Karnan Jailed , Khehar ?
Topic: human rights , media

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

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Editor: Nagaraja.M.R.. Vol.13..Issue.26........01 / 07 / 2017

 

Editorial : Karnan  Jailed ? Why NOT  Khehar ?

         The  ugly Karnan vs Khehar  episode  could have been avoided , if supreme court judges did their duties , as per constitution of india. First of all  when Justice  Karnan  sent a letter leveling  corruption allegations against high ranking judges and  Atrocities on Dalit judge Karnan,  CJI & Supreme court should have  immediately  ordered for an  impartial enquiry as per law. However CJI & Supreme court judges took the wrong path  , didn’t take  any action and shielded the criminal judges.

        When Karnan  persisted with his allegations  with other constitutional authorities , CJI & Supreme court tried to silence him by transfer , subsequently by stripping him of judicial powers – virtually removing him as a judge although  technically he remained as a judge in service register.  Only Indian Parliament & President of India  has the  constitutional power to remove a High court or Supreme Court judge from office , nobody else.

       As  CJI & Supreme Court  took  unconstitutional , illegal steps to shield  criminal judges , Justice  Karnan  to match them too took wrong path  crossing his boundaries for his own survival. 

       Finally , CJI & Supreme Court  took  ultimate  illegal path  of jailing a High court judge without  enquiring into his allegations , without proper cross examination & no findings , judgement copy.  Dalit Judge Justice Karnan  don’t have caste  power  nor power of lobby , therefore he was an easy prey for corrupt judicial mafia.

    CJI Karnan  &  Supreme Court Judges  have now set a precedent that a  Constitutional authority , High court / Supreme Court Judge can be legally prosecuted  & jailed without sanction of Indian parliament.

    Now refer the  following  cases of  grave crimes by  Judges. Why not they are legally prosecuted  & sent to jail  in the same fashion as karnan. Why NOT start with CJI  Khehar  facing corruption charges , judgement fixing charges himself ?

 

Your’s

Nagaraja M R

Tail piece : True independence is not achieved till these corrupt parasites are weeded out from government.

 

JAIL  CJI  Khehar 

https://sites.google.com/site/sosevoiceforjustice/jail-cji-khehar  ,

 

Judges & Sex  Crime

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

 

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 

 

CJI  Khehar  Answer

https://sites.google.com/site/sosevoiceforjustice/cji-khehar-answer  , 

 

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

– BY GAURAV VIVEK BHATNAGAR

 

The RTI Act has faced resistance from the courts in recent years, especially when information is sought about their functioning as public authorities, a new report says.

 

The jury is out on whether the judiciary has over the years played the role it ought to while dealing with matters pertaining to promoting transparency in general and the Right to Information (RTI) Act in particular. Legal luminaries and RTI activists alike believe the court’s must play a more supportive role if greater transparency in public life is to be achieved.

 

A recent report titled ‘Tilting the Balance of Power – Adjudicating the RTI Act’ by the Satark Nagrik Sangathan (SNS) and the Research, Assessment and Analysis Group (RaaG), notes that before the RTI law was passed, the judiciary played a seminal role in recognising and furthering peoples’ right to information in India. In fact, as far back as 1975, 30 years before the RTI law was enacted, the Supreme Court adjudged the right to information to be a fundamental right.

 

Besides being the final adjudicatory authority for the law, the Supreme Court and high courts are also public authorities under the RTI Act. The report, authored by RTI activists Amrita Johri, Anjali Bhardwaj and Shekhar Singh, suggests that the RTI Act appears to be facing resistance from the courts, especially when information is sought about their functioning as public authorities.

 

Is RTI facing resistance from the judiciary?

In the last ten years, scores of RTI applications have been filed by citizens seeking information from the courts, many of which have required judicial adjudication. Five such matters reached the Supreme Court, three of which were referred to a constitution bench that is yet to be set up. The other two cases were dismissed by the apex court at the stage of admission. About the cases that were dismissed, the RaaG-SNS report notes:

“Unfortunately, these cases raised matters of great public interest but were dismissed by the SC without providing any details or reasons in their orders. One of them sought information using the RTI Act, about cases pending with the Supreme Court in which the arguments had already been heard but orders had been reserved. In the other matter, the applicant sought the total amount of medical expenses of individual judges reimbursed by the Supreme Court, citing a Delhi high court ruling of 2010 which stated that, ‘The information on the expenditure of the government money in an official capacity cannot be termed as personal information’.”

 

Information denied on appointment of judges

In one of the three cases referred to the constitution bench, an RTI applicant filed a request to the Supreme Court in 2009 seeking a copy of the complete correspondence, with file notings, exchanged between the chief justice of India (CJI) and other concerned constitutional authorities relating to the appointment of Justice H.L. Dattu, Justice A. K. Ganguly and Justice R.M. Lodha as judges of the Supreme Court, superseding the seniority of Justice A.P. Shah, Justice A.K. Patnaik and Justice V.K. Gupta. The information sought was denied. When the Central Information Commission (CIC) directed that the information be furnished, the information officer of the apex court appealed directly to the Supreme Court against the order.

 

CIC order on assets of judges challenged before apex court

In the second case, the RTI applicant asked if any declaration of assets was ever filed by the judges of the Supreme Court or high courts to the respective CJIs. The Supreme Court’s 1997 resolution requires judges to declare to the CJI the assets held by them in their own name, in the name of their spouse or any person dependent on them. The information was denied but the CIC directed that the information sought by the applicant be provided. The CIC order was challenged by the Supreme Court in the Delhi high court, which held that the contents of asset declarations were entitled to be treated as personal information under Section 8(1)(j) of the RTI Act, but since the applicant only sought to know whether the 1997 resolution was complied with, the sought information should be provided. A three-judge bench of the high court stated:

“…A judge must keep himself absolutely above suspicion, to preserve the impartiality and independence of the judiciary and to have the public confidence thereof.…Accountability of the judiciary cannot be seen in isolation. It must be viewed in the context of a general trend to render governors answerable to the people in ways that are transparent, accessible and effective. Well defined and publicly known standards and procedures complement, rather than diminish, the notion of judicial independence. Democracy expects openness and openness is concomitant of free society. Sunlight is the best disinfectant.’’

This judgement was subsequently challenged by the chief public information officer before the Supreme Court.

In the third case, quoting a media report, an RTI application was filed with the Supreme Court seeking copies of correspondence between the then CJI and a judge of the Madras high court regarding the attempt of a union minister to influence judicial decisions of the said high court. The applicant also sought information regarding the name of the concerned union minister. The CIC, in its order, overturned the decision of the public information officer, which denied the information sought. Bypassing the Delhi high court, the public information officer of the Supreme Court directly moved a petition before the SC challenging the CIC order to disclose information.

 

Three cases clubbed together

In its order, the Supreme Court, while hearing the case related to correspondence between the CJI and other constitutional authorities about the appointment of judges, clubbed the other two cases with the matter. The apex court order stated that the consideration of a larger bench was required as grave constitutional issues were at stake, including the need to balance the independence of the judiciary and the fundamental constitutional right of citizens to freedom of speech and expression.

The court listed three sets of questions which, according to them, raised substantial questions of law as to the interpretation of the constitution:

·         Whether the concept of independence of judiciary requires and demands the prohibition of furnishing of the information sought? Whether the information sought for amounts to interference in the functioning of the judiciary?

·         Whether the information sought for cannot be furnished to avoid any erosion in the credibility of the decisions and to ensure a free and frank expression of honest opinion by all the constitutional functionaries, which is essential for effective consultation and for taking the right decision?

·         Whether the information sought for is personal information and therefore exempt under Section 8(1)(j) of the Right to Information Act?

The report by RaaG and SNS notes that while the first two sets of questions do seem to relate to constitutional issues, like the adverse impact peoples’ right to information might have on judicial independence, or amount to interference in the functioning of the judiciary, or compromise its credibility, it is not clear how the third question relating to exemption on grounds that it is personal information under section 8(1)(j) of the RTI Act raises any constitutional concerns.

The report goes on to highlight the contradictions inherent in the stand taken by courts in these matters by quoting judgements of the Supreme Court in which the court has itself discussed one or more of these issues in relation to the judiciary and other public functionaries and ruled in favour of transparency. For instance, the Supreme Court in Manohar s/o Manikrao Anchule vs State of Maharashtra & Anr in 2012 stated that “It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision-making not only makes the judges and decision-makers less prone to errors but also makes them subject to broader scrutiny.”

In Union of India vs Association for Democratic Reforms, 2002, the court directed the Election Commission to call for information from all candidates seeking election to parliament or a state legislature, and from their spouses and dependants, about their assets as, “…there are widespread allegations of corruption against the persons holding post and power. In such a situation, question is not of knowing personal affairs but to have openness in democracy for attempting to cure cancerous growth of corruptions by few rays of light. Hence, citizens who elect MPs or MLAs are entitled to know that their representative has not miscomputed himself in collecting wealth after being elected.”

In PUCL vs Union of India in 2003, while examining the plea that contesting candidates should not be required to disclose the assets and liabilities of their spouses as it would violate the right to privacy of the spouses, the Supreme Court held that the fundamental right to information of a voter and citizen is promoted when contesting candidates are required to disclose the assets and liabilities of their spouses. The SC ruled that when there is a competition between the right to privacy of an individual and the right to information of the citizens, the former right has to be subordinated to the latter right, as the latter serves a larger public interest.

Similarly, to ensure transparency and improve the process of selection of judges in Supreme Court in Advocates-on-Record Association and Ors. vs Union of India in 2015, a five-judge bench laid down broad guidelines for the government of India which was tasked with the responsibility of preparing the Memorandum of Procedure for the appointment of judges. Among other things, the guidelines stated that the eligibility criteria and procedure for selection of judges must be transparent and put up on the website of the court concerned and the department of justice. In addition, they required the provision of an appropriate procedure for minuting the discussions including recording the dissenting opinion of the judges in the collegium.

 

Supreme Court’s changing position 

Former information commissioner Shailesh Gandhi believes the Supreme Court’s stance towards RTI has changed in the past few years.

“If I look at the Supreme Court judgments on transparency and Right to Information before the Act came in 2005 and after the Act, it looks like these are two different countries, two different courts,” he said. Gandhi said he had earlier come out with another report which showed how out of 17 orders of the SC on RTI, in only two it ordered information to be given.

On what could have prompted the change, he said, “I can guess very easily. Before the RTI Act came freedom of speech was fine but nobody questioned the court and nobody tried to find out anything about the courts and people would only say, “I have great faith in the judiciary”. The Right to Information for the first time changed that paradigm. A reporter of any newspaper would be wary of what he writes as far as the judiciary is concerned. But RTI people started asking all kind of inconvenient questions. And some things have come out which have been very unpalatable, to say the least.”

Gandhi said now the judiciary refuses to look at RTI applications that have anything to do with them. “When you are in a public office and right to information is there, people will ask all kinds of things. When I was a commissioner, someone had filed an RTI application asking how much bribe Shailesh Gandhi has taken in the last two years. Now, things like this can be upsetting to people. And in my opinion, that is why they have gone against transparency and RTI Act.”

He said that often the judiciary has been very direct in showing its anger against the RTI. “In the first CBSE judgment, they said RTI should not be allowed to damage the peace, integrity and harmony of India. Such a view is okay for terrorists, but not for citizens. I have noticed over time that everyone in power dislikes being transparent.”

Recalling how the website of the Supreme Court was probably the best which existed under Section 4(1)(b) when he was the chief information commissioner, the first chief of the CIC, Wajahat Habibullah said he also, however, understands that having a website and making disclosures are two different things. “And therefore it is quite possible that in this case the Supreme Court has not been very favourably inclined towards the RTI. It simply means that the current phase of RTI in the courts is one that is defensive. It is not anti-RTI, it is more defensive in terms of the openness of the RTI.”

 

‘Judiciary too resists accountability’

Senior advocate Prashant Bhushan concurred that the judiciary too does not like transparency when it concerns its own accountability. “Unfortunately we have seen that when it comes to themselves, the courts do not want any accountability or any transparency and this we have seen in all kinds of issues.”

For example, he said, “in judicial appointments, the court shies away from transparency, by and large, some judges are exceptions who ask for it, but otherwise they don’t want transparency. Same thing happens with accountability. They don’t want any accountability and, in fact, they have progressively whittled down their accountability.”

Habibullah believes that at the moment “RTI is facing challenges”.

“When I was there [as the Chief Information Commissioner] my dealing was basically at the high court level as there were few cases in the Supreme Court then. The high court decisions were generally very supportive of the RTI. It was the time of the actual establishment of the jurisdiction or expanse of the RTI and these orders were very constructive. Now it is passing through a different phase where there has been some sort of a retreat,” he said.

 

‘Public pressure can change the tune’

Bhushan said the judiciary has also very often taken contempt action against people who have written anything against the judiciary or the judges. “Therefore, it is very clear that by and large judges do not want any accountability, nor any transparency. And that is why now that the RTI Act has also been applied to them they are passing judicial orders basically obstructing the orders of the CIC. This is what has happened. Ultimately these matters are for the courts to decide. But once there is sufficient public opinion then probably they will change their tune.”

According to Bhardwaj of SNS, given the extremely progressive orders related to transparency by the Supreme Court before the RTI Act was passed, people expect the judiciary to champion the cause of transparency and expand the scope of the law. “The reluctance of the judiciary to submit itself to the RTI Act is very concerning and we really hope that the constitution bench will give a progressive ruling on the questions referred to it. One of the main objectives of the RaaG-SNS report is to provoke a public debate on the manner in which the RTI Act is being interpreted by the adjudicators and to mobilise public opinion to demand greater openness in the functioning of all public authorities including the courts.”

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

  

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxena, who was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

 

  Supreme Court  averse to Transparency

By M.J.Nedumpara

While the government often comes under fire for not effectively implementing the RTI Act, few have noticed that India’s highest court violates the Act routinely, and with an impunity that makes the government’s evasion of the RTI Act seem benign.

Consider the following:

·         On 20th February 2008, Satnam Singh, a prisoner in Ludhiana’s Central Jail sent a Right to Information (RTI) request to the Supreme Court (SC) asking for a copy of its guidelines on police reforms. The Public Information Officer (PIO) of the SC denied the request and referred Singh to the SC website. Singh filed a first appeal pointing out that as a prisoner, he had no access to a computer, and that, by not sending him the information, the SC was denying him his right. Hearing the appeal, the Registrar, SC too denied the request, now asking him to apply under the Supreme Court Rules 1966, instead of the RTI Act.

·         On 10th November 2007, Subhash Chandra Agrawal filed an RTI request with the SC asking for information concerning declaration of assets by Supreme Court Judges, among other things. The PIO denied the request, claiming he did not hold the information. Agrawal filed a first appeal asking that his application may be transferred to the Public Authority holding the information. The Registrar asked the PIO to re-consider the request, but he denied the information again. Agrawal moved the Central Information Commission (CIC) which in January 2009, asked the PIO to furnish the information [PDF].The SC challenged this order twice before the Delhi High Court (HC) even as it made some information about judges’ assets public on its website, but the HC upheld the CIC’s ruling.

·         In 2007, N. Anbarasan filed an RTI request before the Karnataka High Court (HC) for information pertaining to the scrutiny and classification of writ petitions, among other things. The PIO denied the information and asked Anbarasan to apply under the Karnataka HC Act and Rules. Anbarasan approached the Karnataka Information Commission (KIC), which ruled in his favor. The PIO challenged the KIC’s order before the HC, which quashed it. Subsequently, AKM Nayak, the State Chief Information Commissioner, and a former Additional Chief Secretary, appealed against the HC ruling before the SC. The SC not only dismissed the appeal but fined Nayak 1 lakh rupees for “wasting public money for satisfying their ego.” [PDF]

Although the SC frequently agonises over governments’ lack of transparency, its own Registry has steadfastly resisted yielding information under the Act. In the past decade of the Act’s existence, the SC has fought many RTI applicants tooth and nail, forcing them to the stage of second appeal. Where the CIC has ruled in favor of the applicants, the SC has typically challenged its decisions before the Delhi HC.

The SC has fought these battles not for some significant intrusion of transparency, but for routine matters such as providing pendency figures: for example, the applicant who sought this information in 2009 had to wait until 2014 just to get the Delhi High Court to rule that the  [PDF] SC may provide the information.

I was unaware of the SC’s hostility towards the RTI Act, until two years ago, when I called the office of the Assistant Registrar & PIO to confirm the address where I should send an RTI request. For my research, I wanted a copy of the affidavits filed in a public interest litigation (PIL) heard by the SC between 1999 and 2004.

The official who answered my call wouldn’t identify himself, and asked me if I was party to the case. When I answered no, he said, “We do not provide copies of the judicial record to non-parties,” and hung up. In all my experience of seeking information under the RTI Act, never before had an officer declined to provide information so transparently. I called back to ask how might one access judicial records. The official asked me to look up SC Rules 1966.

RTI Act vs Supreme Court Rules

As I found out after reading about several RTI cases involving the SC, referring applicants to its own rules is a significant tool deployed by the SC to keep the RTI Act at bay. Order XII, Rule 2 of the SC Rules 1966  [PDF] says:

“The Court, on the application of a person who is not a party to the case, appeal or matter, may on good cause shown, allow such person search, inspect or get copies of all pleadings and other documents or records in the case, on payment of the prescribed fees and charges.”

In several ways, this rule gives the SC greater powers to withhold information from citizens, vis-à-vis the RTI Act. Unlike the RTI act:

·         The rule insists on the applicant providing a reason, and makes the availability of information contingent upon “good cause shown.”

·         It prescribes no time limit within which information is to be provided.

·         It lists no penalties for delaying or failing to provide the information.

·         It has no mechanisms for appeal.

These inconsistencies have to be resolved in favour of the RTI Act as per the non-obstante clause provided in Section 22 of the RTI Act. Yet, I found that the SC has been maintaining that it can deny RTI requests, and limit citizens to the SC Rules.

The SC, represented by its Assistant Registrar and Registrar has been relying on two ruses. First, as per the SC Rules, it was “the Court” [PDF] which could take a decision on admitting requests to access judicial records and the humble Registrar and the humbler Assistant Registrar could scarcely usurp the authority of “the Court.” Second was the ruse that the RTI Act, under Section 6(3), allowed Public Authorities to frame rules to access information and the SCR were Supreme Court’s Rules to address RTI. By this logic, the Supreme Court had framed rules in 1966 itself anticipating the RTI Act, which came after 40 years.

The Role of the CIC

The dispute over RTI and SC Rules came before the CIC as early as 2006 – a year after the passage of the Act – in the case of Manish Khanna vs. The Supreme Court of India. [PDF] The appeal was heard by former bureaucrat and then Chief Information Commissioner, Wajahat Habibullah. Ignoring the four fundamental inconsistencies listed above, Habibullah startlingly ruled that there was “no inherent inconsistency” between the Act and Order XII Rule 2. In his view, Rule 2 merely provided an “alternative procedure” to access the information without denying it in any way – ignoring the “on good cause shown” condition.

With this as the foundation, he ruled that the Rule 2 was a “special enactment,” not superseded by a general law enacted later. This ruling established the precedent by which the CIC has consistently ruled in favour of the SC Rules 1966 against the RTI Act.

By my rough calculation, the SC’s refusal to provide information about judicial records under the RTI Act has come before the CIC nearly 50 times in the last ten years – this is just counting the cases which have been decided by the CIC; many more await a hearing. Keeping in mind that not every applicant has the time, resources and the skills to draft first and second appeals, one can say that a very large number of RTI requests are being summarily denied by the SC each year – conservatively speaking about 20 annually. Thus, on the back of this ruling, the SC Registry has found a third ruse to deny information: citing the precedent set by Habibullah’s ruling.

The only exception to this has been a decision in 2011 by Information Commissioner Shailesh Gandhi, who observed that Order XII curtailed the fundamental right of citizens to free information because of the aforementioned inconsistencies. He ruled [PDF] that the PIO must provide information subject to the provisions of the RTI Act, and that it was up to applicants to decide whether they wished to seek information under the RTI Act or the SC Rules.

The SC instantly moved the Delhi HC against this ruling, where Justice S. Muralidhar immediately stayed the matter and, further, restrained the CIC from hearing matters on similar questions. The case remains pending before the HC. Perhaps to do away with the criticism that rules framed in 1966 could scarcely be said to address a landmark law enacted in 2005, the Supreme Court revised its rules in 2013. Under SC Rules 2013, issued in August 2014, Order XII Rule 2 has become Order XIII Rule 2 – with no meaningful difference for the information-seeker.

Seeking information

Despite the nameless SC officer telling me outright that they will not provide me with copies of the affidavits I was seeking, I decided in January 2014 to file my RTI request anyway. For good measure, I requested the same information under Order XII, Rule 2 as well. It would be one thing if the SC was providing information to citizens under its own rules, but even that is not the case, as I found out, and as others have experienced too [PDF].

The PIO denied my RTI request and asked me to approach the Court under Order XII Rule 2, which I had already done. This second request got no reply for over a month, at which point I followed up with the SC over the phone. After several evasive conversations, an officer finally informed me, again, that they would not release the information to me. When I asked the officer for her name so that I may state this position in my first appeal, she declined and hung up.

I eventually received a reply to my request under Order XII, Rule 2. The Assistant Registrar (Copying) now insisted that I apply under Order XII, Rule 2 read with Order X Rule 6(1), i.e., I present my application for information in person at the filing counter of the Court. This additional hurdle was entirely new, as the SC had not mentioned it before the CIC. Moreover, it is entirely inconsistent with the RTI Act because it limits the availability of information only to those who can make their way to the filing counter of the SC – not the easiest of tasks for most citizens, particularly the vast majority of Indians who do not live in Delhi.

I filed a first appeal before the Registrar, pointing out that SC had refused information through both the routes, and invented new hurdles to access information. The Registrar found my appeal “to be without any merit” and dismissed it. I filed a second appeal before the CIC in July 2014, which is yet to be scheduled for hearing.

In my experience of filing RTI requests with multiple public authorities, no government body comes close to the SC in terms of contempt towards RTI applications. This attitude seems to be pervasive in the higher judiciary. The summary denials, fighting ordinary applicants before the CIC, and even hauling them before the Delhi HC suggests that as far as India’s higher judiciary is concerned, transparency is good for others, not for itself.

Probe  CJI  for  Kalikho Pul's suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul's `suicide' note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be "seriously investigated by a credible investigation team", a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page 'suicide note' of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.

According to the purported diary, captioned "Mere Vichar", of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that 'Mere Vichar' was actually his suicide note, Dangwimsai told the vice-president: "Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government."

 

Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai's memorandum said, "It was to protect the independence of the judiciary that the SC in Veeraswami's case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India." It further said, "The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority ."

 

The letter said, "Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami's judgment."

 

Editorial :  Jail  CJI   Khehar

-          Few  Judges  deserve  Contempt   NOT  Respect

Legally prosecute  and send CJI  Khehar  to  Jail.  Covering up  crimes is also a crime. He  and his predecessors are covering up crimes.    

 

Justice  Karnan was  convicted for “Contempt of Court” , in a super fast manner. Why NOT   Supreme Court Judges  who have committed anti national crimes , sex crimes , etc are not  punished in such a  super fast manner  since years ?  Why Supreme Court Judges are NOT punished for “Contempt of Court  , contempt of constitution of India ,  Contempt of  Citizens “  since years ? Are these people Judges or Dictators ?

CJI  Khehar Murders Justice & Truth

https://sites.google.com/site/sosevoiceforjustice/cji-khehar-murders-justice-truth

  Few  judges  even after committing crimes are escaping from legal prosecution. They are not allowing  RTI replies , enquiry , investigation  into their crimes , illegal actions. Therefore they cann’t be legally prosecuted and convicted in a court of law. As a result by farce  they are innocent ,  technically innocent till proven guilty.

  We have highest respect for all constitutional offices including courts of law , office of judge. However  we  have  utter CONTEMPT towards  few corrupt individuals occupying those honourable offices.  Respect towards a Judge   comes involuntarily  in a citizen , when he sees that judge performing his constitutional duties honestly , bringing glory to the office. A corrupt  judge  himself is the first contemnor of his own  office  , who shows disrespect to his office by working against law. By fear of contempt law , fear of imprisonment   a  corrupt judge will not get respect , he will get a mechanical salutation from citizens  but inside citizen’s  heart there will be utter contempt towards the corrupt judge.

  Judges don’t behave like dictators , you are accountable to people as you are surviving on people’s money.  Remember  You are inferior to our motherland india and our constitution.

 

Judges  Smother  Truth   about ex Arunachal CM’s Suicide : Justice Karnan to President

 

The Supreme Court of India refused to recall the arrest order against sitting Calcutta High Court Judge Justice Karnan, who has been found guilty of contempt of court by a seven-judge bench headed by the Chief Justice of India.

Justice Karnan, on May 12, had sought a review of his conviction and six-month jail sentence.

"We won’t allow you to stop court proceedings like this, you have been doing it repeatedly," CJI JS Khehar told Justice Karnan’s legal aide Mathews Nedumpara on Monday.

Justice Karnan became the first Indian judge to be convicted, after incidentally also being the first judge to be summoned by a court. On May 9, Justice Karnan was sentenced to six months’ imprisonment after he failed to appear before court in a contempt case against him.

“We are punishing him for contempt of Indian judiciary as well as judicial process and his act was of greatest nature of contempt,” the seven-judge bench headed by Chief Justice JS Khehar had said.

SC gives 6 month jail term to Justice Karnan for contempt, orders media gag on his statements

The West Bengal DGP was tasked with carrying out the arrest of Justice Karnan “immediately” but Justice Karnan had evaded arrest until Monday morning and has remained at large. Searches were carried out at his Kolkata residence and in parts of Chennai and Tamil Nadu-Andhra border by several senior police officials from different states. There were rumours doing the rounds that he had left the country or he would appear before the SC himself.

Meanwhile, Justice Karnan on Monday wrote a letter addressed to President Pranab Mukherjee, that was also addressed to Vice President Hamid Ansari, Prime Minister Narendra Modi, Lok Sabha Speaker Sumitra Mahajan, MPs and to leader of all political parties. 

‘Committed no offence’

In his three-point letter, Justice Karnan alleges that his impeachment and imprisonment is “without authority of law” and goes on to level allegations of corruption against the Chief Justice of India JS Khehar. While arguing that he committed no offence, the HC judge goes on to observe that the Supreme Court ‘usurped’ the jurisdiction invested in the parliament” and his trial was held without charges being framed.

Justice Karnan alleges that the order by the seven-judge bench of the apex court was a “violation of the Constitution” in addition to “the usurpation of the jurisdiction of parliament”.

As per Article 217 of the Indian Constitution, a judge can be removed by an order of the President passed after both Houses of Parliament vote for their removal on grounds of proven "misbehaviour" and "incapacity". And this vote must be by a two-thirds majority, where at least 66% of the member who are present and voting must vote for their removal.

“The President of India appointed me as a judge and the President alone could have removed me and that too upon an impeachment motion which has received the ⅔rd majority of the members of Parliament. But I am not only impeached, but even being sent to the jail without any such impeachment motion against me, by a mere judicial order of a 7 judges bench,” he writes.

Reiterating that he committed no offence, Justice Karnan says that all he did was to raise the “little voice from within” against corruption in the higher judiciary. In January, he had written a letter to PM Modi accused various judges and officers of the Madras High Court of corruption in. He also added that if central agencies probe the matter, his charges could be proved too..

Justice Karnan goes on to level more charges, alleging that in the suicide note left behind by former Arunachal Pradesh CM Kalikho Pul, he accused CJI Khehar and SC judge Justice Dipak Misra of “venturing to sell justice for a huge sum running into crores” through their relatives.  However, he claimed that no FIR has been registered and despite efforts to file a writ petition in the Delhi High Court, no case has been listed.

He concludes his letter writing, “I part with the unstinted faith that the two issues…my impeachment and imprisonment without authority of law and allegations of corruption against incumbent Hon'ble Chief Justice of India will be looked into, which I believe is the solemn duty of your excellencies.”

 

Former SC judge approached me on behalf of CJI: Dave

The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai's counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar's behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai's letter cited the SC's 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, "If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court."

Dangwimsai's letter had said, "I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request."

Dave raised a series of questions and levelled many allegations. "Why was Dangwimsai's letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI's son?" Dave asked.

"We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case," Dave urged the bench of Justices Goel and Lalit.

Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 

"This letter brings forth a more serious issue than the one raised by Calcutta HC's Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?" Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, "You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself." Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 

"We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed," Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

 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

 

 

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

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

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

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

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

https://naghrw.tripod.com/evoice/  ,  http://e-voiceofhumanrightswatch.blogspot.com  , 

 

Contact  :   Naag@protonmail.com ,  Naag@dalitonline.in  ,  Naag@torbox3uiot6wchz.onion ,  

 

CBI - RTI Srinath Murder
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.25........24 / 06 / 2017

Editorial : Refer to CBI - BEML Housing Society Murders RTI Activists 



 





What action has been taken against guilty office bearers of BEML Housing Society Mysuru & Benagaluru for their crimes. What action has been taken against BDA , MUDA and other public servants who aided these criminals in their crimes. Are the judges BENEFICIERIES of land crimes , so keeping mum? 

Now criminals have got bail. Criminals have told a story that murder was a result of non payment of loan by RTI Srinath. Where are the documents for payment of loan amount by lender to RTI Srinath. First Police must take the RTI applications made by Srinath to MUDA & other authorities. Based on those documents , they can decipher who are the criminals , officials who stand to get exposed by those information. Those persons must be interrogated. 

Many private land developers , Housing Societies have grossly flouted laws in acquiring lands , allotment of sites , development of layout , civic amenities and private developers have pocketed crores of rupees ill gotten money. MUDA is empowered by law to confiscate those layouts and to send those criminal developers behind bars. To cover up the crimes of those criminal land developers , MUDA is planning to take over those illegal layouts and in due course will use tax payers money for civic amenities , developments in those layouts. Profit is pocketed by private developer whereas tax payer is made to pay for his crimes. 

Before taking those illegal layouts , MUDA must first publicize the list of illegal layouts in & around mysuru along with the name of it's developer. What action taken by MUDA against the land developer for his violations and what action taken against the concerned jurisdiction MUDA engineer / official who failed in his duties. Just see the huge bungalows , properties owned by an Assistant MUDA Engineer , what will be the quantum with others , that too higher MUDA officials ? Secondly MUDA must publicize the list of properties owned by all MUDA officials & Members including the properties in the name of their family members , on a sworn affidavit . Corrupt MUDA officials directly proportional to Illegal Layouts. 

Land Mafia is very strong , years ago when i persisted with my RTI application to MUDA & Mysuru DC i have received threats and Mysuru DC at that time P. Manivannan threatened me. But DC didn't give me full RTI reply nor did he stall the illegal constructions. He just had a FAKE facade of "Demolish Man". 

As office bearers & members of BEML Housing Society are government of india employees and state authorities , police are not properly investigating the crimes , ideally Central Bureau of Investigations ( CBI ) must take over the case under suprme court monitoring. Ensure justice to RTI Srinath. 

RIP Srinath 




Your's , 

Nagaraja Mysuru Raghupathi. 



PIL – Land Mafia , Judges & RTI Activist Murder 

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




IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017


IN THE MATTER OF 


NAGARAJA . M.R 

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

Versus 

Honourable Chief Secretary , Government of Karnataka & Others 

....Respondents 



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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Law is one & same for all. 

