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SOS e Voice For Justice & SOS e Clarion of Dalit
Thursday, 25 May 2017
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  3rd  degree   TORTURE  on common  people   to get  answers. Why  police  are   NOT  questioning   rich  , mighty  criminals ,  criminals  within the police force & judiciary , why  NOT  police  are  applying  3rd  degree TORTURE  on  those  CRIMINAL  POLICE  , JUDGEs  to elicit  truth  in national interest.

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

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

  Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

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

- Mahatma Gandhi

 

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

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

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

 

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

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

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

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

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

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

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

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

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

 Atrocities on  Women  by  JUDGES

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

   A – Z   of   Manipulation  of  Indian  Legal  System

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

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

 Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND

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

Rajiv Gandhi Assassination Cover-up

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

SHAME  SHAME  MPs  &  MLAs

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

JUDGEs  or  Brokers  of  Justice

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

 RTI  &  Land  Golmaal

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

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

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

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

Please give following  information  :

Main  A :

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

 

Main  B :

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

2. what action taken casewise ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

 

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

 

PUBLIC INFORMATION OFFICER   WHO FAILED  TO GIVE INFORMATION :

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

 

FEES PAID : IPO  16G  733465  for rupees TWENTY only

 

 

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

 

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

 

 

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

 

To ,

RTI  Appellate  Authority ,

O/O Chief Justice of  India ,

Supreme Court of India ,

New Delhi.

 

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

 

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

 Atrocities on  Women  by  JUDGES

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

   A – Z   of   Manipulation  of  Indian  Legal  System

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

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

Justice  Sathasivam -  Are  you  DEAF  DUMB  &  BLIND

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

Rajiv Gandhi Assassination Cover-up

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

SHAME  SHAME  MPs  &  MLAs

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

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

Main  A :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Main  B :

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

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

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

Main  C :

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

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

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

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

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

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

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

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

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

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

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

 Main  D :

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

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

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

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

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

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

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

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

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

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

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

HONOR OF INDIAN PALIAMENT FOR SALE

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

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

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

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

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

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

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

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

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

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

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

 

Main   E  :

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

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

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

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

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

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE FULL INFORMATION:

CPIO , SUPREME  COURT OF INDIA , NEW DELHI.

 FEES PAID : IPO  16G  733465  for rupees  TWENTY  only

 

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

 

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

 

 

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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Posted by naghrw at 11:18 PM
Saturday, 20 May 2017
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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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 : 

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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 3rd degree torture , arrest / search  , seizure without warrant , arrest in mid night , etc . While they are supposed to take action against rich crooks , their own corrupt colleagues  no suo motto action , delayed action inspite of complaint  allowing time for rich crook to get anticipatory bail , no 3rd degree torture on him , no arrest , search , seizure without warrant. Where is the bravery , courage of police ?

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


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

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

 

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

 

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

 

date :  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 rd 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 9th 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 1st 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 1st  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)

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)

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)

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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Posted by naghrw at 4:18 PM
Tuesday, 16 May 2017
SCI Judges Illegal Actions

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

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.20........20 / 05 / 2017

 

Editorial :  SCI Judges  –  Illegal Actions

     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

 

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 rd 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.”

 

 

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Posted by naghrw at 12:59 AM
Wednesday, 10 May 2017
CJI Khehar Murders Justice Truth
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.19........13 / 05 / 2017

 

 

Editorial : CJI  Khehar  Murders  Justice  Truth

 

    Judicial Mafia scored a point in the power game , by silencing one more voice seeking justice. Corrupt judges protected from law shamelessly.

    Today  Supreme Court bench headed by chief justice of india Justice Khehar has  passed final verdict in contempt case against  high court judge Justice Karnan and sentenced Justice Karnan  to 6 months imprisonment.

    In it’s order it has stated “Justice Karnan is a Citizen first and  Judge afterwards , law is equal and same for all”. CJI  teaching , lecturing is good. However does not this lesson apply  to the lecturer himself – CJI Khehar , his  fellow judges. They are behaving since years  as though they are above law  in an arrogant manner.

    What is the crime of Justice Karnan ? Whistle blowing  on corruption in judiciary ? This  issue would not have prolonged this far , has the CJI ordered for an impartial enquiry based  on the application sent by Justice Karnan sent to CJI detailing  corrupt judges. CJI didn’t act , didn’t do his constitutional duty. Then Justice Karnan appealed  to prime minister of India and President of india. Enraged by this , CJI  transferred Justice Karnan to another state high court , stripped him of his powers. 

  A  person committing an illegal act is a CRIMINAL , in the same way  a person who aids a criminal in hiding his crime , manipulating evidences , shielding criminal from law is also  a CRIMINAL. In the instant case  CJI is shielding corrupt judges  while  Justice karnan is whistle blowing , trying hard to throw light on corrupt judges , logically decide who is a criminal.

   As the act of CJI’s   intentional negligence to act upon Justice Karnan’s application  detailing corrupt judges in not right , CJI  publicly  doubting  a sitting judge’s  mental health is not right , CJI  transferring & stripping  all powers from Justice Karnan is not right   in the same way a frustrated crusader Justice Karnan’s way of expressing  his  anguish against  corruption supporting judges is also not right. He could have choosen more  balanced approach.

   CJI and  supreme court of india  legally doesn’t  have power to  convict  Justice Karnan , maximum they can refer it to Indian Parliament for appropriate action.

   There are other cases where in judges have committed gravest crimes , SEX Crimes against women judges , usurped illegal lands , etc , all their cases are white washed. Some of those judges even got promotions , because they were from forward castes and had powerful backing.

