotary benefits & are paid less than the statuotary minimum wages. every  towns & cities in India are bursting with population growth , however the number of scavengers has not been increased in proportion to the growth of population , In most of the cases the existing scavengers are overburdened with the work load. ,  Most of them are suffering from occupational health hazards , are dying at young ages leaving their families in the lurch.

      Hereby, we appeal to honourable supreme court of  India to treat this as a PUBLIC INTEREST LITIGATION & to order government of India , all state governments , statuotary bodies

1.      to regularize the jobs of all scavengers , to provide all statuotary benefits like ESI,PF, etc.

2.      to take all necessary steps to eradicate manual scavenging – carrying human excreta on heads.

3.      to take all necessary steps to protect their health & occupational safety.

      

Bottomline : all the citizens , the society must learn to respect their brethren who keeps them healthy , tidy & civilized. JAI HIND.VANDE MATARAM.

 

Your's sincerely,

Nagaraj.M.R.

 

KSOU ready to face any probe: Vice-Chancellor

 

Karnataka State Open University (KSOU) Vice-Chancellor K.S. Rangappa has said the university is functioning well within the powers assigned to it under the KSOU Act.

Rubbishing allegations made by Medical Education Minister S.A. Ramdas that the KSOU had signed memorandums of understanding (MoUs) with dubious institutions to impart higher education, Prof. Rangappa said here on Tuesday that all transactions of the university were done in a transparent manner.

“The KSOU is prepared to face inquiry by the CID or even the CBI,” he said at a press conference here.

(The State government on May 11 ordered a probe by the Criminal Investigation Department (CID) against the KSOU in the backdrop of allegations of conducting technical and paramedical courses illegally.)

Mr. Ramdas has alleged that the KSOU did not obtain the permission of the Medical Council of India (MCI) to start paramedical courses in association with a certain institution here.

Prof. Rangappa said the collaborative institution had to obtain permission from the MCI, and not the KSOU. He said he was unaware as to why he was being “targeted” by Mr. Ramdas.

“Arbitrary and misleading” statements from persons holding responsible positions in the government could only tarnish the image of the KSOU and jeopardise the academic future of the over 3 lakh students enrolled with the university, he said.

The KSOU had entered into collaboration with over 100 institutions to impart distance education after the Governor, the Chancellor of the university, approved the statues.

The MoUs were signed with the institutions later. The KSOU was empowered to enter into contracts as well as recognise any institution of higher learning or studies for such purposes, the Vice-Chancellor said.

Prof. Rangappa said an expert committee would inspect the institutes to ascertain their credibility in terms of imparting higher education. Based on the committee report, the Academic Council of the KSOU would accord recognition for such institutions for collaboration, he said. The Governor had sought all details from the KSOU in the matter and he would submit them soon, Prof. Rangappa said.

The charge that more than 1 lakh paramedical students were “cheated” by the KSOU since the collaborative institutions did not exist was also not true as there were not more than 40 students enrolled in such courses, he said.

However, the Distance Education Council (DEC) had asked the KSOU to stop the B.Tech. course, but the university had moved the court, Prof. Rangappa said.

If the collaborative institutions failed to function, complaints could be registered with the KSOU. Contracts with such institutions could be terminated in the interest of the students, he added.

Registrar of the university B.S. Vishwanath and deans T.D. Deve Gowda and S.N. Vikaram Raj Urs were among those present.

 

University of Mysore’s new V-C facing a slew of allegations

 

Saturday, January 12, 2013 - 10:01 IST | Place: Mysore | Agency: DNA

DNA Correspondent

 

Be it charges of plagiarising his research thesis or pulling strings for his son’s college admission, rangappa has a lot going against him.

KS Rangappa, who was appointed as the vice-chancellor of University of Mysore on Friday, is facing the following charges:

Plagiarism
Rangappa has been accused of plagiarising a Osmania University research paper, published in an Indian journal, in October 2009 and getting the same published in an international science journal within a year.

Osmania University’s professors from the chemistry department - G Vijayalakshmi, M Adinarayana and P Jayaprakash Rao - had prepared a research paper ‘Kinetics of oxidation of adenosine by tert-butoxyl radicals: Protection and repair by chlorogenic acid’ in 2008. The paper was sent to Indian Journal of Biochemistry and Biophysics on July 16, 2008, and revised on August 10, 2009. It was published in its edition of October 2006 (Volume 46).

Rangappa allegedly published the same paper in an international journal, Journal of Physical Organic Chemistry (Europe), in its April 2010 edition, with his name along with those of MN Kumara and DG Bhadregowda in addition to the names of the original authors. Besides that, the address for correspondence was that of Rangappa’s.

DNA had published a detailed report regarding the issue in its March 10, 2011 edition. Following the report, a PIL was filed at Mysore district court. The case is still pending.

Favouring his son
Rangappa’s role in favouring his son in order to get him admitted to Yuvaraja’s college was proved by a syndicate sub-committee constituted by the university syndicate. In 2006 Rangappa favoured his son Shobith to get a seat at Yuvaraja’s college by decreasing the eligibility to 45% when the actual eligibility was 55%. Surprisingly, Rangappa was one of the members in the committee constituted to take decision on decreasing the eligibility.

Shobith, who had not cleared his second PU exams, cleared them by taking the supplementary exam. After the announcement of supplementary exam results, the eligibility was brought down to 45%; some days later, the admission eligibility was raised again to 55%. By this time, Shobith had secured admission.

Dissent note by Thimmappa
Dissent note on the inclusion of professor KS Rangappa’s name in the panel for the post of vice-chancellor of Mysore University made by the search committee in its meeting held on January 4, 2013, reads:

1. A writ petition Nos. 11444/2012(GM-PIL) filed by Sri. KS Shivaram with serious allegations against professor Rangappa is pending before the high court of Karnataka and hence until the case is disposed off in favour of Professor Rangappa, it is prudent on our part not to consider him for the post of V-C at this stage.

2. Professor Rangappa is already functioning as vice-chancellor of KSOU and as there is no dearth of well-qualified candidates for the post of vice-chancellor in the large number of universities under general education, there is hardly any justification to consider professor Rangappa again for a second term. Incidentally, the KSU Act, 2000, ordains only one term for vice-chancellor.

Hence—Thimmappa MS, member, search committee, has stated—I am against including Prof Rangappa’s name in the panel.

 

Govt orders criminal cases against ex-VC of Mysore varsity

Bangalore, June 11, DH News Service:

The State government has ordered filing of criminal cases against former Mysore University Vice-Chancellor J Shashidhar Prasad for violating government and university rules while recruiting teaching and non-teaching staff.

This is the first time that the state government has given the go ahead for filing of criminal cases against a former vice-chancellor. The 162 appointments made during Prasad’s tenure are now in a limbo. The State government has issued directions to University of Mysore to file criminal charges against the former V-C as per Section 8 (4) of the Karnataka Universities Act, 2000. 

In a separate order, the Government has sought details on the appointments made during Prasad’s tenure and their present status. Following complaints of violation of norms during the university recruitment process, a one-man commission headed by retired high court judge H Rangavittalachar was appointed to inquire into the allegations. The report submitted on September 30 last has been accepted by the government and on Wednesday gave the go ahead for filing criminal charges.

The Rangavittalachar commission had found that Prasad violated the University Grants Commission rules and the State government’s reservation policy while awarding marks during selection of candidates to the posts of professors, readers and lecturers during 2006-07.

http://vtnlog-1536340128.us-west-2.elb.amazonaws.com/beacon/vtpixpc.gif?pid=1076&vid=0&pixelfrom=ep&type=vp

 

In addition to the department-wise break-up of appointments made, the State government on Wednesday also sought from the university residential addresses of the appointee. According to highly-placed sources, notices would be served on these appointees shortly. Further action would be taken based on their responses. 

Minister defends 
Minister for Higher Education Arvind Limbavali said that the move was taken only after careful consideration of the issue. “We had an inquiry ordered to look into the matter. Only after considering this the Government has filed the criminal charges against the ex-Vice Chancellor,” he said.

 

 Vice-Chancellor of VTU failed in 7 semesters

 

 

 The head of Karnataka’s premier technical education umbrella institution, Visvesvaraya Technical University (VTU), failed in seven of the ten semesters of his undergraduate degree course in mechanical engineering.

 

He finally managed to pass the course, but only after many attempts, adding up to a total of 25 marks sheets. He now heads a university which has 200 engineering colleges functioning under it. And the HighCourt is looking at his claims that he passed in first class. The stack of marks statements of his shows that he passed only 3 semesters of the 10 without failing in any subject, making repeated attempts to pass some of the papers in the rest of the semesters. He could pass two subjects of the seventh semester only after he passed the 9th and 10th semesters.

While Maheshappa completed semesters nine and ten in 1982, he reappeared for two subjects of the seventh semester – machine design I and estimating, specification and engineering economics – in March 1983. In the ninth semester too he failed in two subjects – metrology and automatic control engineering – in Feb/March, 1982 and he cleared these papers along with the 10th semester.

 

Student at the Government BDT College of Engineering, Davangere affiliated to University of Mysore, Maheshappa obtained a post-graduate degree and doctorate from Bangalore University, where it was not mandatory to submit a degree certificate while seeking entry to a PG course or doctoral programme. 

It is not mandatory for a person to have a first class degree to become a VC, but Maheshappa has been accused of making false claims before the search panel that selected him to head the VTU for three years from 2010. While he has claimed that he has a first class degree in BE, those who have filed a public interest litigation in the High Court have alleged that he has just a second class degree, and contrary to his claim did not guide any PhD student. 

The University of Mysore, during 1980s, used award an engineering degree based on the scoring of the last two semesters. Maheshappa’s 10th semester marks card (August/September 1982) mentions that he obtained second class. He failed in two subjects and his total scoring was 393 out of 775. 

He passed the subjects later. In the final semester, he secured 830 out of 1400. While the university awarded him second class going by the marks he had scored in the first attempt, he has claimed that after the second attempt he made in the 9th semester, the percentage crossed 60 per cent.

 

Copies of the marks cards, obtained under the RTI, show that the University seems to have committed an error in the column indicating ‘Total Marks’. 

While the ‘Total Marks’ for the 9th semester was 775 in the statement of marks of Feb/March 1982, the same is shown as 770 in the final semester marks sheet, where both marks scored in 9th and 10th are mentioned. 

The total scoring of two semesters stands at 830 out of 1400 (59.24 %). But it should be 830 out of 1425 (58.24%). 

Maheshappa, in the CV submitted to the search committee, had stated that he had ‘guided’ four PhD students. But a document obtained under the RTI from VTU on January 5, 2012 has stated that no student has been awarded PhD under his guidance but he is only ‘guiding’ four students. 

K Balaveera Reddy, two-time vice chancellor of VTU, told Deccan 
Herald: “Any university will go by the marks obtained by a student in the first attempt. The marks obtained by making subsequent attempts to clear a paper are not taken into consideration while declaring class or rank. In case of VTU, the last four semesters aggregate is taken into consideration for declaring class.”

 

 

 

KU scandal: Probe reveals murky links

 

 

 

Every year, the accused involved in the fake marks cards and answer scripts scam in Kuvempu University, “earned” lakhs of rupees through their illegal deeds. With the investigation taking shape, police have found answers to various questions like where did this money go, how was it utilised and  more. 

However, the police are perplexed as to why the University has not maintained the details of its answer sheets, blank marks cards and holograms, which were stolen by the accused. Interestingly, the accused have maintained detailed records in dairies and note books on the money and answer scripts received.

During the second raid, police recovered more documents on financial transactions and other details like the number of answer scripts received from a particular agent, registration numbers and the amount received from the agents. The documents collected by the police also reveal how the money was spent in the last two years. Main accused Devaraj invested more than `8 lakh in 10 chit-funds ranging from `1.5 lakh to `10,000 every month, which was mentioned in the dairy of his wife. They have also purchased gold jewellery and pasted the receipts on each page of the dairy.

Devaraj is a group-D contract employee. Now the police are discussing with legal experts and senior police officers on how to recover that amount, police sources said.

A senior police officer told Express that the recovered blank answer scripts, marks cards and hologram are not fake. But the University is behaving as if it does not know anything about this. It is not bothered about how many blank answer scripts, marks cards and holograms had been stolen from the University. During examinations, each examination centre would be given the answer papers and the in-charge of the examination centres should return the remaining answer scripts, which should match the total number of copies, to the University after the examination.

Investigation should also be conducted on whether the accused have stolen the answer scripts while transporting them back to the University or had stolen them from the University itself. If the examination centre in-charge had given the correct details of thecopies, then the University store keeper will have to face the music. Otherwise, the examination centre in-charge would also be held responsible for the scam, the officer said.

 

 

Degree certificate tampering scandal hits BU

 

Even while the Rajiv Gandhi University of Health Sciences (RGUHS) is battling allegations of tampering of marks cards, Bangalore University (BU) has a similar problem in its own backyard. The varsity recently discovered that the degree certificate of a former student was fraudulently given away to another person during BU’s 41{+s}{+t}mini convocation .

Explaining the case, BU Registrar (Evaluation) R.K. Somashekhar said B. Sujatha, who graduated in 1998, took her marks card from the university but did not apply for her B.Ed degree certificate. When she finally did apply for a provisional degree certificate last year, BU authorities unearthed the scam where her degree certificate (bearing her register number) had been given away to another person named Joshwa Samuel. While the university has now withdrawn the degree given to Mr. Samuel and reconfirmed that the degree belonged to Ms. Sujatha, the whereabouts of Mr. Samuel is still not known.

 

 

The 30 Billion Dollar Medical Seats Scam

 

Fury gripped the grass-roots medical fraternity today as they vented their anger on Twitter's hashtag#SaveNeetPG in relation to the “Cash for Medical Seats” scandal. On the 3rd April 2013, the CNN-IBN admirable sting operation caught the following on camera in relation to “medical seats for sale”:-

• Medical colleges sell seats defying the Supreme Court order
• Officials demand Crores for Postgraduate medical  [PG] seats
• Money Trumps merit: Will Future Doctors be incompetent?
• Legitimate students paid lakhs to vacate PG seats
• How colleges hire docs to fudge medical inspections
• Find out why your child may not get admission to 
medical college
• Medical seats for sale: Are colleges producing dummy docs?
• CNN IBN uncovers black market for PG medical seats

India's medical fraternity have demanded that the government acts immediately over  this obvious corruption. One Indian doctor [ @DoctoAt Large] wrote

“You can't expect doctors paying 3 crores for PG seats to be ethical with patients. Start by eliminating corruption in admissions”

Following the sting operation, CNN-IBN submitted the film to the Medical Council of India [MCI]. Sadly, all authorities have been lethargic. The MCI's position on this issue is currently unknown.  There has been no robust statement of reassurance to the media or the public. This is entirely unacceptable. Despite this clear and present danger to the public, the MCI refused to have a plan or be pro-active in this issue. Are they out of their depth?

Indeed, the true extent of threat to public safety not yet known, considered or addressed. This is broadly an unacceptable and shocking situation. The government and the MCI appears relatively unconcerned about the potential threat to patient safety. Moreover, it is unknown how many doctors have “bought their way” through medical school. The true extent of medical incompetence is  also unknown. Moreover, this may have international implications as the number of doctors from this group may also be working abroad.

The current Health Minister appears relatively unconcerned about the potential for high mortality rate and threat to patient safety this may have led to or may indeed lead to. Moreover, this calls into question the number of competent students unlawfully rejected from medical school/post graduate education in favour of the elite who can pay their way through anything. The MCI and the current government' supine attitude to this serious problem raises the question as to whether they are implicated or complicit in these unlawful activities.

Buying a place in medical school is becoming a easy gateway to status, power and financial security. Long gone are ideas of patient safety and integrity. Clearly, the good doctors who have tirelessly worked hard against these serious obstacles will object to this unlawful behaviour that places the Indian medical fraternity under public scrutiny. How can the public now trust India's medical establishment with their lives? These activities will be causing an erosion in public confidence.

It is interesting that in April 2010, the President of the Medical Council of India [MCI] was arrested by the Central Bureau of Investigation for taking a Rs 2 crore bribe to recognise a medical college in Punjab. The CNN-IBN investigation had also demonstrated how a cartel led by this man flouted the normal procedures of the MCI with the intention of making money. Moreover, students lacking a background in science were given places on MBBS courses and colleges with no proper infrastructure were granted licenses. At that point, the government had apparently dissolved the MCI and replaced it with a board of governors, but the situation has not changed at all.

To demand some kind of accountability, CNN-IBN Live's Mr Rajdeep Sardesai swung into action from his usual cricket viewing and dog walking to take another bite at this story.  He  questioned former MoS Health Minister Dinesh Trivedi on this matter.

Mr Trivedi admitted that every year more than $30 billion was involved in “buying” medical seats. During the interview he claimed that 100 or so medical colleges were being controlled by politicians and were involved in selling their PG medical seats. “The “big money goes to 100 colleges”  Mr Trivedi said.

Trivedi blamed the conduct of the politicians saying

“It is the job of the government to create capacity whether in terms of hospitals or in terms of medical colleges, You just have many medical colleges, just like you've done for engineering colleges. Now there are no capitation fees. This is the gap that is created purposely kept”.

Former member of the Dental Council of India, Dr Usha Mohandas added

It is a kind of well-established cartel. It is a beautiful network. The world can learn a lot from how strong this networking has been established for a wrong purpose. I would want the ministry to take absolute responsibility because the process of started and ending this is with the ministry, the other people in between are just via media. The ministry cannot wash its hands off and say that these are autonomous. If you ask the regulatory, they say we don't know anything you know, the minister asks us to do the same. This passing of the buck has to end.

All this is not new of of course. Over the last three years, CNN-IBN has been reporting on the corruption in the top most echelons of the Indian medical establishment with no action taken by the government.

The TV channel wrote

CNN-IBN has also been showing how medical education regulators have been approving sub-standard medical and dental colleges and allowing them to flourish. The apathy, however, is leading to production of dummy doctors in the country”

Other incidences include as follows - In 2009, the Times of India reported that MBBS seats were being sold for Rs12 lakhs-40 lakhs by two private colleges in Chennai. At the time, the price of the seats were Rs 2 crore in radiology while Rs 1.5 crore for cardiology, gynaecology and orthopaedics. The hike in price was due to the reduced number of places available that year for the 32,000 graduates from medical school.