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

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

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

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

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

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

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

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

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

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




2. Question(s) of Law:

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

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

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

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


4. Averment: 

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

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

Karnataka High Court Judges favoring Land Mafia 

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


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


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

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


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

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

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

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

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

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


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

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

Kindly read full details at following web page : 

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


Karnataka High Court Judges favoring Land Mafia 

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




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

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



RTI ACTIVIST’S MURDER : POLICE DETAIN 6 FOR QUESTIONING 


 





RTI activist Srinath 

Mysuru, Dec. 31 - Six persons have been detained for questioning in the murder of Srinath, a Mysuru-based RTI activist. They were detained this morning based on the clues provided by Srinath’s family members that the RTI activist had faced threats from the corrupt as he had exposed their illegal dealings. 

The 36-year-old Srinath, a resident of Rajarajeshwarinagar in city, was murdered in Srirangapatna and his body was found yesterday below the bridge that connects Karighatta and Ganjam. His body including face, legs and private parts bore deep injuries. 

The six detained persons include an engineer whose house was recently raided by Anti Corruption Bureau in Mysuru where crores of rupees worth properties were recovered, his driver and four others from BEML Layout who were at loggerheads with Srinath. Though the Police are tight-lipped about the detention, sources told Star of Mysore that they are being questioned at an undisclosed location and clues to the murder might emerge by today evening. 

Srinath was active in exposing the corrupt through his RTI activism and had earned the wrath of the rich and the corrupt who saw him as a roadblock for their illegal activities. 

He used to fight injustice by collecting information and had made RTI a powerful weapon. 

Srinath had also exposed how BEML Layout was built without permission from the Mysuru Urban Development Authority (MUDA). Through RTI, he had waged a war against some persons since the last three years for building a layout without mandatory permission from MUDA. This issue had even reached the Saraswathipuram Police Station where compromise meetings were held. 

City Police Commissioner Dr. A Subramanyeshwara Rao, Deputy Commissioner (Law and Order) Dr. H.T. Shekar and KR ACP C. Mallik visited the murder spot this morning and held a meeting with in-charge Inspector of Srirangapatna Police Station M.K. Deepak and Sub-Inspector Puneet. The case will be investigated by Srirangapatna Police, sources said. 

Speaking to Star of Mysore at the MMCR&I mortuary where the post-mortem of Srinath’s body was conducted this morning, his brothers V. Srinivas and Pradeep said that the RTI activist had faced threat from the MUDA engineer and some persons from BEML Layout whose Khata was not issued by MUDA due to illegality. 

“All of them had openly threatened our brother and we suspect their involvement in the murder. We have also given their names to the Police,” they said. 

Soon after the murder case was registered yesterday, the Police visited Srinath’s house at Rajarajeshwarinagar and recovered many documents regarding the controversial BEML Layout. Also, many documents regarding other corrupt officers have been recovered, sources said. 

Yesterday, Srinath’s body was spotted by some passers-by and in-charge Inspector of Srirangapatna Police Station M.K. Deepak found the body wrapped in four bed sheets. A pit had been dug near the body where turmeric, kumkum, eggs and other items were found. 

According to the Police, these items were usually used in black magic and as Dec. 30 (Thursday) was a New Moon (amavasye) the killers would have placed the items to mislead the investigation team. 

The Police also suspect that the assailants might have dumped the body near the river after killing him elsewhere. 

Srinath had gone out from his house on Thursday evening on his bike (KA-09-HH-5332) and when his brother V. Srinivas had called him up at 7.30 pm Srinath had replied that he was heading towards the house of building supervisor Kumar at Vijayanagar and would return soon. 

As Srinath did not return and both of his mobile phones were switched off, the family members had lodged a missing person complaint at the Kuvempunagar Police Station. Srinath’s mobile phones and bike have not yet been recovered. 

ACB raids MUDA AE’s residence, seizes cash and valuables worth crores 

Mysuru: The Anti-Corruption Bureau (ACB) police raided the residence of assistant engineer of Mysore Urban Development Authority (MUDA) on December 6 and seized jewellery and lot of vital documents related to properties owned illegally by him. 



Based on definite tip offs and complaints from general public, ACB cops raided the residence of Assistant Engineer Mahesh.

It is gathered that large volumes of currencies totaling to crores of rupees, including the new and spiked ones were seized during the early morning raid.

ACB Superintendent of Police Kavitha led the team of officials comprising DySP Gajendra Prasad, Inspector Anil Kumar and other police personnel. 

 




 




 




 




 




Are Karnataka HC Judges favoring Land Mafia ? 



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

1. Law is one & same for all. 

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

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

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

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

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

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

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

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

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

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



Why MUDA , BDA officials and Public Servants NOT Answering ? 



To, 

Shri. Dr.Sindhe Bhimsen Rao . H , 

RTI APPELLATE AUTHORITY & CPIO , 

Additional Secretary to Chief Minister , 

Room No 236 , 2nd Floor , 

Vidhana Soudha , Bangalore – 560001. 



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



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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR, 

HEBBAL, MYSORE , KARNATAKA PIN – 570017. 



Please go through the some of actual criminal cases of land grabbings enclosed herewith. 

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned officials fall among the category of churchill’s men – Rogues , Rascals & Freebooters. To my previous RTI requests & appeals they tried covering – up crores worth SCAM by transferring application from one to the other at the end by denying information to me, Does not the Revenue department possess information ? 

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

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

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

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



Main A : 

1. The land encroachments & illegal buildings and it’s continued existence since years is not possible without tacit , covert support of jurisdictional revenue officials. What disciplinary action has been taken against concerned officials with respect to each case of land encroachment & illegal buildings , case wise ? 

2. If not , why ? 

3. Is not “land AKRAMA SAKRAMA SCHEME” itself illegal ? 

4. Is not the move of government of Karnataka to legalise land encroachments & illegal buildings , in itself illegal ? 

5. Till date in some cases of land encroachers are evicted & some buildings violating building byelaws demolished , you could have spared them to enjoy the benefit of land akrama sakrama scheme. Why you didn’t spare them ? 

6. Is this scheme applicable for only chosen few ? 

7. Does this scheme also benefit rich people above BPL ? 

8. Does this scheme also benefit big land developers , land developing companies ? 

9. To my previous RTI appeals to MUDA , BDA only partial information was given , conveniently hiding the truth. Is it not violation of RTI act ? 

10. Does not hiding information about land crimes , in itself also a crime ? 

11. I have shown in detail some land crimes in Karnataka. What action by government of Karnataka , casewise ? 

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

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

14. Does not hiding a land crime , embolden land grabber to commit more land crimes ? 

15. What action taken against BDA , MUDA & Revenue department officials who are covering crores worth land scams inspite of my repeated appeals & RTI Requests ? 



Main B : RTI QUESTIONS Mysore DC , COMMISSIONER OF MUDA ( MYSORE URBAN DEVELOPMENT AUTHORITY ) & COMMISSIONER OF MCC ( MYSORE CITY CORPORATION ) ARE AFRAID TO ANSWER 

1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised / modified the mysore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by MUDA / MCC / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by MUDA / MCC / GOVERNMENT ?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in mysore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by MUDA / MCC / GOVERNMENT ?

8. how many cases of building bye-laws violations has been registered by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of MUDA's / MCC's / GOVERNMENT's lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the MUDA / MCC / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation MUDA / MCC / GOVERNMENT has legalized , regularized such illegal occupation just through MUDA's / MCC's resolution instead of of reallotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the MUDA / MCC / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in mysore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?

14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action MUDA / MCC / GOVERNMENT has initiated against real estate firms & housing societies who have violated MUDA norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. MUDA / MCC / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those
violations. Safety of public & amenities of public are totally neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the MUDA / MCC / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated MUDA / MCC / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On MUDA / MCC / GOVERNMENT sites building temporary huts , MUDA / AUTHORITIES with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , MUDA or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA / MCC / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the MUDA ,AUTHORITIES recovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ?

26. is the MUDA / MCC / GOVERNMENT giving market value to land loosers ?

27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the MUDA / AUTHORITIES acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by MUDA MCC or other land developers ?

31. has the MUDA , MCC taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around mysore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out
advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under
& surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by MUDA / MCC / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around mysore city , in how many areas developed by MUDA & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by MUDA , MCC & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the MUDA / MCC is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around mysore city ? what action by MUDA / MCC / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around mysore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ? 


39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's
comprehensive industrial area development plan ?

40. has the MUDA / MCC , KIADB given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to MUDA's / MCC's CDP & KIADB's industrial area development plan ? violations how many ?

42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by MUDA , MCC or government in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by MUDA , MCC & government action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some MUDA / MCC / REVENUE officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by MUDA / MCC / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ? 



Main C : RTI – QUESTIONS COMMISSIONER OF BANGALORE DEVELOPMENT AUTHORITY ( BDA ) , COMMISSIONER , BRIHATH BANGALORE MAHANAGARA PALIKE ( BBMP ) & CHAIRMAN , KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ( KIADB) ARE AFRAID TO ANSWER 

1. how many times since 1987 , BDA / BBMNP / KIADB / GOVERNMENT has revised / modified the Bangalore city's comprehensive city development plan ?

2. how many cases of CDP violations were registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ?

3. how many cases of CDP violations were legalized in the CDP revision / modification by the authorities ?

4. when an application for alienation of land is made to you , say from civic amenity site to commercial , what norms are followed by BDA / BBMNP / KIADB / GOVERNMENT?

5. how do you provide alternate civic amenity site in the locality , if the area is already full ? do you deprive people of civic amenities ?

6. during such alenation , is the BDA / BBMNP / KIADB / GOVERNMENT collecting market rate difference between civic amenity site & commercial site ? if not why ?

7. in bangalore city , many building complexes , buildings have been built fully violating building bye-laws – no set off , no parking space , no emergency fire exit , no earthquake tolerant . what action by BDA / BBMNP / KIADB / GOVERNMENT?

8. how many cases of building bye-laws violations has been registered by BDA / BBMNP / KIADB / GOVERNMENT since 1987 ? what is the action status report yearwise ?

9. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , buildings & houses have been illegally occupied by criminal tresspassers since 1987 ?

10. has the BDA / BBMNP / KIADB / GOVERNMENT registered criminal cases against each such illegal occupation ? if not why ? provide status report yearwise ?

11. in how many cases of such illegal occupation BDA / BBMNP / KIADB / GOVERNMENT has legalized , regularized such illegal occupation just through BDA / BBMNP / KIADB / GOVERNMENT ` s resolution instead of of re-allotting the same through public notification to the next senior most in the waiting list , after giving notice of allotment cancellation to original allottee ? if not done so why ?

12. has the BDA / BBMNP / KIADB / GOVERNMENT followed all legal norms in reallotment of lands , sites , houses , etc to the illegal occupiers ? what is the procedure followed ?

13. in bangalore city , numerous housing societies & real estate Developers have mushroomed , Land allotments of how many housing societies , real estate firms among them are legally authorized by BDA / BBMNP / KIADB / GOVERNMENT & how many not ? since 1987 till date ?

14. has the BDA / BBMNP / KIADB / GOVERNMENT filed criminal complaints against such illegal housing societies & illegal real estate firms ? if not why ?

15. what action BDA / BBMNP / KIADB / GOVERNMENT has initiated against real estate firms & housing societies who have violated BDA / BBMNP / KIADB / GOVERNMENT norms , layout plans , etc ? if not why ?

16. the government has framed building bye-laws like width of road , space for civic amenities , parking space , emergency fire exit , etc keeping high in the mind safety of people first. BDA / BBMNP / KIADB / GOVERNMENT is in the practice of levying a pittance as penalty on the building byelaw violators , layout Development plan violators & legalizing those violations. Safety of public & amenities of public are totally neglected by BDA / BBMNP / KIADB / GOVERNMENT. When public people die , suffer injuries / accidents – say during a fire tragedy in a complex due to lack of fire exit , when people park vehicles on pavement in front of a business complex as the complex doesn't have a parking space of it's own , the pedestrians going that way are forced to come down on road resulting in accidents , injuries & deaths . is not the BDA / BBMNP / KIADB / GOVERNMENT responsible for those accidents , injuries & deaths ?

17. what is the criteria adopted by BDA / BBMNP / KIADB / GOVERNMENT for out of Turn allotment of Lands , sites , houses to renowned sports persons , judges , journalists , politicians , artists , etc ?

18. how many judges , artists , politicians , journalists , sports persons , etc have benefited from these out of turn allotments by BDA / BBMNP / KIADB / GOVERNMENT? specific figures yearwise since 1987 ?

19. what action has been taken against developers , housing societies , who have violated BDA / BBMNP / KIADB / GOVERNMENT norms ?

20. when poor scheduled caste , scheduled tribe people , minority people illegally live On BDA / BBMNP / KIADB / GOVERNMENT sites building temporary huts , BDA / BBMNP / KIADB / GOVERNMENT with the help of police razes down those huts & evicts the poor by brute force. Whereas , when cronies of political bigwigs illegally occupy BDA / BBMNP / KIADB / GOVERNMENT lands worth crores of rupees & build big complexes earning thousands of rupees monthly rent , BDA / BBMNP / KIADB / GOVERNMENT or authorities not even files police complaint against them instead regularizes the illegal occupation by levying a pittance as fine. Why this double standard by BDA / BBMNP / KIADB / GOVERNMENT?

21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by BDA / BBMNP / KIADB / GOVERNMENT since 1987 till date ? yearwise figures ?

22. how much of BDA / BBMNP / KIADB / GOVERNMENT lands , sites , houses are under illegal occupation ? status report yearwise since 1987 ?

23. how much of those has been recovered ? has the BDA / BBMNP / KIADB / GOVERNMENT arecovered the rents earned by illegal occupation ?

24. have you filed police complaints against those criminals – tresspassers ? if not why ?

25. is the BDA / BBMNP / KIADB / GOVERNMENT giving wide publicity & sufficient time to bidders about it's auction schedules ?

26. is the BDA / BBMNP / KIADB / GOVERNMENT giving market value to land loosers ?

27. is the BDA / BBMNP / KIADB / GOVERNMENT exactly using the acquired lands , for the same purpose mentioned in the project plan ?

28. is the BDA / BBMNP / KIADB / GOVERNMENT acquiring lands at lower rates from farmers & selling it at a premium , by way making profits just like a real estate agency ?

29. in villages , there are cattle grazing grounds meant for the usage of whole villagers, forest for the usage of whole village , lands belonging to village temples. Some villagers have donated their personal lands to village temples , cattle grazing for the benefit of whole villagers. All the villagers are stake holders , owners of such lands. When BDA / BBMNP / KIADB / GOVERNMENT acquires such lands to whom does it pay compensation ? what about welfare objectives of those lands ?

30. till date , how many lakes , ponds , how many feeder canals have been closed , filled with mud , developed , sold as sites , etc by BDA / BBMNP / KIADB / GOVERNMENT or other land developers ?

31. has the BDA / BBMNP / KIADB / GOVERNMENT taken alternate steps to create new lakes , ponds ? how many are created till date ?

32. in & around bangalore city , high tension electric lines are there in busy residential areas . as per Indian electricity act , no permanent structures should be under the HT lines. However there are buildings under it. In some places , HT lines runs in the middle of the road. The authorities Have developed those areas beneath HT lines as parks , rented out advertisement spaces & built permanent fencing of those areas spending lakhs of taxpayer's money. This fencing obstructs the movement of service personnel of electricity board , to service HT line. Are all these structures under & surrounding HT lines legal ?

33. till date how many burial grounds are acquired & sold as sites by BDA / BBMNP / KIADB / GOVERNMENT or other developers ? specific figures yearwise since 1987 castewise , religionwise ?

34. in & around bangalore city , in how many areas developed by BDA / BBMNP / KIADB / GOVERNMENT & private developers , the sewage water generated in those areas is directly let into lake , ponds ?

35. how many tributaries , lakes , ponds are killed in this fashion by BDA / BBMNP / KIADB / GOVERNMENT & other developers , housing societies ?

36. how many business complexes , flats , residential layouts developed by private real estate developers , housing societies are dumping the sewage , / waste generated in their buildings , into unauthorized dumping grounds , lakes , etc . thus disturbing the environment & creating public health hazard ? how the BDA / BBMNP / KIADB / GOVERNMENT is monitoring sewage / waste disposal ? status report yearwise since 1987 till date .

37. how many unauthorized housing layouts are there in & around bangalore city ? what action by BDA / BBMNP / KIADB / GOVERNMENT against them ? action taken report yearwise since 1987 till date .

38. around bangalore city , vast areas of village farm lands , agricultural lands are acquired by private real estate developers for non agricultural purposes by a single firm or single owner. Are these actions legal ? some of these real estate agents have sold those lands to private industries , multinational companies for crores of rupees. Has the BDA / BBMNP / KIADB / GOVERNMENT given alienation of land ie conversion from agricultural to industrial usage. Has KIADB given consent to it ? 


39. can a single individual / firm can purchase such vast tracts of agricultural lands , is it legal ? is it within the KIADB's comprehensive industrial area development plan ?

40. has the BDA / BBMNP / KIADB / GOVERNMENT given wide publicity , public notice calling for objections before alienation of such lands ?

41. are all those alienations , strictly in conformance to BDA / BBMNP / KIADB / GOVERNMENT's industrial area development plan ? violations how many ?

42. is the BDA / BBMNP / KIADB / GOVERNMENT revising / modifying CDP & INDUSTRIAL AREA DEVELOPMENT PLAN , to suit those real estate developers & Private companies ? on what legal grounds ?

43.what action has been taken based on mysore district magistrate mr.T.M.Vijaya Bhaskar's report on land grabbings in mysore ?

44.in mysore city , hebbal-hootagalli industrial area , a lake has been destroyed while building kaynes hotel , hinkal lake is shrinking , lake in front of BEML Quarters has been alloted to M/S THRILLER CLOTHING CO, are all these actions legal & in conformance to MUDA's CDP ? if not why ? what action ?

45. while auctioning off the lands of sick industrial unit M/S IDEAL JAWA LTD , was there any pre-qualification to bidders that after purchase of lands only it must be used for industrial use or only industries can participate in the bidding process ?

46.why not it has been clearly mentioned in the tender document that , said land is open for alienation ?

47. about this issue , our publication has even raised it's objections , in it's newspaper . no action , why ? as a result , the government , banks , employees were cheated off their dues & the private firm made huge profits. is this auction & alienation legal ?

48.numerous NGO's , trusts promoted by religious bodies , mutts are allotted prime lands at preferrential rates , for the reason that they will use it for public / social welfare. however many of the trusts are using the whole or part of the land for commercial purposes other than the stated public / social welfare purpose. what action has been taken by BDA / BBMNP / KIADB / GOVERNMENT in such cases ?

49.how many trusts have violated government norms in this way since 1987 till date? what action taken by BDA / BBMNP / KIADB / GOVERNMENT action taken report yearwise since 1987 till date ?

50.how many such illegalities / violations by trusts are regularized by BDA / BBMNP / KIADB / GOVERNMENT, on what legal grounds ? ATR since 1987 till date ?

51.before regularizing such violations have you sought public objections & given media publicity ? if not why ?

52.how you are monitoring the net wealth growth of some BDA / BBMNP / KIADB / GOVERNMENT officials & their family members , who have land acquisition / denotifying , land usage conversion authorities ?

53.how many trusts , NGOs are allotted prime residential / commercial lands by BDA / BBMNP / KIADB / GOVERNMENT on lease basis , in turn the said trusts , NGOs have sulet it either partly or wholly to others ?

54.how many such lease allotments are sold by BDA / BBMNP / KIADB / GOVERNMENT before the expiry of lease period , without public auction ?

55. what are the norms followed by BDA / BBMNP / KIADB / GOVERNMENT for the sale of leased lands to the lessee before the expiry of lease period ? 

56. what is the status of house allotted to sri.chandrashekariah vide BDA allotment letter no: 310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978. 

57. why BDA didn't file police complaint to evict encroachers? 

58. why BDA didn't inform the descendents of original allottee about the cancellation of their allotment ? 

59.what happened to the money deposited by original allottee? 

60.is the action of BDA allotting the said house to an illegal encroacher just by the resolution of BDA committee legal ? 

61. in case the BDA wished to re-allot the said house , first it must have informed the original allottee about cancellation of allotment allowing them sufficient time to reply with public notice in news papers , then they should have allotted the said house to the senior most in the waiting list. But BDA has just allotted the house to an illegal encroacher by the resolution of BDA committee. Is it legal ? 

62. BDA officials gave half truths to my RTI request & stated that the said file concerning this issue cann't be found ie lost . is it legal ? 

63. has the BDA filed police complaint regarding theft of file from the record room ? HONOURABLE COMMISSIONER OF BDA PLEASE REFER THE FOLLOWING ARTICLE. 

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

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

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



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



PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION : 

PIO , CHIEF MINSTER’S OFFICE , GOVERNMENT OF KARNATAKA , VIDHANA SOUDHA , BANGALORE. 



FEES PAID : IPO 16G 733464 for Rupees TWENTY only 



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



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





PIL – Land Mafia and Judges

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 Secretary , Government of Karnataka & Others 

....Respondents 



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


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

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

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

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

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

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

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

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

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

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

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

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




2. Question(s) of Law:

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


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


4. Averment: 

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

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


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 , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

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


a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. 

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

Kindly read full details at following web page : 

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





Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.

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


HC Judges Favoring Mafia 

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



Why NOT Demolish Illegal Bungalows of Ministers 

https://sites.google.com/site/sosevoiceforjustice/why-not-demolish-illegal-bungalows-of-ministers , 



Judges Murder RTI 

https://sites.google.com/site/sosevoiceforjustice/judges-murder-rti 



BEML Housing Society - RTI Murders 

https://sites.google.com/site/eclarionofdalit/beml-rti-murders 

DECLARATION

 

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

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

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

Periodicity : WEEKLY

Circulation : FOR FREE DISTRIBUTION ON WEB

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

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

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

Nationality : INDIAN

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

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

Home page : 

http://evoiceforjustice.dalitonline.in/  ,

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

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

https://naghrw.tripod.com/evoice/  ,  http://e-voiceofhumanrightswatch.blogspot.com  , 

Contact :  Naag@protonmail.com ,  Naag@dalitonline.in  ,  Naag@torbox3uiot6wchz.onion ,  

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 3^rd 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 3^rd 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 :  17.06.2017…………………………..Your’s sincerely,

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

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

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

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

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

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

https://naghrw.tripod.com/evoice/  ,  http://e-voiceofhumanrightswatch.blogspot.com  , 

 

Contact  :   Naag@protonmail.com ,  Naag@dalitonline.in  ,  Naag@torbox3uiot6wchz.onion ,  

CJI Khehar Hiding Crimes
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.24........17 / 06 / 2017

 

JAIL  CJI  Khehar 

https://sites.google.com/site/sosevoiceforjustice/jail-cji-khehar  ,

 

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 

 

CJI  Khehar  Answer

https://sites.google.com/site/sosevoiceforjustice/cji-khehar-answer  , 

 

Judiciary Does Not Want Any Accountability or Transparency, Allege RTI Activists

– BY GAURAV VIVEK BHATNAGAR

 

The RTI Act has faced resistance from the courts in recent years, especially when information is sought about their functioning as public authorities, a new report says.

 

The jury is out on whether the judiciary has over the years played the role it ought to while dealing with matters pertaining to promoting transparency in general and the Right to Information (RTI) Act in particular. Legal luminaries and RTI activists alike believe the court’s must play a more supportive role if greater transparency in public life is to be achieved.

 

A recent report titled ‘Tilting the Balance of Power – Adjudicating the RTI Act’ by the Satark Nagrik Sangathan (SNS) and the Research, Assessment and Analysis Group (RaaG), notes that before the RTI law was passed, the judiciary played a seminal role in recognising and furthering peoples’ right to information in India. In fact, as far back as 1975, 30 years before the RTI law was enacted, the Supreme Court adjudged the right to information to be a fundamental right.

 

Besides being the final adjudicatory authority for the law, the Supreme Court and high courts are also public authorities under the RTI Act. The report, authored by RTI activists Amrita Johri, Anjali Bhardwaj and Shekhar Singh, suggests that the RTI Act appears to be facing resistance from the courts, especially when information is sought about their functioning as public authorities.

 

Is RTI facing resistance from the judiciary?

In the last ten years, scores of RTI applications have been filed by citizens seeking information from the courts, many of which have required judicial adjudication. Five such matters reached the Supreme Court, three of which were referred to a constitution bench that is yet to be set up. The other two cases were dismissed by the apex court at the stage of admission. About the cases that were dismissed, the RaaG-SNS report notes:

“Unfortunately, these cases raised matters of great public interest but were dismissed by the SC without providing any details or reasons in their orders. One of them sought information using the RTI Act, about cases pending with the Supreme Court in which the arguments had already been heard but orders had been reserved. In the other matter, the applicant sought the total amount of medical expenses of individual judges reimbursed by the Supreme Court, citing a Delhi high court ruling of 2010 which stated that, ‘The information on the expenditure of the government money in an official capacity cannot be termed as personal information’.”

 

Information denied on appointment of judges

In one of the three cases referred to the constitution bench, an RTI applicant filed a request to the Supreme Court in 2009 seeking a copy of the complete correspondence, with file notings, exchanged between the chief justice of India (CJI) and other concerned constitutional authorities relating to the appointment of Justice H.L. Dattu, Justice A. K. Ganguly and Justice R.M. Lodha as judges of the Supreme Court, superseding the seniority of Justice A.P. Shah, Justice A.K. Patnaik and Justice V.K. Gupta. The information sought was denied. When the Central Information Commission (CIC) directed that the information be furnished, the information officer of the apex court appealed directly to the Supreme Court against the order.

 

CIC order on assets of judges challenged before apex court

In the second case, the RTI applicant asked if any declaration of assets was ever filed by the judges of the Supreme Court or high courts to the respective CJIs. The Supreme Court’s 1997 resolution requires judges to declare to the CJI the assets held by them in their own name, in the name of their spouse or any person dependent on them. The information was denied but the CIC directed that the information sought by the applicant be provided. The CIC order was challenged by the Supreme Court in the Delhi high court, which held that the contents of asset declarations were entitled to be treated as personal information under Section 8(1)(j) of the RTI Act, but since the applicant only sought to know whether the 1997 resolution was complied with, the sought information should be provided. A three-judge bench of the high court stated:

“…A judge must keep himself absolutely above suspicion, to preserve the impartiality and independence of the judiciary and to have the public confidence thereof.…Accountability of the judiciary cannot be seen in isolation. It must be viewed in the context of a general trend to render governors answerable to the people in ways that are transparent, accessible and effective. Well defined and publicly known standards and procedures complement, rather than diminish, the notion of judicial independence. Democracy expects openness and openness is concomitant of free society. Sunlight is the best disinfectant.’’

This judgement was subsequently challenged by the chief public information officer before the Supreme Court.

In the third case, quoting a media report, an RTI application was filed with the Supreme Court seeking copies of correspondence between the then CJI and a judge of the Madras high court regarding the attempt of a union minister to influence judicial decisions of the said high court. The applicant also sought information regarding the name of the concerned union minister. The CIC, in its order, overturned the decision of the public information officer, which denied the information sought. Bypassing the Delhi high court, the public information officer of the Supreme Court directly moved a petition before the SC challenging the CIC order to disclose information.

 

Three cases clubbed together

In its order, the Supreme Court, while hearing the case related to correspondence between the CJI and other constitutional authorities about the appointment of judges, clubbed the other two cases with the matter. The apex court order stated that the consideration of a larger bench was required as grave constitutional issues were at stake, including the need to balance the independence of the judiciary and the fundamental constitutional right of citizens to freedom of speech and expression.

The court listed three sets of questions which, according to them, raised substantial questions of law as to the interpretation of the constitution:

·         Whether the concept of independence of judiciary requires and demands the prohibition of furnishing of the information sought? Whether the information sought for amounts to interference in the functioning of the judiciary?

·         Whether the information sought for cannot be furnished to avoid any erosion in the credibility of the decisions and to ensure a free and frank expression of honest opinion by all the constitutional functionaries, which is essential for effective consultation and for taking the right decision?

·         Whether the information sought for is personal information and therefore exempt under Section 8(1)(j) of the Right to Information Act?

The report by RaaG and SNS notes that while the first two sets of questions do seem to relate to constitutional issues, like the adverse impact peoples’ right to information might have on judicial independence, or amount to interference in the functioning of the judiciary, or compromise its credibility, it is not clear how the third question relating to exemption on grounds that it is personal information under section 8(1)(j) of the RTI Act raises any constitutional concerns.

The report goes on to highlight the contradictions inherent in the stand taken by courts in these matters by quoting judgements of the Supreme Court in which the court has itself discussed one or more of these issues in relation to the judiciary and other public functionaries and ruled in favour of transparency. For instance, the Supreme Court in Manohar s/o Manikrao Anchule vs State of Maharashtra & Anr in 2012 stated that “It cannot be doubted that transparency is the sine qua non of restraint on abuse of judicial powers. Transparency in decision-making not only makes the judges and decision-makers less prone to errors but also makes them subject to broader scrutiny.”

In Union of India vs Association for Democratic Reforms, 2002, the court directed the Election Commission to call for information from all candidates seeking election to parliament or a state legislature, and from their spouses and dependants, about their assets as, “…there are widespread allegations of corruption against the persons holding post and power. In such a situation, question is not of knowing personal affairs but to have openness in democracy for attempting to cure cancerous growth of corruptions by few rays of light. Hence, citizens who elect MPs or MLAs are entitled to know that their representative has not miscomputed himself in collecting wealth after being elected.”

In PUCL vs Union of India in 2003, while examining the plea that contesting candidates should not be required to disclose the assets and liabilities of their spouses as it would violate the right to privacy of the spouses, the Supreme Court held that the fundamental right to information of a voter and citizen is promoted when contesting candidates are required to disclose the assets and liabilities of their spouses. The SC ruled that when there is a competition between the right to privacy of an individual and the right to information of the citizens, the former right has to be subordinated to the latter right, as the latter serves a larger public interest.

Similarly, to ensure transparency and improve the process of selection of judges in Supreme Court in Advocates-on-Record Association and Ors. vs Union of India in 2015, a five-judge bench laid down broad guidelines for the government of India which was tasked with the responsibility of preparing the Memorandum of Procedure for the appointment of judges. Among other things, the guidelines stated that the eligibility criteria and procedure for selection of judges must be transparent and put up on the website of the court concerned and the department of justice. In addition, they required the provision of an appropriate procedure for minuting the discussions including recording the dissenting opinion of the judges in the collegium.

 

Supreme Court’s changing position 

Former information commissioner Shailesh Gandhi believes the Supreme Court’s stance towards RTI has changed in the past few years.

“If I look at the Supreme Court judgments on transparency and Right to Information before the Act came in 2005 and after the Act, it looks like these are two different countries, two different courts,” he said. Gandhi said he had earlier come out with another report which showed how out of 17 orders of the SC on RTI, in only two it ordered information to be given.

On what could have prompted the change, he said, “I can guess very easily. Before the RTI Act came freedom of speech was fine but nobody questioned the court and nobody tried to find out anything about the courts and people would only say, “I have great faith in the judiciary”. The Right to Information for the first time changed that paradigm. A reporter of any newspaper would be wary of what he writes as far as the judiciary is concerned. But RTI people started asking all kind of inconvenient questions. And some things have come out which have been very unpalatable, to say the least.”