   CJI  Justice Khehar  and President of India Pranab Mukherjee themselves face  Corruption allegations by  late Arunachal Chief Minister Mr. Kalikho Pul. NO ACTION , Why ?  Because they  are from forward caste and has powerful backing.

   Justice Karnan , Justice Gawl & Justice Ramakrishna  are from oppressed  DALIT community  , no backing. Therefore they were further oppressed not for doing any crimes  but for upholding law.  This is true india , even after  69 years of independence  DALIT ATROCITY continues , but CJI & bench colleagues are not  bound by SC & ST Atrocity prevention act !!!!!

SHAME   to  Judicial Mafia.

 

Read :

https://sites.google.com/site/eclarionofdalit/cji-covering-up-corruption ,

https://sites.google.com/site/sosevoiceforjustice/karnan-vs-criminal-cji  ,

 

 

SC Order On Justice Karnan A Dangerous Precedent

By Indira Jaising

 

Can contempt powers be used to circumvent the provisions of Article 124 read with Article 217 of the Constitution? Does the removal of judicial functions of a judge not amount to removal of a judge? Does sending a judge to prison not amount to removing him from performance of his duties of office?

The order in contempt sets a dangerous precedent where the Supreme Court can remove any judge of a high court or indeed of the Supreme Court in contempt powers and do indirectly what they cannot do directly.

Once the power is asserted, it can be exercised for any reason whatsoever. The Supreme Court has no discipline jurisdiction over the high courts and their judges, as they are not subordinate to the Supreme Court in such matters.

The Parliament alone has the power to remove a judge. Nor can the conduct of a judge be discussed, except on a removal motion. This is non-negotiable.

This is what mantains the independence of the judiciary. Surely the Court could have sent a report to Parliament requesting a motion to be moved.

After all, the Attorney General with great conviction agreed that Justice Karman had committed misconduct, so what was the hurdle? Such a course was adopted before by Justice Balakrishnan in the case of Justice Sen of Calcutta.

True, Justice Karnan was due to retire in June. For that, Mr. K.K.Venugopal had the perfect solution: leave him alone, till then justice would be served. And as for the order to examine him for mental illness, its legality leaves much to be desired as no person can be medically examined without an informed consent. Moreover, mental illness unfortunately carries still a stigma.

I do not support or approve of his conduct and behaviour, but may I ask why was he appointed in the first place? Who will take responsibility for that? Only questions, no answers.

Indira Jaising


CJI  Khehar Confessed  criminal

 

CJI & his coterie  of  criminal judges  confessed to crimes , by not replying to show cause  notice issued to them. Thereby , CJI & corrupt colleagues  showed contempt to constitution of india , citizens of india and  to the  very offices these judges  occupy. Thereby , CJI &  coterie are showing  total disregard to national security , safety of citizens  , etc while shamelessly  taking pay hikes , 5 star pay , perks from public exchequer.

 

Now  consider the case of  Justice Karnan. First  he raised the issue of corruption by tamilnadu high court judges . He sent his  representation  to CJI  as per official procedure , instead of enquiring the case CJI sat over the file to protect corrupt judges. When  Justice Karnan  repeatedly raised this issue with other constitutional authorities , his judicial powers were withdrawn & transferred to silence him.

 

Is  raising voice against corruption a crime , madness , mental imbalance ?  So , if one doesn’t raise his voice against  crimes  and becomes a part of criminal mafia in their  scheme of things , it is acceptable , their mental health good ?

 

These criminal judges and other learned advocates   who are questioning the  mental health of justice karnan in public , are defaming him. Of course  Justice Karnan is not like these learned CJI , his coterie of judges  ,  few advocates , other  accusers of karnan who are  illegally benefitting , running this legal mafia of  corruption , judgement fixing. Justice Karnan being honest , a whistle blower is a misfit among this legal mafia. He is not scheming , cunning as these legal mafia dons.  These legal mafia dons  are  torturing this  dalit judge  , as he doesn’t belong to powerful caste & doesn’t have political patronage.  These  acts  of  CJI , other  Judges ,  attorney general  , Ram Jethmalani  and others  are  clear case  of  DALIT  ATROCITY  against Justice  Karnan.  When  a  guard   himself  steals , where is justice ? 

 

Supreme court Judges , police  warrant  others , public to  obey it’s orders and to  reply to their questions , notices. In the same way why Supreme court Judges , CJI , Police are not  obeying the orders , notices  of  Justice Karnan ?

 

Judges , police  warrant  others , public to  obey it’s orders and to  reply to their questions , notices. Police  even illegally apply 3rd degree torture methods to get  answers they want.  In the same way why Supreme court Judges , CJI , Police are not  answering the  notices , questions raised by our publication ?

 

Judges & Police are not above citizens  of india. All are equal.

 

A crime may happen without the notice of police , a crime cann’t continue  for long without the notice , connivance of police. A crime brought to the notice of  judge cann’t continue without the connivance of judge.

 

Our whole hearted respects to honest few in judiciary , police & public service who are an exception.   

 

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 ?         

 

           Judges & Police themselves must first learn to respect  human beings  as human beings. When you treat them like animals  they will also reciprocate do remember.  Or else  the almighty will ensure DOG’S DEATH to corrupt judges & police. On the D Day in the Almighty’s court  corrupt judges & police will face  ultimate punishment , no match fixing possible.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 

 

CJI  Covering  up  corruption

CJI  -  Are all Judges Honest ?  Satya Harishchandra  ?