Times of India  wrote

“Another senior expert, who has held prestigious posts at the national level, says he has urged the UGC to hold centralized examinations like JEE for admissions to both MBBS and PG courses. ``It's a national shame to commercialize education. Besides, death of merit affects the quality of medical education. When money is paid, these colleges ensure that the exit is definite. The students pass, qualified or not,''

By 2011, the Central Bureau of Investigation arrested a doctor from Karnataka in the PGIMER  seat for sale scam. This was the sixth arrest at the time. The mastermind's main area of operation were Karnataka, Maharashtra, Madhya Pradesh, Punjab and Haryna -  where he along with his partners would text individuals for various examinations offering a seat for a certain price. The price of the seats ranged from Rs 20 lakh to Rs 80 lakh. Allegedly, seats were offered for AIIMS New Delhi as well.

In October 2011, Bangalore Police announced “A racket in sale of medical and dental seats for sums ranging from Rs 75 lakh to Rs 90 lakh has been busted in Karnataka with the arrest of 11 persons belonging to two gangs”. There were more complaints of medical seat fraud in Bhopal where a woman was arrested for allegedly taking money in exchange for medical seats.

By 2012, the CBI had been investigating more complicated allegations of medical school seat scam. This particular scam was elaborate involving a Tollywood producer.

The Indian Express wrote

“We are looking into the role of doctors in collusion with the accused and medical seat aspirants,’’ the sources said. Police suspect that the main accused collected huge amounts of money from the medical seat aspirants.  “With the tainted money the producer is planning to make more movies in the near future,’’ a source said.

Of course, these are the few stories that were reported. There must be thousands of incidents that have not made it to the public eye. It is clear that corruption is widespread in India's medical training system.  For now, we know that this is allegedly a $30 billion dollar scam, with the involvement of politicians who yet remain unnamed. While the current Health Minister passes the buck onto the MCI, it is interesting to note that he cleverly diverts the public gaze from the politicians who may well be ultimately responsible for this scandal. The MCI have no powers to hold politicians to account.  

Not only have they placed the public at risk but the government faces allegations of illegal discrimination on a mass scale.

We do not know how long this unlawful behaviour has been ongoing, nor do we know the extent of incompetent unqualified people who have been allowed into medical school and have been allowed to practise in India or abroad.

We do not know how many patients have died as a result, nor do we know the true scale of this scam. If individuals can “pay” their way into medical school, to what extent does this dishonesty extend? Is this dishonesty at dangerous levels now given the endless lists of health related scams in India. The current health minister had limply stated that there would be an audit on health related scams “We have to have audits in future to check health-related scams, including NRHM scam”.  So that would be the corrupt assessing the corrupt leading to a erroneous result then.

Lastly, how many innocent people are suffering because of the utterly shameful behaviour of the current government of India? The “Cash For Medical Seats” Scandal joins the endless list of Indian Scandals that the government has swept under the carpet by building a cosmetic façade of innocence.

The question is, how many people will die as a result?

NB Congratulations to the CNN-IBN team and their boss Rajdeep Sardesai for their superb sting operation and determination in exposing this wide ranging scandal.

Author : Dr Rita Pal, Follow her twitter.com/dr_rita39

Related Links

Details of SaveNeetPG
Times of India Medical scam just got bigger: PG seats for Rs 2cr
CBI arrests Karnataka doctor in PGI seat scam
More complaints in Medical Seat Fraud
Medical Seat Scam. CBI To Quiz More Suspects
CNN-IBN's Sting Operation-Medical Seats being sold
IBN- Live on Medical Seats
Bangalore Police Uncovers Scam in Medical Seats 
Lawyer held for Medical Seat Scam 
PVT Medical Colleges Sell Seats 
India's Biggest Scam 

 

 

 

DVS alleges marks card scam in RGUHS, seeks Lokayukta probe

 

 

Leader of the Opposition in the Legislative Council, D V Sadananda Gowda on Thursday said that a massive marks card scandal was continuing in the Rajiv GandhiUniversity of Health Sciences (RGUHS).

Citing instances of two students, one of whom is from the Rajarajeshwari Medical College, Bangalore, Gowda said the university has been passing students, though they had failed in some subjects. Such a thing is happening at all the colleges affiliated to RGUHS, he added.

Gowda said that Harshitha of Rajarajeswari Medical College had failed in anatomy and physiologypapers in June 2012 examinations. Subsequently, she went for a re-totalling of the marks of the two subjects, but was again declared failed.

“However, when the marks cards were issued by the university in December 2012, Harshitha had passed in the two papers,” he said.

Appeal

The former chief minister appealed to the medical education minister to order a Lokayukta probe into the marks card scandal, which he said, is not limited to one or two students but involved several hundreds.


JD(S) leader M C Nanaiah said the government must study whether the administrative authorities of the university will come under the ambit of the Lokayukta Act before ordering any inquiry. Gowda also claimed that a Rs 266-crore scam had taken place in Karnatak University, Dharwad.

 

 

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Posted by naghrw at 11:58 AM
Permalink
Thursday, 9 February 2017
Human Rights Vs Police
Topic: human rights , media

S.O.S   e - Voice For Justice - e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.07........18 / 02 / 2017

 



Torture Chambers of India

https://syednazakat.wordpress.com/2011/02/04/indias-secret-torture-chambers/ 

 

Editorial :   Human Rights  Vs  Police

  We  respect  , salute HONEST , Professional police officials who are sincerely doing their duties to uphold rule of law in india   24 hours X 365 days.  Many police police have sacrificed their lives  while protecting law , citizens at the hands of mafia , naxals & terrorists.  Ou whole hearted respects to them. Due to hard work , sacrifices of  our police &  military we common people are living peacefully and enjoying our rights , freedom  in india. The credit fully goes to them.

   Our legal struggle is against the few  corrupt police elements within the police force who use  illegal methods in league with criminals  to suppress commoners , innocents , aggrieved. Nowadays , commoners are meted out  injustices by   few  law enforcement officials themselves. In all such cases  , law enforcement officials show utter contempt towards of law of the land “Constitution of  India” and  orders of the “Supreme Court of India” with regards to HUMAN RIGHTS of a person . Therefore  such law enforcement officials are  anti nationals  and must be legally booked  for the contempt , criminal charges.

 Jai Hind. Vande Maataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 


Hold officers responsible for caning: Karnataka HC

04th August 2016

BENGALURU:  The High Court on Wednesday observed that the officers who monitored the Mahadayi protest at Yamanur in Dharwad district and gave instructions to lathicharge villagers should also be held responsible, and not only the constables who did the caning.

Expressing displeasure at the way the police handled the Mahadayi protest at the village, Justice A N Venugopala Gowda asked the State Human Rights Commission (SHRC) to submit a report on police highhandedness by Friday.

He took the State Police Complaints Authority and Human Rights Commission to task for not initiating suo motu action against police excesses on innocent villagers. The judge wondered how the authorities of both the bodies become mute spectators despite the media exposing police atrocity.  

 

Police  Atrocities on  Farmers demanding  Mahadayi  water

https://www.youtube.com/watch?v=aL8caPLc-48  ,

http://widyom.tk/tag/Dharwad:%20Cops%20Brutally%20Lathicharge%20Farmers%20in%20Yamanur;%20DG%20&%20IGP%20Om%20Prakash%20Reacts  ,

 


Police must issue summons in writing: HC

TNN | Feb 14, 2012

 

MADURAI: The Madurai bench of the Madras high court on Monday ruled that "the police have no power to require a person to appear in the police station as a routine measure, without issuing summons for such appearance." The judge clearly stated that "on a cumulative reading of the provisions of the Code of Criminal Procedure, it is evident that the police have no authority to summon a person without issuing a notice in writing."

Justice K K Sasidharan made these observations while disposing a petition filed by Safurnissa who alleged that her husband, Sulaiman Sait was frequently directed to appear before the police without issuing notice, in the name of enquiry. They alleged that the police was ill-treating them during the course of investigation into the case of pipe bomb targeting BJP leader L K Advani.

"There is no dispute that the accused should not be permitted to avoid prosecution. However, under the guise of investigation, innocent persons should never be subjected to unnecessarily restraint or ill-treatment. The police have every right to require the attendance of a person, who according to them, would be in a position to give information with respect to a case under investigation," Justice Sasidharan said. He added that as per Section 160 of the Code of Criminal Procedure, 1973, while conferring power on the police to summon a person, equally enjoins the police a duty to see that no person is ordered to appear before the police station without a summons. There should be proper records to show that a person was summoned to the police station in connection with a particular case or incident. The failure on the part of the police to maintain records alone gives them opportunity to use third degree methods and in the event of death during such custody or during the course of investigation, to destroy evidence and to escape from possible legal action.

"Policemen are also public servants. The fact that they are invested with certain powers under the Code of Criminal Procedure, 1973 does not mean that they are all above the law. They cannot expect people to abide by laws, unless they themselves act in accordance with the Code of Criminal Procedure and other relevant enactments," he added.

Justice Sasidharan pointed out that in case of arrest, the SC has given 11 directions to be followed by the police scrupulously. Hence, the police have to follow detailed guidelines while carrying out an arrest and handling the interrogation.

 


Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”

- Mahatma Gandhi

 

 


SUPREME COURT DIRECTION ON ARREST

 

In view of the increasing incidence of violence and torture in custody, the Supreme Court of India (in D.K.Basu vs. State of West Bengal (1997) AIR 1997 SC 610) has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:

1. Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.

2. A memo of arrest must be prepared at the time of arrest. This should  Have the time and date of arrest. be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made.  be counter-signed by the person arrested.

3. The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.

4. Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station.

5. The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made.

6. An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is.

7. The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The "Inspection Memo" should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.

8. The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.

9. Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his  record.

10. The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.

11. There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board.

These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness.

These requirements are in addition to other rights and rules, such as:

• The right to be informed at the time of arrest of the offence for which the person is being arrested.

• The right to be presented before a magistrate within 24 hours of the arrest.

• The right not to be ill-treated or tortured during arrest or in custody.

• Confessions made in police custody cannot be used as evidence against the accused.

• A boy under 15 years of age and women cannot be called to the police station only for questioning.

 



Can police search your house or office without a warrant in India?

By  Vasu Khera

 

Let’s start with a basic. What is a search warrant? A search warrant is a court order that a magistrate, Judge or Court issues that authorizes law enforcement officers to conduct a search of a person, location or vehicle for evidence of a crime and to confiscate illegal items or evidence of crime, if they find any. In order to get a search warrant, the police must convince a judge that there is evidence of a crime at that place and if the judge is convinced, he shall issue a warrant and the warrant must be very specific, as it should clearly state where exactly the search should take place, including a specific date and time. In India, Article 19 (Right to Freedom) and Article 20(3) (Protection against Self Incrimination) of the Indian Constitution give protection to the accused person against testifying against themselves which implies protection of citizens from unreasonable searches.

 

The power to issue search warrant should be exercised with all the care and circumstances. According to the provisions of the Criminal Procedure Code, search warrant can be issued under specific circumstances. Three of the circumstances are covered by section 93 which provides:

 

(a) Where a court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been addressed will not produce the document as required by such summon.(b) where such document or thing is not known to the court to be in the possession of any person, or(c) where the court considers that a general search will serve the purpose of any inquiry, trial or other proceeding under this code ,it may issue a search warrant.2. Where the court specifies in the warrant the particular place or part to which only the search shall extend.

3. Nothing contained in this section shall authorize any magistrate other than a district magistrate to grant a warrant to search for a document, parcel or another thing in the custody of the postal services.

 

4. A warrant for search of a place suspected to contain stolen property, forged document can be issued under section 94.

 

5. If any person is confined under such circumstances that the confinement amounts to an offence, a search warrant shall be issued for the person so confined. This has been provided by section 97.

 

The law usually makes an exception for hot pursuit as Section 165 of the code has been enacted as an exception to this general law of searches because it is recognized that in certain exceptional emergencies it is necessary to empower police officer to carry out searches without first applying to the courts for authority.

 

So, the answer of the question as to whether police can search your house without warrant is “Yes”. The police can enter your private residence or office without a warrant, but only under very limited circumstances.

 

The circumstances in which a police officer does not need a search warrant to conduct a search are stated in section 165, and these grounds are as follows:

1) Whenever an officer in charge of a police station or a police officer making an investigation has a reasonable grounds to believe that anything necessary for the purpose of an  investigation into any offence which he is authorized to investigate may be found in any place and that thing cannot in his opinion be obtained without undue delay without a search, such officer may search for such thing in any place within the limits of such station.

 

2) Police officer proceeding under sub section (1), shall if practicable, conduct the search in person.

 

3) If police officer is unable to conduct the search in person and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to make the search and order him to search for such thing in such place.

 

4) If a police officer remained outside the house while the search was being made inside by some subordinate officer, the search was not held to be illegal.

 

5) Copies of any record made under sub section (1) shall be sent to the nearest magistrate empowered to take cognizance of the offence.

 

The question arose before the Hon’ble supreme court of India as to whether issuance of search warrant infringes fundamental rights and the Hon’ble apex court held AIR 1954 SC 300 that a search and seizure is only a temporary interference with the right to hold premises searched and the articles seized. Hence, no question of violation of Article 19 is involved. Also search and seizure of documents from accused does not amount to infringement of fundamental rights under Article 20(3) of the constitution.

 

As a search warrant is drastic invasion upon the privacy of a person, the code has imposed certain limitations upon this powers:

1) The document or the thing being searched for must be distinctly specified.

2) A magistrate other than a district magistrate or a chief judicial magistrate cannot issue a search warrant with a respect to a document of postal authority.

3) The magistrate must exercise his judicial discretion while issuing search warrant.

4) Search and seizure should be made in compliance with the provision to section 100 of Cr.P.C.

 

 

 

Unless the fact-pattern fits one of the exceptions discussed above, a warrant is required to police to conduct a search. But police may not use this as an arbitrary power  like as if the police search your home and a court says that the search was unlawful, any evidence they seized during search can’t be used against you in court and  some rights are given to an occupant like person can ask for identification and explanation as to why they are at your location and can also restrict the search to the area specified in the warrant or if they search in an area where they are not supposed to or not listed in the warrant then person can challenge the search.

 

However, in reality, police in India is known to use the power given in Section 165 in a very wide manner to fish for evidence in houses of any suspect or non-suspect, and sometimes even as a tool for harassment and oppression. Due to the general language of Section 165, police can first search your house on a whim and subsequently validate such search retrospectively if the Station In-Charge backs up the search.

 

It is not a good idea to restrict the police from searching if they demand to search your house or office even if they do not have an warrant to do so, since they can use force with impunity and later on justify the search under Section 165. They can also arrest you for obstruction of a police officer, which is an offence.

 

At best, you may demand that a police office be present during the search. You can also demand that respectable civilian people in the area be present during the search. Also, the police should prepare a seizure list and make you sign the same.

 

The real danger is that one may plant evidence against you during a search and police may use this against you in a case. This is why, if possible searches should be video recorded.

 

If search is not video recorded and it appears that evidence has been planted against you – the best recourse you have is in the court of law, and it is unlikely that you will be able to reason with the police.

 

It is possible to demand that your lawyer, if immediately available, be present during a search. In fact, it is a great idea to have a good lawyer present during a raid or search of your premises.

 

Prisoners' Rights

By HRLN

 

“The poor, illiterate and weaker sections in our society in our country suffer day in and day out in their struggle for survival and look to those who have promised them equality- social, political and economic…a very large number of under–trial prisoners suffer prolonged incarceration even in petty criminal matters merely for the reason that they are not in a position, even in bailable offences, to furnish bail bonds and get released on bail.”

Ex-Chief Justice of India Adarsh Sein Anand

November 1999

 

In India, eighty percent of the inmates in the jails are under trials. The major problems faced by these inmates are not only of not getting a trial but that of not being granted bail, inhuman treatment in jails, facing poor conditions, lack of proper medical treatment, etc. There are various statutes such as the Prisoners Act, 1894; the Model Manual Prison India, etc. and various precedents which have been laid down in landmark cases which provide for the rights which these prisoners are entitled to. However, the problem today lies not in the availability of these rights but in the implementation of these rights and precedents. We at HRLN, under the Prisoners Rights Initiative work towards helping these prisoners get their rightful treatment in the prisons, safeguard their access to a fair and speedy trial, facilitate bail procedures and work towards various other procedural requirements to ensure that these prisoners make efforts to only achieve reformation and don’t have to fight for their survival.

 

ISSUES OF CONCERN

 

80% prisoners are under trials

Even though bail is granted, prisoners are not released.

Lack or insufficient provision of medical aid to prisoners

Callous and insensitive attitude of jail authorities

Punishment carried out by jail authorities not coherent with punishment given by court.

Harsh mental and physical torture

Lack of proper legal aid

High amount of surety ordered by courts which indigent prisoners can’t pay

Rejection of surety bonds due to lack of money or verification of addresses, as indigent prisoners don’t have houses.

Corruption and other malpractices.

WHAT WE DO?

The Prisoners Rights Initiative, in confluence with advocates and social activists working all across India aim at getting prisoners released, especially indigent ones, who are or have been under going trials and have been languishing in the prison for a long period of time. For this purpose, we file bail applications, file for surety bonds and in cases where the indigent prisoners are unable to pay for the same, we provide for monetary assistance in collaboration with our other NGO initiatives.

 

Since, this initiative deals with problems faced by prisoners, our advocates regularly visit the jails and collect cases and case details from the prisoners.

Apart from providing assistance to prisoners to ensure their safe and timely releases, our constant endeavor is to aspire to safeguard the rights of these prisoners to a fair and speedy trial. So far, in Delhi prison itself, over 500 persons have been provided with legal advice/representation and over 200 indigent prisoners and 150 juveniles have been released on bail. Once the prisoners have been released, we aim at providing facilities to these prisoners so that they are able to get in touch with their family, we counsel them and their families and help these prisoners reach their homes safely by providing monetary assistance which is done with the help of our other partner NGOs.

Our advocates not only fight for indigent prisoners, but also women prisoners, prisoners with disabilities and juveniles We have filed various PILs in Maharashtra, West Bengal and Delhi and have managed to get successful releases of prisoners, inquiries ordered by Courts to look into the matters and provision of legal aid to these prisoners.

HRLN held a National Consultation Conference whereby all advocates and social activists working with various NGOs all across the country came together to discuss the main issues and plan of action to combat the grievances faced by prisoners.  The main of the conference was to establish an approach whereby legal teams would be instituted to make frequent visits to police station lock ups and prisons to provide legal advice and representation.