Gandhi said now the judiciary refuses to look at RTI applications that have anything to do with them. “When you are in a public office and right to information is there, people will ask all kinds of things. When I was a commissioner, someone had filed an RTI application asking how much bribe Shailesh Gandhi has taken in the last two years. Now, things like this can be upsetting to people. And in my opinion, that is why they have gone against transparency and RTI Act.”

He said that often the judiciary has been very direct in showing its anger against the RTI. “In the first CBSE judgment, they said RTI should not be allowed to damage the peace, integrity and harmony of India. Such a view is okay for terrorists, but not for citizens. I have noticed over time that everyone in power dislikes being transparent.”

Recalling how the website of the Supreme Court was probably the best which existed under Section 4(1)(b) when he was the chief information commissioner, the first chief of the CIC, Wajahat Habibullah said he also, however, understands that having a website and making disclosures are two different things. “And therefore it is quite possible that in this case the Supreme Court has not been very favourably inclined towards the RTI. It simply means that the current phase of RTI in the courts is one that is defensive. It is not anti-RTI, it is more defensive in terms of the openness of the RTI.”

 

‘Judiciary too resists accountability’

Senior advocate Prashant Bhushan concurred that the judiciary too does not like transparency when it concerns its own accountability. “Unfortunately we have seen that when it comes to themselves, the courts do not want any accountability or any transparency and this we have seen in all kinds of issues.”

For example, he said, “in judicial appointments, the court shies away from transparency, by and large, some judges are exceptions who ask for it, but otherwise they don’t want transparency. Same thing happens with accountability. They don’t want any accountability and, in fact, they have progressively whittled down their accountability.”

Habibullah believes that at the moment “RTI is facing challenges”.

“When I was there [as the Chief Information Commissioner] my dealing was basically at the high court level as there were few cases in the Supreme Court then. The high court decisions were generally very supportive of the RTI. It was the time of the actual establishment of the jurisdiction or expanse of the RTI and these orders were very constructive. Now it is passing through a different phase where there has been some sort of a retreat,” he said.

 

‘Public pressure can change the tune’

Bhushan said the judiciary has also very often taken contempt action against people who have written anything against the judiciary or the judges. “Therefore, it is very clear that by and large judges do not want any accountability, nor any transparency. And that is why now that the RTI Act has also been applied to them they are passing judicial orders basically obstructing the orders of the CIC. This is what has happened. Ultimately these matters are for the courts to decide. But once there is sufficient public opinion then probably they will change their tune.”

According to Bhardwaj of SNS, given the extremely progressive orders related to transparency by the Supreme Court before the RTI Act was passed, people expect the judiciary to champion the cause of transparency and expand the scope of the law. “The reluctance of the judiciary to submit itself to the RTI Act is very concerning and we really hope that the constitution bench will give a progressive ruling on the questions referred to it. One of the main objectives of the RaaG-SNS report is to provoke a public debate on the manner in which the RTI Act is being interpreted by the adjudicators and to mobilise public opinion to demand greater openness in the functioning of all public authorities including the courts.”

 

Dushyant Dave speaks on Pul’s suicide note, Sahara-Birla and Supreme Court

 

A few weeks ago, a suicide note purportedly written by late Arunachal Pradesh Chief Minister Kalikho Pul raised more than a few eyebrows amongst the legal fraternity. The note, which first surfaced about six months after Pul’s suicide, made some shocking allegations against sitting and retired Supreme Court judges, lawyers and politicians.

Quite astonishingly, the national media, which usually goes into top gear at the drop of a hat, chose to maintain silence over the issue.

And then something interesting happened.

Pul’s widow, Dangwimsai Pul, wrote a letter to Chief Justice of India JS Khehar seeking his permission for the registration of an FIR on the basis of the allegations made in the suicide note, putting the CJI in an awkward situation.

Surprisingly, the letter was converted into a petition and was listed before a bench of Justices AK Goel and UU Lalit.

That is when Senior Advocate Dushyant Dave took up the matter and appeared for Dangwimsai Pul in the Supreme Court. Bar & Bench’s Pallavi Saluja spoke to Dave on this controversial issue and Sahara-Birla judgment.

“I think the developments over the last few weeks have shaken me. I respect judiciary immensely. I love the judiciary. I have been a judge’s son, I have been a lawyer for 38 years and I don’t know where we are heading with this kind of a judiciary. It’s very difficult for people to really get justice, if everything is going to be controlled in one form or the other by executive. It’s going to be really sad.”

Below are the edited excerpts of the conversation:

Pallavi Saluja: Why did you take up this matter? Do you see any truth in the allegations that have been made in the suicide note?

 

Dushyant Dave: It is not part of my job to decide whether the contents of the suicide note are truthful or not. That is a matter to be investigated by a fiercely independent and absolutely credible institution. Unless that is done, we will never really know.

Secondly, there is no doubt about the fact that a suicide note is equivalent to a dying declaration under Section 32 of the Evidence Act. There is a long line of judgments delivered by the Supreme Court, where they have categorically held that a suicide note can be relied on to prove various offences.

So having said that, the reason why I accepted the brief was because I was appalled by fact that the judges, particularly the Chief Justice of India, were attempting to give a judicial burial to this whole issue and that is what really shook me beyond imagination. Like in the Sahara-Birla judgement, the attempt here was to somehow put the controversy beyond investigation by anybody else in the country.

That was clearly unacceptable to me and therefore, as a lawyer, and as somebody who loves Constitution, the institution of the judiciary, particularly the Supreme Court, I felt that it was necessary for someone to stand up.

 

PS: What do you make of the timing of the suicide note’s release?

 

DD: I am not really bothered about the timing of the suicide note. The fact of the matter is that there exists a suicide note; the question is somebody has to take up the matter. Apparently, there is a story going around that Governor Rajkhowa had suggested a CBI inquiry into the suicide note.

Yes, there may have been some delay, but ultimately it is in the interest of the institution that the investigation is made by a fiercely independent institution as early as possible and the truth is brought out. Twice during my arguments, I mentioned before the Court that I am not on the contents of the suicide note, and that I pray that after such investigations the allegations are proved to be wrong, but my argument was that you cannot determine that without having an independent inquiry.

It is too serious a matter; the charges are very, very serious and they really go to the very foundation of the institution (of the Supreme Court), which has now been shaken because of this.
Chief Justice Khehar
PS: In both Sahara-Birla and Pul’s matter questions have been raised regarding the constitution of the bench(es), which heard the matters respectively. Do you see a connection?

 

DD: There is no doubt about the fact that the Chief Justice Khehar constituted the bench presided by Justice Arun Mishra and Justice Amitava Roy to which the Sahara-Birla matter was assigned, after dismantling two other benches presided by two judges senior to Justice Mishra – Justice Ramana and Justice RK Agrawal.

This was completely unacceptable, because when senior judges are available, you never allow a junior judge to preside, unless the senior judges are sitting in a Constitution Bench or something. This rule was overlooked in the Sahara-Birla matter. Curiously, the two learned senior judges, Justice Ramana and Justice Agrawal, have started to preside again after two or three weeks’ gap. So what was the point of taking away the presiding assignment from them?

In Mrs. Pul’s matter, when the request was made in the letter to simply pass an administrative order, with a clear request that the matter be placed before an appropriate judge, Chief Justice Khehar should never have touched the matter.

He should have simply directed that letter to Justice Chelameswar, who is the number three in seniority, as there were allegations against the Chief Justice and Justice Dipak Misra in the suicide note, or maybe he should have constituted a 5 or 7 judge bench considering the seriousness of the matter, as he did in Justice Karnan’s case.

So sending the matter to Court 13 knowing that he (the CJI) and Justice Goel have been colleagues in Punjab & Haryana High Court and that it would send wrong signals, he still did it.

Regrettably one gets an impression that on the one hand state government and central government were not taking any action on the suicide note and on the other hand Supreme Court was deciding the Sahara-Birla matter giving clean chit to alleged recipients from across political spectrum. This is a very complex but curious co-incidence. The existence of the suicide note and its seriousness were within the knowledge of the concerned persons.
Justice Arun Mishra
PS: But what is wrong in Justice Arun Mishra being allocated the Sahara-Birla case?

 

DD: I will tell you why I am a little troubled. Justice Khehar was present on December 18 at a function at Justice Arun Mishra’s place where I was also present. Justice Khehar saw that a large number of politicians and ministers from the ruling party, as also the Congress party and others were present. Once you see that the judge has amongst his friends these top politicians, he (the CJI) had to be circumspect and not assign the Sahara-Birla case to a bench presided by that judge.

That was the least expected of him, and he did not do it. On the contrary, he changed benches and reconstituted the Bench to allow Justice Mishra to preside and sent the matter there. (Earlier I had written an article about Justice Mishra’s friendship with the Chief Minister of Madhya Pradesh, one of the recipients of alleged payments in Sahara Diary and his attending Justice Mishra’s nephew’s wedding in Gwalior, away from Bhopal on December 10th, while the matter was actually being heard by him and Justice Khehar.)

There is no doubt about the fact that the Sahara-Birla case was an extremely explosive case. It was so serious that it demanded a 5-judge bench of the senior-most judges of the Supreme Court to hear it.

However, as is evident from the judgment in that case, the approach of the judges shows that they have neither appreciated the seriousness of the matter nor have they really understood the legal position; they have completely forgotten their constitutional obligation.

They have been completely overawed by the fact that the persons against whom allegations have been made, particularly the Prime Minister, are constitutional functionaries. Nobody is above the Constitution. And if the allegations are true, then everybody has to face the music. But the truth of those allegations have to be ascertained by an extremely independent investigation.

My own feeling is that the manner in which the matter was handled and the judgement itself was perhaps to protect the Chief Justice himself, so that no constitutional functionary is proceeded against without cogent material. That is really something which is bothering me deeply.

 

PS: What was the logic of converting the letter into a writ petition and AK Goel and Justice UU Lalit?

 

DD: The Supreme Court has laid down one principle of administrative law, which must equally apply to judges – that no man can be a judge in his own cause.

Therefore, there is no doubt in my mind that Chief Justice Khehar committed a gross judicial impropriety by dealing with that letter; and by directing that letter to be converted into a writ petition; and then listing it before a particular bench.

By dealing with it in the manner he did, I think he has raised more doubts about the allegations contained in the suicide note rather than actually giving answers to them.
Justice AK Goel
PS: We understand that during the argument in court, you kept asking for
Justice Goel’s recusal?

 

DD: I don’t know what Justice Goel wanted to do. I was very clear in my mind that I did not want the judges to deal with the matter because Mrs. Pul had not sought a judicial relief. So, the Chief Justice had no authority to convert that into a petition on the judicial side without her consent.

In this case, I genuinely felt that the Bench was not likely to give justice fairly because of the connection between Justice Goel and the CJI. I am entitled to request him to recuse and I am really shocked that despite repeated requests, Justice Goel refused.

 

PS: Do you think the independence [of the judiciary] is being compromised?

 

DD: Well, I am not sure what has happened. But, there is no doubt that something seems to have happened – to try and ensure that a quiet burial is given to two of the most sensitive matters in our public life raises very serious questions, which I don’t think can be answered for a long – long time.

 

PS: There are also rumours that Mrs Pul has some political ambitions.

 

DD: Even if she has some political ambitions, there is nothing wrong about it. The fact of the matter is that a former Chief Minister of a state has committed suicide and has left a suicide note that raises very serious allegations against very powerful people. Nobody is saying that the suicide note is correct. But the nation expects that some action must take place. So, an independent SIT, which is monitored by 5 of the senior most judges of the Supreme Court, has to be constituted. Only then can something happen.

 

PS: And do you see that happening?

 

DD: I don’t see anything happening in this country, everything can be easily put under carpet. We are not a democracy in the real sense. We are increasingly becoming a banana republic. I am sorry to tell you that not many Seniors are willing to stand up and condemn. Top Seniors, who would otherwise love to issue statements on anything and everything, should have got together and issued a statement condemning Chief Justice Khehar’s conduct in this case. Why is it not happening? I heard rumors that some Seniors are advising the Chief Justice. If that is true, then those lawyers must stop appearing in this court.

  

Uttarakhand chief justice not elevated “under govt pressure”: Demand to make public dissenting note

 

Well-known legal rights organization, Campaign for Judicial Accountability and Reforms (CJAR), has said that Justice KM Joseph’s non-elevation to Supreme Court judge is linked with his “bold decision striking down the imposition of President’s rule by the Centre in Uttrakhand last year.”
Alleging that the decision not to elevate the Uttarakhand chief justice “has been influenced by pressure from the government”, CJAR has demanded that the full text of Justice J Chelameswar’s dissenting note to the collegium objecting to the non-elevation of Justice Joseph be “put in public domain.”

One of the most influential legal rights organization of India, those associated with CJAR include top Supreme Court advocate Prashant Bhushan, former former judges PB Sawant and H Suresh, well-known Magsaysay winning writer Aruna Roy, senior right to information activist Nikhil Dey, other senior activists, experts and lawyers.

Says a CJAR, “As a member of the Supreme Court collegium, while Justice Chelameswar has not disagreed with the names of the five other judges that have been proposed for elevation to the Supreme Court, his criticism that Justice Joseph has been sidelined, is right and justified.”
This is the first time in the annals of the Supreme Court collegium that a member has written a dissent note. Normally such views are conveyed orally.

“We regard Justice Jospeh to have had an outstanding record as an independent judge of high integrity and holding secular views. His being sidelined is surprising since his name for elevation to the Supreme Court, was even recommended by the previous collegium headed by Justice TS Thakur”, CJAR insists.
Pointing out that “transparency in the working of public functionaries, both the judiciary and the government, is critical in a democracy”, CJAR says, “It is ironic that there has been complete opacity from both these institutions” about “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”

“The process has been shrouded in secrecy, excluding public participation in this crucial process”, CJAR says, adding, “There have only been leaked media reports and speculations on certain contentious clauses in the memorandum that have been going back and forth between the government and the judiciary.”

Contending that “repeated requests from CJAR for a draft of the memorandum to be shared” have received “no response”, CJAR asks the Supreme Court chief justice JS Khehar to make public the memorandum, which is being how finalised by the judiciary.

 

Five Questions We Have to Ask Before the Birla-Sahara Payoff Case is Buried Forever – BY PRASHANT BHUSHAN

 

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated.

Corruption continues to remain one of the most serious problems of our society. Narendra Modi and the Bharatiya Janata Party won the 2014 Lok Sabha election riding on the back of the anti-corruption campaign and promising a government which would swiftly deal with corruption and the problem of black money. The reality however, seems far from what was promised.

In October 2013, the income tax (IT) department and the Central Bureau of Investigation conducted simultaneous raids at various establishments of the Aditya Birla group of companies. In these raids, cash worth Rs 25 crore was recovered from their corporate office in Delhi along with a large number of documents, note-sheets, informal account books, emails, computer hard disks and the like. The CBI quickly handed all the papers over to the IT department, which did an investigation in this matter. The department questioned the DGM accounts, Anand Saxena, who was the custodian of the cash which was recovered. He said that the cash was received by the company from various hawala dealers, who used to come almost daily or sometimes on alternate days and give Rs 50 lakhs or 1 crore in cash. The IT department also questioned one such hawala dealer whom Anand Saxena had mentioned, and this dealer also admitted that he had been doing that.

Saxena also said that this cash would thereafter be delivered to certain persons, specified by the group president, Shubhendu Amitabh. And apart from himself, four other senior officer – whom he named – were deputed to deliver the cash. Saxena further said that he did not know the purpose behind the cash payments to those persons.

From ‘Gujarat CM’ to ‘Gujarat Alkalis and Chemicals’

Some of the documents noting the cash received and payments made were in the handwriting of Anand Saxena, which indicated Rs 7.5 crores paid to the ministry of environment, with the noting of  “(Project J)” scribbled next to the entry. The documents also showed various other payments for environmental clearances of Birla projects. The dates of these payments could easily be correlated with the environmental clearances obtained for these projects.

The emails recovered from the computer of Shubhendu Amitabh revealed a number of messages which indicated payments to various DRI (Directorate of Revenue Intelligence) officials for the purpose of slowing down/dropping investigations, which the agency was conducting against the under-invoicing of coal exports and other irregularities by the Birla group of companies.

Amitabh’s emails also contained one cryptic entry which said “Gujarat CM 25 crores (12 paid rest ?)”. When he was questioned about this entry, he said that ‘Gujarat CM’ meant ‘Gujarat Alkalis and Chemicals’. When asked as to whether there was any other place where he had referred to Gujarat Alkalis and Chemicals as ‘Gujarat CM’, Amitabh could not answer. He also could not produce any document which could indicate any dealing between Gujarat Alkalis and Chemicals and the Birla group for Rs 25 crores.

The IT department then prepared a detailed appraisal report in which it concluded that the explanations given by Shubhendu Amitabh about the various payments etc. were not believable and that this matter needs to be further investigated. Unfortunately however, the department did not send the matter to the Central Bureau of Investigation for investigation under the Prevention of Corruption Act – even though the payments to DRI officials, the environment ministry and ‘Gujarat CM’ etc prima facie, all appeared to have been made to public servants, which constitute offences under the Prevention of Corruption Act. The CBI would have been the designated investigating agency for this investigation.

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. However, even after coming to power, the Modi government, which obviously was in the know of this IT department investigation, did not pursue the matter. Modi in his election rallies at several times mentioned the “Jayanti tax”, which had to be paid by companies for environmental clearances to then environment minister, Jayanti Natarajan. And any investigation of the recovered papers from Birla would have substantiated that. The reason for Modi’s reluctance to probe the Birla papers can only be attributed to that one entry – of ‘Gujarat CM’ for 25 crores – which any reasonable person would assume referred to him, for he was the ‘Gujarat CM’ at the time the Birla people made their noting.

The Sahara smoking gun

In November 2014, while the Modi government was in office, the IT department raided the Sahara group of companies. In this raid, Rs 137 crore in cash was recovered from the corporate office, along with several computer spreadsheets and note sheets. These recovered documents also showed payments made to public servants. One particular spreadsheet mentioned in detail the dates, amounts and sources from which a total of Rs 115 crore in cash was received during the year 2013 to 2014, with the transactions being on 40 to 50 different days. On the other side was the disbursement of this cash (Rs 113 crore out of this 115 crore, to be precise) to various people. The disbursement details were consummate and exhaustive as they contained the dates, the amounts, the person who was paid the cash, the place where it was paid as well as the person who went and delivered the cash. In this spreadsheet, the largest recipient with nine entries against his name was ‘Gujarat CM Modi Ji’. As per the entries, he was paid a total of Rs 40 crore in nine instalments. The second biggest recipient was the Madhya Pradesh chief minister Shivraj Singh Chouhan, with Rs 10 crore on two dates. There are also payments of  Rs 4 crore to the Chhattisgarh chief minister and a payment of Rs 1 crore to the Delhi chief minister (who was Sheila Dixit at that time), among other people. Other recovered note sheets contain details of payments made in 2010 to various persons.

Each of these documents was seized and signed by the IT officials, two witnesses and an officer of Sahara. However, again, despite the highly incriminating nature of these documents, the IT department, shockingly, did not hand these over for investigation to the CBI under the Prevention of Corruption Act.

The IT department appraisal report on this is still not available, but we get a hint on what it concluded on the matter from the order of the Income Tax Settlement Commission, which came thereafter. The Sahara company had moved the Settlement Commission for settling the case with the IT department under Section 245C of the Income Tax Act. One of the issues before the Settlement Commission was whether  or not the payments mentioned in the spreadsheets should be added to the income of Sahara as undisclosed income. The IT department in its statement said that these payments were clearly genuine since (a) these were accounts maintained over a period of time, (b) that the cash received shown in the spreadsheets matched with the ledger entries of MarCom – the Marketing Communication Company of Sahara. This meant that the dates on which cash was withdrawn from MarCom matched the dates and amounts on which the cash is seemed to be received on these spreadsheets from MarCom. And (c) that the explanations given by Sahara – which sought to question the validity of these documents – were contradictory and did not appear to be correct.

It was clear, therefore, that Sahara had not come with clean hands and yet the Settlement Commission absolved Sahara of all criminal liabilities under the Income Tax Act by asking the company to pay tax of a thousand odd crore rupees on their concealed income.

Even more interestingly, this case was decided by the Settlement Commission in record time – in virtually three hearings in less than three months, with the ruling coming on November 10, 2016. It was also settled by just two members of the commission since the third member had been transferred out by the government.

Enter Chowdary the CVC

For a long time, these documents remained buried within the Income Tax department and eventually surfaced sometime towards the end of 2016, which was when I received copies. They showed prima facie offences under the Prevention Of Corruption Act, which needed a thorough investigation in accordance with the Supreme Court judgement of the Jain hawala case, where the recovery of cryptic entries in a diary – which only mentioned initials and amounts paid – was held by the Supreme Court to be enough to merit a thorough court-monitored investigation. It is another matter that despite this ruling,  the CBI in its investigation into the Jain diaries did not examine the assets of the public servants involved and filed the chargesheet only on the basis of the diaries recovered and thereafter this chargesheet was quashed by the Delhi high court on the grounds that diaries by themselves cannot be enough evidence for prosecuting anybody.

When I received the Birla-Sahara documents, I also noticed that the person in charge of  the income tax investigations was K. V. Chowdary, who, at the relevant period was holding the charge of member, investigations, in the IT department. In June 2015, he was appointed by the Modi government as the country’s Chief Vigilance Commissioner (CVC). This appointment was challenged by Common Cause in the Supreme Court on various grounds – of scuttling tax investigations and also being involved in the “Stock Guru” scam, in which IT officials working under him were found to have taken crores in bribes from Stock Guru company in return for favours from the IT investigation department.

As counsel for Common Cause, we then decided to raise the Birla-Sahara papers issue in the pending case challenging the appointment of Chowdary itself, since the IT department’s decision to withhold these documents and not send them to the CBI for criminal investigation constituted a serious dereliction of duty on Chowdary’s part.

 

Knocking on the Supreme Court’s door

This application was heard in the Supreme Court on November 26, 2016 by a bench of Justice J.S. Khehar and Justice Arun Mishra.

In the hearing Justice Khehar said that these documents do not constitute any evidence for investigation and asked us to come back with better evidence. Just before the next date of hearing, I received the three volume Income Tax appraisal report from the Birla case and on that date I pleaded with the court that I should be given more time to analyse the appraisal report and file additional evidence. The court was reluctant to grant additional time and put up the matter to be heard only two days thereafter. By this time, however, the appointment of a new chief justice was coming close. Justice Khehar was the next in line of seniority but the clearance of his name had still not been given by the government despite his name having been  recommended by the outgoing chief justice. I told the court in the hearing that it would not be appropriate for it to push through with the hearing of this matter at a time when Justice Khehar’s appointment file is pending with the prime minister, since this case also involved investigations into the payments made to the prime minister as well. After showing some resentment and anger, the court reluctantly adjourned the matter to January 11, 2017.

Justice Khehar was sworn in as chief justice on January 4, 2017. On January 11, two senior judges who would normally have headed benches in the Supreme Court were made to sit with even more senior judges and a new bench was created headed by Justice Arun Mishra (who would not otherwise be heading a bench), with Justice Amitava Roy as the puisne judge. The Birla-Sahara matter was sent to this bench. The judges heard the matter at some length, and finally passed an order saying that since these were not regular books of accounts, therefore, in accordance with the Supreme Court judgement in the Jain hawala case, these did not constitute evidence on the basis of which any investigation could be ordered. In particular, they said that high constitutional functionaries cannot be subject to investigation on the basis of such loose papers. They also used the order of the Settlement Commission to say that the Settlement Commission did not find any proof of these documents being genuine and hence they did not represent the true state of affairs.

A little later, we discovered that while this case was being heard by Justice Arun Mishra along with Justice Khehar, Justice Misra had celebrated the wedding of his nephew from his official residence in Delhi as well as his residence in Gwalior. We were informed of this by Dushyant Dave, former president of the Supreme Court Bar Association, who had also attended the wedding reception. He stated that a large number of BJP leaders were present at the event. A photograph of Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, attending the reception at Gwalior also appeared in a newspaper. This is significant because Chouhan was one of the alleged recipients of money in the Sahara spreadsheets – the very matter Justice Mishra was considering in court.

The Supreme Court has laid down a code of conduct which says that judges should maintain a degree of aloofness, consistent with their status – which means that they should obviously not socialise with politicians whose cases are likely to come up for hearing before them. It also says that judges should not hear and decide cases involving their friends and relatives. Putting these two together, it is obvious that if a judge invites politicians for personal functions at his residence, it can be safely assumed that these politicians are his personal friends and that the judge must not hear and decide cases involving them.

Kalikho Pul’s suicide note, the missing link

Shortly after the dismissal of our application, The Wire on February 8, 2017, made public the 60-page suicide note of the late Arunachal Pradesh chief minister Kalikho Pul. Kalikho Pul committed suicide on August 9, 2016, barely three weeks after he was unseated by a judgment of a constitution bench of the Supreme Court headed by Justice Khehar and Justice Dipak Misra. In his suicide note, which was found with his hanging body, and signed and initialled on every page, Pul details the alleged corruption of various politicians as well of persons closely related to senior members of the judiciary. In particular, the note shows that he is especially anguished at the corruption of the judiciary. He says that prior to the Supreme Court’s judgment in the case, which quashed president’s rule in Arunachal Pradesh and removed him from office, a demand of Rs 49 crore was made for a favourable judgement by Justice Khehar’s younger son Virendra Khehar. He also mentioned that another demand of Rs 37 crores was made by Aditya Mishra, described as the brother of Justice Dipak Misra, for a favourable judgement.

This suicide note contained a number of very serious allegations of corruption which obviously needed investigation, for which Pul’s eldest wife, Dangwimsai Pul, had been making requests to the government. However, the note remained uninvestigated and its copies were kept tightly under wraps and not made available to anybody.

The then governor of Arunachal Pradesh, J.P. Rajkhowa, himself went on record to say that he had recommended a CBI investigation into the very disturbing charges made in Pul’s suicide note. However, it still remained uninvestigated. And it was only in early February that a copy of this suicide note was obtained and published by The Wire, which published this note in the original Hindi and in an English translation, after redacting the name of the judges mentioned in the note. The unredacted note was thereafter published by the Campaign for Judicial Accountability and Reforms (CJAR) in the interest of transparency and to prevent the spread of rumours about the identities of the redacted names.

The questions that remain

The manner in which the Supreme Court buried the Birla-Sahara diaries investigation and the manner in which the government suppressed the suicide note of Kalikho Pul and did not order any criminal investigation into the matter, raise several disturbing questions:

1.      Was Chief Justice J.S. Khehar aware of the Kalikho Pul suicide note and that this note mentioned his name, thus raising allegations about a cash for judgment scam?

2.      Was Pul’s suicide note the reason that Chief Justice Khehar transferred the case deliberately to a bench headed by Justice Arun Mishra?

3.      Was Justice Khehar aware of Justice Arun Mishra’s close ties with the BJP leaders?

4.      Did the proximity of Justice Arun Mishra to the BJP – and in particular to some of the people specifically mentioned in the Birla-Sahara diaries as a recipient of black money (such as Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, have a bearing on the decision to finally not order an investigation?

5.      Was the Kalikho Pul suicide note used as an instrument by the government to put pressure on the judges hearing the Birla-Sahara case?

6.      Did the Modi government decide to ignore Kalikho Pul’s suicide note (despite the fact that it contains serious charges of corruption against Congress leaders and the two senior most judges of the Supreme Court) so long as the judiciary does not order an investigation into the Birla-Sahara payoffs ?

It is a fundamental principle in law that even a reasonable apprehension of bias in the minds of the litigants constitutes a violation of natural justice and renders the judgment a nullity. The content of the documents recovered in the Birla-Sahara raids as well the contents of the Kalikho Pul suicide note are amongst the most lethal revelations of political corruption in the country and they raise questions about the highest constitutional positions in our country – the prime minister and the chief justice of India. In hardly any case does one obtain documentation which mentions in such detail, the payments made of large sums of money to political personalities and officials. The Kalikho Pul suicide note, in particular, is like a dying declaration and that too of a chief minister, which must be treated very seriously in law because of the jurisprudential maxim ‘nemo mariturus presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth.

The people of India have known for a long time the pervasive and rampant corruption in the polity. Narendra Modi claimed to be above all this, but the Birla and Sahara documents suggest otherwise. The Kalikho Pul suicide note has shaken the faith of the people in the integrity of the highest levels of our judiciary. Burying the Birla-Sahara documents and the Kalikho Pul suicide note without investigation will not make the public suspicion go away. In fact, it would only strengthen those suspicions and irredeemably erode the fate of the people in the integrity of Modi and the judiciary. It is imperative, therefore,  that the contents of these documents are subjected to thorough and credible investigation. In fact, they pose one of the most serious challenges in independent India for the judiciary itself.

The time has come for the judges of the Supreme Court to sit together to apply their minds and devise a way for these serious documents to be thoroughly investigated. Nothing less than this is going to the restore the shaken faith of the people of this country in the highest political and judicial offices of this country.

 

  Supreme Court  averse to Transparency

By M.J.Nedumpara

While the government often comes under fire for not effectively implementing the RTI Act, few have noticed that India’s highest court violates the Act routinely, and with an impunity that makes the government’s evasion of the RTI Act seem benign.

Consider the following:

·         On 20th February 2008, Satnam Singh, a prisoner in Ludhiana’s Central Jail sent a Right to Information (RTI) request to the Supreme Court (SC) asking for a copy of its guidelines on police reforms. The Public Information Officer (PIO) of the SC denied the request and referred Singh to the SC website. Singh filed a first appeal pointing out that as a prisoner, he had no access to a computer, and that, by not sending him the information, the SC was denying him his right. Hearing the appeal, the Registrar, SC too denied the request, now asking him to apply under the Supreme Court Rules 1966, instead of the RTI Act.

·         On 10th November 2007, Subhash Chandra Agrawal filed an RTI request with the SC asking for information concerning declaration of assets by Supreme Court Judges, among other things. The PIO denied the request, claiming he did not hold the information. Agrawal filed a first appeal asking that his application may be transferred to the Public Authority holding the information. The Registrar asked the PIO to re-consider the request, but he denied the information again. Agrawal moved the Central Information Commission (CIC) which in January 2009, asked the PIO to furnish the information [PDF].The SC challenged this order twice before the Delhi High Court (HC) even as it made some information about judges’ assets public on its website, but the HC upheld the CIC’s ruling.

·         In 2007, N. Anbarasan filed an RTI request before the Karnataka High Court (HC) for information pertaining to the scrutiny and classification of writ petitions, among other things. The PIO denied the information and asked Anbarasan to apply under the Karnataka HC Act and Rules. Anbarasan approached the Karnataka Information Commission (KIC), which ruled in his favor. The PIO challenged the KIC’s order before the HC, which quashed it. Subsequently, AKM Nayak, the State Chief Information Commissioner, and a former Additional Chief Secretary, appealed against the HC ruling before the SC. The SC not only dismissed the appeal but fined Nayak 1 lakh rupees for “wasting public money for satisfying their ego.” [PDF]

Although the SC frequently agonises over governments’ lack of transparency, its own Registry has steadfastly resisted yielding information under the Act. In the past decade of the Act’s existence, the SC has fought many RTI applicants tooth and nail, forcing them to the stage of second appeal. Where the CIC has ruled in favor of the applicants, the SC has typically challenged its decisions before the Delhi HC.

The SC has fought these battles not for some significant intrusion of transparency, but for routine matters such as providing pendency figures: for example, the applicant who sought this information in 2009 had to wait until 2014 just to get the Delhi High Court to rule that the  [PDF] SC may provide the information.

