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SOS e Voice For Justice & SOS e Clarion of Dalit
Sunday, 24 September 2017
Judges Police Learn HONESTY
Topic: human rights , media

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.38........23  / 09 / 2017

 

 

Editorial :  Judges , Police – Learn Honesty

     Life of illegally terminated judge  Mr.Gwal  is a lesson of honesty for all judges & police. Inspite of being  HONEST  in his duties , Mr.Gwal  is suffering at the hands of powers that be & judicial mafia. Mr.Gwal could have choosen the easy , luxurious path of  favoring powers and could have enjoyed luxurious life with his family. He  rightly chose the path to uphold constitution ended  up even without money to pay his children’s school fees. Even  apex  court didn’t come to his rescue. SHAME  SHAME .  Except  for few  honest judges & police , many of them are leading lifestyles beyond the sources  of their legal income.  Few of  them  are successful in  manipulating legal process to continue in service , get promotions despite  grave criminal allegations against them. Some  judges  have  even entered supreme court , what a shame ? They  must learn righteousness  honesty  from  Mr.Gwal.

     There are fake lawyers ,  advocates  with uncle judge connections  who are  leading  life styles   beyond the legal sources of their income.  These advocates  are cheating the public & court  as well making contempt of them. Why not criminal prosecutions against those guilty  lawyers , advocates ?

    Above all these type of  corrupt  people in gowns of judges , advocates &  corrupt  police preach others  about honesty , integrity and prosecute  other criminals  while they themselves are criminals. It is like a PROSTITUTE  preaching about virginity , chastity to a young girl.

     Our whole hearted respects to  few honest judges , police & advocates  in public service. It is an appeal to them to prosecute their corrupt colleagues.  We once again offer our conditional services to SCI  , to apprehend legally  prosecutes criminal judges , criminal police & criminals in public service.  Is CJI  ready ?

    Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 

An Appeal For Support To The Terminated Dalit Judge Prabhakar Gwal

 

Dear friends

This comes as an urgent appeal to you seeking support and solidarity for Mr. Prabhakar Gwal. Gwal has been a well known people’s judge from Chhattisgarh. Gwal a Chief Judicial Magistrate who was known for his integrity was dismissed in April 2016. He was last posted as Chief Judicial Magistrate in Sukma where from he was dismissed from his services by state government.

Who is Prabhakar Gwal?

Prabhakar Gwal has been born in a Ganda community in a small village namely Nanakpali, near Saraipali of Mahasamund district. A community and region which has a history of bonded labour He has come up through all the pains his parents faced and bore the burden of the social system of caste in every day life from his childhood. After completing his early studies, he joined for law and become a lawyer. He practiced for 10 years after which he joined the judicial service in 2006. Life as an untouchable has given him the orientation on socio-cultural and political patterns of Indian society, which reflected in his tenure as a judge.

Gwal had reputation of an upright judge who had become an eyesore for the powerful politicians and bureaucrats, as he took cognisance of corruption related complaints and took strong action. He has questioned the manner in which the police have been indiscriminately arresting tribals in the conflict zones of Chhattisgarh.

What was his crime for the termination?

Gwal came into limelight after his remarkable judgement in which he sentenced five persons to six years imprisonment each in a case relating to leakage of question papers of PMT, being conducted by Chhattisgarh Professional Examination Board or Vyapam, in 2011. He passed the order as Additional Chief Judicial Magistrate Bilaspur.

In August 2015 he passed orders for to file an FIR and subsequent investigation into the role of the then SP and current IG of Raipur, Deepanshu Kabra and another police officer for their role in attempting to suppress evidence in the case. After this, an attempt was made to intimidate him by a local BJP MLA who had been a subordinate of the SP.

He has had a history of exposing corrupt officials and politicians. While Gwal was posted in Bilaspur, he had ordered an inquiry against government officials and Police officers, for the infamous ‘Bhadaura Land-Scam’. The land scam is known for involvement of a senior minister of BJP (Amar Agrawal). Similarly, he had ordered for inquiry of Bilaspur RTO officials. He was then transferred to Raipur, where he rejected to accept Closure Report in the case of IPS Rahul Sharma’s suicide.

Gwal had filed a complaint of intimidation against the BJP MLA and DeepanshuKabra in his personal capacity at the local police station. After this all hell broke loose and instead of action against the BJP MLA and Kabra, the High Court issued a show cause notice to Gwalwhich claimed that he has violated rules under C.G. Civil Service Conduct Rule, 1965, under which they claimed that he was required to seek permission of the High Court before filing such an FIR against the BJP MLA and the police officer. An adverse order was passed against him without any inquiry and his one-year annual increment was cancelled as penalty.

As a punishment, Gwal was transferred to Sukma district as CJM, in Bastar division. In September 2015, he took charges where he was subjected to unfair treatment by police and administration right from the beginning. The police and local administration did not provide him the usual security allocated for judges in conflict areas. In his tenure as a judge in Sukma, he realised early on how the police were carrying out large scale arrests and surrenders of what seemed to be innocent Adivasis. Not only did he conduct fair and speedy trials, he also brought to the notice of the higher judiciary the conduct of the police in Bastar region.

In keeping with his fearless attitude and his adherence to the facts and the law, Gwal also passed orders indicting a school in Sukma district for taking inordinately high fees. After he took cognizance in this case he received a call (of which he has an audio recording) from the District Collector who said that he should consult him before passing such judgments. After receiving this call, Gwal wrote to the District Judge and Chief Justice of Chhattisgarh, notifying them about the phone call from Collector where he explained that there was an attempt to interfere in judicial process and to influence the court. No action was taken upon his complaint. Instead he received multiple show cause notices as a response to his complaints against some of the sitting judges in the lower judiciary.

This was because this upright and dutiful judicial officer would insist on asking the name, age, village, father’s name and all relevant details of those arrested; mostly poor and innocent Adivasis who were produced before him. Rather than accepting the regular practice till then of permanent warrants produced by the police which contained no other details other than the name of the arrestee, Gwal chose to stick to procedure. He would also make it difficult for the police by cross examining about the alleged seizures including weapons and their activities. When it became obvious that the police could not establish any crime against those arrested, he would conclude that those arrested are ordinary villagers. Gwal went to the extent of communicating directly to those arrested through a Gondi interpreter, the language the arrestee understood.

This judge was so fearless that he would term the arrests of thousands of people being produced before him as Maoists as fake arrests; he wrote to the District Judge and even Director General of Police Kalluri that the police is implicating innocent people. He went to the extent of issuing warnings to Thanedars that he would send them to jail if they framed innocent people.