 

Ugly  Face  of  Judiciary

https://sites.google.com/site/eclarionofdalit/ugly-face-of-judiciary

 

All  Judges  are NOT  Right

https://sites.google.com/site/sosevoiceforjustice/all-judges-are-not-right 

 

Judges  SEX  crimes

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

 

High Court  Judges  Favoring  Land  Mafia

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

 

 Judge’s Mafia  against  KARNAN

https://sites.google.com/site/sosevoiceforjustice/judge-s-mafia-against-karnan ,

https://sites.google.com/site/eclarionofdalit/justice-karnan-victimized ,

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

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

 

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

 

 

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

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

 

Eight chief justices were corrupt: Ex-law minister

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

 

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

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

 

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

 

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

Karnan    Vs  Criminal  CJI

https://sites.google.com/site/sosevoiceforjustice/karnan-vs-criminal-cji  ,

https://www.scribd.com/document/346793283/Karnan-Vs-Criminal-CJI  ,

 

 

 Hon’ble  CJI    by sending hundreds of policemen to   serve arrest warrant to Justice Karnan  as if to arrest a dreaded  criminal  and by calling a judge as lunatic and  asking  police force to produce  him for medical examination  with  force  , you are  stooping to a low level .  You  and incumbent   president of india are also accused of corruption by  former Arunachal Pradesh chief minister  late Kalhikho pul. You are  intentionally deviating from core issue of corruption by high court , supreme court judges and president of india.  You are accused of crime  and you are trying all out  to hide those crimes , corruption issues and to protect your corrupt colleagues.  CORRUPTION   IS  A PUNISHABLE  OFFENSE  and  hiding , covering up crimes , criminals  is also one more offense. When you are the accused , how can you judge your own case.  Before going further  on contempt charges against karnan  , supreme court must  immediately  take up corruption charges against incumbent president of india , chief justice of india and  corrupt judges accused by Justice karnan.

 

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

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

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

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

   Hereby , we  demand Honourable Supreme Court of India :

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

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

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

4.       To immediately stay all contempt proceedings against Justice Karnan  till the corruption charges leveled by him  against  high ranking judges are enquired into.

5.       To immediately   post all the cases  concerning  Justice Karnan  , to a neutral bench  to conduct trial in a transparent manner as the  accused  are  incumbent chief justice of india  and  a supreme court judge. An accused cann’t be a judge in his own case.

6.       Even though  Justice  Karnan is in good health as  stated by him and his family , CJI is hell bent to subject him to forcible medical examination.  It is gross violation of Karnan’s human rights. If at all CJI wants to go ahead , on an equal footing  CJI , his bench colleagues ,  Advocate General Mukul Rohtagi , learned ( ?) advocate Ram Jethmalani must  also be subjected to  medical tests , psychiatric tests , polygraph , lie detector tests  by a neutral agency in a transparent manner.

7.         The outrageous acts , orders of supreme court  judges  repeatedly ,  itself proves that indeed they are involved in the crimes of corruption  or  it’s cover up  or  both. Which is beyond doubt.

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

 

Stop targeting whistleblower Justice Karnan. Clean up the judicial system

 By  Mathews J Nedumpara 

 

Senior advocate Ram Jethmalani recently wrote a scathing letter to the Calcutta High Court’s Justice CS Karnan, advising him to take back every word he has said about two Madras High Court judges and pray for pardon. Jethmalani has termed Justice Karnan’s actions as lunatic. Neither me nor the National Lawyers Campaign for Judicial Transparency and Reforms (NLC), of which I am the president, supports Justice Karnan nor justifies his “tantrums”. However, the NLC supports Justice Karnan because corruption has spread its tentacles in the justice delivery system.

Justice Karnan’s anger might be out of feelings of discrimination, isolation and, or, humiliation. His attack on his brother Judges of the Madras HC, sitting and retired, is perhaps vindictive. He accuses them of having indulged in corruption, nepotism and malpractice. Though many accused of corruption and malpractices by him could be innocent or could have indulged in venial and not venal act of corruption or malpractice, the allegation against at least a few of them may not be unfounded.

But the question to be answered is whether alleging corruption against sitting or retired Judges of the high court or the Supreme Court amounts to contempt of court as defined in Section 2(1)(c) of the Contempt of Courts Act, 1971 or will it attract the inherent jurisdiction of the Supreme Court under Art.138, r/w. Arts. 140 and 142 of the Constitution to punish a person for contempt of court.

 

The concept of contempt of court is a cathartic jurisprudence, which has its origin in the Canon Law and, in particular, the Canon Law of the Dark Ages, a jurisprudence of a time when the offence of heresy, nay, contempt of the Church, where the contemnor is burnt alive at a stake.

The in terrorem (a legal threat, usually one given in hope of compelling someone to act without resorting to a lawsuit or criminal prosecution) jurisprudence of contempt of Court militates against all canons of justice and fair play; it flourished in the Middle Ages when Inquisition was the mode of justice administration, where contemnor was tortured to extract guilt. The foundation of The Contempt of Courts Act, 1971 on the jurisprudence of the Dark Ages is classically exemplified in Sub-Section (5) of Section 17 of the Act.

Our constitutional and criminal laws are founded on the principle that the guilt against a person accused of an offence ought not to be wrung out of him, but has to be proved against him by other men and means.

Sub-Section (5) of Section 17, supra, places the burden to prove his innocence upon the contemnor; it requires him to file an affidavit in support of his defence and empowers the Court to determine the matter on the affidavit of the contemnor. Section 17(5) of the Contempt of Courts Act, 1971, therefore, is in violation of Article 20(3) of the Constitution, which states that no person accused of any offence shall be compelled to be a witness against himself; so too Arts. 21, 14 and 19 thereof, which are required to be read together.

 

The power of contempt, as is presently exercised by the judges of the higher judiciary is, with much respect, more susceptible to be abused than used.

I have witnessed such misuse often against the voiceless, the outspoken and persons who are upright. The power of contempt has often been misused against the voices of truth, even though truth is an undeniable defence against contempt proceedings.

Resorting to the power of contempt without application of judicial mind has ramifications. It creates fear, a terror, and worst, hatred, in the minds of citizen. As pointed out, the fear has led to not venturing to write anything about the functioning of the judiciary, except eulogising and flattery.

Undoubtedly, in the suo motu contempt of court proceeding against Justice Karnan, the prosecutor and the judge, both at once, are the judges themselves. The contempt of court law is undemocratic and, assuming it to be otherwise, the question is, could any action lie against Justice Karnan?

It certainly will not, as:

Even assuming that Justice Karnan has made allegations of corruption and malpractices against his judges, he has not committed any contempt of court.

The concept of equality before law and equal protection of law is at the core of the Constitution.

For the judges against whom Justice CS Karnan has made the allegations of corruption, the law provides for remedy, both civil and criminal.

It is enough to refer to the suit filed by Justice PB Sawant, former judge of the Supreme Court, against Times Now claiming Rs 100 crore as damages to support my contention that law provides for adequate remedy if Justice Karnan has made false or scurrilous allegations against his brethren.

Is it then right for me to expect the vilified judges to institute civil and criminal cases like ordinary citizens? Yes, because in the eyes of the law, all are equal; the immunity which judges enjoy is for what they do from the seats of justice.

I am made to understand that some of the allegations made by Justice Karnan are against the chief justice of the Madras High Court on the administrative side about the construction of court complexes, appointment of judges. It must be said that a situation where judges are accused of corruption and they are forced to institute civil and criminal cases is against their prestige and honour and is no way an ideal situation.

Corruption is undoubtedly spreading its tentacles in the corpus of the justice delivery system, which does not merely mean judges alone.

There ought to be a remedy. The remedy is not in silencing the whisleblowers with the guillotine of contempt of court. There’s a need to bring into existence a credible mechanism by which allegations of corruption, nepotism and malpractices against judges are investigated and those who are guilty are brought to book without impinging their independence and the sanctity of the justice delivery system.

The judicial function has been considered to be sacrosanct; courts are temples of justice; its majesty and credibility and the confidence of the public has to be zealously guarded, but not by silencing whisleblowers and upright men and women who dare to point out instances of corruption, nepotism and malpractices, risking their professional prospects, nay, even their freedom and liberty.

 

Atrocities against Dalits by Judges

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

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

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

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

  So many dalits , weaker section people   were  cheated  of  their job oppurtunities in mysuru university , KSOU , Various Government  Medical  colleges , Government aided  ITIs , Polytechnics in Karnataka state  by scheming  upper caste officials.  Inspite of repeated appeals , why apex court has not taken legal prosecution to logical end and ensured justice to  aggrieved dalits ?  What action supreme court has taken against  KPSC , VYAPAM members who denied  job oppurtunities to merited candidates , dalit & weaker section candidates ?  ? let alone take  suo motto action . No action to logical end.  Day in day out  there are rampant atrocities against dalits , weaker sections of people. Supreme court judges are enjoying lakhs of rupees pay , perks , 5 star bungalows  , foreign trips , weeks long summer / winter  paid  vacations  , proposed triple  fold salary hike  all at tax payer’s expense.  These judges must be first booked for “Atrocities against Dalits , Weaker sections”  under SC / ST Atrocities Prevention Act.

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

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

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

3.                   Immediately give justice to past Sukma Dalit Judge Mr. Gwal who was unjustly removed , to kadapa judge Mr Rama Krishna and to Justice Karnan.

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

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

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

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

8.    Immediately admit PILs  presented before supreme court of india by our publication .

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

 

#karnan   #supremecourt     #chiefjustice

 

 

 

 




Editorial :  UNFIT   people  selected as Judges , Police ,  Prosecutors

        Our whole hearted respects to honest few in judiciary , bar , legal profession  , police & public service.  This article is only  directed towards few rogues in the legal profession , police , Read the following web pages  , it is only the tip of ice berg.  UNFIT  candidates  lacking merit , honesty , integrity  are being selected as judges , police , public prosecutors ,  taluk / district magistrates through illegal means.   On top of all , these  people  behave like rogues  on common people   while kowtowing  before rich  crooks.

    Therefore , all the people arrested , charge sheeted  by police are NOT criminals , in the same way all people convicted by  judges are NOT criminals. As  there may be CRIMINALS  in Khaki , Judicial robe , lawyer’s gown itself.

   During trial of a case , as  accused is subjected to   thorough background check  by prosecution , police & judges. In the same way people  , defendants  , parties in cases have a right to examine thoroughly  the  antecedents , back  grounds  of public prosecutors , lawyers , police , judges handling the case to ascertain  whether they are honest or  rogues.

    Jai Hind. Vande Mataram.

 

Your’s sincerely ,

Nagaraja   Mysuru   Raghupathi.

 

Public Prosecutor   Appointment Scam

http://starofmysore.com/assistant-public-prosecutors-appointment-scam-unearthed/ ,

https://www.youtube.com/watch?v=WAEBJsp_Zsg ,

 

Four Arrested in  Delhi Police Recruitment Scam

http://indianexpress.com/article/india/india-news-india/four-arrested-in-delhi-police-recruitment-scam-2998152/  ,

https://en.wikipedia.org/wiki/Vyapam_scam ,

 

KPSC  , Scam

http://www.dailymail.co.uk/indiahome/indianews/article-2362317/CID-probe-exposes-jobs-marriage-scam-KPSC.html  ,

http://bangalore.citizenmatters.in/articles/kpsc-recruitment-scam-cid-report-confirms-malpractice ,

 

Judge   Selection   Illegal

http://www.dailymail.co.uk/indiahome/indianews/article-3300929/Did-judges-children-special-treatment-Supreme-Court-examine-answer-sheets-Delhi-judicial-exam-2014-favouritism-complaints.html  ,

http://www.timesnow.tv/india/video/sc-judge-rips-into-cji-headed-collegium-shuns-selection-meetings/48804  ,

http://timesofindia.indiatimes.com/city/kochi/Discrepancies-in-magistrate-test-evaluation-HC-asks-for-registrys-views/articleshow/46470410.cms  ,

 

Top police official in Kerala allegedly caught red-handed while copying in LL.M. exam

http://www.livelaw.in/top-police-official-in-kerala-allegedly-caught-red-handed-while-copying-in-ll-m-exam/  ,

 

Judges Suspended For Mass Copying

http://news.fullhyderabad.com/hyderabad-news/five-judges-suspended-for-mass-copying-1434.html   ,

 

 

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

 

Judges  , Police  - TRAITORS

https://sites.google.com/site/sosevoiceforjustice/judges-police---traitors-1   ,

 

Notice  to  Chief  Justice  of  India

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

 

FIRST  Answer  Judges  Police

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

 

Are  all  Judges  HONEST ? Satya Harishchandra ?

https://sites.google.com/site/eclarionofdalit/are-all-judges-honest-satya-harishchandra  ,

 

 

 

DECLARATION

 


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


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


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


Periodicity : WEEKLY


Circulation : FOR FREE DISTRIBUTION ON WEB


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


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


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


Nationality : INDIAN


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


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


Home page : 

http://evoiceforjustice.dalitonline.in/  ,

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

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

http://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

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

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

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

 

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

 

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

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

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

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

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


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

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

 

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

 

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

 

date :  29.04.2017…………………………..Your’s sincerely,

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



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

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

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

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

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

http://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

 

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

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

A   Member  of  Amnesty  International   

 


Posted by naghrw at 12:59 AM
Sunday, 30 April 2017
Karnan Vs Criminal CJI

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

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.18........06 / 05 / 2017

 

Editorial : CJI  Khehar Confessed  criminal

 

CJI & his coterie  of  criminal judges  confessed to crimes , by not replying to show cause  notice issued to them. Thereby , CJI & corrupt colleagues  showed contempt to constitution of india , citizens of india and  to the  very offices these judges  occupy. Thereby , CJI &  coterie are showing  total disregard to national security , safety of citizens  , etc while shamelessly  taking pay hikes , 5 star pay , perks from public exchequer.

 

Now  consider the case of  Justice Karnan. First  he raised the issue of corruption by tamilnadu high court judges . He sent his  representation  to CJI  as per official procedure , instead of enquiring the case CJI sat over the file to protect corrupt judges. When  Justice Karnan  repeatedly raised this issue with other constitutional authorities , his judicial powers were withdrawn & transferred to silence him.

 

Is  raising voice against corruption a crime , madness , mental imbalance ?  So , if one doesn’t raise his voice against  crimes  and becomes a part of criminal mafia in their  scheme of things , it is acceptable , their mental health good ?

 

These criminal judges and other learned advocates   who are questioning the  mental health of justice karnan in public , are defaming him. Of course  Justice Karnan is not like these learned CJI , his coterie of judges  ,  few advocates , other  accusers of karnan who are  illegally benefitting , running this legal mafia of  corruption , judgement fixing. Justice Karnan being honest , a whistle blower is a misfit among this legal mafia. He is not scheming , cunning as these legal mafia dons.  These legal mafia dons  are  torturing this  dalit judge  , as he doesn’t belong to powerful caste & doesn’t have political patronage.  These  acts  of  CJI , other  Judges ,  attorney general  , Ram Jethmalani  and others  are  clear case  of  DALIT  ATROCITY  against Justice  Karnan.  When  a  guard   himself  steals , where is justice ? 

 

Supreme court Judges , police  warrant  others , public to  obey it’s orders and to  reply to their questions , notices. In the same way why Supreme court Judges , CJI , Police are not  obeying the orders , notices  of  Justice Karnan ?

 

Judges , police  warrant  others , public to  obey it’s orders and to  reply to their questions , notices. Police  even illegally apply 3rd degree torture methods to get  answers they want.  In the same way why Supreme court Judges , CJI , Police are not  answering the  notices , questions raised by our publication ?

 

Judges & Police are not above citizens  of india. All are equal.

 

A crime may happen without the notice of police , a crime cann’t continue  for long without the notice , connivance of police. A crime brought to the notice of  judge cann’t continue without the connivance of judge.

 

Our whole hearted respects to honest few in judiciary , police & public service who are an exception.   

 

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 ?         

 

           Judges & Police themselves must first learn to respect  human beings  as human beings. When you treat them like animals  they will also reciprocate do remember.  Or else  the almighty will ensure DOG’S DEATH to corrupt judges & police. On the D Day in the Almighty’s court  corrupt judges & police will face  ultimate punishment , no match fixing possible.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 

 

HC judge sets fresh deadline for CJI and other SC judges

 

Justice CS Karnan of the Calcutta High Court on Friday “reposted” to May 1 the matter regarding appearance before him by the Chief Justice of the Supreme Court and other Supreme Court judges.

Karnan had on April 13 issued a suo motu judicial order against Chief Justice of India JS Khehar and six other Supreme Court judges (Justices Dipak Misra, J Chelameswar, Ranjan Gogoi, Madan B Lokur, Pinaki Chandra Ghose and Kurian Joseph) and asked them to appear before him by 11.30 am on April 28 for “violation of the Scheduled Caste and Scheduled Tribes Atrocities Act” by them.

 

As expected, none of the SC judges showed up before Karnan on Friday, prompting Karnan to issue a fresh order. The order said, “Today, the above mentioned accused 1 to 8 are called absent, hence this matter is reposted to May 1 to enable their reappearance.”

 

From the seven accused mentioned in the April 13 order, the number of accused on Friday rose to eight after Karnan added the name of Justice R Banumathy of the Supreme Court to the list.

 

“The first (CJI Khehar) and the eighth accused have passed an identical order on February 15, 2016, without procedure according to law and restrained my judicial and administrative assignments at the Madras High Court. Therefore, the 8th accused impleaded as a necessary party/accused in the common judicial order. The advance notice already sent to the 8th accused namely, Justice R Banumathy,” the order issued by Karnan from his Kolkata residence said.

 

The common suo motu judicial order passed by Karnan on Friday, “in the interest of the nation to protect the general public from corruption and unrest”, directed the Air Control Authority, New Delhi to prevent the “accused 1 to 8 from going abroad”.

 

If the accused were allowed to travel abroad, they might spread the “virus of caste discrimination”, Karnan said.

 

The Supreme Court had earlier initiated contempt-of-court proceedings against Karnan after he wrote to the Chief Justice of India, the Prime Minister’s Office, the Union Law Ministry and others, levelling corruption charges against the Chief Justice of the Madras High Court.

 

The apex court, in an unprecedented move, had also issued a bailable warrant against the sitting Calcutta High Court judge in March to ensure his presence before the court after his repeated non-appearance.

On March 31, Karnan finally appeared before the Supreme Court which then gave him four weeks’ time to tender an unconditional apology or give in writing his stance on the matter.

 

Friday is the last day of the four-week deadline set by the Supreme Court. Karnan had earlier made it clear that he would not appear in the SC for the purpose.

 

Justice Karnan ‘reimposes’ foreign travel ban on CJI, 7 other SC judges

 

The defiant judge, who is barred from carrying out judicial and administrative duties, gives the directive in a suo moto order.

 

Defiant Calcutta high court judge justice C S Karnan on Friday directed the “Air Control Authority, New Delhi,” not to permit Chief Justice of India J S Khekar and seven other judges of the apex court to travel abroad.

Karnan, who is facing contempt charges and is barred from carrying out judicial and administrative duties, gave the suo moto order at his New Town residence in the eastern fringe of Kolkata.

The HC judge, who has so far passed four suo moto orders against the CJI and other SC judges, added to the list of the said accused the name of a woman judge, R Banumathy for the first time.

Karnan had imposed the ban on foreign travel of the SC judges in his earlier order passed on April 13. In the order he had asked them to appear before him at his New Town residence by April 24 for “violating” his rights as a Dalit and “humiliating” him in public.

In his order, he termed the seven SC judges “national offenders” and alleged they had shown caste prejudice and insulted him on March 31 by questioning about his mental health.

“Hence all the seven judges are offenders under the Scheduled Caste and Scheduled Tribes Atrocities Act,” said the nine-page signed order.

“The Hon’ble judges will appear before me at my Rosedale Residential Court and give me their views on the quantum of punishment for the violation…..,” he had said in the order.

In his two-page order passed on Friday, Karnan once again referred to the “caste discrimination,” and said none of the judges should be allowed to leave the country since they did not appear before him.

He extended the deadline for their personal appearance to May 1. Incidentally, on that day is also supposed to appear before the Supreme Court.

About the inclusion of the woman judge in the list of accused, Karnan wrote, the “first (the CJI) and the eighth (Justice R Banumathy) accused have passed an identical order on February 15, 2016 without procedure according to law and restrained my judicial and administrative assignments at the Madras high court. Therefore, the eighth accused impleaded as a necessary party/accused in the common judicial order.”

During his last appearance before the seven-judge bench headed by the CJI, Karnan, he had said he would apologise in the contempt case only if the court restored his judicial and administrative work.

The SC did not accept this pre-condition and asked him to file his reply to the contempt charges within four weeks.

It also directed him to remain present in court on May 1. But he had told the court that he would not respond to the notice unless his judicial functions were restored.

 


 

 

 




Editorial :  UNFIT   people  selected as Judges , Police ,  Prosecutors

        Our whole hearted respects to honest few in judiciary , bar , legal profession  , police & public service.  This article is only  directed towards few rogues in the legal profession , police , Read the following web pages  , it is only the tip of ice berg.  UNFIT  candidates  lacking merit , honesty , integrity  are being selected as judges , police , public prosecutors ,  taluk / district magistrates through illegal means.   On top of all , these  people  behave like rogues  on common people   while kowtowing  before rich  crooks.

    Therefore , all the people arrested , charge sheeted  by police are NOT criminals , in the same way all people convicted by  judges are NOT criminals. As  there may be CRIMINALS  in Khaki , Judicial robe , lawyer’s gown itself.

   During trial of a case , as  accused is subjected to   thorough background check  by prosecution , police & judges. In the same way people  , defendants  , parties in cases have a right to examine thoroughly  the  antecedents , back  grounds  of public prosecutors , lawyers , police , judges handling the case to ascertain  whether they are honest or  rogues.

    Jai Hind. Vande Mataram.

 

Your’s sincerely ,

Nagaraja   Mysuru   Raghupathi.

 

Public Prosecutor   Appointment Scam

http://starofmysore.com/assistant-public-prosecutors-appointment-scam-unearthed/ ,

https://www.youtube.com/watch?v=WAEBJsp_Zsg ,

 

Four Arrested in  Delhi Police Recruitment Scam

http://indianexpress.com/article/india/india-news-india/four-arrested-in-delhi-police-recruitment-scam-2998152/  ,

https://en.wikipedia.org/wiki/Vyapam_scam ,

 

KPSC  , Scam

http://www.dailymail.co.uk/indiahome/indianews/article-2362317/CID-probe-exposes-jobs-marriage-scam-KPSC.html  ,

http://bangalore.citizenmatters.in/articles/kpsc-recruitment-scam-cid-report-confirms-malpractice ,

 

Judge   Selection   Illegal

http://www.dailymail.co.uk/indiahome/indianews/article-3300929/Did-judges-children-special-treatment-Supreme-Court-examine-answer-sheets-Delhi-judicial-exam-2014-favouritism-complaints.html  ,

http://www.timesnow.tv/india/video/sc-judge-rips-into-cji-headed-collegium-shuns-selection-meetings/48804  ,

http://timesofindia.indiatimes.com/city/kochi/Discrepancies-in-magistrate-test-evaluation-HC-asks-for-registrys-views/articleshow/46470410.cms  ,

 

Top police official in Kerala allegedly caught red-handed while copying in LL.M. exam

http://www.livelaw.in/top-police-official-in-kerala-allegedly-caught-red-handed-while-copying-in-ll-m-exam/  ,

 

Judges Suspended For Mass Copying

http://news.fullhyderabad.com/hyderabad-news/five-judges-suspended-for-mass-copying-1434.html   ,

 

 

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

 

Judges  , Police  - TRAITORS

https://sites.google.com/site/sosevoiceforjustice/judges-police---traitors-1   ,

 

Notice  to  Chief  Justice  of  India

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

 

FIRST  Answer  Judges  Police

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

 

Are  all  Judges  HONEST ? Satya Harishchandra ?

https://sites.google.com/site/eclarionofdalit/are-all-judges-honest-satya-harishchandra  ,

 

 

 

DECLARATION

 


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


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


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


Periodicity : WEEKLY


Circulation : FOR FREE DISTRIBUTION ON WEB


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


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


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


Nationality : INDIAN


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


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


Home page : 

http://evoiceforjustice.dalitonline.in/  ,

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

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

http://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

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

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

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

 

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

 

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

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

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

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

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


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

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

 

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

 

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

 

date :  29.04.2017…………………………..Your’s sincerely,

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

 


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

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

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

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

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

http://naghrw.tripod.com/evoice/  ,  

http://e-voiceofhumanrightswatch.blogspot.com  

 http://paper.li/f-1368369249 ,

 

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

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

A   Member  of  Amnesty  International   


Posted by naghrw at 12:15 PM
Sunday, 23 April 2017
Boy's Death by Industrial Waste
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.17........29 / 04 / 2017

 

Editorial :  RIP  Harshal

Image result for boy death industrial waste mysore



 Image result for boy death industrial waste mysore

PIL –  Young Boy  HARSHAL ’s  Death due to Industrial Waste

 

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

 

District Pollution Control Board officer , Mysuru

Joint Director , Department of Industries , Mysuru

Joint Director , KIADB , Mysuru

Deputy Commissioner , Mysuru

& 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:

Young  boy  HARSHAL  died  by  burn injuries caused by industrial waste in mysuru , Karnataka.

During  planning of  Industrial Areas in Mysuru , waste dumping yards  were NOT  planned  suitably and  NOT  allocated   sufficient lands for the same , keeping in view  industrial requirements 20 years down the line.

It is like building a house without toilet.

It is criminal negligence of duty by KIADB , Industries department officials  who planned and approved  development  of these industrial sites.

It is criminal negligence of duty by  District Industries department   who gave  license  to these industries in the beginning without physically verifying  about  the waste disposal  methods of these industries.

It is criminal negligence of duty by Karnataka state pollution control board officials  who gave No Objection Certificate to these industries in the beginning without physically verifying  about  the waste disposal  methods of these industries.

 It is criminal negligence of duty by Karnataka state pollution control board officials , District Industries department officials  who  are  renewing   License /  No Objection Certificate to these industries  annually ,  without physically verifying  about  the waste disposal  methods of these industries.

It is criminal negligence of duty by Deputy  Commissioner ,  Mysuru District  to  ensure  adherence  to law by  other department officials.

It is criminal negligence of duty , violation of law , CRIMES  by  responsible Executives  / Owners  of the industries who are  dumping these industrial wastes in a  hush hush manner.

 

 

Read  details at following websites :

http://www.newscrunch.in/2017/04/teenager-dies-earth-suddenly-catches-fire-mysore-%E2%80%93-toxic-waste-dumped-says-official-video   ,

http://starofmysore.com/boy-walks-vacant-plot-loose-soil-succumbs-chemical-burns/http://starofmysore.com/boy-walks-vacant-plot-loose-soil-succumbs-chemical-burns/

http://indiablooms.com/ibns_new/video-details/N/92557/watch-soil-catches-fire-due-to-presence-of-rubber-factory-chemical-waste.html  ,

 

2. Question(s) of Law:

Is  commonman’s   life  so  cheap ,  dispensable ?  If so , why cann’t you  dispense off with the lives of  children  of  PCB , KIADB  officials , Industrialists  ? Are not officials  , Industrialists  accountable for this criminal act of negligence ?

 

3. Grounds:

Requests for equitable justice , Prosecution of  guilty officials ,  Responsible Industry owners.

 4. Averment:

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  present case, to perform their duties  & to  avert further  loss of lives.

 

PRAYER:

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

 

1.     To  order  for   fencing of the  whole area , where  industrial  waste is dumped causing  fire.

2.     To   order  for   24 X 7 police vigil  preventing any tress passers.

3.     To   order  for  supreme court monitored  enquiry , as the industrialists  are high & mighty and may manipulate the  samples itself.

4.     To immediately  order district administration  not to   go ahead  with  spraying other chemicals over the dumping yard  to neutralize the waste chemicals.  As it will alter the samples  and  criminals , guilty industrialists  will  escape.

5.     To  order for sample collection by multiple bodies , NGOs  , so that nobody can manipulate the samples.

6.     After  sample analysis by supreme court empanelled experts ,  based on expert advice steps to diffuse  chemical waste must be taken.

7.     To initiate criminal  prosecution against public  officials  who planned , approved these  industrial area without provision for suitable waste dumping yard.

8.     To order for  criminal prosecution against  guilty industrialists.

9.     To order for criminal prosecution against  KSPCB , KIADB , Industries department officials who gave NOC , renewing licenses every year  to these guilty industries.

10.  To order  Government of Karnataka , to pay two  crores compensation to  deceased boy Harsha’s family  immediately  and  to recover  it from the guilty industrialist.

11.  To treat this as a PIL and to issue writ of mandamus to concerned officials in the current case.

 

 

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

 

Dated :  19.04.2017……… ………………….FILED BY: NAGARAJA.M.R.

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

 

Shocking but true! Mysuru has no place for dumping industrial waste


Truth is like a bitter pill. It is tough to swallow. Mysuru, which has bagged the ‘Cleanest city’ award for two consecutive years, does not have an exclusive place for dumping industrial waste. Shocking but it’s true!

The industrial area in the Mysuru district does not have any specific place to dump the industrial waste or hazardous waste. As soon as the news of a 14-year-old boy Harshal, who succumbed with severe burns after stepping in to an open site at Sadanahalli, came to light, localites alleged that the boy may have died when he stepped in to the chemical and hazardous wastes that were dumped illegally in the open place.

City Today went on a reality check to identify where the chemical and industrial wastes are dumped in the city. We found that there is not even a single dumping yard or industrial waste disposal unit across the district.

There are over 11 industrial areas including Hebbal, Metagalli, Koorgalli, Belavadi and nearly 32,000 industries in the district but most of these industries do not have an earmarked place for dumping industrial wastes. Though there is a rule from the KIADB which states that at least 20 acres of land in all industrial area must be reserved for disposal of Hazardous waste, the concerned officials in the district have failed to act.

For more than a decade, Mysore industries Association (MIA) has been battling to bring a dumping yard in the district. In 2007, the MIA requested the KIADB to allot land to set up a waste disposal unit. However, in the year 2009, the state government allotted three acres of land near Koorgalli Industrial area and decided to grant the maintenance responsibility to MIA. But later, the KIADB handed over only part of the land from the allotted property. Realising the fact that the industrial waste can’t be disposed in the partial land, MIA requested the KIADB to at least provide 5 acre of land and the officials agreed orally. But nothing has happened so far.

Speaking to City Today, Secretary of MIA, Suresh Kumar Jain said, “There is no dumping yard or an industrial waste disposal unit in the district. Though we have met and discussed with the concerned officials to sanction a suitable place, the proposal is still in papers and hasn’t come in to force.”

“The issue was brought to the notice during single window meetings but no proper action has taken place till now,” he added.

Last year, Mysuru’s waste management scored over Chandigarh to clinch cleanest city title. It is high time for concerned officials to allot an exclusive place for dumping industrial waste in the district keeping health hazards in mind.

 

Mysuru: Boy's death - did currency note printing chemical wreak havoc?


Mysuru, Apr 18: It has been confirmed that waste containing water sensitive chemicals had claimed the life of a boy at Naganalli in the outskirts of the city.

A team of experts, led by the district administration, which collected samples of sand from the area, has sent them for laboratory testing. The team found that the temperature of sand at the spot, which is finer as compared to sand found in other areas in the village, has brown and grey hues. Temperature at the spot stands at 110 degree Celsius, which is quite high. Chairman of Karnataka State Pollution Control Board, Laxman, said that four samples from the spot and five from other areas around it have been collected and sent for testing. Geologists and environment pollution officials were among those who visited the area.

 

 

 

Some villagers have complained that discharge of poisonous chemicals by some factories located near this area has caused this catastrophe. Former chief minister of the state, H D Kumaraswamy, relying on certain sources, has placed the blame on the government mint in the city for the tragedy, duly accusing it of disposing off printing chemical waste at the spot. Secretary of Mysore Industries Association, Suresh Kumar Jain, also has supported this notion. He has alleged that the association had complained about the unscientific disposal of printing chemicals by Reserve Bank of India about five years back and that the Reserve Bank neither took steps to correct its mistakes nor did it establish waste processing plant.

Some scientists attribute this phenomenon to the presence of chemicals like Phosphorous and Sodium Hydrate. There have also been chances of graphite and lead having caused the death. The experts hope to receive test reports in about two weeks time. Senior environmental officer in Karnataka State Pollution Control Board here, K M Lingaraju, said that the officials were dumbstruck about the cause of fire in an open field where garbage or chemical were not found to have been strewn around. He also added that the place is far away from proper roads and that no tyre marks were found around the area.

In the meanwhile, district in-charge minister, H C Mahadevappa, announced an ex gratia of two lac rupees to the family of Harshal (14), who died of burns during his visit to the open field for defecation on Sunday. As Manoj (17) suffered burns after sitting on a heap of sand, Harsha