I was unaware of the SC’s hostility towards the RTI Act, until two years ago, when I called the office of the Assistant Registrar & PIO to confirm the address where I should send an RTI request. For my research, I wanted a copy of the affidavits filed in a public interest litigation (PIL) heard by the SC between 1999 and 2004.

The official who answered my call wouldn’t identify himself, and asked me if I was party to the case. When I answered no, he said, “We do not provide copies of the judicial record to non-parties,” and hung up. In all my experience of seeking information under the RTI Act, never before had an officer declined to provide information so transparently. I called back to ask how might one access judicial records. The official asked me to look up SC Rules 1966.

RTI Act vs Supreme Court Rules

As I found out after reading about several RTI cases involving the SC, referring applicants to its own rules is a significant tool deployed by the SC to keep the RTI Act at bay. Order XII, Rule 2 of the SC Rules 1966  [PDF] says:

“The Court, on the application of a person who is not a party to the case, appeal or matter, may on good cause shown, allow such person search, inspect or get copies of all pleadings and other documents or records in the case, on payment of the prescribed fees and charges.”

In several ways, this rule gives the SC greater powers to withhold information from citizens, vis-à-vis the RTI Act. Unlike the RTI act:

·         The rule insists on the applicant providing a reason, and makes the availability of information contingent upon “good cause shown.”

·         It prescribes no time limit within which information is to be provided.

·         It lists no penalties for delaying or failing to provide the information.

·         It has no mechanisms for appeal.

These inconsistencies have to be resolved in favour of the RTI Act as per the non-obstante clause provided in Section 22 of the RTI Act. Yet, I found that the SC has been maintaining that it can deny RTI requests, and limit citizens to the SC Rules.

The SC, represented by its Assistant Registrar and Registrar has been relying on two ruses. First, as per the SC Rules, it was “the Court” [PDF] which could take a decision on admitting requests to access judicial records and the humble Registrar and the humbler Assistant Registrar could scarcely usurp the authority of “the Court.” Second was the ruse that the RTI Act, under Section 6(3), allowed Public Authorities to frame rules to access information and the SCR were Supreme Court’s Rules to address RTI. By this logic, the Supreme Court had framed rules in 1966 itself anticipating the RTI Act, which came after 40 years.

The Role of the CIC

The dispute over RTI and SC Rules came before the CIC as early as 2006 – a year after the passage of the Act – in the case of Manish Khanna vs. The Supreme Court of India. [PDF] The appeal was heard by former bureaucrat and then Chief Information Commissioner, Wajahat Habibullah. Ignoring the four fundamental inconsistencies listed above, Habibullah startlingly ruled that there was “no inherent inconsistency” between the Act and Order XII Rule 2. In his view, Rule 2 merely provided an “alternative procedure” to access the information without denying it in any way – ignoring the “on good cause shown” condition.

With this as the foundation, he ruled that the Rule 2 was a “special enactment,” not superseded by a general law enacted later. This ruling established the precedent by which the CIC has consistently ruled in favour of the SC Rules 1966 against the RTI Act.

By my rough calculation, the SC’s refusal to provide information about judicial records under the RTI Act has come before the CIC nearly 50 times in the last ten years – this is just counting the cases which have been decided by the CIC; many more await a hearing. Keeping in mind that not every applicant has the time, resources and the skills to draft first and second appeals, one can say that a very large number of RTI requests are being summarily denied by the SC each year – conservatively speaking about 20 annually. Thus, on the back of this ruling, the SC Registry has found a third ruse to deny information: citing the precedent set by Habibullah’s ruling.

The only exception to this has been a decision in 2011 by Information Commissioner Shailesh Gandhi, who observed that Order XII curtailed the fundamental right of citizens to free information because of the aforementioned inconsistencies. He ruled [PDF] that the PIO must provide information subject to the provisions of the RTI Act, and that it was up to applicants to decide whether they wished to seek information under the RTI Act or the SC Rules.

The SC instantly moved the Delhi HC against this ruling, where Justice S. Muralidhar immediately stayed the matter and, further, restrained the CIC from hearing matters on similar questions. The case remains pending before the HC. Perhaps to do away with the criticism that rules framed in 1966 could scarcely be said to address a landmark law enacted in 2005, the Supreme Court revised its rules in 2013. Under SC Rules 2013, issued in August 2014, Order XII Rule 2 has become Order XIII Rule 2 – with no meaningful difference for the information-seeker.

Seeking information

Despite the nameless SC officer telling me outright that they will not provide me with copies of the affidavits I was seeking, I decided in January 2014 to file my RTI request anyway. For good measure, I requested the same information under Order XII, Rule 2 as well. It would be one thing if the SC was providing information to citizens under its own rules, but even that is not the case, as I found out, and as others have experienced too [PDF].

The PIO denied my RTI request and asked me to approach the Court under Order XII Rule 2, which I had already done. This second request got no reply for over a month, at which point I followed up with the SC over the phone. After several evasive conversations, an officer finally informed me, again, that they would not release the information to me. When I asked the officer for her name so that I may state this position in my first appeal, she declined and hung up.

I eventually received a reply to my request under Order XII, Rule 2. The Assistant Registrar (Copying) now insisted that I apply under Order XII, Rule 2 read with Order X Rule 6(1), i.e., I present my application for information in person at the filing counter of the Court. This additional hurdle was entirely new, as the SC had not mentioned it before the CIC. Moreover, it is entirely inconsistent with the RTI Act because it limits the availability of information only to those who can make their way to the filing counter of the SC – not the easiest of tasks for most citizens, particularly the vast majority of Indians who do not live in Delhi.

I filed a first appeal before the Registrar, pointing out that SC had refused information through both the routes, and invented new hurdles to access information. The Registrar found my appeal “to be without any merit” and dismissed it. I filed a second appeal before the CIC in July 2014, which is yet to be scheduled for hearing.

In my experience of filing RTI requests with multiple public authorities, no government body comes close to the SC in terms of contempt towards RTI applications. This attitude seems to be pervasive in the higher judiciary. The summary denials, fighting ordinary applicants before the CIC, and even hauling them before the Delhi HC suggests that as far as India’s higher judiciary is concerned, transparency is good for others, not for itself.

Probe  CJI  for  Kalikho Pul's suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul's `suicide' note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be "seriously investigated by a credible investigation team", a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page 'suicide note' of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.

According to the purported diary, captioned "Mere Vichar", of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that 'Mere Vichar' was actually his suicide note, Dangwimsai told the vice-president: "Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government."

 

Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai's memorandum said, "It was to protect the independence of the judiciary that the SC in Veeraswami's case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India." It further said, "The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority ."

 

The letter said, "Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami's judgment."

 

Editorial :  Jail  CJI   Khehar

-          Few  Judges  deserve  Contempt   NOT  Respect

Legally prosecute  and send CJI  Khehar  to  Jail.  Covering up  crimes is also a crime. He  and his predecessors are covering up crimes.    

 

Justice  Karnan was  convicted for “Contempt of Court” , in a super fast manner. Why NOT   Supreme Court Judges  who have committed anti national crimes , sex crimes , etc are not  punished in such a  super fast manner  since years ?  Why Supreme Court Judges are NOT punished for “Contempt of Court  , contempt of constitution of India ,  Contempt of  Citizens “  since years ? Are these people Judges or Dictators ?

CJI  Khehar Murders Justice & Truth

https://sites.google.com/site/sosevoiceforjustice/cji-khehar-murders-justice-truth

  Few  judges  even after committing crimes are escaping from legal prosecution. They are not allowing  RTI replies , enquiry , investigation  into their crimes , illegal actions. Therefore they cann’t be legally prosecuted and convicted in a court of law. As a result by farce  they are innocent ,  technically innocent till proven guilty.

  We have highest respect for all constitutional offices including courts of law , office of judge. However  we  have  utter CONTEMPT towards  few corrupt individuals occupying those honourable offices.  Respect towards a Judge   comes involuntarily  in a citizen , when he sees that judge performing his constitutional duties honestly , bringing glory to the office. A corrupt  judge  himself is the first contemnor of his own  office  , who shows disrespect to his office by working against law. By fear of contempt law , fear of imprisonment   a  corrupt judge will not get respect , he will get a mechanical salutation from citizens  but inside citizen’s  heart there will be utter contempt towards the corrupt judge.

  Judges don’t behave like dictators , you are accountable to people as you are surviving on people’s money.  Remember  You are inferior to our motherland india and our constitution.

 

Judges  Smother  Truth   about ex Arunachal CM’s Suicide : Justice Karnan to President

 

The Supreme Court of India refused to recall the arrest order against sitting Calcutta High Court Judge Justice Karnan, who has been found guilty of contempt of court by a seven-judge bench headed by the Chief Justice of India.

Justice Karnan, on May 12, had sought a review of his conviction and six-month jail sentence.

"We won’t allow you to stop court proceedings like this, you have been doing it repeatedly," CJI JS Khehar told Justice Karnan’s legal aide Mathews Nedumpara on Monday.

Justice Karnan became the first Indian judge to be convicted, after incidentally also being the first judge to be summoned by a court. On May 9, Justice Karnan was sentenced to six months’ imprisonment after he failed to appear before court in a contempt case against him.

“We are punishing him for contempt of Indian judiciary as well as judicial process and his act was of greatest nature of contempt,” the seven-judge bench headed by Chief Justice JS Khehar had said.

SC gives 6 month jail term to Justice Karnan for contempt, orders media gag on his statements

The West Bengal DGP was tasked with carrying out the arrest of Justice Karnan “immediately” but Justice Karnan had evaded arrest until Monday morning and has remained at large. Searches were carried out at his Kolkata residence and in parts of Chennai and Tamil Nadu-Andhra border by several senior police officials from different states. There were rumours doing the rounds that he had left the country or he would appear before the SC himself.

Meanwhile, Justice Karnan on Monday wrote a letter addressed to President Pranab Mukherjee, that was also addressed to Vice President Hamid Ansari, Prime Minister Narendra Modi, Lok Sabha Speaker Sumitra Mahajan, MPs and to leader of all political parties. 

‘Committed no offence’

In his three-point letter, Justice Karnan alleges that his impeachment and imprisonment is “without authority of law” and goes on to level allegations of corruption against the Chief Justice of India JS Khehar. While arguing that he committed no offence, the HC judge goes on to observe that the Supreme Court ‘usurped’ the jurisdiction invested in the parliament” and his trial was held without charges being framed.

Justice Karnan alleges that the order by the seven-judge bench of the apex court was a “violation of the Constitution” in addition to “the usurpation of the jurisdiction of parliament”.

As per Article 217 of the Indian Constitution, a judge can be removed by an order of the President passed after both Houses of Parliament vote for their removal on grounds of proven "misbehaviour" and "incapacity". And this vote must be by a two-thirds majority, where at least 66% of the member who are present and voting must vote for their removal.

“The President of India appointed me as a judge and the President alone could have removed me and that too upon an impeachment motion which has received the ⅔rd majority of the members of Parliament. But I am not only impeached, but even being sent to the jail without any such impeachment motion against me, by a mere judicial order of a 7 judges bench,” he writes.

Reiterating that he committed no offence, Justice Karnan says that all he did was to raise the “little voice from within” against corruption in the higher judiciary. In January, he had written a letter to PM Modi accused various judges and officers of the Madras High Court of corruption in. He also added that if central agencies probe the matter, his charges could be proved too..

Justice Karnan goes on to level more charges, alleging that in the suicide note left behind by former Arunachal Pradesh CM Kalikho Pul, he accused CJI Khehar and SC judge Justice Dipak Misra of “venturing to sell justice for a huge sum running into crores” through their relatives.  However, he claimed that no FIR has been registered and despite efforts to file a writ petition in the Delhi High Court, no case has been listed.

He concludes his letter writing, “I part with the unstinted faith that the two issues…my impeachment and imprisonment without authority of law and allegations of corruption against incumbent Hon'ble Chief Justice of India will be looked into, which I believe is the solemn duty of your excellencies.”

 

Former SC judge approached me on behalf of CJI: Dave

The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai's counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar's behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai's letter cited the SC's 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, "If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court."

Dangwimsai's letter had said, "I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request."

Dave raised a series of questions and levelled many allegations. "Why was Dangwimsai's letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI's son?" Dave asked.

"We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case," Dave urged the bench of Justices Goel and Lalit.

Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 

"This letter brings forth a more serious issue than the one raised by Calcutta HC's Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?" Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, "You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself." Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 

"We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed," Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

 

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5 Star Jails & Hell
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.23........10 / 06 / 2017

 

Editorial : Safety of Jail Inmates Responsibility of Judges

The presiding judge of the case  who  issues arrest warrant against a person , who rejects the bail plea  of the accused  and  the judge who remands accused to police custody / judicial custody  is fully responsible for safety , human rights of the prison / jail inmates. Use of 3^rd degree torture is rampant in jails   and in all such cases ,  respective presiding judges  must be made to  pay compensation from their pockets and judges must be charged  for  AIDING & ABETTING  THE MURDER  ATTEMPT  on prisoner  by  jail / police authorities.  Are the JUDGES & POLICE above Law ?

 

 

Review: In Jails, Illegality Is the Norm

BY MAHTAB ALAM

 

Sunetra Choudhury‘s Behind Bars: Prison Tales of India’s Most Famous highlights how different jail experiences can be depending on who you are and what you can pay.

 

When I met Santosh Yadav, a journalist from Bastar, for an early morning breakfast in Delhi a few weeks ago, he looked happy. There was a sense of relief and freedom in his eyes. Yadav had been recently released on bail after 17 months of imprisonment. He was arrested by the Chhattisgarh police in September 2015 from his village Darbha in Bastar. At the time of his arrest, Yadav used to report for two Hindi local dailies, the Navbharat and Chhattisgarh. He was accused of being a Maoist supporter and charged under various sections of the Indian Penal Code and other laws pertaining to crimes ranging from rioting, criminal conspiracy, murder, criminal intimidation and with being a part of the banned Communist Party of India (Maoist), among the other alleged offences. He was granted bail by the Supreme Court on February 26 this year, after his earlier bail petitions were rejected by the lower courts.

As soon as he started narrating his jail experiences, he assumed a different persona altogether. There was a sense of intense gloom and despair in his eyes. “What I saw and went through in jail was beyond my imagination,” he said, adding that “I used to think aisa angrezon ke samay hi hota hoga (things like this could have only happened during colonial rule).” Yadav said he was severely tortured and even kept in solitary confinement during his incarceration, apart from routine beatings by the other inmates on the instructions of the jail officials. Listening to Yadav was like re-reading journalist Iftikhar Gilani’s jail memoir, My Days in Prison. Gilani had been jailed in June 2002 on the charges of possessing ‘classified documents’ and booked under the draconian Official Secrets Act. The only evidence presented was a report he had downloaded from the internet. Eventually, he was discharged. In his memoir, Gilani writes, “I was beaten up many times while inside the prison. For 41 days, I worked as a labourer…”

Sunetra Choudhury
Behind Bars: Prison Tales of India’s Most Famous
Roli Books, 2017

Not everyone goes through the trials and tribulations that Yadav and Gilani underwent. Jail can be quite a ‘haven’ for some, depending primarily on one’s socio-economic background and political influence, irrespective of how grave the charges or the crimes committed. In fact, it’s possible that the graver the nature of the alleged crime, the better the facilities you can avail. All, of course, through illegal means. Unfortunately, in jails, illegality is the norm.

Sunetra Choudhury’s book Behind Bars: Prison Tales of India’s Most Famous tells us how all of this is possible. In so doing, she gives us a glimpse of the underground and parallel economy of jails across the country. Based on extensive secondary research and detailed interviews with people who have spent time in jail as well as those who have worked in or on jails, Choudhury presents a series of stories which are nothing short of eye-opening – dare I say, even eye-popping – in their revelations.

Choudhury profiles the incarceration of 13 people who are either in jail or were at one point of time. While the book mostly concentrates on describing famous people in prison, it does cover others as well. Among the former are politicians Amar Singh, A. Raja and Pappu Yadav, the arms dealer Abhishek Verma’s wife, Anca Verma, CEO Peter Mukherjea and Maoist ideologue Kobad Ghandy. Businessman Subrata Roy of Sahara also finds a brief mention in the introduction.

Narrating her meeting with Roy, Choudhury writes:

“After walking through a long corridor inside the Chandragupta suite [at the Maurya Sheraton, New Delhi] that had been used by heads of state, and after passing a room that only had his shoes, I was ushered into a sitting room with Roy. He was very polite and spoke to me in Bangla, appreciating my work as I’m sure his secretary may have briefed him. Someone brought in some mishit doi and sandesh. As soon as I took out my notebook he said, ‘Listen, don’t include me in this book of yours. I’m not a criminal.’ I told him that not everyone featured in my book would be a criminal. Many would be those wrongly accused of crimes which led them to unfairly spend long years in custody. ‘But I am different. There isn’t even an FIR against me,’ he clarified.”

Roy was given VIP treatment during his jail term. In fact, as the author informs us, he paid a whopping Rs 1.23 crore for the facilities that he received in Tihar. He lived like a king even in jail.

Unbelievable and ridiculous as it may sound, the sad reality is, in the words of Anca Verma, “If you steal 1,000 rupees, the hawaldar will beat the shit out of you and lock you up in in a dungeon with no bulb or ventilation. If you steal 55,000 crore rupees then you get to stay in a 40-foot cell which has four split units, internet, fax, mobile phones and a staff of ten to clean your shoes and cook you food.” This singular quote from the book speaks volumes about the privileges and deprivation faced by people in jails, given their money power and political connections. It also tells us about the rotten nature of our criminal justice system. However, as the author notes, “special treatment in jail is, of course, not a new phenomenon.” She draws our attention towards the case of the infamous Charles Sobhraj. However, what is striking is how, over a period of time, a new normal of ‘super’ special treatment for a certain type of jail inmate has been drawn into our discourse.

Sunetra Choudhury. Credit: Twitter

Among the most tragic and lesser-known stories is the one of Rehmana. Hers is a clear case of guilt by association. Now out of jail, she is the wife of Pakistani national, Arif who is currently on death row for being an operative of Lashkar-e-Tayyiba convicted in the Red Fort attack case. Though there are several unanswered questions about Arif being an operative of the LeT and his involvement in the attack, Rehmana and her entire family suffer for the crime. “Don’t write their names,” Rehmana requested the author when she met her for an interview.

“Rehmana’s aware that she’s already created considerable problems for everyone associated with her. One of her sisters, a government school teacher in Bhopal, is afraid that Rehmana has spoilt her daughter’s chances of getting a good match. Her brother, a year younger than Rehmana, is still mentally disturbed by all that had happened. Rehmana may have married Arif but they were all hauled to the police station for one night in December. And that night’s nightmare is still too scary for them to emerge from.”

The story of the transgender bar dancer Khushi Sheikh as well as that of the school teacher and a once terror accused Wahid Sheikh are nothing short of horrifying. In both these cases, the perpetrators are those who are entrusted by law to protect the lives and liberties of the people – the police. Referring to Wahid’s case, the author confesses that “Even after two decades of reporting, his account gave me sleepless nights. I realised how in daily journalism we err in relying too much on what authorities say, in not questioning the prosecution agency.”

“Wahid stands acquitted after a decade in jail yet there is no compensation for the time he has lost, for the wounds that he bore from prison. Wahid has given real names of his tormentors, not just to me, but to courts and judges. All of them are decorated police officers—A. N. Roy, K. P. Raghuvanshi, Vijay Salaskar. You can’t dismiss his words because he (Wahid was not convicted) and the others who have been convicted can show you a Mumbai High Court judgement which upholds how they were beaten in jail, their rights violated and then denied medical treatment.”

Though the author regrets not having been able to include the stories of politician M.K. Kanimozhi, IPS officer R. K. Sharma and actress Monica Bedi, one feels that she could have tried including some of the most important stories of those who are either still lodged in jail or have spent years in the prisons of central Indian states like Chhattisgarh, Odisha and Jharkhand. Stories of people like Soni Sori, Linga Kodopi and Jiten Marandi would have enriched the book. Nevertheless, it is a well-researched book and should be read widely and translated into Indian languages.

 

Jailed for Over a Year, Chhattisgarh Journalist Santosh Yadav Granted Bail

BY THE WIRE STAFF

 

Bastar-based Santosh Yadav had been jailed in September 2015 by the Chhattisgarh police who accused him of having links with Naxals and of involvement in operations against the security forces.

 

Chhattisgarh journalist Santosh Yadav was granted bail by the Supreme Court, the Committee to Protect Journalists (CPJ) announced in a tweet. Yadav was arrested in September 2015 by the state police under the Chhattisgarh Special Public Security Act for “associating with a terrorist organisation” and “supporting and aiding terrorist groups”.

Yadav, a Bastar-based freelance journalist, was arrested on September 29, 2015, after Chhattisgarh Police Special Task Force Commander Mahant Singh had said he saw him standing behind a Maoist fighter during an ambush in Darbha in August of that year. The district police echoed Singh’s claims, accusing Yadav of being a Maoist sympathiser; the superintendent also announced that Yadav was suspected of having links with Shankar, a Maoist leader in the area. However, Singh later “expressed inability to identify the accused with certainty”, according to an identification parade memo dated January 1, 2016.

Santosh Yadav. Credit: Amnesty International

Described as a fearless writer by fellow journalists, Yadav has contributed stories to various Hindi dailies including Dainik Navbharat, Patrika and Dainik Chhattisgarh, reporting on human rights violations in Bastar. Yadav often introduced the family members of those arrested by state police forces to the Jagdalpur Legal Aid Group, a lawyers’ collective that offered free legal services to victims of police excesses. Journalists and activists across the country protested following Yadav’s arrest.

Yadav had served as a point of contact and verification for other reporters writing Bastar, which has been described as a media blackhole, with journalists subjected to routine threats, intimidation, and harassment by both Maoists and the police.

In the chargesheet filed by the Chhattisgarh Police on February 17, 2016, Yadav was charged under various sections of the Arms Act 1959 and the Explosive Substances Act 1908. He was also charged under sections of the Unlawful Activities (Prevention) Act 1967 (UAPA) and the Chhattisgarh Special Public Security Act 2005 (CSPSA), both of which are anti-terrorism legislations.

Sudha Bharadwaj, general secretary of the People’s Union for Civil Liberties, told Scroll.in that the UAPA and the CSPSA are “widely held as draconian as the ‘unlawful activity’ laid down in these Acts are vague and so broad as to be highly amenable to gross abuse and arbitrary and unreasonable action by the state police and administration”.

Yadav’s case points to the broader issue of dwindling press freedom in India, coupled with increasing rates of violence against journalists. In its report published in December 2016, the CPJ had said Yadav was the only Indian journalist to be imprisoned because of his work. According to the 2016 World Press Freedom Index released by Reporters Without Borders (RSF), India ranks abysmally low at 133 among 180 countries, The Hindu reported.“Prime Minister Narendra Modi seems indifferent to these threats and problems, and there is no mechanism for protecting journalists,” the RSF report asserted.

 

Prosecute  Sanjay  Dutt  under  TADA 

https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada  ,

Revoke Bail of Salman Khan

https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,

 

Aeroplane Rides for Corrupt Police Corrupt Judges

https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges  ,

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

Covert op on Dawood compromised by some Mumbai cops: RK Singh

 

Noting that Dawood and Lashkar-e-Taiba chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar.

 

India had planned a covert operation to take down underworld don Dawood Ibrahim, but the operation was compromised by some Mumbai Police officials. These are the explosive revelations made by former Home Secretary and now BJP leader RK Singh in an interview to Seedhi Baat on Aaj Tak.

RK Singh revealed details of how corrupt elements of the Mumbai Police foiled a secret operation to take down Dawood. The operation was launched when Atal Bihari Vajpayee was the prime minister and current NSA Ajit Doval was at the IB. Indian government had roped in some elements from the Chota Rajan gang and they were being trained at a secret location outside Maharashtra. But Mumbai Police officials who were in touch with D-company landed up at the training camp with arrest warrants for the covert operatives who had been engaged by India. The entire operation to take down Dawood failed due to these rogue elements in Mumbai police. This is the first time that there is confirmation of a botched covert operation to take down Dawood by someone who has held a position of authority.

Noting that Dawood and Lashkar-e-Taiba (LeT) chief Hafiz Saeed were protected by Pakistani forces, Singh said a secret operation must be carried out in the manner the United States did to kill terrorists Osama bin Laden and Mullah Omar. He added that Pakistan will never admit that Dawood is in Pakistan. Similarly, it will shamelessly deny the presence of other terrorists despite funding and training these terror groups on its soil. "India must repeat the Myanmar operation in Pakistan," he maintained. He added if one operation fails, the government shouldn't be disheartened but launch another operation right away.

Singh said Modi's advisors are not giving him the right advice on this issue. "Nothing will be achieved by handing over dossiers to Pakistan. It is globally recognised as a snake pit. We can't depend on the US to fight India's battles. India has to fight its own enemies," Singh added.

Singh also said the neighbouring country needs to be wise and avert a possible war by not shielding a terrorist. "Pakistan has to calculate the cost of a war. I don't think Pakistan is such a big fool that it would engage in a war with India," he said. "If America sees any threat from Pakistan, it will act. Similarly, Israel can kill its enemies. We need to develop this mentality," he added. The retired bureaucrat revealed that specially-trained private security men comprising mostly ex-army men protect Dawood in Pakistan under the supervision of the ISI. Singh exuded confidence that Modi's visit to the UAE would yield desirable results. He did acknowledge though that Dawood still has significant influence in Dubai.

Coming down heavily on Pakistan, Singh said India must stop dialogue with its neighbor and instead deal with the situation in a strategic manner. "India must hit back in a way that hurts Pakistan the most," he said while suggesting that the dialogue process only helps Pakistan restore credibility which it has lost all over the world. "Pakistan believes in a constant war with India. We have the capability to hit back hard. Any dialogue with Pakistan is futile. For a discredited country like Pakistan, dialogue process is an opportunity to regain its credibility and strike parity with India," Singh said. He said the elected government in the neighbouring country had no control over its military force and the ISI.

Singh lauded the central government's firm stand on separatists in Kashmir. He said the Pakistani government was using separatists to claim in international platform that it has the support of a section of people in Jammu and Kashmir. The Indian government has done the right thing by not talking to separatists, he said.

Criminal justice system victimises poor and vulnerable: CJI

 

New Delhi: The criminal justice system largely victimises the poor and vulnerable sections of society and there is an urgent need for reform on multiple fronts, Chief Justice of India HL Dattu said today as he called for the scrapping of laws which criminalise begging and sex work.

 

"Not only does the criminal justice system largely victimise the poor and vulnerable sections of society, very often, laws themselves criminalise poverty and destitution," Dattu said on the occasion of Law Day function on the Supreme Court lawns.

"In India, laws criminalising beggary, sex work and certain occupations of the tribal community are often largely seen by the scholars and human rights activists as widening the net of criminality by punishing destitution.

"Along with legal aid, there must be an intense process to redo the acts that are criminalised towards decriminalisation of acts that has a disproportionate impact on the poor," he said at the function where Union Law Minister DV Sadananda Gowda, too, was present.

On the issue of protection of women against sexual violence, Dattu said, "We seem to be having a growing affinity for ensuring physical safety of women by curbing their freedom.

"As far as I am concerned, I would like to emphatically state in no uncertain terms that the security of women is not achieved by curbing their freedom and liberty and it is no security at all. We have to evolve some systematic reforms," he said.

The Law Minister, who spoke before the Chief Justice, dwelt upon Prime Minister Narendra Modi's ambitious 'Make in India' project, saying that the country is being converted into a major global player through the creation of a business- friendly environment.

Efforts should be undertaken to make India an international arbitration hub, he added.

He said, "The government is pushing the concept of 'Make in India' and converting the country into a major global player, for which we need to have a business-friendly environment.

 

 

In ‘safe’ custody

 

Meenakshi Ganguly, South Asia director, Human Rights Watch, throws light on custodial torture

In-custody torture, though illegal under law, is often resorted too, worldwide, making it one of worst forms of human rights violations. Meenakshi Ganguly, former Time journalist and now, South Asia director, Human Rights Watch, takes up a few questions here to address the subject. Excerpts:

Do you think India should also come out with an official report documenting in-custody torture as the U.S. Senate recently did on CIA's secret torture program?

Torture and other ill-treatment are absolutely forbidden under universally applicable international laws. Most that defend torture argue, as was done by the CIA, that harsh methods are necessary when there is great danger to public security. They speak of the ‘ticking bomb.’ In fact, any experienced interrogator would agree that using torture is not effective because it can produce inaccurate intelligence or generate false leads. The Senate Select Committee on Intelligence (SSCI) report on the CIA’s detention and interrogation program shows that not only was the CIA torture far more brutal and harsh than previously admitted, it was not an effective means of producing valuable or useful intelligence. Repeated claims that the program was necessary to protect Americans turned out to be false.

India has prepared a draft bill seeking to prohibit torture. But as long as there is a culture of impunity, where public officials are protected from prosecution, the law will fail.

Some argue that our judiciary already has enough checks and balances to protect prisoners from abuse. Do you agree with it?

Indian law does not allow confessions to the police as evidence because there is concern that such confessions might be coerced. Under POTA, confessions to the police were permitted, and eventually the law was repealed because it was abused.

Although most police will argue that “third degree” is generally discouraged, in our discussions with the police we also found that it is the most used instrument in their non-existent toolkit. Overworked, where good work is seldom rewarded, junior level staff is expected to produce prompt results — and they do so by rounding up suspects and beating them, hoping to solve the case. Inevitably, they end up with false leads, often make wrong arrests and are unable to secure convictions due to lack of evidence. Poor witness protection and harassment to witnesses also means that they do not want to get involved in a long drawn out trial.

The senior officer level police complain of undue pressure from politicians and powerful figures, who can act as patrons to criminals, demanding they be protected from arrest and prosecution. Instead of upholding the law, it is the police that end up breaking it. The Supreme Court has ruled that the government must engage in police reform. This is crucial to ensure that police in India becomes an effective and accountable force. The judiciary rightly acquits people for lack of evidence. But if police does not receive the training to gather proper evidence, it also means that criminals can get away, while innocents suffer wrongful Muslim, calling me a traitor arrests, torture, and lengthy under trial detention. It also leads to an even more frightening outcome — where the police do not have evidence to convict, they decide to be both judge and executioner, doling out punishment that can range from slaps to extrajudicial killings, or fake encounters.

What vital points does HRW’s in-custody torture report of 2011 throw up?

We found that there is urgent need to implement reforms to the criminal justice system. The police in India operates as it did under colonial rule. We found that fear of police is a barrier to seeking justice. Women and children, victims of sexual attacks, said they feared further abuse if they did venture into a police station. Dalits complain that if they muster the courage to complain, they often find that the victims are made to sit on the floor outside while the upper caste perpetrators are served tea by the officer. Muslims complain of being held in suspicion.

The constabulary and the police station is often the only State presence available to the public, and it is not a pleasant experience. Many policemen agreed that they are often rude and harsh, but they also point to their own frustration, having to deal with a range of issues from domestic violence to communal riots, often because the civil administration simply fails to do its part inimplementing policy. We found police stations with desktop computers, but no electricity or even a trained operator, forget access to data and information. At some places, the residential quarters were shocking. Policemen said they are accused of demanding money when they have to travel a distance in rural areas to investigate a complaint, but said there was a shortage of vehicles or funds to pay for fuel. On the other hand, we found that many State governments are yet to establish independent and effective human rights commissions or set up a complaints authority to investigate police abuse.