In short, the BJP-led government in Chattisgarh prepared an all-out war pro-people officials and Prabhakar Gwal turned out to be a victim of the nefarious design. The people of Bastar viewed a ray of hope in Judge Prabhakar Gwal, in otherwise bleak scenario of displacement and large scale repression. In a conflict zone like the Bastar, where due systems and guarantees, and law and order have been completely torn off, it needs a great amount of courage to challenge the vested interests and powerful sections to remain independent in a polarised atmosphere. The casual removal of a district judge, in contravention of procedure appears to reveal the interference of the government and the police in the judiciary to the worst.

The Termination Process

On the April 4, 2016 Judge Prabhakar Gwal received an automated message on his phone. He was in fact removed by an order of the High Court on April 1, 2016. The message said he had been dismissed from his post as Chief Judicial Magistrate, Sukma, Chhattisgarh in ‘public interest.’ The official letter, that he later received, stated that the State Government on the recommendation of the full bench of the High Court of Chhattisgarh had dismissed him under Article 311 (2) of the Indian Constitution. The order stated no reasons or charges for his dismissal apart from that his removal was in public interest. Prior to his dismissal, Gwal had faced a series of irregular transfers; show cause notices, though what lead to this dismissal is still unclear.

The Present Crisis

Prabhakar Gwal’s plight did not end up with his termination. His woes continued to haunt him on a consistent basis. Life is too difficult for him and he is a person of integrity and self respect that he would not express it to anyone in the world. Many of his dues have either not been provided or got entangled in procedural circus. Financial crisis is haunting him day in and day out as the day-to-day expense is turning out to be a serious affair. His two children studying in schools are at the verge of being thrown off the school. He appeal in the High Court has been dismissed. This is the context under which this appeal comes.

I appeal to you to express your support and solidarity in terms of –

1.         a) Legal support to pursue his case in higher forums and courts

2.         b) Financial support for children’s education and his personal support

Kindly contact him directly on the number and have further discussion about his case +919479270390; +919826116714 prabhakar.gwalcg@gmail.com

I am also hereby providing the bank details of Mr. Prabhakar Gwal in case you want to come up with some sort of financial support. No more

PRABHAKAR GWAL

State Bank of India

30034101019

SBIN0002894

For further details please follow the links listed below

http://www.thehindu.com/todays-paper/tp-national/targeted-for-being-fair-says-sukma-judge/article8500992.ece

http://www.theindianherald.com/2016/04/judge-prabhakar-gwal-who-was-known-for.html

http://indianexpress.com/article/india/india-news-india/chhattisgarh-government-dismisses-cjm-who-accused-bjp-mla-of-threatening-him/

http://timesofindia.indiatimes.com/city/raipur/Chhattisgarh-govt-dismisses-civil-judge/articleshow/51687486.cms

http://sanhati.com/articles/16902/

http://www.kractivist.org/chhattisgarh-cjm-sukma-district-prabhakar-gwal-dismissed-by-the-govt/

http://hindi.catchnews.com/state-news-in-hindi/raipur-high-court-serves-notice-to-terminated-judge-prabhakar-gwal-59443.html

LET US TOGETHER UPHOLD THIS BOLD AND BRILLIANT DALIT JURIST

Dr Goldy M. George

Coordinator

Chhattisgarh Nagrik Sanyukt Sangarsh Samiti

+919893277910

NP: Kindly speak to him in Hindi

 

DALIT Judge  dismissed for   being  HONEST ?

-       An  Appeal  to Honourable Chief Justice of India

 

       Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

       Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

       Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

Atrocities  on   Dalits by Judges  - SHAME SHAME

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

 

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

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

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

  When  a  poor  dalit person  or  person  belonging to  weaker section , SC / ST  builds  a temporary hutment  on government land  , officials  , police take suo motto  action , evicts that person & razes down that hutment immediately.  Where as when a rich person belonging to upper caste , having influence of powers that be   builds  huge buildings usurping government land , lake bed , etc no suo motto action by police . Officials , police don’t  take action  inspite of repeated appeals by concerned public.  The courts of justice instead of upholding public cause , gives stay orders  protecting rich land grabbers but in the same fashion  judges don’t come to the rescue of poor  dalit  hut dwellers.  Even  when  land grabbings were brought to the notice  of apex court at the very early stage  itself,  apex court  instead of preventing  the land grabbing  silently allowed  the grabbers to continue  with their land crimes.  The enactments of laws by various state governments  including   government of Karnataka  regularizing illegal land constructions  is solely to benefit  greedy , rich land grabbers belonging  to upper castes. Inspite of repeated appeals the apex court has not annulled those  illegal laws of various state governments.

 

Just  consider the prison population in  india ,  80% of prisoners are under trials and  majority of them are dalits, tribals  , belongs to weaker sections , SC / ST. Most of  them cann’t afford lawyers , most of them are implicated by their  upper caste masters , land lords .  Even within the prison  , their rights are not respected by authorities , are treated worse than animals.  Where as   deadly criminals   convicted of gravest crimes ( but  rich , belongs to upper castes)  enjoys many luxuries within the prison.  It proves the vulnerability of the  dalits , weakers sections in india.

  So many dalits , weaker section people   were  cheated  of  their job oppurtunities in mysuru university , KSOU , Various Government  Medical  colleges , Government aided  ITIs , Polytechnics in Karnataka state  by scheming  upper caste officials.  Inspite of repeated appeals , why apex court has not taken legal prosecution to logical end and ensured justice to  aggrieved dalits ?  What action supreme court has taken against  KPSC , VYAPAM members who denied  job oppurtunities to merited candidates , dalit & weaker section candidates ?  ? let alone take  suo motto action . No action to logical end. 

Day in day out  there are rampant atrocities against dalits , weaker sections of people  by public servants , judges are not doing their duties properly. Supreme court judges are enjoying lakhs of rupees pay , perks , 5 star bungalows  , foreign trips , weeks long summer / winter  paid  vacations  , proposed triple  fold salary hike  all at tax payer’s expense.  These judges must be first booked for “Atrocities against Dalits , Weaker sections”  under SC / ST Atrocities Prevention Act.

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

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

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

3.                   Immediately give justice to past Sukma Dalit Judge who was unjustly removed.

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

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

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

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

8. Immediately  annul laws  enacted  by various state governments in  india  regularizing illegal constructions by  land grabbers .