 

WHAT WE HAVE DONE

As per statistics, we at HRLN have taken up 841 cases so far. This is the number of cases that we have worked upon in eight states including Rajasthan, Madhya Pradesh, Chhattisgarh, Orissa, Delhi, West Bengal, Maharashtra and Andhra Pradesh. The total number of cases taken up until 2011 is 841, wherein the total number of bails granted is 738 which is highly indicative of our success rate. Our basic aim has been from the start to gradually achieve systemic change where legal aid for undertrials will be institutionalized from the point of arrest and the legal aid system substantially reformed and also to raise awareness of prison conditions and the problems faced by undertrials. We believe in the ideology to provide legal aid to indigent undertrials from the point of arrest. To release groups of undertrials who are languishing in jail beyond the maximum possible period of incarceration.

 

We at HRLN visit jails to have direct communication with the prisoners who have been in these prisons for years due to undertrial. During the jail visits these lawyers or paralegal worker meet the prisoners and under trails directly and not only provide legal aid but also identify areas for work to be done. Many juveniles those were languishing in adult jails were released or transferred to Juvenile Homes. It has been very stately presumed that prisoners have undergone poor upkeep even when they are extremely sick. At HRLN we make it an agenda to ensure that sick prisoners are provided with better treatment.

 

The prison is supposed to be for reformatory purpose. However the entire purpose fails when the supposed transformation is delayed for more than decades. With people who under trials, their reformation is extended to such long  period that their reformation indeed is extended to acute medical issues and these people are absolutely unfit to even survive as normal human beings.

 

Rights of Prisoners

http://shodhganga.inflibnet.ac.in/bitstream/10603/46512/12/12_chapter%204.pdf

 

Treatment And Protection Of Witnesses In India

By : Dhruv Desai  

 

Witness protection program and witness protection laws are simply the need of the hour. In fact, it is the absence of these laws that has helped in further strengthening the criminals and offenders. But ironically in India, such programs and laws are a far cry from reality, where leave alone protection, the witness is not even treated with respect or asked for water.

 

A criminal case is built upon the edifice of evidence that is admissible in law. For that, witnesses are required, whether it is direct evidence or circumstantial evidence. Today the witnesses are a harassed lot. Not only that the witness is bribed, threatened, abducted, even maimed or done away with. For all these reasons and many more, a person abhors from becoming a witness.

 

 

Treatment of Witnesses

The present judicial system has taken the witnesses completely for granted. Witnesses are summoned to the Court regardless of the fact that they have no money, or that they cannot leave their family, children, business etc. and appear before the Court. But that's not all. On reaching the Court, some are told that the case has been adjourned (for reasons that may run into infinity) and the respective lawyer politely gives them a further date for their next appearance.

 

In the matter of Swaran Singh v. State of Punjab, the Supreme Court observed,

"A witness has to visit the Court at his own cost, every time the case is differed for a different date. Nowadays it has become more or less fashionable to repeatedly adjourn a case. Eventually the witness is tired and gives up."

 

The Court further held that while adjourning a case without any valid cause, a Court unwittingly becomes party to miscarriage of justice.2 Most witnesses have to wait their turn out. And when their time for deposing or the giving of evidence comes, the lawyers examine and cross examine them as if they themselves are the perpetrators of the crime.

 

Perjury

Since the guilt of the accused is proved to a great extent on the basis of the evidence or the information given by such a witness, therefore perjury or the giving of false evidence has to be severely censured.

 

Perjury today has also become a way of life in the Courts. In some cases the judge knows that whatever the witness is saying is not true and is going back on his previous statement. The Judge here ignores this fact and does not even file a complaint against him.

 

Section 340 of the Criminal Procedure Code, 1972 states the procedure for the prosecution for contempt of lawful authority of the public servants, for the offences against public justice and for the offences relating to documents given in evidence.

 

 

Section 340(3) of Criminal Procedure Code states:

A complaint made under this section shall be signed-

a) Where the Court making the complaint is the High Court, by such officer of the High Court as the Court may appoint;

b) In any other case, by the presiding officer of the Court.

 

It is respectfully submitted that Section 340(3)(b) needs to be amended, empowering any officer of the Court to file a complaint against such witnesses, thereby putting an end to the notion of bought over or hostile witnesses.

 

The High Courts also have to be vigilant is these matters if the criminal justice system is to be put on a proper pedestal. The system cannot be left at the mercy of the state machinery. In today's computer age, it's about time that all lower courts are linked up with their respective High Courts with a computer. A proper check should be maintained on the adjournments and recording of evidence. Further, the Bar Council of India and the State Bar Councils must play their part and put the criminal justice system back on track.

 

Instances Where Witness Protection Was Provided

Naroda- Patia: Mohammad Shakur Sayyad, a victim of the Naroda-Patia carnage in the year 2002, who was also a key witness in that case, was attacked and beaten up brutally by a group of thirty people, while he was sitting outside his shop at the Faisal Park Society in Vatva. According to him Akram Ahmed, an anti social element of that locality while assaulting him along with other people of the abovementioned group was shouting "You are very fond of deposing before the Nanavati Commission, aren't you?"

 

Sayyad, who lost his three children in the Naroda-Patia massacre, had deposed before the Nanavati Commission on 1st October 2003 naming several persons in the mob. He is one of the key witnesses in the case and had also been provided with one police guard.

 

The guard however had retired for the day when Sayyad was attacked. The neighbours of Sayyad maintain that Akram Ahmed had been threatening others not to depose before the judiciary during the Naroda trial. About forty-five families of Naroda-Patia have refused to go back to the area after the riots.

 

What is shocking in this case is that such a key witness (in this case Sayyad), was provided with only one police guard who, surely, would have looked to save his own life rather than that of the witness he was protecting, when the crowd of thirty people attacked.

 

 

Ketan Thirodkar case:

In another instance, the Bombay High Court had given police protection to an ex-journalist Ketan Thirodkar, because he had been under threats soon after he had filed the police complaint, which disclosed a series of illegal acts allegedly committed by the police in connivance with the underworld. Thirodkar had filed a petition seeking police protection as well as a police enquiry into the police underworld nexus. However, the public prosecutor opposed the grant of police protection on the ground that Thirodkar himself was involved with the underworld.

 

Here the public prosecutor failed to comprehend the fact that:

a) Thirodkar has admitted his links with the underworld and is ready to face the legal consequences.

b) That even former criminals/ mobsters are also given police protection if they turn approver.

The High Court, in this case, had given Thirodkar police protection only for a limited period, not realizing that the persons that he is to implicate would cause serious injury to him the moment the temporary police protection is removed.

 

 

Twin Blast case:

The role of witnesses and the issue of their protection has come in for much discussion after Shivnarayan Pandey, the taxi driver who gave clues in the August 25th 2003 Twin Blast case had to be given extra protection by the Mumbai Police.

 

The identity of the witness (Pandey) in this case was leaked to the media by an inspector on the day of the blasts. This officer allegedly circulated Xerox copies of a document bearing the name of the witness and the registration number of his vehicle. A couple of days later, a crime branch officer is believed to have leaked his address in Kandivali- a distant Mumbai suburb- to the media persons.

 

The police had failed to realize that Pandey was an important prosecution witness in a very sensitive case. Since the police are yet to arrest more persons in regard to this case, Pandey is a crucial witness in identifying such persons. In such cases the police should take extra precaution and issue a circular or directive to all officers in the department to maintain silence on all the investigations.

 

In this case the Mumbai police have contravened Section 30 of the Prevention of Terrorism Act (POTA), by failing to protect the identity of the prosecution witness.

 

 

Section.30 of Prevention of Terrorism Act states:

"Since the life of the witness is in danger, adequate measures should be taken to keep the identity and address of such a witness a secret. The mention of the names and address of the witness should be avoided in any records of the case and even in the Court orders or judgment."

 

While Pandey had been kept at an undisclosed place with police guards, his family had not been given protection, whereas, it could have been possible that under the guise of a political activist, some terrorist could have approached Pandey or his family members. They could have bribed Pandey or his family members or for that matter done anything to make sure tat Pandey turns hostile.

 

The prosecution, in a large number of cases including the BMW and the Jessica Lal murder cases, beside the ones registered under the Terrorist and Disruptive Activities Act (TADA), 1987 has time and again failed due to the backing out of witnesses.

 

Time and again the prosecution in some of the most sensitive cases had failed because the witnesses, initially responsible for setting into motion the state machinery, had changed their mind when examined in the Court. This has happened in a majority of cases registered in many states under TADA.

 

In sensational cases like the BMW and the Jessica Lal murder cases; and most recently in the Best Bakery case, wherein the Human Rights Commission intervened when the witnesses changed their statements in the Court due to the lack of protection to them and their families. Whereas in the earlier cases (the BMW and Jessica Lal murder case) most of the eyewitnesses did not open up to pin point the possible reason which compelled them to change their original stand.

 

The fact is that the accused are able to intimidate the witnesses because there was and is no program available under which, after the assessment of the need for protection to a particular witness, the administration could give him/her the requisite security cover.

 

In April 2003 a High level Committee headed by Justice V.S. Malimath (former Chief Justice, High Court of Gujarat) was appointed by the Home Ministry to reform the existing criminal justice system. The Commission said that the time has come to enact a law putting in place a Witness Protection Program in India as well.

 

Recommending the Witness Protection Program, the Malimath Committee however did not focus on any particular case. It spoke generally of the need to check the growing trend of hostile witnesses.

The committee said nothing beyond making a bald recommendation of adopting such a law. It made no effort to go into how the concept of witness protection program can be adapted to the legal topography of India. It did not deal with the obvious issue whether witness protection program is a luxury that a poor country like India cannot afford.

 

Also, until our police officers are not liberated from the political diktats, as recommended by the National Police Commission over two decades ago, it is not worth our while to try witness protection program even in the gravest of cases.

 

Judicial Activism

In recent time the judiciary has been giving significant amount of encouragement to establishing witness protection programs in India.

 

In one such instance, the Delhi High Court, has on 14th October 2003, issued certain guidelines to the police in providing protection to the witnesses in cases pertaining to life imprisonment or death sentences. The ruling is an attempt to check witnesses from turning hostile under threats from the accused.

 

The guidelines have been issued by Usha Mehra and Pradeep Nandrajog., JJ on a petition filed by Neelam Kataria, whose son Nitesh was allegedly murdered by Rajya Sabha MP D.P. Yadav's son Vikas and nephew Vishal.

 

The Delhi High Court has given the following guidelines in giving witness protection:

1. The Court has also made it compulsory for the investigating officer of a case to inform the witness about the new guidelines.

2. The Court has appointed the Member Secretary of the Delhi Legal Services Authority to decide whether a witness requires police protection or not.

3. The competent authority shall take into account the nature of security risk to him/her from the accused, while granting permission to protect the witness.

4. Once the permission is granted, it shall be the duty of the Commissioner of Police to give protection to the witness.

 

The High Court said that its order would operate until legislation is passed in this regard.

 

Initiatives By The Police

With terrorist activities on the rise, the Mumbai police have formulated a four-point plan to protect vital witnesses in the bomb blasts and other sensitive cases. Though this plan is still under deliberation, it shall soon be sent to the State Government for its approval, after which it will be enacted as a law.

 

The abovementioned 4-point plan is made on the following guidelines:

1. Transferring the witness from his city of residence to another city.

2. Government will provide the witness with a job similar to the one he is/was doing.

3. The witness shall be given a new name, identification, ration card; and a new passport.

4. The government will accept the responsibility of the witness's entire family and provide it with security cover.

 

In other countries like America even plastic surgery of the witness for his new identity is considered as an option. However, the Mumbai police it seems has not thought about this. But as stated by Rakesh Maria (Additional Commissioner of Police, Crime), if need be, the police shall take it under consideration.

 

Therefore, a person who has given or has agreed to give information or evidence or participates or has agreed to give information or evidence or participates or has agreed to participate in a matter pertaining to inquiry into the investigation or prosecution of an offence and who may require protection because of the risk to the security of the person arising in relation to the inquiry, investigation or prosecution be given witness protection by the police. Which as observed from the above instances may include relocation, accommodation, and change of identity in order to ensure the security of the protectee or to facilitate the protectee's re-establishment or his/her becoming self-sufficient.

 

Conclusion

Today, under present circumstances, the Indian Government is evaluating the American laws pertaining to witness protection, where gang men after turning approver are given a new name and identity and relocated to a new place. In the USA, the Federal Witness Protection Program was created in response to the dangers faced by the witnesses who testified against mobsters. In a high threat environment including pre-trial conferences, trial testimonials and other court appearances, a round the clock protection is provided to all the witnesses through the U.S Marshall Service.

 

The Witness Protection Program has been in existence in the United States since 1967. It has so far been used to rehabilitate not more than eight thousand witnesses and their fifteen thousand family members. The American system employs witness protection program typically to help a mafiso who turned approver in the Court, whereas it also employs witness protection program to crack down on drug and international terrorist activities.

 

Recently Canada gave witness protection cover under its Witness Protection Act, 1996 to a Sikh woman, Satnam Kaur Reyat, who threw fresh light in theKanishka Bombing Case.

 

While the government is presently deliberating over making laws pertaining to hostile witnesses and laws for witness protection, it is imperative to note that witness protection program works on the premise that all the officials involved in the secret exercise of changing somebody's identity are absolutely trustworthy. The plain fact is that the level of professionalism demanded by the witness protection program is considered to be beyond the capability of our police in the existing system, making it as susceptible as it is to extraneous influences.

 

In a recent case, where an IIT engineer (Satyendra Dubey) who was working as a manager in the NAHI; and had filed complaints to the Prime Ministers' office, regarding the misappropriations in the prestigious Golden Quadrilateral Highway project, was murdered, simply because he had filed those complaints. Today, the National Human Rights Commission has taken note of the media reports into the 'Lapses' on part of the Bihar Police; and has asked it to submit a report explaining its failure to investigate the case properly3. Therefore, if the Prime Ministers' Office can be penetrated, it is little wonder, which other place cannot be.

 

Today, stringent laws against persons giving false evidence and against witnesses that turn hostile are very much the need of the hour. In many cases, it is on the basis of the evidence given by witnesses that the State initiates the prosecution process. However, during the trial of those accused, it is often the case that those witnesses (on the basis of whose evidence the prosecution was initiated), turn hostile. Resulting in the acquittal of the accused. An instance of such happening is available in the recent times, wherein, in trial of one Mr. Mukhtar Ansari (legislator- Bahujan Samaj Party, Lucknow), who was being tried for the murder of a Jail Superintendent (Mr. R.K Tiwari), was acquitted because all the witness in the case (36 in number) turned hostile. It could also perhaps be because of the inadequate protection given to the witnesses, because of which they were influenced to change their earlier statements. But either ways this case portrays the inadequacy of the present justice system in India.

 

It is therefore not a question of funds, as they could be generated in due time by some means or the other; but a question put to the integrity of the system upon which thrives the sustainability of the witness protection program as well as the life of the witness and his family.

 

Basic Principles for the Treatment of Prisoners

 

Adopted and proclaimed by General Assembly resolution 45/111 of 14 December 1990

 

1. All prisoners shall be treated with the respect due to their inherent dignity and value as human beings.

2. There shall be no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3. It is, however, desirable to respect the religious beliefs and cultural precepts of the group to which prisoners belong, whenever local conditions so require.

4. The responsibility of prisons for the custody of prisoners and for the protection of society against crime shall be discharged in keeping with a State's other social objectives and its fundamental responsibilities for promoting the well-being and development of all members of society.

5. Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as such other rights as are set out in other United Nations covenants.

6. All prisoners shall have the right to take part in cultural activities and education aimed at the full development of the human personality.

7. Efforts addressed to the abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken and encouraged.

8. Conditions shall be created enabling prisoners to undertake meaningful remunerated employment which will facilitate their reintegration into the country's labour market and permit them to contribute to their own financial support and to that of their families.

9. Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation.

10. With the participation and help of the community and social institutions, and with due regard to the interests of victims, favourable conditions shall be created for the reintegration of the ex-prisoner into society under the best possible conditions.

11. The above Principles shall be applied impartially.

 

Standard Minimum Rules for the Treatment of Prisoners

 

Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977

PRELIMINARY OBSERVATIONS

 

1. The following rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of institutions.

 

2. In view of the great variety of legal, social, economic and geographical conditions of the world, it is evident that not all of the rules are capable of application in all places and at all times. They should, however, serve to stimulate a constant endeavour to overcome practical difficulties in the way of their application, in the knowledge that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations.

 

3. On the other hand, the rules cover a field in which thought is constantly developing. They are not intended to preclude experiment and practices, provided these are in harmony with the principles and seek to further the purposes which derive from the text of the rules as a whole. It will always be justifiable for the central prison administration to authorize departures from the rules in this spirit.

 

4. (1) Part I of the rules covers the general management of institutions, and is applicable to all categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to "security measures" or corrective measures ordered by the judge.

 

(2) Part II contains rules applicable only to the special categories dealt with in each section. Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those categories and are for their benefit.

 

5. (1) The rules do not seek to regulate the management of institutions set aside for young persons such as Borstal institutions or correctional schools, but in general part I would be equally applicable in such institutions.

 

(2) The category of young prisoners should include at least all young persons who come within the jurisdiction of juvenile courts. As a rule, such young persons should not be sentenced to imprisonment.

 

Part I

 

RULES OF GENERAL APPLICATION

 

Basic principle

 

6. (1) The following rules shall be applied impartially. There shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

 

(2) On the other hand, it is necessary to respect the religious beliefs and moral precepts of the group to which a prisoner belongs.

 

Register

 

7. (1) In every place where persons are imprisoned there shall be kept a bound registration book with numbered pages in which shall be entered in respect of each prisoner received:

 

(a) Information concerning his identity;

 

(b) The reasons for his commitment and the authority therefor;

 

(c) The day and hour of his admission and release.

 

(2) No person shall be received in an institution without a valid commitment order of which the details shall have been previously entered in the register.

 

Separation of categories

 

8. The different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus,

 

(a) Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate;

 

(b) Untried prisoners shall be kept separate from convicted prisoners;

 

(c) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence;

 

(d) Young prisoners shall be kept separate from adults.

 

Accommodation

 

9. (1) Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room.

 

(2) Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to associate with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the institution.

 

10. All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.

 

11. In all places where prisoners are required to live or work,

 

(a) The windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;

 

(b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.

 

12. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.

 

13. Adequate bathing and shower installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate.

 

14. All parts of an institution regularly used by prisoners shall be properly maintained and kept scrupulously clean at all times.

 

Personal hygiene

 

15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness.

 

16. In order that prisoners may maintain a good appearance compatible with their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.

 

Clothing and bedding

 

17. (1) Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him in good health. Such clothing shall in no manner be degrading or humiliating.

 

(2) All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.

 

(3) In exceptional circumstances, whenever a prisoner is removed outside the institution for an authorized purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing.