Don’t we have guidelines to prevent custodial torture?

The Supreme Court and the NHRC have laid down guidelines. Unfortunately, they are routinely ignored. That is why there is such a strong demand to seek the repeal of AFSPA to be replaced by one that has stronger human rights protections. The law provides widespread powers, but protects soldiers when those powers are abused.

In the investigation of terror attacks, police have made mistakes, often due to the use of torture. The Andhra Pradesh Minorities Rights Commission, for instance, found the wrongful use of torture and recommended compensations. In one case in Orissa, we had a man tell us that he was beaten by the police so severely, his leg was fractured. In agony, when the police continued to hit his injured leg, he blurted out the names of his office colleagues, who were then arrested and tortured. All of them were charged under the counter terror laws as members of the banned Maoist groups. Eventually, they were found to be innocent by the courts.

India is yet to sign the UN Convention Against Torture. Will it help?

Pakistan, Bangladesh and Sri Lanka had even permitted UN special rapporteurs on torture to visit their countries but reports of in-custody torture continue to pour in from such countries. Police often say that human rights impose restrictions when tough measures are needed for tough challenges. Unfortunately, any compromise is only going to lead to bad outcomes.When the State allows, even rewards, its security forces to violate the fundamental principles of the Constitution, it rarely turns out well. It leads to corruption at the very least. It can also turn policemen into killers for hire, or as a military court discovered recently, lead soldiers to kill innocents for profit.

In Sri Lanka, we have documented torture including sexual abuse of suspected LTTE supporters and sympathisers. In Bangladesh, the Rapid Action Battalion was created as a counter-terror force, but instead has repeatedly been accused of extrajudicial executions. People want to feel safe. However, we often find that denial of rights can cause security challenges, but the continued violation of human rights aggravates the situation, leading to a cycle of violence and placing innocents at risk.

 

 

 

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CJI Khehar Answer
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.22........03 / 06 / 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

 

Editorial :  Cross  Examination of Judges & Police

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

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

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

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

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

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

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

  Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

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

- Mahatma Gandhi

 

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

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

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

 

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

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

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

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

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

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

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

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

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

 Atrocities on  Women  by  JUDGES

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

   A – Z   of   Manipulation  of  Indian  Legal  System

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

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

 Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND

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

Rajiv Gandhi Assassination Cover-up

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

SHAME  SHAME  MPs  &  MLAs

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

JUDGEs  or  Brokers  of  Justice

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

 RTI  &  Land  Golmaal

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

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

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

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

Please give following  information  :

Main  A :

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

 

Main  B :

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

2. what action taken casewise ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

 

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

 

PUBLIC INFORMATION OFFICER   WHO FAILED  TO GIVE INFORMATION :

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

 

FEES PAID : IPO  16G  733465  for rupees TWENTY only

 

 

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

 

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

 

 

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

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

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

 

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

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

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

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

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

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

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

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

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

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

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

 The public servants & the government must be role models in law  abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the 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 itself commits crime - violations of RTI Act , constitutional  rights & human rights of public  and obstructs the public from  performing their constitutional fundamental duties , what happens ? it  gives a booster dose to the rich & mighty , those in power , criminals  in public service to committ more crimes. that is exactly what is  happenning in india. the educated public must raise to the occassion &  peacefully , democratically  must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF  MAHATMA GANDHI'S DREAM.

 

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

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

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

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

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

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

 Atrocities on  Women  by  JUDGES

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

   A – Z   of   Manipulation  of  Indian  Legal  System

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

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

Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND

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

Rajiv Gandhi Assassination Cover-up

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

SHAME  SHAME  MPs  &  MLAs

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

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

Main  A :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Main  B :

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

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

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

Main  C :

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

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

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

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

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

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

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

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

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

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

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

 Main  D :

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

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

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

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

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

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

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

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

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

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

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

HONOR OF INDIAN PALIAMENT FOR SALE

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

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

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

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

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

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

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

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

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

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

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

 

Main   E  :

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

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

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

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

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

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE FULL INFORMATION:

CPIO , SUPREME  COURT OF INDIA , NEW DELHI.

 FEES PAID : IPO  16G  733465  for rupees  TWENTY  only

 

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

 

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

 

 

Jail  CJI  Khehar

https://sites.google.com/site/sosevoiceforjustice/jail-cji-khehar ,

https://www.scribd.com/document/348916850/Jail-CJI-Khehar  ,

 

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Jail CJI Khehar
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.21........27 / 05 / 2017

Probe  CJI  for  Kalikho Pul's suicide, his widow petitions Vice-President Ansari

TNN | Updated: Mar 1, 2017, 06.48 AM IST

 

Giving a new twist to former Arunachal chief minister Kalikho Pul's `suicide' note case, his widow Dangwimsai Pul met Vice-President Hamid Ansari on Tuesday, seeking registration of an FIR and investigation into allegations of corruption against Chief Justice of India Justice J S Khehar and sitting Supreme Court judge Dipak Misra.

In her memorandum, Dangwimsai said since the matter involved the CJI and another sitting SC judge, the allegations should be "seriously investigated by a credible investigation team", a Special Investigation Team (SIT), and not a government-controlled body. She argued that composition of the SIT should be left to 3-5 judges, next in seniority to CJI Khehar and Justice Misra. The 60-page 'suicide note' of Pul, who committed suicide on August 9 last year in his official residence in Itanagar, allegedly contained details of several allegations of corruption against politicians and judges, as also against President Pranab Mukherjee.

According to the purported diary, captioned "Mere Vichar", of the former Arunachal CM, Pul blamed his suicide on corruption among Congress leaders of Arunachal and the judiciary which unseated him. Saying that her husband was under depression after his removal as CM and that 'Mere Vichar' was actually his suicide note, Dangwimsai told the vice-president: "Given the gravity of the allegations contained in the note and the fact that many of them are from his personal knowledge and that a suicide note is treated like a dying declaration, this matter needs to be seriously investigated by a credible investigation team. However, since it also involves the CJI and another sitting judge of the Supreme Court, to protect the independence of the judiciary , it should not be investigated by an investigative body controlled by the government."

 

Dangwimsai was accompanied by activist-lawyer Prashant Bhushan, his Swaraj Abhiyan colleague Yogendra Yadav, bureaucrat-turned-activist Harsh Mander and RTI campaigner Anjali Bhardwaj. Her move to meet the vice-President followed her decision to withdraw from the SC her petition seeking a CBI probe into the death.

 

Talking about the independence of the judiciary, Dangwimsai's memorandum said, "It was to protect the independence of the judiciary that the SC in Veeraswami's case said that any allegations against the sitting judges of the higher judiciary can only be investigated by an investigating authority after obtaining the prior permission of the Chief Justice of India." It further said, "The judgment says that in case there are allegations against the Chief Justice, the President will consult other judges. This, in terms of the spirit of the judgment, would mean the judgejudges next in seniority ."

 

The letter said, "Since in this case, the allegations are also against the sitting CJI and sitting President, I am therefore addressing this request to you (Vice-President) to exercise the authority which normally the President would have exercised in terms of the Veeraswami's judgment."

 

Editorial :  Jail  CJI   Khehar

-          Few  Judges  deserve  Contempt   NOT  Respect

Legally prosecute  and send CJI  Khehar  to  Jail.  Covering up  crimes is also a crime. He  and his predecessors are covering up crimes.    

 

Justice  Karnan was  convicted for “Contempt of Court” , in a super fast manner. Why NOT   Supreme Court Judges  who have committed anti national crimes , sex crimes , etc are not  punished in such a  super fast manner  since years ?  Why Supreme Court Judges are NOT punished for “Contempt of Court  , contempt of constitution of India ,  Contempt of  Citizens “  since years ? Are these people Judges or Dictators ?

CJI  Khehar Murders Justice & Truth

https://sites.google.com/site/sosevoiceforjustice/cji-khehar-murders-justice-truth

  Few  judges  even after committing crimes are escaping from legal prosecution. They are not allowing  RTI replies , enquiry , investigation  into their crimes , illegal actions. Therefore they cann’t be legally prosecuted and convicted in a court of law. As a result by farce  they are innocent ,  technically innocent till proven guilty.

  We have highest respect for all constitutional offices including courts of law , office of judge. However  we  have  utter CONTEMPT towards  few corrupt individuals occupying those honourable offices.  Respect towards a Judge   comes involuntarily  in a citizen , when he sees that judge performing his constitutional duties honestly , bringing glory to the office. A corrupt  judge  himself is the first contemnor of his own  office  , who shows disrespect to his office by working against law. By fear of contempt law , fear of imprisonment   a  corrupt judge will not get respect , he will get a mechanical salutation from citizens  but inside citizen’s  heart there will be utter contempt towards the corrupt judge.

  Judges don’t behave like dictators , you are accountable to people as you are surviving on people’s money.  Remember  You are inferior to our motherland india and our constitution.

DECLARATION

 

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

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

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

Nationality : INDIAN

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

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

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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 3^rd 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 3^rd 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 :  20.05.2017…………………………..Your’s sincerely,

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

 

 

Full text of Justice Karnan’s letter to President, PM Modi seeking pardon

 

Embattled Calcutta High Court judge Justice C S Karnan has petitioned President Pranab Mukherjee and Prime Minister Narendra Modi seeking pardon from the six-month sentence pronounced upon him by the Supreme Court for contempt of court.

In a letter written to the President, the PM and other functionaries of the republic, the judge challenged the Supreme Court’s sentence and claimed to have been singled out for punishment because he raised “the little voice from within against corruption in the higher judiciary.”

Further, he added, “The President of India appointed me as a judge and the President alone could have removed me and that too upon an impeachment motion which has received the 2/3rd majority of the members of Parliament. ”

Here is the full text of the letter written by Justice C S Karnan of the Calcutta High Court to the President, Prime Minister and others.

Justice C S Karnan

Judge, High Court of Judicature at Calcutta

To

1. His Excellency Shri Pranab Kumar Mukherjee, President of India, New Delhi 110 004

2. His Excellency Shri H M Ansari, Vice-President of India, New Delhi 110 011

3. Hon’ble Shri Narendra Modi, Prime Minister of India, New Delhi 110 011

4. Hon’ble Mrs Sumitra Mahajan, Speaker of Lok Sabha, New Delhi 110 001

5. All the Hon’ble Members of Parliament

6. Leaders of all political parties

May it please your excellencies

Sub: My Impeachment and imprisonment without authority of law and allegations of corruption against incumbent Hon'ble Chief Justice of India - Urgent intervention of the president/Members of Parliament -- plea for pardon/plea for remission or pardon of punishment and/or suspension or stay of sentence.

1. I address this letter with a heavy heart, with unbearable pain of suffering and injustice meted out to me by none other than a bench headed by the Hon'ble Chief Justice of India, the judiciary itself to which I belong.

2. I am convicted for contempt of court by the Hon'ble Supreme Court of India for no offence committed by me. I am convicted and sentenced for 6 months for commission of an offence of Contempt of Court, that too by usurping the jurisdiction invested in the parliament, so too in a trial even without a charge sheet being framed while I did not commit any contempt of court at all. What is the offence? Did I commit a contempt of Court? In all humility I beg to submit, I did not. All that I did was to raise the 'little voice from within', against corruption in the higher judiciary, so too many a malpractices, I am afraid to say, even tyranny. My accusation is against individual judges, my brothers, who abused their office and indulged in corruption. Today if a judge is willing to pledge his conscience and sell justice, he is free to do it. He could do so fearlessly. The whistleblower, the one who acts upon the 'still voicefrom within' will be sent to jail for contempt of court. The President of India appointed me as a judge and the President alone could have removed me and that too upon an impeachment motion which has received the 2/3rd majority of the members of Parliament. But I am not only impeached, but even being sent to the jail without any such impeachment motion against me, by a mere judicial order of a 7 judges bench!!! The judgment against me is not mere abuse of the contempt of court law, but violation of the constitution and the usurpation of the jurisdiction of parliament.

 

 

Who is in contempt of justice, Karnan or the court?

by Manasa Venkataraman

Justice C.S. Karnan's conduct has certainly been indecorous and worthy of attracting the charge of contempt. On the other hand, if the Supreme Court order amounts to removing him as a judge, it is a violation of the Constitution.

 

The Supreme Court (SC) found Justice Karnan guilty of contempt of court on May 9, 2017, and sentenced him to the highest punishment for contempt under the law — 6-months imprisonment effective immediately. He was also stripped of his judicial duties with a finality — he had already been divested of his judicial and administrative duties in February this year till the contempt charges against him were heard.

There is no denying that Justice Karnan’s conduct has been unbecoming of a judge. The statements made by him, even the “order” passed by him against his seniors in the system, are anything but lawful. His conduct has certainly been deplorable — especially considering that as a High Court (HC) judge, Justice Karnan was expected to exercise immense wisdom, if not the law.

While the Court was right in holding that Karnan was guilty of contempt, its order does not reflect the clarity and consistency expected out of the highest court in the land.

How the order is inconsistent with the Constitution

The Supreme Court’s order is unclear and not truly consistent with the Constitution. A judge of the HC or the SC can only be removed by a majority vote in the Parliament, as per Article 124(4). This is where the May 9 order becomes slightly tricky — while it orders that Karnan be removed from all his judicial duties, it does not clarify whether he is removed as a judge. Surely, taking away Karnan’s powers and functions and admonishing him to prison amounts to removing him as judge for all practical purposes — which is a decision the Parliament, and not the judiciary, must take.

This is important because not only is the order now constitutionally ambiguous and confusing, but it is dangerous that the highest court in the land forewent the factoring-in of constitutional law into its decision. What the Supreme Court says has binding legal value for posterity. By hurriedly sentencing Karnan to imprisonment, the Court may have effectively removed him as judge, a power it does not have under the law.

What could the court have done differently? Could it have employed in-house correction mechanisms until Karnan retires next month, and ordered that his imprisonment begin after retirement? Could it have directed the judicial administration to refer the matter to the legislature? Could it have pre-empted the whole debacle by having taken cognisance of Karnan’s conduct much before it escalated to these heights?

Maybe.

Indiscriminate exercise of suo motu power

Under the Constitution, the SC and the HCs are given the power to take cognisance of matters even if a case of dispute is not filed before them (i.e., “suo motu powers”). This power is granted on the trust that it will be used reasonably, sparingly and with discretion. The suo motu power does not, of course, allow the courts to surpass the rule of law (for instance, a court cannot pass an order without giving the accused a chance to defend herself merely because it exercises suo motu power).

 

Sliced any way, the fact of the matter is that the judiciary has its institutional failings — the Karnan saga may just be a textbook case in showing us how gaping these flaws are

Equally, the suo motu power cannot be inconsistent with constitutional law.

So, it is disconcerting to note in this case that the SC overstepped its suo motu power in ordering that Justice Karnan be imprisoned while his term as a sitting judge of the Calcutta High Court still continues. To be precise, the SC removed him from performing any judicial duties back in February 2017, much before he was even found guilty of contempt. No reasoning for stripping Karnan of his duties is provided in these orders. It is unclear under which legal authority the court decided to divest an HC judge of his functions, especially considering that the Constitution, the foremost law governing these functions, was not referred to even once.

Separately, considering that Justice Karnan was a part of the higher judiciary, and given the fact that a saga of this kind is unprecedented, the SC should in fact have consciously set a cautious precedent — it could have recommended that in-house correction mechanisms be initiated, or that Karnan be asked to retire/resign with dignity. While Justice Karnan may have been errant in his conduct, the SC’s treatment of the matter is equally grave, as it may set a dangerous precedent.

Contempt > Constitution?

Perhaps the core legal question in the Karnan saga is: which law must be given precedence when there is a discrepancy between the Constitution and the Contempt of Courts Act? Although the answer should have been the Constitution, the Contempt of Courts Act seems to have won in this case.

 

An order that is made without taking into consideration constitutional provisions, which is the chief law in matters of the SC and HCs, is incomplete. That the “supremacy of the Constitution” is a facet of our basic structure is incontestable. However, in this case, the Contempt of Courts Act was given precedence without acknowledging that the order clashing with the Constitution may cause confusion.

At any point over the course of the last few years, the judicial administration could have intervened in the matter and mitigated the damage, or used in-house correction mechanisms. Inquiry could even have begun under the Judges (Inquiry) Act to remove Justice Karnan — if no other measures proved effective. Instead, what we have before us is a confusing order that does not clarify whether removing Karnan from his judicial duties amounts to a judicially-ordered “impeachment” or not.

Unwarranted Media Gag

The last paragraph in the SC order is perhaps most telling. It says “…Since the incident of contempt includes public statements and publication of orders made by the contemnor, which were highlighted by the electronic and print media, we are of the view, that no further statements made by him should be published hereafter. Ordered accordingly…”

The SC cannot impede the media from publishing such statements because the media was not the one on trial for contempt of court. Under the Constitution, the freedom of speech and expression can be curtailed only on reasonable grounds. The rationale given by the court was on anything but. Gagging the media, which was not on trial in the first place, is like shooting the messenger.

The lapse of judgment by the, well, judiciary is upsetting. Sliced any way, the fact of the matter is that the judiciary has its institutional failings — the Karnan saga may just be a textbook case in showing us how gaping these flaws are. While the anxious question on everyone’s lips is how many other Karnans have slipped through the cracks, the hope is always that the judiciary understand the great responsibility it has in setting healthy examples, and healthier functioning mechanisms.

 

SC  Wrong in sending  Justice Karnan to Jail & Gagging Media

By Rajeev  Dhavan

Earlier, I thought that the Supreme Court exceeded its jurisdiction in its dealing with Justice Karnan. Now, I argue that Karnan should not be sent to jail for six months and the SC should not have gagged the press from reporting anything Karnan said.

Karnan, a Dalit judge, was duly appointed a judge of the Madras High Court on March 31, 2009. He was the senior most of 13 judges appointed on that date. He came from the Bar and performed before the recommending judges. His appointment raised no eyebrows. The then Chief Justice, KG Balakrishnan, has declared amnesia over the appointment.

Test of sanity

In recent years, Karnan indulged in "conduct unbecoming", was transferred to the Calcutta High Court in 2016 where his odd behaviour continued. No one thought of impeachment proceedings, which is only the prescribed way to remove HC and SC judges. Instead, seven senior judges of the SC decided stripped him of all work, summoned him and then punished him. What an embarrassment! What an expensive farce!

The SC thought he was insane and ordered him to be medically examined. Which self-consciously “sane” person would admit to such a procedure? Karnan refused. Karnan had not pleaded insanity. The SC in fact pleaded insanity on his behalf. Had the SC already come to the conclusion that Karnan was insane?

The Court should have declared him mentally unstable to do work and reaffirmed its earlier order depriving him of work. Of course, this is assuming the Supreme Court had the power to virtually “remove” him from office which it didn’t) or punish him (which also in my view it didn’t).

 Photo: Indiatoday.in

The drama was too intense for the SC. Karnan had to be made an example of.  Now all HC or retired SC judges remain in fear lest a Chief Justice and senior colleagues of the Supreme Court found their conduct reprehensible. Though Karnan had behaved abominably, the SC violated many procedures to make an example of him.

What does this do for the independence of high court judges? Or for judicial federalism? District judges are better treated. Karnan will retire from the judiciary from June 12 and be incarcerated till November 12. Karnan has disappeared pleading for lesser punishment.

The SC added: “Since the incident of contempt includes public statements and publication of orders made by the contemnor, which were highlighted by the electronic and print media, we are of the view, that no further statements made by him should be published hereafter. Ordered accordingly.” This is against the SC’s own law.

Dangerous precedent

The Supreme Court faced a great dilemma in Gopalan’s case (1950) whether a person deprived of life and liberty by law under Article 21 conceivably forfeited his right to movement, free speech, property, right to business. The answer was convenient but not fulfiling. In the Prabhakar case (1965), Subba Rao J for five judges refused to accept a detainee lost his right to send a manuscript of his book “Anucha Antargat” (Inside the Atom) to a publisher.

In Prabha Dutt (1982) the Court ruled that a journalist had a controlled right to interview a convicted prisoner in jail. This was affirmed in the Sheela Barse (1987) and Charulata Joshi (1999) cases. In the famed Auto Shankar case (1994), Justice Jeevan Reddy made it clear that Auto Shankar convicted of six murders and on death row had every right to send his memoirs to a printer without fear of civil defamation from the police officers he criticised.

The decisions are clear: journalists can, within limits, interview pre-trial prisoners, detainees and convicts. Prisoners in jail could write works and have every right to publish them even if about their incarceration. Did not Nehru write his Glimpses of World History for Indira in prison? Recently on May 12, 2017, it was reported that Abdul Wahid Shaikh, later acquitted of the Bombay Blasts, has written of his prison experience.

Gag order

There is another aspect to this. There used to be an American doctrine based on an 1879 case that a criminal “not only forfeited his liberty but all his personal rights except those which the law in its humanity accords to him. He is for the time being a slave of the state.” In Sunil Batra’s case (1978) Krishna Iyer blasted this doctrine to smithereens to prevent a death penalty prisoner being kept solitary confinement.

He went further to say humanity demanded that a “convict was a guest in custody... until the terrestrial farewell whisks him away”. In legal terms, prison may deprive a person of movement, but not his humanity or personal rights including free speech.

Apply this to Karnan’s case. Can he write his memoirs and send them to a publisher? Can he communicate with his family and ask them to inform the press of his terrible incarceration? Can a blanket order prevent the press from seeing him in jail? The Karnan order defies everything the Supreme Court has stood for in its prison and free speech jurisprudence. Was it protecting itself from Karnan’s future, even if sober or even repentant, comments?

Explanatory reasons are to follow. The punishment is too harsh. The censorship of the press unprecedented.

 

Judges  Smother  Truth   about ex Arunachal CM’s Suicide : Justice Karnan to President

 

The Supreme Court of India refused to recall the arrest order against sitting Calcutta High Court Judge Justice Karnan, who has been found guilty of contempt of court by a seven-judge bench headed by the Chief Justice of India.

Justice Karnan, on May 12, had sought a review of his conviction and six-month jail sentence.

"We won’t allow you to stop court proceedings like this, you have been doing it repeatedly," CJI JS Khehar told Justice Karnan’s legal aide Mathews Nedumpara on Monday.

Justice Karnan became the first Indian judge to be convicted, after incidentally also being the first judge to be summoned by a court. On May 9, Justice Karnan was sentenced to six months’ imprisonment after he failed to appear before court in a contempt case against him.

“We are punishing him for contempt of Indian judiciary as well as judicial process and his act was of greatest nature of contempt,” the seven-judge bench headed by Chief Justice JS Khehar had said.

SC gives 6 month jail term to Justice Karnan for contempt, orders media gag on his statements

The West Bengal DGP was tasked with carrying out the arrest of Justice Karnan “immediately” but Justice Karnan had evaded arrest until Monday morning and has remained at large. Searches were carried out at his Kolkata residence and in parts of Chennai and Tamil Nadu-Andhra border by several senior police officials from different states. There were rumours doing the rounds that he had left the country or he would appear before the SC himself.

Meanwhile, Justice Karnan on Monday wrote a letter addressed to President Pranab Mukherjee, that was also addressed to Vice President Hamid Ansari, Prime Minister Narendra Modi, Lok Sabha Speaker Sumitra Mahajan, MPs and to leader of all political parties. 

‘Committed no offence’

In his three-point letter, Justice Karnan alleges that his impeachment and imprisonment is “without authority of law” and goes on to level allegations of corruption against the Chief Justice of India JS Khehar. While arguing that he committed no offence, the HC judge goes on to observe that the Supreme Court ‘usurped’ the jurisdiction invested in the parliament” and his trial was held without charges being framed.

Justice Karnan alleges that the order by the seven-judge bench of the apex court was a “violation of the Constitution” in addition to “the usurpation of the jurisdiction of parliament”.

As per Article 217 of the Indian Constitution, a judge can be removed by an order of the President passed after both Houses of Parliament vote for their removal on grounds of proven "misbehaviour" and "incapacity". And this vote must be by a two-thirds majority, where at least 66% of the member who are present and voting must vote for their removal.

“The President of India appointed me as a judge and the President alone could have removed me and that too upon an impeachment motion which has received the ⅔rd majority of the members of Parliament. But I am not only impeached, but even being sent to the jail without any such impeachment motion against me, by a mere judicial order of a 7 judges bench,” he writes.

Reiterating that he committed no offence, Justice Karnan says that all he did was to raise the “little voice from within” against corruption in the higher judiciary. In January, he had written a letter to PM Modi accused various judges and officers of the Madras High Court of corruption in. He also added that if central agencies probe the matter, his charges could be proved too..

Justice Karnan goes on to level more charges, alleging that in the suicide note left behind by former Arunachal Pradesh CM Kalikho Pul, he accused CJI Khehar and SC judge Justice Dipak Misra of “venturing to sell justice for a huge sum running into crores” through their relatives.  However, he claimed that no FIR has been registered and despite efforts to file a writ petition in the Delhi High Court, no case has been listed.

He concludes his letter writing, “I part with the unstinted faith that the two issues…my impeachment and imprisonment without authority of law and allegations of corruption against incumbent Hon'ble Chief Justice of India will be looked into, which I believe is the solemn duty of your excellencies.”

 

As Justice Karnan Fights His Legal Battle, His Safety, Well-being Must Be Ensured

By PIL Watch Group

Ever since the Supreme Court of India passed the order on 9^th May, 2017 of arrest of Justice C.S. Karnan, a judge of the Calcutta High Court, he has been rendered untraceable. Since the Supreme Court order had put press censorship of sorts,rumours are afloat about Justice Karnan’s whereabouts. A disinformation campaign has been launched in the mainstream media to the effect that Justice Karnan is in Tamilnadu one moment and Andhra Pradesh the next; that he has fled the country and gone to Nepal or even Bangladesh. He is being painted as a fugitive on the run. Naturally there are fears in the minds of all democratically minded human rights activists about the wellbeing of Justice C.S. Karnan who has every right to defend himself legally even at this stage.

Pertinently since he had been championing the cause of action against corruption in the higher judiciary and had been openly petitioning to various authorities on the issue he would naturally become a marked man. The vested interest would naturally like to exploit the circumstances in which Justice Karnan finds himself. All efforts should be made to ensure his safety. After all Justice Karnan ostensibly has the evidence of corruption against the higher judiciary. Additionally the extreme public humiliation faced by Justice Karnan may create a situation whereby he may be forced to end his life.

The extreme public humiliation arose partly because a team of doctors accompanied by policemen – as ordered by the Supreme Court of India – landed at Justice Karnan’s residence in Kolkata in the full glare of the bourgeois press including the photo-journalists/TV channels. The very next day the mainstream press dutifully published the photograph of Justice Karnan surrounded by the aforementioned team. This is not the way mental health examination of any human being ought to be conducted. The seven judges of the Supreme Court effectively blew to smithereens the concept of privacy – ironically evolved by the very same Supreme Court of India. It must be remembered that Justice Karnan is still a constitutional entity and still a judge of the Calcutta High Court; his status is similar to that of the seven judges whose order brought him to such a pass. If an MBBS student were to tell his or her examiner on how a medical examination of someone with an alleged mental health problem is to be undertaken and if the student were to concur with the actual implementation of the Supreme Court’s order as detailed above the examiner would fail the medical student and ask him/her to appear in a supplementary exam.

All this must have caused lots of pain, suffering and mental trauma to Justice Karnan. This by itself could drive him to end his life now or later. There is a limit to the humiliation which a human being can endure. In the event that Justice Karnan takes his own life, the Supreme Court will have a hard time shrugging off the public perception that its order aided and abetted theact.

In criminal law the needle of suspicion in any murder points to those likely to benefit most from a murder. If Justice Karnan dies even accidentally it should be investigated as a homicide. It is imperative that Justice Karnan’s house and office are secured by an independent body to ensure that nothing is stolen or tampered with. After all there may be electronic or hard copies of evidence against the alleged corrupt judges lying around.

In the event that Justice Karnan is located hail and hearty he should be treated with utmost respect and privacy rather than being paraded around on the streets. A constitutional authority who still remains a High Court judge has a right to life and dignity even if he is perceived by the establishment to have crossed the laxman rekha.

We appeal to the President of India to ensure Justice Karnan’s wellbeing and safety; also that justice is done to him.

 

The Curious Case Of Justice C.S.Karnan: Contempt Notice versus Convoluted Condensate of Corruption in Higher Judiciary

By  B K Subbarao

“To err is human. Courts including the apex one are no exception. To own up the mistake when judicial satisfaction is reached does not militate against its status or authority. Perhaps it would enhance both.”, so goes the pronouncement of Supreme Court of India in Antulay’s matter where a seven judges bench of Supreme Court reviewed and recalled its own five judges bench decision and gave relief to Antulay, former Chief Minister of Maharashtra.

The present question of law is on the legality and propriety of a seven judges bench of Supreme Court issuing suo motu contempt notice and also bailable arrest warrant against Justice C.S.Karnan, a sitting judge of Calcutta High Court.

On one side, the shocking shackles of contempt notice and bailable arrest warrant, and, on the other side the convoluted condensate of corruption in higher judiciary boldly brought to surface by Justice Karnan before he was transferred from Madras High Court to Calcutta High Court, makes the case of Justice Karnan not only a curious case but also a test of the efficacy of the protection afforded by Indian Constitution to judges of High Courts and Supreme Court.

It is very easy to jump to the conclusion that it is at best the taming of a ‘temperamental’ high court judge. But it is not so easy to wish away the corruption in the judiciary including the higher judiciary. Fortunately, there were and there are honest, hardworking and sincere judges at all levels. But their number is dwindling. That is what causes and what should cause alarm.

From the web site of Supreme Court of India one can see three orders dated February 8, February 13 and March 10, 2017, to know, up till now, the pending case of Justice Karnan.

Under the order dated February 8, 2017, Suo Motu Contempt Petition (Civil) No. 1 of 2017 was initiated and show cause notice was issued to Justice C.S. Karnan by a seven judges bench of Supreme Court headed by Chief Justice of India Jagdish Singh Khehar, with other judges on the bench, Justices Dipak Misra, J. Chelameswar, Ranjan Gogoi, Madan B. Lokur, Pinaki Chandra Ghose and Kurian Joseph. Suo Motu means on the own motion of the judges. The order dated Mar 10, 2017 issued bailable warrant of arrest for being brought before Supreme Court on 31.03.2017.

With the order dated Feb 8, till the case is decided, Justice Karnan has been relieved of his duties and asked to return judicial and administration files to the court registrar.

It needs to be mentioned that the Contempt Petition against Justice Karnan is civil and not criminal. Contempt may be criminal or civil. Criminal contempt is conduct (whether words or actions) that obstructs or tends to obstruct the administration of justice. Civil contempt is deliberate disobedience of an order of the court or breach of an undertaking given to the court. Either is punishable by committal or fine.

The order dated Feb 8, 2017 issuing show cause notice to Justice Karnan returnable on 13.02.2017 does not record reasons for issuing the notice except directing the Registry, “the letters taken note of while issuing notice, are furnished to Shri Justice C.S.Karnan.” Therefore, people are compelled to infer that some letters written by Justice Karnan became the basis to issue the show cause notice for civil contempt.