9. Make public the  names  of  all land grabbers , majority of them belongs to upper castes and  are rich , greedy.

10.  Protect  the rights of prisoners in india  irrespective of their caste affiliations.

11. Ensure speedy justice ,  legal aid  to  under trials  belonging to weaker sections , SC & ST.

12.  Fix lower amount  for bail surety or create a corpus to  give bail  amount  to under trials belonging to SC , ST , Weaker sections , Dalits.  Many  dalits who are poor  are unable to pay bail amount  and suffer in jail for years much more than  the legally stipulated punishment even if convicted.

13. Enforce uniform rules , uniform food , uniform health care , uniform   prison cell  to all prisoners  irrespective of  their caste , whether he is  an ex chief minister ,  ex managing director of a big company , ex religious guru  or  an ordinary person , a dalit , a tribal.    Ensure equality  , equal treatment in prisons , jails.

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

15.    Immediately admit PILs  presented before supreme court of india by our publication . Read full details at following web pages ;

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

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

- Mahatma Gandhi

 

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

 

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi

 

45% Of Lawyers In India Are Fake: Chairman Of Bar Council

 

The Chairman of the Bar Council of India (BCI) told Supreme Court (SC) judges that, according to statistics from the BCI’s ongoing verification process, 45% of lawyers in India are fake.

The SC judges voiced concern over the prevalence of fake lawyers in the country. The Chief Justice said “I am so happy that BCI has started the verification process. But it is not only about people with false degrees, but also those with no degrees. These people work without a licence. They go to court and practice without any authority. We need to start much before, right from the institutions.”

In August 2015, Mishra had reported that as many as 30% of lawyers could be fake, adding that acquiring certain numbers would take some more months. The verification drive was mildly controversial and prolonged, even causing the postponement of BCI elections. The Supreme Court had given the BCI till January 2017 to complete its verification drive.

 

Public Prosecutor   Appointment Scam

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

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

 

Four Arrested in  Delhi Police Recruitment Scam

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

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

 

KPSC  , Scam

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

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

 

Judge   Selection   Illegal

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

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

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

 

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

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

 

Judges Suspended For Mass Copying

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

 

 

 

Edited, printed , published owned by NAGARAJA.M.R. @  # LIG-2   No  761, HUDCO  FIRST  STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017  KARNATAKA  INDIA

 

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Posted by naghrw at 10:11 PM
Thursday, 24 August 2017
Eligibility for CJI
Topic: human rights , media

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.35........02  / 09 / 2017

 

Should a Judge With a Serious Moral Flaw Become Chief Justice of India?

BY SHANTI BHUSHAN

Given the allegations of impropriety against him, should Justice Dipak Misra become the next CJI just because he is the senior-most judge in the Supreme Court?

The CJI wields enormous power in shaping the future of the judiciary. Credit: Twitter/Reuters

On August 27, Chief Justice of India (CJI) J.S. Khehar will demit office. The next in line is Justice Dipak Misra, but should the vacancy be filled up simply by the rule of seniority?

The CJI is a constitutional authority and presides over the country’s judiciary, comprising 31 Supreme Court justices, over 1000 high court judges and over 16,000 subordinate judges. The CJI dispenses justice in the highest court in cases involving complex constitutional issues, issues affecting the rule of law, issues having an impact on governance in the country, issues touching the lives and liberties of 1.3 billion Indians, and dispenses justice in regular civil and criminal appeals. As head of the Supreme Court, the CJI wields wide powers not just in administration but also in constituting benches and allocating matters, often politically sensitive ones.

In the First Judges case, the Supreme Court emphasised:

“Judges should be of stern stuff and tough fibre, unbending before power, economic or political, and they must uphold the core principle of the rule of law…”

In the Second Judges case, the Supreme Court in 1993 held:

“It is well-known that the appointment of superior judges is from amongst persons of mature age with known background and reputation in the legal profession… The collective wisdom of the constitutional functionaries involved in the process of appointing superior judges is expected to ensure that persons of unimpeachable integrity alone are appointed to these high offices and no doubtful persons gain entry. It is, therefore, time that all the constitutional functionaries involved in the process of appointment of superior judges should be fully alive to the serious implications of their constitutional obligation and be zealous in its discharge in order to ensure that no doubtful appointment can be made.”

The Supreme Court thus gave primacy to the CJI in the process of selecting judges to be appointed to the apex and high courts. The CJI thus wields enormous power in shaping the future of the judiciary. That is why the present CJI in the National Judicial Appointments Commission (NJAC) case has warned:

“The sensitivity of selecting judges is so enormous and the consequences of making inappropriate appointments so dangerous that if those involved in the process of selection and appointment of judges to the higher judiciary make wrongful selection it may well lead the nation into a chaos of sorts.”

In Manoj Narula vs Union of India, Justice Misra himself observed, “A democratic polity, as understood in its quintessential purity, is conceptually abhorrent to corruption and, especially corruption at high places.”

Land allotment case

Yet, Justice Misra has surprised many by what appears to be a serious lapse in conduct. He had applied for and obtained a lease of two acres of agricultural land in 1979 (while he was a lawyer) from the government of Odisha. In the affidavit filed by him (as a condition for allotment) he said: “I am Brahmin by caste and the extent of landed property held by me including all the members of my family is nil.”


Also read: Old Land Allotment Case Casts Shadow on Justice Dipak Misra’s Nomination as CJI


The lease was later cancelled by a well-considered order passed against him by the additional district magistrate of Cuttack on February 11, 1985, in proceedings under the Orissa Government Land Settlement Act, 1962:

“This G.O specifically provides vide paragraph 4 that a landless person is one who and his family members do not hold land more than two acres and who have no profitable means of livelihood other than agriculture… Therefore I am satisfied that the opposite party (Justice Misra) was not a landless person and as such he was not eligible for settlement of govt land for agricultural purpose. On this ground alone, the lease is liable to be cancelled… I am satisfied that the lessee has obtained lease by misrepresentation and fraud.”

It also appears that there were many other persons who had claimed such land by questionable means. In a writ petition filed by Chittaranjan Mohanty in the high court of Odisha, the court had passed an order on January 18, 2012, directing the CBI to enquire and investigate into unauthorised encroachment/occupation of government lands in the said area. The CBI had registered preliminary enquiry stating:

“(a) PE 1(S)/2011 for probing into the alleged unauthorized encroachment of entire Government land at Bidanasi Area of Cuttack District comprising of 13 mouzas viz Bidyadharpur, Bentakarpada, Ramgarh, Thangarhuda, Brajabiharipur and Unit 1 to Unit 8.”