 

18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the institution to ensure that it shall be clean and fit for use.

 

19. Every prisoner shall, in accordance with local or national standards, be provided with a separate bed, and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness.

 

Food

 

20. (1) Every prisoner shall be provided by the administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.

 

(2) Drinking water shall be available to every prisoner whenever he needs it.

 

Exercise and sport

 

21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits.

 

(2) Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end space, installations and equipment should be provided.

 

Medical services

 

22. (1) At every institution there shall be available the services of at least one qualified medical officer who should have some knowledge of psychiatry. The medical services should be organized in close relationship to the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality.

 

(2) Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.

 

(3) The services of a qualified dental officer shall be available to every prisoner.

 

23. (1) In women's institutions there shall be special accommodation for all necessary pre-natal and post-natal care and treatment. Arrangements shall be made wherever practicable for children to be born in a hospital outside the institution. If a child is born in prison, this fact shall not be mentioned in the birth certificate.

 

(2) Where nursing infants are allowed to remain in the institution with their mothers, provision shall be made for a nursery staffed by qualified persons, where the infants shall be placed when they are not in the care of their mothers.

 

24. The medical officer shall see and examine every prisoner as soon as possible after his admission and thereafter as necessary, with a view particularly to the discovery of physical or mental illness and the taking of all necessary measures; the segregation of prisoners suspected of infectious or contagious conditions; the noting of physical or mental defects which might hamper rehabilitation, and the determination of the physical capacity of every prisoner for work.

 

25. (1) The medical officer shall have the care of the physical and mental health of the prisoners and should daily see all sick prisoners, all who complain of illness, and any prisoner to whom his attention is specially directed.

 

(2) The medical officer shall report to the director whenever he considers that a prisoner's physical or mental health has been or will be injuriously affected by continued imprisonment or by any condition of imprisonment.

 

26. (1) The medical officer shall regularly inspect and advise the director upon:

 

(a) The quantity, quality, preparation and service of food;

 

(b) The hygiene and cleanliness of the institution and the prisoners;

 

(c) The sanitation, heating, lighting and ventilation of the institution;

 

(d) The suitability and cleanliness of the prisoners' clothing and bedding;

 

(e) The observance of the rules concerning physical education and sports, in cases where there is no technical personnel in charge of these activities.

 

(2) The director shall take into consideration the reports and advice that the medical officer submits according to rules 25 (2) and 26 and, in case he concurs with the recommendations made, shall take immediate steps to give effect to those recommendations; if they are not within his competence or if he does not concur with them, he shall immediately submit his own report and the advice of the medical officer to higher authority.

 

Discipline and punishment

 

27. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life.

 

28. (1) No prisoner shall be employed, in the service of the institution, in any disciplinary capacity.

 

(2) This rule shall not, however, impede the proper functioning of systems based on self-government, under which specified social, educational or sports activities or responsibilities are entrusted, under supervision, to prisoners who are formed into groups for the purposes of treatment.

 

29. The following shall always be determined by the law or by the regulation of the competent administrative authority:

 

(a) Conduct constituting a disciplinary offence;

 

(b) The types and duration of punishment which may be inflicted;

 

(c) The authority competent to impose such punishment.

 

30. (1) No prisoner shall be punished except in accordance with the terms of such law or regulation, and never twice for the same offence.

 

(2) No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defence. The competent authority shall conduct a thorough examination of the case.

 

(3) Where necessary and practicable the prisoner shall be allowed to make his defence through an interpreter.

 

31. Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences.

 

32. (1) Punishment by close confinement or reduction of diet shall never be inflicted unless the medical officer has examined the prisoner and certified in writing that he is fit to sustain it.

 

(2) The same shall apply to any other punishment that may be prejudicial to the physical or mental health of a prisoner. In no case may such punishment be contrary to or depart from the principle stated in rule 31.

 

(3) The medical officer shall visit daily prisoners undergoing such punishments and shall advise the director if he considers the termination or alteration of the punishment necessary on grounds of physical or mental health.

 

Instruments of restraint

 

33. Instruments of restraint, such as handcuffs, chains, irons and strait-jackets, shall never be applied as a punishment. Furthermore, chains or irons shall not be used as restraints. Other instruments of restraint shall not be used except in the following circumstances:

 

(a) As a precaution against escape during a transfer, provided that they shall be removed when the prisoner appears before a judicial or administrative authority;

 

(b) On medical grounds by direction of the medical officer;

 

(c) By order of the director, if other methods of control fail, in order to prevent a prisoner from injuring himself or others or from damaging property; in such instances the director shall at once consult the medical officer and report to the higher administrative authority.

 

34. The patterns and manner of use of instruments of restraint shall be decided by the central prison administration. Such instruments must not be applied for any longer time than is strictly necessary.

 

Information to and complaints by prisoners

 

35. (1) Every prisoner on admission shall be provided with written information about the regulations governing the treatment of prisoners of his category, the disciplinary requirements of the institution, the authorized methods of seeking information and making complaints, and all such other matters as are necessary to enable him to understand both his rights and his obligations and to adapt himself to the life of the institution.

 

(2) If a prisoner is illiterate, the aforesaid information shall be conveyed to him orally.

 

36. (1) Every prisoner shall have the opportunity each week day of making requests or complaints to the director of the institution or the officer authorized to represent him.

 

(2) It shall be possible to make requests or complaints to the inspector of prisons during his inspection. The prisoner shall have the opportunity to talk to the inspector or to any other inspecting officer without the director or other members of the staff being present.

 

(3) Every prisoner shall be allowed to make a request or complaint, without censorship as to substance but in proper form, to the central prison administration, the judicial authority or other proper authorities through approved channels.

 

(4) Unless it is evidently frivolous or groundless, every request or complaint shall be promptly dealt with and replied to without undue delay.

 

Contact with the outside world

 

37. Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits.

 

38. (1) Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with the diplomatic and consular representatives of the State to which they belong.

 

(2) Prisoners who are nationals of States without diplomatic or consular representation in the country and refugees or stateless persons shall be allowed similar facilities to communicate with the diplomatic representative of the State which takes charge of their interests or any national or international authority whose task it is to protect such persons.

 

39. Prisoners shall be kept informed regularly of the more important items of news by the reading of newspapers, periodicals or special institutional publications, by hearing wireless transmissions, by lectures or by any similar means as authorized or controlled by the administration.

 

Books

 

40. Every institution shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books, and prisoners shall be encouraged to make full use of it.

 

Religion

 

41. (1) If the institution contains a sufficient number of prisoners of the same religion, a qualified representative of that religion shall be appointed or approved. If the number of prisoners justifies it and conditions permit, the arrangement should be on a full-time basis.

 

(2) A qualified representative appointed or approved under paragraph (1) shall be allowed to hold regular services and to pay pastoral visits in private to prisoners of his religion at proper times.

 

(3) Access to a qualified representative of any religion shall not be refused to any prisoner. On the other hand, if any prisoner should object to a visit of any religious representative, his attitude shall be fully respected.

 

42. So far as practicable, every prisoner shall be allowed to satisfy the needs of his religious life by attending the services provided in the institution and having in his possession the books of religious observance and instruction of his denomination.

 

Retention of prisoners' property

 

43. (1) All money, valuables, clothing and other effects belonging to a prisoner which under the regulations of the institution he is not allowed to retain shall on his admission to the institution be placed in safe custody. An inventory thereof shall be signed by the prisoner. Steps shall be taken to keep them in good condition.

 

(2) On the release of the prisoner all such articles and money shall be returned to him except in so far as he has been authorized to spend money or send any such property out of the institution, or it has been found necessary on hygienic grounds to destroy any article of clothing. The prisoner shall sign a receipt for the articles and money returned to him.

 

(3) Any money or effects received for a prisoner from outside shall be treated in the same way.

 

(4) If a prisoner brings in any drugs or medicine, the medical officer shall decide what use shall be made of them.

 

Notification of death, illness, transfer, etc.

 

44. (1) Upon the death or serious illness of, or serious injury to a prisoner, or his removal to an institution for the treatment of mental affections, the director shall at once inform the spouse, if the prisoner is married, or the nearest relative and shall in any event inform any other person previously designated by the prisoner.

 

(2) A prisoner shall be informed at once of the death or serious illness of any near relative. In case of the critical illness of a near relative, the prisoner should be authorized, whenever circumstances allow, to go to his bedside either under escort or alone.

 

(3) Every prisoner shall have the right to inform at once his family of his imprisonment or his transfer to another institution.

 

Removal of prisoners

 

45. (1) When the prisoners are being removed to or from an institution, they shall be exposed to public view as little as possible, and proper safeguards shall be adopted to protect them from insult, curiosity and publicity in any form.

 

(2) The transport of prisoners in conveyances with inadequate ventilation or light, or in any way which would subject them to unnecessary physical hardship, shall be prohibited.

 

(3) The transport of prisoners shall be carried out at the expense of the administration and equal conditions shall obtain for all of them.

 

Institutional personnel

 

46. (1) The prison administration shall provide for the careful selection of every grade of the personnel, since it is on their integrity, humanity, professional capacity and personal suitability for the work that the proper administration of the institutions depends.

 

(2) The prison administration shall constantly seek to awaken and maintain in the minds both of the personnel and of the public the conviction that this work is a social service of great importance, and to this end all appropriate means of informing the public should be used.

 

(3) To secure the foregoing ends, personnel shall be appointed on a full-time basis as professional prison officers and have civil service status with security of tenure subject only to good conduct, efficiency and physical fitness. Salaries shall be adequate to attract and retain suitable men and women; employment benefits and conditions of service shall be favourable in view of the exacting nature of the work.

 

47. (1) The personnel shall possess an adequate standard of education and intelligence.

 

(2) Before entering on duty, the personnel shall be given a course of training in their general and specific duties and be required to pass theoretical and practical tests.

 

(3) After entering on duty and during their career, the personnel shall maintain and improve their knowledge and professional capacity by attending courses of in-service training to be organized at suitable intervals.

 

48. All members of the personnel shall at all times so conduct themselves and perform their duties as to influence the prisoners for good by their example and to command their respect.

 

49. (1) So far as possible, the personnel shall include a sufficient number of specialists such as psychiatrists, psychologists, social workers, teachers and trade instructors.

 

(2) The services of social workers, teachers and trade instructors shall be secured on a permanent basis, without thereby excluding part-time or voluntary workers.

 

50. (1) The director of an institution should be adequately qualified for his task by character, administrative ability, suitable training and experience.

 

(2) He shall devote his entire time to his official duties and shall not be appointed on a part-time basis.

 

(3) He shall reside on the premises of the institution or in its immediate vicinity.

 

(4) When two or more institutions are under the authority of one director, he shall visit each of them at frequent intervals. A responsible resident official shall be in charge of each of these institutions.

 

51. (1) The director, his deputy, and the majority of the other personnel of the institution shall be able to speak the language of the greatest number of prisoners, or a language understood by the greatest number of them.

 

(2) Whenever necessary, the services of an interpreter shall be used.

 

52. (1) In institutions which are large enough to require the services of one or more full-time medical officers, at least one of them shall reside on the premises of the institution or in its immediate vicinity.

 

(2) In other institutions the medical officer shall visit daily and shall reside near enough to be able to attend without delay in cases of urgency.

 

53. (1) In an institution for both men and women, the part of the institution set aside for women shall be under the authority of a responsible woman officer who shall have the custody of the keys of all that part of the institution.

 

(2) No male member of the staff shall enter the part of the institution set aside for women unless accompanied by a woman officer.

 

(3) Women prisoners shall be attended and supervised only by women officers. This does not, however, preclude male members of the staff, particularly doctors and teachers, from carrying out their professional duties in institutions or parts of institutions set aside for women.

 

54. (1) Officers of the institutions shall not, in their relations with the prisoners, use force except in self-defence or in cases of attempted escape, or active or passive physical resistance to an order based on law or regulations. Officers who have recourse to force must use no more than is strictly necessary and must report the incident immediately to the director of the institution.

 

(2) Prison officers shall be given special physical training to enable them to restrain aggressive prisoners.

 

(3) Except in special circumstances, staff performing duties which bring them into direct contact with prisoners should not be armed. Furthermore, staff should in no circumstances be provided with arms unless they have been trained in their use.

 

Inspection

 

55. There shall be a regular inspection of penal institutions and services by qualified and experienced inspectors appointed by a competent authority. Their task shall be in particular to ensure that these institutions are administered in accordance with existing laws and regulations and with a view to bringing about the objectives of penal and correctional services.

 

Part II

 

RULES APPLICABLE TO SPECIAL CATEGORIES

 

A. Prisoners under sentence

 

Guiding principles

 

56. The guiding principles hereafter are intended to show the spirit in which penal institutions should be administered and the purposes at which they should aim, in accordance with the declaration made under Preliminary Observation 1 of the present text.

 

57. Imprisonment and other measures which result in cutting off an offender from the outside world are afflictive by the very fact of taking from the person the right of self-determination by depriving him of his liberty. Therefore the prison system shall not, except as incidental to justifiable segregation or the maintenance of discipline, aggravate the suffering inherent in such a situation.

 

58. The purpose and justification of a sentence of imprisonment or a similar measure deprivative of liberty is ultimately to protect society against crime. This end can only be achieved if the period of imprisonment is used to ensure, so far as possible, that upon his return to society the offender is not only willing but able to lead a law-abiding and self-supporting life.

 

59. To this end, the institution should utilize all the remedial, educational, moral, spiritual and other forces and forms of assistance which are appropriate and available, and should seek to apply them according to the individual treatment needs of the prisoners.

 

60. (1) The regime of the institution should seek to minimize any differences between prison life and life at liberty which tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.

 

(2) Before the completion of the sentence, it is desirable that the necessary steps be taken to ensure for the prisoner a gradual return to life in society. This aim may be achieved, depending on the case, by a pre-release regime organized in the same institution or in another appropriate institution, or by release on trial under some kind of supervision which must not be entrusted to the police but should be combined with effective social aid.

 

61. The treatment of prisoners should emphasize not their exclusion from the community, but their continuing part in it. Community agencies should, therefore, be enlisted wherever possible to assist the staff of the institution in the task of social rehabilitation of the prisoners. There should be in connection with every institution social workers charged with the duty of maintaining and improving all desirable relations of a prisoner with his family and with valuable social agencies. Steps should be taken to safeguard, to the maximum extent compatible with the law and the sentence, the rights relating to civil interests, social security rights and other social benefits of prisoners.

 

62. The medical services of the institution shall seek to detect and shall treat any physical or mental illnesses or defects which may hamper a prisoner's rehabilitation. All necessary medical, surgical and psychiatric services shall be provided to that end.

 

63. (1) The fulfilment of these principles requires individualization of treatment and for this purpose a flexible system of classifying prisoners in groups; it is therefore desirable that such groups should be distributed in separate institutions suitable for the treatment of each group.

 

(2) These institutions need not provide the same degree of security for every group. It is desirable to provide varying degrees of security according to the needs of different groups. Open institutions, by the very fact that they provide no physical security against escape but rely on the self-discipline of the inmates, provide the conditions most favourable to rehabilitation for carefully selected prisoners.

 

(3) It is desirable that the number of prisoners in closed institutions should not be so large that the individualization of treatment is hindered. In some countries it is considered that the population of such institutions should not exceed five hundred. In open institutions the population should be as small as possible.

 

(4) On the other hand, it is undesirable to maintain prisons which are so small that proper facilities cannot be provided.

 

64. The duty of society does not end with a prisoner's release. There should, therefore, be governmental or private agencies capable of lending the released prisoner efficient after-care directed towards the lessening of prejudice against him and towards his social rehabilitation.

 

Treatment

 

65. The treatment of persons sentenced to imprisonment or a similar measure shall have as its purpose, so far as the length of the sentence permits, to establish in them the will to lead law-abiding and self-supporting lives after their release and to fit them to do so. The treatment shall be such as will encourage their self-respect and develop their sense of responsibility.

 

66. (1) To these ends, all appropriate means shall be used, including religious care in the countries where this is possible, education, vocational guidance and training, social casework, employment counselling, physical development and strengthening of moral character, in accordance with the individual needs of each prisoner, taking account of his social and criminal history, his physical and mental capacities and aptitudes, his personal temperament, the length of his sentence and his prospects after release.

 

(2) For every prisoner with a sentence of suitable length, the director shall receive, as soon as possible after his admission, full reports on all the matters referred to in the foregoing paragraph. Such reports shall always include a report by a medical officer, wherever possible qualified in psychiatry, on the physical and mental condition of the prisoner.

 

(3) The reports and other relevant documents shall be placed in an individual file. This file shall be kept up to date and classified in such a way that it can be consulted by the responsible personnel whenever the need arises.

 

Classification and individualization

 

67. The purposes of classification shall be:

 

(a) To separate from others those prisoners who, by reason of their criminal records or bad characters, are likely to exercise a bad influence;

 

(b) To divide the prisoners into classes in order to facilitate their treatment with a view to their social rehabilitation.

 

68. So far as possible separate institutions or separate sections of an institution shall be used for the treatment of the different classes of prisoners.

 

69. As soon as possible after admission and after a study of the personality of each prisoner with a sentence of suitable length, a programme of treatment shall be prepared for him in the light of the knowledge obtained about his individual needs, his capacities and dispositions.

 

Privileges

 

70. Systems of privileges appropriate for the different classes of prisoners and the different methods of treatment shall be established at every institution, in order to encourage good conduct, develop a sense of responsibility and secure the interest and co-operation of the prisoners in their treatment.

 

Work

 

71. (1) Prison labour must not be of an afflictive nature.

 

(2) All prisoners under sentence shall be required to work, subject to their physical and mental fitness as determined by the medical officer.

 

(3) Sufficient work of a useful nature shall be provided to keep prisoners actively employed for a normal working day.

 

(4) So far as possible the work provided shall be such as will maintain or increase the prisoners, ability to earn an honest living after release.

 

(5) Vocational training in useful trades shall be provided for prisoners able to profit thereby and especially for young prisoners.

 

(6) Within the limits compatible with proper vocational selection and with the requirements of institutional administration and discipline, the prisoners shall be able to choose the type of work they wish to perform.

 

72. (1) The organization and methods of work in the institutions shall resemble as closely as possible those of similar work outside institutions, so as to prepare prisoners for the conditions of normal occupational life.

 

(2) The interests of the prisoners and of their vocational training, however, must not be subordinated to the purpose of making a financial profit from an industry in the institution.

 

73. (1) Preferably institutional industries and farms should be operated directly by the administration and not by private contractors.

