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SOS e Voice For Justice & SOS e Clarion of Dalit
Thursday, 9 March 2017
Notice to Chief Justice
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.11........18  / 03 / 2017

 

 




 



Legal  Notice  to  Honourable Chief Justice of India


To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

Hereby , I challenge Chief Justice of India  in the exercise of my FUNDAMENTAL DUTIES  as a citizen of india , that subject to conditions  I will  legally prove the crimes of  few  judges , police , public servants within  the government service and other  criminals.  Is the CJI ready  to book those criminals , traitors , anti nationals ?

Since 25 years I am appealing to apex court for justice concerning various public issues , no justice in sight but injustices meted out  one after another. But the same  judges are  SHAMELESSLY  taking huge pay perks for years  now are also  poised to  get  almost  triple fold  salary increase.  Parasites  feeding  on  Indian  Public. Whenever questions of accountability are asked  judges level contempt charges  against  the  questioner  or police  fix  him in  fake cases or he is silenced by threats , murders , denial of jobs , etc.  Since 25 years  in many  ways they  are trying to silence me. Just take the recent example of Justice Karnan  who leveled corruption  charges  against specific judges  with CJI. Instead of  conducting a fair investigation into the matter , CJI  tried to silence him by  serving  him contempt notice.

Our Judges , Police are  NOT  Perfect  Not Satya Harischandras . There are  criminals  as well as honest people  side by side  in  judiciary & police.  We  whole heartedly respect honest few in judiciary , police & public service. But  we  detest  corrupt  judges , corrupt police. Honest  Judges & Police are not coming into open to  prosecute their corrupt colleagues,  why ? silenced ?

Criminalization of  all wings of government has taken place , unfit people  are in the positions of power. Corruption in judiciary , police , CBI , CVC , Public service is rampant. Now MAFIA is at work.  Only few scandals , scams become public , many  are buried. If one criminal public servant is caught  other public servant who is also a criminal conducts name sake investigation , gives  report , clean chit. Law courts rely on the government reports as evidences , courts are not bothered about credibility of reports or investigations. It is quid pro quo. Therefore technically criminal public servants are never proved for their crimes & convicted , as investigation itself is not fair.

A Crime may happen without the knowledge of police  but  cann’t  continue for years without the connivance of police.  A  Crime reported to court  cann’t  continue  for years without  connivance of judges.

At the bottom  of  the paper , I have given web sites about  few  ACB raids on government officials  and unearthing of crores worth property.  How they have earned it , by misusing their official positions. Therefore  government reports , records  prepared by these officials , investigations conducted by  corrupt police  are suspect.  But  Law courts in various cases , considers government reports , records  , statements of government officials as sacrosanct . Therefore  in many cases  injustice is meted out by court  , as they depend on  reports of corrupt government officials , corrupt police.

The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.  just think , if a judge himself that too  of apex court of the land  himself  commits crime - violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ?       

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges. 

I don’t know whether secretariat staff of CJI office & DARPG / DPG officials are forwarding my appeals for justice , e-mails to you or not. They will be held accountable for their lapses if any. This notice is against the repeated failure of constitutional duties & indirect collusion with criminals by previous CHIEF JUSTICEs OF INDIA. Notice is served against them , to the office of CJI , NOT personally against you.

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679


In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of 
V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.

To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper. Even  Press  accreditation  to me as a web journalist is denied till date.  there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.


1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a citizen of india.
8. As a result of your gross negligence of constitutional duties you have caused me damages / losses to the tune of RUPEES TWO CRORE ONLY.

9. You are responsible for  crime cover ups mentioned in my RTI Appeals , PILs and continuation of those crimes unabated.

10. You are  responsible  for denial of information,  which  vindicates the crimes of powers that be.

11. You are responsible for physical assaults , murder attempts on me.

12. You are responsible for  job denials to me at NIE , PES Engineering college , RBI Press , Mysore , Bangalore Courts.

13. You are responsible for my  illegal retrenchment from RPG Cables ,  denial of  medical care to  me towards occupational  health  problems.

14. You are responsible for denying me legal aid.

15. You are responsible for illegal closure of my news paper.

16. You are responsible for  denial of press accreditation  to me as a web journalist till date.

17. You are responsible for repeatedly  passing on my appeals to police. So that  they can  take  statements , close the file under the threat of police power.

18. You  have violated my Human Rights & Fundamental Rights.

19. In terms  of  Integrity , Honesty  You & other public servants are  nowhere near  Baba Saheb B R Ambedkar , Mahatma Gandhi  &  Satya Harishchandra . Many Public servants are  UNFIT to be in their posts.




You are hereby called upon to Pay damages to me and SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . If you don’t answer  it  will be admission of the  charges  by you.   It will amount to confession of crimes on your own.



If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , etc , the jurisdictional police together with above mentioned accussed public servants , Chief Justice of India & Jurisdictional District Magistrate will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.


if anything untoward happens to me or my dependents , the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty judges , police officials , public servants & Constitutional fuctionaries.

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

Editor , SOS e Voice for Justice & SOS e Clarion of Dalit,

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.



Date : 05.03.2017……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja  Mysuru Raghupathi


PIL –  Fundamental  Duties of Citizens  Vs Corrupt Government  Officials

 

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:

 

 Fundamental  Duties of  Citizens  and  Constitutional Duties  of  Public Servants are complementary to each other.   Nowadays  criminalization of politics , judiciary  , police , etc has  taken place and many unfit candidates are in public service. These corrupt , unfit public servants  are misusing their offices and  putting  legal seal    on illegal  acts , making those illegal acts technically legal. Here  raises the conflict between  FUNDAMENTAL DUTIES OF AN INDIAN CITIZEN  and   ILLEGAL  ACTS  OF  GOVERNMENT OFFICIALS.

           For example real estate mafia grabs  BEML Quarters lake ,  Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru  creates  fake title deeds  and  even gets it registered  by sub registrar  all with the help corrupt officials in  government.  Even police protect the  rich  land grabber. When a case is made out in the court of law  for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based  on official documents he  gives a green signal to encroacher and orders for  protection of his encroached properties.  Lakes  are  nobody’s property , it is  a public property and to be preserved for public usage.  The good Samaritan Indian Citizen who did his  “Fundamental Duties  of Protecting Lakes “  lost money , time,  faced  abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.

One more example  , a  citizen while passing through a  public  road  witnesses  an accident , takes the injured to the hospital for emergency treatment to save life and informs  police regarding accident making vehicle. Instead of appreciating  his  good   work , police fits  him in the case , case drags on for years making the good citizen loose his money , time & job. Also , he is threatened by vehicle owner  who made the accident , no protection to  the citizen for doing his :Fundamental Duties”.

          One more example , a citizen complained to authorities  regarding  business of a liquor bar  in a residential location  much close to religious  building & schools. The bar owner had secured license from state excise  department much against the norms.  Police called the good citizen for questioning repeatedly , court  judge called him to court repeatedly  and finally based on the license given by corrupt government official  allowed the bar to operate  , fined the complainant.  Goons of bar owner  roughed up the good citizen making him to move away from the locality itself.   

 

           An Indian citizen  requests  for information from authorities  regarding  llegalities , irregularities , misuse of office  in working  by judges , police , etc  from  supreme court of india and other related authorities under RTI Act. So that  based on RTI  reply from concerned authorities  he can legally prosecute  the guilty judges , police , public servants , can get the  injustices rectified by court of law and  put an end to further crimes by those guilty , corrupt public servants all in public interest. This  is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES”  to uphold law , constitution of india. But  PIOs , RTI Appellate authorities  of  supreme court of  india  & other  bodies didn’t  give full truthful information at all . Thereby ,  they  committed one more crime of  of covering up another crime  and aiding criminals to continue with their crimes unabated.  Thereby , guilty judges , police , other public servants obstructed the  citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL  RIGHTS  &  HUMAN  RIGHTS  TO  EQUITABLE  JUSTICE.  No justice in sight till date to good Samaritan Indian citizen  , more injustices were meted out to him by judges , police , public servants -  he suffered  physical assaults , murder attempts , jobs denied , news paper closed , press accreditation  denied ,  PILS  he  sent  to apex court were not admitted , all to silence him.

 

 

       In this way , there are numerous cases  of  Indian Citizens , whistle blowers , RTI Activists , Journalists  who themselves suffered  gross injustices for raising public causes , for doing their  Fundamental Duties. No  Justice to them even from apex court till date.

Every citizen  of  india must  perform   his / her “Fundamental  Duties” without fail, before demanding  his fundamental rights. Every public servant  must  do their  constitutional duties without fail. 

         A citizen performs  fundamental duties without any rewards or pay or perks  where as a government official /  public servant does his / her duties  for  huge pay & perks.

         A citizen  while performing his fundamental duties  often has to spend his own money , time  to fight legal cases , etc. Whereas a public servant spends nothing during the course of his public duties, everything is borne by state exchequer.

      A citizen  while performing  his fundamental duties faces rowdy elements , physical assaults  in few instances even resulting in his own murder.  His family doesn’t get even a penny compensation from exchequer. Whereas a public servant enjoys the full police protection in the course of his duties and even if  anything untoward  happens his family will get  compensation.

     Obstructing  a Citizen  from performing his fundamental duties  doesn’t  attract any legal prosecution whereas obstruction of  public servant’s  constitutional duties is a crime under IPC.

2. Question(s) of Law:

Are  Fundamental  Duties  of  Indian  Citizens  Supreme  or  the  Illegal  acts , orders by corrupt Government officials (Legalizing  illegal acts)  Supreme ?

3. Grounds:

Requests for equitable justice , Prosecution of   corrupt  judges , police , public servants   responsible for  injustices , obstructions to Fundamental Duties of citizens.

 4. Averment:

 Please read details at :

 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  

 

SHAME  SHAME  JUDGEs  -  Atrocities against  DALITs  by  Judges

https://sites.google.com/site/sosevoiceforjustice/shame-shame-judges  ,

https://sites.google.com/site/eclarionofdalit/shame-shame-judges

 

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

- Mahatma Gandhi

 

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases  mentioned  at above web sites , 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 of them 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:

 

1.         To  make  obstruction of  “Fundamental Duties  of an Indian Citizen” a legally punishable offence on par with the  obstruction of a public servant’s duties.

2.         To pay compensation of Rupees Two Crores and above  to   RTI Activists , Whistle Blowers , Journalists , ordinary citizens who paid with their lives or suffered  injuries in the course of their  fundamental duties.

3.         To order for  inspection , investigation of each & every issue raised by  a citizen in the course of his fundamental duties  instead of simply relying on government records alone prepared by corrupt officials.

4.         To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers  , other public servants  to do their  constitutional duties  as well as their   FUNDAMENTAL  DUTIES  properly.

5. To admit  all the PILs   sent by me to supreme court of india  and to order the concerned public servants to give proper reply to all RTI Appeals made by me.

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

Dated : 26.02.2017……… ………………….FILED BY: NAGARAJA.M.R.

 Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON

 

In suicide note, Arunachal CM Kalikho Pul alleges graft by SC judges, Congress

 

Late Arunachal Pradesh Chief Minister Kalikho Pul had named some sitting as well as former Supreme Court judges and senior Congress politicians in a 60-page suicide letter he left behind at the time of his death last August. His wife has demanded a CBI probe into the corruption charges levelled by Pul.

 

"We want a central investigation agency -- the CBI or the National Investigation Agency -- to investigate the case. Every politician and judge named in the letter should be brought into limelight and action taken against them for demanding bribe," his wife Dangwimsai Pul told the media here.

 

The suicide note written by Kalikho Pul in Hindi mentions the names of several Congress politicians both at the Centre and in Arunachal Pradesh along with Supreme Court judges, including ex-Chief Justices of India H.L Dattu and Altamas Kabir, for demanding bribe.

 

Dangwimsai -- the first wife of Pul -- has demanded a new FIR in the case as the state government did not probe the death of Pul "properly", despite an FIR by the family.

 

She alleged the current state government threatened her against demanding a CBI probe.

 

On being asked who was threatening them, Dangwimsai told IANS: "I can't take the names, but certainly they are people close to the ministers in the current Arunachal government."

In his 60-page suicide note, a copy of which is with IANS, Pul said H.L. Dattu was allegedly paid Rs 28 crore in 2012 to stay an order against the former Arunachal Pradesh Chief Minister Nabam Tuki, despite the Gauhati High Court ordering a CBI inquiry against Tuki after finding him guilty.

 

Similarly, another ex CJI Altamas Kabir had given a decision in favour of Arunachal contractors regarding a Public Distribution System (PDS) scam. The Central government and Food Corporation of India termed the decision wrong, he alleged in the letter.

 

Pul also alleges that on the directions of former Chief Minister Dorjee Khandu, he in 2009 had given Rs 6 crore to President Pranab Mukherjee, then Union Finance Minister. Mukherjee was paid the money after he cleared an advance loan of Rs 200 crore to Arunachal Pradesh.

 

"In 2008, I, on the directions of Dorjee Khandu, was compelled to give Rs 37 crore to Congress Treasurer Moti Lal Vora," said the suicide note. 

 

The suicide note which brings to light several irregularities and scams in Arunachal Pradesh also mentions that Pul was contacted by some (unidentified) people, demanding Rs 86 crore to give a SC ruling in his favour, an offer which Pul said he denied.

 

Pul had become Chief Minister on February 19, 2016, after he along with 29 (19 Congress and 11 BJP) MLAs defected to the People's Party of Arunachal Pradesh (PPA) -- a state outfit -- to form a new government, bringing down the existing Congress government led by Chief Minister Tuki.

 

However, the Supreme Court reinstated the Tuki government on July 13, following which Pul and his supporters returned to the Congress and supported Pema Khandu as the Chief Minister.

 

According to the letter, Pul was contacted till 9 p.m on July 12, 2016, demanding an advance of Rs 9 crore to delay the hearing for one month. Pul was unseated from the chief ministership on July 13.

 

The 47-year-old leader was found hanging from a ceiling fan on August 9 in the official residence of the Chief Minister. He had yet to vacate the bungalow.

 

The Arunachal Police had found a 60-page letter written by Pul near his body, titled 'Mere Vichar' (My Views).

 

The letter also accuses two sitting judges of the Supreme Court of corruption.

 

"Virender Khehar (relative of a serving judge), had asked for Rs 49 crore from me. In another case Aditya Mishra (relative of another serving judge) had asked Rs 37 crore from me," said the letter. 

 

Mentioning extreme manipulations through money in the Supreme Court while giving important verdicts, Pul said he was contacted till July 25, 2016 -- more than a week after the July 13 verdict -- by the kin of a serving Supreme Court juge with an offer to change the decision of the Supreme Court in his favour for Rs 31 crore.

 

The suicide letter -- which appears to be written over a period of a month and with his signature on each page -- clearly expresses the frustration and helplessness of Pul towards the government and judiciary. 

 

In the letter, Pul has accused Arunachal Chief Minister Pema Khandu and ex-CM Nabam Tuki as being among the few people responsible for bringing the state into financial ruin.

 

The suicide note states that the entire expenses of Rs 90 crore for the case -- to unseat him -- in the Supreme Court was borne by former and current Chief Minister Nabam Tuki and Pema Khandu.

 

The letter also names Congress leaders Kapil Sibal, Kamal Nath, Ghulam Nabi Azad, Salman Khurshid and V. Narayanasamy as demanding money to resolve problems among the Congress legislators in Arunachal Pradesh.

 

Advocates Judges Match Fixing

https://www.thequint.com/politics/2017/02/15/former-arunachal-pradesh-chief-minister-kalikho-pul-suicide-note-letter-named-top-legal-officials-60-page-7-aug-2016 ,

https://www.thequint.com/politics/2017/02/15/kalikho-pul-arunachal-pradesh-former-chief-minister-suicide-note-shocked-legal-fraternity-seeks-probe ,

 

CBI  Director  Criminals  Link

http://www.livemint.com/Politics/a3rUhHL5FxorUqoIFKyF3J/Coal-scam-SC-directs-CBI-to-start-probe-against-former-chie.html  ,

http://www.livemint.com/Politics/zAcGw1xqc6gm21mUzMlt9H/SC-to-hear-allegations-against-CBI-director-Ranjit-Sinha-on.html

 

Police  Terror Link

http://www.thehindu.com/news/some-in-mumbai-police-have-links-with-dawood-chhota-rajan/article7837119.ece ,

http://indiatoday.intoday.in/story/how-mumbai-police-foiled-ajit-dovals-operation-dawood/1/460763.html  ,

 

ACB  Raid on Corrupt  Public Servants

http://www.starofmysore.com/acb-raids-city-pwd-engineer-finds-rs-60-crore-worth-properties-still-counting/ ,

http://www.starofmysore.com/acb-raids-mandya-pwd-executive-engineers-house-in-city/ ,

http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/ACB-officials-conduct-raid-on-eight-officials/article16929602.ece#! ,

http://www.udayavani.com/english/news/state/183748/acb-raids-houses-2-suspended-senior-karnataka-govt-officials ,

http://indianexpress.com/article/cities/bangalore/five-police-officers-among-13-raided-in-lokayukta-anti-corruption-sweep/ ,

http://www.thehindu.com/todays-paper/tp-national/tp-karnataka/ACB-raids-head-constable%E2%80%99s-house/article17190871.ece ,

http://www.deccanherald.com/content/564072/engineer-raided-corruption-posted-lokayukta.html ,

 

 




 

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  Now   judges  shamelessly  poised  to get  triple  fold  salary  increase inspite  of failure of  constitutional  duties


 



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 

 


DECLARATION


Name : ...........................NAGARAJA.M.R.


Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA


Professional / Trade Title : S.O.S - e – Voice For Justice


Periodicity : WEEKLY


Circulation : FOR FREE DISTRIBUTION ON WEB


Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .


Monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.


Owner/editor/printer/publisher : NAGARAJA.M.R.


