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SOS e Voice For Justice & SOS e Clarion of Dalit
Tuesday, 11 July 2017
Ban Beef ?

Dalit’s  Diary -  Weekly  Newspaper  On  Web  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.28… . 19  / 07 / 2017

 

 

 

 

SHOCKING  IMAGES :  Dark  Side  of   Eating  Meat

ADULTS  ONLY     Watch video :

https://www.youtube.com/watch?v=LCPNRsYij3o&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DLCPNRsYij3o&has_verified=1  ,

https://www.youtube.com/watch?v=KezHKbUzy0A ,

https://www.youtube.com/watch?v=MuW4lwa6FRI  ,

https://www.youtube.com/watch?v=Wf6vGNaCxgc  ,

 

Editorial  :  Dalits , Muslims & Cow Slaughter

-          An  Appeal  to  H.E.President  of  India

 

       Bigger stronger animal  feeds  on smaller weak animal.  Law of Nature.  In the same way , all over the world  in a particular area or  a  country stronger majority community   subjugates  the weak , smaller communities.  

       Since  centuries  dalits  were subjugated into doing menial jobs  and   their livelihood depended on whatever  was thrown  at  them.  Civilizations  dawned , people  became civilized in their  outlook , but deep inside  uncivilized , animal  resides in many people.

     There are good as well as bad people in all communities, religions & all walks of life.  Whenever  a terrorist  strike  happens ,  Muslims  are blamed.  For all miseries  in India , Dalits are blamed.  Just imagine  if there was no barber , how civilized a person will be without hair cutting ?  Just think there is no  sweeper   to clean drainage line ,  how   houses , roads will be  full of excreta , human rejections , how stinky &  disease prone it will be ? 

    Dalits are doing yeoman   commendable  service  to society ,  keeping  all the others in a civilized manner  in a healthy environment. Nobody recognizes their service.  Since centuries , dalits were entrusted with the job of removing carcass of cattles, it was not their choice, it was  mandated by majority community at that time. Being utterly poor ,  dalits  depended on  cattle meat for food and  used  bones , hides for footwear , etc. .  Now , few individuals  all of a sudden  are trying to turn upside down , this centuries old practice and  cow vigilantes are attacking  dalits. Few are taking law into their hands.  What  three  great  acharyas – Sri Shankaracharya , Sri Ramanujacharya , Sri  Madhwacharya  failed to achieve , what  Sri Gowthama Buddha ,  Sri Mahaveera  failed to achieve  stopping animal killing , now cow vigilantes are trying to achieve  the same with violence.

    Say , after two decades  few  groups , individuals will proclaim everybody must stop eating vegetarian food . Then  can  all veggies  turn into non veg , not feasible.   With regards to certain section of society eating non veg is a taboo , with others  non veg with exclusion of beef , pork is ok. Food is the choice of individual.

   Now ,  let us see the facts  for practical way forward :

1.      Since centuries Dalits  are in the  profession of  cow slaughter not by choice , but by compulsion of times.

2.      Since centuries  dalits &   others   are eating beef as it is cheaper than other meat.

3.      Cows  are  holy  for hindus equivalent to mother herself  and equivalent to god.  Cow products are  used since centuries in  hindu religious rituals.

4.      In rural house holds , when a  mother dies while delivering baby or  when  a mother  cann’t breast feed baby due to lack of milk  , COW in the  house hold becomes  a  surrogate  mother for the baby. Baby  feeds , lives on cow’s  milk.

5.      Inspite of such great respect  many hindu  folk  sell  old  , barren , diseased cows  to muslim or dalit   buyers  knowing  fully  well  that  buyer cann’t  get milk from  the cow  only he can get meat & hide from slaughtering it. Some  hindu  folk  drive away  old , diseased , barren cows  from their home. It is same as driving away old , diseased mother  , deserting our own mother.

6.      In  many Islamic  countries , jewish  countries    pig  meat /  pork  is banned ,  hindus  & Christians  who go to such countries for job / business   abide  by  laws  of Islamic countries.  They give up eating pork although way back in their home countries  they consume pork.

 

Practical Way  Forward :

1.      Banning cow slaughter , beef   is ok in national interest ,  in the  interest of religious sentiments of a community.

2.      Government must provide alternate food items to consumers at affordable prices than beef.

3.      Government  must  extend helping hand to Dalits , Muslims who are  in cow slaughter trade to switch over to other business.

4.      Government  must  charge sheet the seller of  cows , deserter of cows  not merely transporter  , buyer  or  the  butcher.

5.      Government must discourage farmers  from rearing cattles when they are incapable of  looking after old cattles.

6.      Government must educate people  about reducing  milk products consumption; When Milk  products consumption reduces automatically  rearing of cattle reduces.

7.      Most important of all ,  when  a pork  eating  Indian  goes to  Saudi Arabia  on job assignment and  lives  there for two decades. When he can  simply  give up pork , follow the rule of pork ban and change his dietary habbits ,  why cann’t others  reciprocate the same here with respect to beef ban.

8.      Government must adopt a way of educating  people about good dietary habbits  rather than policy  of stick.

9.      Cow vigilantes who take law into their own hands instead of reporting to authorities must be legally prosecuted.

10. Government must  set up   FREE  Cow sheds with  adequate fodder  supplies  all over the country on urgent basis to accommodate orphaned cows , diseased cows and old cows.  If government fails  to set up  it proves it’s  vanity.

 

Bottomline :  As per scientific studies , human beings digestive system has evolved to digest  vegetarian food  not non vegetarian food.  Choice is left to consumers.

 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus

By SKN WEB - Tuesday, April 28, 2015 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus. Recently I just came to know about the slaughterhouse rank in India, and most slaughtering are doing Hindus. After Brazil India is second highest, below is a pathetic story about slaughterhouse processes. Here India’s largest al Kabeer slaughterhouse taken in. I am not sure about the authenticity of this write-up, please being verified yourself.

 

Al-Kabeer exports Pvt.Ltd. Rudraram Village, Andhra Pradesh, Patancheru, Medak, Hyderabad – 500 033.

 

 Do you know that the biggest cow slaughterhouse (cow killing factory) in the WORLD is located just 30 km from Hyderabad in “Rudraram village” near Patancheru. It is called Alkabir in built nearly 400 acres of land with High security and most workers are Hindus. The story of Al-Kabir Hyderabad Tyranny: Don’t think that these animals are killed easily and painlessly. Their agonies start along before they are dead. They are brought to Alkair in trucks, from far away distances for economy, 20-25 huge buffalo are stacked up in each truck. Nobody cares to feed them food, or even water while in transit. They are packed so tightly in the truck, that they are hurt by each other. By the time they arrive, they are no more capable of standing on their own feet! They are moved with force of whips…


They are brought into the final ground, where at least a thousand animals are stored. This is their last open air. They are kept here for four days, hungry and thirsty. Then their legs are broken and eyes poked, so that a ‘Certificate’ can be obtained about their uselessness. The hunger and thirst of four days cause the hemoglobin to move from blood in to fat. The meat with higher hemoglobin fetches better prices. 


Now these animals are pushed into washing showers. Extremely hot water (200 degrees centigrade!) is sprayed on them for five minutes, to soften their skins, so they will be easy to remove. The animal’s faints at this point, but it is not dead yet. Now it is hung upside down with one leg, on a chain-pulley conveyor. Then half of the neck is slit. This drains the blood, but does not kill the animal. After death, the skin swells thick, which sells for a poor price. But the skin of live Animals is still thin, which has better economic value. On one side the blood is dripping from the neck, and on the other side a hole is made in stomach, from which air is pumped inside. This causes the body to swell, making it easier to peel the skin. After removing the leather, the animal is cut into four pieces: head, legs, body, and tail.

 

 The machines remove bones, and pack small pieces of meat into cans for shipping to Alkabir’s headquarters in Hyderabad. From there it is shipped to Mumbai for exporting to its final destination. Working! Most of the people working here are Hindus. The Director, Subhash Sabarwal, is an NRI in Dubai, and his brother, Satish Sabarwal, manages the plant. The other principals are Ghulam Mohammed Sheikh (Dubai), Dilip Himmat KothariB.N. Raman, etc. Even though the main workers on cutting machines are from Kerala and Muslims from Mumbai, the administration, security, etc. consists mainly of Hindus.

 

There are several other equally large (or large) plants in India, owned and operated similarly by NRI’s and Arab citizens in cooperation. The people working here are paid very handsomely. This is a big attraction. A monthly salary of Rs. 50,000 to 75,000 is common. At the site, there are many veterinarians, but their job is not to save healthy live. Their only concern is to see that the meat does not carry any germs which may hurt the customers. In fact, there is a small army of government veterinarians, whose job is to see that healthy and useful animals do not get butchered. But these corrupt officials write false certificates according to wishes of Alkabir. You cannot easily enter Alkabir, because outside people are not allowed in there. Even the local veterinarians and police cannot go inside, so there is no question about the other local poor people even coming close to its boundaries…Security is tightened at nights with hunting dogs. Now the neighboring people do not even come close to it.

 

SECONDLY

·         Beef exports up 44% in 4 years, India is top seller - The Times of India

·         Beef exports up 44% in 4 years, India is top seller - The Center's Pink Revolution to promote meat production and export has led to a 44% increase in meat consumption and export in four years, but it has failed to regulate...

 

THIRDLY

World Beef Exports: Ranking Of Countries

·         World Beef Exports: Ranking Of Countries Four (4) countries exported more than 1.1 million metric tons of beef in 2013: Brazil, India, Australia & the United States.

 

 World | 9,165,000 
Rank      Country                2013                      % Of World
1.            Brazil                    1,849,000             20.17%
2.            India                     1,765,000             19.26% 
3.            Australia              1,593,000             17.38% 
4.            United States     1,172,000             12.79%
5.            New Zealand      529,000                 5.77 

 

AGAINST CRUELTY IN INHUMAN SLAUGHTERHOUSES

 

"...Everyday millions of people go to McDonalds or Kentucky Fried Chicken and enjoy a juicy hamburger or consume a crispy, golden-fried chicken. Billions of families around the world eat meat and share laughs together over the dinner table. But, what goes on behind the closed doors of slaughterhouses before producers deliver perfectly packaged meat to our grocery stores? 

Employees of Kentucky Fried Chicken, one of the biggest fast-food chains of poultry, were caught in July 2004, torturing their chickens for fun. Workers were videoed stomping on chickens, kicking them, and slamming them violently against floors and walls. Workers also ripped the animals' beaks, twisted their heads off, spray-painted their faces, and squeezed the chickens' bodies until they would die.

Each year a person will consume 230 pounds of meat. Together, the world consumes 2.6 billion pounds of dairy cow a year. Eight billion animals a year are slaughtered for food. However, the conditions under which they are processed are brutal. For example, animals are supposed to have space when they are transported but instead they are packed together, not having any room to move, walk, and barely breathe. This causes many animals to become sick. Some die on the way. 

In fact, half a million animals a year that arrive at slaughterhouses are either dead or in unacceptable condition for slaughter. Many of the remaining animals have broken limbs. Even these are further injured when they are unloaded. 

Other forms of brutality include the "Halal method," where the animal's neck is slit in two and a half spots and, while conscious, allowed to bleed to death. A similar "method" is hanging the live, fully conscious animals upside down while their carotid arteries are cut. 

Once aware of these procedures, many fast-food fans are reconsidering their diets. "It is repulsive and sick what is being committed by humans to animals in the U.S.," said Ashley Coutier, a resident of Sparta. "It should be stopped as soon as possible." 

In 1960, the Prevention of Cruelty to Animals Act was passed, but unfortunately everyday laws are violated, and the truth needs come out. "I have heard about some of the things slaughterhouses do, but there are some things I just don't want to know and I am better off not knowing about," said Steve Snow, a sophomore at Sparta High School..."

http://media.www.tchnews.com/media/storage/paper840/news/2008/03/10/News/Animal.Cruelty.In.Slaughterhouses-3259951.shtml




"...A wise woman named Linda McCartney once said, %u201CIf slaughterhouses had glass walls, everyone in the world would be a vegetarian%u201D.

This is one of the truest statements ever made. If people thought about or saw what really happens to animals in slaughterhouses for more than a second, it would get to them and they would not be able to bring themselves to still be a carnivore. Those animals endure some of the cruelest treatment and neglect. Also, slaughterhouses are kept in the most unsanitary conditions and violate more laws then almost any other business. The slaughter of animals for human consumption should be banned.

First of all, the statistics show it would benefit land, animals%u2019 lives, and the grain and food supply if we stopped eating meat. Each person consumes 230 pounds of animals each year. Together we consume 2.6 billion pounds of dairy cow a year. There has been an increase in the amount of animals we consume and how much grain it%u2019s taking to feed them. Eight billion animals a year are slaughtered for food. [Ed. note: In 2002 the total was ten billion.]

The breakdown of each animal that is slaughtered is 38 million cows and calves, 95 million hogs, 5 million sheep and goats, 278 million turkeys, 20 million ducks, and over 7 billion chickens. The average cow should live 20 years but because they are not allowed to have a normal life and they are just raised to be slaughtered, the average life expectancy is 6 to 8 years, and sometimes even then the cows only live to 14 months. The amount of animals that are raised annually for slaughter is 30 times more then the total human population in the US, and more then the number of humans in the world.

Twenty years ago livestock consumed 6% of Mexico%u2019s grain and today they consume nearly 50%, and in Canada 77% of their grain is used to raise livestock. If American countries alone would reduce their meat consumption by just 10% that would save enough grain to feed 60 million people. The reality is it takes 4 acres of land to feed a meat eater, but only 1/2 an acre or less to feed a vegetarian. On 1/2 an acre of land 10,000lbs of apples and 20,000lbs of potatoes can be grown successfully into food. Only 100lbs of beef can be raised on that. Over a lifetime, a vegetarian will save 21 cows, 14 sheep, 12 hogs, and 1400 chickens from being slaughtered. They will also save 1 acre of trees a year from being cut down.

Slaughterhouses shouldn%u2019t be allowed to still be in operation. They have violated almost every restriction, law, and rule that has been placed on their industry. Almost everything added to the Prevention of Cruelty to Animals Act in 1960 is being violated. It%u2019s known that no matter what the animals condition is the butcher takes it into their own hands to make the most money possible. There are rules about loading and unloading that are broken every second. The animals are supposed to have space when they are transported but instead they are packed together like sardines.

There are rules about cruelty to animals such as no torturing or subjecting them to unnecessary pain and suffering, and no keeping them in cages that there is not sufficient room to go with their measurements. One of the biggest issues is that the animals are not supposed to be exposed to their own kind getting slaughtered, but they are constantly having to watch their own kind getting dragged mercilessly to their brutal death. It%u2019s also against the law to slaughter animals below 6 months, pregnant animals, sick animals, and young animals who are supplying milk. A slaughterhouse in Texas had 22 violations during a period of 6 months. During one of those inspections there were 9 live cattle found dangling from an overhead chain. Yet this is how slaughterhouses operate over and over again each day. It doesn%u2019t help that cases against them are usually not pursued because venturing deep into slaughterhouses is not an idea liked by officials. Transporting animals should be like transporting a human, each one having their own space and each one being reasonably taken care of.

However, if people were treated like the livestock while riding a bus or any other kind of transportation, many people would be facing serious charges. Just because it is abuse to an animal and not a human doesn%u2019t mean any less should be done about it. Animals are packed and pressed together so close into vehicles that they can%u2019t move and can barley breathe. A lot of times just in the process of loading the animals they will trample each other to death and blind one another with their horns. The law states that in that process they should have food, water, veterinary services, and protection from natural elements (wind, rain, fire, etc.). That is the care that any living thing should be entitled too. Those poor animals don%u2019t ever get to see a drop of any of those things though. While getting an animal from a distant place into the city where they are loaded, the animals are sometimes made to run there.

No matter what the whether conditions are. Red chili powder is put in their eyes in order to force them to run faster. They are beaten and severely tortured just to accomplish getting them to a destination. Sometimes the drivers of the vehicles make fast turns and stops that causes the animals to get knocked around and injured. The animals fall on each other which causes suffocation and more broken bones. When it finally comes down to unloading the animals, the condition they are in is appalling. Half a million animals a year that arrive at slaughterhouses are dead or in unacceptable condition for slaughter. Other animals are half dead but are still just picked up and thrown down on the concrete. Many have broken limbs but are further injured when they are getting unloaded. The handlers don%u2019t bother with kindness or care because they figure they are going to face the butchers knife anyway.

While keeping the animals before it%u2019s their time to be slaughtered they endure a series of inhumane procedures and treatment. PETA described what they witnessed one morning at a slaughterhouse %u201CBy 10:00 a.m. there were already more than a dozen downed cattle. One bull kept trying to rise to his feet but could not. He struggled before collapsing under the scorching sun, blood oozing out of his nose; his legs and horns broken.%u201D This is one example of what someone saw, but there are things that happen like that every day.

There is also a videotape that was secretly set up in an Iowa pork plant that caught live hogs squealing and kicking as they were being lowered into a tank of water. Unfortunately, there are things that are more unbelievable then that which happen and have not been caught on tape yet. However, even though it%u2019s not captured on tape we do know some other things that happen in slaughterhouses. Some of the treatment includes the use of electric prods, castration with no anesthetic, branding and tail docking with no pain relief, and hot iron de-horning with no pain relief. The de-horning involves pressing scorching heat onto the calves horns for a full 30 seconds then repeating it on the other side for another 30 seconds. Also, de-beaking with no pain relief. For that they use hot glue guns or cigarette lighters to cut through bone, cartilage, and tissue of the birds. In a different part of the slaughter house there may be birds that are alive and dangling by their feet on metal hooks. Electricity stuns them as they roll on the line for the neck blade to come down and kill them. Other handling that the animals are subjected to is the hens are forced into a schedule that restricts their water for 2 weeks and cows are limited to 2 milkings a day, when they are supposed to have 6. The average life span of a hen is 16 years but with what they endure in slaughterhouses it%u2019s shortened to 18 months. Roosters aren%u2019t that lucky, they are gassed right away and their remains are sent to rendering plants. Others don%u2019t get to be put out of their misery so fast.

There are animals that have their legs broken or hacked off so they can%u2019t run away. Some animals who are incapacitated are left laying around for days, suffering much neglect. If they%u2019re left laying outside long enough, a number of them freeze to death in the winter and fry to death in the summer. Many of the animals suffer the equivalent to that when they are dragged with chains and pushed with tractors, causing torn ligaments and broken bones.

The way in which the animals are slaughtered is tragic. The animals suffer copious amounts of pain and are sometimes alive and alert when they are being slaughtered. Every animal is supposed to be separated from others, be rendered unconscious, and then be slaughtered. They are not supposed to be dragged by their legs, ears, and horns. However, that usually is how it is done.