 

(2) Where prisoners are employed in work not controlled by the administration, they shall always be under the supervision of the institution's personnel. Unless the work is for other departments of the government the full normal wages for such work shall be paid to the administration by the persons to whom the labour is supplied, account being taken of the output of the prisoners.

 

74. (1) The precautions laid down to protect the safety and health of free workmen shall be equally observed in institutions.

 

(2) Provision shall be made to indemnify prisoners against industrial injury, including occupational disease, on terms not less favourable than those extended by law to free workmen.

 

75. (1) The maximum daily and weekly working hours of the prisoners shall be fixed by law or by administrative regulation, taking into account local rules or custom in regard to the employment of free workmen.

 

(2) The hours so fixed shall leave one rest day a week and sufficient time for education and other activities required as part of the treatment and rehabilitation of the prisoners.

 

76. (1) There shall be a system of equitable remuneration of the work of prisoners.

 

(2) Under the system prisoners shall be allowed to spend at least a part of their earnings on approved articles for their own use and to send a part of their earnings to their family.

 

(3) The system should also provide that a part of the earnings should be set aside by the administration so as to constitute a savings fund to be handed over to the prisoner on his release.

 

Education and recreation

 

77. (1) Provision shall be made for the further education of all prisoners capable of profiting thereby, including religious instruction in the countries where this is possible. The education of illiterates and young prisoners shall be compulsory and special attention shall be paid to it by the administration.

 

(2) So far as practicable, the education of prisoners shall be integrated with the educational system of the country so that after their release they may continue their education without difficulty.

 

78. Recreational and cultural activities shall be provided in all institutions for the benefit of the mental and physical health of prisoners.

 

Social relations and after-care

 

79. Special attention shall be paid to the maintenance and improvement of such relations between a prisoner and his family as are desirable in the best interests of both.

 

80. From the beginning of a prisoner's sentence consideration shall be given to his future after release and he shall be encouraged and assisted to maintain or establish such relations with persons or agencies outside the institution as may promote the best interests of his family and his own social rehabilitation.

 

81. (1) Services and agencies, governmental or otherwise, which assist released prisoners to re-establish themselves in society shall ensure, so far as is possible and necessary, that released prisoners be provided with appropriate documents and identification papers, have suitable s and work to go to, are suitably and adequately clothed having regard to the climate and season, and have sufficient means to reach their destination and maintain themselves in the period immediately following their release.

 

(2) The approved representatives of such agencies shall have all necessary access to the institution and to prisoners and shall be taken into consultation as to the future of a prisoner from the beginning of his sentence.

 

(3) It is desirable that the activities of such agencies shall be centralized or co-ordinated as far as possible in order to secure the best use of their efforts.

 

B. Insane and mentally abnormal prisoners

 

82. (1) Persons who are found to be insane shall not be detained in prisons and arrangements shall be made to remove them to mental institutions as soon as possible.

 

(2) Prisoners who suffer from other mental diseases or abnormalities shall be observed and treated in specialized institutions under medical management.

 

(3) During their stay in a prison, such prisoners shall be placed under the special supervision of a medical officer.

 

(4) The medical or psychiatric service of the penal institutions shall provide for the psychiatric treatment of all other prisoners who are in need of such treatment.

 

83. It is desirable that steps should be taken, by arrangement with the appropriate agencies, to ensure if necessary the continuation of psychiatric treatment after release and the provision of social-psychiatric after-care.

 

C. Prisoners under arrest or awaiting trial

 

84. (1) Persons arrested or imprisoned by reason of a criminal charge against them, who are detained either in police custody or in prison custody (jail) but have not yet been tried and sentenced, will be referred to as "untried prisoners" hereinafter in these rules.

 

(2) Unconvicted prisoners are presumed to be innocent and shall be treated as such.

 

(3) Without prejudice to legal rules for the protection of individual liberty or prescribing the procedure to be observed in respect of untried prisoners, these prisoners shall benefit by a special regime which is described in the following rules in its essential requirements only.

 

85. (1) Untried prisoners shall be kept separate from convicted prisoners.

 

(2) Young untried prisoners shall be kept separate from adults and shall in principle be detained in separate institutions.

 

86. Untried prisoners shall sleep singly in separate rooms, with the reservation of different local custom in respect of the climate.

 

87. Within the limits compatible with the good order of the institution, untried prisoners may, if they so desire, have their food procured at their own expense from the outside, either through the administration or through their family or friends. Otherwise, the administration shall provide their food.

 

88. (1) An untried prisoner shall be allowed to wear his own clothing if it is clean and suitable.

 

(2) If he wears prison dress, it shall be different from that supplied to convicted prisoners.

 

89. An untried prisoner shall always be offered opportunity to work, but shall not be required to work. If he chooses to work, he shall be paid for it.

 

90. An untried prisoner shall be allowed to procure at his own expense or at the expense of a third party such books, newspapers, writing materials and other means of occupation as are compatible with the interests of the administration of justice and the security and good order of the institution.

 

91. An untried prisoner shall be allowed to be visited and treated by his own doctor or dentist if there is reasonable ground for his application and he is able to pay any expenses incurred.

 

92. An untried prisoner shall be allowed to inform immediately his family of his detention and shall be given all reasonable facilities for communicating with his family and friends, and for receiving visits from them, subject only to restrictions and supervision as are necessary in the interests of the administration of justice and of the security and good order of the institution.

 

93. For the purposes of his defence, an untried prisoner shall be allowed to apply for free legal aid where such aid is available, and to receive visits from his legal adviser with a view to his defence and to prepare and hand to him confidential instructions. For these purposes, he shall if he so desires be supplied with writing material. Interviews between the prisoner and his legal adviser may be within sight but not within the hearing of a police or institution official.

 

D. Civil prisoners

 

94. In countries where the law permits imprisonment for debt, or by order of a court under any other non-criminal process, persons so imprisoned shall not be subjected to any greater restriction or severity than is necessary to ensure safe custody and good order. Their treatment shall be not less favourable than that of untried prisoners, with the reservation, however, that they may possibly be required to work.

 

E. Persons arrested or detained without charge

 

95. Without prejudice to the provisions of article 9 of the International Covenant on Civil and Political Rights, persons arrested or imprisoned without charge shall be accorded the same protection as that accorded under part I and part II, section C. Relevant provisions of part II, section A, shall likewise be applicable where their application may be conducive to the benefit of this special group of persons in custody, provided that no measures shall be taken implying that re-education or rehabilitation is in any way appropriate to persons not convicted of any criminal offence.  

 

 

Custodial Torture And Its Remedies

By  Rukmani Seth

“Torture is wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is no way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone, paralysing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself”.-Adriana P. Bartow

 

Custodial torture ranging from assault of various types to death by the police for extortion of confessions and imputation of evidence are not uncommon. Such a method of investigation and detection of a crime, in the backdrop of expanding idea of ‘humane’ administration of criminal justice, not only disregards human rights of an individual and thereby undermines his dignity but also exposes him to unwarranted violence and torture by those who are expected to ‘protect’ him.[1]

In India where rule of law is inherent in each and every action and right to life and liberty is prized fundamental right adorning highest place amongst all important fundamental rights, instances of torture and using third degree methods upon suspects during illegal detention and police remand casts a slur on the very system of administration.[2] Human rights take a back seat in this depressing scenario. Torture in custody is at present treated as an inevitable part of investigation. Investigators retain the wrong notion that if enough pressure is applied then the accused will confess.[3] The former Supreme Court judge, V.R. Krishna Iyer, has said that custodial torture is worse than terrorism because the authority of the State is behind it.[4]

 

It is a paradox that torture continues to exist in India. This is because India is a liberal democracy with very clearly articulated constitutional and statutory provisions against torture that are constantly being developed and monitored by a strong and independent judiciary. This raises the question: how does torture continue to persist in India?[5]

 

The crudity of criminal investigation is often blamed on the crudity of resources: the lack of scientific equipment and professionally-trained persons to do the job properly. Although this is an element in the problem, it is not the central one. More important is the sheer impunity enjoyed by law enforcers. This impunity is allowed to flourish for want of laws criminalising and punishing custodial torture, and also due to corruption and the wanton degeneration of courts and other institutions for the maintenance of law in India. Where a torture victim must wait for years in hope that a judge may one day take up his/her case, while meanwhile the perpetrator is being promoted, the very concept of justice is undermined.

 

Custodial torture is universally held as one of the cruellest forms of human rights abuse. The Constitution of India, the Supreme Court, the National Human Rights Commission (NHRC) and the United Nations forbid it. But the police across the country defy these institutions. Therefore, there is a need to strike a balance between the individual human rights and societal interests in combating crime by using a realistic approach.[6]

Custodial Torture and Death-The Current Status:

 

The World Medical Association, in its Tokyo Declaration, 1975, defined "torture"[7] as

"the deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons, acting alone or on the orders of any authority to force another person to yield information, to make a confession or for any other reason".

 

Custodial torture, often known as extra-judicial executions has been on a rise in India especially between 2002 and 2007. According to Asian Centre for Human Rights, the nationwide figures are four custodial deaths per day.[8] There have been 7468 reported custodial deaths in this five year period. However, the severity of the torture in India is far worse than statistics suggest. This is because victims rarely report cases against the police due to fear of reprisals. More than half the cases of custodial torture are not even reported.[9]

 

While award of compensation in 684 cases of custodial violence was given by the National Human Rights Commission alone from 1994 to 2007, conviction of only seven police personnel in 2004 and 2005 took place as against these overwhelming figures of custodial torture and subsequent deaths. This has led to a deep concern among the authorities.[10]

 

The explanations for torture can be broadly discussed under categories such as role of media, colonial origins, and institutional weaknesses. Firstly, there is a strong sense that the media exaggerates the incidents of torture and creates a negative image of the police. Second, scholars contend that the current police still suffer from the impact of their colonial origins as a repressive instrument of the police raj (rule). As a result, the “police mindset is steeped into colonial era when the police were supposed to treat every Indian as an enemy of the state.”[11] Third, there is constant pressure on the police from all quarters including politicians and bureaucrats to show instant results.[12] The lack of adequate facilities and personnel for investigation and the extremely high case load with an inefficient supervisory structure also hinders the ability of the police to produce the results required of them, prompting them to take short cuts.[13] In addition, the lack of training in human rights is considered a primary reason why third degree torture continues to exist in India.

 

For instance, the recent cases of custodial killings reported from the state of Gujarat show a consistent and alarming pattern of tolerance of the use of torture by the government and promotion of it as if it is an essential element of law enforcement and investigation of crime. In Gujarat, the interrogation centres -- often torture chambers -- of the state police have been functioning in full public view. The suspects are brought in, kept in illegal detention and tortured as part of questioning and later killed and declared as killed in encounter. This procedure is public knowledge, yet no one dares to challenge it. Officers, right from the top are involved in this endeavour.

 

In a proceeding in the Supreme Court regarding this, the state government admitted in court that it was aware of the existence of the interrogation and torture centres. The government also admitted that in several cases the officers might have also killed the witnesses of arrest and detention in order to avoid questions at a later stage. The Gujarat experience, while being a shocking revelation of the state of policing in that state is also the proof that the public could be forced to silence, if the state so requires, by imparting fear.

 

Interrogation centers in India are run in the cover of prevention of terrorist activities. Interrogation centers are not limited to the state of Gujarat. In several other states like Uttar Pradesh, Madhya Pradesh, Uttaranchal, Chhattisgarh, Andhra Pradesh and Rajasthan the state governments run similar centres. In some states these centres are run in the name of anti-naxalite action.

 

In the state of Chhattisgarh for example, the naxalite and anti-naxalite activity has killed hundreds of innocent people. Use of brute force by the state and non-state actors irreparably destroys the social fabric. Besides promoting private armed groups, the state has also pressed into use questionable legislations like the Chhattisgarh Special Public Security Act, 2005. This statute is so loosely worded that anyone could be charged for a crime in this law. Many accepted legal norms in criminal law like non-retroactivity is negated in this statute.

 

Violence is used widely with impunity in the North-Eastern states. The state of Manipur in particular, is completely militarised. The paramilitary and the army detachments stationed in that state is notorious for the use of torture and violence as the only tool for investigation. Cases reported from Manipur, are mostly involving the armed forces, the Assam Rifles in particular.

 

Administrative neglect promoting the use of torture is misused by the police and other law enforcement agencies as an excuse for demanding bribe and for not doing their job according to the law. Continuing neglect by the government has also considerably reduced the morale of the law enforcement agencies. Rather than being considered as an essential state service police and other law enforcement agencies are viewed as state sponsored terror agencies mostly filled with criminals.

 

Remedies Against Custodial Torture:

There are two approaches with respect to the remedies provided for against custodial torture and subsequent death as well. These two approaches are – legal regime and judicial precedents. They can be explained as follows:

 

Legal Regime:

Constitutional Safeguards:

It has been held in a catena of judgements that just because a person is in police custody or detained or under arrest, does not deprive of him of his basic fundamental rights and its violation empowers the person to move the Supreme Court under Article 32 of the Constitution of India.[14] Detention does not deprive one of his fundamental rights.[15] They don’t flee the persons as he enters the prison although they may suffer shrinkage necessitated by incarceration.[16] However, the extent of shrinkage can and should never reach the stage of torture in custody of such a nature that the persons are reduced to a mere animal existence.

 

Article 20 of the Constitution of India:

Article 20 primarily gives a person the rights against conviction of offences. These include the principle of non-retroactivity of penal laws (Nullum crimen sine lege[17]) i.e. ex-post facto laws thereby making it a violation of the persons fundamental rights if attempts are made to convict him and torture him as per some statute. Article 20 also protects against double jeopardy (Nemo debet pro eadem causa bis vexari[18]). This Article most importantly protects a person from self-incrimination. The police subject a person to brutal and continuous torture to make him confess to a crime even if he has not committed the same.

 

Article 21 of the Constitution of India:

This article has been understood in the Indian judiciary to protect the right to be free from torture. This view is held because the right to life is more than a simple right to live an animalistic existence.[19] The expression "life or personal liberty" in Article 21 includes a guarantee against torture and assault even by the State and its functionaries to a person who is taken in custody and no sovereign immunity can be pleaded against the liability of the State arising due to such criminal use of force over the captive person.[20]

 

Article 22 of the Constitution of India:

Article 22 provides four basic fundamental rights with respect to conviction. These include being informed of the grounds of arrest, to be defended by a legal practitioner of his choice, preventive detention laws and production before the nearest Magistrate within 24 hours of arrest of the person. Thus, these provisions are designed to ensure that a person is not subjected to any ill-treatment that is devoid of statutory backing or surpasses prescribed excesses.

 

Other Statutory Safeguards:

Indian Evidence Act, 1872:

A confession to police officer cannot be proved as against a person accused of any offence (Sec. 25 Evidence Act) and confession caused by threats from a person in authority in order to avoid any evil of a temporal nature would be irrelevant in criminal proceedings as, inter-alia, provided in Sec. 24. Thus, even though custodial torture is not expressly prohibited by law in India, the evidence collected by illegal means, including torture is not accepted in courts.

 

Code of Criminal Procedure, 1973:

Sec. 46 and 49 of the Code protect those under custody from torture who are not accused of an offence punishable with death or imprisonment for life and also during escape. Sec. 50-56 are in consonance with Article 22. Sec. 54 of the Code is a provision that to a significant extent corresponds to any infliction of custodial torture and violence. According to it, when an allegation of ill-treatment is made by a person in custody, the Magistrate is then and there required to examine his body and shall place on record the result of his examination and reasons therefore.[21] It gives them the right to bring to the Court’s notice any torture or assault they may have been subjected to and have themselves examined by a medical practitioner on their own request.[22] A compensatory mechanism has also been used by courts.[23] When the Magistrate does not follow procedure with respect to entertaining complaint of custodial torture, it calls for interference by the High Court under Sec. 482 of the Code.[24]

 

Another significant provision with respect to custodial torture leading to deaths is Sec. 176 of the Code where a compulsory magisterial inquiry is to take place on death of an accused caused in police custody. Sections 167 and 309 of the Code have the object of bringing the accused persons before the court and so safeguard their rights and interests as the detention is under their authorisation.[25]

 

Indian Police Act:

Sections 7 and 29 of the Act provide for dismissal, penalty or suspension of police officers who are negligent in the discharge of their duties or unfit to perform the same. This can be seen in the light of the police officers violating various constitutional and statutory safeguards along with guidelines given in D.K Basu v. State of West Bengal.[26]

 

Indian Penal Code (IPC), 1860:

After the controversial Mathura Rape case[27], an amendment was brought about in Sec. 376 of the IPC. Sec. 376(1)(b) penalises custodial rape committed by police officers. This was a welcome change made to the section in question as it finally condemns the acts of police officers who take advantage of their authority.

 

Sections 330, 331, 342 and 348 of the IPC have ostensibly been designed to deter a police officer, who is empowered to arrest a person and to interrogate him during investigation of an offence from resorting to third degree methods causing ‘torture’.[28]

Judicial Precedents:

 

The Supreme Court is heralded as a beacon of rights against torture. Indeed, since the 1990s, the Supreme Court has come up with two innovative ways of dealing with custodial torture and custodial death cases namely, the right to compensation for custodial death and torture and the formulation of custody jurisprudence.

 

The case of Sheela Barse v. State of Maharashtra[29] has provided for guidelines on rights of the arrested persons especially women. The court in this case also emphasised on the need for Magistrates to inform all arrested persons of their rights. Guidelines were also given by the Supreme Court in D.K Basu v. State of West Bengal with respect to rights of arrested persons. The most significant one being the arrestee should be subjected to medical examination every 48 hours during his detention by a doctor from the approved panel of doctors and copies of all prescribed documents should be sent to the concerned Magistrates. Also, the arrestee may be permitted to meet his lawyer during interrogation.

 

Other Authorities:

It has been recommended in the 177th Law Commission Report by the 16th Law Commission that requisite amendments should be brought about in the Code of Criminal Procedure making it the duty of the police officers in whose custody there are arrested persons that they should ensure their safety and holding them responsible for failure of the same. Thirty years hence, this amendment has still not been incorporated. The presence of an advocate during interrogation of the arrested person is also a recommendation that has been made. The 185th Law Commission Report also makes recommendation regarding rights of arrested persons with respect to the Indian Evidence Act, 1872 which are with respect to s. 27. The Malimath Committee Report has also emphasised on the need for codification of the rights of the arrested persons.[30]

 

Despite the above, the abominable figures regarding custodial torture have still not improved. One very simple reason behind this could be that persons who are supposed to protect people are themselves the wrongdoers. The criminal justice system in India is supposed to use the reformist approach; however, the approach is such that animals get better treatment.