The CBI submitted a final status report on May 30, 2013, wherein it expressly found that:

“In this case, Shri Dipak Mishra, S/o Raghunath Mishra, Vill-Tulsipur, PS- Lalbagh, Cuttack & permanent R/o Banpur, Puri was sanctioned 2 acres of land by the then Tahasildar Mr. J. A. Khan on 30.11.1979 at Plot No 34, Khata No 330, Mouja- Bidhyasharpur.”

“The allotment order of Tahasildar was cancelled by ADM Cuttack vide Order 11.02.1985. But the record was corrected only on 06.01.12 as per the order passed by the Tahasildar, Cuttack only after 06.01.2012.”

The CBI further found that:

“Enquiry has already revealed certain instances of irregular leasing out of government land to ineligible beneficiaries by the Tahasildar, Cuttack Sadar during the period 1977 to 1980 in Bidyadharpur Mouza. Though some of the cases of irregular lease were cancelled by the ADM (Revenue) on review but the leaseholders had not vacated the said land. Even the records were corrected after 06.01.2012 even though the lease was cancelled during 1984-85.”

The fate of the high court proceedings subsequent to this report remain unclear.

A false statement made in declaration, which is by law receivable as evidence, and using as true such declaration knowing it to be false, are serious offences under Section 199 and Section 200 of the IPC, punishable with up to seven years of imprisonment and a fine. The filing of that affidavit by Justice Misra is thus a very serious matter.


Also read: Seniority as the Norm to Appoint India’s Chief Justice is a Dubious Convention


Justice Misra’s name has even appeared in the suicide note by former Arunachal Pradesh chief minister Kalikho Pul. Though no investigation has taken place in that matter, the inquest report found the suicide note to be genuine. Under Section 32 of The Evidence Act, a suicide note has evidentiary value and must be followed up with a detailed enquiry after lodging an FIR, if need be.

Recently, newspaper reports have also appeared about Justice Misra’s name cropping up in the course of an enquiry by three judges of high courts into allegations against two sitting judges of the Odisha high court.

Should such a person become the CJI, even if he is the senior-most judge? Seniority is an important principle, though not the only principle for appointing the CJI. I have always opposed the supersession of judges for political or ideological considerations. As law minister in 1977, I had opposed the strident demand from my party to supercede judges who had decided the infamous habeas corpus judgement during the Emergency. In this case, however, the issue is of unsuitability on serious ethical considerations.

The recommendation by the present CJI for Justice Misra to succeed him is unfortunate in light of his own observations in the NJAC case. The country will now have to look up to the president and the prime minister to perform their duties, send back the CJI’s recommendation and suggest the appointment of the next judge in seniority.

Shanti Bhushan was India’s law minister from 1977-79 and is a senior advocate in the Supreme Court.

 

Old Land Allotment Case Casts Shadow on Justice Dipak Misra’s Nomination as CJI

BY AJOY ASHIRWAD MAHAPRASHASTA 

A three-member committee of high court judges set up to probe two Odisha judges had to halt their inquiry last month when Justice Misra’s name cropped up.

File photo of CJI J.S. Khehar and his designated successor, Justice Dipak Misra. Credit: Livelaw.in

File photo of CJI J.S. Khehar and his designated successor, Justice Dipak Misra. Credit: Livelaw.in

New Delhi: Can the Modi government appoint Dipak Misra as the next chief justice of the country without first resolving long-pending allegations that he acquired public land intended for the landless poor by submitting a false affidavit? This is the question being put to the prime minister and law minister by Adish C. Aggarwala, president of the International Council of Jurists, in the wake of Chief Justice (CJI) J.S. Khehar’s decision to recommend Justice Misra as his successor. Justice Khehar retires on August 27 and Justice Misra is the senior-most puisne judge at the Supreme Court.

Arguing that Justice Misra’s appointment as the next CJI would “severely compromise the independence of the judiciary,” Aggarwala wrote to Justice Khehar on July 24 asking him to first resolve an ongoing enquiry in which Justice Misra’s name had cropped up before the latter takes over the top judicial position.

Background

An Odisha-based activist, Jayanta Kumar Das, had alleged in a letter to then CJI T.S. Thakur in September 2016 that Justice Misra misrepresented facts in attempting to get hold of public land meant to be distributed to the landless poor for agricultural purposes.

According to information furnished by Das, Justice Misra had applied for allotment of the land to develop a fodder farm in 1979. While in his application to the Odisha government he declared that his family owned 10 acres of land although none of it was in his name, he allegedly concealed this information in a subsequent affidavit.

The affidavit later became the basis for allotment of two acres of land to Justice Misra.

The discrepancy between the application and the affidavit was noticed in 1985 by the additional district magistrate of Cuttack, C. Nayak, under whom the matter rested. Nayak ordered the cancellation of the allotment, noting that Justice Misra came from wealthy and propertied family and, therefore, was not eligible to receive the land grant.

Das’s letter to Justice Khehar quoted from the ADM’s order:

“I am satisfied that the lessee has obtained lease by mis-representation and fraud. The tahsildar has committed material irregularity in the procedure for which the public interest has suffered. It is common knowledge that many poor villagers, particularly weaker section of the community have no means of livelihood and the land available in the village should be made available to them to enable them to earn their livelihood and give them a sense of economic security which is the declared policy of the state”.

However, the ADM’s order was taken into consideration only in 2012 after one Chittaranjan Mohanty moved the Odisha high court in 2009 to demand an enquiry into the matter. The high court, while hearing the writ petition, ordered a CBI enquiry, which in 2013 confirmed the alleged irregularities in the land allotments. Following this, the revenue court ordered cancellation of the land allotments.

Despite the CBI’s findings, the case, which is listed before Justice Indrajit Mohanty, has not progressed.

Probe stopped because SC judge’s name cropped up 

Justice Mohanty is one of two Odisha high court judges against whom an in-house enquiry is being conducted, the other being Justice Sangam Kumar Sahoo.

The enquiry committee comprising three high court judges was set up by former CJI Thakur after he received complaints of corruption and misconduct against the two judges. The committee is  headed by the chief justice of Punjab and Haryana high court, S.J. Vazifdar.

In the course of the enquiry, the committee was forced to stop its investigation after Justice Misra’s name emerged in the alleged land fraud case. “The allegations against the sitting judge of the SC cannot be gone into by this committee as in-house procedure does not permit this committee to do so. The effect thereof on whether this committee can proceed with the inquiry against the two HC judges will be decided separately,” the committee noted, pointing out that it had no authority to probe Supreme Court judges. Consequently, the enquiry against the two judges also stopped midway.