There are a few methods of slaughtering that are practiced, and not one is humane and how it%u2019s supposed to be done. One is decapitating the animal. Another is the Halal method where the neck is slit in 2 1/2 spots while they are conscious and that forces them to bleed to death. In that case the animal is alive and aware that they are severely bleeding and they are in excruciating pain. Burying an animal%u2019s head in the ground is not a common practice but it is still used. That way they are suffocated to death. One of the most mortifying ways of slaughtering is %u201Csticking a long iron rod through the anal opening, through the body, and making it emerge through the mouth%u201D.

All the while the animal, usually a pig, is squealing endlessly. Sometimes there is not even that much effort put into slaughtering the animal and they will just burn them to death. Cattle are many times stunned in the head with a steel bolt, their throats are slit, then they are left laying around to bleed to death. The bleeding method is used when they want the least damage to the carcass as possible. The animal is cut in a place where they will bleed the fastest. One man that has worked in a slaughterhouse says %u201CThey blink. They make noises. The head moves, the eyes are wide and looking around%u201D. He watches animals die a slow and painful death everyday when the animals are perfectly alive and conscious. He also said, %u201CSome would survive as far as the tail cutter, the belly ripper, and the hide puller. They die, piece by piece". Many animals do make it as far as being skinned when they are still living and feeling pain to the fullest.

Last of all, slaughterhouses do the least proficient job of cleaning up after animals are killed. It would be bad enough living near a slaughterhouse, but many neighbors say the worst thing is not the thought. They are constantly inhaling the nauseating stench each and every day. Neighbors also have entrails, skin, joints, and blood being dropped onto their property. Birds of prey get a hold of the barley disposed remains, fly away with them, then drop it on the near by people%u2019s land. There are usually rivers of blood flowing around the slaughterhouses and sometimes make it as far as to where the neighbors can see or smell it. The bones are boiled on the slaughter house premise which causes them to create further pollution and stench. The skins are sitting around outside in piles, sometimes for long periods of time, waiting for the tanneries to come pick them up. In unsanitary towns the carcasses are transported around with out being frozen. The water flowing through slaughterhouses go through treatment tanks like public sewers and then they end up spilling into creeks and rivers, generating more pollution. A number of slaughter houses have been ordered to add more washers and thorouly clean up. The evidence shows that many have not followed that order because the swelling of the rivers have not gone down yet.

Slaughterhouses have no right to be doing what they are doing. They perform every operation illegally. They don%u2019t give the animals food, water, shelter, veterinary services, or humane treatment. There is a pile of violations on them and yet they still continue to break more laws. Then on top of that they cause pollution and a disturbance to their surrounding neighbors. For some reason they think that in their industry they are allowed to make their own rules and do business however they please.

We need to show them that that%u2019s not allowed by shutting them down right away.



http://www.all-creatures.org/articles/ar-aninsidelook.html

SOLUTIONS WE REQUIRE (THESE OR BETTER):

 



"First, rules must be clear so that enforcement is not an inherently subjective process prone to mistakes and abuse. In particular, the downer loophole must be closed. ...The current flawed rule depends on plant workers summoning a USDA inspector back to reevaluate an animal who becomes nonambulatory after initial inspection, in order for the inspector to decide if the animal can be slaughtered, a system that seems bound to fail given the enormous pressure plant workers are under by their company superiors to move the maximum number of animals quickly to slaughter. This system creates financial incentives for precisely those abuses that we witnessed in the undercover footage....

 

"For the animals, removing current incentives that encourage workers to try every cruel tactic imaginable to move downers to the kill box would alleviate suffering. If crippled animals cannot be sold for food, slaughter plants have no reason to prolong their misery to try to get them through the slaughter process."

Temple Grandin, Professor, Colorado State University and author of Animals in Translation, testified, " I have worked for over 30 years to improve the treatment of animals at slaughter plants. Half the cattle and 25% of the pigs are handled in facilities I have designed. ...The recent video of dairy cows being tortured with a forklift made me sick. The abuse of cattle at this plant was 100% caused by a lack of employee supervision and a complete failure of the USDA inspectors. The Humane Slaughter Act prohibits dragging of crippled animals, and it was not enforced..... 

"[M]any of the ... regulations are vague and subject to different interpretations. Inspectors need better training and clear directives to improve consistency. It is impossible for different inspectors to be consistent when vague terminology is used such as %u2018unnecessary pain and suffering.'"



Grandin explained, "The present system of USDA inspection is like having traffic police giving out speeding tickets when they think cars are speeding. Police departments are able to enforce the speed limits in a uniform manner because the officer MEASURES a car's speed with radar. The decision to pull a car over is based on a measurement, not subjective judgment of speed. For other traffic rules such as being in the wrong lane, the rules are very clearly written so that the officers will interpret them the same way."

 

Grandin recommended clear bans on certain practices. She further recommended "animal based outcome standards [measured with] numerical scoring. For example, the percentage of animals that fall during handling can be caused by either a slick floor or rough handling by people. Falling is an outcome of bad equipment, poorly trained people, or very weak cows that should have never been brought to the plant. Measuring the percentage of cows that fall at a plant is a sensitive indicator of three different types of problems [which can then be corrected]. The percentage of cattle falling can never be zero, so falling cannot be banned, but it should be kept at a very low level."

 

Grandin developed a numerical scoring system during a survey in 1996 of slaughter plants.

 

Grandin concluded, "I recommend that the USDA adopt numerical scoring to make enforcement of the Humane Slaughter Act more uniform and to uphold higher standards. Many progressive inspectors are already informally using it. For the practices that are prohibited, a handbook of very clear guidelines is needed for enforcement. It would list prohibited practices where there is a zero tolerance."

%u3000



http://www.animallawcoalition.com/farm-animals/article/492

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Brussels - The European Commission on Thursday called for new rules aimed at reducing animal suffering in Europe's butcheries.

Under the proposals, slaughterhouses should appoint a trained staffer responsible for ensuring that animals are being treated humanely.

Such a person would, among other things, have to ensure that animals which are stunned do not regain consciousness before they are slaughtered.

Manufacturers of stunning equipment would have to provide detailed instructions on how to stun animals, while European governments would have to create research centres tasked with assisting official inspectors.

"As a society we have a duty of care to animals, which includes minimising distress and avoiding pain throughout the slaughtering process," said EU Health Commissioner Androulla Vassiliou.

Vassiliou's proposals, which are not likely to be approved by EU governments until next year, were welcomed by animal-rights groups.

"These proposals are a step in the right direction and will benefit millions of animals," said Sonja Van Tichelen of Eurogroup for Animals, a pressure group.

"It is unacceptable in a civilised society that animals have to suffer in their final moments. So much of their suffering can be avoided or decreased by having well-trained staff and by using appropriate stunning techniques," Van Tichelen said.

Groups representing meat traders and slaughterhouses said they still needed to study the proposals to find out whether such measures would result in higher production costs.

"A good cost-benefit analysis is necessary. Generally speaking we cannot be against measures that aim at protecting animals," said Jean-Luc Meriaux of the European Livestock and Meat Trading Union.

Officials in Brussels note that smaller slaughterhouses may be exempted from the new rules.

Nearly 360 million pigs, sheep, goats and cattle, as well as several billion poultry, are killed in EU slaughterhouses each year.

A further 25 million animals are slaughtered by the fur industry, according to commission figures.

To ensure fair competition, the commission's proposals would also apply to non-EU producers who export their products to member states. (dpa)



http://www.topnews.in/european-commission-seeks-more-humane-treatment-slaughterhouses-268693

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%u3000

 

EU wants welfare officers in slaughterhouses



Slaughterhouses throughout the EU could be obliged to appoint special officers for animal welfare who are to ensure that pigs, sheep, goats, cattle and poultry are humanely treated at the time of their killing, according to European Commission proposals unveiled on Thursday (18 October).



If approved by all 27 member states, the European Commission's proposal will "integrate welfare considerations into the design of slaughterhouses," requiring the killing techniques to be constantly monitored.




A cow restrained for stunning ahead of slaughter



Abattoirs will have to appoint a specific person responsible for animal welfare and ensure that their staff are properly trained and certified, although. Small slaughterhouses will be exempt from this requirement.



Every year, nearly 360 million pigs, sheep, goats and cattle as well as several billion chickens are killed in EU slaughterhouses for their meat. The EC proposal will also apply to the about 25 million animals killed for their fur.



"As a society we have a duty of care towards animals, which includes minimising distress and avoiding pain throughout the slaughtering process," EU health commissioner Androulla Vassiliou said.



"The current EU rules are outdated and need revision. This proposal will make a real difference to the way animals are treated at the time of slaughter, as well as promoting innovation and providing a level playing field for operators," she added.



Animal rights groups hailed the commission proposal.



Eurogroup for Animals spokesperson Steven Blaakman told EUobserver: "The commission made no mention of religious slaughter," pointing out that some countries such as France allow exceptions on religious grounds from having to stun an animal before it is killed. "There, a large amount of sheep meat comes from animals killed via religious slaughter," Mr Blaakman said, while Sweden permits no exceptions on religious grounds.



Enforcing the regulations in the new member states may be difficult however. Romania maintains a strong tradition of slaughtering pigs for Christmas in one's own back yard instead of at slaughterhouses.

 

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Posted by naghrw at 9:23 AM
Dalits Muslims & Cow Slaughter

Indian’s  Diary - e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.28........15 / 07 / 2017

 

 

SHOCKING  IMAGES :  Dark  Side  of   Eating  Meat

ADULTS  ONLY     Watch video :

https://www.youtube.com/watch?v=LCPNRsYij3o&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DLCPNRsYij3o&has_verified=1  ,

https://www.youtube.com/watch?v=KezHKbUzy0A ,

https://www.youtube.com/watch?v=MuW4lwa6FRI  ,

https://www.youtube.com/watch?v=Wf6vGNaCxgc  ,

 

Editorial  :  Dalits , Muslims & Cow Slaughter

-          An  Appeal  to  H.E.President  of  India

 

       Bigger stronger animal  feeds  on smaller weak animal.  Law of Nature.  In the same way , all over the world  in a particular area or  a  country stronger majority community   subjugates  the weak , smaller communities.  

       Since  centuries  dalits  were subjugated into doing menial jobs  and   their livelihood depended on whatever  was thrown  at  them.  Civilizations  dawned , people  became civilized in their  outlook , but deep inside  uncivilized , animal  resides in many people.

     There are good as well as bad people in all communities, religions & all walks of life.  Whenever  a terrorist  strike  happens ,  Muslims  are blamed.  For all miseries  in India , Dalits are blamed.  Just imagine  if there was no barber , how civilized a person will be without hair cutting ?  Just think there is no  sweeper   to clean drainage line ,  how   houses , roads will be  full of excreta , human rejections , how stinky &  disease prone it will be ? 

    Dalits are doing yeoman   commendable  service  to society ,  keeping  all the others in a civilized manner  in a healthy environment. Nobody recognizes their service.  Since centuries , dalits were entrusted with the job of removing carcass of cattles, it was not their choice, it was  mandated by majority community at that time. Being utterly poor ,  dalits  depended on  cattle meat for food and  used  bones , hides for footwear , etc. .  Now , few individuals  all of a sudden  are trying to turn upside down , this centuries old practice and  cow vigilantes are attacking  dalits. Few are taking law into their hands.  What  three  great  acharyas – Sri Shankaracharya , Sri Ramanujacharya , Sri  Madhwacharya  failed to achieve , what  Sri Gowthama Buddha ,  Sri Mahaveera  failed to achieve  stopping animal killing , now cow vigilantes are trying to achieve  the same with violence.

    Say , after two decades  few  groups , individuals will proclaim everybody must stop eating vegetarian food . Then  can  all veggies  turn into non veg , not feasible.   With regards to certain section of society eating non veg is a taboo , with others  non veg with exclusion of beef , pork is ok. Food is the choice of individual.

   Now ,  let us see the facts  for practical way forward :

1.      Since centuries Dalits  are in the  profession of  cow slaughter not by choice , but by compulsion of times.

2.      Since centuries  dalits &   others   are eating beef as it is cheaper than other meat.

3.      Cows  are  holy  for hindus equivalent to mother herself  and equivalent to god.  Cow products are  used since centuries in  hindu religious rituals.

4.      In rural house holds , when a  mother dies while delivering baby or  when  a mother  cann’t breast feed baby due to lack of milk  , COW in the  house hold becomes  a  surrogate  mother for the baby. Baby  feeds , lives on cow’s  milk.

5.      Inspite of such great respect  many hindu  folk  sell  old  , barren , diseased cows  to muslim or dalit   buyers  knowing  fully  well  that  buyer cann’t  get milk from  the cow  only he can get meat & hide from slaughtering it. Some  hindu  folk  drive away  old , diseased , barren cows  from their home. It is same as driving away old , diseased mother  , deserting our own mother.

6.      In  many Islamic  countries , jewish  countries    pig  meat /  pork  is banned ,  hindus  & Christians  who go to such countries for job / business   abide  by  laws  of Islamic countries.  They give up eating pork although way back in their home countries  they consume pork.

 

Practical Way  Forward :

1.      Banning cow slaughter , beef   is ok in national interest ,  in the  interest of religious sentiments of a community.

2.      Government must provide alternate food items to consumers at affordable prices than beef.

3.      Government  must  extend helping hand to Dalits , Muslims who are  in cow slaughter trade to switch over to other business.

4.      Government  must  charge sheet the seller of  cows , deserter of cows  not merely transporter  , buyer  or  the  butcher.

5.      Government must discourage farmers  from rearing cattles when they are incapable of  looking after old cattles.

6.      Government must educate people  about reducing  milk products consumption; When Milk  products consumption reduces automatically  rearing of cattle reduces.

7.      Most important of all ,  when  a pork  eating  Indian  goes to  Saudi Arabia  on job assignment and  lives  there for two decades. When he can  simply  give up pork , follow the rule of pork ban and change his dietary habbits ,  why cann’t others  reciprocate the same here with respect to beef ban.

8.      Government must adopt a way of educating  people about good dietary habbits  rather than policy  of stick.

9.      Cow vigilantes who take law into their own hands instead of reporting to authorities must be legally prosecuted.

10. Government must  set up   FREE  Cow sheds with  adequate fodder  supplies  all over the country on urgent basis to accommodate orphaned cows , diseased cows and old cows.  If government fails  to set up  it proves it’s  vanity.

 

Bottomline :  As per scientific studies , human beings digestive system has evolved to digest  vegetarian food  not non vegetarian food.  Choice is left to consumers.

 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus

By SKN WEB - Tuesday, April 28, 2015 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus. Recently I just came to know about the slaughterhouse rank in India, and most slaughtering are doing Hindus. After Brazil India is second highest, below is a pathetic story about slaughterhouse processes. Here India’s largest al Kabeer slaughterhouse taken in. I am not sure about the authenticity of this write-up, please being verified yourself.

 

Al-Kabeer exports Pvt.Ltd. Rudraram Village, Andhra Pradesh, Patancheru, Medak, Hyderabad – 500 033.

 

 Do you know that the biggest cow slaughterhouse (cow killing factory) in the WORLD is located just 30 km from Hyderabad in “Rudraram village” near Patancheru. It is called Alkabir in built nearly 400 acres of land with High security and most workers are Hindus. The story of Al-Kabir Hyderabad Tyranny: Don’t think that these animals are killed easily and painlessly. Their agonies start along before they are dead. They are brought to Alkair in trucks, from far away distances for economy, 20-25 huge buffalo are stacked up in each truck. Nobody cares to feed them food, or even water while in transit. They are packed so tightly in the truck, that they are hurt by each other. By the time they arrive, they are no more capable of standing on their own feet! They are moved with force of whips…


They are brought into the final ground, where at least a thousand animals are stored. This is their last open air. They are kept here for four days, hungry and thirsty. Then their legs are broken and eyes poked, so that a ‘Certificate’ can be obtained about their uselessness. The hunger and thirst of four days cause the hemoglobin to move from blood in to fat. The meat with higher hemoglobin fetches better prices. 


Now these animals are pushed into washing showers. Extremely hot water (200 degrees centigrade!) is sprayed on them for five minutes, to soften their skins, so they will be easy to remove. The animal’s faints at this point, but it is not dead yet. Now it is hung upside down with one leg, on a chain-pulley conveyor. Then half of the neck is slit. This drains the blood, but does not kill the animal. After death, the skin swells thick, which sells for a poor price. But the skin of live Animals is still thin, which has better economic value. On one side the blood is dripping from the neck, and on the other side a hole is made in stomach, from which air is pumped inside. This causes the body to swell, making it easier to peel the skin. After removing the leather, the animal is cut into four pieces: head, legs, body, and tail.

 

 The machines remove bones, and pack small pieces of meat into cans for shipping to Alkabir’s headquarters in Hyderabad. From there it is shipped to Mumbai for exporting to its final destination. Working! Most of the people working here are Hindus. The Director, Subhash Sabarwal, is an NRI in Dubai, and his brother, Satish Sabarwal, manages the plant. The other principals are Ghulam Mohammed Sheikh (Dubai), Dilip Himmat KothariB.N. Raman, etc. Even though the main workers on cutting machines are from Kerala and Muslims from Mumbai, the administration, security, etc. consists mainly of Hindus.

 

There are several other equally large (or large) plants in India, owned and operated similarly by NRI’s and Arab citizens in cooperation. The people working here are paid very handsomely. This is a big attraction. A monthly salary of Rs. 50,000 to 75,000 is common. At the site, there are many veterinarians, but their job is not to save healthy live. Their only concern is to see that the meat does not carry any germs which may hurt the customers. In fact, there is a small army of government veterinarians, whose job is to see that healthy and useful animals do not get butchered. But these corrupt officials write false certificates according to wishes of Alkabir. You cannot easily enter Alkabir, because outside people are not allowed in there. Even the local veterinarians and police cannot go inside, so there is no question about the other local poor people even coming close to its boundaries…Security is tightened at nights with hunting dogs. Now the neighboring people do not even come close to it.

 

SECONDLY

·         Beef exports up 44% in 4 years, India is top seller - The Times of India

·         Beef exports up 44% in 4 years, India is top seller - The Center's Pink Revolution to promote meat production and export has led to a 44% increase in meat consumption and export in four years, but it has failed to regulate...

 

THIRDLY

World Beef Exports: Ranking Of Countries

·         World Beef Exports: Ranking Of Countries Four (4) countries exported more than 1.1 million metric tons of beef in 2013: Brazil, India, Australia & the United States.

 

 World | 9,165,000 
Rank      Country                2013                      % Of World
1.            Brazil                    1,849,000             20.17%
2.            India                     1,765,000             19.26% 
3.            Australia              1,593,000             17.38% 
4.            United States     1,172,000             12.79%
5.            New Zealand      529,000                 5.77 

 

AGAINST CRUELTY IN INHUMAN SLAUGHTERHOUSES

 

"...Everyday millions of people go to McDonalds or Kentucky Fried Chicken and enjoy a juicy hamburger or consume a crispy, golden-fried chicken. Billions of families around the world eat meat and share laughs together over the dinner table. But, what goes on behind the closed doors of slaughterhouses before producers deliver perfectly packaged meat to our grocery stores? 

Employees of Kentucky Fried Chicken, one of the biggest fast-food chains of poultry, were caught in July 2004, torturing their chickens for fun. Workers were videoed stomping on chickens, kicking them, and slamming them violently against floors and walls. Workers also ripped the animals' beaks, twisted their heads off, spray-painted their faces, and squeezed the chickens' bodies until they would die.

Each year a person will consume 230 pounds of meat. Together, the world consumes 2.6 billion pounds of dairy cow a year. Eight billion animals a year are slaughtered for food. However, the conditions under which they are processed are brutal. For example, animals are supposed to have space when they are transported but instead they are packed together, not having any room to move, walk, and barely breathe. This causes many animals to become sick. Some die on the way. 

In fact, half a million animals a year that arrive at slaughterhouses are either dead or in unacceptable condition for slaughter. Many of the remaining animals have broken limbs. Even these are further injured when they are unloaded. 

Other forms of brutality include the "Halal method," where the animal's neck is slit in two and a half spots and, while conscious, allowed to bleed to death. A similar "method" is hanging the live, fully conscious animals upside down while their carotid arteries are cut. 

Once aware of these procedures, many fast-food fans are reconsidering their diets. "It is repulsive and sick what is being committed by humans to animals in the U.S.," said Ashley Coutier, a resident of Sparta. "It should be stopped as soon as possible." 

In 1960, the Prevention of Cruelty to Animals Act was passed, but unfortunately everyday laws are violated, and the truth needs come out. "I have heard about some of the things slaughterhouses do, but there are some things I just don't want to know and I am better off not knowing about," said Steve Snow, a sophomore at Sparta High School..."

http://media.www.tchnews.com/media/storage/paper840/news/2008/03/10/News/Animal.Cruelty.In.Slaughterhouses-3259951.shtml




"...A wise woman named Linda McCartney once said, %u201CIf slaughterhouses had glass walls, everyone in the world would be a vegetarian%u201D.

This is one of the truest statements ever made. If people thought about or saw what really happens to animals in slaughterhouses for more than a second, it would get to them and they would not be able to bring themselves to still be a carnivore. Those animals endure some of the cruelest treatment and neglect. Also, slaughterhouses are kept in the most unsanitary conditions and violate more laws then almost any other business. The slaughter of animals for human consumption should be banned.

First of all, the statistics show it would benefit land, animals%u2019 lives, and the grain and food supply if we stopped eating meat. Each person consumes 230 pounds of animals each year. Together we consume 2.6 billion pounds of dairy cow a year. There has been an increase in the amount of animals we consume and how much grain it%u2019s taking to feed them. Eight billion animals a year are slaughtered for food. [Ed. note: In 2002 the total was ten billion.]

The breakdown of each animal that is slaughtered is 38 million cows and calves, 95 million hogs, 5 million sheep and goats, 278 million turkeys, 20 million ducks, and over 7 billion chickens. The average cow should live 20 years but because they are not allowed to have a normal life and they are just raised to be slaughtered, the average life expectancy is 6 to 8 years, and sometimes even then the cows only live to 14 months. The amount of animals that are raised annually for slaughter is 30 times more then the total human population in the US, and more then the number of humans in the world.

Twenty years ago livestock consumed 6% of Mexico%u2019s grain and today they consume nearly 50%, and in Canada 77% of their grain is used to raise livestock. If American countries alone would reduce their meat consumption by just 10% that would save enough grain to feed 60 million people. The reality is it takes 4 acres of land to feed a meat eater, but only 1/2 an acre or less to feed a vegetarian. On 1/2 an acre of land 10,000lbs of apples and 20,000lbs of potatoes can be grown successfully into food. Only 100lbs of beef can be raised on that. Over a lifetime, a vegetarian will save 21 cows, 14 sheep, 12 hogs, and 1400 chickens from being slaughtered. They will also save 1 acre of trees a year from being cut down.

Slaughterhouses shouldn%u2019t be allowed to still be in operation. They have violated almost every restriction, law, and rule that has been placed on their industry. Almost everything added to the Prevention of Cruelty to Animals Act in 1960 is being violated. It%u2019s known that no matter what the animals condition is the butcher takes it into their own hands to make the most money possible. There are rules about loading and unloading that are broken every second. The animals are supposed to have space when they are transported but instead they are packed together like sardines.

There are rules about cruelty to animals such as no torturing or subjecting them to unnecessary pain and suffering, and no keeping them in cages that there is not sufficient room to go with their measurements. One of the biggest issues is that the animals are not supposed to be exposed to their own kind getting slaughtered, but they are constantly having to watch their own kind getting dragged mercilessly to their brutal death. It%u2019s also against the law to slaughter animals below 6 months, pregnant animals, sick animals, and young animals who are supplying milk. A slaughterhouse in Texas had 22 violations during a period of 6 months. During one of those inspections there were 9 live cattle found dangling from an overhead chain. Yet this is how slaughterhouses operate over and over again each day. It doesn%u2019t help that cases against them are usually not pursued because venturing deep into slaughterhouses is not an idea liked by officials. Transporting animals should be like transporting a human, each one having their own space and each one being reasonably taken care of.

However, if people were treated like the livestock while riding a bus or any other kind of transportation, many people would be facing serious charges. Just because it is abuse to an animal and not a human doesn%u2019t mean any less should be done about it. Animals are packed and pressed together so close into vehicles that they can%u2019t move and can barley breathe. A lot of times just in the process of loading the animals they will trample each other to death and blind one another with their horns. The law states that in that process they should have food, water, veterinary services, and protection from natural elements (wind, rain, fire, etc.). That is the care that any living thing should be entitled too. Those poor animals don%u2019t ever get to see a drop of any of those things though. While getting an animal from a distant place into the city where they are loaded, the animals are sometimes made to run there.

No matter what the whether conditions are. Red chili powder is put in their eyes in order to force them to run faster. They are beaten and severely tortured just to accomplish getting them to a destination. Sometimes the drivers of the vehicles make fast turns and stops that causes the animals to get knocked around and injured. The animals fall on each other which causes suffocation and more broken bones. When it finally comes down to unloading the animals, the condition they are in is appalling. Half a million animals a year that arrive at slaughterhouses are dead or in unacceptable condition for slaughter. Other animals are half dead but are still just picked up and thrown down on the concrete. Many have broken limbs but are further injured when they are getting unloaded. The handlers don%u2019t bother with kindness or care because they figure they are going to face the butchers knife anyway.

While keeping the animals before it%u2019s their time to be slaughtered they endure a series of inhumane procedures and treatment. PETA described what they witnessed one morning at a slaughterhouse %u201CBy 10:00 a.m. there were already more than a dozen downed cattle. One bull kept trying to rise to his feet but could not. He struggled before collapsing under the scorching sun, blood oozing out of his nose; his legs and horns broken.%u201D This is one example of what someone saw, but there are things that happen like that every day.

There is also a videotape that was secretly set up in an Iowa pork plant that caught live hogs squealing and kicking as they were being lowered into a tank of water. Unfortunately, there are things that are more unbelievable then that which happen and have not been caught on tape yet. However, even though it%u2019s not captured on tape we do know some other things that happen in slaughterhouses. Some of the treatment includes the use of electric prods, castration with no anesthetic, branding and tail docking with no pain relief, and hot iron de-horning with no pain relief. The de-horning involves pressing scorching heat onto the calves horns for a full 30 seconds then repeating it on the other side for another 30 seconds. Also, de-beaking with no pain relief. For that they use hot glue guns or cigarette lighters to cut through bone, cartilage, and tissue of the birds. In a different part of the slaughter house there may be birds that are alive and dangling by their feet on metal hooks. Electricity stuns them as they roll on the line for the neck blade to come down and kill them. Other handling that the animals are subjected to is the hens are forced into a schedule that restricts their water for 2 weeks and cows are limited to 2 milkings a day, when they are supposed to have 6. The average life span of a hen is 16 years but with what they endure in slaughterhouses it%u2019s shortened to 18 months. Roosters aren%u2019t that lucky, they are gassed right away and their remains are sent to rendering plants. Others don%u2019t get to be put out of their misery so fast.

There are animals that have their legs broken or hacked off so they can%u2019t run away. Some animals who are incapacitated are left laying around for days, suffering much neglect. If they%u2019re left laying outside long enough, a number of them freeze to death in the winter and fry to death in the summer. Many of the animals suffer the equivalent to that when they are dragged with chains and pushed with tractors, causing torn ligaments and broken bones.

The way in which the animals are slaughtered is tragic. The animals suffer copious amounts of pain and are sometimes alive and alert when they are being slaughtered. Every animal is supposed to be separated from others, be rendered unconscious, and then be slaughtered. They are not supposed to be dragged by their legs, ears, and horns. However, that usually is how it is done.

There are a few methods of slaughtering that are practiced, and not one is humane and how it%u2019s supposed to be done. One is decapitating the animal. Another is the Halal method where the neck is slit in 2 1/2 spots while they are conscious and that forces them to bleed to death. In that case the animal is alive and aware that they are severely bleeding and they are in excruciating pain. Burying an animal%u2019s head in the ground is not a common practice but it is still used. That way they are suffocated to death. One of the most mortifying ways of slaughtering is %u201Csticking a long iron rod through the anal opening, through the body, and making it emerge through the mouth%u201D.

All the while the animal, usually a pig, is squealing endlessly. Sometimes there is not even that much effort put into slaughtering the animal and they will just burn them to death. Cattle are many times stunned in the head with a steel bolt, their throats are slit, then they are left laying around to bleed to death. The bleeding method is used when they want the least damage to the carcass as possible. The animal is cut in a place where they will bleed the fastest. One man that has worked in a slaughterhouse says %u201CThey blink. They make noises. The head moves, the eyes are wide and looking around%u201D. He watches animals die a slow and painful death everyday when the animals are perfectly alive and conscious. He also said, %u201CSome would survive as far as the tail cutter, the belly ripper, and the hide puller. They die, piece by piece". Many animals do make it as far as being skinned when they are still living and feeling pain to the fullest.

Last of all, slaughterhouses do the least proficient job of cleaning up after animals are killed. It would be bad enough living near a slaughterhouse, but many neighbors say the worst thing is not the thought. They are constantly inhaling the nauseating stench each and every day. Neighbors also have entrails, skin, joints, and blood being dropped onto their property. Birds of prey get a hold of the barley disposed remains, fly away with them, then drop it on the near by people%u2019s land. There are usually rivers of blood flowing around the slaughterhouses and sometimes make it as far as to where the neighbors can see or smell it. The bones are boiled on the slaughter house premise which causes them to create further pollution and stench. The skins are sitting around outside in piles, sometimes for long periods of time, waiting for the tanneries to come pick them up. In unsanitary towns the carcasses are transported around with out being frozen. The water flowing through slaughterhouses go through treatment tanks like public sewers and then they end up spilling into creeks and rivers, generating more pollution. A number of slaughter houses have been ordered to add more washers and thorouly clean up. The evidence shows that many have not followed that order because the swelling of the rivers have not gone down yet.

Slaughterhouses have no right to be doing what they are doing. They perform every operation illegally. They don%u2019t give the animals food, water, shelter, veterinary services, or humane treatment. There is a pile of violations on them and yet they still continue to break more laws. Then on top of that they cause pollution and a disturbance to their surrounding neighbors. For some reason they think that in their industry they are allowed to make their own rules and do business however they please.

We need to show them that that%u2019s not allowed by shutting them down right away.



http://www.all-creatures.org/articles/ar-aninsidelook.html

SOLUTIONS WE REQUIRE (THESE OR BETTER):

 



"First, rules must be clear so that enforcement is not an inherently subjective process prone to mistakes and abuse. In particular, the downer loophole must be closed. ...The current flawed rule depends on plant workers summoning a USDA inspector back to reevaluate an animal who becomes nonambulatory after initial inspection, in order for the inspector to decide if the animal can be slaughtered, a system that seems bound to fail given the enormous pressure plant workers are under by their company superiors to move the maximum number of animals quickly to slaughter. This system creates financial incentives for precisely those abuses that we witnessed in the undercover footage....

 

"For the animals, removing current incentives that encourage workers to try every cruel tactic imaginable to move downers to the kill box would alleviate suffering. If crippled animals cannot be sold for food, slaughter plants have no reason to prolong their misery to try to get them through the slaughter process."

Temple Grandin, Professor, Colorado State University and author of Animals in Translation, testified, " I have worked for over 30 years to improve the treatment of animals at slaughter plants. Half the cattle and 25% of the pigs are handled in facilities I have designed. ...The recent video of dairy cows being tortured with a forklift made me sick. The abuse of cattle at this plant was 100% caused by a lack of employee supervision and a complete failure of the USDA inspectors. The Humane Slaughter Act prohibits dragging of crippled animals, and it was not enforced..... 

"[M]any of the ... regulations are vague and subject to different interpretations. Inspectors need better training and clear directives to improve consistency. It is impossible for different inspectors to be consistent when vague terminology is used such as %u2018unnecessary pain and suffering.'"



Grandin explained, "The present system of USDA inspection is like having traffic police giving out speeding tickets when they think cars are speeding. Police departments are able to enforce the speed limits in a uniform manner because the officer MEASURES a car's speed with radar. The decision to pull a car over is based on a measurement, not subjective judgment of speed. For other traffic rules such as being in the wrong lane, the rules are very clearly written so that the officers will interpret them the same way."

 

Grandin recommended clear bans on certain practices. She further recommended "animal based outcome standards [measured with] numerical scoring. For example, the percentage of animals that fall during handling can be caused by either a slick floor or rough handling by people. Falling is an outcome of bad equipment, poorly trained people, or very weak cows that should have never been brought to the plant. Measuring the percentage of cows that fall at a plant is a sensitive indicator of three different types of problems [which can then be corrected]. The percentage of cattle falling can never be zero, so falling cannot be banned, but it should be kept at a very low level."

 

Grandin developed a numerical scoring system during a survey in 1996 of slaughter plants.

 

Grandin concluded, "I recommend that the USDA adopt numerical scoring to make enforcement of the Humane Slaughter Act more uniform and to uphold higher standards. Many progressive inspectors are already informally using it. For the practices that are prohibited, a handbook of very clear guidelines is needed for enforcement. It would list prohibited practices where there is a zero tolerance."

%u3000



http://www.animallawcoalition.com/farm-animals/article/492

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Brussels - The European Commission on Thursday called for new rules aimed at reducing animal suffering in Europe's butcheries.

Under the proposals, slaughterhouses should appoint a trained staffer responsible for ensuring that animals are being treated humanely.

Such a person would, among other things, have to ensure that animals which are stunned do not regain consciousness before they are slaughtered.

Manufacturers of stunning equipment would have to provide detailed instructions on how to stun animals, while European governments would have to create research centres tasked with assisting official inspectors.

"As a society we have a duty of care to animals, which includes minimising distress and avoiding pain throughout the slaughtering process," said EU Health Commissioner Androulla Vassiliou.

Vassiliou's proposals, which are not likely to be approved by EU governments until next year, were welcomed by animal-rights groups.

"These proposals are a step in the right direction and will benefit millions of animals," said Sonja Van Tichelen of Eurogroup for Animals, a pressure group.

"It is unacceptable in a civilised society that animals have to suffer in their final moments. So much of their suffering can be avoided or decreased by having well-trained staff and by using appropriate stunning techniques," Van Tichelen said.

Groups representing meat traders and slaughterhouses said they still needed to study the proposals to find out whether such measures would result in higher production costs.

"A good cost-benefit analysis is necessary. Generally speaking we cannot be against measures that aim at protecting animals," said Jean-Luc Meriaux of the European Livestock and Meat Trading Union.

Officials in Brussels note that smaller slaughterhouses may be exempted from the new rules.

Nearly 360 million pigs, sheep, goats and cattle, as well as several billion poultry, are killed in EU slaughterhouses each year.

A further 25 million animals are slaughtered by the fur industry, according to commission figures.

To ensure fair competition, the commission's proposals would also apply to non-EU producers who export their products to member states. (dpa)



http://www.topnews.in/european-commission-seeks-more-humane-treatment-slaughterhouses-268693

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%u3000

 

EU wants welfare officers in slaughterhouses



Slaughterhouses throughout the EU could be obliged to appoint special officers for animal welfare who are to ensure that pigs, sheep, goats, cattle and poultry are humanely treated at the time of their killing, according to European Commission proposals unveiled on Thursday (18 October).



If approved by all 27 member states, the European Commission's proposal will "integrate welfare considerations into the design of slaughterhouses," requiring the killing techniques to be constantly monitored.




A cow restrained for stunning ahead of slaughter



Abattoirs will have to appoint a specific person responsible for animal welfare and ensure that their staff are properly trained and certified, although. Small slaughterhouses will be exempt from this requirement.



Every year, nearly 360 million pigs, sheep, goats and cattle as well as several billion chickens are killed in EU slaughterhouses for their meat. The EC proposal will also apply to the about 25 million animals killed for their fur.



"As a society we have a duty of care towards animals, which includes minimising distress and avoiding pain throughout the slaughtering process," EU health commissioner Androulla Vassiliou said.



"The current EU rules are outdated and need revision. This proposal will make a real difference to the way animals are treated at the time of slaughter, as well as promoting innovation and providing a level playing field for operators," she added.



Animal rights groups hailed the commission proposal.



Eurogroup for Animals spokesperson Steven Blaakman told EUobserver: "The commission made no mention of religious slaughter," pointing out that some countries such as France allow exceptions on religious grounds from having to stun an animal before it is killed. "There, a large amount of sheep meat comes from animals killed via religious slaughter," Mr Blaakman said, while Sweden permits no exceptions on religious grounds.



Enforcing the regulations in the new member states may be difficult however. Romania maintains a strong tradition of slaughtering pigs for Christmas in one's own back yard instead of at slaughterhouses.

 

DECLARATION

 


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


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


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

 

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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 ,  Indian’s  Diary  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 ,  Indian’s  Diary  are donated to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my eyes must be handed over to Mysore Eye Bank , Mysore WITHIN 6 Hours for immediate eye transplantation to the needy.


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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 :  08.07.2017…………………………..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

 

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

 


Posted by naghrw at 9:02 AM
Sunday, 9 July 2017
Dalits Muslims & Cow Slaughter

Indian’s  Diary - e-news weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.28........15 / 07 / 2017

 

 

SHOCKING  IMAGES :  Dark  Side  of   Eating  Meat

ADULTS  ONLY     Watch video :

https://www.youtube.com/watch?v=LCPNRsYij3o&oref=https%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DLCPNRsYij3o&has_verified=1  ,

https://www.youtube.com/watch?v=KezHKbUzy0A ,

https://www.youtube.com/watch?v=MuW4lwa6FRI  ,

https://www.youtube.com/watch?v=Wf6vGNaCxgc  ,

 

Editorial  :  Dalits , Muslims & Cow Slaughter

-          An  Appeal  to  H.E.President  of  India

 

       Bigger stronger animal  feeds  on smaller weak animal.  Law of Nature.  In the same way , all over the world  in a particular area or  a  country stronger majority community   subjugates  the weak , smaller communities.  

       Since  centuries  dalits  were subjugated into doing menial jobs  and   their livelihood depended on whatever  was thrown  at  them.  Civilizations  dawned , people  became civilized in their  outlook , but deep inside  uncivilized , animal  resides in many people.

     There are good as well as bad people in all communities, religions & all walks of life.  Whenever  a terrorist  strike  happens ,  Muslims  are blamed.  For all miseries  in India , Dalits are blamed.  Just imagine  if there was no barber , how civilized a person will be without hair cutting ?  Just think there is no  sweeper   to clean drainage line ,  how   houses , roads will be  full of excreta , human rejections , how stinky &  disease prone it will be ? 

    Dalits are doing yeoman   commendable  service  to society ,  keeping  all the others in a civilized manner  in a healthy environment. Nobody recognizes their service.  Since centuries , dalits were entrusted with the job of removing carcass of cattles, it was not their choice, it was  mandated by majority community at that time. Being utterly poor ,  dalits  depended on  cattle meat for food and  used  bones , hides for footwear , etc. .  Now , few individuals  all of a sudden  are trying to turn upside down , this centuries old practice and  cow vigilantes are attacking  dalits. Few are taking law into their hands.  What  three  great  acharyas – Sri Shankaracharya , Sri Ramanujacharya , Sri  Madhwacharya  failed to achieve , what  Sri Gowthama Buddha ,  Sri Mahaveera  failed to achieve  stopping animal killing , now cow vigilantes are trying to achieve  the same with violence.

    Say , after two decades  few  groups , individuals will proclaim everybody must stop eating vegetarian food . Then  can  all veggies  turn into non veg , not feasible.   With regards to certain section of society eating non veg is a taboo , with others  non veg with exclusion of beef , pork is ok. Food is the choice of individual.

   Now ,  let us see the facts  for practical way forward :

1.      Since centuries Dalits  are in the  profession of  cow slaughter not by choice , but by compulsion of times.

2.      Since centuries  dalits &   others   are eating beef as it is cheaper than other meat.

3.      Cows  are  holy  for hindus equivalent to mother herself  and equivalent to god.  Cow products are  used since centuries in  hindu religious rituals.

4.      In rural house holds , when a  mother dies while delivering baby or  when  a mother  cann’t breast feed baby due to lack of milk  , COW in the  house hold becomes  a  surrogate  mother for the baby. Baby  feeds , lives on cow’s  milk.

5.      Inspite of such great respect  many hindu  folk  sell  old  , barren , diseased cows  to muslim or dalit   buyers  knowing  fully  well  that  buyer cann’t  get milk from  the cow  only he can get meat & hide from slaughtering it. Some  hindu  folk  drive away  old , diseased , barren cows  from their home. It is same as driving away old , diseased mother  , deserting our own mother.

6.      In  many Islamic  countries , jewish  countries    pig  meat /  pork  is banned ,  hindus  & Christians  who go to such countries for job / business   abide  by  laws  of Islamic countries.  They give up eating pork although way back in their home countries  they consume pork.

 

Practical Way  Forward :

1.      Banning cow slaughter , beef   is ok in national interest ,  in the  interest of religious sentiments of a community.

2.      Government must provide alternate food items to consumers at affordable prices than beef.

3.      Government  must  extend helping hand to Dalits , Muslims who are  in cow slaughter trade to switch over to other business.

4.      Government  must  charge sheet the seller of  cows , deserter of cows  not merely transporter  , buyer  or  the  butcher.

5.      Government must discourage farmers  from rearing cattles when they are incapable of  looking after old cattles.

6.      Government must educate people  about reducing  milk products consumption; When Milk  products consumption reduces automatically  rearing of cattle reduces.

7.      Most important of all ,  when  a pork  eating  Indian  goes to  Saudi Arabia  on job assignment and  lives  there for two decades. When he can  simply  give up pork , follow the rule of pork ban and change his dietary habbits ,  why cann’t others  reciprocate the same here with respect to beef ban.

8.      Government must adopt a way of educating  people about good dietary habbits  rather than policy  of stick.

9.      Cow vigilantes who take law into their own hands instead of reporting to authorities must be legally prosecuted.

10. Government must  set up   FREE  Cow sheds with  adequate fodder  supplies  all over the country on urgent basis to accommodate orphaned cows , diseased cows and old cows.  If government fails  to set up  it proves it’s  vanity.

 

Bottomline :  As per scientific studies , human beings digestive system has evolved to digest  vegetarian food  not non vegetarian food.  Choice is left to consumers.

 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus

By SKN WEB - Tuesday, April 28, 2015 

 

India tops in cow slaughterhouse and most slaughtering are doing Hindus. Recently I just came to know about the slaughterhouse rank in India, and most slaughtering are doing Hindus. After Brazil India is second highest, below is a pathetic story about slaughterhouse processes. Here India’s largest al Kabeer slaughterhouse taken in. I am not sure about the authenticity of this write-up, please being verified yourself.

 

Al-Kabeer exports Pvt.Ltd. Rudraram Village, Andhra Pradesh, Patancheru, Medak, Hyderabad – 500 033.

 

 Do you know that the biggest cow slaughterhouse (cow killing factory) in the WORLD is located just 30 km from Hyderabad in “Rudraram village” near Patancheru. It is called Alkabir in built nearly 400 acres of land with High security and most workers are Hindus. The story of Al-Kabir Hyderabad Tyranny: Don’t think that these animals are killed easily and painlessly. Their agonies start along before they are dead. They are brought to Alkair in trucks, from far away distances for economy, 20-25 huge buffalo are stacked up in each truck. Nobody cares to feed them food, or even water while in transit. They are packed so tightly in the truck, that they are hurt by each other. By the time they arrive, they are no more capable of standing on their own feet! They are moved with force of whips…


They are brought into the final ground, where at least a thousand animals are stored. This is their last open air. They are kept here for four days, hungry and thirsty. Then their legs are broken and eyes poked, so that a ‘Certificate’ can be obtained about their uselessness. The hunger and thirst of four days cause the hemoglobin to move from blood in to fat. The meat with higher hemoglobin fetches better prices. 


Now these animals are pushed into washing showers. Extremely hot water (200 degrees centigrade!) is sprayed on them for five minutes, to soften their skins, so they will be easy to remove. The animal’s faints at this point, but it is not dead yet. Now it is hung upside down with one leg, on a chain-pulley conveyor. Then half of the neck is slit. This drains the blood, but does not kill the animal. After death, the skin swells thick, which sells for a poor price. But the skin of live Animals is still thin, which has better economic value. On one side the blood is dripping from the neck, and on the other side a hole is made in stomach, from which air is pumped inside. This causes the body to swell, making it easier to peel the skin. After removing the leather, the animal is cut into four pieces: head, legs, body, and tail.

 

 The machines remove bones, and pack small pieces of meat into cans for shipping to Alkabir’s headquarters in Hyderabad. From there it is shipped to Mumbai for exporting to its final destination. Working! Most of the people working here are Hindus. The Director, Subhash Sabarwal, is an NRI in Dubai, and his brother, Satish Sabarwal, manages the plant. The other principals are Ghulam Mohammed Sheikh (Dubai), Dilip Himmat KothariB.N. Raman, etc. Even though the main workers on cutting machines are from Kerala and Muslims from Mumbai, the administration, security, etc. consists mainly of Hindus.

 

There are several other equally large (or large) plants in India, owned and operated similarly by NRI’s and Arab citizens in cooperation. The people working here are paid very handsomely. This is a big attraction. A monthly salary of Rs. 50,000 to 75,000 is common. At the site, there are many veterinarians, but their job is not to save healthy live. Their only concern is to see that the meat does not carry any germs which may hurt the customers. In fact, there is a small army of government veterinarians, whose job is to see that healthy and useful animals do not get butchered. But these corrupt officials write false certificates according to wishes of Alkabir. You cannot easily enter Alkabir, because outside people are not allowed in there. Even the local veterinarians and police cannot go inside, so there is no question about the other local poor people even coming close to its boundaries…Security is tightened at nights with hunting dogs. Now the neighboring people do not even come close to it.

 

SECONDLY

·         Beef exports up 44% in 4 years, India is top seller - The Times of India

·         Beef exports up 44% in 4 years, India is top seller - The Center's Pink Revolution to promote meat production and export has led to a 44% increase in meat consumption and export in four years, but it has failed to regulate...

 

THIRDLY

World Beef Exports: Ranking Of Countries

·         World Beef Exports: Ranking Of Countries Four (4) countries exported more than 1.1 million metric tons of beef in 2013: Brazil, India, Australia & the United States.

 

 World | 9,165,000 
Rank      Country                2013                      % Of World
1.            Brazil                    1,849,000             20.17%
2.            India                     1,765,000             19.26% 
3.            Australia              1,593,000             17.38% 
4.            United States     1,172,000             12.79%
5.            New Zealand      529,000                 5.77 

 

AGAINST CRUELTY IN INHUMAN SLAUGHTERHOUSES

 

"...Everyday millions of people go to McDonalds or Kentucky Fried Chicken and enjoy a juicy hamburger or consume a crispy, golden-fried chicken. Billions of families around the world eat meat and share laughs together over the dinner table. But, what goes on behind the closed doors of slaughterhouses before producers deliver perfectly packaged meat to our grocery stores? 

Employees of Kentucky Fried Chicken, one of the biggest fast-food chains of poultry, were caught in July 2004, torturing their chickens for fun. Workers were videoed stomping on chickens, kicking them, and slamming them violently against floors and walls. Workers also ripped the animals' beaks, twisted their heads off, spray-painted their faces, and squeezed the chickens' bodies until they would die.

Each year a person will consume 230 pounds of meat. Together, the world consumes 2.6 billion pounds of dairy cow a year. Eight billion animals a year are slaughtered for food. However, the conditions under which they are processed are brutal. For example, animals are supposed to have space when they are transported but instead they are packed together, not having any room to move, walk, and barely breathe. This causes many animals to become sick. Some die on the way. 

In fact, half a million animals a year that arrive at slaughterhouses are either dead or in unacceptable condition for slaughter. Many of the remaining animals have broken limbs. Even these are further injured when they are unloaded. 

Other forms of brutality include the "Halal method," where the animal's neck is slit in two and a half spots and, while conscious, allowed to bleed to death. A similar "method" is hanging the live, fully conscious animals upside down while their carotid arteries are cut. 

Once aware of these procedures, many fast-food fans are reconsidering their diets. "It is repulsive and sick what is being committed by humans to animals in the U.S.," said Ashley Coutier, a resident of Sparta. "It should be stopped as soon as possible." 

In 1960, the Prevention of Cruelty to Animals Act was passed, but unfortunately everyday laws are violated, and the truth needs come out. "I have heard about some of the things slaughterhouses do, but there are some things I just don't want to know and I am better off not knowing about," said Steve Snow, a sophomore at Sparta High School..."

http://media.www.tchnews.com/media/storage/paper840/news/2008/03/10/News/Animal.Cruelty.In.Slaughterhouses-3259951.shtml




"...A wise woman named Linda McCartney once said, %u201CIf slaughterhouses had glass walls, everyone in the world would be a vegetarian%u201D.

This is one of the truest statements ever made. If people thought about or saw what really happens to animals in slaughterhouses for more than a second, it would get to them and they would not be able to bring themselves to still be a carnivore. Those animals endure some of the cruelest treatment and neglect. Also, slaughterhouses are kept in the most unsanitary conditions and violate more laws then almost any other business. The slaughter of animals for human consumption should be banned.

First of all, the statistics show it would benefit land, animals%u2019 lives, and the grain and food supply if we stopped eating meat. Each person consumes 230 pounds of animals each year. Together we consume 2.6 billion pounds of dairy cow a year. There has been an increase in the amount of animals we consume and how much grain it%u2019s taking to feed them. Eight billion animals a year are slaughtered for food. [Ed. note: In 2002 the total was ten billion.]

The breakdown of each animal that is slaughtered is 38 million cows and calves, 95 million hogs, 5 million sheep and goats, 278 million turkeys, 20 million ducks, and over 7 billion chickens. The average cow should live 20 years but because they are not allowed to have a normal life and they are just raised to be slaughtered, the average life expectancy is 6 to 8 years, and sometimes even then the cows only live to 14 months. The amount of animals that are raised annually for slaughter is 30 times more then the total human population in the US, and more then the number of humans in the world.

Twenty years ago livestock consumed 6% of Mexico%u2019s grain and today they consume nearly 50%, and in Canada 77% of their grain is used to raise livestock. If American countries alone would reduce their meat consumption by just 10% that would save enough grain to feed 60 million people. The reality is it takes 4 acres of land to feed a meat eater, but only 1/2 an acre or less to feed a vegetarian. On 1/2 an acre of land 10,000lbs of apples and 20,000lbs of potatoes can be grown successfully into food. Only 100lbs of beef can be raised on that. Over a lifetime, a vegetarian will save 21 cows, 14 sheep, 12 hogs, and 1400 chickens from being slaughtered. They will also save 1 acre of trees a year from being cut down.

Slaughterhouses shouldn%u2019t be allowed to still be in operation. They have violated almost every restriction, law, and rule that has been placed on their industry. Almost everything added to the Prevention of Cruelty to Animals Act in 1960 is being violated. It%u2019s known that no matter what the animals condition is the butcher takes it into their own hands to make the most money possible. There are rules about loading and unloading that are broken every second. The animals are supposed to have space when they are transported but instead they are packed together like sardines.

There are rules about cruelty to animals such as no torturing or subjecting them to unnecessary pain and suffering, and no keeping them in cages that there is not sufficient room to go with their measurements. One of the biggest issues is that the animals are not supposed to be exposed to their own kind getting slaughtered, but they are constantly having to watch their own kind getting dragged mercilessly to their brutal death. It%u2019s also against the law to slaughter animals below 6 months, pregnant animals, sick animals, and young animals who are supplying milk. A slaughterhouse in Texas had 22 violations during a period of 6 months. During one of those inspections there were 9 live cattle found dangling from an overhead chain. Yet this is how slaughterhouses operate over and over again each day. It doesn%u2019t help that cases against them are usually not pursued because venturing deep into slaughterhouses is not an idea liked by officials. Transporting animals should be like transporting a human, each one having their own space and each one being reasonably taken care of.

However, if people were treated like the livestock while riding a bus or any other kind of transportation, many people would be facing serious charges. Just because it is abuse to an animal and not a human doesn%u2019t mean any less should be done about it. Animals are packed and pressed together so close into vehicles that they can%u2019t move and can barley breathe. A lot of times just in the process of loading the animals they will trample each other to death and blind one another with their horns. The law states that in that process they should have food, water, veterinary services, and protection from natural elements (wind, rain, fire, etc.). That is the care that any living thing should be entitled too. Those poor animals don%u2019t ever get to see a drop of any of those things though. While getting an animal from a distant place into the city where they are loaded, the animals are sometimes made to run there.

No matter what the whether conditions are. Red chili powder is put in their eyes in order to force them to run faster. They are beaten and severely tortured just to accomplish getting them to a destination. Sometimes the drivers of the vehicles make fast turns and stops that causes the animals to get knocked around and injured. The animals fall on each other which causes suffocation and more broken bones. When it finally comes down to unloading the animals, the condition they are in is appalling. Half a million animals a year that arrive at slaughterhouses are dead or in unacceptable condition for slaughter. Other animals are half dead but are still just picked up and thrown down on the concrete. Many have broken limbs but are further injured when they are getting unloaded. The handlers don%u2019t bother with kindness or care because they figure they are going to face the butchers knife anyway.

While keeping the animals before it%u2019s their time to be slaughtered they endure a series of inhumane procedures and treatment. PETA described what they witnessed one morning at a slaughterhouse %u201CBy 10:00 a.m. there were already more than a dozen downed cattle. One bull kept trying to rise to his feet but could not. He struggled before collapsing under the scorching sun, blood oozing out of his nose; his legs and horns broken.%u201D This is one example of what someone saw, but there are things that happen like that every day.

There is also a videotape that was secretly set up in an Iowa pork plant that caught live hogs squealing and kicking as they were being lowered into a tank of water. Unfortunately, there are things that are more unbelievable then that which happen and have not been caught on tape yet. However, even though it%u2019s not captured on tape we do know some other things that happen in slaughterhouses. Some of the treatment includes the use of electric prods, castration with no anesthetic, branding and tail docking with no pain relief, and hot iron de-horning with no pain relief. The de-horning involves pressing scorching heat onto the calves horns for a full 30 seconds then repeating it on the other side for another 30 seconds. Also, de-beaking with no pain relief. For that they use hot glue guns or cigarette lighters to cut through bone, cartilage, and tissue of the birds. In a different part of the slaughter house there may be birds that are alive and dangling by their feet on metal hooks. Electricity stuns them as they roll on the line for the neck blade to come down and kill them. Other handling that the animals are subjected to is the hens are forced into a schedule that restricts their water for 2 weeks and cows are limited to 2 milkings a day, when they are supposed to have 6. The average life span of a hen is 16 years but with what they endure in slaughterhouses it%u2019s shortened to 18 months. Roosters aren%u2019t that lucky, they are gassed right away and their remains are sent to rendering plants. Others don%u2019t get to be put out of their misery so fast.

There are animals that have their legs broken or hacked off so they can%u2019t run away. Some animals who are incapacitated are left laying around for days, suffering much neglect. If they%u2019re left laying outside long enough, a number of them freeze to death in the winter and fry to death in the summer. Many of the animals suffer the equivalent to that when they are dragged with chains and pushed with tractors, causing torn ligaments and broken bones.

The way in which the animals are slaughtered is tragic. The animals suffer copious amounts of pain and are sometimes alive and alert when they are being slaughtered. Every animal is supposed to be separated from others, be rendered unconscious, and then be slaughtered. They are not supposed to be dragged by their legs, ears, and horns. However, that usually is how it is done.

There are a few methods of slaughtering that are practiced, and not one is humane and how it%u2019s supposed to be done. One is decapitating the animal. Another is the Halal method where the neck is slit in 2 1/2 spots while they are conscious and that forces them to bleed to death. In that case the animal is alive and aware that they are severely bleeding and they are in excruciating pain. Burying an animal%u2019s head in the ground is not a common practice but it is still used. That way they are suffocated to death. One of the most mortifying ways of slaughtering is %u201Csticking a long iron rod through the anal opening, through the body, and making it emerge through the mouth%u201D.

All the while the animal, usually a pig, is squealing endlessly. Sometimes there is not even that much effort put into slaughtering the animal and they will just burn them to death. Cattle are many times stunned in the head with a steel bolt, their throats are slit, then they are left laying around to bleed to death. The bleeding method is used when they want the least damage to the carcass as possible. The animal is cut in a place where they will bleed the fastest. One man that has worked in a slaughterhouse says %u201CThey blink. They make noises. The head moves, the eyes are wide and looking around%u201D. He watches animals die a slow and painful death everyday when the animals are perfectly alive and conscious. He also said, %u201CSome would survive as far as the tail cutter, the belly ripper, and the hide puller. They die, piece by piece". Many animals do make it as far as being skinned when they are still living and feeling pain to the fullest.

Last of all, slaughterhouses do the least proficient job of cleaning up after animals are killed. It would be bad enough living near a slaughterhouse, but many neighbors say the worst thing is not the thought. They are constantly inhaling the nauseating stench each and every day. Neighbors also have entrails, skin, joints, and blood being dropped onto their property. Birds of prey get a hold of the barley disposed remains, fly away with them, then drop it on the near by people%u2019s land. There are usually rivers of blood flowing around the slaughterhouses and sometimes make it as far as to where the neighbors can see or smell it. The bones are boiled on the slaughter house premise which causes them to create further pollution and stench. The skins are sitting around outside in piles, sometimes for long periods of time, waiting for the tanneries to come pick them up. In unsanitary towns the carcasses are transported around with out being frozen. The water flowing through slaughterhouses go through treatment tanks like public sewers and then they end up spilling into creeks and rivers, generating more pollution. A number of slaughter houses have been ordered to add more washers and thorouly clean up. The evidence shows that many have not followed that order because the swelling of the rivers have not gone down yet.

Slaughterhouses have no right to be doing what they are doing. They perform every operation illegally. They don%u2019t give the animals food, water, shelter, veterinary services, or humane treatment. There is a pile of violations on them and yet they still continue to break more laws. Then on top of that they cause pollution and a disturbance to their surrounding neighbors. For some reason they think that in their industry they are allowed to make their own rules and do business however they please.

We need to show them that that%u2019s not allowed by shutting them down right away.



http://www.all-creatures.org/articles/ar-aninsidelook.html

SOLUTIONS WE REQUIRE (THESE OR BETTER):

 



"First, rules must be clear so that enforcement is not an inherently subjective process prone to mistakes and abuse. In particular, the downer loophole must be closed. ...The current flawed rule depends on plant workers summoning a USDA inspector back to reevaluate an animal who becomes nonambulatory after initial inspection, in order for the inspector to decide if the animal can be slaughtered, a system that seems bound to fail given the enormous pressure plant workers are under by their company superiors to move the maximum number of animals quickly to slaughter. This system creates financial incentives for precisely those abuses that we witnessed in the undercover footage....

 

"For the animals, removing current incentives that encourage workers to try every cruel tactic imaginable to move downers to the kill box would alleviate suffering. If crippled animals cannot be sold for food, slaughter plants have no reason to prolong their misery to try to get them through the slaughter process."

Temple Grandin, Professor, Colorado State University and author of Animals in Translation, testified, " I have worked for over 30 years to improve the treatment of animals at slaughter plants. Half the cattle and 25% of the pigs are handled in facilities I have designed. ...The recent video of dairy cows being tortured with a forklift made me sick. The abuse of cattle at this plant was 100% caused by a lack of employee supervision and a complete failure of the USDA inspectors. The Humane Slaughter Act prohibits dragging of crippled animals, and it was not enforced..... 

"[M]any of the ... regulations are vague and subject to different interpretations. Inspectors need better training and clear directives to improve consistency. It is impossible for different inspectors to be consistent when vague terminology is used such as %u2018unnecessary pain and suffering.'"



Grandin explained, "The present system of USDA inspection is like having traffic police giving out speeding tickets when they think cars are speeding. Police departments are able to enforce the speed limits in a uniform manner because the officer MEASURES a car's speed with radar. The decision to pull a car over is based on a measurement, not subjective judgment of speed. For other traffic rules such as being in the wrong lane, the rules are very clearly written so that the officers will interpret them the same way."

 

Grandin recommended clear bans on certain practices. She further recommended "animal based outcome standards [measured with] numerical scoring. For example, the percentage of animals that fall during handling can be caused by either a slick floor or rough handling by people. Falling is an outcome of bad equipment, poorly trained people, or very weak cows that should have never been brought to the plant. Measuring the percentage of cows that fall at a plant is a sensitive indicator of three different types of problems [which can then be corrected]. The percentage of cattle falling can never be zero, so falling cannot be banned, but it should be kept at a very low level."

 

Grandin developed a numerical scoring system during a survey in 1996 of slaughter plants.

 

Grandin concluded, "I recommend that the USDA adopt numerical scoring to make enforcement of the Humane Slaughter Act more uniform and to uphold higher standards. Many progressive inspectors are already informally using it. For the practices that are prohibited, a handbook of very clear guidelines is needed for enforcement. It would list prohibited practices where there is a zero tolerance."

%u3000



http://www.animallawcoalition.com/farm-animals/article/492

%u3000

%u3000

Brussels - The European Commission on Thursday called for new rules aimed at reducing animal suffering in Europe's butcheries.

Under the proposals, slaughterhouses should appoint a trained staffer responsible for ensuring that animals are being treated humanely.

Such a person would, among other things, have to ensure that animals which are stunned do not regain consciousness before they are slaughtered.

Manufacturers of stunning equipment would have to provide detailed instructions on how to stun animals, while European governments would have to create research centres tasked with assisting official inspectors.

"As a society we have a duty of care to animals, which includes minimising distress and avoiding pain throughout the slaughtering process," said EU Health Commissioner Androulla Vassiliou.

Vassiliou's proposals, which are not likely to be approved by EU governments until next year, were welcomed by animal-rights groups.

"These proposals are a step in the right direction and will benefit millions of animals," said Sonja Van Tichelen of Eurogroup for Animals, a pressure group.

"It is unacceptable in a civilised society that animals have to suffer in their final moments. So much of their suffering can be avoided or decreased by having well-trained staff and by using appropriate stunning techniques," Van Tichelen said.

Groups representing meat traders and slaughterhouses said they still needed to study the proposals to find out whether such measures would result in higher production costs.

"A good cost-benefit analysis is necessary. Generally speaking we cannot be against measures that aim at protecting animals," said Jean-Luc Meriaux of the European Livestock and Meat Trading Union.

Officials in Brussels note that smaller slaughterhouses may be exempted from the new rules.

Nearly 360 million pigs, sheep, goats and cattle, as well as several billion poultry, are killed in EU slaughterhouses each year.

A further 25 million animals are slaughtered by the fur industry, according to commission figures.

To ensure fair competition, the commission's proposals would also apply to non-EU producers who export their products to member states. (dpa)



http://www.topnews.in/european-commission-seeks-more-humane-treatment-slaughterhouses-268693

%u3000

%u3000

 

EU wants welfare officers in slaughterhouses



Slaughterhouses throughout the EU could be obliged to appoint special officers for animal welfare who are to ensure that pigs, sheep, goats, cattle and poultry are humanely treated at the time of their killing, according to European Commission proposals unveiled on Thursday (18 October).



If approved by all 27 member states, the European Commission's proposal will "integrate welfare considerations into the design of slaughterhouses," requiring the killing techniques to be constantly monitored.




A cow restrained for stunning ahead of slaughter



Abattoirs will have to appoint a specific person responsible for animal welfare and ensure that their staff are properly trained and certified, although. Small slaughterhouses will be exempt from this requirement.



Every year, nearly 360 million pigs, sheep, goats and cattle as well as several billion chickens are killed in EU slaughterhouses for their meat. The EC proposal will also apply to the about 25 million animals killed for their fur.



"As a society we have a duty of care towards animals, which includes minimising distress and avoiding pain throughout the slaughtering process," EU health commissioner Androulla Vassiliou said.



"The current EU rules are outdated and need revision. This proposal will make a real difference to the way animals are treated at the time of slaughter, as well as promoting innovation and providing a level playing field for operators," she added.



Animal rights groups hailed the commission proposal.



Eurogroup for Animals spokesperson Steven Blaakman told EUobserver: "The commission made no mention of religious slaughter," pointing out that some countries such as France allow exceptions on religious grounds from having to stun an animal before it is killed. "There, a large amount of sheep meat comes from animals killed via religious slaughter," Mr Blaakman said, while Sweden permits no exceptions on religious grounds.



Enforcing the regulations in the new member states may be difficult however. Romania maintains a strong tradition of slaughtering pigs for Christmas in one's own back yard instead of at slaughterhouses.

 

DECLARATION

 


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


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


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

 

New  Professional / Trade Title :   Indian’s  Diary

 


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 ,  Indian’s  Diary  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 ,  Indian’s  Diary  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.


Old  Home page : 

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

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

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

 

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

 

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

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

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

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 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 :  08.07.2017…………………………..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/  ,

https://sites.google.com/site/indiansdiary/ ,

https://groups.google.com/forum/#!forum/indians--diary  ,

https://indiansdiary1.blogspot.in/ ,

https://in.groups.yahoo.com/neo/groups/indiansdiary/info ,

http://naghrw.tripod.com/ ,

http://evoiceofhumanrightswatch.wordpress.com / ,

 

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

 


Posted by naghrw at 1:02 PM
Saturday, 1 July 2017
PIL - Compensate Prisoners
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.27........08 / 07 / 2017

 

 

PIL –   Compensate  Prisoners  illegally  detained

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

 

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

 

 

IN THE MATTER OF

 

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice

# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

 

Versus

 

Honourable Chief Secretary , Government of Karnataka & Others

....Respondents

 

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

 

To ,

Hon'ble The Chief Justice of India and His Lordship's Companion

Justices of the Supreme Court of India. The Humble petition of the

Petitioner above named.

 

MOST RESPECTFULLY SHOWETH :

 

1. Facts of the case:

 

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for

power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

  Majority  of  prisoners  in  Indian  jails  belong  to   poor , minority , oppressed  sections of society and  2/3rd  of  prison  population  comprises of undertrials.  Are  not  there any criminals  among rich , affluent  and forward castes , majority community ?  It  proves the bias , prejudice  of  police , establishment. There are  good  , honest  people  as  well as criminals  in  all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament  , but due to their  caste , financial clout  escaping from conviction , legal prosecution.

    As  per  law , all citizens of india are equal.  However  under trials  ( who are innocents till proven guilty )  are discriminated in Indian jails.  Ordinary citizens / accused  are crammed in rooms resembling  pig stays . whereas  accused  from  rich / influential back grounds  are given separate rooms with cot , bed , television , news paper , etc.

   As  per  law , all citizens of india are equal.  A criminal is a criminal . However   Indian prison authorities discriminates here also.  Former ministers  who looted  crores of rupees from public  exchequer , corporate  persons  industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar  are  treated like slaves , pigs don’t get proper food , health care.

   India Jail Manual   procedures differentiate prisoners based on their caste , social  background ,  while  allotting  prison cells , food , visitor facility , parole ,  mandatory work , recreation facilities - which in itself is illegal.

   Apart from this , corruption in Indian jails is rampant.  Prisoners with money , influence  get everything within  jail itself , mobile phone , drugs , fire arms , etc. some  mafia dons  run their empire from prison itself.

  Poor prisoners are tortured by  police , jail personnel and   criminals  within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination  jail  authorities  are promoting small time criminals to commit  bigger crimes to get royal treatment in society as well  as in jail.

  Few   prisoners convicted by lower court due to bias of police , prosecutor  &  lower court judges are acquitted by higher courts.  However  due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for  years , decades. But the culprits  Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this  manner  even innocents are killed in fake encounters or  by death sentence.

  It is the duty of the judge  who awards  jail sentence to a  convict or an accused  , to  ensure his safety , health care  and to  see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.

 If  the Supreme Court of India ,  NHRC  delays  in acting on this PIL  petition  resulting in  prolonged  imprisonment of  undertrials , convicts or Innocents , Supreme Court of India  / NHRC  judges  also jointly become responsible for the  crimes against those  illegally imprisoned and  SCI judges are also equally responsible to pay compensation from their personal pockets.

 

2. Question(s) of Law:

 

Are  not all  prisoners  equal ?  is not  theft  of ten rupees  or theft of thousand crores of rupees , both crimes ?  Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty  of a judge  who has  awarded jail sentence to  an accused / a convict ,  to  ensure safety , health care of the said prosiner ? is it  not the duty of  the judge  to monitor whether  the convict is getting  right  punishment  as per law  nothing  less  nothing  more ? 

 

3. Grounds:

 

Requests for equitable justice , equal treatment of prisoners. Requests of  stopping torture of poor prisoners. Prosecution of  corrupt  judges , police & jail personnel.

 

4. Averment:

Prosecute  Sanjay  Dutt  under  TADA

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

Revoke Bail of Salman Khan

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

 

Aeroplane Rides for Corrupt Police Corrupt Judges

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the  cases to perform their duties.

 

 

PRAYER:

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

 

 

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

 

b. Hereby , I do request the honorable supreme court of India  to  immediately annul  the Jail Manuals  of all state governments of india , which are discriminatory.

c. Hereby , I do request the honorable supreme court of India  to constitute an expert committee  to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.

d. Hereby , I do request the honorable supreme court of India  to  initiate legal prosecution of jail personnel , police &  judges who failed in their duties to  ensure safety of prisoners , resulting in torture of prisoners and  for  prolonged imprisonment or   illegal  imprisonment of innocents.

e. Hereby , I do request the honorable supreme court of India  to order all state governments to ensure food , health care , recreational facilities , parole  on an equal footing  to all prisoners without discrimination.

f. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  for  suffering discrimination , torture.

g. Hereby , I do request the honorable supreme court of India  to  order respective state governments pay compensation to prisoners  who spent years behind bars , finally acquitted by courts  and in the case of prisoners  who spent more years in jail than the  quantum of punishment  codified in IPC  due to prolonged  case trials. In both such cases afterwards state government must recover money from  respective presiding judges , investigation officer & government  legal prosecutor.

 

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

 

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

 

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

 

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

 

SC dismisses state govt's plea against acquittal of man who "mistakenly" served seven years in prison for rape

 

In a setback to the Maharashtra government, the Supreme Court has dismissed a petition filed by it seeking permission to file an appeal challenging the acquittal of a Ghatkopar resident booked for rape in a case of "mistaken identity". Gopal Shetye had served seven years in prison for the rape case and has now filed a case in the Bombay high court seeking Rs 200 crore as compensation for the "wrongful prosecution".

 

"There is a delay of 357 days in filing the special leave petition, which has not been satisfactorily explained (by the state)," said a division bench of Justice A K Sikri and Justice N V Ramana. "Also the fact that Shetye, though acquitted, has served the complete sentence awarded by the Trial court, we are not inclined to entertain this special leave petition," the apex court bench added while dismissing the state's plea as barred by limitation.

 

 

The state had filed the appeal after Shetye filed his petition seeking compensation.

 

 

Shetye, who used to work in a hotel in Ghatkopar, was arrested on July 29, 2009. He later found out that he was charged with raping a 28-year-old woman from Aurangabad sleeping on a railway bridge at Ghatkopar station 10 days prior to his arrest.In 2010, a sessions court convicted him and sentenced him to seven years jail. By the time, the HC decided his appeal, he had served his jail term. In 2015, HC found no evidence to link Shetye to the murder.

 

 

The victim had said that the man who raped her was "Gopi" and the court said that the police themselves had floated the theory that "Gopi" was Gopal Shetye.

 

 

The HC had also picked holes in the police case—Shetye was shown to the victim in the police station before the test identification parade and the investigation agency had not produced the CCTV footage."This was a case where the identity of Shetye as the culprit had not been satisfactorily established," the HC had said. "The investigation had not been satisfactory. No serious efforts were taken to find out the truth or to collect evidence."

 

False Terror Cases: Can Compensation Assuage a Victim’s Trauma?

By  Alok Prasanna Kumar

 

With a trial court acquitting two out of the three accused in the Delhi blast case of 2005, The Quint revisits the debate on whether the state is liable for compensation for falsely implicating the innocent in terror-related cases. This article was first published on 31 January 2017.

Another so-called “terror case” prosecution has fallen apart in the light of judicial scrutiny. Eleven years after Delhi’s notorious “Special Cell” detained Irshad Ali and Maurif Qamar for allegedly being members of the Al-Badr Brigade, a trial court in Delhi acquitted them of all charges pointing out that they were in fact police informers who had been falsely framed.

This is in addition to the debacle it suffered in court over the “Malda fake currency” case, where the Special Cell claimed to have caught – in filmy-style – men attempting to smuggle fake currency into Delhi. Once again the trial court found out that there was simply no basis for the Special Cell’s case.

Adambhai Ajmeri was found guilty of having been part of the terrorist attack on the Akshardham Temple in Ahmedabad, his conviction was upheld by the Gujarat High Court, but was entirely acquitted by the Supreme Court that found that the whole case had been concocted against him and five others. This was after 11 years in prison and eight years on death row.

 

Victimisation of Minorities

I could go on, but the stories are depressingly identical. Innocent men – mostly Muslims – are picked up in the name of “anti-terror operations”, detained for years, while evidence is cooked up and false charges slapped on them. Usually these cases fall apart on the most basic judicial scrutiny. Sometimes, as in Adambhai’s case, it requires the Supreme Court’s intervention before justice is done.

All of these cases are indicative of a deep-rooted prejudice and dysfunction in our police forces.

Delhi Police’s “Special Cell” may be the most notorious, but by no means exceptional in its persecution of innocents. The Jamia Teachers’ Solidarity Association has documented 16 such cases, including Irshad and Qamar’s cases. Such abuse of the criminal justice process and the victimisation of Muslims have been well-documented and widespread.

It’s not just Muslims in the context of terror cases. People from socially and economically backward classes are also severely discriminated against by police when it comes to even routine cases.

 

Is the State Responsible for False Charges?

•           The root cause behind false charges in terror-related cases is the lack of reforms in the police, often seen as an instrument of state control.

•           The State owes responsibility in false terror cases since the law establishes that onus of malfeasance of public servants lies with the government.

•           What needs to be worked out is a mechanism of providing compensation to the victims, by the State and its intricate bureaucracy.

•           Compensation should be provided only in cases where the accused has been in custody for more than 60-90 days and the case is a fabricated one.

•           There should be a punitive element as well, making the errant police officers liable to bear a certain amount of the compensation.

Discrimination Against Tribals, Dalits

The caste-wise break-up of under-trials across the country, and also those who have been sentenced to death, shows a distinct bias towards the Dalits and adivasis. The recent “Swathi murder case” is another example of this discrimination. After detaining a Dalit man, who was accused of being the murderer on the most flimsy evidence, police were unable to file a chargesheet even six months after having allegedly “cracked” the case.

His death in police custody – in poorly explained circumstances – only makes the initial arrest and investigation more suspicious. Many adivasis still languish in jail as the Chhattisgarh government detains them under the notorious Special Public Security Act, 2005, slapping multiple false cases on them, denying even basic legal protection to the most vulnerable sections of the society.

The basic, underlying cause for this is the fact that the colonial police force inherited by the modern Indian state has not been reformed at all. It is still seen as an instrument of state control of the subject population, both by the rulers and the ruled. The police forces are ill-equipped and ill-trained to be modern police forces fit for a constitutional democracy, and are in no way representative enough to inspire confidence in the weaker sections of the society.

Need for Police and Judicial Reforms

Reforming the police forces will take a generation at least – that is, if the state governments cease resistance to reform and seriously start implementing even the most basic recommendations made by the Supreme Court. There is a need for a much-wider reform, including reconceptualisation of what a police force in India is supposed to do, who it is supposed to protect and from whom.

That said, there are some things that can be done instantly to remedy the injustices suffered by those who have been at the receiving end of the police malfeasance in criminal cases.

One argument that is made is the granting of compensation to those who have been victimised by false terror or other criminal cases. However, this didn’t find favour with the Supreme Court recently when the victims of such false accusations approached it seeking compensation.

Responsibility of the State

There is no denying though that the need is pressing and the State cannot escape responsibility. It is well-established in law that the state is responsible for the malfeasance of its servants in the course of their official duties. This principle is applicable even if the government servant exceeds her brief, but so long as the act was done while she was “in uniform” (so to speak), the Government can be held liable. This is a claim that can be made not only in the context of the law of torts, but also in the realm of constitutional law.

For instance, the Union Government on the orders of the Calcutta High Court and the Supreme Court, had to pay compensation to a Bangladeshi woman who was raped by the Indian Railways employees on railway premises. Custodial deaths have been held to entitle the deceased’s family to compensation from the government responsible. Most recently, we have seen the National Human Rights Commission direct the Chhattisgarh government to pay compensation to the adivasi women who were raped by the security forces.

But, false terror and other criminal cases are not one-off failures that require one-off remedies from the court. The victims of the criminal justice system, who have suffered economically, emotionally, physically and psychologically for years on end can’t be expected to gird their loins for a long and bruising battle in courts. The problem is systemic and so should be the solution.

Compensation for the Victims

Equally, it would also be utopian to expect the State to set up a sufficiently-responsive and active mechanism to provide compensation for such victims of the criminal justice system. Given that most of the victims are dis-empowered, to expect them to negotiate the intricacies of bureaucracy and other state agencies on a matter where the State would already be disinclined to believe them would be an unfair burden.

In such a situation, what reasonable solution can we offer?

One possible answer is to empower the court that acquits or discharges unfairly charged persons to award compensation to those whose lives have been destroyed by the false case. Since this court or more specifically, this judge, is the one who has just examined all the evidence in a case and has taken a call on the guilt or otherwise of the accused, where the judge finds that the case has been falsely foisted on a person by the police, she should be empowered to award compensation to the person she has acquitted or discharged.

To make this mechanism more effective, and targeted, compensation should be awarded not in all acquittals, but only when two criteria should be met: the accused should have been in custody for more than 90 days or 60 days statutory limit placed in the Code of Criminal Procedure, 1974 and that the case should have been patently false. The latter would be fulfilled if the police did not follow the statutory procedures in collecting evidence, or made false statements in the court or elsewhere, or are shown to have subjected the accused to torture or other degrading treatment to obtain a confession. This does not preclude separate criminal proceedings against the concerned police officers for perjury, assault and other crimes; it will ensure that at least the unfairly accused gets some relief.

Quantum of Compensation

The concerned court should be empowered to take any further material that the victim can place before deciding the quantum of compensation. The compensation should not only address the economic aspect, loss of income, and expenditure on litigation, but also address the emotional and psychological trauma that such false cases cause. There should, in addition, be a punitive element to this compensation that should, ideally, be recoverable from the concerned police officers.

The concept of a criminal court awarding compensation is not unknown in the Indian law. Section 357 of the Code of Criminal Procedure, 1973, allows the court to direct the payment of compensation to the victim of a crime from the fine payable by a convicted person.

State Governments Should Take the Lead

Likewise, if an accused has been arrested on the basis of a complaint given by a person, and the court finds that no case was made out against accused, it can award compensation to such accused in accordance with Section 250 of the Code of Criminal Procedure. It is also not entirely unfamiliar to the system – in most places the same judge exercises both civil and criminal jurisdictions in a given district. To that extent, it is a reform that is rather easily implementable.

When compared with large-scale police reform, this is relatively low hanging fruit for the state governments in India to undertake. That our criminal justice is broken and dysfunctional cannot be disputed. Rectifying it should not only focus on addressing the larger issues, but also address the needs of the victims of this system.

 

 

Prisoners of the system

By  Sonam Saigal

 

Terror suspects find themselves jailed for long periods without trial, and when proven innocent, find that the country does not make any kind of reparation

On January 15, 1994, Mohammad Nisarudin was at home in Gulbarga, Karnataka, preparing for his Diploma in Pharmacy final exams, 15 days away. After he qualified, the 19-year-old planned to get a job in one of the Gulf countries, a dream he and his best friend Sajid (name changed) had talked about since they were seven. But that day, the police knocked at the door of his parents’ home and took him away in handcuffs. Initially, the police booked him for a bomb blast that had taken place in October 1993 in a Muslim educational institute in Hyderabad, then he was booked in a few unsolved bomb blasts that had taken place in August and September in 1993, then he was booked under the anti-terror law Terrorist and Disruptive Activities (Prevention) Act (TADA) — which was repealed two years later, in 1996 — for planting the bombs that took two lives and injured 22 in five trains on December 5 and 6 1993 in Mumbai, and after a ‘confession,’ put into Ajmer Central Jail. On February 28, 2005 a TADA court at Ajmer convicted him and gave him a life sentence.

Mr. Nisarudin stayed there for 23 years labelled a terror-accused. “Main yaad bhi nahin karna chahta unn dino ko; mujhe darkinar kar diya tha 73 days ke liye, chaar din tak khade rakha bediyon se baandh kar. (I don’t even want to recount those days, I was isolated for 73 days in the lock up, was made to stand and chained for four days]. On May 11 2016, the Supreme Court ruled that his confession, which was taken in police custody, was totally inadmissible, acquitted him of all charges and set aside his life sentence.

Left behind

When The Hindu spoke to Mr. Nisarudin at the home of his older brother Zahirudin, in Gulbarga, Karnataka, his voice quavered with emotion. “23 years of my life are gone to prove my innocence. Sab mujhse aage badh gaye, aur main sabse peeche reh gaya [Everyone has gone ahead in life and I am left far behind]. Most of my friends have gone abroad and those here don’t relate to me anymore. They could not even recognise me, how would they? There is a difference in the 19-year-old Nisarudin they last saw and today’s 42-year-old. An entire generation has gone by.” When this reporter asked him whether he had sought compensation of any kind from the State, his sorrow turned to anger: “How can I be compensated for all the years lost? Can I ever be compensated in any manner?”

Unable to carry on, he put his brother on the line. Mr. Zahirudin says that the family has used up all their savings in the long legal fight to bring Mr. Nisarudin home and were living day to day at the moment. “We do not have any resources to fight another legal battle.” Mr. Zahirudin says. “It takes a lot of money to do so and we lost all that we had to bring my brother home. Even if I seek action against those who falsely implicated him, half of them are dead. What is the way forward then?”

The focus now, Mr. Zahirudin says, is to help his brother put his life together again. “He is also entitled to be happy, just like you and me. I want to see him settle down. But people still don’t want to get their daughter or sister married in our family. Not only my brother, my entire family is a victim of the judiciary.” He says that though he tries to explain that his brother was falsely implicated and has been proved innocent, people fear that because he was accused of a terror crime, he will probably be picked up by the police for any blast that takes place in the country.

What rankles most is that though his brother has spent more than half his life in jail, the system has not expressed regret: “The least the judges could have done was expressed some sympathy or remorse.” In his opinion, the system has much to answer for; he says that when TADA was repealed his brother should have been released, but because presiding judges got transferred, public prosecutors were absent or repeatedly sought adjournments, it cost Nisaruddin 23 years in jail.

Victims of the system

While the length of Mr. Nisarudin’s incarceration is an extreme, his isn’t an isolated case.

Take Abdul Wahid Din Mohammad Shaikh, 39 now. He was charged of complicity in the Mumbai train blasts of November 7, 2006 and spent nine years in Arthur Road Jail in Mumbai before being acquitted of all charges — the only one of those accused to be acquitted — and released. Mr. Shaikh told The Hindu that all the accused were made to sign many documents, some of which were blank. “Had I known the consequences I would have never done so.” While in jail, he enrolled in a law course, and finished a course in journalism. If he knew something of the law at the time he was arrested, he said, “I would have known what a confession is, what the consequences of signing on any written or blank pages are, what is the rights of an accused are, what the rights of those arrested are, what the duties of an investigating officer and agency are.”

While he was in prison, his wife, who had never stepped out of the house, had to go out to work to make ends meet. Now that he is free and exonerated, his goal is to secure the release of the others who were, in his opinion, wrongful implicated and convicted in the same case. “Once those trapped in this case are out, I will strive to release those languishing in jail for being falsely implicated.”

And there is Adnan Mulla, 40, who was sentenced to 10 years for the Mulund blasts of March 1, 2003. Initially he was illegally detained in 2003 and not released because the police wanted to make him a witness. Then he was made an accused after he refused to give a statement against his brother-in-law of Saquib Nachan (former general secretary of the now-banned Students Islamic Movement of India, SIMI). “I spent six years and one month in jail,” he says. Throughout his incarceration, he was kept in the anda cell, an egg-shaped high security block. “I was going to get married the same month I was picked up,” he says. “My fiancée waited for seven years for me to be released. Only I know how much she and both our families suffered. How can the loss of time be compensated by any officer or government?”

A system in need of reform

In 1765, in Commentaries on the Laws of England, jurist Sir William Blackstone wrote, “It is better that ten guilty persons escape than that one innocent suffer.” While India borrowed much of the UK’s legal system, the spirit of the ‘Blackstone Formulation’ (as it has come to be known) does not seem to be followed. (See box.)

There are no figures for the number of people released for lack of evidence after long spells in prison. Even more disquieting is that India does not have any compensation for people who have lost years of their lives to the justice system.

“Under normal circumstances we want to book the real culprit and have no motive to trap someone in a case,” says Prakash Singh, a retired Director General of Police. “We want to do a fair investigation, but the instruments of investigation are blunted and rusted as the police apparatus is in bad shape. It is possible that police officers are susceptible to bias and pressures from all areas and if politicians decide, don’t catch people from my community but from the other one, then there is selective prosecution.”

“When there is a terror case, you should have an open mind and take into consideration all aspects,” Mr. Singh says. “It is unfortunate that 90% of the time members of a certain community are involved. When one is investigating, I am not denying there may be some prejudice as there are pressures. Sometimes there are mistakes, and sometimes just because someone has a bad character and is in the bad books, an officer succumbs to the temptation [of implicating him]. These things do happen in real practice; I am not denying it.”

Although the Supreme Court has granted compensation in some cases in the past, it has not laid down any guidelines on how compensation can be calculated. One possible difficulty: terror cases are very different from, say, a motor vehicles case, which can have a formula.

Advocate Indira Jaisingh, former Additional Solicitor-General of India says, “The first step for the State would be to just acknowledge the wrong-doing. Then reparation. This will also act as a deterrent, as the officers need to be more careful in future. The demand for compensation certainly raises an issue that the Indian legal system has to learn to deal with, whether by legislation or in courts.”

Right to compensation

“The right to compensation is a human right,” says advocate and human rights activist Vrinda Grover, “and it is the responsibility of the State in falsely implicated cases because people are picked up for their religious affiliation or denomination and the police, who is an agent of the State, know that the person has nothing to do with the case but wrongly implicated the person.”

Courts have the power to compensate, says P.D. Kode, a retired judge of the Bombay High Court, “It depends upon the judge; once the trial is over and he has ascertained the evidence and if a person is prosecuted maliciously, the victim can file a suit for damages.” He says that high courts have awarded exemplary compensation in many cases, for example in ‘encounter’ cases. “They have to show that witnesses were liars. If such things come on record, the court has the power to order compensation. If courts come to a conclusion that the accused was framed, courts have wide powers to do justice to the accused.”

The Innocence Network (IN) is an affiliation of organisations that provides free legal and investigative services to individuals seeking to prove their innocence of crimes, and supporting them after they are freed. It is also working to eliminate the causes of wrongful convictions. IN suggests that the government should grant compensation to the those exonerated, for the loss and harm caused to them and for violating their rights under Article 21 (Right to Life) of the Constitution of India. It says compensation should be calculated on case-to-case basis, factoring in the length of incarceration, loss of income, loss of opportunities (of education, possibilities of livelihood, skills), and the amount spent on legal fees, as well as more intangible harm like the loss of family life, stigmatisation, psychological and emotional harm caused to the accused and their families. They also recommend that the amount may be recovered from the officers responsible for the wrongful arrests and prosecution.

Ms. Grover agrees that compensation must be directly taken from officers responsible — so a clear signal is sent that these acts won’t be condoned — but says that an arithmetic calculation could not be done. “But there needs to be a very high compensation, something to the tune of 10 lakh is a small minimum.”

Justice A P Shah, former Chairman of the Law Commission and a member of the jury of the Innocence Network, says, “Terror cases are very different. With the stigma of being associated with terror cases, families are huge sufferers. Ideally we should have legislation but even in the absence of that courts have awarded compensation in several cases. The courts have even booked erring officers if evidence is fabricated, officers are booked for perjury, contempt of court and other offences under the Indian Penal Code.” He says that since the Prevention of Torture Bill, 2010, has not been introduced in Parliament — it was sent back by the Select Committee four years ago — the only way to fight is in the court of law.

Abandoned by all

“Ours is a befitting case for compensation,” says Mr. Zahirudin. “But there need to be categories for those acquitted: benefit of doubt, insufficient evidence, falsely implicated. The third category needs to be chalked out differently. The courts need to look into reasons of why this happens and how and why someone is implicated. Why is only a certain section of the society targeted? Pick up any blasts case whether it is Ajmer or Malegaon…”

Mr. Nisarudin interrupts, not quite calm, but less emotional now: “I want to start a business of my own. I always wanted to open a hardware shop with my brother, but we have no money to do so. Will people come forward and help me financially in any manner? If they do it will go a long way in rehabilitating me. I have very little hope from the government.”

The story has a small silver lining. The Hindu first spoke to the brothers in December 2016. A few weeks later, the family found a bride for Mr. Nisarudin, “after great difficulty,” his brother says. He was married on February 10.

How the world makes reparation

Article 14 (6) of International Covenant on Civil and Political Rights: When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him.

• United Kingdom: The Home Secretary, under specified conditions and upon receipt of applications, is obligated to pay compensation for wrongful conviction or incarceration.

• France: Code de Procedure Penale follows International Covenant on Civil and Political Rights.

• Germany: An Act of Parliament (the Law on Compensation for Criminal Prosecution Proceedings 1971) specifies that whoever has suffered damage as a result of a criminal conviction which is later quashed or lessened the applicant shall be compensated by the State.

• Australia: In 2004, the Australian Capital Territory incorporated a slightly reworded version of Article 14 (6) within ACT legislation. As per the Human Rights Act 2004, an individual who is wrongfully convicted of a criminal offence may seek compensation.

• New Zealand: A guided discretionary system of compensation under the Compensation and Ex Gratia Payments for Persons Wrongly Convicted and Imprisoned in Criminal Cases.

Born to the wrong community

According to the National Crime Records Bureau’s 2015 statistics, out of 185,182 prisoners in Central Jails, 94,675 (51.1%) are ‘undertrials’ (the term for people who are suspected of a crime, arrested, incarcerated but not yet tried in court) and in district jails, out of 180,893 prisoners, 143,495 (79.3%) are undertrials.

NCRB numbers say that over 55% of undertrials across the country are either Muslims, Dalits or tribals. Scheduled Castes are 16.6% of India’s population, and Scheduled Tribes are 8.6%. Muslims are roughly 18% of India’s population, but make up 15.8% of the country’s convicts and 20.9% of its undertrials.

The creaking legal system means that long periods can pass before a case comes to trial: in 2013, 62% of total inmates were undertrials who had been in jail for more than three months; on 2014, that figure was 65%.

A study by the Quill Foundation’s Centre for Research and Advocacy on terror prosecution in Maharashtra since 1993 found that an overwhelming number of the more than 460 accused of terrorism in Maharashtra have been declared innocent after spending an average of three to six years in prison. More than half of the accused in the state were doctors, engineers, and educated professionals at the beginning of their careers. Almost all of who had been released after being found innocent had, after their release, been forced to pick up traditional occupations or small scale businesses, or remain unemployed. The study found that both the judicial process and the conviction rate in terror-related cases has been very low: only 42 of 93 cases filed since 2001 against SIMI (with more than 200 accused), have been heard and concluded. Of these 42, only three saw convictions (with sentences of two years each) and 39 have resulted in acquittals.

 

 

COMPENSATE   ACQUITTED  INNOCENTS  -   JUSTICE  A P SHAH

 

One of the biggest pitfalls of arresting a person on malicious and wrongful intent in terror cases is that while innocents get behind the bars, the real culprits go scot-free which can be very dangerous for the society, observed Justice AP Shah, former Chief Justice of Delhi High Court, while releasing the first Peoples’ Tribunal report on acquitted innocents.

“We need to improve the efficiency of our investigating agencies to ensure that such pitfalls that have ruined and are still ruining hundreds of lives are removed. The trial in such cases takes seven to eight years or more to complete, and by the time the accused is released, his or her life is in a shambles,” said Justice Shah, citing the case of Nisaruddin, who was acquitted by the Supreme Court in 2016 after spending 23 years in prison.

The tribunal, first of its kind, heard depositions from nine acquitted innocents over a period of two months who were picked up by the police in terror cases but later exonerated by the courts for want of evidence but in the process had to suffer the humiliation and social stigma of being a terror accused.

One of the acquitted victims who spent 14 years in jail, Mohammed Aamir Khan, termed the report as a milestone but found it lacking in spelling out what could be done to save the terror accused within the four walls of prison.

“I was acquitted after 14 years. Our jails are no better than Abu Ghraib where accused like me go through the worst kind of torture and are always at the mercy of police and other convicts. Many get killed like what happened in Bhopal jailbreak case,” said Aamir.

Giving its recommendations to save, compensate and rehabilitate exonerated accused of terror cases, the tribunal observed that the government should grant compensation to the exonerees for violating their right to life and liberty and the torture they underwent under Article 21 of the Constitution.

“It is shameful that India does not have any such provision,” said Justice Shah, adding that the cost may be recovered from the officers responsible for the wrongful arrests and prosecution.

The tribunal recommends greater accountability and transparency of investigating agency for which they should be subjected to initiation of departmental enquiry against the officers concerned and the erring officers must be suspended with immediate effect pending enquiry. “If found that the criminal prosecution against the acquitted persons was malafide and amounts to offences under IPC Sections 194, 196 and 211, the officers named by the exonerees should be prosecuted,” the report said.

The report recommended enactment of law to compensate for miscarriage of justice, pass the prevention of torture bill that is pending in the parliament for four years, shifting the burden of proof in offenses related to custodial violence and torture by bringing amendment in section 114B (1) of the Indian Evidence Act as proposed by the Tenth Law Commission.

On MCOCA

The tribunal explicitly recommended repealing Section 18 of MCOCA thus calling for an end to the admissibility of confessions as evidence and bringing all undergoing trials in repealed and lapsed TADA and POTA under ordinary law.

 

Acquitted Innocents

Shoeb Jagirdar — Mecca Masjid Blast case

Shoeb Jagirdar is a resident from Jalna, Maharashtra. He was first accused in the Mecca Masjid blast case. After his bail was furnished in this case he was charged in the Gokul Chat blast case. The charges against him in the Mecca Masjid blast case was of smuggling RDX and of fake passport acquisition. In the Gokul Chat case he was charged against Sec 107 of the IPC. He was acquitted after spending 7 years as an undertrial.

Mohammad Aamir Khan

Mohammad Aamir Khan is a residence of Delhi. All the blast between the years of 1996-97 that took place in Delhi was charged against him. They were a total of 19 cases against him under charges of sec 121, 122 302 and 307 IPC and sec 3 and 4 of Explosive Act. He spent 14 years in the prison.

Dr. Yunus — Jaipur SIMI case

Dr Yunus and 10 others were arrested for the Jaipur SIMI case. They were accused of taking forward the activities of the banned organization SIMI. Dr Yunus was brutally tortured in prison where he spent a total of 3years. The ba􀄴ery of charges against Dr Yunus had to do with speech and association- talking against national unity , integrity and secularism , of involving Muslim youth in anti- national activities, taking forward the activities of the banned organization SIMI and sympathizing with those carrying on similar activities, and not violence. He was found innocent on all counts.

Abdul Azeem — Aurangabad Arm Haul Case

Abdul Azeem is a resident of Beed, Maharashtra. He was alleged to be the driver of the terrorists of the Aurangabad Arms Haul case. He was acqui􀄴ed after spending 10 years and 3 months in prison. The charges against him included Sections 10(a), 13, 16, 18, 20, 23, 38, 39 of the Unlawful Activities (Prevention) Act, and Sections 3(2), 3(1)(ii) & 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

Maulana Salees — SIMI case

He spent about 2.5 years in jail and still some of the charges continue to be against him. He was alleged to be a SIMI member at the age of fifty. Later 4 more charges were put against him. He was also held responsible for the Kanpur blast case. However, he was found innocent on all counts.

Wasif Haider

He was accused of waging war against the nation (sedition), rioting, of a􀄴empt to murder under Indian Penal Code (IPC) and some other sections of national security act (NSA). He was also accused of being a Hizbul Mujahideen operative. Nothing though could be proved in the court, and he was honorably acqui􀄴ed. The prosecution appealed against Wasif’s acquittal in the High Court, but its appeal was dismissed by the court at the primary stage itself.

Nisar and Zaheer Ahmed — 1996 Railway Blast case

Nisar Ahmed was acqui􀄴ed after 23 long years of jail. He along with his brother Mohammad Zaheer- who spent 14 years in prison- was convicted for the railway blast cases in 1996. The charges against them were of under various sections of TADA, IPC, Explosive Substances Act, Arms Act and Railways Act for planting bombs in five trains.

Wahid sheikh — 7/11 Train Blast case

Wahid Sheikh was charged for 7/11 train blast case. The charged included 3 (1) (2) (3) (4) (5) of MCOC Act 1999 r/w Sacs 10, 13, 16, 17, 18, 19, 20, and 40 of UAPA 1967 r/w Sacs. 302, 307, 326, 325, 324, 427, 436, 121-A, 122, 123, 124-A, 201, 212, 120-B. Wahid Sheikh was acquitted of all charges after spending more than 10 years in prison. A government school teacher before his arrest, he has fought an uphill battle to get his job back. However, he is yet to receive his salary as well as his arrears for the last 10 years which he spent incarcerated as an undertrial.

Iftikhar Gilani — Official Secrets Act

He was charged for violating the Official Secrets Act. He was accused of possessing classified documents that violated the provisions of the statute. The evidences against him included the possession of a public document released in 1995 by Pakistan's Foreign Ministry that includes information about alleged human rights abuses committed by Indian troops in Kashmir. The charge was found fake and the evidence planted. He spent about 7 months in the jail without any bail.

 

Wrongful   Execution   DEATH  PENALTY

 

Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents suggest that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of death penalty.[1][2]

A number of people are claimed to have been innocent victims of the death penalty.[3][4] Newly available DNA evidence has allowed the exoneration and release of more than 20 death rowinmates since 1992 in the United States,[5] but DNA evidence is available in only a fraction of capital cases. Others have been released on the basis of weak cases against them, sometimes involving prosecutorial misconduct; resulting in acquittal at retrial, charges dropped, or innocence-based pardons. The Death Penalty Information Center (U.S.) has published a list of 10 inmates "executed but possibly innocent".[6] At least 39 executions are claimed to have been carried out in the U.S. in the face of evidence of innocence or serious doubt about guilt.[7]

In the UK, reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerations for people executed between 1950 and 1953 (when the execution rate in England and Wales averaged 17 per year), with compensation being paid.

 

Specific examples[edit]

Australia[edit]

Colin Campbell Ross was hanged in Melbourne in 1922 for the murder of 12-year-old Alma Tirtschke the previous year in what became known as the Gun Alley Murder. The case was re-examined in the 1990s using modern techniques and Ross was eventually pardoned in 2008. Capital punishment in Australia was abolished in all jurisdictions, with the last execution taking place in 1967.

People's Republic of China[edit]

Wei Qing'an (Chinese: 魏清安, 1961–1984, 23 years old) was a Chinese citizen who was executed for the rape of Kun Liu, a woman who had disappeared. The execution was carried out on 3 May 1984 by the Intermediate People's Court. In the next month, Tian Yuxiu (田玉修) was arrested and admitted that he had committed the rape. Three years later, Wei was officially declared innocent.[8]

Teng Xingshan (Chinese: 兴善, ?–1989) was a Chinese citizen who was executed for supposedly having raped, robbed and murdered Shi Xiaorong (石小荣), a woman who had disappeared. An old man found a dismembered body, and incompetent police forensics claimed to have matched the body to the photo of the missing Shi Xiaorong. The execution was carried out on 28 January 1989 by the Huaihua Intermediate People's Court. In 1993, the previously missing woman returned to the village, saying she had been kidnapped and taken to Shandong. The absolute innocence of the wrongfully executed Teng was not admitted until 2005.[9]

Nie Shubin (Chinese: 聂树斌, 1974–1995) was a Chinese citizen who was executed for the rape and murder of Kang Juhua (康菊花), a woman in her thirties. The execution was carried out on April 27, 1995 by the Shijiazhuang Intermediate People's Court. In 2005, ten years after the execution, Wang Shujin (Chinese: 书金) admitted to the police that he had committed the murder.[10][11]

Qoγsiletu or Huugjilt (Mongolian:qoγsiletu, Chinese:呼格吉勒, 1977-1996) was an Inner Mongolian who was executed for the rape and murder of a young girl on June 10, 1996. On December 5, 2006, ten years after the execution, Zhao Zhihong (Chinese: 赵志红) wrote the Petition of my Death Penalty admitting he had committed the crime. Huugjilt was posthumously exonerated and Zhao Zhihong was sentenced to death in 2015.[12]

Ireland[edit]

Harry Gleeson was executed in Ireland in April 1941 for the Murder of Moll McCarthy in County Tipperary in November 1940. The Gardai withheld crucial evidence and fabricated other evidence against Gleeson. In 2015 he was posthumously pardoned.[13][14]

Republic of China (Taiwan)[edit]

Jiang Guoqing (Jiang is the family name, Chinese: 江國慶, 1975–1997) was a Republic of China(Taiwan) Air Force private who was executed by a military tribunal on August 13, 1997 for the rape and murder of a five-year-old girl. On January 28, 2011, over 13 years after the execution, Xu Rongzhou (Chinese: 許榮洲), who had a history of sexual abuse, admitted to the prosecutor that he had been responsible for the crime. In September 2011 Jiang was posthumously acquitted by a military court who found Jiang's original confession had been obtained by torture. Ma Ying-jeou, Republic of China's(Taiwan) president, apologised to Jiang's family.[15]

United Kingdom[edit]

•           In 1660, in a series of events known as the Campden Wonder, an Englishman named William Harrison disappeared after going on a walk, near the village of Charingworth, in Gloucestershire. Some of his clothing was found slashed and bloody on the side of a local road. Investigators interrogated Harrison’s servant, John Perry, who eventually confessed that his mother and his brother had killed Harrison for money. Perry, his mother, and his brother were hanged. Two years later, Harrison reappeared, telling the incredibly unlikely tale that he had been abducted by three horsemen and sold into slavery in the Ottoman Empire. Though his tale was implausible, he indubitably had not been murdered by the Perry family.

•           Timothy Evans was tried and executed in March 1950 for the murder of his wife and infant daughter. An official inquiry conducted 16 years later determined that it was Evans's fellow tenant, serial killer John Reginald Halliday Christie, who was responsible for the murder. Christie also admitted to the murder of Evans's wife, as well as five other women and his own wife. Christie may have murdered other women, judging by evidence found in his possession at the time of his arrest, but it was never pursued by the police. Evans was posthumously pardoned in 1966. The case had prompted the abolition of capital punishment in the UK in 1965.

•           George Kelly was executed in March 1950 for the 1949 murder of the manager of the Cameo Cinema in Liverpool, UK and his assistant during a robbery that went wrong. This case became known as the Cameo Murder. Kelly's conviction was overturned in 2003. Another man, Donald Johnson, had confessed to the crime but the police bungled Johnson's case and had not divulged his confession at Kelly's trial.[16]

•           Mahmood Hussein Mattan was executed in 1952 for the murder of Lily Volpert. In 1998 the Court of Appeal decided that the original case was, in the words of Lord Justice Rose, "demonstrably flawed". The family were awarded £725,000 compensation, to be shared equally among Mattan's wife and three children. The compensation was the first award to a family for a person wrongfully hanged.

•           Derek Bentley was a mentally handicapped young man who was executed in 1953. He was convicted of the murder of a police officer during an attempted robbery, despite the facts that it was his accomplice who fired the gun and that Bentley was already under arrest at the time of the shooting. The accomplice who actually fired the fatal shot could not be executed due to his young age, and served only ten years in prison before he was released.[17]

United States[edit]

See also: List of wrongful convictions in the United States

University of Michigan law professor Samuel Gross led a team of experts in the law and in statistics that estimated the likely number of unjust convictions. The study, published in Proceedings of the National Academy of Sciences determined that at least 4% of people on death row were and are likely innocent. Gross has no doubt that some innocent people have been executed.[18][19]

Statistics likely understate the actual problem of wrongful convictions because once an execution has occurred there is often insufficient motivation and finance to keep a case open, and it becomes unlikely at that point that the miscarriage of justice will ever be exposed. For example, in the case of Joseph Roger O'Dell III, executed in Virginia in 1997 for a rape and murder, a prosecuting attorney argued in court in 1998 that if posthumous DNA results exonerated O'Dell, "it would be shouted from the rooftops that ... Virginia executed an innocent man." The state prevailed, and the evidence was destroyed.[20]

Chipita Rodriguez was hanged in San Patricio County, Texas in 1863 for murdering a horse trader, and 122 years later, the Texas Legislature passed a resolution exonerating her.

Thomas and Meeks Griffin were executed in 1915 for the murder of a man involved in an interracial affair two years previously but were pardoned 94 years after execution. It is thought that they were arrested and charged because they were viewed as wealthy enough to hire competent legal counsel and get an acquittal.[21]

Joe Arridy (April 15, 1915 – January 6, 1939) was a mentally disabled American man executed for rape and murder and posthumously granted a pardon. Arridy was sentenced to death for the murder and rape of a 15-year-old schoolgirl from Pueblo, Colorado. He confessed to murdering the girl and assaulting her sister. Due to the sensational nature of the crime precautions were taken to keep him from being hanged by vigilante justice. His sentence was executed after multiple stays on January 6, 1939, in the Colorado gas chamber in the state penitentiary in Canon City, Colorado. Arridy was the first Colorado prisoner posthumously pardoned in January 2011 by Colorado Governor Bill Ritter, a former district attorney, after research had shown that Arridy was very likely not in Pueblo when the crime happened and had been coerced into confessing. Among other things, Arridy had an IQ of 46, which was equal to the mental age of a 6-year-old. He did not even understand that he was going to be executed, and played with a toy train that the warden, Roy Best, had given to him as a present. A man named Frank Aguilar had been executed in 1937 in the Colorado gas chamber for the same crime for which Arridy ended up also being executed. Arridy's posthumous pardon in 2011 was the first such pardon in Colorado history. A press release from the governor's office stated, "[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else." The governor also pointed to Arridy's intellectual disabilities. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution."

George Stinney, a 14-year old black boy, was electrocuted in South Carolina in 1944 for the murder of two white girls, aged 7 and 11. He was the youngest person executed in the United States. More than 70 years later, a judge threw out the conviction, calling it a "great injustice."[22]

Carlos DeLuna was executed in Texas in December 1989. Subsequent investigations cast strong doubt upon DeLuna's guilt for the murder of which he had been convicted.[23][24]

Jesse Tafero was convicted of murder and executed via electric chair in May 1990 in the state of Florida for the murders of two Florida Highway Patrol officers. The conviction of a co-defendant was overturned in 1992 after a recreation of the crime scene indicated a third person had committed the murders.[25]

Johnny Garrett of Texas was executed in February 1992 for allegedly raping and murdering a nun. In March 2004 cold-case DNA testing identified Leoncio Rueda as the rapist and murderer of another elderly victim killed four months earlier.[26] Immediately following the nun's murder, prosecutors and police were certain the two cases were committed by the same assailant.[27] The flawed case is explored in a 2008 documentary entitled The Last Word.

Cameron Todd Willingham was executed in February 2004 for murdering his three young children by arson at the family home in Corsicana, Texas. Nationally known fire investigator Gerald Hurst reviewed the case documents, including the trial transcriptions and an hour-long videotape of the aftermath of the fire scene, and said in December 2004 that "There's nothing to suggest to any reasonable arson investigator that this was an arson fire. It was just a fire."[28] In 2010, the Innocence Project filed a lawsuit against the State of Texas, seeking a judgment of "official oppression".[29]

In 2015, the Justice Department and the FBI formally acknowledged that nearly every examiner in an FBI forensic squad overstated forensic hair matches for two decades before the year 2000.[30][31] Of the 28 forensic examiners testifying to hair matches in a total of 268 trials reviewed, 26 overstated the evidence of forensic hair matches and 95% of the overstatements favored the prosecution. Defendants were sentenced to death in 32 of those 268 cases.

Exonerations and pardons[edit]

Main article: List of exonerated death row inmates

Kirk Bloodsworth was the first American to be freed from death row as a result of exoneration by DNA fingerprinting. Ray Krone is the 100th American to have been sentenced to death and then later exonerated.

In the UK, reviews prompted by the Criminal Cases Review Commission have resulted in one pardon and three exonerations for people that were executed between 1950 and 1953 (when the execution rate in England and Wales averaged 17 per year), with compensation being paid. Timothy Evans was granted a posthumous free pardon in 1966. Mahmood Hussein Mattan was convicted in 1952 and was the last person to be hanged in Cardiff, Wales, but had his conviction quashed in 1998. George Kelly was hanged at Liverpool in 1950, but had his conviction quashed by the Court of Appeal in June 2003.[32] Derek Bentley had his conviction quashed in 1998 with the appeal trial judge, Lord Bingham, noting that the original trial judge, Lord Goddard, had denied the defendant "the fair trial which is the birthright of every British citizen."

Colin Campbell Ross (1892–1922) was an Australian wine-bar owner executed for the murder of a child which became known as The Gun Alley Murder, despite there being evidence that he was innocent. Following his execution, efforts were made to clear his name, and in the 1990s old evidence was re-examined with modern forensic techniques which supported the view that Ross was innocent. In 2006 an appeal for mercy was made to Victoria's Chief Justice and on 27 May 2008 the Victorian government pardoned Ross in what is believed to be an Australian legal first.[33]

U.S. mental health controversy[edit]

There has been much debate about the justification of imposing capital punishment on individuals who have been diagnosed with mental retardation. Some have argued that the execution of people with mental retardation constitutes cruel and unusual punishment as it pertains to the Eighth Amendment to the United States Constitution.[34] While the U.S. Supreme Court interpreted cruel and unusual punishment to include those that fail to take into account the defendant's degree of criminal culpability,[clarification needed] it did not determine that executing the mentally retarded constitutes cruel and unusual punishment until 2002.

This issue was first addressed in the case of Penry v. Lynaugh, in which Johnny Paul Penry had filed a habeas corpus petition in federal district court that claimed his death sentence should be vacated because it violated his Eighth Amendment rights. His reasoning was that he suffered from mental retardation, and numerous psychologists had confirmed this to be factual, indicating that his IQ ranged from 50 to 63 and that he possessed the mental abilities of a six-and-a-half-year-old.[34] Penry's petition was denied by the district court, whose decision was subsequently affirmed by the Fifth Circuit Court of Appeals. Penry would later appeal to the Supreme Court, who ultimately ruled in a five-to-four decision that the Eighth Amendment to the United States Constitution did not categorically prohibit the execution of persons with mental retardation. Following the 1989 Penry ruling, sixteen states as well as the federal government passed legislation that banned the execution of offenders with mental retardation.[34]

Penry was overruled in 2002 by Atkins v. Virginia, which held that the Eighth Amendment's ban on cruel and unusual punishment precluded the execution of the mentally handicapped, but the Supreme Court left the definition of mentally handicapped as something to be determined by the states.[35]

In 2014, the Supreme Court ruled in Hall v. Florida that states cannot rely solely on an IQ test in determining whether a borderline mentally handicapped person can be executed.[36]

 

Editorial : Safety of Jail Inmates Responsibility of Judges

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

 

 

Review: In Jails, Illegality Is the Norm

BY MAHTAB ALAM

 

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

 

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

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

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

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

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

Narrating her meeting with Roy, Choudhury writes:

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

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

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

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

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

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

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

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

 

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

BY THE WIRE STAFF

 

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

 

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

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

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

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

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

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

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

 

 

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

 

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

 

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

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

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

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

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

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

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

 

Criminal justice system victimises poor and vulnerable: CJI

 

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

 

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

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

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

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

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

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

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

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

 

 

In ‘safe’ custody

 

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

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

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

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

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

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

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

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

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

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

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

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

Don’t we have guidelines to prevent custodial torture?

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

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

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

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

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

 

Muslims, dalits and tribals make up 53% of all prisoners in India

 

     Muslims, dalits and adivasis — three of the most vulnerable sections of Indian society — make up more than half of India's prison population, according to an official report on prisons released this month. Although the proportion of these three communities in India adds up to about 39%, their share amongst prisoners is considerably higher at 53%.

    

India had 4.2 lakh people in prison in 2013. Nearly 20% of them were Muslims although the share of Muslims in India's population is about 13% according to Census 2001. Religion-wise data from Census 2011 is yet to be released but it is unlikely to be much different. Dalits make up 22% of prisoners, almost one in four. Their proportion in population is about 17% according to Census 2011. While adivasis make up 11% of prisoners, their share in the general population is 9%.

 

Most experts say that this disturbing trend is not because these communities commit more crimes. Rather, it arises because they are economically and socially under-privileged, unable to fight costly cases or often even pay for bail. Some say that these communities are targeted with false cases.

       Former chief justice of Delhi high court Rajinder Sachar, who headed the committee that brought out a report on the condition of Muslim community in India in 2006, pointed out that there had been several cases of Muslim youths being acquitted after years in prison.

 

"Poverty is more prevalent among these three communities and that becomes an obstacle in dealing with the legal system," said Colin Gonsalves, human rights activist and lawyer.

 

"Our system has an ingrained communal and casteist bias. Also, the proportion of these communities in the police officers and even judiciary is less. These are key factors behind this shocking imbalance," he added.

 

Pointing out that nearly 68% of the prisoners are undertrials, Abusaleh Sharif, who was member-secretary of the Sachar Committee and later brought out an updated report on the conditions of Muslims, said that they had to remain behind bars  because of inability to negotiate the hostile system.

    

"Among those in prison under preventive detention laws, nearly half are Muslims. This is the kind of thing that the government needs to speedily investigate and resolve," Sharif said.

 

Ramesh Nathan of the National Dalit Movement for Justice alleged that false cases are filed against dalits in order to intimidate them, causing this disturbingly high number of prisoners among vulnerable sections.

 

 

"In my experience as a lawyer, whenever a dalit person files a case under the Atrocities Act, a false countercase under some penal code provision is filed by the culprits," he said.

 

 

Prison statistics are published annually by the National Crime Records Bureau since 1995, although caste breakup is available since 1999. The proportions of Muslims, dalits and adivasis have remained virtually unchanged over the past 15 years indicating that this is a systemic problem.

 

NCRB data: Almost 68 percent inmates undertrials, 70 per cent of convicts illiterate

 

Almost 68 per cent of all inmates in the 1,387 jails in the country are undertrials, according to the latest figures released by the National Crime Records Bureau (NCRB) for 2014. Over 40 per cent of all undertrials remain in jail for more than six months before being released on bail.

The percentage of undertrial prisoners who remain in jail for more than three months has also gone up from 62 per cent in 2013 to 65 per cent in 2014. The data looks worse when compared to previous years which showed a declining trend. In 2012, the figure stood at 62.3 per cent.

 

According to the NCRB data, Goa, Jammu and Kashmir, Gujarat and Punjab are the worst performing states, with over 75 per cent of undertrials remaining in jail for over three months. On the other hand, Kerala and Tripura recorded the lowest such cases — 35 per cent and 32 per cent respectively.

A large number of undertrials remain in jails due to their inability to secure bail. The highest percentage (27.3 per cent or 63,225 of the total 2,31,962) of undertrials under IPC crimes were charged with murder. Uttar Pradesh reported 17.9 per cent of such undertrials, followed by Bihar at 8.8 per cent. A total of 6,274 convicts were habitual offenders.

The NCRB data shows that there were 4,18,536 inmates in various jails against a capacity of 3,56,561. Chhattisgarh (259 per cent) and Delhi (222 per cent) were among those which reported high overcrowding. Muslims continue to form a large share of the undertrial population, with their numbers being disproportionate to their overall population.

According to the 2011 census, Muslims constitute 14.2 per cent of India’s population. But the community accounts for 21.1 per cent of all undertrials. Among the convicted inmates, however, the Muslim share is just over 16 per cent.

 

An analysis of the caste-based classification of undertrials reveals that 37.4 per cent are from general category, 31.3 per cent OBCs, 20 per cent Scheduled Castes and 11 per cent Scheduled Tribes.

A total of 318 convicts, including eight women, lodged in different jails were facing capital punishment at the end of 2014. Of these, 95 were awarded death sentences in 2014 alone. As many as 112 inmates had their death sentences commuted to life imprisonment last year.

The data also show that 1,702 imates died in jails due to various reasons, of which 1,507 were recorded as natural deaths.

 

Health  Care  for  Prisoners

 

People believe that prisoners are sent to prison as punishment, and not for punishment. This implies that the loss of an individuals right to liberty is enforced by containment in a closed environment. Thus keeping the individual in the custody of the state, should not, however, have a deleterious effect on him. But this is, unfortunately, the case to some degree or another in many of the worlds prisons. Is it possible then to define what is healthy environment in a prison? Let alone, talking about a prisoners right to health services that are to be provided to him by the prison authorities?

 

The answer to this question is that prisoners have unalienable rights conferred upon them by international treaties and covenants, they have a right to health care, and most certainly have a right not to contract diseases in prison. Prison jurisprudence recognizes that prisoners should not lose all their rights because of imprisonment. Yet, there is a loss of rights within custodial institutions, which continue to occur. Public health policies are meant to ensure the best possible living conditions for all members of society, so that everyone can be healthy. Prisoners are often forgotten in this equation. They are in constant contact with all kinds of people who come in and out of prison every day. This constant movement in and out of prison makes it all the more important to control any contagious disease within the prison so that it does not spread into the outside community.

 

In India, overcrowding has aggravated the problem of hygiene. In many jails, conditions are appalling. At the tehsil level jails, even rudimentary conveniences are not provided. Prisoners in India are not even tested for specific infectious diseases, although all prisoners undergo a medical examination when they begin serving their sentence. No studies of the prevalence of viral infections among prison inmates have been done at a national level. India's prison manuals provide for

segregation of prisoners suspected of having contagious diseases. A few jails have established informal contacts with medical and social organizations for counseling of inmates to prevent the spread of infections.

 

Violence in prison settings has many causes. Clashes may have ethnic causes, or rivalries between clans or gangs. The closed, often vastly overcrowded, living conditions also lead to hostilities between inmates. The tedious prison environment, lack of occupation of mind and body and just plain boredom, lead to accumulated frustration and tension. This environment leads the way to high-risk activities, such as use of drugs and sex between men. Some indulge in these activities to combat boredom. Others, however, are forced to engage in them, in a coercive play for power or monetary gain. Risky lifestyles can lead to the transmission of diseases from one prisoner to other prisoners, and pose a serious public health risk if unchecked. Contracting any disease in prison is not part of a prisoners sentence. This fact becomes even more significant when the disease is potentially fatal, as is the case with HIV/AIDS.

 

The Supreme Court of India in its landmark judgment in Parmanand Katara vs Union of India (1989)and others ruled that the state has an obligation to preserve life whether he is an innocent person or a criminal liable to punishment under the law. With specific reference to health, the right to conditions, adequate for the health and well-being of all was already recognized in the Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights ( ICESR) furthermore states that prisoners have a right to the highest attainable standard of physical and mental health.

 

The minimum standard rules for prisoners regulate the provision of health care for them. Apart from the civil and political rights, the so-called second generation economic and social human rights, as set down in the ICESCR, also apply to prisoners. The right to the highest attainable standard of health should also apply to prison health conditions and health care. This right to health care and a healthy environment is clearly linked, particularly in the case of HIV, to other first generation rights, such as non-discrimination, privacy and confidentiality. Prisoners cannot fend for themselves in their situation of detention, and it is the responsibility of the state to provide for health services and a healthy environment.

 

Human rights instruments call for prisoners to receive health care at least equivalent to that available for the outside population. On one hand, equivalence rather than equity has been called for because a prison is a closed institution with a custodial role that does not always allow for the same provision of care available outside. Prisoners are more likely to already be in a bad state of health when they enter prison, and the unfavorable conditions therein worsen the health situation. Hence the need for health care and treatments will often be greater in a prison than in an outside community. However, providing even basic health care to prisoners has proved extremely difficult in India, as the health system is chronically insufficient.

 

In prisons, the human environment is often one of violence and high-risk lifestyles, either engaged in voluntarily by those prisoners with positions of power, or forced upon the weaker prisoners. Prisoners have a right to live in conditions where their individual safety is guaranteed. It is paramount for the prison administration to have a thorough knowledge of how HIV is likely to be transmitted in a given prison. If sexual coercion and/or violence are the main issue, better surveillance and timely intervention to protect targeted prisoners must be enforced. HIV-positive inmates should not be denied access to recreation, education or access to the outside world.

 

From a strictly medical point of view, there is no justification for segregation as long as the prisoner is healthy. Solitary confinement of HIV-positive inmates should be forbidden. Any restrictions should be exceptional, such as mandatory testing for particularly risky situations, such as prisoners working as medical orderlies in hospitals or dental clinics. There may also be considerations of personal security where, for example, prisoners known to be HIV-positive request to be kept in a secure unit as they fear for their own safety.

 

Both prison reform and penal reform are crucial elements if the many problems affecting the Indian prisons are to be resolved. Diminishing the overall prison population will allow improvements of the physical and working conditions of the prisons, and help to ensure the security of all individuals in custody. Obviously, financial resources will have to be allotted to the prison systems as well. One effective way to curb the rise in prison populations would be to offer alternatives to imprisonment for non-violent and civil offenders.

 

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Posted by naghrw at 1:48 PM
Saturday, 24 June 2017
Karnan Jailed , 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.26........01 / 07 / 2017

 

Editorial : Karnan  Jailed ? Why NOT  Khehar ?

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

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

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

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

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

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

 

Your’s

Nagaraja M R

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

 

JAIL  CJI  Khehar 

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

 

Judges & Sex  Crime

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

CJI  Khehar  Answer

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

 

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

– BY GAURAV VIVEK BHATNAGAR

 

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

 

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

 

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

 

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

 

Is RTI facing resistance from the judiciary?

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

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

 

Information denied on appointment of judges

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

 

CIC order on assets of judges challenged before apex court

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

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

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

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

 

Three cases clubbed together

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

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

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

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

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

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

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

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

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

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

 

Supreme Court’s changing position 

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

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

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

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

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

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

 

‘Judiciary too resists accountability’

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

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

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

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

 

‘Public pressure can change the tune’

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

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

 

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

 

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

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

And then something interesting happened.

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

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

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

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

Below are the edited excerpts of the conversation:

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

 

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

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

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

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

 

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

 

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

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

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

 

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

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

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

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

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

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

 

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

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

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

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

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

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

 

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

 

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

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

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

 

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

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

 

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

 

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

 

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

 

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

 

PS: And do you see that happening?

 

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

  

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

 

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

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

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

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

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

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

 

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

 

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

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

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

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

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

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

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

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

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

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

The Sahara smoking gun

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

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

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

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

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

Enter Chowdary the CVC

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

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

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

 

Knocking on the Supreme Court’s door

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

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

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

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

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

Kalikho Pul’s suicide note, the missing link

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

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

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

The questions that remain

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

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

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

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

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

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

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

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

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

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

 

  Supreme Court  averse to Transparency

By M.J.Nedumpara

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

Consider the following:

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

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

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

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

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

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

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

RTI Act vs Supreme Court Rules

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

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

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

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

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

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

·         It has no mechanisms for appeal.

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

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

The Role of the CIC

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

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

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

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

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

Seeking information

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

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

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

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

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

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

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

 

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

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


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

 


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

 

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

 


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

 

Editorial :  Jail  CJI   Khehar

-          Few  Judges  deserve  Contempt   NOT  Respect

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

 

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

CJI  Khehar Murders Justice & Truth

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

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

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

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

 

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

 

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

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

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

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

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

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

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

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

‘Committed no offence’

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

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

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

“The President of India appointed me as a judge and the President alone could have removed me and that too upon an impeachment motion which has received the 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.”

 

Former SC judge approached me on behalf of CJI: Dave

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

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

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

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

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

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

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


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

 


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

 

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

 


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

 

 Legal  Notice  to  Honourable Chief Justice of India

 

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

 

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are  Judges , Police  PERFECT ? Satya Harishchandra ?

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

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

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

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

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

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

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

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

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

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679


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

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


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

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

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

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

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

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

14. You are responsible for denying me legal aid.

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

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

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

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

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




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



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


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

Thanking you. Jai Hind , Vande Mataram.

 

Send  reply to :

Nagaraja Mysuru Raghupathi

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

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.



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

 

 

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Posted by naghrw at 8:47 AM
Tuesday, 20 June 2017
CBI - RTI Srinath Murder
Topic: human rights , media

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

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.25........24 / 06 / 2017


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



 





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

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

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

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

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

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

RIP Srinath 




Your's , 

Nagaraja Mysuru Raghupathi. 



PIL – Land Mafia , Judges & RTI Activist Murder 

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





IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017


IN THE MATTER OF 


NAGARAJA . M.R 

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

Versus 

Honourable Chief Secretary , Government of Karnataka & Others 

....Respondents 



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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

a. Law is one & same for all. 

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

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

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

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

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

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

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

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

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

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




2. Question(s) of Law:

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

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

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

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


4. Averment: 

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

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

Karnataka High Court Judges favoring Land Mafia 

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


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


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

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


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

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

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

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

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

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


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

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

Kindly read full details at following web page : 

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


Karnataka High Court Judges favoring Land Mafia 

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




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

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



RTI ACTIVIST’S MURDER : POLICE DETAIN 6 FOR QUESTIONING 


 





RTI activist Srinath 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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



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



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

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

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

 




 




 




 




 




Are Karnataka HC Judges favoring Land Mafia ? 



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

1. Law is one & same for all. 

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

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

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

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

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

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

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

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

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

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



Why MUDA , BDA officials and Public Servants NOT Answering ? 



To, 

Shri. Dr.Sindhe Bhimsen Rao . H , 

RTI APPELLATE AUTHORITY & CPIO , 

Additional Secretary to Chief Minister , 

Room No 236 , 2nd Floor , 

Vidhana Soudha , Bangalore – 560001. 



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



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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR, 

HEBBAL, MYSORE , KARNATAKA PIN – 570017. 



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

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

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

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

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

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



Main A : 

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

2. If not , why ? 

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

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

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

6. Is this scheme applicable for only chosen few ? 

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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



PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION : 

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



FEES PAID : IPO 16G 733464 for Rupees TWENTY only 



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



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





PIL – Land Mafia and Judges

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015


IN THE MATTER OF 


NAGARAJA . M.R 

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

Versus 

Honourable Chief Secretary , Government of Karnataka & Others 

....Respondents 



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


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

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

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

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

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

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

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

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

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

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

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

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




2. Question(s) of Law:

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


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


4. Averment: 

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

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


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


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

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


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

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

Kindly read full details at following web page : 

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





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

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


HC Judges Favoring Mafia 

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



Why NOT Demolish Illegal Bungalows of Ministers 

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



Judges Murder RTI 

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



BEML Housing Society - RTI Murders 

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


DECLARATION

 


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


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


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


Periodicity : WEEKLY


Circulation : FOR FREE DISTRIBUTION ON WEB


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


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


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


Nationality : INDIAN


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


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


Home page : 

http://evoiceforjustice.dalitonline.in/  ,

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

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

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


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

UID Aadhaar No : 5703 5339 3479 
Cell : 91 8970318202

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

 

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

 

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

Traitors  in   Indian  Judiciary & Police

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

Crimes  by  Khaki

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

Police show full bravery , courage , use  full might of law while acting against innocents , commoners. Even  takes suo motto action. Frequently crosses legal limits  while acting against commoners like 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 :  17.06.2017…………………………..Your’s sincerely,

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



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

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

 

Cell : 91 8970318202

 

Home page :  

http://evoiceforjustice.dalitonline.in/  ,

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

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

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

 

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


Posted by naghrw at 3:38 AM
Friday, 9 June 2017
CJI Khehar Hiding Crimes
Topic: human rights , media

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

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.24........17 / 06 / 2017

 

JAIL  CJI  Khehar 

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

CJI  Khehar  Answer

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

 

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

– BY GAURAV VIVEK BHATNAGAR

 

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

 

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

 

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

 

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

 

Is RTI facing resistance from the judiciary?

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

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

 

Information denied on appointment of judges

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

 

CIC order on assets of judges challenged before apex court

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

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

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

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

 

Three cases clubbed together

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

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

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

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

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

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

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

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

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

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

 

Supreme Court’s changing position 

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

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

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

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

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

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

 

‘Judiciary too resists accountability’

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

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

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

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

 

‘Public pressure can change the tune’

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

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

 

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

 

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

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

And then something interesting happened.

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

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

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

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

Below are the edited excerpts of the conversation:

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

 

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

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

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

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

 

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

 

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

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

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

 

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

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

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

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

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

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

 

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

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

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

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

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

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

 

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

 

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

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

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

 

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

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

 

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

 

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

 

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

 

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

 

PS: And do you see that happening?

 

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

  

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

 

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

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

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

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

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

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

 

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

 

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

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

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

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

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

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

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

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

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

It is not surprising that the UPA government of Manmohan Singh – which was in power when the Birla raid and recoveries took place – did not have this matter pursued, because most of the payments mentioned in the diaries were for officials of the UPA government. H