 

Conclusion:

The very ideas of a human being in custody save for protection and nurturing is an anathema to human existence. The word custody implies guardianship and protective care. Even when applied to indicate arrest or incarceration, it does not carry any sinister symptoms of violence during custody.

 

In a complaint of custodial torture, the court should not adopt a casual approach to it on the ground that it has been made by a habitual offender.[31] It is a perennial problem of statecraft.[32] It therefore, becomes imperative to evolve a system of state governance that allows the police to effectively maintain law and order and to prevent and detect the commission of a crime without jeopardizing legal rights; privileges and claims of laymen. Such a system obviously warrants appropriate control over the police in order to discourage them from exercising their power in a capricious manner. Similarly, an effective institutional grievance-redressal mechanism to vindicate ‘police excesses’ is also the need of the hour.[33]

As held by the Supreme Court, "custodial torture" is a naked violation of human dignity and a degradation which destroys, to a very large extent human personality.

 

First, custodial torture must be made a crime. This could be brought in by way of a special law. Secondly, many cases of custodial torture could be prevented if law-enforcing agencies followed the existing laws relating to arrest and detention. The rules established by the Supreme Court--though not a complete remedy--should be applied without failure. Those who fail to comply must be prosecuted.

 

Thirdly, the public--and especially concerned professional groups, including rights groups and the media--must closely monitor police practices to see that government promises are upheld. The political opposition must also see to it that the Director General of Police submits a report to the legislative assembly, and an investigative report, on every case of custodial death and torture.

 

Fourthly, the central government should be urged to ratify the UN Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The government has failed to ratify the treaty on spurious grounds that existing laws are good enough to prevent custodial torture which is evidently not the case. Were that the case, 60 years after independence and despite numerous concerns and guidelines issued by courts all over India, torture would not persist unabated as it does today.

 

10 legal rights that women should know

Gopi Shah|

 

We live in a shady and messed up world, where life of a person is taken away by a loved one, where goddesses are worshipped while women (of any age) are maimed and harassed. The only way out to keep an eye on such horrific happenings is to make laws and rules stricter to keep a check on the horrendous crimes.

Having laws doesn't suffice when they are broken. Most people are unaware of their legal 
rights until they hire a legal firm for their problems. Merely a handful of them would say, 'Yes, we know' to this and most of them are not women. So, to help women know their rights and to help them fight back, here are 10 legal rights that they should know.

Right to free aid
When a woman goes to the police station without being accompanied by a lawyer she is either quoted wrong, ignored or humiliated for her statements. She should be aware of the fact that she has a right to get the legal aid and that she should demand for it. "According to a Delhi High Court ruling, whenever a rape is reported, the senior house officer has to bring this to the notice of the Delhi Legal Services Authority. The legal body then arranges for a lawyer for the victim," says Saumya Bhaumik, a women rights lawyer.

Right to privacy
A woman who has been raped has a right to record her statement in private, in front of the magistrate without being overheard by anyone else. She also has a freedom to record her statement with a lady constable or a police officer in personal. Under section 164 of the Criminal Procedure Code, the cops will have to give the privacy to the victim without stressing her in front of masses.

Right to untimely registration
There are many reasons as to why a woman would postpone going to the police to lodge a complaint. She considers her reputation, dignity of the family and threats from the culprit to take her life away. Police in any way cannot say no to register her complaint, no matter if it's too late to register. The self-respect of women comes before anything else. She cannot be denied of anything.

Right to virtual complaints
According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can't go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement.

Right to Zero FIR
A rape victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. "Sometimes, the police station under which the incident occurs refuses to register the victim's complaint in order to keep clear of responsibility, and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR," says Abeed. This is a Supreme Court ruling that not many women are aware of, so don't let the SHO of a police station send you away saying it "doesn't come under his area".

Right to no arrest
According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. "Even if there is a woman constable accompanying the officers, the police can't arrest a woman at night. In case the woman has committed a serious crime, the police requires to get it in writing from the magistrate explaining why the arrest is necessary during the night," says Bhaumik.

Right to not being called to the police station
Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. "The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends," says Abeed. So, the next time you're called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

 

Right to confidentiality


Under no circumstances can the identity of a rape victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim's identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimization or ostracism of the victim of a sexual offense. Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as 'victim' in the judgment.

 


Right towards crime and not a medical condition


A case of rape can't be dismissed even if the doctor says that rape has not taken place. A victim of rape needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. "A woman has the right to have a copy of the medical report from the doctor. Rape is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and the doctor can't decide on this," explains Bhaumik.

 


Right to no sexual harassment


It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organization for complaints. According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprise of 50% women, as members. Also, one of the members should be from a women's welfare group.

 

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Posted by naghrw at 1:16 AM
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Monday, 6 February 2017
PIL - Cancel Judge's Salary Hike
Topic: human rights , media

S.O.S   e - Voice For Justice - e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.06........11 / 02 / 2017

 

PIL –  Cancel  Proposed  Judge’s  Salary Hike

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

 

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

 

NAGARAJA . M.R

 

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

.

....Petitioner

 

Versus

 

Honourable  Chief Justice of India    & Others

 

....Respondents

 

 

 

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

 

 

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India.

 

 

 

The Humble petition of the   Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

a. Every human being , every Indian citizen  are equal  and guaranteed  equitable justice  as  their  human right and  Constitutional right.

 

b. In india  mafia of powers that be  and government  ensure  that  cases drag on for years , so that  poor litigant  either dies before  judgement day  or  opts out in  the middle.  Due to this delaying tactics  ,  many poor people  rather suffer injustice  instead of seeking justice in courts.  Mafia  indirectly forces  them  to  keep away from litigation.

 

c. Due to  occupation induced health problems  my health is deteriorating day by day , some of the  PILs concerning national security , public welfare   I  have  filed are  two decades old , still no justice in sight. Judges   not even  admitted the cases.

 

d. Actual working hours , working days for judges  are  less in india. Too many case adjournments ,  less number of judges , too many  holidays for  judges like  summer vacation , winter vacation , working hours less than 8 hours per day , etc.

 

e. Judges  work  less  but  enjoy  5 star  pay & perks at public expense.

 

f. Due  to  denial of justice  common people suffer injustice for more time or till  their death. Say  some falsely implicated persons  suffer in jail for years till their acquittal by  courts , some petty criminals  whose  crime  attracts  one year imprisonment   suffers in jail for  ten years. Because they are not well connected , cann’t afford  hi fi  advocates , bail fees.

 

g. Due  to  lethargic  judiciary  , some land  acquisition cases    drag on for years   land  looser  suffers  also  the   project  cost   escalates  by  hundreds  thousands  of  crores  of  rupees.

 

h. The lethargic  Judiciary  in  India  itself  is the biggest violator  of  common man’s  human rights , fundamental rights. It is the culprit responsible for  loss of thousands of crores of rupees to public exchequer   due  to  project  cost  escalations.

 

i. when  a common  man’s  human rights , human rights   is  violated  in  the  form  of  delaying  tactics  by court  of  law  , judiciary  , the presiding judge becomes a criminal  and liable to pay damages to the aggrieved.

 

j. The central government  and  state government  yearly  spend  thousands of  crores of rupees  unnecessarily  like  purchasing  new cars  for  ministers , renovation , interior  decorations  of  minister’s  bungalows ,  foreign jaunts , etc. These are  all not  priority one  spending. Out  of  these  spending   how many  more  judges  could be appointed , paid salaries.

 

k. when  compared to  project  cost  escalations  of  thousands of  crores  of rupees  caused  due  to  case delays  , is it not wise  on the part of government to  appoint  requisite number of judges  with  additional budget burden of  few  crores  of  rupees.

 

l. Both  central  and  state governments  are  the biggest  litigants  in the country.

 

m. Government is manipulating  judicial process by  denying finance  to  appoint more judges , to create more court infrastructures.

 

n. We common people are  imposed  with time limits  to mandatorily comply with,  in our interactions with other public , with government authorities , with courts itself. For our failures we common people are penalized.

 

0. Paradoxically , there is no mandatory  time limits  for judges , public servants to finish  specific works concerning public. In most of the cases they adopt delaying tactics  , deny justice still they  are not penalized and  don’t  pay any compensation to the aggrieved public.

 

p. Due  to delaying tactics  of judges , many  anti national crimes , terror attacks took place  and still continuing  which could have been  well averted in time  if judges  took timely action. For helping  mafia  by  the way of delayed  justice , mafia rewards some of those judges with post retirement postings , promotions , site allotments , etc.

 

q. The Judiciary has the right , authority , power to order  government  to  allocate finance for  appointing judges , setting up court  infrastructure. If the  government  gives   ruse  of  no  money  in it’s account , courts can  definitely monitor  spending of government , cut down on  waste , non-priority spending of government , divert such money for  appointment of judges , court infrastructure development. No  need  for  CJI  to  weep before prime minister.  Judges  themselves  never  consider  the sufferings  of  weeping  litigants.  It shows the weakness  of  CJI and  a shame to our nation.

r. Our Indian Judges are  on the verge of getting   approximately  300%  salary hike now , while common people are suffering  and  duty performance of judges  is below average.

 

We  once again appeal to Honourable CJI , Supreme Court of India  to take  action  on the following PILs  ,  to answer the show cause notice  and to order the concerned public servants  to answer RTI questions.  The officials of  SCI don’t even have  etiquette , decorum to reply to our letters. Some of  my  appeals  are  two decades old.

 

     Remember  the basic fact  you are all enjoying 5 star pay , perks  at the expense of public and owe your duty to public.  Are  not  judges  drawing  huge  salaries , 5 star  pay , perks on time without fail ,  on 01st of every month? Have they forgotten to take salary in 25 years , but they keep cases pending for  20 - 25  years.  CJI   weeping   before   Prime Minister shows the weakness of  the judiciary & a shame to the nation.  Judges  never consider  sufferings of  weeping  litigants in cases.   Judges themselves are responsible for  long pending cases.

 

   Don’t  refer  the case  to police as they don’t  have power , authority to enquire high & mighty people , judges  &  previously they have failed  and  the case  is  to subject  some police officials , judges themselves to enquiry. Referring the case to police  is nothing but attempt to bury the truth , only  supreme court monitored  transparent enquiry by CBI  is right.

 

   Delaying  tactics of  judges is only  helping the criminals , anti nationals and terrorists. Please  refer  below mentioned  sample cases  of  Justice delayed for years to innocents , sufferings  of their family members. No judges , police are bothered. Are not the the respective judges , police  guilty of defaming those innocent persons , spoiling their livelihood , gross violation of their civil rights ? why not those guilty judges , police are paying compensation to victims of their wrong actions ?  But  the very same  guilty judges , police are  SHAMELESSLY  enjoying  5 star pay perks from public exchequer  for  decades.

 

  Bail system , Parole system are in favour of rich crooks in india , cases of rich crooks move at faster  pace  wheeas the cases of poor which are although older still continues. Judiciary , it’s system are biased. Consider the  sample cases of sanjay dutt , salman khan , jayalaita. Our judges , Police  don’t have spine to  enforce rule of law on rich crooks , while they put full  force , might on poor innocents.

 

 

 

If  anything untoward happens to me or  to my dependents Chief Justice of India  together with jurisdiction police &  District Collector  will be responsible for it.

 

 

 

Rot in judiciary is decades old. Honourable CJI sir , weeping is not right constitution of india has given you  the authority , TAKE ACTION DO YOUR DUTY.  People , History will remember you forever with respect. Anyway you are getting very good 5 star pay & perks , will also get decent pension after retirement from government. First  forget about post retirement  postings , discretionary allotment of sites , etc from government then you can work fearlessly. Both central & state governments are  biggest litigants in the country , IAS babus make wrong application , interpretation of laws  leading to litigations. Start by clearing the rotten eggs within the judiciary. When judiciary & police  in a country strictly uphold law , work impartially that country  surpasses even heaven.

 

Do remember on the D Day , in the   Court of Almighty  everybody CJI , Judges , prime ministers , common man alike  has to bow his head. In who’s  court there is no match fixing , no techinicalities , no vociferous hi fi advocates , no bias based on caste , religion , region , community , etc , only  straight simple account of wrongs & rights. Guess  his judgement in your case. GOD  BLESS US  ALL.

 

 

 

2. Question(s) of Law:

 

Is it right for  judges  to deny  justice . is it right on the part of judges to delay justice  under various ruses to common man , violate their human rights , fundamental rights.

 

3. Grounds:

Requests for equitable justice , Prosecution of  judges , police , public servants   responsible for  case delays.

 

 

4. Averment:

 

Please read details at :

 

Honourable Chief Justice of India TAKE ACTION

 

https://sites.google.com/site/eclarionofdalit/honourable-cji-take-action ,

 

https://www.scribd.com/doc/312858947/Honourable-CJI-Take-Action

 

 

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

 

 

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth  crores  of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

 

PRAYER:

In the above premises, it is prayed that this Hon'ble Court may be pleased:

 

 

a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants ,  Tax Authorities , Law Enforcement  Agencies , RBI authorities  in the following cases to perform their duties & to answer the below  RTI  questions.

 

b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

 

c. To legally prosecute responsible , concerned    judges , police & public servants.

 

d. To cancel  winter , summer vacation holidays for  judges.

 

e. To  bring down  the holidays  of courts  per year  to twelve on the lines of industrial establishments.

 

f. To make  it mandatory for judges to  conduct  court hearings  for  8  hours per day.

 

g. To  bring  down unnecessary court adjournments.

 

h. to reserve  precious  court timings  only for  arguments  , cross examination of litigants , witnesses.

 

i. to  use information  technology , internet  for  issue  of  notices , summons and  litigants  submitting  documents , applications  instead of wasting court  time.

 

j. to introduce  working of courts on shift basis  in the same infrastructure.

 

k. to   appoint  retired judges  immediately to bring down  gaps in judges requirement.

 

l. to  order  the biggest  litigant  government of india and all state governments   to  frame  laws  strictly  in  accordance   with  constitution.

 

m. to order  governments  to  give  proper training for public servants , IAS officers , KAS officers , others   about  law of the land.

 

o. to make  specific public servants  personally responsible for wrong  applications  of law  while  discharging their duties  and  to  make them pay  compensation from their personal pockets.

 

p. to  order Chief Justice of India to  pay compensation  of Rupees TWO  CRORES  to Nagaraja Mysuru Raghupathi editor  SOS e Clarion of Dalit & SOS e Voice for Justice , towards the damages he has suffered  due to delayed justice.

 

q. to order the respective judges , police in all cases of case delays more specifically in the below mentioned cases to  pay compensation to innocent victims. Make a guideline for compensation payment. Legally prosecute guilty judges , police.

 

r. to frame a guideline for bail & parole procedure. When it is violated by judges , police , jail authorities , other public servants order them to pay compensation  and legally prosecute guilty judges , police , jail officials.

s. to  immediately  put on hold   proposed salary hike to judges and to cancel it subsequently.

 

 

 

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

 

 

Dated : 06.02.2017……… ………………….FILED BY: NAGARAJA.M.R.

 

Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON

 

 

 

 


 

Editorial : Justice  Delayed & Denied


Government Job Maxim

a.       “Two punch one lunch ( work ) ?”

b.      “Government  Job is God’s work. So officials are waiting for god to do his own work !!!”


Judges , Police and  other public servants  responsible  for  delay in justice under one pretext or the other  ( while they shamelessly draw lakhs of rupees pay & perks from public exchequer for themselves ) are totally responsible for :


1.       Destruction of evidences , records , witnesses.

2.       Time bar of case.

3.       For giving free reigns to criminals to  continue with crimes.

4.       Concerned Judges , Police &  other government officials fully liable to pay  compensation from their personal pockets   to the aggrieved  towards  losses due to delayed justice.

 

Hoping  duty consciousness will dawn on our public servants.

 

Your’s

Nagaraja Mysuru raghupathi


Salary of Chief Justice of India Rupees  100000 per month & salary of  supreme court judge  Rupees 90000 per month plus  5 star heritage bungalow , 5 star air / train travel , 5 star health care facility , etc  all at tax payers expense

 

Hunger Deaths Malnutrition Deaths Poverty  Earning  Less than Rupees 32 per day

 

Honest  Hard Working Child Laborers Earning Less Than Rupees 32 per day

Corrupt Dishonest Criminal Public Servants Earning More than Rupees 5000 per day  Murderers of Justice

 

After 8 Years, Judges To Get A Huge Pay Hike – Close To 300 Per Cent

 

The judges of the Supreme Court and High Court will soon receive a huge pay hike. The Chief Justice of India TS Thakur has written to the government, forwarding a judges’ committee report which recommended a hike of over 300% including pension and perks.

Finance minister Arun Jaitley has agreed with most of the recommendations, sources said. A cabinet note is being prepared, which after formal clearance, will go to parliament.

The salaries of the judges were last hiked eight years ago. But the implementation of the new hike can take time as the hikes of lawmakers – current and former – the President and the Vice-President are still pending.

At present, the Chief Justice of India gets a salary of Rs. 1 lakh. Against the judges’ committee recommendation to hike his salary by Rs. 3 lakh, the government has agreed to hike it by Rs. 2.8 lakh.

For Supreme Court judges, the present salary is Rs. 90,000. The judges’ committee recommended a pay hike of Rs. 2.8 lakh and the government has agreed to an increase of Rs. 2.5 lakh.

The salary of High Court judges will increase from Rs. 80,000 to Rs. 2.25 lakh against the recommendation of Rs. 2.5 lakh.

The government has not agreed to an increase of house rent allowance, since a committee is already looking into the issue following the 7th pay commission recommendations.

Under the pay commission recommendations, they get a steep hike in funds for furnishing their houses. It ranges from Rs. 10 lakh for the Chief Justice of India to 6 lakh for judges of High Court and 1,500 free phone calls. The judges will continue to get free water up to 36 kilo liters and free power of 10,000 units.

The pensions of the judges will be hiked as well. The Chief Justice of India will get Rs. 16,80,000 plus dearness allowance, the Supreme Court judges Rs. 15 lakh plus dearness allowance and High Court judges Rs. 13.5 lakh plus dearness allowance a year. Their gratuity would be doubled to Rs. 20 lakh.

 

 

Millions spent on flying Supreme Court judges abroad

December 4th, 2008

 

The high priests of India’s highest judiciary appear to have a fondness for flying high, suggests a Supreme Court account of foreign jaunts undertaken by its judges.According to information divulged by the apex court under the Right To Information (RTI) act, present Chief Justice K.G. Balakrishnan undertook 12 foreign jaunts from 2005 till now, costing the public exchequer a whopping Rs.7.53 million (Rs.75.3 lakh) on airfares alone.