It is difficult to understand how the letters written by a High Court Judge could form the basis for suo motu civil contempt proceedings. Since there are no explicit reasons recorded in the order dated Feb 8, for issuing show cause notice, the public is left to depend on the media to know the reasons. According to some of the media reports, Justice Karnan has written letters to the Chief Justice of India, Prime Minister, Law Minister and Judges of other High Courts discussing the corruption connected to several sitting and retired judges and these letters formed the basis for suo motu contempt notice from the Supreme Court.

Justice Karnan is not the first person and the only person to talk of the corruption in the higher judiciary in India. Several years back, Shanti Bhushan, a very senior lawyer of the Supreme Court, and former Union law Minister, had filed an affidavit in the Supreme Court stating that half of the previous 16 Chief Justices of India were definitely corrupt (he named them in a sealed envelope which he gave to the Court), and he was uncertain about 2 more. The public is aware that since then more Chief Justices of India who retired had serious allegations of corruption against them.

In April 2016, noted lawyer and activist Prashant Bhushan in a talk show was reported to have stated, “Judiciary is an important institution… But the judicial system has collapsed. A big movement is needed to improve it,” , “There is no institution free of government and judiciary (control) where a complaint against the judiciary can be lodged. Due to this, corruption is thriving,”

Over the years, considerable public discussion has been taking place in the country underlining the need for transparency in the functioning of the judiciary and in particular transparency in the matter of appointment and removal of judges.

In his defence, Justice Karnan is reported to have taken the position that he is targeted for seeking investigation into the corruption in higher judiciary. Truth cannot fail to be a defence in contempt of court proceedings. This is a pure question of law.

Another contention of Justice Karnan is that he is targeted and discriminated for being a Dalit. This requires examination of facts.

As regards the discrimination for being Dalit, some critics aired that Justice Karnan is hoisting Dalit card as some kind of red herring while there is no discrimination at all. To say there is no discrimination against Dalits and Lower Classes amounts to being as much honest as in claiming there is no corruption in the higher judiciary.

The legal defences, as known to the public through the media, that are being taken by Justice Karnan, even though they are not correctly and coherently articulated, cannot be arbitrarily brushed aside and they require consideration by an appropriate bench of Supreme Court. According to Justice Karnan, Supreme Court has “no locus standi” to issue a bailable warrant against a sitting judge. His contention is that no contempt action, either civil or criminal, can be initiated against a sitting High Court Judge under Sections 2(c), 12 and 14 of the Contempt of Courts Act or can he be deprived of protection under Article 20 of the Constitution. According to him, “Only a motion of impeachment can be initiated against a sitting judge of the higher judiciary before the Parliament after due enquiry under the Judges’ Enquiry Act”. Referring to the directive that he should be brought before Supreme Court (SC), under a bailable arrest warrant, Justice Karnan contends and says , “The SC shares equal power and rights with all the HCs of the country . It is not my master and I am not its servant. I will not appear before the SC.” He further added, “if the law keepers of the country have taken an unprecedented route to malign me, I’ve the power to take an unprecedented route to fight back”. It is perhaps the way a person reacts when he is pushed to the wall.

It appears, as part of the unprecedented route to fight back, Justice Karnan issued an “order” directing the CBI to register and probe cases under Article 226 and CrPc Section 482 against a host of judges from different courts for corruption, rape and embezzlement. “I had written to the PM to initiate investigations against at least 22 corrupt judges. That was on January 23 this year. Most of them are from upper castes and that is why no investigation has started. It is because I was bold to bring charges against them that I am being cornered now. I am a Dalit and that is why I am being targeted,” he said. He also appealed to the President to revoke the warrant against him. “Only the President can restore my prestige now and I appeal to his good offices,” Justice Karnan said.

The Achilles Heel of the seven judges bench of Supreme Court headed by Chief Justice Khehar gets revealed from its recorded contention in the order dated March 10, 2017, “In view of the above, there is no other alternative but to seek the presence of Shri Justice C.S.Karnan by issuing bailable warrants.”

The alternative available was ignored by the Supreme Court as could be seen from the recording in the very same order dated Mar 10, “It would be pertinent to mention, that the Registry of this Court received a fax message, from Shri Justice C.S.Karnan, dated 08.03.2017, seeking a meeting with the Chief Justice and the Hon’ble Judges of this Court, so as to discuss certain administrative issues expressed therein, which primarily seem to reflect the allegations levelled by him against certain named Judges. The above fax message, dated 08.03.2017, cannot be considered as a response of Shri Justice C.S.Karnan, either to the contempt petition, or to the notice served upon him.”

Thus the seven judges bench was not willing to extend the respect that a sitting Judge of High Court deserves for being heard keeping his dignity and honour as a High Court Judge and to explore alternative ways to resolve the razing conflict that could further damage the good name of the higher judiciary. The respect should be at least to the post of High Court Judge, if not to the person of Karnan. Attorney General for India Mukul Rohatgi could have assisted the seven judge bench in this connection. But as is evident from the order dated Mar 10, 2017, the seven judges bench is bent upon seeing the High Court Judge as contemnor, “The above fax message, dated 08.03.2017, cannot be considered as a response of Shri Justice C.S.Karnan, either to the contempt petition, or to the notice served upon him.”

Dealing with the curious case of Justice Karnan, eminent lawyer Ram Jethmalani in his inimitable style informed the media that he has written a letter dated 11.03.2017 from the departure lounge of God’s airport giving advice to Justice Karnan, “As a senior member of the Bar and living in the departure lounge of God’s airport I am advising you to withdraw every word that you have uttered and humbly pray for pardon for every stupid action you have so far indulged in.”. Having been “convinced”, Jethmalani tells Justice Karnan, “Your behavior is that of a lunatic …”

The substance of Jethmalani’s letter in his own words, “In this corruption-dominated country, our judiciary is the only protection. Do not destroy it or weaken it,”

With due respects to Jethmalani it must be said that no one is trying to destroy the judiciary. The fact is judiciary is destroying itself. Jethmalani is looking at it from a wrong end.

While deciding to issue suo motu contempt notice to a sitting judge of High Court, and the subsequent bailable arrest warrant, the seven judges bench of Supreme Court, it appears, did not anticipate that the challenge to the institutional integrity and authority of the higher judiciary could originate not only from executive action, legislative provision, but also from judicial decision.

The legality and propriety of the decision to issue suo motu civil contempt notice to a sitting judge of the High Court and the bailable warrant of arrest cannot be decided by the very same seven judges bench who decided the suo motu contempt notice and bailable arrest warrant. It has to go to a larger bench for consideration.

The profitable way to analyse the curious case of Justice Karnan is not to focus on the “idiosyncrasies”, if any, of Justice Karnan but to find ways to examine into the allegations of corruption levelled by him. One obvious question that arises from this case is, even if the self-destructive adventurism of a High Court Judge fails to penetrate the convoluted condensate of corruption in the higher judiciary, whether the contempt notice and bailable warrant against Justice Karnan should ultimately result in pushing the issue of corruption under the carpet. Whether it is the right occasion to undertake thorough investigation into the corruption in the higher judiciary, in order to preserve and promote the health of Indian democracy and the rule of law in the country mandated by Indian Constitution?

 

 

The Method And The Manner of Punishing Justice Karnan Raises Questions of Law of Great Public Importance

 

By B K Subbarao

 

Commanding respect and not demanding is the central virtue of Courts administering justice. Supreme Court of India, being the Apex Court of the land has a constitutional responsibility to set an example in cultivating such a virtue.

The method and the manner in which a sitting judge of Calcutta High Court Sri Justice C.S.Karnan has been convicted for contempt of Supreme Court and sentencedon May 9, 2017, to imprisonment for six months by a Seven Judges Bench of Supreme Court which includes Chief Justice of India JS Khehar and Hon’ble Sri. Justices Dipak Misra, J Chelameshwar, Ranjan Gogoi, Madan B Lokur, Pinaki Chandra Ghose, and Kurian Joseph, raises questions of great public importance. Examination of these questions is necessary to preserve and promote the trust, faith, and confidence of the common people in the judiciary.

No matter what happens in the case further to the sentencing on May 9, 2017, the record of the case at Supreme Court as it exists up to and including May 9, 2017, requires examination to see if there is sufficient valid material before Supreme Court to justify issue of contempt of court notice and sentencing to imprisonment, and whether the orders passed by the seven judges bench are well reasoned and whether those orders are just and fair.

Constructive criticism of judgements and orders of courts is permissible without attributing motives to the judges. This established position in law is the foundation for venturing to analyse the orders and decisions of Supreme Court of India leading to the punishment of a sitting judge of Calcutta High Court for the alleged contempt of Court.

Suo Motu Contempt Notice Not Well Founded

The seven judges bench of Supreme Court took suo motu (own motion) action. More particularly, the unprecedented case commenced with the SUO MOTU CONTEMPT PETITION (Civil) No.1 OF 2017  IN RE : HON’BLE MR JUSTICE C.S. KARNAN, and it has been launched and pursued by the seven judges bench.

For the purpose of present analysis, the orders of the seven judges bench dated February 8, 2017; February 13, 2017; March 10, 2017; March 31, 2017; 1st May,2017; and, May 09, 2017, have been downloaded from the web site of Supreme Court in Suo Motu Contempt Petition (Civil) No. 1 of 2017.

The unprecedented order dated February 8, 2017 issuing contempt of court (civil) notice to the sitting judge of high court, does not record clearly as to what act or omission of the high court judge constituted the contempt of court and how the suo motu action by the Supreme Court is warranted. There is a vague reference to the letters written by the high court judge to some quarters. More particularly, the seven judges bench in their order dated February 8, 2017, recorded,

“1. Issue notice to Shri Justice C.S.Karnan, returnable on 13.02.2017.

2.                  The Registry is directed to ensure, that a copy of this order, and the letters taken note of while issuing notice, are furnished to Shri Justice C.S.Karnan, during the course of the day, through the Registrar General of the Calcutta High Court.”

The only reason for issuing show cause notice for contempt of court (civil) that can be gathered from the above reproduced para 2 of the order dated February 8, 2017, is from the words, “the letters taken note of while issuing notice,”.

What those letters are, and in what way the contents of those letters would constitute offence elements to conclude contempt of court have not been mentioned in the order dated February 8, 2017, which in the next paragraph took away the powers of the judge to do judicial and administrative work as judge of high court,

“3. Shri Justice C.S.Karnan, shall forthwith refrain from handling any judicial or administrative work, as may have been assigned to him, in furtherance of the office held by him. He is also directed to return, all judicial and administrative files in his possession, to the Registrar General of the High Court immediately.

4.                  Shri Justice C.S.Karnan shall remain present in Court in person, on the next date of hearing, to show cause.”

Therefore, one is compelled to infer that some “letters” written by Justice Karnan became the basis to issue the show cause notice for civil contempt and also to divest the judge of his judicial and administrative work as judge of high court and the judge became contemnor and was required to appear before the seven judges bench of Supreme Court to reply to the show cause.

It is difficult to understand how the “letters” written by a High Court Judge could form the basis for suo motu civil contempt proceedings launched by the Supreme Court. Since there are no explicit reasons recorded in the order dated Feb 8, 2017, for issuing show cause notice, the public is left to depend on the media to know the reasons. According to some of the media reports, Justice Karnan has written letters to the Chief Justice of India, Prime Minister, Law Minister and Judges of other High Courts discussing the corruption connected to several sitting and retired judges and these letters formed the basis for suo motu contempt notice from the Supreme Court.

Justice Karnan is not the first person and the only person to talk of the corruption in the higher judiciary in India. Several years back, Shanti Bhushan, a very senior lawyer of the Supreme Court, and former Union law Minister, had filed an affidavit in the Supreme Court stating that half of the previous 16 Chief Justices of India were definitely corrupt (he named them in a sealed envelope which he gave to the Court), and he was uncertain about 2 more. The public is aware that since then more Chief Justices of India who retired had serious allegations of corruption against them.

Thus the order dated February 8, 2017 of the seven judges bench of Supreme Court compels every rational mind to reflect on the following points:

§  In the “letters taken note of while issuing notice,”,whether there are any names of judges who are sitting in the seven judges bench which issued to Sri. Justice Karnan show cause notice for contempt? If there are any such names or even one name, whether it is proper for the bench to issue show cause notice for contempt and whether it amounts to misusing the powers of Supreme Court?

§  If none of the presiding judges has been named in the “letters taken note of while issuing notice”, is it not necessary in the interest of justice for the seven judges bench to cause some form of investigation into the corruption in higher judiciary alluded to in the said letters and to request the judge of high court who wrote those letters to cooperate with the investigation, instead of targeting the judge of high court as contemnor?

§  Whether the contempt of court notice thus issued to a sitting judge of high court would give the impression to the people that the Supreme Court, for reasons not known, is pushing under the carpet the issue of corruption in the higher judiciary?

From the above furnished brief discussion, it is possible to say that the order dated February 8, 2017 of the seven judges bench issuing to a sitting judge of high court the unprecedented show cause notice for contempt of court, and also divesting the high court judge of his judicial and administrative powers is not a reasoned order. The cryptic words in the order dated February 8, 2017, “letters taken note of while issuing notice,”would show that the suo motu contempt of court notice issued to Sri. Justice Karnan is not well founded.

Opportunity To Avoid Crisis Missed

When one reads the orders of the seven judges bench carefully, one will come to know that there was in this unprecedented case an opportunity to find a solution respectable to both Sri. Justice Karnan of Calcutta High Court and the seven judges bench of Supreme Court.

The order dated March 10, 2017 of the seven judges bench shows that there was indeed an opportunity to find a solution respectable to both sides. But it was missed on account of the unwillingness of the seven judges bench to extend to Justice Karnan the respect that a high court judge deserves for explaining his position to the judges of Supreme Court without he being considered as a contemnor before them. This opportunity should have been utilized by the seven judges bench as their order dated February 8, 2017 issuing contempt notice does not record reasons, except the cryptic words “letters taken note of while issuing notice”, as explained above.

More particularly, in their order dated March 10, 2017, the seven judges bench of Supreme Court recorded that,

“2. It would be pertinent to mention, that the Registry of this Court received a fax message, from Shri Justice C.S.Karnan, dated 08.03.2017, seeking a meeting with the Chief Justice and the Hon’ble Judges of this Court, so as to discuss certain administrative issues expressed therein, which primarily seem to reflect the allegations levelled by him against certain named Judges. The above fax message, dated 08.03.2017, cannot be considered as a response of Shri Justice C.S.Karnan, either to the contempt petition, or to the notice served upon him.

3.                  In view of the above, there is no other alternative but to seek the presence of Shri Justice C.S.Karnan by issuing bailable warrants. Ordered accordingly. “

Thus it is clear from the above mentioned order dated March 10, 2017 of the seven judges bench, Justice Karnan did make a sincere attempt to find a way through personal discussion to resolve the issue of contempt notice against him as well as the interim orders keeping him away from judicial and administrative work. Since it was a suo motu contempt notice, there was at that time (March 10, 2017), a definite possibility to resolve the issues, by keeping intact the dignity and majesty of Supreme Court as well as the dignity of the judge of high court. But, for reasons not known, the seven judges bench of Supreme Court were bent upon seeing Justice Karnan as a contemnor. Therefore, they proceeded to order bailable warrants against the high court judge.

The Achilles Heel of the seven judges bench of Supreme Courtgets revealed from its recorded contention in the order dated March 10, 2017, “In view of the above, there is no other alternative but to seek the presence of Shri Justice C.S.Karnan by issuing bailable warrants.”The alternative was available, but it was ignored by the Supreme Court as could be seen from the recording in the very same order dated Mar 10, 2017.

Blemish On The History of Judiciary

If upon proper investigation, it is found that the allegations of corruption in higher judiciary levelled by Sri. Justice Karnan in his letters are ill founded and are not supported by evidence, then it is necessary and justified to allow clutches of law to reach him, but not otherwise.

The order dated May 9, 2017 of the seven judges bench of Supreme Court sentencing Sri. Justice Karnan to imprisonment for six months does not record reasons, except saying “Detailed order to follow.”. More specifically the order dated May 9, 2017 records:

“2. On merits, we are of the considered view, that Sri Justice C.S. Karnan, has committed contempt of the judiciary. His actions constitute contempt of this Court, and of the judiciary of the gravest nature. Having found him guilty of committing contempt, we convict him accordingly. We are satisfied to punish him by sentencing him to imprisonment for six months. As a consequence, the contemnor shall not perform any administrative or judicial functions.

3.                  Detailed order to follow.

4.      The sentence of six months imposed by this Court on Sri Justice C.S. Karnan, shall be executed forthwith, by the Director General of Police, West Bengal, or through a team constituted by him.”

People of India would expect that the Apex Court of their land would do everything to avoid the impression that the Apex Court is trying to push the alleged corruption in higher judiciary under the carpet, more so especially when the Apex Court is embarking upon punishing a sitting judge of High Court who wrote letters to some concerned quarters seeking investigation into the corruption in higher judiciary. The above reproduced order dated May 9, 2017, clearly shows that the seven judges bench of Supreme Court acted in a hurry to punish the high court judge without recording detailed reasons.

Though the order dated May 9, 2017 does not record the details of the proceedings of the Supreme Court on that day, the media, print and electronic, reported some of the things that took place in the open court on that day.

Senior advocate Sri. K.K.Venugopalcautioned the Seven Judges Bench of Supreme Court of India with his submission, jailing a sitting judge of High Court would be a blemish on the history of judiciary. The Bench is reported to have responded in the open court, by saying that the Court could not make such distinctions when punishing for contempt of court, and “it would be a blemish if they did not take action.”

With profound respects to the seven judges bench of Supreme Court it is necessary to say that the reported words of the bench, “it would be a blemish if they did not take action”, may act like a boomerang on the Supreme Court of India to hurl around and deposit a long lasting blemish on the Supreme Court. The possibility of such a boomerang would be clear if one were to examine the order dated February 8, 2017 of the bench directing suo motu contempt notice to the high court judge with their cryptic words, “letters taken note of while issuing notice,” but not taking any action with regard to the contents of those letters covering corruption in higher judiciary.

The reported words, “a blemish if they did not take action” would be more attracted to the no action taken by the seven judges bench of Supreme Court in the matter of corruption in the higher judiciary complained of by Sri. Justice Karnan as a sitting judge of High Court with his letters to some concerned quarters.

It is necessary to bear in mind that the merits of the unprecedented case in the SUO MOTU CONTEMPT PETITION (Civil) No.1 OF 2017IN RE : HON’BLE MR JUSTICE C.S. KARNANwhich was caused and entertained by the seven judges bench of Supreme Court to issue contempt notice on February 8, 2017 against a sitting Judge of Calcutta High Court should be based on the material before the Supreme Court at that point of time (February 8, 2017).

For the order passed on February 8, 2017, the seven judges bench cannot take support in, and find justification from, the ‘queer orders’ subsequently “passed” suo motu by the sitting judge of Calcutta High Court and the statements by him carried in the print and electronic media.

The media covered the reactions of  the High Court Judgeto the perceived arbitrary, unfair and unjust orders of the seven judges bench including the order dated February 8, 2017 directing show cause notice for contempt with stripping off the judicial and administrative powers, and the order dated March 10, 2013 of “bailable warrants” against the high court judge and also the perceived insulting order dated 1^st May 2017 subjecting the high court judge to undergo “medical examination” with regard to his mental state.

To rely on the acts and omissions of Justice Karnan subsequent to the perceived arbitrary and unjust order dated February 8, 2017 and to decide the merits of the contempt notice issued on February 8, 2017 on the basis of those subsequent acts and omissions of Justice Karnan, would amount to putting the cart before the horse. It is impermissible to treat the effect as the cause.

The issue of corruption in the higher judiciary complained of by the sitting judge of high Justice Karnan transcends the personality of the high court judge and his “idiosyncrasies” if any.

In this connection, one may refer to the analysis and discussion in the article, “The Curious Case Of Justice C.S.Karnan: Contempt Notice versus Convoluted Condensate of Corruption in Higher Judiciary”, March 28, 2017,

(http://www.countercurrents.org/2017/03/28/the-curious-case-of-justice-c-s-karnan-contempt-notice-versus-convoluted-condensate-of-corruption-in-higher-judiciary/)

The trust, faith, and confidence of the common people in the judiciary is bound to be affected when they see that that even the letters written by a sitting judge of High Court, risking his career, complaining about the corruption in the higher judiciary could not result in any form of investigation, and instead the high court judge is punished for contempt of court.

The fact isinstead of treating the high court judge as a whistle blower, he has been punished for contempt of court and it is bound to create a scare in the mind of any other person even to think of complaining about the corruption in higher judiciary. There is no hair splitting here. It is plain truth.

When the seven judges bench sits down to write a detailed reasoned order (which is reserved as per para 3 of order dated May 9, 2017) the bench may not fail to notice traces of arbitrariness in their very first order dated February 8, 2013 with suo motu contempt (civil) petition No.1 of 2017.

According to the renowned Cyril Vernon Connolly, an English literary critic and writer, “The test of a country’s justice is not the blunders which are sometimes made but the zeal with which they are put right.

In Antulay’s case, a seven judges bench of Supreme Court reviewed and recalled the decision of  five judges bench of Supreme Court and held, inter alia, “To err is human. Courts including the apex one are no exception. To own up the mistake when judicial satisfaction is reached does not militate against its status or authority. Perhaps it would enhance both.”,

Media Banned.

Whatever may be the compulsions of the seven judges bench of Supreme Court, some of the decisions of the bench to contain the perceived waywardness of the high court judge amounted to throwing out the baby with bathtub.

One such decision is banning the media, print and electronic, from reporting the happenings in the ongoing unprecedented case of sentencing to imprisonment a sitting judge of high court. Such a ban on media can no way help in enhancing the dignity and majesty of Supreme Court. The ban on media thus ordered can be challenged with appropriate petition before Supreme Court, on several grounds which need not be spelt out here.

Seven judges bench placed restrictions on the media as could be seen from the last paragraph of their order May 9, 2017, which is reproduced below:

“5. Since the incident of contempt includes public statements and publication of orders made by the contemnor, which were highlighted by the electronic and print media, we are of the view, that no further statements made by him should be published hereafter. Ordered accordingly.”

Several holes in the reasoning of the seven judges bench of Supreme Court in Justice Karnan’s case can be seen from the above reproduced paragraph in the order dated May 9, 2017 of the bench.

Every person, including a high court judge, who feels that his dignity has been ruined by the perceived arbitrary orders and decisions from any quarter he is entitled to spell out the injustice done to him and also to take steps as he thinks fit to counter the arbitrariness meted out to him. Whether he is justified to do so requires examination of facts. Gag orders placed on the media to prevent reporting of events as they happen will only be further evidence of arbitrariness.

There are traces of arbitrariness in the unprecedented order dated February 8, 2017 in that there are no reasons except the cryptic words, “letters taken note of while issuing notice,”, which letters admittedly seek investigation into the corruption in higher judiciary, but the seven judges bench avoided to order any form of investigation and at the same time caused suo motu contempt petition and passed the order on February 8, 2017.

With that order dated February 8, 2017 flowed two consequences for Sri. Justice Karnan, one is the show cause notice for contempt and the other is he is stripped off his judicial and administrative functions as judge of high court. It shows there is some justification for Justice Karnan to feel that his dignity has been wounded with orders of seven judges bench which are perceived by Justice Karnan to be arbitrary, unjust and unfair. The media is in no way committing any error by reporting the articulations and actions of a wounded high court judge who has some reason to feel that he is victim of arbitrary, unjust and unfair order/orders from the seven judges bench of Supreme Court.

Moreover, the order dated February 8, 2017 of the seven judges bench of Supreme Court suffers from lack of transparency. It is pertinent to mention, one of the judges in the present seven judges bench in Justice Karnan’s case, namely Sri. Justice Jasti Chelameswar in the past wrote an unprecedented letter to the then Chief Justice of India T S Thakur that he (Justice Chelameswar) won’t attend collegium meetings and was concerned over its lack of transparency. Incidentally, Sri. Justice Chelameswar was also the lone judge who last year had ruled in favour of doing away with the collegium system. The remaining judges had, through a majority judgment, struck down as unconstitutional an amendment to validate the National Judicial Appointments Commission (NJAC) Act.

Questions of law of Great Public Importance

From the facts and circumstances discussed above in Justice Karnan’s case, the following pertinent questions arise and they need examination in the interest of justice and in public interest:

(i)    Whether it is proper, fair, and just on the part of the Seven Judges Bench of Supreme Court of India to pass order dated February 8, 2017 and issue unprecedented suo motu contempt of court notice to a sitting Judge of High Court and strip the High Court Judge of his judicial and administrative powers without giving reasons in the order except the cryptic words, “letters taken note of while issuing notice,”, which letters written by the High Court Judge admittedly seek investigation into, inter alia, the corruption in higher judiciary, but the seven judges bench avoided to order any form of investigation into the alleged corruption in higher judiciary?

Whether the suo motu contempt notice ordered on February 8, 2017 is without foundation and whether it fails to meet the eye of the law?

(ii)   Having issued suo motu show cause notice to a sitting Judge of High Court and also having stripped off the judicial and administrative powers of the High Court Judge in a non-transparent way resorting to cryptic words , “letters taken note of while issuing notice,”, whether it is proper for the Seven Judges Bench of Supreme Court to decline on March 10, 2017 to afford an opportunity to the sitting Judge of High Court  to explain his stand with regard to the “letters  “  and with regard to the contents of those letters and to advance his reasons and present his requests to the Supreme Court Judges keeping his dignity as a High Court Judge and without he being required to appear as a contemnor before the Seven Judges Bench?

Whether the Seven Judges Bench acted in a hurry by issuing bailable warrants on March 10, 2017 against the High Court Judge and whether there is unusual keenness on the part of the Seven Judges Bench to see Sri. Justice Karnan as contemnor before the Judges of the Bench?

(iii)   Whether it is just and fair to order on 1^st  May 2017 medical examination of the mental state of the sitting Judge of High Court while it is known to everyone that the acts and omissions of the High Court Judge and his statements to the media are merely his reactions firstly to the perceived arbitrary orders of suo motu contempt notice along with taking away his judicial and administrative powers as a High Court Judge and secondly to the perceived unjust bailable warrants against him and thirdly on account of the way in which the Seven Judges Bench declined his “repeated requests”  during his personal appearance on March 31, 2017 before the Seven Judges “that he should be permitted to discharge judicial and administrativeduties.”?

(iv)   Whether Supreme Court of India exceeded its jurisdiction and ignored and neglected the constitutional guarantees to Indian citizens, by directing the media, print and electronic, not to report the articulations and actions of a High Court Judge who has some reason to feel that he is victim of arbitrary, unjust and unfair order/orders from the Seven Judges Bench of Supreme Court?

(v)     Whether the complaints of corruption in higher judiciary can be allowed to remain uninvestigated for fear of damaging the image of judiciary, while the higher judiciary has been exercising judicial authority to cause investigation into the complaints of corruption against serving or retired persons in higher Executive, Investigating Agencies and even Armed Forces?

Closing the case of Justice Karnan who is set to retire on June 11, 2017, with or without unconditional apology from him or in any other manner, will not render the above questions redundant.

Unconditional apology from Justice Karnan could at best be for the acts and omissions of Justice Karnan after the seven judges bench of Supreme Court passed the perceived arbitrary orders of suo motu contempt notice along with taking away his judicial and administrative powers as a High Court Judge and after the perceived unjust bailable warrants against him and after the seven judges bench declined to grant his “repeated requests”  during his personal appearance on March 31, 2017 before the seven judges “that he should be permitted to discharge judicial and administrativeduties.”

Notwithstanding the way the case of Justice Karnan is brought to an end, the trust, faith, and confidence of common people in judiciary will remain wounded if the complaints of corruption in higher judiciary is to remain uninvestigated for fear of damaging the image of judiciary.

 

 

Full Text of Kalikho Pul’s 60-page Secret Note

BY THE WIRE STAFF ON 08/02/2017

 

A translation of the 60-page Hindi note written by the former chief minister of Arunachal Pradesh, Kalikho Pul on August 8, 2016, one day before he committed suicide.

 

Mere Vichaar / My Views

1. Birth – I was born [in 1969] into a poor, backward family. All my life I have faced adversity and endured wrenching sorrow; on many an occasion I have triumphed over my tribulations, too. My destiny had harsh misfortunes written in it from birth itself. For most people, the love and care of parents is a given as is the learning and wisdom imbibed from them. But the death of my mother, when I was 13-months-old, deprived me of her sheltering love. When I was six, my father, too, passed away. I have no one I can call my own. I have always been deprived of the love of parents and family.

2. I came into this world alone and I will leave this world alone. I believe that every individual comes out of his mother’s womb without anything, and departs the same way. If every individual could truly understand that, there would never be any strife in the name of religion, caste, distinctions of high and low, rich and poor, nor any battles over wealth, land, property, power and prestige.

3. When a human is born, he does not bring with him a name, caste, religion, community, language, region, wealth, property. But today’s human is increasingly losing sight of this reality. He is ever prepared to kill or be killed for these things. In the process he forgets the eternal truth that he is merely a soul. I have always looked at life as a mirror reflecting truth.

4. I know well that there is nothing in this world that is mine – apart from one’s body, that is. The clothes one wears, the possessions in one’s house, money, wealth, cars, land, power and position – the things over which we fight to establish our right – do not belong to me in any way.

That which is mine today, was someone else’s yesterday
And shall become another’s day after
Change is the only rule of the world.
But change should be according to rule and in the right manner.

5. I learnt to face the challenges of life from childhood itself, be it for bread or for my rights. As a child I walked miles to collect firewood from the forest for one meal. Trapped in poverty and helplessness I have laboured as a carpenter for a daily wage of Rs 1.50, earning Rs 45 per month. I have kept those tools of carpentry with me to this day.

6. Education – During childhood I was unable to attend day school regularly. Along with my carpentry work I managed to study at the adult education centre, Walla. Seeing my hard work and dedication, the school administration put me through a test and admitted me directly into class VI. When I was attending day school, between Class VI and VIII, I took up casual employment, studying during the day and working as a chowkidar at night. The job required me to raise the national flag at 5 am and lower it at 5 pm. For this I earned a monthly income of Rs 212.

7. Being a contractor – My very first job as a contractor involved the construction of one OBT [Editor’s note: ‘ordinary basha type’ construction of bamboo and wood] house for Rs 400, after which I built many roads, government housing and bridges. By the time I reached Class XI-XII, I owned a Gypsy and four trucks which I ploughed into my work.

7.1 By the time I reached college, my business had expanded considerably – I had my own conveyance, servants and also a small RCC [reinforced cement concrete] house with three rooms. Despite the fact that I have worked in one or other ministerial position for 23 years, I have not added a single room to that house. [Apart from this] I have a small house in Khupa, built in the 1990s with a personal loan from the State Bank of India, Tinsukia, and a house in Hayuliang, constructed with a personal loan from the State Bank of India, Tezu.

7.2 Before becoming an MLA, I owned a saw-cum-veneer mill as well, which brought me an annual income of Rs 46 lakh. I had become a crorepati in my student life itself but I was never arrogant on that account. God is my witness that I have never considered wealth, bungalows, cars, servants, power and position as an entitlement. I have always believed that my duty lies in the protection of humanity and service of the poor. I continue to think so to this day.

7.3. I say with pride that I am a self-made man. But I have never displayed any conceit about it. I have always used my wealth to help the poor, the helpless, orphaned and needy. At present, I sponsor the education of 96 students, taking care of their needs on an annual basis as well.