Nationality : INDIAN


Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore             ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.


Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.


Home page : 

http://evoiceforjustice.dalitonline.in/  ,

http://in.groups.yahoo.com/group/sosevoiceforjustice/ , http://groups.google.co.in/group/hrwepaper / , 

http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.

 

Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

 

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.

 

date :  26.02..2017…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

 

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

 http://in.groups.yahoo.com/group/sosevoiceforjustice/ ,  http://groups.google.co.in/group/hrwepaper / , 

 http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,

http://www.amnesty.org/en/user/naghrw  

A   Member  of  Amnesty  International   

 


Posted by naghrw at 1:29 PM
Sunday, 26 February 2017
FUNDAMENTAL DUTIES Obstructed by Judges
Mood:  cool
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.10........11  / 03 / 2017

 

 

 

Editorial :  FUNDAMENTAL  DUTIES  Vs   Corrupt   Judges   Police  Public  Servants

 

                                 Fundamental  Duties of  Citizens  and  Constitutional Duties  of  Public Servants are complementary to each other.   Nowadays  criminalization of politics , judiciary  , police , etc has  taken place and many unfit candidates are in public service. These corrupt , unfit public servants  are misusing their offices and  putting  legal seal    on illegal  acts , making those illegal acts technically legal. Here  raises the conflict between  FUNDAMENTAL DUTIES OF AN INDIAN CITIZEN  and   ILLEGAL  ACTS  OF  GOVERNMENT OFFICIALS.

           For example real estate mafia grabs  BEML Quarters lake ,  Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru  creates  fake title deeds  and  even gets it registered  by sub registrar  all with the help corrupt officials in  government.  Even police protect the  rich  land grabber. When a case is made out in the court of law  for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based  on official documents he  gives   green signal to encroacher and orders for  protection of his encroached properties.  Lakes  are  nobody’s property , it is  a public property and to be preserved for public usage.  The good Samaritan Indian Citizen who did his  “Fundamental Duties  of Protecting Lakes “  lost money , time,  faced  abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.

          One more example  , a  citizen while passing through a  public  road  witnesses  an accident , takes the injured to the hospital for emergency treatment to save life and informs  police regarding accident making vehicle. Instead of appreciating  his  good   work , police fits  him in the case , case drags on for years making the good citizen loose his money , time & job. Also , he is threatened by vehicle owner  who made the accident , no protection to  the citizen for doing his :Fundamental Duties”.

          One more example , a citizen complained to authorities  regarding  business of a liquor bar  in a residential location  much close to religious  building & schools. The bar owner had secured license from state excise  department much against the norms.  Police called the good citizen for questioning repeatedly , court  judge called him to court repeatedly  and finally based on the license given by corrupt government official  allowed the bar to operate  , fined the complainant.  Goons of bar owner  roughed up the good citizen making him to move away from the locality itself.   

           An Indian citizen  requests  for information from authorities  regarding  llegalities , irregularities , misuse of office  in working  by judges , police , etc  from  supreme court of india and other related authorities under RTI Act. So that  based on RTI  reply from concerned authorities  he can legally prosecute  the guilty judges , police , public servants , can get the  injustices rectified by court of law and  put an end to further crimes by those guilty , corrupt public servants all in public interest. This  is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES”  to uphold law , constitution of india. But  PIOs , RTI Appellate authorities  of  supreme court of  india  & other  bodies didn’t  give full truthful information at all . Thereby ,  they  committed one more crime of  of covering up another crime  and aiding criminals to continue with their crimes unabated.  Thereby , guilty judges , police , other public servants obstructed the  citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL  RIGHTS  &  HUMAN  RIGHTS  TO  EQUITABLE  JUSTICE.  No justice in sight till date to good Samaritan Indian citizen  , more injustices were meted out to him by judges , police , public servants -  he suffered  physical assaults , murder attempts , jobs denied , news paper closed , press accreditation  denied ,  PILs  he sent to apex court were not admitted , all to silence him.

       In this way , there are numerous cases  of  Indian Citizens , whistle blowers , RTI Activists , Journalists  who themselves suffered  gross injustices for raising public causes , for doing their  Fundamental Duties. No  Justice to them even from apex court till date.

         Every citizen  of  india must  perform   his / her “Fundamental  Duties” without fail, before demanding  his fundamental rights. Every public servant  must  do their  constitutional duties without fail. 

         A citizen performs  fundamental duties without any rewards or pay or perks  where as a government official /  public servant does his / her duties  for  huge pay & perks.

         A citizen  while performing his fundamental duties  often has to spend his own money , time  to fight legal cases , etc. Whereas a public servant spends nothing during the course of his public duties, everything is borne by state exchequer.

      A citizen  while performing  his fundamental duties faces rowdy elements , physical assaults  in few instances even resulting in his own murder.  His family doesn’t get even a penny compensation from exchequer. Whereas a public servant enjoys the full police protection in the course of his duties and even if  anything untoward  happens his family will get  compensation.

     Obstructing  a Citizen  from performing his fundamental duties  doesn’t  attract any legal prosecution whereas obstruction of  public servant’s  constitutional duties is a crime under IPC.

    Therefore in order to preserve , uphold democracy , Constitution of india , apex court must  order  Central Governments , All State Governments and other  Statutory  bodies :

1.         To  make  obstruction of  “Fundamental Duties  of an Indian Citizen” a legally punishable offence on par with the  obstruction of a public servant’s duties.

2.         To pay compensation of Rupees Two Crores and above  to   RTI Activists , Whistle Blowers , Journalists , ordinary citizens who paid with their lives or suffered  injuries in the course of their  fundamental duties.

3.         To order for  inspection , investigation of each & every issue raised by  a citizen in the course of his fundamental duties  instead of simply relying on government records alone prepared by corrupt officials.

4.         To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers  , other public servants  to do their  constitutional duties  properly.

Your’s ,

Nagaraja Mysuru Raghupathi

 

Important duties of a citizen towards his  Motherland  /  State

 

(a) Allegiance:

Every citizen is expected to be loyal to the state. His or her loyalty should, in no case, be divided. The state expects unstinted allegiance from its citizens.

(b) Obedience:

All the citizens should willingly and habitually obey the laws of the state. A democratic government is a government of the people themselves. Laws reflect their own will. There should not be, therefore, any hesitation in the obedience of laws.

(c) Payment of Taxes:

The administration of a country involves a certain amount of expenditure. This expenditure cannot be met without raising certain taxes. Citizens in their own interest, should, therefore willingly and honestly make payment of their taxes.

(d) Public Spirit:

Every citizen should be public spirited. He should not seek his self-interest and should always be ready to contribute his mite to the welfare of society.

(e) Honest exercise of Franchise:

Vote is a sacred trust in the hands of the citizens. It should always be used judiciously. Suitable represen-tatives should be sent to the legislatures. A wrong use of vote may result in a bad government.

(J) Help to Public Officials in the maintenance of Law and Order:

It is the duty of every citizen to lend a hand of co-operation to public officials in the discharge of their duties. Every citizen should try to remove evils and crimes from society by rendering help to the officials concerned.

(g) Work:

Every able-bodied citizen should work and try to add something to the social fund. Idlers are a parasite on the society. Work brings in wealth and prosperity in the country. In countries like Russia work is considered to be a legal duty.

(h) Toleration:

Every citizen is expected to be tolerant towards others. Their religious beliefs "Do unto others what you wish to be done by," should be the motto before every citizen.

(j) Resistance:

It is more or less a moral duty. It is the duty of a good citizen to resist injustice from any quarter. If the government is unjust, it may also be resisted.

 

 

The Fundamental Duties

-           Speech   by Justice Kurian Joseph

 

The following ten Fundamental Duties were introduced by the 42nd Amendment Act, 1976 — Article 51-A:

It shall be the duty of every citizen of India:

 

 To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

To cherish and follow the noble ideals which inspired our national struggle for freedom; to uphold and protect the sovereignty, unity and integrity of India.

To defend the country and render national service when called upon to do so.

To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women.

To value and preserve the rich heritage of our composite culture.

To protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures.

To develop the scientific temper, humanism and the spirit of inquiry and reform.

To safeguard public property and to abjure violence.

To strive towards excellence in all spheres of individual and collective activity.

So that the nation constantly rises to higher levels of endeavour and achievement. Subsequently, another duty was added by the 86th Constitutional Amendment Act of 2002: for a parent or guardian to provide opportunities for education of the child or ward between the age of six and fourteen.

 

Since then, the scope of Fundamental Rights under Part III of the Constitution has seen significant expansion through judicial pronouncements; the right to free legal services to the poor, right to speedy trial and right to live in a clean and healthy environment are just a few examples. As a result, an imbalance has been created between the current set of Fundamental Rights and Duties. Here is an attempt to examine if a few additional Fundamental Duties in the Constitution of this country could help in balancing out the rights of its citizens and further make them more responsible towards the country’s development.

Additional duties

 

Duty to vote: Article 326 of the Constitution read with Section 62 of the Representation of People’s Act, 1951 confers the right to vote. However, quite often the question arises as to whether that right also implies an obligation. The voter turnout during the last general election amounted only to about 67 per cent. This voter apathy should be taken seriously and an attempt should be made to make voting a citizenship obligation.

The state can take several steps to ensure that this duty to vote is made operational and effective. One method through which this may be achieved is by developing a system of incentives for voters and conversely disadvantages for those who abstain from performing their duty to vote. A very large section of people can be motivated to vote this way.

Duty to pay taxes: The tax gap (the revenue that a government is expected to receive as against the revenue it actually collects) continues to increase every year. The greatest indicator of this is the fact that the size of India’s shadow economy as a share of the GDP reached 24.3 per cent in the year 2012. Research has found that tax evasion is a direct result of lack of trust among the people, in general, and the government, in particular. Citizens must believe that their taxes are bound to be used for public good. The incorporation of the right to pay taxes as part of Fundamental Duties in the Constitution will shift the onus onto the taxpayer to pay taxes rather than the tax department to collect them.

Duty to help accident victims: Every 60 minutes, 16 persons die in traffic accidents in India. According to the Law Commission of India, at least 50 per cent of fatalities can be prevented if road accident victims receive medical attention within the critical first hour after the accident. The Karnataka government’s decision to frame a ‘Good Samaritan law’ is a step in the right direction. With the increase in the number of accidents, it has become pertinent for India to recognise this duty as one owed by its citizens towards each other.

Duty to keep the premises clean: Prime Minister Narendra Modi’s Swachh Bharat Mission has received tremendous support from people from all walks of life. The most effective mechanism to tackle uncleanliness is to sensitise people about this duty. Therefore, it is imperative that a Fundamental Duty to this effect be added to the Constitution.

For a better society

Duty to prevent civil wrongs: It is not enough that a citizen refrains from committing wrong; he has a duty to see that fellow citizens do not indulge in the commission of wrongs.

Duty to raise voice against injustice: Today people seem to have stopped reacting to atrocities; they neither report crimes nor volunteer to testify in a court. The duties of a victim or a witness can be classified into two main categories, viz. duty to report a crime and duty to testify in court. The state must also on its part work to ensure that the fight to bring the offender to book does not become a Kafkaesque nightmare for the victim or witness.

Duty to protect whistle-blowers: With the coming into force of the Right to Information Act, 2005, every citizen has become a “potential whistle-blower”. While the state has a great deal of responsibility in providing for their protection through appropriate legislative instruments, the responsibility to protect torchbearers of transparency vests on each one of us.

Duty to support bona fide civil society movements: Citizens have a moral duty to organise themselves or support citizen groups so that the gaps in governance left by the executive can be filled and the rights guaranteed by the Constitution are made available to every citizen. Therefore, it is proposed that there must be an addition to Part IV-A of the Constitution to that effect.

Reinvigorating civic responsibility: In the modern context, it has become increasingly important to instil a reinvigorated sense of civic responsibility among Indian citizens. This can be achieved by adding new duties to the existing list of Fundamental Duties while also laying emphasis on the performance of the existing ones. The significance of Fundamental Duties is not diminished by the fact that there is no punishment prescribed for not following them. Fundamental Duties constitute the conscience of our Constitution; they should be treated as constitutional values that must be propagated by all citizens.

It appears our polity is not even aware of such a noble part of our Constitution. This should be included in the curriculum of high school students at least.

 

Why citizens are not performing fundamental duties enshrined in Article 51A of the Constitution of India? 

By   Ashok  Arora

 

I recently filed a PIL, Ashok Arora V/S Union of India (Civil Writ 314/2016) stating a shocking fact, but the bitter realty that 99.9% citizens including the Supreme Court lawyers, judges and the parliamentarians don’t perform their fundamental duties enshrined in Article 51A of the Constitution of India.

We all know that article 51A of the constitution, which defines the fundamental duties of a citizen, enjoins upon every citizen to develop the spirit of enquiry and scientific temper. It enjoins upon us to abide by the constitution, which starts with a pledge to secure for all its citizens, justice social, economic and political. The dream of the framers of the constitution to ‘wipe the last tear from the last eye’ is nowhere near realization; rather millions of fellow citizens go to bed on an empty stomach.

More than two lac fifty thousand farmers committed suicide during the last fifteen years. Millions have no access to clean drinking water, basic health facilities and primary education and the majority of degree holder youth are unemployable.

Also Read: Constitution of India is Not Available Free to the Citizens

The real cause of miseries to the millions of fellow human beings is the lack of training of mind & soul, not developing the spirit of enquiry as mandated by the Constitution of India. We have no time to develop that spirit of enquiry and scientific temper as envisaged in the constitution of India.

We all want our rights without performing the fundamental duties. The question is that how can we think of building a nation without building the national character? And how can we build the national character without performing the fundamental duties like developing the spirit of enquiry? The lack of ‘training of mind and soul (pure conscience)’ to provide value education leads to non-performance and corruption, which leads to miseries to the fellow citizens.

The state has failed to provide any opportunity and facilities to children to develop in a healthy manner and in condition of freedom and dignity as enjoined under article 39(f) of the constitution of India. It has further failed to protect the youth against exploitation and against moral and material abandonment as enjoined in the same article of the constitution of India. It has also failed in its endeavour to provide (within a period of ten years from the commencement of our constitution) for free and compulsory education (Purposeful Education) for all children until they complete the age of fourteen years as mandated by the constitution of India.

That article 51A (h) is the most important provision of the constitution, which mandates for every citizen to develop scientific temper, humanism and the spirit of enquiry. The successive governments for the last 69 years, the state has failed to create awareness, it has failed to inform the citizens of the fundamental duties and it has failed to create an atmosphere where every citizen performs his fundamental duties. It has failed to implement the recommendations made by various education committees appointed to suggest educational reforms.

My Public Interest Litigation has been filed to seek directions that the states implement the recommendations made by various education committees on educational reforms, states provide for compulsory education (purposeful education), it performs its duty to make people aware of their fundamental duties, creates an atmosphere where everyone performs his fundamental duties, it defines the real meaning of education as per the recommendations of various committees & the meaning of education suggested by great philosophers and make necessary changes in the education system accordingly.

 I also sought permission to assist the court with reference to my module for training of the mind and soul, which I prepared with reference to my study of holistic personality development, child development, Holy Scriptures and views of philosophers, saints and educationists. I started the study of child development even before the birth of my son, thirty two years ago and eleven years back decided to renounce a lucrative law practice to dedicate myself to guide the youth. I have tried to make my humble contribution by writing a few books and articles on the subject.

My film, ‘Kasoor Kiska”, which is referred in this petition also suggests the ways to guide and motivate the youth to work towards nation building. I have had the privilege to deliver hundreds of free talks in Leh-Ladakh and many remote areas of Jammu & Kashmir, UP, MP, Rajasthan, Punjab, Haryana, Delhi and Maharashtra. I interacted with many students and educationists at many places in Harvard, Oxford, Switzerland, USA, Canada, Germany and Dubai etc. I wish to refer to a few of my YouTube talks and pictures to demonstrate that the youth is enthusiastic and in fact, hungry to listen to good things.

Unfortunately they are not being guided appropriately.  They are all good and they all want to serve, but they do not have any role models. The problem throughout the world is same that the education system is producing computers and not compassionate human beings. That is why even after 69 years of independence and 66 years of the history of Supreme Court of India we have not produced a single statesman like Dr. BR Ambedkar, Bhagat Singh, Mahatma Gandhi, Abraham Lincoln, Martin Luther King, Sardar Patel or Sir Sayed Ahmed. The world is investing more in making of bombs than in producing compassionate human beings, which is the main reason for sufferings and violence all over the world.

Knowing your wisdom, expertise and vast experience, dear citizens  I wish to seek your guidance. I request my dear citizens to initiate a debate, file an intervention or write an article to guide the law students and the society on the above subject. I am in Texas; US these days but keep coming to India as and when required. Kindly indicate the best time to have a telephonic conference with you. I can email you the petition and the whatsapp video message I sent to the Honb’le CJI, which also initiated the debate as to whether a whatsapp message can be treated as PIL.

I argued the matter before Court 1 on 9th May and now it is listed for 19th July. I also wish to discuss with you what transpired on the first listing.

 

 

http://www.livelaw.in/breaking-erring-prosecutors-and-investigating-officers-must-be-proceeded-against-in-case-of-unmerited-acquittals-and-wrongful-convictions-sc-download-the-judgment/

 


PIL –  Fundamental  Duties of Citizens  Vs Corrupt Government  Officials

 

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:

 

 Fundamental  Duties of  Citizens  and  Constitutional Duties  of  Public Servants are complementary to each other.   Nowadays  criminalization of politics , judiciary  , police , etc has  taken place and many unfit candidates are in public service. These corrupt , unfit public servants  are misusing their offices and  putting  legal seal    on illegal  acts , making those illegal acts technically legal. Here  raises the conflict between  FUNDAMENTAL DUTIES OF AN INDIAN CITIZEN  and   ILLEGAL  ACTS  OF  GOVERNMENT OFFICIALS.