Nine of these trips were taken after he became chief justice in January 2007 and three while he was a Supreme Court judge.

This amount does not take into account other expenses like boarding, the justice department said in its reply to RTI activist Dev Ashish Bhattacharya.

“The department has given me the record of last five financial years only of airfares borne by the government. But they have kept mum about other expenditures incurred by the judges during their visits abroad,” Bhattacharya said, adding that if the accounts were audited then it should not be difficult to provide details of other expenses as well.

The various countries visited by Balakrishnan as part of his “official duty” are the US, Britain, Canada, Hong Kong, France, South Africa, the United Arab Emirates, China and the Philippines. He visited Britain four times and Canada twice.

His wife accompanied him nine times in the 12 tours, which sometimes clubbed together two or more countries.

The apex court’s detailed account of expenses incurred on the judges’ official tours abroad since 2003 reveals that Balakrishnan’s foreign jaunts have proved to be the costliest.

The airfares of all the foreign jaunts made by his predecessor Y.K. Sabharwal amounted to Rs.3.65 million (Rs.36 lakh). During his tenure as an apex court judge between January 2000 and October 2005 and later as chief justice of India January 2007, Sabharwal went abroad 10 times.

The chief justice before him, R.C. Lahoti, went abroad six times and the airfares alone cost the exchequer Rs.2.78 million (Rs.27.8 lakh). His wife accompanied him in all his official visits abroad.

Interestingly, not all judges have been so extravagant.

For instance, Justice Dalveer Bhandari’s trip to Nepal in March 2006 cost just Rs.11,569.

In an intriguing instance, three judges, including Balakrishnan, gave highly divergent amounts for a single tour to Britain to take part in the seventh Worldwide Common Law Judiciary Conference in London from April 29 to May 3, 2007.

While Balakrishnan was accompanied by his wife and personal secretary, the other two judges, Ashok Bhan and Arijit Pasayat, also took their spouses along.

At the end — Bhan billed the government Rs.670,976, Pasayat Rs.347,656 and Balakrishnan Rs.430,031.

“I had categorically asked the department to tell me whether taking spouses on official tours on government expense was permitted. However, I got no response on this query,” Bhattacharya said.

 

Stop the Colonial Practice of Long Vacations for Courts ; CJAR

 

The Campaign for Judicial Accountability and Reforms has issued a statement suggesting various steps to be taken to improve the efficiency of the Court. The statement issued by its convenor Prashant Bhushan suggested that the Courts to increase the judicial time to litigants, especially to those who have been languishing in jails without recourse to a speedy trial.

Here is the Full text of the Statement The problem of judicial delays has recently gained public attention in light of the impassioned appeal by the Chief Justice of India to the Government, at the Joint Conference of Chief Ministers and Chief Justices on 24 April 2016, to increase the strength of judges and clear all pending files relating to judicial appointments. The Chief Justice of India also appealed to all relevant stakeholders in the judicial system to work together towards making the system more efficient. He also implored all duty holders to consider cutting down on vacation time and use the additional time to clear long pending cases. These appeals need to be viewed in the context of a situation in which millions of under trials languish in jails across the country and lakhs of civil litigants are waiting endlessly for justice.

Closing down the courts for extended periods of time during the long summer months is a vestige of colonial India. There is no justification in a modern democracy to retain the colonial practice of long vacations for courts. Judicial officers should get service benefits, including leave and vacation benefits, similar to what other public service officials of comparable seniority get. There has been an almost unanimous decision by the judges of the Allahabad High Court to cut short their summer break, to conduct special hearings to clear long pending criminal matters and thereby address the staggering backlog of cases. The Chief Justice of the Madhya Pradesh High Court has written a letter appealing to the members of the Bar, to follow course and cut short vacation time, as well as work on Saturdays.

These are positive voluntary steps which need to be institutionalised and implemented for all courts in India. There have also been welcome news reports of retired judges being reappointed on an ad-hoc basis to tide over the current shortfall in the number of judges. Compulsory video recording of proceedings of all courts is another step which will help ensure that judicial time is not wasted, besides having several other valuable benefits for litigants and justice dispensation and should also be implemented immediately. CJAR strongly supports steps towards increasing the judicial time available to litigants, especially to those who have been languishing in jails without recourse to a speedy trial.  CJAR demands that the Supreme Court and other High Courts in the country follow the example set by the Allahabad and Madhya Pradesh High Courts, do away with vacations where the entire court is closed and increase court time.

This will also help address the problems of judicial delays in this country. CJAR applauds and supports the decision of Chief Justice of India to appoint ad-hoc judges, thereby drawing on a pool of available, competent judges, to tide over the judicial backlog.  CJAR demands that proceedings of all courts be video recorded – a step which will not only cut down on delays but will also have other salutary effects. Other administrative reforms such as appointment of court managers, pre-trial conferences, using Information Communication Technology for notices, etc., also need to be institutionalised and these steps if taken, will certainly lead to increasing the efficiency of court processes in the long term.

PIL –   Justice  Denied

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable  Chief Justice of India    & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India.

 

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
a. Every human being , every Indian citizen  are equal  and guaranteed  equitable justice  as  their  human right and  Constitutional right.

b. In india  mafia of powers that be  and government  ensure  that  cases drag on for years , so that  poor litigant  either dies before  judgement day  or  opts out in  the middle.  Due to this delaying tactics  ,  many poor people  rather suffer injustice  instead of seeking justice in courts.  Mafia  indirectly forces  them  to  keep away from litigation.

c. Due to  occupation induced health problems  my health is deteriorating day by day , some of the  PILs concerning national security , public welfare   I  have  filed are  two decades old , still no justice in sight. Judges   not even  admitted the cases.

d. Actual working hours , working days for judges  are  less in india. Too many case adjournments ,  less number of judges , too many  holidays for  judges like  summer vacation , winter vacation , working hours less than 8 hours per day , etc.

e. Judges  work  less  but  enjoy  5 star  pay & perks at public expense.

f. Due  to  denial of justice  common people suffer injustice for more time or till  their death. Say  some falsely implicated persons  suffer in jail for years till their acquittal by  courts , some petty criminals  whose  crime  attracts  one year imprisonment   suffers in jail for  ten years. Because they are not well connected , cann’t afford  hi fi  advocates , bail fees.

g. Due  to  lethargic  judiciary  , some land  acquisition cases    drag on for years   land  looser  suffers  also  the   project  cost   escalates  by  hundreds  thousands  of  crores  of  rupees.

h. The lethargic  Judiciary  in  India  itself  is the biggest violator  of  common man’s  human rights , fundamental rights. It is the culprit responsible for  loss of thousands of crores of rupees to public exchequer   due  to  project  cost  escalations.

i. when  a common  man’s  human rights , human rights   is  violated  in  the  form  of  delaying  tactics  by court  of  law  , judiciary  , the presiding judge becomes a criminal  and liable to pay damages to the aggrieved.

j. The central government  and  state government  yearly  spend  thousands of  crores of rupees  unnecessarily  like  purchasing  new cars  for  ministers , renovation , interior  decorations  of  minister’s  bungalows ,  foreign jaunts , etc. These are  all not  priority one  spending. Out  of  these  spending   how many  more  judges  could be appointed , paid salaries.

k. when  compared to  project  cost  escalations  of  thousands of  crores  of rupees  caused  due  to  case delays  , is it not wise  on the part of government to  appoint  requisite number of judges  with  additional budget burden of  few  crores  of  rupees.

l. Both  central  and  state governments  are  the biggest  litigants  in the country.

m. Government is manipulating  judicial process by  denying finance  to  appoint more judges , to create more court infrastructures.

n. We common people are  imposed  with time limits  to mandatorily comply with,  in our interactions with other public , with government authorities , with courts itself. For our failures we common people are penalized.

0. Paradoxically , there is no mandatory  time limits  for judges , public servants to finish  specific works concerning public. In most of the cases they adopt delaying tactics  , deny justice still they  are not penalized and  don’t  pay any compensation to the aggrieved public.

p. Due  to delaying tactics  of judges , many  anti national crimes , terror attacks took place  and still continuing  which could have been  well averted in time  if judges  took timely action. For helping  mafia  by  the way of delayed  justice , mafia rewards some of those judges with post retirement postings , promotions , site allotments , etc.

q. The Judiciary has the right , authority , power to order  government  to  allocate finance for  appointing judges , setting up court  infrastructure. If the  government  gives   ruse  of  no  money  in it’s account , courts can  definitely monitor  spending of government , cut down on  waste , non-priority spending of government , divert such money for  appointment of judges , court infrastructure development. No  need  for  CJI  to  weep before prime minister.  Judges  themselves  never  consider  the sufferings  of  weeping  litigants.  It shows the weakness  of  CJI and  a shame to our nation.

2. Question(s) of Law:

Is it right for  judges  to deny  justice . is it right on the part of judges to delay justice  under various ruses to common man , violate their human rights , fundamental rights.

3. Grounds:
Requests for equitable justice , Prosecution of  judges  responsible for  case delays.

4. Averment:

Please read details at :

Honourable Chief Justice of India TAKE ACTION

https://sites.google.com/site/eclarionofdalit/honourable-cji-take-action ,

https://www.scribd.com/doc/312858947/Honourable-CJI-Take-Action


Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , common men & see how careless our judges are towards anti national crimes , crimes worth  crores  of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:


a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants ,  Tax Authorities , Law Enforcement  Agencies , RBI authorities  in the following cases to perform their duties & to answer the below  RTI  questions.

b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute responsible , concerned    judges , police & public servants.

d. To cancel  winter , summer vacation holidays for  judges.

e. To  bring down  the holidays  of courts  per year  to twelve on the lines of industrial establishments.

f. To make  it mandatory for judges to  conduct  court hearings  for  8  hours per day.

g. To  bring  down unnecessary court adjournments.

h. to reserve  precious  court timings  only for  arguments  , cross examination of litigants , witnesses.

i. to  use information  technology , internet  for  issue  of  notices , summons and  litigants  submitting  documents , applications  instead of wasting court  time.

j. to introduce  working of courts on shift basis  in the same infrastructure.

k. to   appoint  retired judges  immediately to bring down  gaps in judges requirement.

l. to  order  the biggest  litigant  government of india and all state governments   to  frame  laws  strictly  in  accordance   with  constitution.

m. to order  governments  to  give  proper training for public servants , IAS officers , KAS officers , others   about  law of the land.

o. to make  specific public servants  personally responsible for wrong  applications  of law  while  discharging their duties  and  to  make them pay  compensation from their personal pockets.

p. to  order Chief Justice of India to  pay compensation  of Rupees TWO  CRORES  to Nagaraja Mysuru Raghupathi editor  SOS e Clarion of Dalit & SOS e Voice for Justice , towards the damages he has suffered  due to delayed justice.

 


FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated : 21st  May   2016 ………………….FILED BY: NAGARAJA.M.R.

Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON 

 

Judiciary biased against poor: Justice Saldanha

 

 

Only culprits from certain sections of the society are given death sentence in India while the rich and influential are spared the gallows, observed former high court judge Justice M F Saldanha.

Addressing law students of JSS Law College at an orientation programme here on Monday, he rued that the justice system is biased against socio-economically backward classes. “There have been instances where many rich and popular personalities committed similar crimes but went scot-free,” he noted. There are certain loopholes in the legal system. Academicians, legal parishioners and law students must work towards bridging these gaps and bringing about the desired change in the system, he added, calling upon budding lawyers to follow ethics in their professional and personal lives.

College principal K S Suresh said the country has nearly 4 crore cases pending before the court, due to delay in settling them. Though there are nearly 13,500 courts and two dozen high courts, at this rate, it will take about 100 years to clear the pending cases, he said while stressing on the need to deliver speedy justice. MLA Vishweshwar Hegde Kageri said society has immense faith in the judicial system and called upon the legal fraternity to live up to people’s expectations

 

Traitors  in  Judiciary &  Police

https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police  ,

 

Crimes  by  Khaki

https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki 

 

FIRST  Answer  Judges  Police

https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police 

 

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”

– Mahatma Gandhi

 

Pre-Trial Detention

By Amnety International

The Issue

 

India has one of the highest pre-trial detainee populations in the world. Nearly two-thirds of the country’s prisoners are ‘undertrials’. These include men and women presumed to be innocent in the eyes of the law but who are in jail for months and even years waiting for the law to take its course. Some have even been detained for periods longer than what a formal conviction would have brought.

 

 

In 2014, there were 4,18,536 prisoners in various jails in India, of which over 2.8 lakh – more than 67% – were undertrials, according to the National Crime Records Bureau (NCRB) Prison Statistics –India 2014. NCRB all India figures reveal that 47.8% of undertrials are between the age group of 18 to 30 years.

 

‘Taking Injustice Personally’ and Section 436A Code of Criminal Procedure (CrPC)

 

The overarching objective of Amnesty International India’s campaign ‘Taking Injustice Personally’ is to work towards reducing excessive pretrial detention for undertrials, by addressing barriers, both systemic and operational, which exacerbate the problem of prolonged detention in jails. In many cases, such detention can be unlawful and in violation of various international and domestic laws applicable to undertrials.

 

Cognizant of the fact that there are numerous ways in which the problem of excessive pretrial detention can be addressed, we decided to work towards ensuring ‘effective implementation of S. 436A Code of Criminal Procedure (CrPC)’ as one way to achieve the project objective.

 

AI India has been working on this issue since 2013, with relevant state agencies and the judiciary in seeking accurate application of this law. This section allows for the release of an undertrial, on personal bond, – it is hence particularly useful for undertrials who cannot afford to pay bail.

 

 

During the course of our research on this issue, AI India identified four key issues which hinder application of this law. Most of these issues also contribute substantially to the problem of excessive pretrial detention. These are:

 

1. Lack of proper prison and court record management

 

2. Lack of effective legal aid services

 

3. Delays in court productions due to lack of adequate police escorts and video-conferencing facilities

 

4. Non-functional Undertrial Review Committees (UTRC)

 

Coupled with these reasons are a lack of awareness and understanding about application of this law.

 

For a detailed insight into these reasons, please read our briefing – AI India findings and recommendations.

 

In August-September 2014, the government expressed an intent to push for implementation of S. 436A CrPC – to decongest prisons and uphold the rights of undertrials.

 

This was soon followed by a Supreme Court order in the Bhim Singh vs. Union of India case, where the Court directed district judges across all states to visit jails within their jurisdiction and identify and release undertrials eligible for release under S. 436A CrPC. Despite at least seven hearings over the last one year and nearly 10 months since the expiry of the deadline set by the Supreme Court in September 2014, the order has not been complied with. Also, there is no indication from the Central Government on the number of under trials released pursuant to this order.

 

All these initiatives can contribute to the effective implementation of this law. However, unless the systemic and operational failings highlighted above are not rectified, they are likely to have limited long-term and sustainable impact.

 

Consequences of excessive undertrial detention and aggravating factors

 

 

 

1. Overcrowding in jails.

 

Excessive undertrial detention not only adversely affects the lives of prisoners and their families, but also leads to overcrowding in prisons, which puts undue pressure on the entire criminal justice system machinery. Prisons in India have an average occupancy rate of 117.4%. Some of the most overcrowded jails in India include those situated in Dadra and Nagar Haveli (33.17%) Chhattisgarh (258.9%) and Delhi (221.6%).

 

This means, for example, in Chhattisgarh, every cell meant to house 100 inmates in actuality houses 259 inmates.

 

Needless to say, overcrowded jails lead to extremely poor conditions of detention, aggravating the lack of adequate sanitation, food and health care in jails. The conditions in jails are conducive for the transmission of diseases including skin infections, tuberculosis, malaria and other communicable diseases.

 

Overcrowding also adds to the burden on jail officials who have to manage the security and movement of a large number of undertrials within the jail premises. Congested jails often tend to be chaotic and unsupervised. Inmates are at a heightened risk of physical and psychological abuse and ill-treatment and even torture.

 

2. Inadequate legal representation.

 

Most undertrials in India have low levels of education and are therefore unlikely to be aware of their legal rights. According to NCRB 2013 figures, over 71% of the undertrial population is educated below class ten.

 

Undertrials, thus, are among the most vulnerable sections of the prison population – they are less able to contribute to the preparation of their defence than defendants who remain at liberty. The quality of communication between the undertrial and his/her lawyer remains largely poor with the former often dependent (due to restricted access to telephones, etc.) on the latter to communicate with them. The meeting rooms where undertrials meet their lawyers are mostly crowded and guarded by jail officials, making the environment unconducive for uninhibited and effective meetings.

 

Undertrials may also be unable to engage a private lawyer due to a lack of resources. They are then compelled to seek free legal aid from the state, which can be inadequate and ineffective.

 

3. Loss of familial ties, livelihood and adverse impact on family.

 

Pretrial detention, particularly when it is indefinite, subjects undertrials to severe emotional stress due to separation from their family, friends and community. Furthermore, uncertainty regarding the duration of detention coupled with anxieties related to unsuitable and sometimes dangerous prison conditions, can contribute to depression and suicidal tendencies.

 

Undertrials detained for long periods of time lose their jobs, which could cause further economic hardship to them and their families.

 

4. Loss to the state exchequer

 

Apart from violating numerous rights of an individual, excessive undertrial detention also leads to wasting of public resources.

 

According to the NCRB, the average annual expenditure per inmate is Rs. 24,768.

 

The amount spent by the state on overcrowded jails can, instead, be better utilized on activities which promote public security, such as increasing the number of jail and police personnel, investing in their training and infrastructural facilities etc.

 

Amnesty International India’s work with Government of Karnataka

 

Amnesty International India (AI India) seeks to work with the Government of Karnataka to reduce the number of undertrials who are in detention in jails across the state. This will help decrease overcrowding, ensure that undertrials eligible to be released under law are not held in jail, and make Karnataka’s criminal justice system a role model for the rest of the country.

 

Towards this objective, immediate and effective implementation of Sec. 436A CrPC has been stressed by both the Central and State Government vide the:

 

a. Central Directive No. V-13013/70/2012-IS (VI), dated 17th January 2013 (enclosed A1), issued by Union Ministry of Home Affairs (CS Division) and

 

b. Government Order No HD 51 PRA 2012, dated 12th November 2013 (enclosed A2), issued by the Karnataka Home Department

 

We have been working on this issue since March 2013, and have met several people including the Home Minister, the Law Minister, Principal Secretary (Home), ADGP (Prisons), former Supreme Court and High Court judges, members of the Legal Aid community, activists, lawyers, public prosecutors, and former and current police officials.