7.4 When I joined politics on December 26,1994, the very next day I surrendered my two trading licenses at the DC [district collector] office. Now that I had entered politics, I wanted to keep it separate from business. I never wanted to enter politics; I was compelled by people to take the plunge. People usually join politics to further their interests, but if someone were to embrace it with integrity, there is no better field of activity for service and constructive work. What can be better than a scenario where a politician’s reference, phone call or proposal in the assembly could help society and fulfill people’s needs?

7.5. In 2007, when there was an opportunity for me to become chief minister, I had declined.

7.6 In 2011 once again I was offered a chance to stake my claim to the chief ministerial post, and again I declined because I knew that my fellow legislators and ministers would not let me work as per rules and regulations and in accordance with the constitution.

7.7. When, for the third time [in February 2016], an opportunity for me to become chief minister presented itself, I accepted it, spurred by my desires and dreams. My effort was to take my backward state and its poor people forward – provide good roads and transport, a regular supply of clean, potable water, a good standard of education, efficient and free public health services, continuous 24-hour power supply, a peaceful and safe atmosphere for people of every caste and community, a better standard of living and income, prosperity and development for all, and well-being in every household. Keeping these concerns in mind and to bring these objectives to fruition, I have worked hard, body and soul, to take my state to greater heights and ensure benefits for its people. Perhaps my fellow ministers and legislators did not find this agreeable; they must be going by a different definition of what it means to be a minister or legislator. This was the reason why in the first place I had sought to maintain a distance from politics.

7.8. In a political career of 23 years spanning various ministerial positions, I have tried to make every possible contribution towards the state’s progress – in my constituency and across the state. But these accomplishments were not noticed by many. In over two decades I have worked with many chief ministers. My experiences told me that they did not work to clear-cut plans and were not able to prioritise properly. They always took their decisions based on their political calculations, turning a blind eye to the interests of the people. Legislators and ministers were invariably busy protecting each other’s interests.

7.9 My definition of being a leader is not limited to ensuring benefits solely for one’s family, kinsmen and friends. Ministers, legislators and senior officials are where they are not to help each other; they are chosen to work for the overall development of the state and service of the poor. But in all my years of politics I have seen politicians do just the opposite.

7.10. In my tenure of four-and-a-half months as chief minister I sacrificed my comfort and time with my family to work round the clock for the welfare of the people. I have upheld rajdharma in the true sense. Moreover, I created more than 11,000 posts in the departments of health, education and law enforcement, to be filled in the most transparent and impartial manner. I had submitted Plan and non-Plan funds in a rightful, planned manner. I had it conveyed to ministers that they were to refrain from taking money to arrange transfers, postings, promotions and appointments within the state. Perhaps that irked them. I had also given instructions that whether it was Plan funds, non-Plan funds, contract work, tenders or bill payments, no commissions should be allowed. Perhaps that also irked them.

8. A state with a population of 14-15 lakh elects 60 MLAs. From them, 12 are chosen to be ministers. The way I think, along with possessing a good education, good leadership and liberal thinking, those 60 MLAs should also be good human beings for whom serving the poor is their religion, humanity their creed, and the welfare of the people their duty. Our politicians need to rise above considerations of family, community, caste and religion. But there seems to be a complete paucity of such political leaders today, for every politician is busy lining his pockets, thinking more about himself, his family and relatives than about public good. To see this has caused me immense anguish. This is the sole reason for the state’s backwardness. Ministers and legislators are hand in glove with each other to forward their self-interest. The chief minister is busy pandering to important politicians, officials and businessmen. In such a situation, what will happen to the state of Arunachal, its society and people?

8.1. No attention is paid to streamline systems, be it roads, water and power supply, law and order, education, health and cleanliness because of which the ordinary man looks at politicians with suspicion. Here every MLA wants to become a minister, that too in the works department where they can have a fat source of income. Everyone wants to have more and more money in hand. Politicians and MLAs have virtually made it into a profession. This is the reason why governments keep changing in Arunachal Pradesh, the consequences of which are borne by the ordinary man; the state also suffers. When a government changes, many plans and programmes also get changed, and this obstructs the path and pace of progress. This should never happen. I am saddened by all this. I want to make the people aware and conscious so that they are able to understand and debate these issues, alter their modes of thinking, style of functioning, demeanour and policies – so that we can bring to fruition our desire for a golden future for our state and country.

8.2. Today, the people must ask ministers and legislators to how they managed to amass such wealth, land and property, houses and cars in such a short time. The people should be able to spot corruption and ask whether becoming a legislator or minister certifies politicians to make money or provides them access to a note-printing machine? I believe the people are supreme and they should know the truth.

9. Dorjee Khandu [Editor: chief minister of Arunachal Pradesh from 2007 till his death in a helicopter crash in April 2011] was an ordinary soldier of the Khandu Sena. Even after becoming a legislator he had hardly anything. But when he became minister for relief then he used official funds to line his own pockets.

9.1. When he became power minister, he made money by auctioning off rivers and water courses under hyrdro project schemes throughout Arunachal.

9.2. After this, he engineered the dismissal of Gegong Apang [Editor: in 2007] and himself became chief minister.

9.3. He owned palatial houses and bungalows in Tawang, Itanagar, Guwahati, Delhi, Kolkata and Bengaluru as well as many farm houses, hotels and commercial estates. Today, people say that Dorjee Khandu amassed over Rs 1700 crore of wealth and property. But he is no more, so of what use was this wealth? One cannot buy life with it nor can one take this wealth to the next world. What I mean is that it is sufficient for everyone to earn as much through hard work as is destined and adequate for one’s needs.

9.4. On social media (Facebook and WhatsApp) it is being said that Pema Khandu [Editor: Son of Dorjee Khandu and, since, July 2016, the chief minister of Arunachal Pradesh] has Rs 1700 crore in cash, and it is being asked from where he has got it.

9.5. It is for the people to think about what he possessed before becoming a minister and what he owns today. After all, he did not own a money minting machine or factory, nor did he have access to Kuber’s treasure. Then where did so much money come from?

9.6. This money belongs to the people, and it is on the strength of this money that those who strut around as ministers intimidate them, making the public run after them. It is imperative that the people demand answers and a thorough investigation of this matter.

9.7. The entire expense – the amount was around Rs 90 crore – for the Supreme Court case was borne by Nabam Tuki and Pema Khandu. The judgment of the court went against me.

9.8. In the aforesaid case, I too was approached on phone with an offer of getting an order in my favour for a sum of Rs 86 crore. But my conscience would not allow it. I did not indulge in corruption, I did not earn money [through ill-gotten means], nor did I have a desire to drag the state into a deep mess, so why would I misuse the money rightfully belonging to the government and the people to retain my power? The consequences are there for all of you to see.

9.9. Not just today but for years, huge amounts of money have been going to Tawang in the name of development. But those funds have been misused by politicians to line their pockets.

1.      From 2005, a lot of money has gone into the Relief Fund. The public can get information about it through RTI queries. A survey of the project will show that nothing has been done.

2.      Sizeable funds have come for promoting tourism.

3.      Considerable funds have come for urban development.

4.      Substantial funds have come for the power sector, too. In 2010-2011, in the name of the Kitpi Hydro project a sum of Rs 27 crore was raised through LOC [line of credit] without any sanctions or without any work on ground and without raising any invoices. That sum was embezzled.

5.      Similarly, in the name of the Khantang and Mukto hydro project, a sum of more than Rs 70 crore was raised by means of false invoices and embezzled.

6.      At the root of the PDS scam are Nabam Tuki and Dorjee Khandu. They are the ones who started it.

– During Gegong Apang’s chief ministerial tenure, the PDS system met all its obligations at an annual cost of Rs 61 lakh. Gegong Apang wanted to improve the system but everyone ganged up to trap him.

– When the government was formed, Nabam Tuki became the food and civil supply minister. He was the one who started the practice of head load [Editor: distribution of PDS food grain through head load carriage] in the state.

-Within just a year the work of the PDS was increased to Rs 68 crore, and in the following year to Rs 164 crore. This made the Central government suspicious of the state government and it instructed the FCI [Food Corporation of India] to conduct an inquiry and audit. When it came to light that the state government was at fault, the Central government stopped the funds earmarked for payment…

– The PDS was a GoI scheme and the funds earmarked for it are channeled through the FCI. The payments were not made from the state government’s funds.

– When Dorjee Khandu became chief minister [Editor: in 2007], he advised the PDS contractors to file a case against his own government, and also helped them.

– With regard to this case in the fast track court, sessions court, high court and Supreme Court, the state government often deliberately set out to be defeated. Under Dorjee Khandu’s leadership, the state government knowingly did not submit authentic records/documents and information. Many files and records were erased. For a 50% share, Dorjee himself helped the private parties to get a court decree against the state government, and the first PDS payment was released during his tenure.

– Until the time (November 30, 2011) I was finance minister and in spite of the court decree, I and the Setong Sena did not release the payment.

– It was for the express purpose of releasing the PDS payment that Nabam Tuki removed me from the finance ministry.

– I was immediately replaced by Chowna Mein as finance minister and within four days, on November 4, 2011, Nabam Tuki and Chowna Mein released the payment for the head load PDS for a 50% share.

– For the first time in the 23 years of my political life I witnessed the release of payment on the basis of a photocopy of a PDS invoice. Such a thing never happens in any other state.

– The PDS payment released was to the tune of over Rs 600 crore, made out from the state’s Development Fund whereas it was a GoI scheme, and the GoI, having detected a scam, had not advanced a single paisa to the state government.

– The main culprits behind the PDS scam are none other than Dorjee Khandu, Pema Khandu, Nabam Tuki and Chowna Mein.

– When I took over as chief minister, I had the matter investigated in a bid to save the state government. My government filed a case against the FCI as well as GoI and also submitted a review petition in the Supreme Court. I deeply regret that I could not save the state government in this case owing to the fact that all the former ministers, chief ministers and officials ganged up to do away with the relevant files and documents. The chief secretary, secretary, directors and officers stand to go to prison in this case.

– Until now, the genuine contractors who submitted proper tenders and worked well to handle the PDS land route and transport rice right up to the fair price shops, have not been paid.

– On the other hand is Pema Khandu, whose name has figured in the PDS scam, about which, even today, cases are under way in the high court and Supreme Court.

1.      The names of Dorjee Khandu and Pema Khandu also figure in the SGSY [Swarnajayanti Gram Swarojgar Yojana] rice scam. The case is under way in the Supreme Court. Had Dorjee Khandu been alive, he would have been in prison today. Even though Pema Khandu is the chief minister, he will find himself in prison before long. The SGSY scheme was fraudulent from the word go because not a single grain of rice reached the villagers; the rice was sold off in Assam. The fact that false transport bills were created for the transport of rice that never was, was yet another level of fraud. This father-son duo has perpetrated scams within scams.

2.      If any ordinary individual were to ask Pema Khandu questions such as how much rice came from the Centre under this scheme, who were the beneficiaries, when was the rice consignment delivered, who got it, and how much money was made through this scam, I can guarantee that he will not have a single answer. He has just one refrain, namely that he has a lot of money and there are a lot of people after it, but it is important for the public to realise that all that money has been made through scams.

It has become somewhat of a Congress policy to accord precedence to the corrupt, wrong-doers and fraudsters in leadership positions, so that they connive to loot the exchequer in order to send it up to the Congress high command.

9.10 Such people have not been touched because legislators and ministers want chief ministers like P.K Thongun, Gegong Apang, Dorjee Khandu, Nabam Tuki and Pema Khandu, against whom there are cases under way in the high court and Supreme Court, because these are the very people who can bribe officials, the judiciary.

9.11. During my chief ministerial tenure I ensured regular funds for every district under SIDF, RE and NP [non-Plan]. In spite of this, Pema Khandu and his two brothers sought an emergency fund of Rs 6 crore for hydro project maintenance, which was given to them. These funds had not even been touched when they sought more funds in the name of flood relief. They asked for another Rs 10 crore. Rs 10 crore was the sum marked for flood relief in the entire state but even then I gave the largest amount of Rs 6 crore for Tawang.

9.12. In a small state like Arunachal Pradesh, we had just Rs 51 crore in the NDRF, from which funds were to be disbursed across 20 districts and among 60 MLAs as per need. Many districts were in need of flood relief. I had to be even-handed in my approach towards every district and all the MLAs. At that juncture Pema Khandu and his brothers asked me for Rs 100.88 crore. Explaining the circumstances prevailing in the state I reasoned with them, but they became angry and made their move against me.

9.13. I would like to disclose one more thing, namely that Pema Khandu had a hand in the firing incident that took place on May 2, 2016 in Tawang. Pema Khandu did not allow bail to be given the arrested Lama. The phone conversation between the DC and SP Tawang has a mention of Pema Khandu. He had put pressure on the DC, ADC and magistrate to withhold bail in the shooting incident that happened in Tawang. Pressure was exerted on me and the chief secretary as well to refrain from taking action against the officials. Regardless, we took action against the concerned officials. This may have irked them. So many people were killed during this incident. Many of the severely injured are still being treated in Shillong and Guwahati. I personally met the families of those who died and also the ones who were injured, in Tawang, Shillong and Guwahati, making every possible effort to help them. But the incident left Pema Khandu untouched. It is for the people to reflect and decide who is right and who is wrong.

10. Nabam Tuki – From MLA to minister and chief minister, Nabam Tuki covered the ground in a very short span of time. Before becoming a legislator he had nothing; today he owns land and property in Itanagar-Naharlagun, palatial bungalows, farm houses and land in Kolkata, Delhi and Bengaluru. Photos and video of these properties were put up on social media as well.

10.1. In the hearing against Tuki, the Guwahati high court ruled against him and ordered a CBI probe. However, in the Supreme Court xx xxx xxxx xxxx, xxxxxxx xxxxx xxxxxx xxx xxxxx xxx xxxxxx, xx xxxxx xx x xx xx xxxxx xxxx, he got a stay and Tuki is moving around freely.

10.2. With regard to the PDS scam in Arunachal, Supreme Court Justice Kabir Altamas decided in favour of the contractors whereas the Central government and FCI, too, held this decision to be wrong.

10.3. From the bank account of xxxxxxxx, Rs 30 lakh were transferred to xxxxx’s account. This fact has been accepted by the Guwahati high court as well, and both the high court and the Supreme Court have a record of this transaction. xxxx xx xxxx xxxxxx, xxxxx xxxx xxxxxxx xx xxxxx xxx xxxxxx xxxxx.

10.4. It was during his stint as food and civil supply minister that Nabam Tuki initiated the PDS scam. Despite there being a land route, he invented the need for head load carriage – by showing a 20 km road as 46 km long, and a 40 km road as 90 km long, he embezzled money. From places where rice, sugar and wheat never reached, he concocted invoices. Rice quota earmarked for Kurung Kumay and Subansiri was taken from the FCI base depot and sold in Lakhimpur (Assam). The rice quota meant for Tawang, East Kameng and West Kameng was sold in Tezpur, Assam. The rice quota meant for East-West-Upper Siang was sold in Dhemaji, Assam. The same invoice was doctored 6-7 times to extract money. In a state where Rs 61 lakh sufficed for the annual PDS rice quota, expenditure rose to Rs 168 crore annually in Tuki’s time.

10.5. By passing off old projects as new and by showing photographs, Tuki scammed the Relief Fund to the tune of 70%. He misused the funds and misled the public and the Central government. In this connection a PIL is being heard in the Guwahati high court. By perpetrating such schemes in the state he augments his wealth, which enables him to buy xxxxx, the Congress high command and the media. The people are silent onlookers.

10.6. Of the non-Plan [funds] allocated in the state, 60% was withdrawn and misused because of which very many centrally sponsored schemes continue to be in the doldrums, and because of which the state faced a continuous problem of overdraft in the years 2013, 2014 and 2015. As a result the salaries of public servants, wages, TA/DA, MR [medical reimbursement] bills, GPF/NPS [General Provident Fund/National Pension Scheme], student stipends and contractors’ payments could not be paid in time. Still, government employees, students, contractor and the public endured their travails, did not speak out against the government or show the courage to oppose what was happening. This made the corrupt more audacious, spurring them on to more corrupt acts.

10.7. The entire fund of TFC [Thirteenth Finance Commission] has been misused.

10.8. The SPA [Special Plan Assistance] fund too has been misused; work is at a standstill.

10.9. The SCA [Special Compensatory Allowance] fund has also been misused.

10.10. The state hoodwinked an innocent public by stating that there are funds in the Civil Deposit. When I became chief minister, the first thing I did was to have the matter examined, whereupon it came to light that there was no money there.

10.11. Where Dorjee Khandu would take 60% commission/bribe for Relief fund and non-Plan funds, Tuki increased it by 10%, bringing up his commission to 70%, thereby looting the state coffers.

10.12. These are the reasons why, for the last three years, the state has faced a problem of overdraft, with the state budget running a deficit.

10.13. Nabim Tuki bagged government contracts in many cities (Ziro, Pasighat, Tezu, Itanagar, Hawai) and many districts in the name of his wife Nabam Nyami. His brother and family members such as Nabam Tagam, Nabam Aka, Nabam Hari and Nabam Mary also bagged various contracts under government projects and programmes, and made the state exchequer bleed.

10.14. Tuki is solely responsible for all the scams and losses in the state. He is the one who pushed the state over the edge and fooled an innocent public.

10.15. On social media (Facebook and WhatsApp) many are asking how he has come to amass such wealth. If one were to look him in the eye and demand the truth, he would not be able to meet one’s gaze or utter one word.

10.16. It is due to the frustration caused by these very antics of Tuki that I and the legislators opposed him in one voice. Despite being a minority government, and with some help from his brother, Speaker Nabam Rebia, he managed to get two MLAs expelled and continued to run his government.

10.17. Despite there being a motion for the Speaker’s impeachment, Nabam Rebia continued in his position whereas action should have been taken within 14 days. Similarly, despite a no confidence motion, Nabam Tuki continued as chief minister even though the governor had asked him to prove his majority. Despite the Guwahati high court’s judgment of January 13, 2016, he remained in the saddle and kept looting the state [exchequer]. It would have been the right thing for him to submit his resignation but he did not do that.

10.18. The governor is the head of a state. It is with the governor’s concurrence that the names of chief minister and ministers are settled. Transfers, postings and appointments too are conducted under his direction. However, he [Tuki] consistently cocked a snook at law, justice and the public.

10.19. In over two decades I have worked with five chief ministers, but have never seen anyone as corrupt as Tuki or a system as venal as his. His government has been behind bandhs, strikes and riots in the state; it has pitted people against one another in the name of caste, religion and region, and engineered conflicts.

10.20. He has treated the government, law, democracy, the constitution, judiciary and public in a cavalier manner. He has always played politics in the name of caste, religion, community, language and region.

10.21. One who has filled his own coffers instead of serving the people must be asked by them about how he came by his land, property and wealth. Did he stumble upon a money minting machine? Strict action should be taken against him, and what is due to the public must be given to it.

11. Chowna Mein [Editor: currently deputy chief minister of Arunachal Pradesh, formerly a Congress leader, now in the Bharatiya Janata Party] – Among the important ministers of the state [of Arunachal], he is the most corrupt. In every department that has been under his charge, his name has come under a cloud. I am revealing his true face to the public.

11.1. There was never a practice of money changing hands in the RD [rural development] ministry but he made a beginning by demanding Rs 10 lakh to manage the post of PD (project director). For the post of APO he demanded a bribe of Rs 5 lakh, and at the BDO level a bribe of Rs 3 lakh. He had also fixed a percentage of bribe with the contractors working under the RWD and PMGSY programmes.

11.2. He took bribes for transfers and promotions as well.

1.      EE – Rs 15 lakh.

2.      AE – Rs 5 lakh.

3.      JE – Rs 3 lakh.

11.3. On becoming education minister, Chowna took bribes between Rs 3-4 lakh to appoint individuals to teaching positions, doing away with the interview process.

11.4. In PHE [Public Engineering Health] and PWD also he made a lot of money by charging a sum of Rs 10-15 lakh for transfers and postings.

11.5. In LoC, Chowna Mein demanded money because of which many officials refused to go to the division, angered by him.

11.6. While he was PHE minister in the Jarbam Gamlin government, by brokering a deal of Rs 46 crore under the Relief Fund, within 15 days, with the help of ULFA and other underground forces he succeeded in toppling the Gamlin government.

11.7. During his tenure as PHE minister, Rs 76 crore had come from the Central government towards fulfilling water supply needs, which was misused. A record of it is available with an RTI activist who got out the details.

11.8. Then, after becoming finance minister in the Tuki government, he bestowed the gift of a financial crisis upon the state.

11.9. By putting the Development Fund in non-Plan [expenditure] the Fund was misused, which created the problem of overdraft during his time.

11.10. He invariably chose such departments that were characterised by a large number of transactions. He mostly sought to be in planning, finance and PWD so that he could earn hand over fist. Is the state likely to remain secure under such politicians?

11.11. Today he owns land, property, tea gardens, orange orchards and rubber plantations across the state; practically half the property of Namsai is in his name.

11.12. He also owns palatial bungalows, commercial estates and property in Delhi, Kolkata and Bengaluru.

11.13. The public must demand an answer from him as to why he misled the state and its people. Being a legislator or minister is not like owning a money making establishment; then how did he come by such wealth? Are these the real leaders of the Congress? [Editor: Since the time this note was written, Chowna Mein has joined the BJP]

12. Karikho Kri – This gentleman [Editor: Karikho Kri is an MLA with the Congress party] was once an MLA from Tezu. Before becoming a legislator he did not even have a house of his own. He used to stay with his elder brother who was a PHE engineer. For his first assembly election campaign he went everywhere on an old two wheeler. Within 3-4 years of becoming a legislator, he owned half of Tezu, including land and property. Now he owns big bungalows, fancy cars and sports an affluent lifestyle. In addition he has property in Itanagar, Delhi, Kolkata and Bengaluru. But no one asks him where all these riches came from. People run after him for his wealth. It seems that to become a legislator is akin to winning the jackpot in a lottery draw, for millionaires are made overnight. There are many such legislators in the state who get busy fleecing the state.

When the Supreme Court order came, several MLAs demanded Rs 15 crore from me in return for saving my government. However, I had not become chief minister to make money for myself or for others; I had done so to save and defend the government’s coffers in the interest of the public. As chief minister I wanted to take forward necessary schemes at the right time and in the right manner, to direct progress in a way that benefited the people. Whenever there is a political crisis in the state, such [corrupt] legislators make hay, demanding Rs 10-15 crore from both sides. In doing so they are auctioning themselves. How long will the state go on like this? The public must demand an explanation from legislators and launch a movement against them. Today’s legislators are all mired in corruption, they have no right to be sitting in the assembly. The public should demand their resignation so that they can elect a new and better government that benefits the state.

[At the bottom of the page, scribbled in pencil – It pains me that I was unable to accomplish my dear friend PD Sona ji’s demand for Rs 10 crore in cash; I was only able to give him Rs 4 crore on July 11, 2016.]

13.1. After thinking through issues and armed with a strong will and clear objectives, if we work with transparent policies and focused schemes aimed at development and serving the poor, we can achieve a great deal.

13.2. In the four-and-a-half months of my chief ministerial tenure, the work I accomplished is an example of how we can take the state forward. But my fellow legislators did not allow me to work; they will not allow anybody to work thus.

13.3. I say this because in my political career of 25-30 years this is precisely what I have seen legislators do. It is impossible to work with such corrupt and crooked legislators and political leaders. These people can never change or clean up their act. There is a crying need to teach them a lesson and nudge them towards realisation [of what they have done]. The time has come for the people to demonstrate their strength so that politicians never again think of treating them casually.

13.4. I am writing in this vein because a state where the government changes 3-4 times in four months stands to lose out in ways that cannot be imagined. The same public, in the absence of understanding, often fetes new chief ministers and ministers whereas to me that is a betrayal of the public.

13.5. Hence my fervent appeal to the people that they take this [my] message and this sacrifice seriously to demand accountability from their leaders, mount protests against them in villages, cities and districts, and call for the state to be put under President’s Rule so that it is centrally administered like before. All this so that the state develops, the people get what they are entitled to, and there is peace, happiness and well-being.

13.6. Let fresh elections be held on time, providing an opportunity to new faces, well-educated, progressive individuals and those who have struggled in life, so that the poor may benefit.

14. Congress – I joined the Congress when I was a student. I have been part of it for 33 years. There was a reason why I joined the Congress.

14.1. It was a time of principles, a time of ideas, and patriotism. On March 7, 1986 when Shri Rajiv Gandhi visited Tezu, I too was there to welcome him with a tricolour. I gifted him the flag and he told me to study well and become a good man. He made three points about Arunachal in his speech that day:

·         Arunachal is an inalienable part of India.

·         Delhi may be far but you [the people of Arunachal] are not far from my heart.

·         We send Rs 100 from the Centre but only Rs 25 reaches the state; we shall fight corruption.

14.2. Deeply impacted by these views, I joined the Congress. From 1995, I have been consecutively elected from Hayuliang, with the highest margin of victory in the state. However, it saddens me to think that this Grand Old Party needs corrupt individuals and criminals, not those who want to serve the people. Today, politicians are not servants [of the people] but agents and touts intent on doing business to further their own interests.

14.3. Then there used to be debates on principles, policies and ideas. Today, the focus is on dividing the people in the name of reservation, funds, religion and region to gain their votes. The helplessness of the poor has become a playground of cynical politics. That too was a phase; this too is a phase.

14.4. In 2008, on Dorjee Khandu’s say-so and on account of my own helplessness I myself went to xxxxxx xxxxx four times to reach him the money – a total of Rs 37 crore.

14.5. In 2009, when the state received an advance loan of Rs 200 crore, on Dorjee Khandu’s say-so, I arranged for Rs 6 crore to be sent to xxxx xxxxxx xxxxxxx, then Union xxxxxxx minister, at the following address xxxxxxxxxxxx xxxxxx xxxxxxx.

14.6. In 2015-2016 I was in Delhi for 13 months during which time I met the following Congress leaders:

·         I met Narayanswamy 13 times

·         I met Kamal Nath four times

·         I met Salman Khurshid five times

·         I met Ghulam Nabi Azad five times

14.7. But Sonia Gandhi and Rahul Gandhi did not meet me. While Salman Khurshid and Ghulam Nabi Azad heard me out and tried to help me, xxxxxxxxxxxxx demanded Rs 110 crore for the party fund and for himself. He conveyed this message through his personal staff xxxxxxxx xxxxx. I was called to Sagar Ratna (South Indian restaurant) several times so that the demand could be conveyed. Xxxxxx xxxxxx asked for Rs 9 crore. When I met xxxxx xxxxx, he too asked for Rs 130 crore, which was conveyed through xxxxx xxxxx, Mr. xxxxxx and xxxxx xxxxx.

14.8. All these instances grieved me. For days I remained plunged in thought, overcome by anxiety. The party spilled much venom against me but even so, and after winning three court cases, I continue to be associated with the Congress. In truth, I have seen the real face of the Congress and now I have no desire to remain either in the party or in politics. The titans of Congress did not follow their rajadharma then; they are not doing so now. It was my misfortune that I walked in darkness for so many years and was associated with a party that took my blood, sweat and toil and gave me back nothing but tears. I am ashamed to say it but the entire Congress structure is corrupt.

15. Law – The importance of the rule of law and justice is uppermost in a democracy. If there were no law or judiciary, democracy would not be able to function. The role of the judiciary is to secure the rights of the people, the poor and the helpless.

15.1. But what I have seen happening is the exact opposite. I have witnessed the brokers of justice; I have seen that justice is for sale. Today, the law itself has assumed the role of an influence peddler to broker justice.

15.2. The state government, the FCI as well as the Central government stated that the PDS scandal was a scam but even then the Supreme Court, after letting the accused walk, directed that full payments be made to them. The state treasury was virtually emptied out. Xxxxx xxxxxxx xxxxxxxxxxxxx xxxxxxxx x xxxxx xx Rs 36 crore xx xxxx x xxxxx xxxxxxx, xxxx xxx xxx xxxxxx xx xxx xx-xxxxxxx xx xxx xxxxxxxx xxxx. On earlier occasions, too, xxxxx xxxxxxx xxxxxxx xxxxx xxx xxxx xxxxxxxxx xx xxxxxxxxxxx xxx xxx xxxxxxxxxx.

Present court matters

15.3. In the assembly session of December16-17, 2015, the Nabam Tuki government was removed after losing a vote of confidence.

15.4. Whereupon Nabmam Tuki returned with a stay order from court. His Speaker, Nabam Rebia, also remained in his position. So much had transpired but we did not form the government.

15.5. On January 13 [2016], the Guwahati high court dismissed the stay as well as the petition. Then Nabam Tuki knocked at the door of the Supreme Court. His government continued.

15.6. Even after the Guwahati High Court verdict we did not form the government.

15.7. Soon the law and order situation started deteriorating. There were incidents in every corner of the state. So much so that even the governor found himself at the receiving end of discourtesy. Peace vanished, there were daily strikes, and a financial crisis reared its head in the state. The situation went from bad to worse.

15.8. The 16-17 December session of the assembly was not considered legitimate; in the previous six months there hadn’t been even one assembly session. Due to this, a constitutional crisis also raised its head in the state.

15.9. Seeing the rising graph of incidents, the state was brought under President’s rule on 26 January [2016] and the Nabam Tuki government was removed.

15.10. On February 19, President’s rule was lifted. With the support of 33 legislators, we staked a claim to form the government. The governor invited us to form the government, asking us to prove our majority within 10 days.

15.11. Within a week, i.e., on February 25, we proved our majority on the floor of the house.

15.12. In no way was our government formed by flouting the law – we worked in accordance with the constitution, the law, dictates of justice and ethics.

15.13. The salient points of the judgment delivered by a five judge bench of the Supreme Court [on July 13, 2016] were as follows:

·         It rejected the advancing [of the assembly session date] by the governor

·         Rejected the governor’s message

·         Keeping the above two points, it rejected the assembly session of December 16-17, 2015.

·         Keeping the above three points in mind, it rejected the decision of the assembly [to remove the Tuki government]

15.14. The Supreme Court judgment did not say anything that could be construed as being against my government. The Supreme Court bench did not say anything about the imposition of President’s Rule in the state either. Neither did it say anything about the floor test conducted during the seventh session of the sixth legislative assembly. The budget session, the eighth session of the sixth legislative assembly, took place after this and the budget was passed, but the Supreme Court did not comment on it.

15.15 The Supreme Court judgment delivered in this case was absolutely wrong, for the laws enshrined in our Constitution are well known.

·         Article 174 – The Governor shall from time to time summon the House or each House of the Legislature of the state to meet at such time and place as he thinks fit.

·         Article 175 – The Governor may send messages to the House or Houses of the Legislature of the state, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

·         Article 163 – The chief minister or council of ministers can take advice from the governor. If any dispute arises, the decision of the Governor shall be final. The Governor’s decision cannot be challenged in any court.

15.16. In the event of a government falling in any state or a minority government plunging into a crisis, these laws elaborated upon in our constitution give the governor the right to summon the legislative assembly and instruct the chief minister to prove his majority.

15.17. This was not solely about removing Nabam Tuki; it was also about a motion to move a resolution for the removal of the Speaker Nabam Rebia. Knowing this, Nabam Rebia, instead of calling the session within a month, summoned the assembly more than two months later, which was unprecedented. By doing this he was giving his brother Nabam Tuki enough time to buy legislators.

15.18. The motion for moving the resolution should be after 14 days from the date when a notice of the resolution is received. Keeping this in mind, the governor decided to advance the assembly session. The governor consistently functioned within the ambit of law; he was not at fault.