           For example real estate mafia grabs  BEML Quarters lake ,  Kaynes Hootagalli Lake , Ningaih lake , Hebbal lakes in mysuru  creates  fake title deeds  and  even gets it registered  by sub registrar  all with the help corrupt officials in  government.  Even police protect the  rich  land grabber. When a case is made out in the court of law  for eviction of lake encroachers , judge simply goes through the technicalities of government documents. Based  on official documents he  gives a green signal to encroacher and orders for  protection of his encroached properties.  Lakes  are  nobody’s property , it is  a public property and to be preserved for public usage.  The good Samaritan Indian Citizen who did his  “Fundamental Duties  of Protecting Lakes “  lost money , time,  faced  abuses / remarks from the judge , faced life threat from land mafia & police. All for nothing.

One more example  , a  citizen while passing through a  public  road  witnesses  an accident , takes the injured to the hospital for emergency treatment to save life and informs  police regarding accident making vehicle. Instead of appreciating  his  good   work , police fits  him in the case , case drags on for years making the good citizen loose his money , time & job. Also , he is threatened by vehicle owner  who made the accident , no protection to  the citizen for doing his :Fundamental Duties”.

          One more example , a citizen complained to authorities  regarding  business of a liquor bar  in a residential location  much close to religious  building & schools. The bar owner had secured license from state excise  department much against the norms.  Police called the good citizen for questioning repeatedly , court  judge called him to court repeatedly  and finally based on the license given by corrupt government official  allowed the bar to operate  , fined the complainant.  Goons of bar owner  roughed up the good citizen making him to move away from the locality itself.   

 

           An Indian citizen  requests  for information from authorities  regarding  llegalities , irregularities , misuse of office  in working  by judges , police , etc  from  supreme court of india and other related authorities under RTI Act. So that  based on RTI  reply from concerned authorities  he can legally prosecute  the guilty judges , police , public servants , can get the  injustices rectified by court of law and  put an end to further crimes by those guilty , corrupt public servants all in public interest. This  is an effort by that Indian citizen as his “FUNDAMENTAL DUTIES”  to uphold law , constitution of india. But  PIOs , RTI Appellate authorities  of  supreme court of  india  & other  bodies didn’t  give full truthful information at all . Thereby ,  they  committed one more crime of  of covering up another crime  and aiding criminals to continue with their crimes unabated.  Thereby , guilty judges , police , other public servants obstructed the  citizen from performing his FUNDAMENTAL DUTIES , Violated his FUNNDAMENTAL  RIGHTS  &  HUMAN  RIGHTS  TO  EQUITABLE  JUSTICE.  No justice in sight till date to good Samaritan Indian citizen  , more injustices were meted out to him by judges , police , public servants -  he suffered  physical assaults , murder attempts , jobs denied , news paper closed , press accreditation  denied ,  PILS  he  sent  to apex court were not admitted , all to silence him.

 

 

       In this way , there are numerous cases  of  Indian Citizens , whistle blowers , RTI Activists , Journalists  who themselves suffered  gross injustices for raising public causes , for doing their  Fundamental Duties. No  Justice to them even from apex court till date.

Every citizen  of  india must  perform   his / her “Fundamental  Duties” without fail, before demanding  his fundamental rights. Every public servant  must  do their  constitutional duties without fail. 

         A citizen performs  fundamental duties without any rewards or pay or perks  where as a government official /  public servant does his / her duties  for  huge pay & perks.

         A citizen  while performing his fundamental duties  often has to spend his own money , time  to fight legal cases , etc. Whereas a public servant spends nothing during the course of his public duties, everything is borne by state exchequer.

      A citizen  while performing  his fundamental duties faces rowdy elements , physical assaults  in few instances even resulting in his own murder.  His family doesn’t get even a penny compensation from exchequer. Whereas a public servant enjoys the full police protection in the course of his duties and even if  anything untoward  happens his family will get  compensation.

     Obstructing  a Citizen  from performing his fundamental duties  doesn’t  attract any legal prosecution whereas obstruction of  public servant’s  constitutional duties is a crime under IPC.

2. Question(s) of Law:

Are  Fundamental  Duties  of  Indian  Citizens  Supreme  or  the  Illegal  acts , orders by corrupt Government officials (Legalizing  illegal acts)  Supreme ?

3. Grounds:

Requests for equitable justice , Prosecution of   corrupt  judges , police , public servants   responsible for  injustices , obstructions to Fundamental Duties of citizens.

 4. Averment:

 Please read details at :

 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  

 

SHAME  SHAME  JUDGEs  -  Atrocities against  DALITs  by  Judges

https://sites.google.com/site/sosevoiceforjustice/shame-shame-judges  ,

https://sites.google.com/site/eclarionofdalit/shame-shame-judges

 

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

- Mahatma Gandhi

 

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases  mentioned  at above web sites , 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 of them 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:

 

1.         To  make  obstruction of  “Fundamental Duties  of an Indian Citizen” a legally punishable offence on par with the  obstruction of a public servant’s duties.

2.         To pay compensation of Rupees Two Crores and above  to   RTI Activists , Whistle Blowers , Journalists , ordinary citizens who paid with their lives or suffered  injuries in the course of their  fundamental duties.

3.         To order for  inspection , investigation of each & every issue raised by  a citizen in the course of his fundamental duties  instead of simply relying on government records alone prepared by corrupt officials.

4.         To order all public servants including judges , Members of Parliament , Members of Legislative Assemblies , IAS officers  , other public servants  to do their  constitutional duties  as well as their   FUNDAMENTAL  DUTIES  properly.

5. To admit  all the PILs   sent by me to supreme court of india  and to order the concerned public servants to give proper reply to all RTI Appeals made by me.

 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

 

Dated : 26.02.2017……… ………………….FILED BY: NAGARAJA.M.R.

 Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON

 

A Critical Study of the Fundamental Duties under the Constitution of India as Legally Enforceable Duties under Different Statutes

By – Mohit Daulatani

 

Constitution is the supreme law of India. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation. B. R. Ambedkar is the Chief Architect of Indian Constitution.Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. Date 26 January was chosen to commemorate the Purna Swaraj declaration of independence of 1930.

 

It declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. Constitution was formed on the 26th of November in 1949 by the Constituent Assembly and came into force on the 26th of January 1950. Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.

The Fundamental duties have been incorporated in the constitution to remind every citizen that they should not only be conscious of their rights but also of their duties. The concept of Fundamental Duties was taken from the constitution of USSR along with the concept of Five Year Plan.

 

The Fundamental Rights in Part III, the Directive Principles of State Policy in Part IV and the Fundamental Duties in Part IVA forms a compendium and have to be read together. It is true that there is no legal sanction provided for violation or non-performance of Fundamental Duties. There is neither specific provision for enforceability nor any specific prohibition. However, Fundamental Duties have an inherent element of compulsion regarding compliance. Out of the ten clauses in article 51A, five are positive duties and the other five are negative duties. Clauses (b), (d), (f), (h) and (j) require the citizens to perform these Fundamental Duties actively. It is said that by their nature, it is not practicable to enforce the Fundamental Duties and they must be left to the will and aspiration of the citizens. However, in the case of citizens holding public office, each and all Fundamental Duties can be enforced by suitable legislation and departmental rules of conduct. Appropriate sanctions can be provided for lapse in respect of each Fundamental Duty and it is quite practicable to enforce the sanction against every citizen holding a public office; for instance, departmental promotions can be deferred, increments can be withheld, etc. If an officer takes part in a strike or stalls the proceedings of his institution, he can be made to forgo the salary for that day.

 

For the proper enforcement of duties, it is necessary that it should be known to all. This should be done by a systematic and intensive education of people that is by publicity or by making it a part of education. The Law minister has himself suggested it.

 

In M.C. Mehta (2) v. Union of India, the Supreme Court has held that under Art. 51-A (g) it is the duty of the Central Government to introduce compulsory teaching of lessons at least for one hour in a week on protection and improvement of natural environment in all the educational institution of the country.

 

In AIIMS Students Union v. AIIMS, speaking about the importance of Fundamental Duties enriched in Article 51-A while striking down the institutional reservation of 33% in AIIMS coupled with 50% reservation discipline wise as violative of Article 14 of the Constitution, the Supreme Court said that they are equally important like fundamental rights.

2. Inception of the Indian Constitution

The Constitution of India came into force on 26 January 1950. Since then, the day is celebrated as Republic Day. However, before 1950, 26 January was called Independence Day. Since 26 January 1930, it was the day on which thousands of people, in villages, in mohallas, in towns, in small and big groups would take the independence pledge, committing them to the complete independence of India from British rule. It was only fitting that the new republic should come into being on that day, marking from its very inception the continuity between the struggle for independence and the adoption of the Constitution that made India a Republic.

 

The process of the evolution of the Constitution began many decades before 26 January 1950 and has continued unabated since. Its origins lie deeply embedded in the struggle for independence from Britain and in the movements for responsible and constitutional government in the princely states. Constitution is the supreme law of India. It is the longest written constitution of any sovereign country in the world, containing 448 articles in 25 parts, 12 schedules and 97 amendments. Besides the English version, there is an official Hindi translation. B. R. Ambedkar is the Chief Architect of Indian Constitution. Constitution was enacted by the Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950.[5]

 

It declares India to be a sovereign, socialist, secular, democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among them. Constitution was formed on the 26th of November in 1949 by the Constituent Assembly and came into force on the 26th of January 1950. Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.

 

In 1946, the British decided to examine the possibility of granting independence to India. As a result, a British cabinet mission was despatched to India to hold discussions with the representatives of British India and the Indian States in order to agree on the framework for writing a constitution, and, to set up a constituent body and an executive council. Following this mission and the ensuing negotiations, a Constituent Assembly was indirectly elected by the provincial legislatures comprising 278 representatives and 15 women. Parties represented in the CA were the Congress Party which had a majority, Muslim League, Scheduled Caste Federation, the Indian Communist Party and the Union Party. The CA met for the first time in December 1946 and by November 1949 the draft constitution was approved. The constitution went into effect in January 1950 and the CA was transformed into a Provisional Parliament.

 

The Constitution which is still in force has been amended over 90 times making it one of the most frequently amended constitutions in the world. It is also known to be one of the longest and most detailed in the world with 395 articles and 10 appendixes called schedules.

Key timelines in the 1948 constitutional process

1946     Britain decides on to grant independence to India and cabinet mission is dispatched to India to discuss modalities for transfer of power

14 August 1947 Proposal for creation of committees is tabled

29 August 1947 Drafting committee is established

6 December 1947          Constituent Assembly formally convenes for the first time, following elections, to start the process of writing a constitution.

4 November 1947          Draft is finalized and submitted

1948 – 1949      Constituent Assembly meets in sessions open to the public

26 November 1949         Constituent Assembly adopts final draft making it official

26 January 1950            Entry into force of the new constitution

 

3. Fundamental Duties

Fundamental Duties of the citizens of India mentioned in Article 51A of the Indian Constitution. By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated.

 

Following are the Fundamental Duties under the Constitution of India which is given in Part IV-A of the Constitution of India which was inserted by the (42nd Amendment) Act, 1976.

It shall be the duty of every citizens of India-

a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

 

b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

 

c) to uphold and protect the sovereignty, unity and integrity of India;

 

d) to defend the country and render national service when called upon to do so;

 

e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

 

f) to value and preserve the rich heritage of our composite culture;

 

g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

 

h) to develop the scientific temper, humanism and the spirit of inquiry and reform;

 

i) to safeguard public property and to abjure violence;

 

j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.]

 

[(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.]

 

The Fundamental duties have been incorporated in the constitution to remind every citizen that they should not only be conscious of their rights but also of their duties. The concept of Fundamental Duties was taken from the constitution of USSR along with the concept of Five Year Plan.

 

Part IV-A of the Constitution (Forty-second Amendment) Act, 1976, in accordance with the recommendations of the Swaran Singh Committee in order to bring out Constitution in line with Article 29 (1) of the Universal Declaration of Human Rights, 1948 and the Constitutions of countries like Japan, China, U.S.S.R. etc.

Article 29 (1) of the Universal Declaration of Human rights, 1948, states:

“Everyone has duties to the community in which alone the free and full development of his personality is possible.”

 

It is the basic principle of jurisprudence that every right has a correlative duty and every duty has a correlative Right. But the rule is not absolute. It is subject to certain exceptions in the sense that a person may have a right, but there may not be a correlative duty.

 

In Chandra Bhawan Boarding v. State of Mysore, the Supreme court made the following observation prior to the insertion of Article 51-A:

 

“It is a fallacy to think that our Constitution, there are only rights and no duties. The provisions in Part IV enables the legislature to build a welfare society and that object may be achieved to the extent the Directive Principles are implemented by legislation.”

 

The Supreme Court has referred to these duties in the context of clause (g)--pollution matters and Clause (j)--excellence in the civil service.

 

In A.I.I.M.S. Student’s Union v. A.I.I.M.S., a three-Judge Bench of the Supreme Court made it clear that fundamental duties, though not enforceable by a writ of the court, yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. In case of doubt, peoples’ wish as expressed through Article 51-A can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts. The fundamental duties must be given their full meaning as expected by the enactment of the Forty-second Amendment.

 

In Mohan Kumar Singhania v. Union of India, a governmental decision to give utmost importance to the training programme of the indian Administrative Service selectees was upheld by deriving support from Article 51-A (i) of the Constitution, holding that the governmental decision was in consonance with one of the fundamental duties.

 

In Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, a complete ban and closing of mining operation carried on in Mussoorie hills was held to be sustainable by deriving support from the fundamental duty as enshrined in Article 51-A (g) of the Constitution. The court held that preservation of the environment and keeping the ecological balance unaffected in a task which not only government but also every citizen must undertake. It is a social obligation of the state as well as of the individuals.

4. Enforceability of Fundamental Duties

The fundamental duties enjoined on citizen under Article 51-A should also guide the legislative and executive actions of elected or non-elected institutions and organisations of the citizens including the municipal bodies.

 

Duties are observed by individuals as a result of dictates of the social system the environment in which one lives, under the influence of role models, or on account of punitive provisions of law. It may be necessary to enact suitable legislation wherever necessary to require obedience of obligations by the citizens. If the existing laws are inadequate to enforce the needed discipline, the legislative vacuum needs to be filled. If legislation and judicial directions are available and still there are violations of duties by the citizens, this would call for other strategies for making them operational.

 

The legal utility of fundamental duties is similar to that of the directives; while the Directives are addressed to the state, so are the duties addressed to the citizens, without any legal sanction for their violation. The citizen, it is expected, should be his own monitor while exercising and enforcing his Fundamental rights. He should keep in mind that he owes the duties specified in Article 51-A to the State and if he does not care for the duties, he does not deserve the rights.

 

of course, the duties as such are not legally enforceable in the Courts of law, but if a law has been made to prohibit any act or conduct in violation of the duties, it would be reasonable restriction on the relevant Fundamental Rights.

 

However, the fundamental Duties are not enforceable by mandamus or any other legal remedy

 

Directions to State/Central Government.—Since the Fundamental Duties are not addressed to the State, a citizen cannot claim that he must be properly equipped by the state so that he may perform his duties under Article 51-A. However, the Supreme Court has issued directions to the States, having regard to Article 51-A (g).

 

Protection of environmental—Duty of.—In view of the duty to protect and improve the natural environment including forests, lakes, rivers and wild-life and to have compassion for living creatures imposed on the citizens under Article 51-A (g) of the Constitution, the Supreme Court has held that it is a duty of the Central Government to take a number of steps in order to make this provision effective, and issued the following directions to the Central Government—

 

a) To direct all educational institutions throughout India to give weekly lessons in the first ten classes, relating to the protection and improvement of the natural environment including forest, lake, rivers and wild life.

 

b) To get text books written for the said purpose and to distribute them free of cost.

 

c) To introduce short term courses for training of teachers who teach this subject.

 

d) Not only the Central Government but also the State Government and local authorities are to introduce cleanliness weeks when all citizens including member of Executive, the Legislature and the judiciary should render free personal service to keep their local areas free from pollution of land, water and air.

 

5. Conclusion

The Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State. The Fundamental Duties are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties, set out in Part IV–A of the Constitution concern individuals and the nation. Citizens are morally obligated by the Constitution to perform these duties. The Fundamental Duties are however, not legally enforceable, i.e. without any legal sanction in case of their violation or non-compliance.

 

There is a need for these duties to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law, or else the law stands in a very disadvantageous position. The Supreme Court has finally, issued directions to the State in this regard, with a view towards making the provisions effective and enabling a citizens to properly perform their duties properly. This project was an attempt to check the enforceability of the fundamental duties under the different statutes, which have been references to the Indian Constitution.

 

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

 

 

DECLARATION


Name : ...........................NAGARAJA.M.R.


Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA


Professional / Trade Title : S.O.S - e – Voice For Justice


Periodicity : WEEKLY


Circulation : FOR FREE DISTRIBUTION ON WEB


Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .


Monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.


Owner/editor/printer/publisher : NAGARAJA.M.R.


Nationality : INDIAN


Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore             ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.


Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.


Home page : 

http://evoiceforjustice.dalitonline.in/  ,

http://in.groups.yahoo.com/group/sosevoiceforjustice/ , http://groups.google.co.in/group/hrwepaper / , 

http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.

 

Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

 

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.