 

We have also conducted an interactive session at the Karnataka Judicial Academy with the Principal District Judges of all districts in Karnataka. The aim was to, firstly, understand the systemic factors and challenges that contribute to excessive and prolonged pretrial detention in Karnataka; and secondly to explore creative ways of reducing pretrial detention.

 

Justice Delayed is Justice Denied

By  Pradip Kumar Das

 

Before I start I would like to highlight something about the origin of the quoted line “Justice delayed is justice denied.” This line was written by William Ewart Gladstone (1809 – 1898). He was one of the greatest of English Politicians and also former British Prime Minister.

 

The 15th August 1947 is a red-letter day to the Indians. India got freedom on this day at midnight. The last ship carrying British soldiers left India for England. Struggle for independence was thus over on this day. But, to speak the truth, it was only the beginning of a struggle — the struggle to live as an independent nation and to establish a democracy based on the ideas of justice, liberty, equality and fraternity. Keeping these ideals in mind the Preamble to the Indian constitution, interalia, declares that —

“We the people of India having solemnly resolved to constitute India into a sovereign, socialist, secular, Democratic Republic and to secure to all its citizens — Justice, — social, economic and political …. .But sixty years after Independence, we have endless laws but not enough justice. The founding fathers of our constitution placed “Justice” at the highest pedestal and our preamble to the constitution placed justice higher that the other features like liberty, equality and fraternity. People use to go to the judiciary in quest of justice.

 

In the words of Dr. Cyrus Das2 “Justice is a consumer product and must therefore meet the test of confidence, reliability and dependability like any other product if it is to survive market scrutiny. It exists for the citizenry, ‘at whose service only the system of justice must work’. Judicial responsibility, accountability and independence are in every sense inseparable. They are, and must be, — embodied in the institution of the judiciary.” Credibility of the judiciary is at stake now due to mounting arrears of cases, delays in disposal and also high cost of obtaining justice. The denial of justice through delay is the biggest mockery of law. It does not amount to mere mockery, the delay in fact kills the entire fabric of justice delivery system of the country.

 

‘Injustice anywhere is a threat to justice — everywhere’3:

There was a time when it was an age of barbarism. Civilization begins to progress through many ups and downs. Today we have reached, so to speak, the culmination of civilization. Justice and the judiciary is the inevitable result of that civilization. But the present day society is a victim to the dilatoriness of the process of justice. People unfortunately fall victim to injustice. They suffer day after day. A Major portions of the Indian people are very poor and illiterate as well. They come to the court to get justice by paying their hard-earned money. They pay to advocates, Law clerks day after day, and wait for justice. They pay for court fees and vokalatnama and wait for justice. Month after month, year after year passes away- they wait for justice.

 

They become gradually destitute by selling their everything to meet the fees of advocates, law clerks and other expenses and still wait for justice. Sometimes they pass away from the world and never get justice. Dilly-dally policy in the judiciary makes them deprived of having justice. Thus justice remains untouched by many victims in the Indian judicial system. The more they do not get relief, the more they lose their faith in judiciary. As a result, people gradually will take law in their own hand, which will lead a social anarchism. There will be deep darkness of frustration and futility, — nihilism and cynicism all around. The whole society will be in jeopardy, as the entire judicial system will collapse under its own weight. In the words of K. G. Balakrishnan, Hon’ble Chief Justice of India, “…. the peoples faith in the judicial system will begin to wane, because justice that is delayed is forgotten, excluded and finally discharged …4.”

 

The Real Scenario:

There are about 10,000 courts in India .Out of these, one Supreme Court, 21 High Courts, 3150 District Courts, 4861 Munsif and 1st class Magistrate courts and 1964 2nd class Magistrate courts are there. Besides, there are many tribunals. There are 4.04 crores cases pending in different district courts across the country while there is a backlog of 34 lacks cases in State High Courts. 1,66,77,657 criminal cases are pending before Magisterial courts and 72,37,495 civil cases are pending in various subordinate courts. As many as 70 percent of these cases are -litigations from villagers. Again some of these cases are as long as 25 to 30 years old. The longer a case runs, the more expensive it becomes to pursue. Within the High Courts, maximum number of cases are pending in Calcutta, Allahabad, Chennai, Mumbai and in Kerala High court. Out of the pending cases in these High Courts, 88 percent are civil cases and only 12 percent are criminal cases. Maximum number of pending cases in lower judiciary are in U.P., Gujrat, Maharashtra, M.P., W.B. and in Karnataka.

 

Primary causes behind Law’s Delays:

a) The hopelessly inadequate number of judges and also courts in the country is undoubtedly one of the major reasons for such delay. Successive Governments have not only failed to increase the numerical strength of judges and courts but have also been slack in filling up of vacancies. In Mumbai, for example, 50 metropolitan magistrate courts serve a population of more than 12 million of people. At present the country’s 21 High Courts have a combined strength of 725 judges; but there are 128 vacancies left to fill up. The High courts are handling an overwhelming 34,00,000 cases and the shortage of judges is only delaying the legal process. It is not out of place here to mention that there is only 10 – 12 judges per 10 lacks of people in India while in U.S.A., it is 60 – 70 judges per 10 lacks of people, 40 – 50 judges in U.K., even in Pakistan the rate is much higher than that of India.

 

b) If the inadequate number of judges is one reason behind delay in judicial process another reason is the incompetence and inefficiency of judges. There are some law colleges in India where students do not have to attend classes, teachers need not deliver lectures and syllabus need not be followed. These colleges have become factory of distribution of law degree. A degree is the sole requirement to become a member of the Bar and a degree coupled with a few years standing at the Bar is the only requirement for joining the Bench (in some cases that is also not required). As a result the quality of judges is far from satisfactory to give us the desired level of — competence, efficiency and effectiveness. Good judgment prevents multiplicity of proceedings. Good advice by lawyers followed by good assistance prevents unnecessary litigation and wastage of time.

 

(c) The habit of taking adjournment by the lawyers is another reason behind delay. Some lawyers take adjournment unnecessarily to harass opposite parties and to extract money from clients. Some of them causes delay by continuing meaningless argument day after day. In Government cases, adjournment are freely sought to file affidavit because the offices of the Advocate General, the Attorney General and Solicitors General to the Central and State Governments are inadequately staffed and equipped. However, the habit of taking adjournment by lawyers day after day, poses a serious threat to the entire judiciary, which only can be equated with the disease of cancer.

 

(d) Endless amendment of laws is another reason behind delay. Most of Indian laws were amended time and again. As a result, it takes time to understand and explain the new provisions of law. It kills valuable time of court. These endless amendments make the legal system slow and confusing. Our propensity for enacting laws is really a problem. The Income Tax Act, for example, has been amended over 4000 times since it came into force in 1961. According to Late Mr. Nani A. Palkhivala, the tragedy of India is the tragedy of wastage of national time, energy and manpower for grappling with torrential countless amendments.

 

(e) Absence of work culture in the courts is another reason behind the delayed — justice. Every work of courts is carried out very slowly. Attraction to the holidays makes the work of judiciary dilatory and procrastinating. Number of — holidays, especially in higher judiciary, are so vast that one can easily count the number of working days. This adds to the number of mountainous pending cases in the court.

 

Some facts:

There are several cases where — judgements were delivered by courts after a long time. In Safdar Hasmi murder case, for example, who was killed by political opponents, the criminals were punished after a long 15 years. In Tanduri murder case, the accused a Delhi Congress Leader Susil Sarma was convicted with death sentence after long 8 years 6 months. He murdered Nayna Sahani and destroyed evidence by burning her body within a Delhi based hotel. In Model Jesicalal Murder case and Madhumita Sarma Murder case, accused persons were punished after a long legal battle. The Supreme Court of India is not even immune to delays. It’s much acclaimed — judgment in the D.K. Basu case in 1996, known for its directives aimed to prevent custodial torture, took ten years to be reached5. If a judgment takes this long time in the Supreme Court what can be expected from courts of lesser authority?

 

Various Committees:

For speedy trial and quick — disposal of cases several committees were formed by the Government from time to time. In 1924 a committee was formed under the chairmanship of Justice Rankin. In 1949 Justice S.R. Das Committee, in 1972 Justice J.C. Shaha committee, in 1986 Satish Chandra Committee and in 1990 Justice V.S. Mallimath committee. But the situation has not so changed from 1926 to 2007. The law commission in its 120th report submitted in 1987 — examined the problem of understaffing of judiciary and recommended 50 judges per million of population instead of the present number 10.5. The inadequate number of judges is a major reason behind delay in disposal of cases.

 

Thus, the main cause of judicial procrastination is not in the hand of judiciary but in the hand of executive and administrative wings. Justice R. P. Sethi in Anil Rai vs. State of Bihar, Criminal appeal of 6th August, 2001], [observed that in a country like ours where people consider judges second only to God, effort should be made to strengthen that belief of the common man. His Lordship was of the view that time has come for the judiciary to assert itself to preserve its stature, respect and regard for the rule of law. He observed “for the fault of few”, the glorious and glittering name of the judiciary cannot be permitted to be made ugly6. Former Attorney General of India Mr. Soli Sorabjee in a lecture at the Nehru Center in London lamented the laws delays and said the criminal justice system in India was on the verge of collapse on this reason. He also observed that, “Justice delayed will not only be justice denied, it will be the Rule of law destroyed”7. More than 60 percent of pending court cases in India are the result of — “State” action or inaction because some official of the central or State Government or agency has failed to act justly — towards a citizen or a group of citizen. Lately, Hon’ble Supreme Court has delivered guidelines for quick disposal of cases.

 

The arrears committee headed by Justice V. S. Mallimath (1990) — identified various causes of accumulation of arrears of cases in the High Courts. Some of the principal causes are :

(i) Litigation explosion;

(ii) Accumulation of first appeal;

(iii) Inadequacy of staff attached to the High Court;

(iv) Inordinate concentration of work in the hands of some members of the Bar’

(v) Lack of punctuality among judges;

(vi) Granting of unnecessary adjournments;

(vii) Indiscriminate closure of Courts;

(viii) Indiscriminate resort to writ jurisdiction;

(ix) Inadequacy of classification and granting of cases;

(x) Inordinate delay in the supply of certified copies of judgments and orders etc.

 

Some suggestions and conclusion:

All the above points, should be taken care of. Proper steps should be taken immediately to solve the above problems. Adjournments must not be given on flimsy and frivolous grounds and beyond certain numbers. To speed up the process of justice, computerization of the whole country’s judicial system is the need of the hour. The judges must set examples for themselves and others by maintaining a decent degree of punctuality and dutifulness.

 

However, hoping against hope, Hon’ble Supreme Court has already taken some steps to avoid law’s delay. E-filing has been introduced in the Supreme Court on 2nd October, 2006. It is now possible for any advocate – on -record or any other petitioner to file his matter through internet from anywhere in the world. Computerization has been introduced in some of the High Courts in India. In this era of globalization and rapid technological developments — various avenues of laws are opening day by day. Justice and judiciary have an important role to play in this – globalize world. If we do not care it — that we may at our own risk

 

However, at a cursory glance to the reasons behind laws delay and the steps that have already been taken in various quarters after a long time, the author is of the view that many things still remain to do before long. The real picture is not very satisfactory and encouraging. No effective changes are made particularly in the lower judiciary to prevent laws delays. That is why recently Mr. Fali S. Nariman, an eminent Indian jurist and former Rajya Sabha member, when delivered the first Nani A. Palkhiwala Memorial Lecture, expressed with grief about the laws delays that – “Injustice is easy to bear, what stings is justice”.8

 

Before I conclude I would like to opine with the former Attorney General of India Mr. Soli Sorabjee that — justice delayed will not only be justice denied, it will also destroy the Rule of law,- a basic feature of our Constitution. However, let us gird up the loins to protect and preserve it.

 

 

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Posted by naghrw at 7:21 AM
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Monday, 30 January 2017
Judges Work Less Earn More
Topic: human rights , media

S.O.S   e - Voice For Justice - e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.05........04 / 02 / 2017



 

Editorial : Justice  Delayed & Denied

Government Job Maxim

a.       “Two punch one lunch ( work ) ?”

b.      “Government  Job is God’s work. So officials are waiting for god to do his own work !!!”

Judges , Police and  other public servants  responsible  for  delay in justice under one pretext or the other  ( while they shamelessly draw lakhs of rupees pay & perks from public exchequer for themselves ) are totally responsible for :

1.       Destruction of evidences , records , witnesses.

2.       Time bar of case.

3.       For giving free reigns to criminals to  continue with crimes.

4.       Concerned Judges , Police &  other government officials fully liable to pay  compensation from their personal pockets   to the aggrieved  towards  losses due to delayed justice.

 

Hoping  duty consciousness will dawn on our public servants.

 

Your’s

Nagaraja Mysuru raghupathi




After 8 Years, Judges To Get A Huge Pay Hike - Close To 300 Per Cent

 

The judges of the Supreme Court and High Court will soon receive a huge pay hike. The Chief Justice of India TS Thakur has written to the government, forwarding a judges' committee report which recommended a hike of over 300% including pension and perks.

Finance minister Arun Jaitley has agreed with most of the recommendations, sources said. A cabinet note is being prepared, which after formal clearance, will go to parliament.


The salaries of the judges were last hiked eight years ago. But the implementation of the new hike can take time as the hikes of lawmakers - current and former - the President and the Vice-President are still pending.

At present, the Chief Justice of India gets a salary of 
Rs. 1 lakh. Against the judges' committee recommendation to hike his salary by Rs. 3 lakh, the government has agreed to hike it by Rs. 2.8 lakh.

For Supreme Court judges, the present salary is Rs. 90,000. The judges' committee recommended a pay hike of Rs. 2.8 lakh and the government has agreed to an increase of Rs. 2.5 lakh.

The salary of High Court judges will increase from Rs. 80,000 to Rs. 2.25 lakh against the recommendation of Rs. 2.5 lakh.

The government has not agreed to an increase of house rent allowance, since a committee is already looking into the issue following the 7th pay commission recommendations.

Under the pay commission recommendations, they get a steep hike in funds for furnishing their houses. It ranges from Rs. 10 lakh for the Chief Justice of India to 6 lakh for judges of High Court and 1,500 free phone calls. The judges will continue to get free water up to 36 kilo liters and free power of 10,000 units.

The pensions of the judges will be hiked as well. The Chief Justice of India will get Rs. 16,80,000 plus dearness allowance, the Supreme Court judges Rs. 15 lakh plus dearness allowance and High Court judges Rs. 13.5 lakh plus dearness allowance a year. Their gratuity would be doubled to Rs. 20 lakh.

 

 

PIL –   Justice  Denied

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015


IN THE MATTER OF 


NAGARAJA . M.R 

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus 

Honourable  Chief Justice of India    & Others 

....Respondents 



PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA. 


To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India.

 

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
a. Every human being , every Indian citizen  are equal  and guaranteed  equitable justice  as  their  human right and  Constitutional right.

b. In india  mafia of powers that be  and government  ensure  that  cases drag on for years , so that  poor litigant  either dies before  judgement day  or  opts out in  the middle.  Due to this delaying tactics  ,  many poor people  rather suffer injustice  instead of seeking justice in courts.  Mafia  indirectly forces  them  to  keep away from litigation.

c. Due to  occupation induced health problems  my health is deteriorating day by day , some of the  PILs concerning national security , public welfare   I  have  filed are  two decades old , still no justice in sight. Judges   not even  admitted the cases.

d. Actual working hours , working days for judges  are  less in india. Too many case adjournments ,  less number of judges , too many  holidays for  judges like  summer vacation , winter vacation , working hours less than 8 hours per day , etc.

e. Judges  work  less  but  enjoy  5 star  pay & perks at public expense.

f. Due  to  denial of justice  common people suffer injustice for more time or till  their death. Say  some falsely implicated persons  suffer in jail for years till their acquittal by  courts , some petty criminals  whose  crime  attracts  one year imprisonment   suffers in jail for  ten years. Because they are not well connected , cann’t afford  hi fi  advocates , bail fees.

g. Due  to  lethargic  judiciary  , some land  acquisition cases    drag on for years   land  looser  suffers  also  the   project  cost   escalates  by  hundreds  thousands  of  crores  of  rupees.

h. The lethargic  Judiciary  in  India  itself  is the biggest violator  of  common man’s  human rights , fundamental rights. It is the culprit responsible for  loss of thousands of crores of rupees to public exchequer   due  to  project  cost  escalations.

i. when  a common  man’s  human rights , human rights   is  violated  in  the  form  of  delaying  tactics  by court  of  law  , judiciary  , the presiding judge becomes a criminal  and liable to pay damages to the aggrieved.

j. The central government  and  state government  yearly  spend  thousands of  crores of rupees  unnecessarily  like  purchasing  new cars  for  ministers , renovation , interior  decorations  of  minister’s  bungalows ,  foreign jaunts , etc. These are  all not  priority one  spending. Out  of  these  spending   how many  more  judges  could be appointed , paid salaries.

k. when  compared to  project  cost  escalations  of  thousands of  crores  of rupees  caused  due  to  case delays  , is it not wise  on the part of government to  appoint  requisite number of judges  with  additional budget burden of  few  crores  of  rupees.

l. Both  central  and  state governments  are  the biggest  litigants  in the country.

m. Government is manipulating  judicial process by  denying finance  to  appoint more judges , to create more court infrastructures.

n. We common people are  imposed  with time limits  to mandatorily comply with,  in our interactions with other public , with government authorities , with courts itself. For our failures we common people are penalized.

0. Paradoxically , there is no mandatory  time limits  for judges , public servants to finish  specific works concerning public. In most of the cases they adopt delaying tactics  , deny justice still they  are not penalized and  don’t  pay any compensation to the aggrieved public.

p. Due  to delaying tactics  of judges , many  anti national crimes , terror attacks took place  and still continuing  which could have been  well averted in time  if judges  took timely action. For helping  mafia  by  the way of delayed  justice , mafia rewards some of those judges with post retirement postings , promotions , site allotments , etc.

q. The Judiciary has the right , authority , power to order  government  to  allocate finance for  appointing judges , setting up court  infrastructure. If the  government  gives   ruse  of  no  money  in it’s account , courts can  definitely monitor  spending of government , cut down on  waste , non-priority spending of government , divert such money for  appointment of judges , court infrastructure development. No  need  for  CJI  to  weep before prime minister.  Judges  themselves  never  consider  the sufferings  of  weeping  litigants.  It shows the weakness  of  CJI and  a shame to our nation.



2. Question(s) of Law: