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HUMAN RIGHTS
human rights , media
Sunday, 19 March 2017
Judge's MAFIA against Karnan
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.12........25  / 03 / 2017


Notice  To  Chief  Justice  of  India

https://sites.google.com/site/sosevoiceforjustice/notice-to-chief-justice



 

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?


Why no action against judges who committed sex crimes against women , who swindled employees provident fund money , etc , While Judges belonging to powerful castes , having influence , who have done grave crimes are let off , their cases buried. Justice karnan is tortured as he is a dalit without any influence for exposing crimes. So called learned advocates are defying gentleman's boundaries and personally calling a judge as lunatic. Are those learned advocates cultured , gentleman , what they have done to safeguard justice. Read JUSTICE KARNAN VICTIMIZED in web news paper SOS E CLARION OF DALIT. Judge's Mafia. Overall in this saga certain people want to bury the corruption allegations made by Justice Karnan, by diversion from core issue of corruption by judges. In the same way dalit judges Justice Gwal & Justice Ramakrishna were tortured by High ranking judges , where is the justice to these persecuted dalit judges ? Why not their tormentors high court & supreme court judges legally prosecuted under Prevention of Atrocities Act against SC /ST ?

 

Judges  SEX  crimes

https://sites.google.com/site/sosevoiceforjustice/judges-sex-crimes

 

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   ,

 

 

50% of higher judiciary corrupt, says ex-SC judge Markandey Katju

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

 

Eight chief justices were corrupt: Ex-law minister

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

 

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

http://www.sify.com/news/in-suicide-note-arunachal-cm-kalikho-pul-alleges-graft-by-sc-judges-congress-news-national-rcruamjjfdhhc.html ,

 

Calcutta HC Justice Karnan calls judiciary corrupt, brings up old allegations against HC judges

 

http://www.hindustantimes.com/india-news/calcutta-hc-justice-karnan-calls-judiciary-corrupt-brings-up-old-allegations-against-hc-judges/story-k0WRYaBWRPYaUI6HgzPDHP.html

 

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 

 

 

     The  mafia  of corrupt  has never allowed for transparent , impartial   investigation into criminal cases  involving higher judges & public servants. Justice Karnan  is in  the position of  high court judge due to his merit , talent , education  not  on the basis of reservation or anybody’s mercy. Justice Karnan is a whistle blower , he has exposed corruption in the higher judiciary , he has not done any crimes. Now , powers that be instead of ordering for a fair investigation into   his charges,  is trying  all out to silence him. Some  people  are  even making personal  attacks , by calling him lunatic. Those persons may be beneficiaries   of the existing corrupt judicial system and they  want to continue  with this present  corrupt system.

   In a Mental Hospital ward , say there  are number of  mentally challenged patients  playing inside the ward. A doctor & his assistant enters  the ward to  check , give  routine medicines , injections to patients and then all those  patients call  the  doctor himself as  mad. It is the same situation now.

     Are  not  the so called learned , aged advocate ( @ god’s airport )  and  learned   judges   see the  crimes by judges in the past. See  sample cases mentioned above & below.  What  action taken by those  learned judges &   learned advocate , to safe guard law  in the above / below  mentioned cases? Our  judicial  system is  being  weakened  by  corrupt  judges &  few  , greedy   advocates  ( learned  ? ) , NOT by  whistle blowers  who  have sacrificed  to protect the  nation from corrupt people.

    In the past  few judges  belonging to powerful castes  facing  charges of  gravest crimes , got a smooth sailing , their  cases white washed. But Justice  Karnan  belonging to oppressed  Dalit  class  is being  tortured  for standing up against corruption. He has done no crimes. This is the very reason few honest judges  & honest  advocates  keep  silent  fearing  victimization.

   Hereby , we  demand Honourable Supreme Court of India :

1.       To  order  transparent , impartial   investigation into all the above mentioned corruption cases involving high ranking judges.

2.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  high ranking judges  who  tortured  Dalit Judges – Justice Karnan , Justice Gawl & Justice Ramakrishna.

3.       To  order for filing  charges  under SC / ST Atrocities Prevention Act  against  learned advocate & others  who made personal attacks on Justice Karnan  by calling him as lunatic and  for  obstructing legal prosecution of the corrupt judges.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 


·  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.

 

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.

 

Legal Notice to 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

 

 

 

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 / ,  

http://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 1:04 PM
Permalink
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 / ,  

http://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 / ,  

http://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
Permalink
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 / ,  

http://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 / ,  

http://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
Permalink
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.

indexaaaaaaaaa

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

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

 

Javare Gowda draws flak for ‘misusing' fast 

 

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

 

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

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

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

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

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

This stance has incensed teachers.

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

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

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

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

 

 

ABVP plans Manasagangothri bundh tomorrow

Mysore, August 14, DH News Service:

 

 

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

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

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

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

 

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

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

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

 

Probe into lapses in medical college recruitment

 

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

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

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

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

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

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

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

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

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

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

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

 

Eight persons accused in Dalit atrocity case in jail

 

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

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

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

Boycott

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

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

 

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

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

 

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


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

 


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

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


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

 

 

ELIMINATE MANUAL SCAVENGING BUT NOT SCAVENGERS

-         an appeal to honourable supreme court of India

 

 

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

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

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

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

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

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

      

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

 

Your's sincerely,

Nagaraj.M.R.

 

KSOU ready to face any probe: Vice-Chancellor

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

DNA Correspondent

 

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

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

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

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

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

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

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

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

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

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

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

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

 

Govt orders criminal cases against ex-VC of Mysore varsity

Bangalore, June 11, DH News Service:

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

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

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

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

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

 

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

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

 

 Vice-Chancellor of VTU failed in 7 semesters

 

 

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

 

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

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

 

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

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

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

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

 

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

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

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

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

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

 

 

 

KU scandal: Probe reveals murky links

 

 

 

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

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

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

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

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

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

 

 

Degree certificate tampering scandal hits BU

 

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

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

 

 

The 30 Billion Dollar Medical Seats Scam

 

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

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

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

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

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

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

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

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

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

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

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

Trivedi blamed the conduct of the politicians saying

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

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

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

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

The TV channel wrote

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

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

Times of India  wrote

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

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

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

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

The Indian Express wrote

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

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

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

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

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

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

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

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

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

Related Links

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

 

 

 

DVS alleges marks card scam in RGUHS, seeks Lokayukta probe

 

 

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

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