 

date :  26.02..2017…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

 

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

 http://in.groups.yahoo.com/group/sosevoiceforjustice/ ,  http://groups.google.co.in/group/hrwepaper / , 

 http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,

http://www.amnesty.org/en/user/naghrw  

A   Member  of  Amnesty  International   

 


Posted by naghrw at 10:53 AM
Saturday, 18 February 2017
SHAME SHAME Judges
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.09........04  / 03 / 2017

 

·  27 atrocities against Dalits every day 
·  13 Dalits murdered every week 
·  5 Dalits' homes or possessions burnt every week 
·  6 Dalits kidnapped or abducted every week 
·  3 Dalit women raped every day 
·  11 Dalits beaten every day 
·  A crime committed against a Dalit every 18 minutes· 

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  on   Dalits by Judges  - SHAME SHAME

-          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.  Why  NOT criminal prosecution of guilty   judges   who commited atrocities on dalits  under SC / ST  Atrocities prevention act is  not taken , till it’s logical end ? are judges above law ? why such guilty judges are put behind bars for this non bailable offence ?  only transfer or resignation  of judges  will not serve the purpose , they must be put behind bars & legally prosecuted for their heinous crimes . Is the not the apex court is also practicing double standards & indirectly  aiding atrocities on dalits ? Read following sample cases of “Atrocities on Dalits committed by Judges”.

15.    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

 

Allegations of dalit atrocities and nepotism against CV Nagarjuna Reddy J. of Andhra Pradesh

 

The Campaign for Judicial Accountability and Reforms (CJAR) has written to Chief Justice of India TS Thakur seeking initiation of in-house proceedings against Justice CV Nagarjuna Reddy for alleged atrocities against members of Dalit community.

In a 9-page letter written on August 30 this year, the CJAR has detailed various allegations against the sitting judge including a detailed account of “criminal misconduct” against a dalit magistrate.

According to the letter, one Rama Krishna, a Principal Junior Civil judge in Kadappa District, was forced by Justice Nagarjuna Reddy to remove the name of Pavan Kumar Reddy from a dying declaration recorded by Rama Krishna when he was posted as a magistrate. Pavan Reddy  happens to be the brother of Justice Reddy.

As per the dying declaration given by the victim, Pavan Reddy had doused the victim with petrol and set him of fire when he refused to sign on a blank paper.

“Soon thereafter, on 30.11.2012, it is alleged by Mr. Rama Krishna that Justice Nagarjuna Reddy rang him up, and directed him to remove his brother’s name from the dying declaration. Mr. Rama Krishna also alleges that he was threatened and abused by the said judge when he refused to accede to his request.”

It has also been alleged that the Magistrate was later summoned to Justice Nagarjuna Reddy’s house where,

“….Pavan Reddy and Justice C.V. Nagarjuna Reddy abused him and beat him up. He further alleges that Justice C. V. Nagarjuna Reddy kicked him with his shoes and abused his caste”.

It is Rama Krishna’s allegation that he was victimised following this incident by “unexplained” transfers and suspensions.

Another allegation against the judge is the abuse of power to get that very Pavan Reddy appointed as Additional Public Prosecutor.

“Mr. Pavan Kumar Reddy was appointed as Additional Public Prosecutor in the year 2006 for a period of three years in contravention of the law that mandates seven years of continuous practice as an advocate prior to appointment as an Additional Public Prosecutor.”

Based on the above, CJAR has not only sought an in-house enquiry but has also asked for the suspension of judicial work assigned to Justice Reddy. Chief Justice Thakur has not responded to CJAR’s representation yet.

This is the second such allegation against a sitting judge of High Court of Telangana and Andhra Pradesh.

In 2015, an Additional District judge from Andhra Pradesh had approached the Supreme Court under Article 32 alleging caste discrimination by a sitting High Court judge, Justice M Satyanarayana Murthy.

The Supreme Court had, however, refused to admit the matter with a Bench presided by then Chief Justice Dattu likening the case to a service matter and observing that the case was a grievance of an individual and cannot be considered as a case pertaining to Fundamental rights.

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

Sixty one Rajya Sabha members have moved a petition for impeachment proceedings against Justice CV Nagarjuna Reddy of the Andhra Pradesh/Telangana High Court.

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The following are the main allegations against the Judge

Misused his position as HC judge to ‘victimize’ a ‘Dalit’ Judge

The impeachment motion describes the allegation made by Mr. Rama Krishna, formerly Principal Junior Civil Judge, Rayachoty, Kadapa District, currently under suspension, that he was forced by Justice C.V. Nagarjuna Reddy to remove the name of Mr. Pavan Kumar Reddy who happens to be the brother of Justice Reddy, from a dying declaration recorded by Mr. Rama Krishna when he was posted as Magistrate in Rayachoty. He alleged that Justice Reddy had summoned him to his home and when he refused to remove the name of his brother from the dying declaration, he kicked him with his shoes and abused his caste.

Charges of Dalit atrocity against spouse, daughter and brother

Another incident of alleged Dalit atrocity pertaining to the registration of an FIR by the ‘Dalit’ tenants against Justice C.V. Nagarjuna Reddy’s wife and daughter, is also mentioned. There also allegations that Mr. Pavan Kumar Reddy commits these various atrocities against the Dalits community under the protective banner of his brother, Justice C.V. Nagarjuna Reddy’s influence

Disproportionate income

The motion also alleges that Justice Reddy abused his position to amass several movable and immovable properties crores of rupees disproportionate to his known sources of income.

Non-Disclosure of Assets and Liabilities

Yet another allegation against Justice Reddy is that he has not disclosed his assets and liabilities in violation of the Code of Conduct that mandates declaration of assets of oneself and dependents by all the judges.

Misconduct when he was an Advocate

It is also mentioned in the impeachment motion that Justice Reddy committed misconduct while he was working as Standing Counsel, for the High Court of Andhra Pradesh.

 

 

India's courts 'condone' Dalit atrocities

 

Caste-blind judiciary fails Dalit victims as number of sex attacks are reported against former untouchables.

 Twenty two years ago, in Bhateri village in the western Indian state of Rajasthan, Bhanwari Devi was gang-raped by five men. The reason was neither lust nor just patriarchy. Devi’s fault was that as a lower-caste woman, she had dared to transgress the age old strictures of caste - by protesting against the practice of child marriage, which was a staple among the upper-castes. Hence, he was meted out a "deserving punishment". 

When the matter finally reached the court, the judge acquitted all the five rapists, holding, among a host of other reasons, that since the upper castes practised strict untouchability, it was inconceivable that any of the five would touch a lower caste woman. Till today, Devi remains deprived of justice.

Now that there is a tidal wave of opprobrium and condemnation against the gang-rapes and murder at Badaun in northern Uttar Pradesh state and the gang-rapes in Bhagana, Haryana, the next question one is confronted with is - will justice be done? And if so, how?

While investigations are still on, and arrests have been made, it is only the first step. The final outcome in the courts is all that matters, and it is here that there is cause for much alarm and disappointment. For, India’s courts have consistently failed the Dalits (untouchables) by steadfastly refusing to acknowledge that sexual violence is perpetrated because of a woman's caste.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly known as PoA Act, recognises rape and other forms of sexual violence as an "atrocity"- an aggravated offence, as opposed to the general crime of rape. The reason is that an atrocity, as philosopher Claudia Card defines it, is a "gross evil - the widespread toleration of wrongfully perpetrated intolerable harm to individuals".

Because Dalit women's bodies are stigmatised - they are considered expendable and justifiably available for recreational (pleasure-seeking) or punitive purposes of upper-caste men, the law seeks to bring in substantive equality by recognising the lived reality of the victims.

Therefore, it is imperative for courts to recognise that the sine qua non for the deeming rape as an atrocity under the law is that the violence was perpetrated on the ground that the victim hailed from a lower caste.

Tragically, it is here that the judicial record is one of abject failure. Not only have the judges refused to acknowledge the reality of caste, but have also attributed reasons such as "unrequited passion", "exploration of sexuality" and let off the accused. Even if there is a conviction for rape, an acquittal from the charges of atrocity renders justice not only incomplete, but also as a travesty.

Khairlanji village in western Maharashtra state stands out as the most infamous example in recent times. On September 26, 2006, four members of Suresh Bhotmange's (a Dalit) family were killed in the most gruesome manner. His wife and daughter were stripped, thrashed, and paraded naked through the village, before being subjected to a fiendish gang-rape.

Nothing was left....knives, iron rods, spikes of bullock cart wheels- everything was thrust in their private parts. Bhotmange's "crime" was the police complaint that he had lodged against the upper-caste Hindus grabbing the plot of land that was rightfully his.

The autopsy was done in the shoddiest manner - no efforts were made to test for rape, even though the naked bodies of the two women lay in the village for a considerable period of time. All the accused who were arrested were convicted by the trial court of murder and other offences, but not for rape.

Worse was in store in the Bombay High Court. In its 2010 judgement, the court put down the atrocities to reasons of personal rivalry and individual revenge. Shockingly, the court went to considerable lengths to hold that because there was no evidence, no rape had been committed - completely ignoring the harsh reality - that there would be no witnesses, and that the trial court had committed a glaring omission by ignoring evident facts. If the naked and badly mangled bodies of Dalit women did not stir the court to acknowledge sexual atrocity, perhaps nothing else could have. The appeal against the high court’s judgement remains undecided till this date.

The case of Hanamath was an appeal to the Karnataka High Court against the conviction of four men for gang-raping a 15-year-old Dalit girl. The court upheld the conviction of rape because it could have done little else - all the proof - eyewitness testimony and forensic evidence were stacked against the accused. But when it came to holding the culprits guilty under the PoA Act, the court not only demonstrated its blindness to caste, but took the "boys will be boys" line of reasoning, holding that the gang-rape was "a lustful act of misguided youth".

Leave aside convictions. How does one prove to the court that a rape was committed because the perpetrators wanted to exercise their upper caste power and pelf? There cannot be any rule of evidence, except that of social reality - that the caste system, in all its vicious manifestations, exists.

Hence, the Supreme Court's judgement in Ramdas (2006) rankles, and rankles hard. In the dead of night, three men dragged out a young woman of the low-ranking Pardhi caste and raped her. This was after she had refused to obey their summons, belonging to a landowning upper-caste, who wanted her to satisfy their carnal desires.

Of course, they wouldn’t have had the temerity to exercise the same obnoxious power on a woman of their own, or a higher caste, but then, Dalit women are fair game!

But the court was not inclined to accept this, and held - "The mere fact that the victim happened to be a girl belonging to a scheduled (lower) caste does not attract the provisions of the (PoA) Act."

When a judgement of the Supreme Court deals a body blow to the very foundations of the law which aims to protect, impunity will certainly continue, unabated.

 

 

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

https://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.

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

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Posted by naghrw at 11:23 PM
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

https://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.

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

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Posted by naghrw at 11:58 AM
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
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.

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

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A   Member  of  Amnesty  International   

 


Posted by naghrw at 7:21 AM
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:

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.

 

40 Journalists Killed in India

 

Rajdev Ranjan, Hindustan

     May 13, 2016, in Siwan, Bihar, India

Karun Misra, Jansandesh Times

     February 13, 2016, in Sultanpur, Uttar Pradesh, India

Jagendra Singh, Freelance

     June 8, 2015, in Shahjahanpur district, Uttar Pradesh, India

MVN Shankar, Andhra Prabha

     November 26, 2014, in Andhra Pradesh, India

Tarun Kumar Acharya, Kanak TV, Sambad

     May 27, 2014, in Odisha, India

Sai Reddy, Deshbandhu

     December 6, 2013, in Bijapur District, India

Rajesh Verma, IBN 7

     September 7, 2013, in Muzaffarnagar, Uttar Pradesh, India

Rakesh Sharma, Aaj

     August 23, 2013, in Etawah, Uttar Pradesh, India

Narendra Dabholkar, Sadhana

     August 20, 2013, in Pune, India

Dwijamani Singh, Prime News

     December 23, 2012, in Imphal, India

Rajesh Mishra, Media Raj

     March 1, 2012, in Rewa, India

Umesh Rajput, Nai Dunia

     January 23, 2011, in Raipur district, India

Vijay Pratap Singh, Indian Express

     July 20, 2010, in Allahabad, India

Anil Mazumdar, Aji

     March 24, 2009, in Rajgarh, Assam, India

Vikas Ranjan, Hindustan

     November 25, 2008, in Rosera, India

Javed Ahmed Mir, Channel 9

     August 13, 2008, in Srinagar, India

Ashok Sodhi, Daily Excelsior

     May 11, 2008, in Samba, India

Mohammed Muslimuddin, Asomiya Pratidin

     April 1, 2008, in Barpukhuri, India

Prahlad Goala, Asomiya Khabar

     January 6, 2006, in Golaghat, India

Asiya Jeelani, freelance

     April 20, 2004, in Kashmir, India

Veeraboina Yadagiri, Andhra Prabha

     February 21, 2004, in Medak, India

Parvaz Mohammed Sultan, News and Feature Alliance

     January 31, 2003, in Srinagar, India

Ram Chander Chaterpatti, Poora Sach

     November 21, 2002, in Sirsa, India

Moolchand Yadav, Freelance

     July 30, 2001, in Jhansi, India

Pradeep Bhatia, The Hindustan Times

     August 10, 2000, in Srinagar, India

S. Gangadhara Raju, Eenadu Television (E-TV)

     November 19, 1997, in Hyderabad, India

S. Krishna, Eenadu Television (E-TV)

     November 19, 1997, in Hyderabad, India

G. Raja Sekhar, Eenadu Television (E-TV)

     November 19, 1997, in Hyderabad, India

Jagadish Babu, Eenadu Television (E-TV)

     November 19, 1997, in Hyderabad, India

P. Srinivas Rao, Eenadu Television (E-TV)

     November 19, 1997, in Hyderabad, India

Saidan Shafi, Doordarshan TV

     March 16, 1997, in Srinagar, India

Altaf Ahmed Faktoo, Doordarshan TV

     January 1, 1997, in Srinagar, India

Parag Kumar Das, Asomiya Pratidin

     May 17, 1996, in Assam, India

Ghulam Rasool Sheikh, Rehnuma-e-Kashmir and Saffron Times

     April 10, 1996, in Pampore, Kashmir, India

Mushtaq Ali, Agence France-Presse and Asian News International

     September 10, 1995, in Srinagar, India

Ghulam Muhammad Lone, Freelancer

     August 29, 1994, in Kangan, India

Dinesh Pathak, Sandesh

     May 22, 1993, in Baroda, India

Bhola Nath Masoom, Hind Samachar

     January 31, 1993, in Rajpura, India

M. L. Manchanda, All India Radio

     May 18, 1992, in Patiala, India

Ram Singh Biling, Azdi Awaz, Daily Ajit

     January 3, 1992, in Jalandhar, India

M. Vinod Kumar, Dinakaran

     May 7, 2007, in Madurai, Tamil Nadu, India

K. Muthuranalingam, Dinakaran

     May 7, 2007, in Madurai, Tamil Nadu, India

G. Gopinath, Dinakaran

     May 7, 2007, in Madurai, Tamil Nadu, India

 

Dharmendra Singh, Dainik Bhaskar

     November 12, 2016, in Sasaram, Bihar, India

Kishore Dave, Jai Hind

     August 22, 2016, in Junagadh, Gujarat, India

Akhilesh Pratap, Taaza TV

     May 12, 2016, in Chatra, Jharkhand, India

Hemant Yadav, TV24

     October 3, 2015, in Dheena, India

Akshay Singh, Aaj Tak

     July 4, 2015, in Meghnagar, Madhya Pradesh, India

Sandeep Kothari, Freelance

     June 19 or 20, 2015, in Wardha District, Maharashtra, India

Jitendra Singh, Prabhat Khabhar

     April 27, 2013, in Jharkhand, India

Nemi Chand Jain, Freelance

     February 12, 2013, in Chhattisgarh, India

Chaitali Santra, Freelance

     September 26, 2012, in South Baksara, India

Chandrika Rai, Navbharat and The Hitavada

     February 18, 2012, in Umaria, India

Jyotirmoy Dey, Midday

     June 11, 2011, in Powai, India

Sushil Pathak, Dainik Bhaskar

     December 20, 2010, in Bilaspur, Chhattisgarh, India

Hem Chandra Pandey (Hemant Pandey), Freelance

     July 2, 2010, in Andhra Pradesh, India

Jagjit Saikia, Amar Asom

     November 20, 2008, in Kokrajhar, India

Arun Narayan Dekate, Tarun Bharat

     June 10, 2006, in Nagpur, India

Dilip Mohapatra, Aji Kagoj

     November 8, 2004, in Bhagirathipur, Odisha , India

Parmanand Goyal, Punjab Kesari

     September 18, 2003, in Kaithal, India

Indra Mohan Hakasam, Amar Assam

     June 24, 2003, in Goalpara, Assam, India

Yambem Meghajit Singh, Northeast Vision

     October 13, 2002, in Manipur State, India

Paritosh Pandey, Jansatta Express

     April 14, 2002, in Lucknow, India

Thounaojam Brajamani Singh, Manipur News

     August 20, 2000, in Imphal, Manipur, India

V. Selvaraj, Nakkeeran

     July 31, 2000, in Perambalur, Tamil Nadu, India

Adhir Rai, Freelancer

     March 18, 2000, in Deoghar, Jharkand, India

N.A. Lalruhlu, Shan

     October 10, 1999, in Manipur, India

Irfan Hussain, Outlook

     March 13, 1999, in New Delhi, India

Shivani Bhatnagar, Indian Express

     January 23, 1999, in New Delhi, India

Bakshi Tirath Singh, Hind Samachar

     February 27, 1992, in Dhuri, India 

 

 

 

DECLARATION


Name : ...........................NAGARAJA.M.R.


Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA


Professional / Trade Title : S.O.S - e – Voice For Justice


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Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .


Monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.


Owner/editor/printer/publisher : NAGARAJA.M.R.


Nationality : INDIAN


Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore             ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.


Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.


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Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.

 

Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

 

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.