15.19. After being at the receiving end of the kind of verdict that the Supreme Court delivered, I have lost faith in the judiciary. While the legislators of Arunachal are for sale and so too the Congress, it grieves me to think the unthinkable – that even xxxxxx xxxxx xxxx xx xxx xxxxx xx xxx xxxxxx/xxxx xxxxxx.

15.20. I and my associates were contacted several times to say that the decision could be made in my favour xxxxxxxx for xxxxxx Rs 86 crore. I am an ordinary man. I don’t have the kind of money that is xxxx xx xxx xxx xxxxx xx xxxx xxxx xxxx, nor do I want to do so.

15.21. The chief minister’s position exists to serve the people and ensure their safety. I have no wish to xxxx that position. That is precisely why I did not approach the court again or file another application.

15.22. xxxxxxx xxxxx, xxx xxxxx xxx xx xxxxxx xxxxxx got in touch with my associates and demanded Rs 49 crore.

15.23. xxxxx xxxxx, xxxxxx xx xxxxxx xxxxxx xxxxxx, demanded Rs 37 crore from me.

15.24. xxxxxx xxxxx – He has his own lobby in the Supreme Court. Lawyers and xxxxx xxxx xxxxx xx x xxxxx xxxx xxxx and xxxx xxxx xxxxx.

Travelling to Guwahati by chartered plane, within half an hour Kapil Sibal got a Keep in Abeyance order from the court, whereas earlier the court had turned down this case.

Along with Prashant Tiwari I met Kapil Sibal four times and told him the reality of Nabam Tuki.

When I met xxxxx xxxxx at his residence (at xxxxxxx xxxxx xxxxx, xxxxxx xxxxx) he had demanded Rs 9 crore from me, Rs 4 crore in advance. xxxx xx xxxxx xxx xxx xx xxxxx xxxx xxx xxx xxxxx xx xxx xxxxx xxxx xxxxxxx.

At the Guwahati High Court we won this case where the Congress did not exert influence over lawyers xxx xxxxx.

Later we came to know that Congress president Sonia Gandhi had xxxx xxxx xxx xxxx xx xx xxxx xxxx xxxx to fight Nabam Tuki’s case again.

Xxxx xxxxx was the one who by xxxx xxxxxx xxxxxxx xxxxxxx plotted the entire game, notching up a false victory for Nabam Tuki. Today he is x xxxxxx xx xxxxx xxxxxx xxxxx. In my entire political career I have observed that the xxxxx is xxxx xxxxxx xxxxxx xxxxxx xxxx. They are all in it together.

15.25. I was contacted up till the night of July 12 and told that if I gave an advance sum of Rs 9 crore, xxx xxxx xxxxx xxxx put off for a month; upon receiving the remaining Rs 77 crore, xxxx xxxxx would be xx xxx xxxxxx.

15.26. I did not pay heed to them, nor did I consent to give money. Seeing the faltering process I decided not to react to the judgment, nor did I submit an application for a relook at the verdict, because I knew that xxxxx xxxx xxx xxxx xxx xxx xxx.

15.27. Up until today, i.e., July 25, xxx xxxxx xxxxxxxx has been in touch with me on behalf of xxxxxx xxxxxx, talking about a change in xxx xxxxxxx. When and how a petition is to be filed, he has already figured it out. For this he has demanded Rs 31 crore.

15.28. The country and its people must identify these brokers of justice and merchants of corruption. And, guided by their inner voice of conscience, they must sift truth from falsehood and right from wrong on the scales of justice. It is necessary for the government to keep an eye on xxxxxx xxxxxxxxx and even bring a law that equips it to challenge the Supreme Court’s decisions so that xxxxx xxxxx xxxxxxx is rooted out. Such a law that enables the good of the country and the people should be made as soon as possible.

15.29. Today in our country, lawyers xxx xxxxx, xxxxx, xxx xxxx xxxxxx xxxxxx. xxxx xxxxxxx xxxxx xx xxx xx xxxx xx xxx xxx spin and xxxx a xxxx xxxx. The truth is bitter, but to this extent? I had no inkling. Facing one bitter truth after another my soul trembles. I have lost faith in the law. I worry about the country and wonder what lies in store for its innocent public. Friends, whatever I have enumerated here is cent-per-cent accurate. These expressions have come forth from the depths of my soul. At no point have I resorted to exaggeration or sensationalism, nor have I played around with facts.

15.30. What we used to see on the film screen or read in stories, we are witnessing in reality today – which proves that money speaks. Wherever there is an incident, as the process of complaint, inquiry, court case and hearing gets into motion, the situation and circumstances don’t change. Then why do the opinions and decisions of judges change? It is the same constitution that is kept in the lower court, session court, high court and Supreme Court, and is available outside court precincts as well. Apart from lawyers and judges, people from other walks of life also read and understand it.

15.31. When the text of law does not change, how come the decisions of judges change? Why does the verdict of victory and defeat in a case change time and again? The changing verdict tells us xxxx xxxxx xxxx xxx xxxx. But the truth is not altered by these decisions – the truth is eternal, unchanging; even god cannot negate it.

15.32. During my childhood itself I won the love and trust of villagers; from my student life onwards I have won every election I have contested. Even today I have not seen the face of defeat in my political career: in 1995, after winning my first assembly election I was made a minister. I have worked hard in every position that I have been assigned, with not a whiff of scandal attached to my name. In my short life I have made a considerable contribution to the development of society, community, region and state, in the service of the people.

15.33. Hence I have no regrets or sorrows in life about what has come my way. It is for this reason that I don’t look upon the Supreme Court verdict as my defeat. I know that if I choose to file a clarification, review petition or SLP, I am sure to win. But xxxxxx xxxxx xxxx xx Rs 80-90 crore xxxx xxxxx xxxxx and that is why I do not want to do any such thing. My message to the innocent and naïve public of this state and country is simple and crystal clear.

My message

16. I appeal to my beloved people to always cast their vote for public good. Never succumb to pressure and kill your future; never let any strongman make you cower. For the sake of some liquor and money that is distributed during election time, do not push your future and posterity into quicksand; never compromise on your rights. Before casting your vote if you look at your children once and think about their future, I guarantee that your vote will go to the right candidate. The public should be able to see through the candidates’ hollow election slogans. When the candidates ask for votes, people must quiz them on issues of right and wrong and to the extent possible, cast their votes after getting to know somewhat about their past life, their ideas, values and conduct.

16.1. It has often come to my notice that honest people fight shy of participating in the electoral process. They think that one vote makes no difference, which is fallacious thinking. Each and every vote is as precious as a diamond because it contains that strength of democracy which is capable of rooting out despots and strongmen.

16.2 It is up to the people to decide. It is their duty to cast their vote in favour of the candidate who thinks of their welfare; it is immaterial which community, religion or caste they belong to. The public should elect candidates who are well-educated, principled, grounded in values and patriotic ideas, have faced hardships and struggled hard to come up in life, and are capable of leading the state and country in the right direction.

17. Students – To students I just want to say that they should pursue their studies with dedication, hard work and integrity. Consider your studies as worship and harness your devotion and strength to achieve your goal. The knowledge and understanding gained in your student life will be with you for the rest of your life. You should use the time at your disposal to acquire knowledge, share knowledge and immerse yourself in knowledge.

17.1. At this stage you are like an unbaked pot of clay that can be shaped any which way; any attempt to give a shape to it after it has been baked will break the pot. Hence you must recognise the importance of this phase in shaping your life in inspiring ways. Peep into the life of any great personality and you will discover that they have faced the maximum struggles in their student life. Today you must think solely about your career and your goal to achieve which you must be unstinting in your efforts

17.2. At this stage you should take care to be at a remove from politics, and business. If you gravitate towards these two things, they are likely to divert your attention, making you lag behind in your studies.

17.3. Our country has had a long tradition of vidyashrama – the student would leave his home, family and comforts for the rigourous education of an ashram, learning the shastras, the use of weapons, and politics. Today we need a similar educational ethic whereby we allow our children to imbibe, in a way appropriate for them, an understanding of sports, music, the shastras, science, mathematics, and politics. Do not enter politics or get caught up in its web at this stage.

17.4. I see students as a non-political pressure group whose role is to keep an eye on the government, politicians and officials, raising their voice for the benefit of society. If student bodies do not speak out against the machinations of a corrupt government system, who will? Who will show the right way to people and society? Once you have completed your studies you are free to join any professional stream or field.

18. NGOs – The real purpose of running an NGO is to think about the country, kindle awareness among people, reflect upon public good and put forth one’s views on the rights and wrongs of our land. More than the government, it is NGOs that have a crucial role to play with regard to the welfare of society, state and country. An NGO needs to be fuelled by a greater spirit of service than the government. It is important to work with conviction, dedication, hard work, integrity and passion.

18.1. However, most of the NGOs I have come across seem to be more interested in making money, blackmailing officials and embezzling funds meant for the welfare of the people. I have seen social workers leave their work and devote more time to meddling in the work of others. They all have their distinct lobbies with whose help they fleece people, acting as go-betweens who have access to the government and bureaucracy.

18.2. This is precisely why social workers are not respected in the state, nor is their voice heeded. To reclaim your lost image as social workers you need to work unitedly to safeguard humanity and raise your voice against corruption, wrong policies, discrimination, hierarchies of high and low as also against those who perpetrate atrocities on the poor and the backward. I pray that you never falter in your steps while following the path of righteousness.

19. Leaders – While I do not want to give a sermon to political leaders, I would certainly like to communicate the questions that have arisen from my own experiences. To leaders and ministers I would like to say that being in politics means thinking about the public as your family, seeing their problems as your problems and extending all help to them. It is not possible to become a leader without the love, cooperation and blessings of the people.

19.1. During election campaigns, more than the candidates, it is party workers and voters who work extremely hard, propelled by hope. Their families are often split down the middle, and even though matters assume violent proportions sometimes, they do not desert their candidates on the sole hope that their candidate, upon getting elected, would work towards their welfare – provide good roads, uninterrupted supply of clean water, better education and health, jobs for the youth, a better standard of living and economic growth, and uphold the rule of law so that the state does well on development.

19.2. The purpose of entering politics is not to make money but to serve people. If making money is one’s only aim, there is no need to become a political leader. There are many other avenues of earning wealth – through farming, trade, employment, winning government contracts, taking to sports or cultural activities.

19.3. Politics in the true sense is another name for social religion. Its pursuit demands that you sacrifice your comforts and wealth to work for the welfare of every segment of society. It will not do to divide and mislead people in the name of religion, caste, region and language. In fact it is important to ensure that peace is maintained in the interest of preserving our national integrity, social harmony and sovereignty.

19.4. But I am deeply saddened by the fact that in Arunachal Pradesh, those who become leaders forget the people and become self-serving. To fill job vacancies they choose their own family members or relatives or individuals from their caste. After all that, if some posts are left, they offer them to others but for a bribe. But ideally, such jobs should go to those who are needy, poor and backward in every sense of the term. Even if they do offer a position to a poor man, they do not shy away from asking for a bribe. For a price, they manage transfers of officials due to which capable individuals are deprived of an opportunity to show their mettle. To ensure promotions too they ask for bribes.

19.5. When contracts are awarded, legislators and ministers ensure they bag them in the name of their wives or children. If the contract is awarded to someone else, they are sure to ask for their share of the pie. In such a scenario, there is no place for the honest contractor. Consequently, work will never be completed in time nor will its quality be up to the mark.

19.6. In the state, schemes are conceptualised not to meet the needs of the public but to meet the legislators’ desire for making money. They not only decide on tenders beforehand but also on the share coming to those involved.

19.7. While scant progress is made on sanctioned schemes, great progress is made by legislators and ministers in augmenting their wealth. They show a great spirit of cooperation among themselves in swallowing up that wealth. Much before public projects reach fruition, leaders’ edifices shoot up.

19.8. Ideally, once a scheme gets sanctioned, it should take a year for completion; a larger project should take a maximum of two years to be completed.

19.9. In Arunachal, however, one project can take as long as eight to nine years to ensure that legislators and ministers get ample time to line their pockets. Take the instance of the secretariat building, assembly building, the state hospital in Naharlagun, MLA cottages, convention hall – these projects have gone on for more than 11 years. The secretariat building has seen four chief ministers come and go, namely Gegong Apang, Dorjee Khandu, Jarbam Gamlin and Nabam Tuki. Not one of those chief ministers succeeded in getting that project finished. There were scams in each one’s tenure. The Plan fund was increased threefold or fourfold times but the work still remained unfinished.

19.10 During my tenure, with the help of the necessary funds and an ultimatum, I managed to get the secretariat building completed. The offices of the chief minister and ministers are ready to be occupied. Moreover, I employed the same stratagem in trying to get the assembly building and state hospital of Naharlagun completed in time for shifting in August. I invested hard work, passion and energy in this endeavour; it was my duty to do so. I have presented an example of work culture that I hope will be followed in future projects and programmes as well.

19.11. In Anjaw district, which falls in my constituency, I accomplished the construction of 11 micro hydropower projects in time and within the sanctioned amount. Despite the fact that it is a hilly and border region, we made good progress, with the result that the DC headquarter and CO headquarter in the district boasts a 24 hour supply of power today. Contrast this with the fact that the state capital Itanagar and some of the oldest cities of the state, such as Pasighat, Ziro, Aalo and Tezu, still have an insufficient power supply.

19.12 In the Hawai district headquarter, I had got a township water project passed. Completing this Rs 14 crore project in hilly terrain posed a challenge, but the work was completed within two years. Today, two towns (old and new) in the region are enjoying the benefits of this project.

19.13. Prashant Lokhande, secretary planning, and I had got a similar project sanctioned for Tezu. Although the area is a plain, the project is still to be completed while the entire budget of Rs 24 crore has been exhausted. In fact, the funds have been misused. Former MLA Karikho Kri and his brother, an engineer, misused the funds. The people of Tezu continue to experience water problems.

19.14. In the same way, there were many schemes for road improvement in Tezu township, with funds amounting to Rs 29 crore raised in four years from different sources (SPA, TFC, NABARD and non-Plan). There was a misuse of funds, for the roads are yet to be built over and repaired. In many other parts of the state as well, projects were sanctioned in assembly constituencies and towns. In all these cases, the funds were exhausted but the projects remain incomplete.

19.15. But there is no accountability whatsoever anywhere in this state. While legislators and ministers move forward by working hand in glove, few projects are able to move ahead. The consequences are borne by the people and the state which is unable to develop. From chief minister to legislator, they are all corrupt. The state is the ultimate loser.

19.16. In today’s time, people are the worst sufferers of corruption. They see it, suffer it but do not raise their voice against it, even though they are the ones who elect the government. In such a situation, truth is a casualty. It is imperative that the people come together and protest the corruption-ridden system.

19.17. Officials are bound by rules and regulations and structure, and they should go by them. They are appointed to provide amenities to the people. Instead, they cooperate with leaders and officials in high places in a self-serving manner, caving in to pressure. In such a situation who will think about the people? Who will forward their interests? Where will the people go?

19.18. The role of the police and administration is to ensure the safety and security of people’s life and property, extending them every possible assistance. But what they are doing today is fawning over politicians and politicking in their company – working solely for them. What will happen to the people? Who will protect them?

19.19 The judiciary’s role is to determine the truth and punish those who are corrupt and untruthful, be it an official, leader or minister. However the state of affairs is such that from the lower court to the Supreme Court, lawyers xxxxx xxxxxx xxxxxx xxxxx xxxxx. In such a situation what will be the fate of straightforward, innocent, hardworking and cultured people? Who will give them a hearing? That is why it is saddening to see xxxx xxxxx xxxxxxx xxxx. Only god can save the people. But god certainly cannot descend to vote in an election or cleanse the corrupt system. I fervently pray to God, bestow understanding on an innocent and naïve public and give it the strength to voice protests against corruption, fight corruption and root out the leaders with corrupt minds.

19.20. When the people at the top leave much to be desired, how can one blame anyone else? Important chief ministers such as Dorjee Khandu, Nabam Tuki, Chowna Mein and Pema Khandu have always been driven by their self-interest.

19.21. I wanted to stamp out corruption, utilise government schemes and public money for development work. I wanted to put my state and its people on par with the other states and ahead of them. Perhaps my fellow legislators did not approve of this line of thinking.

20. I ask, when will the public wake up from its slumber, when will it come to its senses? How long will people be taken in by the leaders’ flashy cars and their lures of liquor and money in return for votes, mistaking their false promises to be the truth? In reality, the public wants to remain in a fool’s paradise, it runs from the truth. It is for the people to decide what they need to do. My job was to tell them the truth, but the decision lies in their hands.

20.1. In the 23 years of my political journey, having graced various ministerial positions, the work that I did for the good of the state and its people in various departments, the work I did in my constituency – perhaps you were not able to see it.

20.2. In the four-and-a-half months of my chief ministerial tenure, whatever work I did was also for the good of the state and the people. It was seen, heard, understood and appreciated by you.

20.3 I congratulate the people of Arunachal and the country, especially the youth for supporting and appreciating the work accomplished by my government on social media – as many as 17 lakh people shared our government’s work, policies, schemes and decisions on platforms such as Facebook, WhatsApp and Twitter.

20.4. I have no vested interest in telling you all this. I do not fear anyone. I am not weak and I do not consider this as an act of surrender on my part.

20.5. The sole purpose of putting these concerns out in the open is to awaken the people and make them see the dirty games being played in the state and country, the corrupt acts being perpetrated, and the reality of corruption that has seeped into the system. But people have a short memory, they forget too soon. Keeping this in mind I have taken this step in order to jog public memory, awaken people, reason with them and implore them to ponder these issues. This is also my way of reposing faith in them.

20.6. In my short life I have endured a lot, seen and experienced a lot, struggled a great deal and at times made sacrifices for the happiness of others and benefit of society. I was never defeated, nor did I ever accept defeat.

20.7. I have always taken decisions in the interests of our state and its people. I have surrendered my comforts and peace of mind, time and health, riches, my family and even myself to the people. Every breath and every moment I have sacrificed for the welfare of the people. If even 0.1 per cent realise the intent behind my message and my sacrifices, and are inspired to effect some improvement in their modes of thinking and action – rejecting greed, aggressive pursuit of self-interest and rancour and devoting some time to constructive acts – it would be worthwhile. I want the voice of my heart, my thoughts, experiences and message to reach as many people as possible so that I can reason with you, prod you awake and give you confidence and strength in the fight for truth.

Kalikho Pul
8/8/16

Decoded: Kalikho Pul’s Suicide Note Alleging Judicial Corruption

 

By Legally India

 

The suicide note of former Arunachal Pradesh Chief Minister, Kalikho Pul, has landed the apex court in a bit of a dilemma, with its decision to judicially hear as a writ petition, the letter written by his widow, Dangwimsai Pul, backfired last week.

The closure of the Arunachal Pradesh case by the Supreme Court had been an occasion for a nice bit of banter by the judges on 29 September last year.

Little did they know then that the case would boomerang back to them like this, only five months later.

Kalikho Pul had committed suicide on 9 August 2016. But his suicide note appears to be making waves only now. Is the note and the delay in publishing it, like his suicide, not suspicious?

Well, one could say that.

In retrospect (and with all due respect to the late Mr Pul), his purported suicide note (if it is indeed genuine) makes him appear as a somewhat naive politician who could not digest the loss of power due to a judicial diktat.

By contrast, Pul’s rebellion against the then Chief Minister, Nabam Tuki, had conveyed the impression that Pul was anything but naive.

Kalikho Pul had brought down Tuki, and became the Chief Minister on 19 February 2016 with the help of the then governor, Jyoti Prasad Rajkhow, and the central government, which revoked President’s rule after three weeks, which had enabled Pul to be sworn-in as Arunachal Pradesh Chief Minister.

But on 13 July 2016, the Constitution bench which had heard multiple challenges to the game of thrones in the state, delivered a verdict, reinstating Tuki.

Although Tuki made way for Pema Khandu, the present Chief Minister, to be sworn-in to ensure party unity, Kalikho Pul could apparently not quite reconcile himself to the Supreme Court having played a role in all this. Khandu and his entire group of supporting MLAs, had quit the Congress and merged with a regional party, and later merged with the BJP.

That Kalikho Pul committed suicide on 9 August, within a month of the Arunachal Pradesh verdict, and purportedly left a 60-page note in Hindi, affixing his signature on every page and to every correction, suggests that the note’s objective was something more than merely stating the reasons for his suicide.

And the timing of the disclosure of the suicide note, six months after Kalikho Pul’s death, is also suspicious.

Also Read: Late CM Pul: Top Cong Leaders Paid ‘Bulk of Rs 60 Cr’ to SC Judges

Dangwimsai Pul, wife of Late Arunachal Pradesh Chief Minister Kalikho Pul addresses a press conference in New Delhi on 17 February, 2017. (Photo: IANS)

What exactly is in the suicide note that so threatens the credibility of the Supreme Court?

It alleges details of bribes paid to and sought by judges.

Justice Khehar, the note alleged, used his son to strike a deal to take Rs 36 crore (or thereabouts) in order to deliver a wrong judgment. The allegation, which has so far remained under wraps in most media reports other than The Quint, which has gone into it. Last week, Dave again disclosed the allegation in the course of his oral submissions before the two-judge bench of the Supreme Court.

The truth of the allegation seems unlikely, but the fact that it’s out there means it may be more damaging if it is not investigated properly.

Also Read: Late CM Kalikho Pul Blames Corrupt Law Officers in Suicide Note

Couldn’t the suicide note have been the result of frustrations of Kalikho Pul, after having lost power due to the Supreme Court’s verdict?

It’s indeed quite possible.

But the note, which is at par with a dying declaration, has to be investigated, to verify the truth and dispel any suspicions.

The note has not been investigated at all so far?

Yes. That is why the Chief Justice of India, JS Khehar, acting on the administrative side, in response to the letter written by Kalikho Pul’s widow Dangwimsai, ordered
listing of the case, so that it can be heard judicially, with a direction given for registration of FIR, which would be binding. Had the bench judicially directed registration of FIR, after hearing it judicially, it would have been binding. So that would have been in the interest of Mrs Pul, no?

The problem is, if the court monitored the case judicially, after directing registration of an FIR, Mrs Pul would not be able to pursue other remedies available to her, if she was not satisfied with the progress of investigation that was being monitored by the court already.

Also Read: The Quint Impact: SC Agrees to Hear Plea of Kalikho Pul’s Wife

What is the distinction between judicial and administrative sides of the Supreme Court?

Well, the CJI is also the administrative head of the judiciary. As the administrative head, he decides what bench will hear any matter in the Supreme Court.

When a bench hears a matter on the judicial side, its orders are final, and have to be complied with. On the administrative side, the Supreme Court’s decisions are not so very binding, especially if other organs of state are dealing with it.

What do you mean, the SC administrative side is not binding?

A recent example is the decision of the in-house committee on the allegations of sexual harassment against a judge of the Madhya Pradesh High Court. The committee found the judge innocent, but another committee set up by the Chairman of the Rajya Sabha, under the Judges Inquiry Act to probe the allegations, is continuing its work.

The in-house committee report is a result of the administrative decision of the CJI, to set it up.

So, last week’s listing of the case before the Supreme Court was an attempt to hear it judicially, right?

That’s right.

That is why it surprised everyone, including Dangwimsai Pul’s lawyer, Dushyant Dave, who was caught somewhat unawares.

He told the court that Mrs Pul had got a call from the registry, only in the evening on 22 February 2017, regarding the listing of the matter from a mobile number she had stored on her phone. Dave questioned how the registry could list it for hearing, when the matter was to be dealt with on the administrative side, as per the Supreme Court’s judgement in K Veeraswami v Union of India from 25 July 1991.

The CJI ought not to have instructed the Registry to list ‘letter petition’ by Late Kalikho Pul’s first wife, for hearing on the judicial side. (Photo: Rhythum Seth/ The Quint)

So, the SC registry apparently listed the case under instructions from the CJI?

That is what Dave questioned recently.

The CJI, against whom Kalikho Pul had made allegations in his suicide note, ought not to have instructed the Registry to list it for hearing on the judicial side, Dave suggested.

And the bench had nothing to say to this?

The bench listened to Dave, and said that it was hearing the case because it was listed under the CJI’s instructions, and hinted that if Dave wanted the case to be closed, he was free to withdraw the petition.

Dave, for his part, said he would withdraw the case, if the bench persisted in hearing it, despite his reservations.

So in a sense, Dave had no option but to withdraw the case, right?

Yes.

Dave sought recusal of the bench because he said Justice Goel had been Justice Khehar’s colleague at the Punjab and Haryana high court. Dave probably referred to this, because he thought it could help him to avoid a hearing if the bench brushed aside his objection regarding judicial-administrative side distinction.

But if the bench had complied with Dave’s request for recusal, then the case would have gone before another Supreme Court bench, though again on the judicial side; this would have been equally problematic for him and his client Mrs Pul.

And the bench didn’t agree with Dave, right on this?

That’s right. The bench dismissed the case as withdrawn, as it was an easy way out of the dilemma that was staring the bench into its face.

But the dilemma may have just begun to unfold, right?

True.

There were no answers to Dave’s intriguing questions on how the SC registry listed it before court number 13, of all courts, and that too, it was to be heard at 1:30 pm during the lunch hour, which is highly unusual.

So what was the gossip in the corridors outside court room 13 now?

The gossip goes that it is incredible that the allegation against the CJI Justice Khehar, as mentioned in the suicide note, could be true.

But Dave’s articulation of the whole issue in terms of judicial-administrative distinction, and the need for this bench to recuse itself, had made a profound impact, with everyone admiring Dave for his statesman-like representation of his client.

Dave said he would like to believe that the allegations in the suicide note were wrong, but he would also like to pursue other remedies, because the accused also included the President of India among others. Dave also said his client’s letter – which was incorrectly converted to a writ petition by the Supreme Court of its own accord – may well be wrong on the facts, but that he was entitled to pursue all available remedies.

Also Read: Late CM Pul: Top Cong Leaders Paid ‘Bulk of Rs 60 Cr’ to SC Judges

Dushyant Dave, representing Late Kalikho Pul’s first wife said if the bench heard the case, it would compromise the court’s credibility as an institution. (Photo: Harsh Sahani/ The Quint)

What were Dave’s last words?

How did you know? Dave indeed did deliver a Parthian shot at the end of last week’’s hearing in room 13. He said that he had met a former judge of the Supreme Court yesterday, who had disclosed shocking things, which he would not like to disclose in the court.

He also said if the bench heard and passed an order on the judicial side, it would compromise the court’s credibility as an institution, and that he was concerned with that. He almost begged the bench not to do it, making an emotional appeal.

No one expected the bench to ignore his appeal after that.

Also Read: Media Who Ignored Kalikho Pul Suicide: Wake Up or Face Extinction

Is there anything in the Veeraswamy judgement that would say the SC’s decision to hear it on the judicial side was wrong?

The SC said in that judgement that judges of high and apex courts are public servants, and can be prosecuted under the Prevention of Corruption Act. The SC also held that prosecution of such a judge facing allegations of corruption could be launched after obtaining sanction of the competent authority.

Dave brought attention to the part of that decision stating that if the CJI himself was the person against whom the allegations of criminal misconduct were received, the government should consult any other judge or judges of the Supreme Court.

The judgement said that there should be a similar consultation at the stage of examining the question of granting sanction for prosecution and it should be necessary and appropriate that the question of sanction should be guided by and in accordance with the advice of the CJI.

Who was Justice K Veeraswami?

He was the former Chief Justice of the Madras High Court, and father-in-law of Justice V Ramaswami of the Supreme Court, was was the first judge to face impeachment proceedings in Parliament in 1992.

Justice Veeraswami faced allegations of amassing assets disproportionate to his income. An FIR was filed against him. He then challenged the FIR, the Madras High Court dismissed his challenge and the Supreme Court eventually upheld the High Court’s decision.

 

 

Kalikho Pul's widow withdraws letter after allegations

Dhananjay Mahapatra & Amit Anand Choudhary|

 

Former Arunachal Pradesh chief minister Kalikho Pul's widow made sensational allegations against Chief Justice of India J S Khehar in the Supreme Court on Thursday before withdrawing her letter to him seeking a CBI probe into her husband's 60-page suicide note which allegedly accused judges and politicians of corruption.

The purported suicide note, written in pure Hindi, was widely circulated on WhatsApp with the names blurred. Apart from levelling corruption charges against judges, the note allegedly linked Pul's suicide to the July 13, 2016 judgment by a five-judge SC bench which reinstated the dismissed Congress government in Arunachal and, in the process, pulled down the one headed by Pul. The ex-CM committed suicide on August 9 last year.

On February 17, Pul's widow Dangwimsai had written a two-page letter to the CJI demanding a CBI probe against the judges named in the suicide note, which alleged that extraneous considerations influenced the SC's July 2016 judgment.

Former SC judge approached me on behalf of CJI: Dave

The CJI had ordered the letter to be listed as a writ petition before a bench of Justices A K Goel and U U Lalit.

At the high-wattage hearing on Thursday with the CJI at its centre, Dangwimsai's counsel Dushyant Dave made the sensational claim that a former SC judge had approached him on Khehar's behalf. He also questioned the decision to turn the letter into a writ petition to be disposed of by the SC when his client had sought an administrative inquiry, as also the choice of Justices Goel and Lalit to hear the petition

Dangwimsai's letter cited the SC's 1991 judgment in the Veeraswami case where the apex court had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI.

The Constitution bench ruling had also said, "If the Chief Justice of India himself is the person against whom the allegations of criminal misconduct are received, the government shall consult any other judge or judges of the Supreme Court."

Dangwimsai's letter had said, "I am sure you (the CJI) will have the matter placed before the appropriate judge in accordance with the judgment in the Veeraswami case for consideration of my request."

Dave raised a series of questions and levelled many allegations. "Why was Dangwimsai's letter converted into a criminal writ petition? Why was it put up for hearing in open court for a judicial decision when the CJI was expected to take a decision on the administrative side? Is the CJI precluded from taking a decision on the letter as the allegations in the suicide note concerned the CJI's son?" Dave asked.

"We had sought an administrative direction, why was it taken on the judicial side? We want to know the reason behind it. There was a development on Monday evening. A former judge of the Supreme Court met me on behalf of the CJI. I do not want to say more. I beg your lordships to stay away from this case," Dave urged the bench of Justices Goel and Lalit.

Initially, Dave gave the impression that he was totally against the letter being put up for hearing in open court. Later, he wanted to know if it was to be put up for hearing, then why before a bench headed by a junior judge like Justice Goel, who is number 13 in seniority among the 28 SC judges.

 

"This letter brings forth a more serious issue than the one raised by Calcutta HC's Justice C S Karnan, which is being heard by a five-judge bench. So, why was a five-judge bench not constituted for this case? Why has it been assigned to a junior judge and not to number three (Justice J Chelameswar) or number four (Justice Ranjan Gogoi) or number five (Justice Madan Lokur)?" Dave asked.

 

When the bench appeared determined to proceed with the hearing, Dave said, "You (Justice Goel) were a colleague of the CJI in Punjab and Haryana HC. You should recuse yourself." Finally, Dave said his client (Dangwimsai) wanted to withdraw the letter to explore other avenues.

 

"We will now approach the vice-president for relief as the suicide note contains allegations against the President also. If the Supreme Court decides on the letter after converting it into a writ petition, then all other avenues for remedies will be closed," Dave said. The bench permitted Dangwimsai to withdraw the letter and said the withdrawal would mean that the cause of action initiated by the widow in writing to the CJI had ended.

 

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