 

date :  28.01..2017…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

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http://evoiceforjustice.dalitonline.in/  ,

 http://in.groups.yahoo.com/group/sosevoiceforjustice/ ,  http://groups.google.co.in/group/hrwepaper / , 

 http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,

http://www.amnesty.org/en/user/naghrw  

A   Member  of  Amnesty  International   

 


Posted by naghrw at 2:12 PM
Thursday, 26 January 2017
Cross Exam Judges & 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.04........28 / 01 / 2017

 





Editorial :  Cross  Examination of Judges & Police

Honourable CJI , Union Home Secretary ,  Chief Justices , DG & IG  of Police of all States , UTs  FIRST   Answer   Questions

 Our  whole hearted respects  to  honest  few  working  in  judiciary , police & public service. Our  comments  are  only directed  towards  corrupt  judges  , corrupt police , corrupt  public servants and the term “JUDGE” includes all public officials performing judicial , quasi judicial functions.  

Judges , Police are  NOT answering our  following RTI Questions NOR admitting our PILs since years. Both  of  them  are  denying  information   leading  to  crimes , covering up crimes.  Thereby , both of them  are aiding anti nationals , criminals.  Who will prosecute these guilty judges & police ?

 Powers that be , cabinet ministers , judges are simply  sending my petitions  to  police , to ensure closure of  files. In most of the cases police does not have the  power  nor  jurisdiction  and in the remaining cases   they need  written legal sanction from  president of india  or  governor or  from their  ministry  head   to  legally  prosecute  high  &  mighty  but  legal  sanctions are not given.  Ultimate  aim of  the  judges , ministers , police  is  to  close  the  file  , to bury  the  TRUTH.  They  transfer the case to  police ,  so  that  under the threat of  khaki power   complainant  becomes  silent.

I have  been summoned  to  police  station  tens  of  times  without   legal  summons  to  give  statements , by  the way  I have  lost  money , daily wages , transportation cost. No compensation for that  were paid to me. Rich , mighty  criminals were not even summoned once why ?   Police  question  commoners   for  hours  in some  cases  even  apply  3rd  degree   TORTURE  on common  people   to get  answers. Why  police  are   NOT  questioning   rich  , mighty  criminals ,  criminals  within the police force & judiciary , why  NOT  police  are  applying  3rd  degree TORTURE  on  those  CRIMINAL  POLICE  , JUDGEs  to elicit  truth  in national interest.

In  courts of  justice  , common people  are  subjected  to  rigorous  questioning  by  prosecution , defense lawyers and  judges. In  the  same  way  when  you  judges &  police themselves  are in the dock , why  can not  you be questioned  to elicit truth in national interest. Are  YOU  Judges &  Police  special , exceptions , above  LAW ?

  My  petitions  have  been transferred  tens  of times  to police  whether  they have  jurisdiction over it , whether they have legal  sanction  to enquire it or  NOT. All the files  were closed  by  recording  my statement  without  any  enquiry  of  high , mighty criminals.  We  need  JUSTICE  in  all  the  cases , before  summoning me to police  station  summon  high , mighty  criminals  to  police  station  FIRST , before  questioning  me  YOU  Judges  and  Police  ANSWER  our  questions   FIRST ,  act  on  our  PILs  FIRST.  We  the public  want to know  under  who’s  behest  you  JUDGEs , POLICE  are  burying  the  truth , cases , files ,  our   appeals.

  Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

 

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

 

RTI   Appeals  Not  Answered   by  SUPREME  COURT  OF  INDIA  - Crimes  Cover-up

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA 

 

 FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

 ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 "Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges.  Some of the below  mentioned  judges  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters.

 Eventhough  the information is readily available with SCI , information was denied citing unavailability.  If at all information is not truly available , why didn’t the   CPIO  TRANSFER rti  application to concerned departments of SCI  , Ministry of Law , Justice , Respective High Courts , etc.

Does not court administarative officer  posess  SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person  who posess SR  can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to  prosecute  that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is  Judge’s  MAFIA  at play ?

The  action  of  CPIO  SCI  amounts  to cover up  of judges & their crimes. Thereby  , CPIO  is also committing  a crime. With respect  to previous RTI Appeals  also  CPIO & RTI  First Appellate Authority  SCI  have repeatedly  committed  crimes  by  covering up  judges & their crimes.  Billions of indians  are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them  / shame to JUDGEs that they  draw  pay  &  perks  amounting to lakhs of rupees from our money , from taxes paid by us still not do their  constitutional duties properly.

 GIVE  WHAT  ACTION HAS BEEN  TAKEN AGAINST  THE  GUILTY JUDGES   MENTIONED  IN THE BELOW MENTIONED WEB SITES & FOLLOWING  ARTICLES.

 We salute honest few in public service ,  Judiciary , police , parliament  & state  legislative assemblies. our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.  I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,  

 Atrocities on  Women  by  JUDGES

https://sites.google.com/site/eclarionofdalit/atrocities-by-judges     

   A – Z   of   Manipulation  of  Indian  Legal  System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System  ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal  ,

 Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND

https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,   

Rajiv Gandhi Assassination Cover-up

https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up  ,

SHAME  SHAME  MPs  &  MLAs

https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas  ,

JUDGEs  or  Brokers  of  Justice

https://sites.google.com/site/sosevoiceforjustice/judges-or-brokers-of-justice ,

 RTI  &  Land  Golmaal

https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka  ,

https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,

https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams  ,

 Hereby ,  we  do request  CPIO  O/O  Honourable Chief Justice of India  , Supreme Court  of India , New Delhi  to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges  are public servants drawing salary & perks from public exchequer  and accountable to public as any other  common man  is.

Please give following  information  :

Main  A :

1.    Please give me The address  of salary disbursing officer in supreme court of india. Salary disbursing officer will be maintaining service records  of all employees of supreme court of india including judges. These records are used for disciplinary action , promotion , transfer of judges. If not within SCI , please give the address of the  outside public  official who maintains  service records of supreme court  judges and kindly compile  information from him and give it to me  orelse  transfer my RTI application to him.

2.    Please give me the list of serving as well as retired supreme court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution  or not taking action.

3.    Please give me the list of serving as well as retired  high  court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution  or not taking action.

4.    Please give me the list of serving as well as retired  district & taluk  court judges with allegations against them and the action taken thereof. Reasons for taking action / criminal prosecution  or not taking action.

5.    Some of the high courts are demanding higher RTI application fees  than stipulated by law. Eventhough  requisite fees  has been paid  before transfer of RTI application to high courts. Please give me the details of action taken by supreme court of india  against erring high courts.

6.    Give me the List of petitions  with date  made by Shri . Nagaraja Mysore Raghupathi alias Nagaraja M R  TO SUPREME COURT OF INDIA THROUGH POST , THROUGH E-MAIL & THROUGH   website  of  DPG / DARPG.  Action taken or not taken with reasons thereof with respect to each petition.

7.    Please give me list of actions , follow up actions taken by supreme  court of india , to safe guard the  HUMAN RIGHTS & FUNDAMENTAL RIGHTS of  Nagaraja M R editor of SOS e Clarion of Dalit  & SOS e Voice for justice. He repeatedly  appealed to SCI  highlighting  violations of his human rights & fundamental rights. After appealing to SCI only  editor Nagaraja M R suffered more injustices , attempts on his life , etc  , may  be JUDGE’s MAFIA  is in deal with outside MAFIA. Police are helpless & practically don’t have  power to question supreme court judges & other VVIPs. Did SCI constitute SCI monitored enquiry committee  with full legal authority to look into the issue.  

8.    Judges preach too much & practice less. They give  lectures , judgements   running into hundreds  of pages  eliciting legality, moral virtues , humanity , etc.  But cover up information leading to crimes / accountability of judges.  The judges  committee  like a mafia deals it within  without subjecting the accussed judge to public scrutiny & public trial. It is almost similar to a  whore / bitch  giving a lecture on virginity  to women.  To refresh your memory  , Please  go through following websites  to  know about facts , actual cases of  crimes by judges. Please give us information  regarding action taken or not taken with reasons there of  with respect to each case mentioned in the  following websites:

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,

https://sites.google.com/site/eclarionofdalit/atrocities-by-judges ,

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,

 

9.    Please give me the list of actions , follow up actions taken by supreme court of india to safeguard the human rights of prisoners  , witnesses & evidences .

10.  Please give me the list of actions , follow up actions taken by  high courts  of  india  to safeguard the human rights of prisoners  , witnesses & evidences .

11.  Please give me the list of supreme court judges , high court judges & district / taluk judges  (both serving & retired) who received favourable allotment of sites , etc  which is nothing but a form of kick back  for favours  shown by judge. Please give me the list of action taken or not taken  by supreme court of india  with reasons  thereof  in each case.

12.  Please give me the list of action taken against  by supreme court of india  against  CPIO &  PIO  of supreme court of india  , who repeatedly failed to give  me information . thereby , CPIO & PIO are covering up crimes of guilty judges , violating RTI Act & violating human rights / fundamental rights of editor Nagaraja M R together with public.

 

Main  B :

 1 . How many judges are booked for graft , sexual crimes , crimes against women , irregularities , amassing disproportionate wealth , failure of duty , getting illegal allotment of sites & other crimes since independence till date , yearwise ?

2. what action taken casewise ?

3. are the action taken similar to commoners , common people committing same type of crimes ?

4. did all the cases handled by tainted judges subjected to review , retrial by other honest judges ?

5. how many advocates were prosecuted by court for influencing witnesses / evidences , for tutored / concocted evidences , etc since independence till date , yearwise ? what action ?  if not why ?

6. how many police officials / law enforcing officials were prosecuted by court for influencing , intimidating witnesses through threats , 3rddegree torture , for concocted evidences , etc since independence till date , yearwise ? what action ? if not why ?

7. how many police / law enforcement officials  were prosecuted for lock-up deaths , fake encounters , illegal detention , 3rd degree torture , etc since independence till date , yearwise ? what  action ? if not why ?

8. in how many cases police / law enforcement officials were made to pay compensation to innocent victims who were wrongly charged , detained & tortured , murdered by police , since independence till date , yearwise ? what action ? if not why ?

9. in some cases , on appeal judgements of higher court  turns down the judgement of lower court. In how many such cases , lower court judge is made to pay compensation  to victims of their wrong judgement , since independence till date  yearwise ? what action ? if not why ?

10. how many judges have defaulted in filing their annual  financial returns giving out their wealth , income details , yearwise since  independence till date ? what action ? if not why ?

11. how you are verifying the annual financial returns of judges ?

12. since independence , how many convicts have been sentenced to “death by hanging” , yearwise ?

13. how many death sentances were carried out & how many are pending ?

14. how many police officials were made to pay compensation  & prosecuted for defamation , when innocents falsely charged by police were acquitted , dropped from charges by courts ? if not why ?

15. how many lower court judges were made to pay compensation & prosecuted for defamation , when innocents  wrongly convicted by lower court , but on appeal higher courts acquitting , dropping them of charges ? if not why ?

16. are judges getting paid from public exchequer , for their expenses on liquor / alcohol , body massages , etc in their  TA  DA  bill  while on  tour , official visits , official parties hosted by judges ?

17. how many appeals for justice concerning public welfare , violation of human & fundamental rights , threat to lives / livelihood , etc  were made to supreme court of india , by nagaraja mysore raghupathi alias nagaraja M R alias myself since 1990 till date ? appeals were made through ordinary post , registered post , e-mail & by web through DARPG , DPG. What  ACTION taken by supreme court of india with  respect to each appeal ?

18.  due to negligence / connivance of supreme court judges injustices were meted out to  public & public are still suffering injustices. Crimes which could have been prevented by SC happened eventhough brought to early notice of supreme court. What action against erring SC Judges ? if not why ?

19. I have repeatedly offered my services to supreme court of india , to apprehend criminals  within  judiciary , police & public service. What action taken by supreme court of india ? if not why ?

20. in my legal struggle for justice , due to negligence / connivance of SCI  judges  I have suffered murder attempts on my life , job losses , my newspaper closed , not getting press accreditation to my web news papers , threats by rowdies , police , etc. what action against erring chief justice of india ? if not why ?

21. I repeatedly appealed to supreme court of india to permit me to appear as amicus curie before supreme court of india   & jain commission of enquiry  regarding late PM Rajiv Gandhi assassination case. I was not permitted why ?

22. who are the judges covering-up Rajiv Gandhi assassination case ? what action taken ? if not why ?

23. Law is one & same for all , but law enforcement  & law interpretation  is not same  for common people , Judges  & Police ? why ?

 

NOTE :  PLEASE TAKE NOTE THAT  YOUR CONTINUED NEGLIGENCE TO PROVIDE INFORMATION , JUSTICE  TO  EDITOR  NAGARAJA  M R  LEADS  TO THE THREAT TO THE LIFE  , LIVLIHOOD OF  HIMSELF & HIS WHOLE FAMILY.  YOU  ARE  LIABLE   TO PAY  COMPENSATION.  DON’T TRANSFER  THIS CASE , APPLICATION TO POLICE  THEY DON’T HAVE POWER TO ENQUIRE JUDGES LET ALONE TAKE ACTION. PLEASE ENTRUST  THE CASE TO TRANSPARENTLY CONSTITUTED SUPREME COURT MONITORED ENQUIRY COMMITTEE TO LOOK INTO THE WHOLE ISSUE.

I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police , revenue officials , District Magistrate  & Chief Justice of India together with above mentioned accused public servants will be responsible for it. Even if criminal nexus levels fake charges ,  police file fake cases against me or my dependents  to silence me , this complaint is & will be effective.

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward like hit & run cases , murder attempts , unnatural deaths , etc  happens to me or to my dependents   or to my family members    - In such case Chief Justice of  India together with the jurisdictional  revenue & police officials will be responsible for it , in such case the government of india  is liable to pay Rs. TWO  crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , guilty Judges , guilty public servants &  guilty Constitutional functionaries.  

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

 

PUBLIC INFORMATION OFFICER   WHO FAILED  TO GIVE INFORMATION :

CPIO ,  o/o  Chief Justice of India , SUPREME  COURT OF INDIA , NEW DELHI.

 

FEES PAID : IPO  16G  733465  for rupees TWENTY only

 

 

DATE :  28.03.2015 ……………..………………………NAGARAJA.M.R.

 

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT) 

 

 

RTI   Appeals  Not  Answered   by  SUPREME  COURT  OF  INDIA  - Crimes  Cover-up

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

 APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA 

 

 FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

 ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges.  Some of the below  mentioned  judges  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters.

 Eventhough  the information is readily available with SCI , information was denied citing unavailability.  If at all information is not truly available , why didn’t the   CPIO  TRANSFER rti  application to concerned departments of SCI  , Ministry of Law , Justice , Respective High Courts , etc.

Does not court administarative officer  posess  SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person  who posess SR  can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?

If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to  prosecute  that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ?

The  action  of  CPIO  SCI  amounts  to cover up  of judges & their crimes. Thereby  , CPIO  is also committing  a crime. With respect  to previous RTI Appeals  also  CPIO & RTI  First Appellate Authority  SCI  have repeatedly  committed  crimes  by  covering up  judges & their crimes.  Billions of indians  are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them  / shame to JUDGEs that they  draw  pay  &  perks  amounting to lakhs of rupees from our money , from taxes paid by us still not do their  constitutional duties properly.

 GIVE  WHAT  ACTION HAS BEEN  TAKEN AGAINST  THE  GUILTY JUDGES   MENTIONED  IN THE BELOW MENTIONED WEB SITES & FOLLOWING  ARTICLES.

 At the outset , we express  our whole hearted respects to the honest few  public servants in public service including judiciary. However, the corrupt in public service don’t deserve  respect as individuals – as they are  parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals.

 All the following articles / issues , whole articles published in the weblinks mentioned below forms part of this appeal. The term “JUDGE”mentioned throught includes all public servants  discharging  judicial functions right from taluk magistrates , quasi-judicial officers to Chief Justice of India.

 Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME. The persons who raise  their voice seeking justice  are silenced in many ways. The criminal nexus has already attempted to silence me in many ways . If anything untoward happens to me or to my family members , my dependents , Honourable Chief Justice of India together with jurisdictional police officer will be responsible  for it.

 Hereby, we do once again offer our conditional services to the honourable supreme court of India & other government authorities, in apprehending criminals including corrupt judges & police. Herewith  , we once  again  appeal to the honourable supreme court of India , to consider this as a PIL Appeal in public interest.

 The public servants & the government must be role models in law  abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacherif the  teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot- free under his patronage.  even if a police , public  servant commits a crime , he can be legally prosecuted & justice can be sought by the  aggrieved. just think , if a judge himself that too of apex court of the land itself commits crime - violations of RTI Act , constitutional  rights & human rights of public  and obstructs the public from  performing their constitutional fundamental duties , what happens ? it  gives a booster dose to the rich & mighty , those in power , criminals  in public service to committ more crimes. that is exactly what is  happenning in india. the educated public must raise to the occassion &  peacefully , democratically  must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF  MAHATMA GANDHI'S DREAM.

 

Kindly go through the following articles & provide justice by giving complete truthful information to us , by publicly answering the following questionnaire in an unambiguous  manner.

 The constitution of India has prescribed certain FUNDAMENTAL DUTIES to each citizens of India. It is the duty of every citizen to protect & uphold the dignity , honour of our democratic institutions , to 
protect our national integrity , to respect & protect the rights of our fellow citizens. No constitutional authority has  the right to obstruct the discharge of these duties by citizens of India. No legal  privileges of constitutional functionaries is superior over the  FUNDAMENTAL DUTIES OF CITIZEN'S OF INDIA.

We need rights to perform our duties. Constitution of India has guaranteed those rights as FUNDAMENTAL RIGHTS to all citizens of India & by birth itself everyone of us has secured HUMAN RIGHTS as individuals. To express ourselves , we need information , data feed  back , to ascertain whether we are getting equal opportunity , whether  we are getting equitable justice , etc , we need information . so , 
basically Right To Information  is an inalienable part of our  fundamental rights & human rights. What RTI Act has done is fixed time  limit , responsibilities of public servants up to  certain extent. However the citizen's fundamental right & human right to seek  information extends far beyond the scope of RTI Act.

Hereby , we seek complete  truthful information from supreme court of India , with respect to my RTI application appeal. HEREBY , WE ARE  ONLY SEEKING ACCOUNTABILITY OF PUBLIC SERVANTS  IN PUBLIC INTEREST &  JUSTICE. Hereby ,  we request you to register this appeal as a PIL  petition & to ascertain the stand of apex court on various matters  raised in my RTI Application , in public interest & equitable justice.

 We salute honest few in public service ,  Judiciary , police , parliament  & state  legislative assemblies. our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.  I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,  

 Atrocities on  Women  by  JUDGES

https://sites.google.com/site/eclarionofdalit/atrocities-by-judges     

   A – Z   of   Manipulation  of  Indian  Legal  System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System  ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal  ,

Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND

https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,   

Rajiv Gandhi Assassination Cover-up

https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up  ,

SHAME  SHAME  MPs  &  MLAs

https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas  ,

 Hereby ,  we  do request  PIO O/O  Honourable Chief Justice of India  , PIO , O/O H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO O/O Dy Chairman of Rajya Sabha , PIOs of  Karnataka Raj Bhawan , Karnataka CMO , Union Home Ministry GOI  and  DG & IG of Police of Government of Karnataka to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police.

Main  A :

1.      What  action you have taken against judges involved in atrocities against women , casewise ? if not, why ?

2.      What action you have taken against judges involved in land scams , casewise ? if not , why ?

3.      I have shown with actual cases  how manipulation / fixing takes place , from  complaint filing to judicial pronouncement stage. Are the judges & police , above law ?

4.      I have numerous PILs , RTI appeals  before supreme court of india. But they were  not registered , not honoured , why ?

5.      To my  legal notice / show cause notice / damage payment notice to supreme court of india & chief justice of india , till date I have not received the reply , why ?

6.      Is it not the duty of supreme court of india to protect the life & liberty of all Indian citizens ?

7.      Is it not the failure of supreme court of india, when it failed to protect the life of  a complainant ?

8.      By negligence of their duties , are not supreme court judges  aiding & abetting  criminals , anti nationals & terrorists ?

9.      While crores of Indians are barely surviving  on a single piece meal a day , people dying due to starvation , supreme  court judges are getting salary & perks amounting to lakhs of rupees  from the same suffering public / public exchequer. Are not those  duty shirking judges  ashamed ?

10.   What action you have taken against judges involved in hushing up late prime minister rajiv Gandhi assassination  case ?

11.  Why the supreme court of india didn’t allow me to appear before it  in the said case of  late PM Rajiv Gandhi Assassination  Case ?

12.  Why  the supreme court of india didn’t protect my life , my job oppurtunities , my newspaper  from the wrath of criminal  nexus ?

13.  When  even cable TV  journalists , web journalists are getting PRESS / MEDIA accreditation , my web news papers , myself are not getting  PRESS accreditation since 9 years , why ?

14.  Are the supreme court  judges  hand in gloves with the criminal nexus ?

Main  B :

You have not taken appropriate action to my previous RTI requests , Numerous appeals for justice & police complaints. You have not replied to show-cause notice also. Your inaction has helped the criminals in manipulating & destroying evidences.

Your inaction / delay in performing your duties not only amounts to denial of information , but  amounts to violation of our fundamental & human rights , cover-up of crimes , aiding & abetting criminals . The criminal nexus tried to silence me in many ways. Is not these acts of your’s  a crime in itself ?

If your acts of crime cover-ups  , information / evidence cover-ups , aiding & abetting criminals , silencing a crusader  is just & legal. The same type of acts of crimes  performed by other citizens will also be legal ?

Main  C :

At the outset , we express our whole hearted respects to all constitutional institutions &  to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

1.                  does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting  legal ?

2.                  why transparent , fair investigation is not done in such cases ?

3.                  just remember , the  vulgar acts of Mr.Bora Babu Singh in state legislature & how some  MLAs   vulgarly behaved with Ms.Jayalalita  in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs  legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?

4.                  all the people’s representatives from panchayath member to president of India must read ABCD  Of Democracy  provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?

5.                  is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?

6.                  how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?

7.                  are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?

8.                  what legal action taken against violators , defaulters , for giving false affidavits ?

9.                  who is checking the authenticity of those affidavits submitted by MPs , MLAs ?

10.              the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

 Main  D :

1.                  we do once again offer  our conditional services to the government of india , all state governments & supreme court of india , in apprehending  tax evaders , land grabbers , corrupt police , corrupt judges , corrupt  public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready  to utilize our service ? are they afraid of being caught ?

2.                  the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?

3.                  why no proper , timely action was not taken based on numerous police complaints made by us ?

4.                  why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?

5.                  the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights  commission  has failed to undo the injustices , why ? is it because it is not a high profile case  ? is it because it  is not hi-fi , does not get image ratings , TRPs ?

6.                  the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?

7.                  how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission  to supreme court of India till date ? what action taken with respect to each complaint ?

8.                  the delay in taking action by public servants  with respect to following cases has resulted in  more crimes , destruction / manipulation of evidences , records  and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-…
DEALS IN COURTS  &  POLICE  STATIONS   READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate  ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html  ,

ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of…
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of…

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201

HONOR OF INDIAN PALIAMENT FOR SALE

http://sites.google.com/site/eclarionofdalit/honor-of-indian-parliament-for-sale

Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani  on hunger strike in anantapur  district jail Andhra Pradesh

http://sites.google.com/site/eclarionofdalit/persecuted-irom-sharmila-of-puttaparthi-ap

9.                  how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?

10.              what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?

11.              have you reviewed all the previous judicial decisions  taken by such judges of doubtful integrity & honesty ?

12.              is it not the duty of government & supreme court of India , to protect  the fundamental rights & human rights of all Indian citizens ?

13.              why the government & supreme court of India has failed to protect the fundamental rights & human rights of  me  & those mentioned in my complaint ?

14.              how many former CJIs  ,  supreme court & high court judges have disproportionate wealth ?

15.              Your denial of information to my previous RTI requests  amounts to suppression of evidence , hiding crimes , what action against erring public servants ?

16.              why my previous RTI requests or part  there of was not transferred to appropriate authorities and information given to me in a consolidated form ?

 

Main   E  :

Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?

Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it’s national security ?

Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

Q 172 . What action  has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official  Mr. Anderson to escape law , to jump bail  & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court  & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ?  what action has been taken against the CJI who  became an official of the  trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t  press for the extradition of the criminal Mr.Anderson , for  producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of  thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt  labour / pollution control board officials  HUMAN BEINGS ?
Q  182    Why  police are  not registering my complaint   against  CJI & other VVIPS ,Even after years ?
Q   183   don’t the  police of vijayanagar police station mysore have legal  jurisdiction  to register  the case  against these VVIPs ? or  just  because the criminals happens to be VVIPs  ,they  are  not booked  by police? If the  said  police don’t have  legal jurisdiction to book  these VVIPs , they should have  transferred the complaint  to  those authorities who have jurisdiction &   authority to book  & prosecute   these  VVIPs , but not done  so , why ?
Q  184  are not all these actions , of  VVIPs & police amounting to  cover up of crimes & criminals ? are  not  these cover ups itself is a crime ?
Q  185.  Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals  for justice  concerning public welfare , national security  sent  through  post , e-mail  to supreme court of india are not admitted as Public interest litigation , why ?  does  not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186   Are not  the honourable chief justice of india  together  with the jurisdictional police & Revenue district magistrate  responsible  to protect  the  fundamental & human rights  of people ?  why the CJI , Mysore DC & Jurisdictional Police  have failed to protect the fundamental & human rights of  people  including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus  Honourable CJI , Mysore revenue district magistrate & jurisdictional police  are  together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet  – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station  , mysore  will be responsible .

These corrupt  parasites will feel  , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In  whose  Court of justice  MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

  YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

 PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE FULL INFORMATION:

CPIO , SUPREME  COURT OF INDIA , NEW DELHI.

 FEES PAID : IPO  16G  733465  for rupees  TWENTY  only

 

 DATE :  28.03.2015 ……………..………………………NAGARAJA.M.R.

 

 PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

 http://in.groups.yahoo.com/group/sosevoiceforjustice/ ,  http://groups.google.co.in/group/hrwepaper / , 

 http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,

http://www.amnesty.org/en/user/naghrw  

A   Member  of  Amnesty  International   

 


Posted by naghrw at 6:11 PM
Sunday, 15 January 2017
FIRST Answer Judges & Police
Topic: human rights , media

FIRST  Answer  Judges  Police

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


Posted by naghrw at 3:09 PM
Friday, 13 January 2017
Constable files case against 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.02........14 / 01 / 2017

 

Why  Police  Judges  NOT   answering ?

https://sites.google.com/site/sosevoiceforjustice/unswered-questions-judges-police 

 

 

Constable Files PIL In Bombay HC Alleging “Rampant Corruption” In Traffic Police Department

 

In an embarrassment to the Police Department, head constable Sunil Toke has  fied a PIL alleging rampant corruption in Mumbai’s traffic  police, seeking registration of an FIR against corrupt police officials and constitution of a Special Investigation Team to look into this entire case. Toke, who is currently posted at Worli, was earlier posted at Goregaon Traffic Police Division and at Wadala Traffic Police Division. He has been in police service for 32 years.

During his stint in the Traffic Police division, the petition state D Toke was “shocked and surprised” to see such “rampant corruption”. Many allegations were levelled against the traffic police in the petition. It was stated that in each region/division of Traffic Police Department, there are two constables/havildars, who are known as “cashiers”. They are unofficially deputed on the duty to collect daily / monthly hafta from old and new two-wheeler and four-wheeler showrooms, which is about Rs.5,000 to Rs.10,000. It is also stated that traffic police “collect around Rs.25,000 to Rs.30,000 per month for running ready-mix cement vehicles, sand, bricks and other construction material vehicles. “

Other cases where the traffic police choose to look the other way in exchange for some cash, were also highlighted. For example, in case of illegal parking on the roads, it is stated that the traffic police take money from five star hotels for allowing illegal parking on the roads. Even in cases of drunken driving, the petition stated that the police let the guilty off the hook in exchange for cash.

 The petitioner had written several complaints to senior police officials, including the Commissioner as well as the Director General of Police, citing instances of corruption in the traffic police department but no action has been taken. He even wrote a letter to the Chief Minister. He even submitted a CD, which allegedly has proof to substantiate his allegations. This matter will come up for hearing in due course

 

Unauthorised colonies born out of greed: Delhi HC

 

Unauthorised colonies are normally born out of greed with intent of securing unmerited benefits and legalising them has emboldened purchasers of acquired land and encroachers apart from leading to manifold problems, the Delhi High Court has said.

“This court would like to emphasise the distinction between an unauthorised colony and jhuggi jhopri cluster.

While jhuggi jhopri clusters are normally born out of need and necessity for housing of the poor and under privileged, unauthorised colonies are normally born out of greed with intent to secure unmerited benefits,” Justice Manmohan said.

The observation came while dismissing a plea of a resident welfare association (RWA) to restrain the Delhi Development Authority (DDA) from dispossessing any of the members of the association from their land to build roads.

The court in its judgement has said people “who have cut these unauthorised colonies have neither paid full development charges to the civic authorities nor provided proper civic facilities like roads, sewerage, drainage, water and electricity and as a consequence, diseases like malaria, diarrhoea and tuberculosis are common in Delhi”.

It said it would be difficult to provide adequate and proper sewage, drainage and roads after an unplanned colony has been constructed and occupied, as construction would have been carried out in a “haphazard manner without adhering to any scientific norms”.

The court further said, “Legalising of unauthorised colonies in the past has not only emboldened the purchasers of acquired land and rank encroachers but has created manifold problems of environmental degradation, traffic bottlenecks etc.”

It said the members of the RWA of Utsav Vihar here who are affected by the acquisition of their land by DDA can move individual petitions in the high court for relief under the Land Acquisition Act of 2013.

The RWA had contended that the acquisition of their land, initiated under the earlier Act of 1894, had lapsed as no compensation had been paid.

Justice Manmohan, however, said that “till the time the appropriate court does not declare that the acquisition proceeding has lapsed, this court is of the view that the right of DDA to the land cannot be questioned”.

DDA had, during the proceedings, contended that as the unauthorised colony of the petitioner RWA was on acquired government land, the authority was entitled to utilise any portion of the acquired land for a public project.

 

 

Is The U.S Fighting Terrorism Or Manufacturing It?

 

President Obama’s final foreign policy speech at MacDill air force base in Tampa, betrayed its purpose through the venue.  The Tampa, Florida, base is home to Special Operations Command and Central Command — Special Operations playing an ever increasing role in counter terrorism.

The gist of the speech seemed to assert that the US is and should stay true to its values when fighting terrorism.  An assertion when at the same time Congressman Ted Lieu, a California Democrat, has written a letter to Secretary John Kerry warning him the US could be charged with war crimes in aiding Saudi Arabia’s bombing campaign in Yemen.  The US helps through in-air refueling of planes.  The Congressman claims there are 70 documented incidents targeting civilians including women and children.  Yemen itself never had a refugee crisis through years of civil conflict, that is until the merciless Saudi air onslaught.

What did Libya do to incur US wrath?  It was fighting a civil war where the casualties were in the hundreds and the rebels themselves not without foreign instigators.  Look at Libya now.  From leading Africa on the Human Development Index scale to being bombed into a shambles without an effective government.  By the way, what was the strategic (or for that matter even tactical) value of bombing a precious and expensive water system bringing water from the south to Tripoli?  And how did it help the civilian population of Tripoli?  Now, of course, those who can, in Libya, are fleeing to Europe.  In fact, sub-Saharan Africans who would come to Libya seeking work now try also to get to Europe.

Ask the Libyans who they blame for their problems and the answer comes back without equivocation, the US.   It was the leading cause of the country’s destruction.  Ask the Yemenis … ditto.  It is the country supplying the planes, the bombs, the air-refueling.  Without it there would be no air campaign.  Ask the Syrians as a National Public Radio reporter did this week.  They certainly do not blame President Bashar Assad, who they feel is doing well at keeping the country together.  No, they blame the Saudis, the Gulf States and their arms supplier-in-chief, the US.

Ask the Somalis.  It was a U.S. sponsored invasion of Somalia by Ethiopia that destroyed the last chance of Somali stability, continuing the killing.  The Islamic Courts regime could not have chosen a worse name, which sent danger signals rippling through the US administration, bringing fears of a Taliban and al-Qaeda replay.  And it was a quiet, studious Somali student who went on a rampage at Ohio State University just over a week ago.  Mr. Trump has been there this week to express his condolences and to repeat his anti-Muslim immigration and “extreme vetting” creed.

Ask the Iraqis and the Afghans.  A vast swathe from North Africa through Yemen into Afghanistan and Pakistan are embroiled in conflict.  Estimates of deaths in Iraq vary from 200,000 ascribed to violence to a million from the ravages of war.  The war casualties in Afghanistan according to the Watson Institute at Brown University stand at around 111,000 with at least as many wounded, and continue to increase after a US presence for 15 years.  Deaths from the effects of war among the population are not easily determined but as in Iraq are likely to be even higher.

The question to ask is whether 19 persons, primarily from Saudi Arabia, responsible for the 9/11 attacks warrant this wholesale killing.  And for what?  If anything, the situation and the fear factor in the US are worse and one of the reasons for Donald Trump’s win.

Is this heavy-handed policy actually fighting terrorism successfully, or is it alienating populations enough to be a proximate cause?

 

 

Open Letter To Chief Justice Of India On The Arrest Of Activists Of The Telangana Democratic Front

 

To,

The Chief Justice of India
Supreme Court of India
Tilak Marg
New Delhi – 110201 (India)

Date:09.01.2017

Subject: Seeking immediate intervention into the arrest of activists of the Telangana Democratic Front on false charges and other attacks on rights defenders by police and vigilante groups in Chhattisgarh
Honourable Sir,

In continuation with our previous two petitions dated 22nd February 2016 and 26th February 2016, we wish to draw you attention to the consistent erosion of rule of law and constitutional freedoms in Chhattisgarh in the wake of continuing attacks on civil rights defenders by the state police and administration in close collusion with the vigilante groups like the Samajik Ekta Manch and AGNI. In the most recent case of attack, on 25th December, 2016 a 7 member fact finding team was arrested by the Telangana police at Dummaguddem village of Bhadrachalam district at 6 pm and handed over to the Sukma Police (Chhattisgarh State).

The fact finding team consisted of members of the Telangana Democratic Front (TDF). TDF was formed recently to fight for the rights of the people of Telangana state. The members of the fact finding team are Chikkudu Prabhakar (Advocate), Bhalla Ravindranath (Advocate, High Court, AP), Durga Prasad (Journalist), Duddu Prabhakar (President, KNPS, AP), Rajendra Prasad (Student leader, Telangana Vidyarthi Vedika), Nazeer (Student leader, Telangana Vidyarthi Vedika) and Ramananda Laskhme (Student organizer), all seven are persons of public repute and have been committed to the cause of democratic rights for decades.The team was on its way to investigate complaints of human rights violations suffered by adivasis of Chhattisgarh at the hands of security forces. The immediate context of the fact finding related to the murder of a 13 year old tribal boy Somaru Pottam. On December 16, Bijapur police had announced that a team of security forces had killed an ‘unidentified and armed Maoist in uniform’ in Metapal in a gun battle. The residents of Metapal, however, later recognized him as Somaru Pottam, following which Pottam’s parents petitioned the High Court.

The Sukma police has alleged that the team members were in possession of demonetized currency and had come to aid the Maoists by exchanging the old currency on their behalf. The team was charged under sections 8(1), (2) and (3) of the Chhattisgarh State Public Security Act, on charges of support to Maoists and for possession of banned literature. On 3rd January the Dantewada district court rejected the bail application in the case. During the court hearing neither the copies of seizure reports, FIR, and or panchnama reports that are public documents have been shared with the defence lawyers. The list of seizure reports that were read out contained books widely available and none belonged to the category of banned literature. The action of the police against the fact finding team is clearly an attempt to criminalize democratic activity and prevent democratic and human rights groups from entering Chhattisgarh and documenting excesses by the security forces.

The arrests and incarceration of the activists of TDF is part of a long chain of organized attacks marked by false cases, detention, intimidation and harassment of those who dare to expose the lawlessness of the state. In 2016 alone, the security forces have carried out 134 encounter deaths in Chhattisgarh and three cases of sexual violence by security forces have come to public light. In one of the cases that occurred in October 2015 in Bijapur, the NHRC has found prima facie evidence against the state police officials of gang rapes and physical assault of tribal women. A similar incident of sexual violence took place this year in January in the Nendra village, in relation to which the NHRC has sought response from the authorities. While the state continues to intensify the use of violence against the tribals in Chhattisgarh as part of their ‘counter-Maoist’ operations, carrying out planned encounters, fake surrenders, sexual abuses and illegal detentions, those bringing out the truth have also been on the radar of the state. The following cases of attack on journalists, lawyers and activists in 2016, bear testimony to the vindictive vendetta of the state.

i) Intimidation of lawyer, Shalini Gera: Shalini Gera, along with other members of the Jagdalpur Legal Aid Group (JAGLAG), have continuously been harassed and attacked by the police and local groups, as a penalty for providing legal remedies to adivasis who have suffered at the hands of the police and security forces. In December 2016, another attack was made at Shalini accusing her of exchanging old currency notes for Maoists. She was also accused of meeting Maoists in the Dantewada jungles. The complaint was made by a member of the vigilante group AGNI. Shalini was present in Goel dharamshala, in Jagdalpur, from 25.12.2016 to 26.12.2016, to attend the exhumation and repeat post mortem ordered by the Chhattisgarh High Court, of the body of Somaru Pottam having found prima facie evidence of murder. Shalini Gera is representing the parents of Somaru Pottam in the case where his parents have accused the security forces of killing their son. Shalini Gera and her team were accompanied throughout by Mr. D Mahant, Tehsildar of Bijapur, and also by Mr. Pankaj Daharia CEO of Bijapur and the SDM of Bijapur. Mr. Wasnikar, Divisional Commissioner, had made arrangements for their stay in Goel Dharamshala as the Circuit house was fully occupied. However on the 26th evening, she was threatened by the SI Archana Dhurandhar, and accused by of staying in the dharamshala in an ‘unauthorized’ manner. The next day, she received a call from Mr R.N. Dash, SP Bastar, that he has received a complaint against Shalini for adding the Maoists. So far, no FIR has been registered but DIG Kalluri has addressed several press conferences announcing that they are investigating the complaint. These attempts at intimidation are not new. For the past year and a half, Shalini Gera and her colleague Isha Khandelwal have been constantly harassed by the police officials and were forced to vacate their premises on February 20, 2016, under orders from SP Dash and SRP Kalluri.

ii) Harassment of Sukul Prasad Barse, an adivasi rights activist: Sukul Prasad Barse, an adivasi activist was intimidated by the Chhattisgarh police for organizing a meeting on the 19th of December in village Matenaar of Dantewada district. The purpose of the meeting, organized with the help of People’s Union for Civil Liberties (PUCL) was to hear accounts of the family members of those adivasis who have been killed in fake encounters, were victims of sexual violence and other human rights abuses by the police and security forces. Activists who were returning after the event, were stopped by the police for verification. The photos of the activists were taken by the police and circulated through social media and were circulated to vigilante groups who in turn concocted a story of JNU students having come to Bastar for provoking people. The Dantewada police have been regularly visiting Mr Barse’s house and threatening him for organizing this event.

iii) Intimidation of activists in the wake of the CBI charge sheet in the Tadmetla massacre: In October 2016, effigies were burnt by the police of six prominent members of civil society who have faced violence and intimidation earlier for resisting the ongoing war against the adivasis in Bastar. This ‘official protest’ by the police came in the wake of the CBI submitting its status report in the Supreme Court monitored inquiry into the Tadmetla massacre of 2011. The CBI in its report held 7 SPOs responsible for the arson and 26 Salwa Judum members guilty of the attack on Swami Agnivesh and his team when they went to do a fact-finding. The CBI also found prima facie evidence of killing, rapes, brutal assault and lootings. The Chhattisgarh Police dismissed the CBI findings claiming that the burning down of the village was accidentally caused by heat generated by crossfire during an operation against the Maoists. Thereafter, on 24th October personnel of the Chhattisgarh Auxilliary Police Force burnt effigies of Manish Kunjam, Nandini Sundar, Bela Bhatia, Soni Sori and Malini Subramaniam, across Bastar. Kunjam and Sundar are the petitioners in the Tadmetla case. The police forces while burning the effigies, in defiance and utmost contempt of the Supreme Court order, claimed that those six persons are ‘anti-nationals’ responsible for maligning the Chhattisgarh police propagating false and fabricated stories.

iv) UAPA and murder charges against tribal rights activists: On 5th November an FIR was registered by the Chhattisgarh police invoking Sections 302 (murder), 120B (criminal conspiracy), 147 (punishment for rioting), 148 (rioting armed with deadly weapon) and 149 (Unlawful assembly towards common object) of the IPC against 26 persons. The list of accused included academics, Nandini Sundar and Archana Prasad, activists Vineet Tiwari, Sanjay Parate from the Communist Party of India (Marxist), two local activists, Manju Kawasi and Manglu Ram Karma for the murder of Shamnath Baghel, a resident of Nama village and alleged leader of an anti-Naxal group called ‘Tangiya’, who was killed on 4th November allegedly by the Maoists. The FIR was filed on a complaint allegedly made by the wife of the deceased (which she later denied to NDTV). This particular case connects back to a fact-finding conducted by the people listed in the FIR in May 2016. The fact finding report had revealed several instances of fake encounters, rapes and arrests by police and security forces, beatings and IED blasts rampantly carried out by the police. The team had also revealed that the police were holding Jan Jagran Abhiyans with villagers and evidently aiding the resurgence of armed militia of villagers similar to the earlier disbanded Salwa Judum, to counter the Maoists. Following the report, the Chhattisgarh police had accused the team members of threatening the villagers and forcibly asking them to support the Maoists, a claim that the villagers of Nama had later denied. It also remains a fact that one of the prime accused in the FIR, Prof. Nandini Sundar is a petitioner in the Tadmetla case. The fact that these persons were not there in the village on the day of the murder, did not deter the police from pursuing the complaint against them. DIG Kalluri himself appeared before the media, congratulating his men for bringing the accused to task! Finally, a petition was moved in the Supreme Court of India that made it obligatory for the State of Chhattisgarh to provide four week notice to the court before deciding on any action, led to some temporary relief.

v) Attack on journalist Prabhat Singh: An organized campaign has long been carried out against the local journalists who have been reporting about the police excesses in the state. On 21st March 2016, Prabhat Singh, a local journalist working with ETV, was picked up by policemen in plain clothes from his office and taken to Parapa police station where he was illegally detained for a day and tortured all night. He was also pressurized to write reports favouring the DIG Kalluri and was forced to sign a number of blank documents. Prabhat Singh was then charged under Sections 67, 67 (A), 292 IT Act on the allegation that he had sent an obscene what’s app message against a senior police officer. The complaint against Prabhat Singh was registered at the behest of the members of the local vigilante group Samajik Ekta Manch. A day before his illegal detention, his job at the ETV was abruptly terminated without any prior notice, blatantly bringing to fore the planned nature of attack against him. Singh had been reporting on fraudulent arrests and fake encounters carried out by the Bastar police consistently since 2014 and had been threatened by the police against his reporting. In 2015, three other cases had been registered against him in the district of Dantewada including charges under The SC and the ST (Prevention Of Atrocities) Act, 1989 and the draconian Chhattisgarh Special Public Security Act, 2005. On 21st June 2016, the Chhattisgarh High Court granting him bail on all four cases registered against him.

vi) Arrest of journalist Deepak Jaiswal: On 26th March 2016, another journalist Deepak Jaiswal working for Daindini newspaper, was arrested by the police when he had gone to the court to file a bail application for Prabhat Singh. He was arrested in a seven month old case in which Prabhat Singh also was a co-accused. The two journalists had reported about a school in Geedam in Dantewada where teachers helped the students cheat in the exam. After the report, the Principal had complained against the two for forcibly entering the school and demanding money. The arrest was made, however, only when Jaiswal had come in support of Prabhat Singh on charges of trespassing, obstructing public servant from discharging their duty, and assault against a public servant. Along with Someru Nag, Santosh Yadav (see annexure dated 22nd February) and Prabhat Singh, Jaiswal became the fourth journalist to be arrested in Chhattisgarh within less than six months.

These instances of intimidation, harassment, physical attacks, evictions, false cases, and arrests of activists in Chhattisgarh, have continued unabated in the year 2016, much like the past. By embroiling the journalists and activists in false cases and arresting and torturing some of them, the police tries to ensure that crimes being committed by Government forces and their allies do not get reported. By dragging in the names of scholars and activists espousing the cause of the tribal rights, the support and solidarity to the adivasis is increasingly restricted. By intimidating and evicting legal helps such as JagLag, legal assistance to adivasis is made difficult ensuring they languish in jail for innocence. Findings of the CBI in the Tadmetla massacre, the NHRC in the Nendra sexual violence or the High Court in Pottam’s encounter, need to be viewed as public acknowledgement of that the ‘counter-Maoist operation’ in Chhattisgarh carried out by security forces is a farce under the garb of which violence is being perpetrated and vested interests are being served. The state continues to foster vigilante groups such as AGNI which are nothing but revived forms of the earlier disbanded Salwa Judum. The Supreme Court in a historic judgment in 2011 had declared the Salwa Judum unconstitutional, however, guises of the same have been continually being operating as illegally armed local militias intimidating democratic forces and silencing the truth.

Burning effigies in relation to the Tadmetla findings in contempt of the Supreme Court order, disrupting the process of exhumation and post-mortem ordered by the Chhattisgarh High Court and continuing to arm and empower local goons against civilians, the Chhattisgarh state police has also been trying to impede the interests of justice by defying the judiciary. We, therefore, appeal for your urgent intervention in the prevailing state of affairs in Chhattisgarh.

 


Cijo Joy and Anushka Singh

Secretaries, PUDR

 

The Arrest Of Advocate Murugan And Charging Him With UAPA Is Condemned

 

Committee for Protection of Democratic Rights – Tamil Nadu, (CPDR-TN) strongly condemns the arrest of Advocate Murugan, Secretary Centre for Protection of Civil Liberties (CPCL), on 8th January by the Tamilnadu Q branch police. The police had gone to his house in the early morning 4 o’clock, in the pretext of search operations with the search warrant order from Karur district magistrate. And the Q branch police arrested him under Unlawful Activities Prevention Act (UAPA) sections 18(a), 18(b), 20 and 38 & IPC 120(b) for allegedly arranging shelter for two women Maoists who were arrested in Karur five months before. And they took with them all the case documents , files, preparations for final arguments for some cases, some common books and Homeopathy medicines & medical book.

Advocate Murugan has been in the civil rights activity for more than 10 years and has been in the forefront taking up the cause of political prisoners cases including that of maoists. He has also been representing the two women maoists arrested five months before in Karur. The court had issued search warrant of Advocate Murugan, in compliance with the Q branch, in the Karur case. The order issued by the district magistrate should have ordered restraint on the search, as he must know that advocates , who are regarded as officers of the court, are part and parcel of the court and play vital roles in the administration of justice, are bound to be in possession of all documents for reference and defence of their clients who are accused before court of law.

Section II of Bar Council of India 1975, in part VI chapter II provides for duties of advocates towards his clients. Rules 15 and rules 19 has relevance to the same.

Rule 15 states that “ it shall be the duty of an advocate fearlessly to uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other. He shall defend the person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty to the law which requires that no man should be convicted without adequate evidence”.

Rules 19 states that “an advocate shall not act on the instructions of any person other than his client or his authorized agent”.

And “ an advocate should not by any means, directly or indirectly, disclose the communications made by his client to him. He shall also not disclose the advice given by him in the proceedings if it does not violate section 126 of the Indian Evidence Act, 1872.”

Advocate Murugan, in defence of maoist clients being Indian citizens has only been discharging his duty as under the provisions of advocate acts and it was not in any way violative of the legal provisions and he is entitled for practice of his profession as guaranteed under 19(g) of Constitution of india. Without any such restraints the karur Court’s compliance with Police, the search warrant leaves Q branch the high possibility of utilizing any defence materials of the advocate to implicate him in the same case he is defending. This is a fundamental violation of the right of the advocate to defend his client and lack of protection from the court leaves total violation of fundamental right to justice of the advocate and thus his client.

CPDR-TN considers the issuance of search warrant on a court office without any restraints for safeguarding his legal professions and practices guaranteed by Bar Council of India rules and Indian Republican Constitution suffers from lack of application of mind.

CPDR-TN condemns the branding and arresting of any Advocates defending the accused under UAPA and insists that courts should regard that no one is guilty until proved before law and provide complete protection for such advocates to ensure legal provisions.

CPDR-TN condemns the highhandedness of Tamilnadu State police in arresting Advocate Murugan and implicating him in the same case as the client he is defending as per the legal provisions.

CPDR-TN insists that Advocate Murugan should be released immediately, unconditionally and all cases foisted upon him be withdrawn and return all the case files and documents taken forthwith.

S. Gopal, General Secretary, Committee for Protection of Democratic Rights – Tamil Nadu, (CPDR-TN)

 

To Resist And Live, But Not To Disappear

 

Co-Written by Navaneeth & Shini J K

“If you resist, you will disappear
if you step aside, you will be ruined
Swindling, fraud,
murder, selfishness,
robbery, jealousy
are part of the game
There is only one way from hereon
Just come quietly
partake in all of this
You will thrive”

This is an excerpt from one of Perumal murugan’s recent poetry collection named “A Coward’s Song” written during his literary exile after being hounded by fascist hindutva and casteist forces a year and a half back. Perumal murugan happens to belong to a series of other writers, public intellectuals and activists who have been targeted over the past 24 months by right wing fringe elements. Dhabolkar, Pansare and Kalburgi were there before Perumal Murugan!

More recently, the series of incidents that have happened in Kerala is highly alarming about the times we live in. There have been a series of arrests in Kerala under the current CPM Government on the allegations of disrespecting national anthem, supporting the Maoists and on suspicions of Maoist links following the shocking Nilambur fake encounter killing.

Ajitha and KuppuDevaraj were murdered in the Nilambur forest by the thunderbolt under the same CPM Government.

“We cannot allow the republic killing its own children, We hope there will be an answer. There will be a good and convincing answer.”
– 14 January 2011, SC Division Bench of justices Aftab Alam and R M Lodha on the fake encounter killing of Comrade Azad and Hemchandra Pandey.)

Many among the people who are now being targeted are under the threat of UAPA and Sedition charges when the very existence of these draconian laws are against the constitution and fundamental rights, in principle.

Rajeesh Kollakkandi, a human rights activist from Kerala and a member of Janakeeya Manushyaavakaasha Prasthaanam, got suspended from the service for helping the families of the Maoists attacked by the state. The charges on him are violation of code of conduct and he has been charged under UAPA.

(Mere membership of banned organizations cannot be grounds for incarceration, nor can speaking, writing or singing about socio-economic injustices be criminalised. – Bombay high Court in 2013, while granting bail for 4 members of Kabir Kala Manch)

Half a dozen people have been picked up by the police from theatre during the International Film Festival of Kerala for refusing to stand up for the National Anthem. Following this, well known Malayalam Film Maker and this year’s festival director Kamal was targeted by Yuva Morcha for being a Muslim, though he has always refused to live with a Muslim Identity.

The CPM which has now become the self proclaimed vanguards of the nation from Jingoistic Nationalism is no different from the BJP in power and other supporting right wing outfits in its fascistic tendencies. Anything that is forced can only be a mockery and people have all the right to not to conform to the ideas which they don’t believe in. A country, which has failed to address the oppressed identities including Dalits, Adivasis, Muslims, Kashmiris, people from the north-east, sexual and linguistic minorities cannot all of a sudden demand everyone to stand up for its National Anthem.

Within a few days, Malayalam writer, theatre artist Kamal C Chavara has been picked up by the police on the complaint filed by the Yuva Morcha o the allegations of disrespecting national anthem in his novel “Smashaanangalude Nottupusthakam. A young activist Nadeer, who visited Kamal in hospital was then picked up, under suspicions of Maoists links, while him being a strong critic of Maoist ideology. Both their releases could happen because of the pressure built by their supporters. Nadeer’s house was still raided following his release.

Sudeep and Shafeek, two activists from Kerala have charges on them for supporting the accused. It is our right to question and critique the state and the judiciary when they go against the will, fundamental rights and well being of its people. The state always has possessed this classical tendency to criminalise the dissent, but recently, with BJP coming into power with the support of other right wing outfits and corporate giants, the socio-political situation has reached its worst. Similar instances have been repeating in Kerala under the CPM Government. And, to add on to this, it is important to remember that feudal, brahmanical and fascist tendencies of CPM, the so-called left, is not very new.

Few days back, five students from Maharajas College, Ernakulam have been arrested for writing on the walls. The lines which they chose are actually from a poem by well known Malayalam Poet Kureeppuzha Sreekumar. The students are released but still have charges on them on the principal’s complaint. We all started our fights writing posters and writing on the walls. When they criminalise the dissent, it’s high time to reclaim our spaces.

We have lost Rohit and Najeeb under the fascist regime. We can’t afford to loose more. There are more people who are inside and outside the jail with the charges of UAPA and sedition. Abdul Nazer Mahadani, Sakkariya, Thasleem, Shanto Lal, Ismail Hamza, Kannampilly Murali, M N Ravunni, Sabu, Gauri, Chathu, Ajithan, Arun, Anoop, Thushar Nirmal Sarathy, Jaison C Cooper, and the list never ends. Some are in Jail for years though there is not enough evidence against the allegations made against them.

The state has been using the draconian laws like UAPA and AFSPA for years against it’s own people to oppress the voice of dissent. These laws, while going against the fundamental rights, provide the state a chance to target people who raise their voice, without even going “extra judicial”. We have examples like Dr G N Saibaba, Kabir Kala Manch, Arun Ferreira and Koba Gandhi in the past. The state has been using the law as tools to prevent the struggles of the oppressed and the marginalised. This is high time we unite and stand against all the draconian laws and demand justice for the political prisoners all across the country.

Whatever manifests in the society through police-raj is a sign of having a corporate-fascist, right-wing state in power, both at the centre and the state.

We conclude with what Albert Camus once said, “The only way to deal with an unfree world is to become so absolutely free that your very existence is an act of rebellion.” Love and Solidarity to the people who have been attacked and targeted by the state for raising their voices.

We Shall Fight,
We Shall Win.

 

Bastar Police Continue Their Vendetta Against Women Human Rights Defenders

 

Clearly rattled by the mounting body of evidence of blatant violations of the rule of law and Constitutional rights under the cover of anti-Maoist operations, the Bastar police has launched a no-holds-barred attempt to silence all those who are calling them to account.

Advocate Shalini Gera and her colleagues of JagLAG who were in Jagdalpur in connection with a case of false encounter of a young Adivasi boy (1), were confronted on the night of 27 December by a police team which entered the dharamshala where they were staying and accused them of trying to exchange demonetised notes on behalf of the Maoists. Despite the fact that they were following up on an order by the Chhattisgarh HC for exhumation and a second post-mortem in the case and their accommodation had been arranged by the office of the Divisional Commissioner, Adv Shalini and her colleagues were ordered to come to the police station for interrogation. Attempts were also made to forcibly search their rooms and belongings. When asked to produce a warrant, the SI in charge of the team became even more aggressive and abusive. It took a personal call from the Divisional Commissioner to the SI to force the police to back off.

A day later when she was back at her office in Bilaspur,Adv Shalini received a call on her mobile from the SP Bastar, Shri RN Dash. Shri Dash was calling from a private number which was later identified as belonging to one Farukh Ali, a member of AGNI, a vigilante group that enjoys the patronage of the Bastar police.
Speaking in an aggressive and offensive manner, Shri Dash insisted that he had received complaints accusing Adv Shalini of being a Maoist agent, inciting villagers against getting Aadhar cards, changing old currency notes for the Maoists, spreading stories about police atrocities and other such random allegations. Shri Dash asked Adv Shalini to come to Bastar for further “interrogation”, to which she replied that she would not respond to intimidation and would answer questions only if due process was followed.

When Adv Shalini called back on Shri Dash’s official number to confirm if he was indeed the person who had just threatened her, he at first refused to admit that he knew who she was but soon lost his temper again, confirmed that he had called her, reiterated his claim that there were complaints against her and told her not to “waste his time” by calling him. Within a few hours after this conversation, copies of the complaint and allegations against her were being circulated on social media by Farrukh Ali, proving – if proof were needed – the close nexus between the police and these violent so-called “independent civil society groups”.

It will be remembered that earlier this year, the Bastar police unleashed a campaign of threats and intimidation against local activists, media persons, human rights lawyers and others who were investigating and exposing the systematic violations of human rights, particularly sexual violence against Adivasi women by police and auxiliary forces engaged in anti-Maoist operations. In response to complaints from WSS and wide coverage in national newspapers, the National Human Rights Commission took cognisance the issue and fielded an investigation team in March 2016. The Chhattisgarh government has yet to respond to the report of this investigation.

Meanwhile, the Bastar police under the command of Inspector-General SRP Kalluri has continued its attacks on human rights defenders, activists and journalists, brazenly flaunting its disregard for human rights and the rule of law. IG Kalluri has publicly opposed the Supreme Court judgement in the Salwa Judum case, and has orchestrated the formation of vigilante groups like AGNI that provide platforms for erstwhile Judum leaders to continue their violent activities. Shri Kalluri reacted to his indictment by the CBI in the Tadmetla atrocity, where police fired on unarmed Adivasis and set an entire village on fire, by attacking Prof Nandini Sundar, the petitioner in the Salwa Judum case, and attempting to implicate her in the murder of a member of an anti-Maoist village-level vigilante squad.
The attack on Adv Shalini and her colleagues follows closely on the arrest of seven members of a fact-finding team from the Telengana Democratic Forum who were on their way to Bastar were summarily arrested, accused of exchanging demonetised notes for Maoists and charged under the draconian provisions of the Chattisgarh Public Security Act. The arrested persons include senior human rights lawyers, Dalit rights activists and student leaders.

These patently illegal and outrageeous attempts to subdue and silence human rights defenders are a signal of the growing desperation of the Bastar police which has now been completely exposed as a rogue force that has perpetrated a reign of terror in Bastar, turning it into a war zone. Out of the 185 deaths by police firing during anti-Maoist operations in the country during this year, 134 have been in Bastar. In the majority of these cases, independent fact-finding teams have found these to be cold-blooded killings of unarmed people, giving the lie to police claims that they fired in self-defence or that villagers were caught in cross-fire. It is this blood-soaked reality that the Bastar police are trying to cover up through their blind vendetta against human rights defenders

The NHRC has taken suo motu cognisance of the deteriorating situation in Bastar, and has summoned the Chief Secretary of Chhattisgarh and IG Kalluri to explain the continuing attacks on human rights defenders, journalists, lawyers and local activists under their watch. Having ducked a previous summons by pleading ill-health, Shri Kalluri is now due to appear before the NHRC on 16 January 2017.

We appeal to all democratic and peace-loving individuals and groups to come together to condemn and resist these shameless attempts to silence dissenting voices and undermine the Constitution, the Supreme Court, the NHRC and other institutions of democratic governance in Bastar.
1 WP Cr. 372/2016 (CG High Court) Kumma Pottam and Anr vs. State of Chhattisgarh and Ors

 

Prevention Of Custodial Torture: SC Appoints Sr Adv. Collin Gonsalves As Amicus Curiae

http://www.livelaw.in/prevention-custodial-torture-sc-appoints-sr-adv-collin-gonsalves-amicus-curiae-read-order/ 

 

 

PIL – Land Mafia ,  Judges  &  RTI  Activist  Murder

An  Appeal to Honourable Supreme Court of India ,  Karnataka High Court & National Human Rights Commission

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017


IN THE MATTER OF 


NAGARAJA . M.R 

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner

Versus 

Honourable Chief Secretary , Government of Karnataka & Others 

....Respondents 



PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA. 


To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants. 

2. Eventhough , I have repeatedly appealed to government of karnataka authorities , MUDA , BDA , KIADB , MCC , BBMNP , etc seeking information regarding illegal buildings , land encroachments specifically in mysore & bangalore , they didn’t provide me information. Now one land scam after another are tumbling out. 

3. I have given certain details to authorities including judiciary , SCI regarding land , lake encroachments in mysore when encroachment was at preliminary stage. The authories could have stopped it , but they didn,t. Now , the hinkal lake , hebbal lake , hootagalli lake & BEML Quarters lake have been encroached to maximum extent and criminals have made crores of rupees profit. 

4. Government authorities has not given title deeds to tribals living in forest since centuries , government authorities has not given title deeds to landless people , dalits who are cultivating on government land since decades.

5. Government authorities , police immediately evict , take suo motto action when a poor family , nomadic family just erects a hutment on government land. The same public servants , police don’t take action when a rich crook palatial bungalow , business complex on government land , lake bed. Cann’t they see it. , they can but are hands in glove with looters.

6. even some of the judges don’t take action when appeal for justice is made to them , to evict encroachers , to stop encroachment. It may be quid pro quo arrangement with crooks. See how many judges have benefitted from government discretionary quota allotment of sites , illegal judicial layout , etc.

7. The land encroachers are not poor people below poverty line , they don’t even have ability to build a pucca house. Encroachers are rich crooks , greedy individuals with political connection. So they don’t deserve compassion.

8. Now , government of karnataka is trying to legalise illegalities in buildings , land encroachments , which gives a booster dose to criminals to commit more crimes.

9. As per equitable law if present land encroachments are legalized , in future too government must legalize future land encroachments when ever it takes place.

10. Prior to enactment of AKRAMA SAKRAMA SCHEME of government of karnataka legalizing illegal constructions , land encroachments, MUDA , BDA , MCC , KIADB officials evicted , demolished buildings of encroachers who didn’t cough up bribes. The one who paid bribes , their encroachments , illegal buildings survived and now getting legalized by government.

11. Now , as per equity who ever have been evicted from encroachments , who’s illegal buildings demolished must get compensation from government. If not all encroachers must be evicted & illegal buildings must be demolished.

12. Now  Karnataka High Court  has given green signal to  “AKRAMA SAKRAMA” scheme of government of Karnataka , therby HC Judges are favoring land mafia , criminals.

13. It is the duty of the government  , Police & Court  to  give protection  to journalists , whistle blowers , RTI Activists  who are unearthing  truths , crimes. But  all of them have failed in their duties  to protect RTI Activist Mr.Srinath of Mysuru who was brutally murdered.

14. Recently  Karnataka high court  gave  clearance to Karnataka government’s  regularization of illegal buildings  ( AKRAMA  SAKRAMA ) scheme.

a.  Law is one & same for all.

b.  Government  authorities , police razes down , demolishes  small temporary hutments built by tribals , dalits without  mercy ,  takes suo motto action.  No  court comes to their rescue.

c. Till date  bagar hukum  lands  are not given to dalits , tribals  are not given land rights over their huts in forests. Is Cout  blind , deaf ?

d. However  when rich crooks build  bungalows , commercial complexes  illegally , no suo motto action  taken by government authorizes , police , why ? Courts go a step further it gives  stay orders against demolition  of rich crook’s illegal buildings , asks government to modify plan , law itself  to save illegal buildings of rich crooks.

e. Does Karnataka HC  has  details of exact number of building violations , buildings built on forest lands , lake beds , raja kaluves  with  respective  after  affects on neighbouring buildings , road traffic , ecology , etc  and contingency plan by authorities to overcome those  after affects  casewise backed by technical studies. Make it public.

f. What criminal  action initiated against revenue , police & other officials  who failed in their  duties at the first instance  to stop the  illegal building construction.

g. Small houses  of  poor people  who have  smaller building violations  but  who failed to bribe officials  were dealt mercilessly. Their houses were razed down . Now , will the HC order the government to compensate them , to rebuild houses for them  as the court is now saying they are legal now.

h. Government & HC has given a  cut  off  date  for consideration of  regularization of illegal buildings. When a crime before that cut off date becomes legal , why cann’t it be legal  after that date ?

i. What  guarantee  HC gives no illegal  buildings  has  come up after cut off date  and will never come in future ?

j. If comes what criminal action  against the concerned officials ?

Bottomline : Judges open your eyes , listen , think & then act.




2. Question(s) of Law:

Is robbing another’s property right , legal ? is robbing land , lake – a public property for private , individual use right ? 

Is it  NOT  the  duty  of Police , Court & Government  to  protect Rights , Lives  of  Journalists , Whistle Blowers , RTI  Activists and their family ?

Why   they failed to protect  the life of  Mysuru RTI Activist  Mr. Srinath ? 

3. Grounds:
Requests for equitable justice , Prosecution of master minds of land grabbing ,frauds and related crimes.


4. Averment: 

Covering up Land Frauds & Land Mafia . Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal---muda-bda-kiadb ,

Karnataka High Court Judges favoring  Land  Mafia

https://sites.google.com/site/sosevoiceforjustice/hc-judges-favoring-mafia  


Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties ,  to answer the  following RTI questions  , to  protect Rights , Lives of Journalists , Whistle Blowers , RTI Activists , their family members  and to  annul  Karnataka High Court order legalizing  illegal buildings in Karnataka.


The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:


a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions  raised above.

b. Hereby , I do request the honorable supreme court of India for  orders  to   concerned public servants , Government of Karnataka to answer the  following RTI questions. 

c. Hereby , I do request the honorable supreme court of India for  orders  to   concerned public servants , Government of Karnataka  to  protect  Rights , Lives of Journalists , Whistle Blowers , RTI Activists  &  their family members  and to  pay  compensation  of minimum  five crore rupees  to victim’s family   from public exchequer. Afterwards the  property , money  of  alleged criminals & their family members must be seized , money recovered  by the public exchequer / government.

d. Hereby , I do request the honorable supreme court of India for  orders  to  government of Karnataka  to apprehend , legally prosecute  the  criminals involved  in the recent murder of RTI Activist  Mr. Srinath  in Mysuru , to pay compensation of five crore  rupees  from public exchequer to   the  family of deceased and  to seize all properties of alleged criminals.

e. Hereby , I do request the honorable supreme court of India for  orders  to  annul  Karnataka High Court order legalizing  illegal buildings in Karnataka  and  to order all Karnataka High Court Judges to make public  their & their family member’s  full  property  , wealth details  on sworn affidavit.

f. Hereby , I do request the honorable supreme court of India for  orders  to  government of Karnataka  officials , Revenue department officials , MUDA , BDA  officials   to make public  their & their  family members  full property , wealth  details on sworn affidavit  within 90 days.


g . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY. 

Kindly read full details at following web page : 

https://sites.google.com/site/sosevoiceforjustice/rti-first-appeal---muda-bda-kiadb
 ,


Karnataka High Court Judges favoring  Land  Mafia

https://sites.google.com/site/sosevoiceforjustice/hc-judges-favoring-mafia  




Dated :  01st January 2017 ………………….FILED BY: NAGARAJA.M.R.

Place :   Mysuru , India…………………….PETITIONER-IN-PERSON 

 

DECLARATION


Name : ...........................NAGARAJA.M.R.


Address : ...................LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE - 570017 INDIA


Professional / Trade Title : S.O.S - e – Voice For Justice


Periodicity : WEEKLY


Circulation : FOR FREE DISTRIBUTION ON WEB


Donations : NOT ACCEPTED. Self financing . Never accepted any donations , subscriptions either for ourselves or on behalf of other organizations / individuals .


Monetary gains : nil , never made any monetary gain by way of advertisements on my websites or web news paper or otherwise.


Owner/editor/printer/publisher : NAGARAJA.M.R.


Nationality : INDIAN


Body Donation : Physical Body of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice is donated to JSS Medical College , Mysore             ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.


Eye Donation : Both EYES of Nagaraja M R , Editor , S.O.S- e – clarion of Dalit & S.O.S-e-Voice for Justice are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.


Home page : 

http://evoiceforjustice.dalitonline.in/  ,

http://in.groups.yahoo.com/group/sosevoiceforjustice/ , http://groups.google.co.in/group/hrwepaper / , 

http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

It is the duty of Supreme Court of India to Protect , Guard the constitutional rights , fundamental rights of every Indian citizen . Since 25 years  I am  appealing  to SCI  about  issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated  but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made ,  physically assaulted , livelihood  / jobs were  denied , news publication closed , press accreditation denied ,  received threatening  calls , blank calls, even to date  rough elements follow us , rough elements  scout  near home at mid night. Does  not these indicate some ties between rough elements & SCI  Judges ?

 

Public Interest Litigation is an appeal  for justice  to the courts , to redress  the injustices meted out to  the public.  Individual cases of injustices  pertaining to an individual are not covered under PIL, however  an individual an activist  who  is fighting for public causes  suffering  injustices  as a result of   his struggle  ,caused by powers that be to silence him  can club  his individual case under the public causes  (PIL ) he is  appealing.

 

Nowadays people of questionable character , integrity  are being selected to public posts , end result is present day india.  In the following web sites I have shown  few actual cases of crimes by judges & police , just imagine what type of justice common man gets.

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

https://www.scribd.com/document/334590032/Crimes-by-Khaki  ,

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

Judges show their full wisdom , apply rigid law book while  judging cases of commoners , take suo motto action  where as  cases involving rich crooks comes before them inspite of repeated PILs they don’t consider it , let alone take suo motto action. Judges make far fetched interpretations of law , ultimately benefitting the rich crook. Where is the wisdom of Judges ?


I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.

Powers that  be , higher ups have referred all my previous cases to police although in most of the cases  police don’t  have jurisdiction over it.  It  sends  a subtle message by police force to  the  complainant  to keep silent . In the remaining cases  which are under their jurisdiction police  don’t act against higher ups , high & mighty. In such cases police lack  practical powers , their hands are tied although they  are  honest.  As a end result , police  have repeatedly called   me to police station  number of  times  ( have never called guilty  influential persons even once)  took  statement  from  me and closed  the files.

 

Hereby , I do make it clear  the statements made by me  in my original petitions , PILs , news papers  , etc  while I was in  a free & fair atmosphere  are  TRUE  , over rides , prevails over all the statements made by me before police  earlier and  which will be made by me  in future before police.

 

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members – In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional functionaries.

 

date :  01.01..2017…………………………..Your’s sincerely,

place : India……………………………………Nagaraja.M.R.

 

 

 

Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2  No  761,HUDCO FIRST STAGE ,

OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

 http://in.groups.yahoo.com/group/sosevoiceforjustice/ ,  http://groups.google.co.in/group/hrwepaper / , 

 http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,  

https://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

 

Contact  :  naghrw@yahoo.com   , nagarajhrw@hotmail.com  ,

http://www.amnesty.org/en/user/naghrw  

A   Member  of  Amnesty  International   

 


Posted by naghrw at 3:30 PM

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