It was reported that during the enquiry, the complainants also presented the allegations against Justice Misra, who is said to be close to the two judges under investigation.

Against this backdrop, Aggarwala wrote to the CJI that the appointment of Justice Misra should be stalled until a probe committee exonerates him of any wrongdoing. Instead of having an enquiry committee comprising high court judges, he demanded for the sake of judicial propriety that an in-house committee that has the power to probe sitting judges in the Supreme Court be constituted to look into the allegations against Justice Misra.

‘Set up in-house committee first’

Aggarwala said that Justice Misra has neither challenged the CBI report nor has he appealed against the revenue court orders that cancelled the allotment of land to him. He added that since the land allotted to him was taken back by the government only after he was appointed as a judge in the Supreme Court, the collegium and the government of India may not have taken the allegations against Justice Misra into consideration, and that it may now be proper for the CJI to constitute an in-house enquiry committee to probe the matter further before he takes over as the next chief justice.

Aggarwala said that since the Indian judiciary is highly respected across the world, “especially in the matters of jurisprudence found in the judgments of Supreme Court of India and different high courts in India”, it should first make the effort to clear the air around allegations of misconduct against Justice Misra before recommending him as the CJI.

However, the CJI appears to have ignored Aggarwala’s letter – which was written on 24 July – as Justice Khehar, according to reports, has already recommended Justice Misra’s name to the law ministry for appointment as the next CJI.

Aggarwala is, therefore, planning to appeal to the government to ask whether the CJI has referred to the allegations against Justice Misra before recommending his name.

“The chief justice of the high court Punjab and Haryana had informed Justice Khehar about the allegations against Justice Misra on June 15, but the CJI has not responded. Therefore, we are planning to write to the president and the prime minister and request them to look into the letter that the CJ of Punjab and Haryana has written. The government can’t inquire into allegations against a sitting judge of SC. This can only done by the in-house committee. We will request the government to ask the CJI whether he had considered the allegations and formed an in-house committee to probe the matter,” Aggarwala told The Wire.

“In the meantime, the government has the power to appoint an acting chief justice under article 126 of the constitution of India until the matter is fully resolved,” he added.

‘Baseless allegations’

The allegations against Justice Misra go back to a period when he was a practicing lawyer at the Cuttack high court. In 2011, when an in-house committee found the allegations of corruption against Justice Soumitra Sen of Kolkata high courtto be true, the top court had ordered his impeachment. In Sen’s case, too, the allegations against him went back to the days when he was a practicing lawyer.

Noted lawyer and political activist Prashant Bhushan told The Wire that it may be too late for any action now. “The charge against Justice Misra is serious. However, in view of the fact that it is quite old and now that he is due to become the CJI very soon, it would be difficult to do anything about it,” he said.

It may be noted that a retired Odisha high court judge, B.P. Das, last year, had alleged that his candidacy for the Punjab and Haryana chief justice’s position was scuttled by Justice Misra because he had ordered a CBI probe into the alleged land fraud case in which Justice Misra was also implicated.

Though The Wire was unable to contact Justice Misra for a response to Aggarwala’s letter and the older controversy it refers to, Justice Misra’s associates had last December dismissed Das’s allegations as “baseless” in remarks to the Economic Times. As for the charge that a false affidavit had been submitted by him to obtain land intended for the poor, the newspaper quoted “people close to Justice Misra” as saying that “the land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations.”

Justice Das disagreed, telling the Economic Times: “The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012, were in possession of this land… There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless.”

Justice Misra is not new to controversy. His name emerged in the 60-page suicide letter by the former chief minister of Arunachal Pradesh, Kalikho Pul, earlier this year. Pul had alleged that relatives of top Supreme Court judges had approached him with offers to swing the president’s rule case in his favour.

Justice Misra was the senior judge on the bench that last November ruled in favour of a petition that the national anthem be played before the screening of all movies in cinema halls and that audience goers had to stand to attention for it. In another controversial decision last year, a bench comprising Justice Misra had rejected the Uttar Pradesh government’s decision to provide reservation in promotion of government employees. He also led the bench which upheld the law of criminal defamation.

If confirmed as CJI, Justice Misra’s tenure will last till October 2018.

 Editorial :  Mishra Threatens  Petitioner

-         Accountability of  Judges MUST

-         Remainder to  Honourable CJI  &  Justice Mishra

Mr.Upendra Mishra ( Justice Dipak Mishra Proxy  or  unrelated ?  )  has threatened the petioner Mr. Nagaraja.M.R.  for petitioning against Justice Dipak Mishra through facebook posting.  Mr. Upendra Mishra  indirectly referred about sending  petitioner to jail.  If  anything untoward happens to me or to my  dependants Mr.Upendra Mishra , Justice Dipak Mishra , CJI  will be jointly responsible along with perpetrators of crime and jointly liable to pay damages.

file:///C:/Users/Administrator/Downloads/High%20Court%20Of%20Judicature%20at%20Allahabad_Lucknow%20Bench.html ,

Police  verification is mandatory , before getting passport or before joining government service. If  police   finds any suspicious  connections , activities by the applicant  and gives adverse report   the person will not get passport or  will not be selected for government service. When even for the post of peon in government positive police verification is mandatory , why NOT for Justice Dipak Mishra.?  Mishra has been indicted by Revenue Assistant commissioner , CBI,  still promotion to CJI why ?  Previously too  few judges indicted by IB  and against the reservation of bar councils were promoted , why ?

Courts of law treats  dying declaration of a person or a witness as an important evidence in cases  involving common people. Whereas in the case of Suicide of Mr.Kalikho Pul former chief minister of Arunachal Pradesh , his suicide note  indicting  Justice Khehar , Justice  Dipak Mishra , President Pranab Mukherjee , others was  not considered as a  dying declaration &  acted upon in right  earnest by SCI , why ? Is there different set of laws for Justice Khehar , Justice Dipak Mishra , President Pranab Mukherjee and commoners ?

 

Supreme  Court Judges take  5 star  pay , perks from the public exchequer but   don’t give accounts of their actions to public .

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 ?       

  In most of the cases , when allegations against judges comes up proper enquiry is not done , no follow up legal prosecution is done. In other cases , no enquiry is done.  RTI  information about such judges is not given to RTI applicants ,  PILs  filed against such judges are not entertained by courts ,  PILs are not registered & taken up for hearing.  Thereby , guilty judges  remain  technically innocent  as no  proper investigation is done , as  they are not  legally prosecuted by investigating agency , as they are not judged , declared as  “Guilty” by any court of law.  All court management.

  Even if a judge is transferred  or resigns or impeached , it  is  not a legal punishment  & definitely not the end of legal prosecution. If a commoner  steals  a jewellery but  returns the same after sometime to the owner with sorry. Is it the end ? is there no punishment for his crime ?  In the same way , what punishment for guilty judge ?

  Now, take the case of Justice Karnan, apex court  took  cognizance of Karnan’s   way of representation , his sound.  Justice Karnan made certain  allegations against high court judges through proper official channel to supreme court of india . Why it did not act till months , till date ? Why SCI did not constitute an  impartial enquiry committee  to investigate ? 

When a person calls  you repeatedly  in a normal polite tone & you do not respond. The  caller concludes  the  hearer is either deaf / dumb / pretending  to be deaf & dumb. In such a scenario , caller yells out at high pitch so that the hearer can hear.

Same way , when SCI failed to act on  his repeated appeals , he yelled  out in open , what is wrong with  him ? Actually SCI is on the wrong side , why it did not conduct enquiry in the first place  at  the first instance?

 To silence him  SCI Judges , Advocate Ram Jethmalani termed Karnan as  lunatic. Are  you subject experts in psychiatry ?  You are not full fledged experts in your own domain , how come in others. is  it not defamation of an individual , contempt of high court of west Bengal ? What punishment for defamers , contemnors ?

  Day in day out , since years SCI Judges are making contempt of citizens of india by not answering RTI questions , by not registering PILs in turn  covering up crimes by judges ,  officials & others. Why no punishment to SCI Judges for contempt of citizens of india ?

  There is wrong from the beginning. There are fake advocates ,  Judicial exam papers are  leaked ,  few  judges  selected are kith & kin of serving / influential judges ( others  not bright ? ) , some judges copy during  the examination , few favorable junior  judges promoted while the  talented senior judge is sidelined in promotion.  So  few  candidates  are  selected as judges  in the illegal way , how can they work in a legal  way ?

Threatening a petitioner with contempt  or  brute police force or fixing petitioner in false cases  is not ethical nor legal.

Read details at following web pages , attachment  & sincerely answer :

 

Judges  SEX  crimes

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

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

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

 

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

 

 

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

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

 

Eight chief justices were corrupt: Ex-law minister

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

 

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

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

 

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

 

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

JAIL  Dipak  Mishra

https://sites.google.com/site/dalitsdiary/dipak-mishra-unfit-judge ,

 

JAIL  Tyrrant  Judges

https://sites.google.com/site/eclarionofdalit/jail-tyrant-judges ,

 

Ugly  face of Judiciary

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

 

5 Star  Jails & Hell

https://sites.google.com/site/eclarionofdalit/5-star-jails-hell  ,

 

Judges  Connive with  VIP  Prisoners

https://sites.google.com/site/sosevoiceforjustice/judges-connive-with-vip-prisoners

 

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

 

Even as Chief Justice of India (CJI) JS Khehar has recommended the name of senior-most Supreme Court judge Justice Dipak Mishra as his successor, the International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

Since the CJI has already recommended Justice Mishra's name as his successor despite the charges against him, ICJ plans to approach the President and the Prime Minister seeking their intervention.

Lok Sabha MP Harinder Singh Khalsa has also written a letter to the Prime Minister's Office expressing his concern over the CJI's recommendation of Justice Misra.

"I feel very strongly about what is going on at the moment. Allegations of impropriety and the incident with Justice CS Karnan prompted me to write to the Prime Minister," Khalsa told DNA.

In his letter, Khalsa referred to late Arunachal Chief Minister Kalikho Pul's suicide letter which accused several judges of the higher judiciary of corruption. Khalsa wrote: "The people of this country who certainly expect the next CJI to be not merely a Caeser's wife above suspicion but a judicial statesman, a tall figure whose integrity and probity is beyond doubt."

As first reported by DNA, an in-house probe headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar and two other Hgh Court judges against two Orissa High Court judges was abruptly stopped when the name of a sitting Supreme Court Justice cropped up. The committee wrote to CJI Khehar and stated that it could not conduct any enquiry against a sitting Supreme Court judge.

The ICJ wrote a letter to CJI Khehar on July 24 and sought an internal probe against Justice Misra since its own enquiries had "revealed that the Supreme Court judge in question is Justice Dipak Misra, who is the senior-most after the CJI."

"We seek your indulgence to immediately appoint an in-house committee consisting of Judges of Supreme Court of India to look into the allegations against Mr Justice Dipak Misra, Judge, Supreme Court of India, to ensure transparency in the functioning and independence of Indian judiciary," the letter sent by ICJ president Adish Aggarwala reads.

The ICJ letter also refers to a September 2016 complaint filed by one Jayanta Kumar Das, alleging that Justice Misra was involved in the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack when he was a lawyer. According to ICJ Aggarwala, Justice Misra was allotted land in 1979 when he was an advocate there and there is a court order with adverse remarks in the matter pertaining to the land.

"Your Lordship, since institutional integrity is involved in the whole episode and that the allegations are against a sitting apex court judge, who may be considered for appointment as next Chief Justice of India, it is incumbent on you to clear the doubts in the minds of the public and lawyers about your successor," the letter says.

It also points out that when allegations of impropriety were made against Justice Soumitra Sen of the Calcutta High Court, "allegations, which were much less serious than those against Mr. Justice Dipak Mishra, the then CJI immediately constituted an in-house committee to look into the allegations against him".

"Once the veracity of allegations against him (as an advocate) was established, the then CJI recommended his impeachment. Unless a similar procedure of enquiry is followed in case of Mr Justice Dipak Misra, the high name of Indian judiciary may be smirked," it says.

 

Cropping Up Of SC Judge’s Name During Inquiry Is No Reason To Stall Probe Against Orissa HC Judge, CJAR Writes To In-House Committee Chairman

Read more at: http://www.livelaw.in/cropping-sc-judges-name-inquiry-no-reason-stall-probe-orissa-hc-judge-cjar-writes-house-committee-chairman/

 

Intellectual Dishonesty Is The Biggest Challenge To The Independence Of Judiciary: Senior Advocate Dushyant Dave 
Read more at: http://www.livelaw.in/intellectual-dishonesty-biggest-challenge-independence-judiciary-senior-advocate-dushyant-dave-video / ,

https://www.youtube.com/watch?v=YiqRt9YsYhQ&t=825s ,

 

Why The kith And Kin Of Judges Being Mostly Considered For Appointments? Asks SCBA President

http://www.livelaw.in/kith-kin-judges-mostly-considered-appointments-asks-scba-president-judges-child-calibre-heshe-can-become-judge-cji/ ,



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

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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/ ,

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Posted by naghrw at 1:59 PM
Tuesday, 22 August 2017
Mishra Threatens Petitioner
Topic: human rights , media

Dalit’s  Diary  -   e  News   Weekly  

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.11 issue.34… . 30  / 08 / 2017

 

Editorial :  Mishra Threatens  Petitioner

-         Accountability of  Judges MUST

-         Remainder to  Honourable CJI  &  Justice Mishra

Mr.Upendra Mishra ( Justice Dipak Mishra Proxy  or  unrelated ?  )  has threatened the petioner Mr. Nagaraja.M.R.  for petitioning against Justice Dipak Mishra through facebook posting.  Mr. Upendra Mishra  indirectly referred about sending  petitioner to jail.  If  anything untoward happens to me or to my  dependants Mr.Upendra Mishra , Justice Dipak Mishra , CJI  will be jointly responsible along with perpetrators of crime and jointly liable to pay damages.

file:///C:/Users/Administrator/Downloads/High%20Court%20Of%20Judicature%20at%20Allahabad_Lucknow%20Bench.html,

Police  verification is mandatory , before getting passport or before joining government service. If  police   finds any suspicious  connections , activities by the applicant  and gives adverse report   the person will not get passport or  will not be selected for government service. When even for the post of peon in government positive police verification is mandatory , why NOT for Justice Dipak Mishra.?  Mishra has been indicted by Revenue Assistant commissioner , CBI,  still promotion to CJI why ?  Previously too  few judges indicted by IB  and against the reservation of bar councils were promoted , why ?

Courts of law treats  dying declaration of a person or a witness as an important evidence in cases  involving common people. Whereas in the case of Suicide of Mr.Kalikho Pul former chief minister of Arunachal Pradesh , his suicide note  indicting  Justice Khehar , Justice  Dipak Mishra , President Pranab Mukherjee , others was  not considered as a  dying declaration &  acted upon in right  earnest by SCI , why ? Is there different set of laws for Justice Khehar , Justice Dipak Mishra , President Pranab Mukherjee and commoners ?

 

Supreme  Court Judges take  5 star  pay , perks from the public exchequer but   don’t give accounts of their actions to public .

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 ?       

  In most of the cases , when allegations against judges comes up proper enquiry is not done , no follow up legal prosecution is done. In other cases , no enquiry is done.  RTI  information about such judges is not given to RTI applicants ,  PILs  filed against such judges are not entertained by courts ,  PILs are not registered & taken up for hearing.  Thereby , guilty judges  remain  technically innocent  as no  proper investigation is done , as  they are not  legally prosecuted by investigating agency , as they are not judged , declared as  “Guilty” by any court of law.  All court management.

  Even if a judge is transferred  or resigns or impeached , it  is  not a legal punishment  & definitely not the end of legal prosecution. If a commoner  steals  a jewellery but  returns the same after sometime to the owner with sorry. Is it the end ? is there no punishment for his crime ?  In the same way , what punishment for guilty judge ?

  Now, take the case of Justice Karnan, apex court  took  cognizance of Karnan’s   way of representation , his sound.  Justice Karnan made certain  allegations against high court judges through proper official channel to supreme court of india . Why it did not act till months , till date ? Why SCI did not constitute an  impartial enquiry committee  to investigate ? 

When a person calls  you repeatedly  in a normal polite tone & you do not respond. The  caller concludes  the  hearer is either deaf / dumb / pretending  to be deaf & dumb. In such a scenario , caller yells out at high pitch so that the hearer can hear.

Same way , when SCI failed to act on  his repeated appeals , he yelled  out in open , what is wrong with  him ? Actually SCI is on the wrong side , why it did not conduct enquiry in the first place  at  the first instance?

 To silence him  SCI Judges , Advocate Ram Jethmalani termed Karnan as  lunatic. Are  you subject experts in psychiatry ?  You are not full fledged experts in your own domain , how come in others. is  it not defamation of an individual , contempt of high court of west Bengal ? What punishment for defamers , contemnors ?

  Day in day out , since years SCI Judges are making contempt of citizens of india by not answering RTI questions , by not registering PILs in turn  covering up crimes by judges ,  officials & others. Why no punishment to SCI Judges for contempt of citizens of india ?

  There is wrong from the beginning. There are fake advocates ,  Judicial exam papers are  leaked ,  few  judges  selected are kith & kin of serving / influential judges ( others  not bright ? ) , some judges copy during  the examination , few favorable junior  judges promoted while the  talented senior judge is sidelined in promotion.  So  few  candidates  are  selected as judges  in the illegal way , how can they work in a legal  way ?

Threatening a petitioner with contempt  or  brute police force or fixing petitioner in false cases  is not ethical nor legal.

Read details at following web pages , attachment  & sincerely answer :

 

Judges  SEX  crimes

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

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

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

 

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

 

 

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

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

 

Eight chief justices were corrupt: Ex-law minister

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

 

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

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

 

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

 

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

JAIL  Dipak  Mishra

https://sites.google.com/site/dalitsdiary/dipak-mishra-unfit-judge ,

 

JAIL  Tyrrant  Judges

https://sites.google.com/site/eclarionofdalit/jail-tyrant-judges ,

 

Ugly  face of Judiciary

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

 

5 Star  Jails & Hell

https://sites.google.com/site/eclarionofdalit/5-star-jails-hell  ,

 

Judges  Connive with  VIP  Prisoners

https://sites.google.com/site/sosevoiceforjustice/judges-connive-with-vip-prisoners

 

Jai Hind. Vande Mataram.

 

Your’s ,

Nagaraja Mysuru Raghupathi.

International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

 

Even as Chief Justice of India (CJI) JS Khehar has recommended the name of senior-most Supreme Court judge Justice Dipak Mishra as his successor, the International Council of Jurists (ICJ) has sought an in-house probe against Justice Mishra for alleged irregularities.

Since the CJI has already recommended Justice Mishra's name as his successor despite the charges against him, ICJ plans to approach the President and the Prime Minister seeking their intervention.

Lok Sabha MP Harinder Singh Khalsa has also written a letter to the Prime Minister's Office expressing his concern over the CJI's recommendation of Justice Misra.

"I feel very strongly about what is going on at the moment. Allegations of impropriety and the incident with Justice CS Karnan prompted me to write to the Prime Minister," Khalsa told DNA.

In his letter, Khalsa referred to late Arunachal Chief Minister Kalikho Pul's suicide letter which accused several judges of the higher judiciary of corruption. Khalsa wrote: "The people of this country who certainly expect the next CJI to be not merely a Caeser's wife above suspicion but a judicial statesman, a tall figure whose integrity and probity is beyond doubt."

As first reported by DNA, an in-house probe headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar and two other Hgh Court judges against two Orissa High Court judges was abruptly stopped when the name of a sitting Supreme Court Justice cropped up. The committee wrote to CJI Khehar and stated that it could not conduct any enquiry against a sitting Supreme Court judge.

The ICJ wrote a letter to CJI Khehar on July 24 and sought an internal probe against Justice Misra since its own enquiries had "revealed that the Supreme Court judge in question is Justice Dipak Misra, who is the senior-most after the CJI."

"We seek your indulgence to immediately appoint an in-house committee consisting of Judges of Supreme Court of India to look into the allegations against Mr Justice Dipak Misra, Judge, Supreme Court of India, to ensure transparency in the functioning and independence of Indian judiciary," the letter sent by ICJ president Adish Aggarwala reads.

The ICJ letter also refers to a September 2016 complaint filed by one Jayanta Kumar Das, alleging that Justice Misra was involved in the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack when he was a lawyer. According to ICJ Aggarwala, Justice Misra was allotted land in 1979 when he was an advocate there and there is a court order with adverse remarks in the matter pertaining to the land.

"Your Lordship, since institutional integrity is involved in the whole episode and that the allegations are against a sitting apex court judge, who may be considered for appointment as next Chief Justice of India, it is incumbent on you to clear the doubts in the minds of the public and lawyers about your successor," the letter says.

It also points out that when allegations of impropriety were made against Justice Soumitra Sen of the Calcutta High Court, "allegations, which were much less serious than those against Mr. Justice Dipak Mishra, the then CJI immediately constituted an in-house committee to look into the allegations against him".

"Once the veracity of allegations against him (as an advocate) was established, the then CJI recommended his impeachment. Unless a similar procedure of enquiry is followed in case of Mr Justice Dipak Misra, the high name of Indian judiciary may be smirked," it says.

 

Cropping Up Of SC Judge’s Name During Inquiry Is No Reason To Stall Probe Against Orissa HC Judge, CJAR Writes To In-House Committee Chairman

Read more at: http://www.livelaw.in/cropping-sc-judges-name-inquiry-no-reason-stall-probe-orissa-hc-judge-cjar-writes-house-committee-chairman/

 

Intellectual Dishonesty Is The Biggest Challenge To The Independence Of Judiciary: Senior Advocate Dushyant Dave 
Read more at: http://www.livelaw.in/intellectual-dishonesty-biggest-challenge-independence-judiciary-senior-advocate-dushyant-dave-video / ,

https://www.youtube.com/watch?v=YiqRt9YsYhQ&t=825s ,

 

Why The kith And Kin Of Judges Being Mostly Considered For Appointments? Asks SCBA President

http://www.livelaw.in/kith-kin-judges-mostly-considered-appointments-asks-scba-president-judges-child-calibre-heshe-can-become-judge-cji/ ,

APPOINTMENT OF SUPREME COURT JUDGES IN INDIA & NECESSARY JUDICIAL REFORMS

 

By  P Mohan Chandran

 

The appointment of Supreme Court judges in India has created quite a furore among the Indian executive and judiciary alike. It has been mired in controversies galore in the wake of the National Judicial Appointments Commission (NJAC) Act being struck down and declared unconstitutional by a five-judge Supreme Court bench headed by Justice J.S. Khehar, after a marathon hearing for 31 days on the issue of the validity of the 99th constitutional amendment and the NJAC Act. As the judicial vacancies in High Courts kept rising, touching about 40%, Justice Khehar delivered the historic verdict that the judicial appointments would not be put on hold and the Collegium process would continue until the Constitution Bench decided on reforms.

COLLEGIUM SYSTEM & ITS ORIGIN

In the Collegium system, the Chief Justice of India (CJI) and a panel comprising four senior-most judges of the Supreme Court recommend appointments and transfers of judges. The collegium system evolved after three landmark judgments of the Supreme Court, popularly known as the ‘three judges cases’ that comprised the first, second and the third judges cases.

The first judges case was the SP Gupta case. It was decided on December 30, 1981 that the President, with sensible reasons, could reject judges’ names recommended by the CJI. This shifted more power on the executive from the judiciary in the appointments process.

In the second judges’ case, a nine-judge bench of the Supreme Court overturned the verdict of the first judges case by creating a Collegium system. The majority verdict delivered by Justice J.S. Verma in the Supreme Court Advocates on Record Association Vs Union of India case on October 6, 1993, stated that the CJI should be entrusted with the primary role of appointments of judges. However, the three judges ruling in this case could not reach a consensus on the exact role of the CJI in the process, leading to a lot of confusion in the appointment and transfer of judges for years.

The final judgement in the series, the third judges case (October 28, 1998) made things clearer after the President’s request to the Supreme Court for a clarity. In this case, the Supreme Court came up with nine guidelines that the Collegium system should follow to function effectively. This case established the supremacy of the judiciary in the appointment and transfer of judges.

WHAT IS NJAC?

NJAC or the National Judicial Appointments Commission is a constitutional body proposed to replace the existing Collegium system of appointing judges. The NJAC proposed a transparent and broad-based process of selection of judges of the Supreme Court and High Courts. The judges of the Supreme Court and High Courts were to be selected by the NJAC commission, whose members were drawn from the judiciary, legislature and civil society.

The NJAC was established by amending the Constitution (99th Amendment) Act, 2014, passed by the Lok Sabha and the Rajya Sabha in August 2014. Alongside, the Parliament also passed the National Judicial Appointments Commission Act, 2014, to regulate the functions of NJAC. The State legislatures of 16 states ratified both the Bills and the President gave his assent on December 31, 2014. The NJAC Act and the Constitutional Amendment Act came into force from April 13, 2015.

 

Constitution of the NJAC

The NJAC will consist of six people: the Chief Justice of India (CJI), two senior-most judges of the Supreme Court, the Law Minister, and two ‘eminent persons’. These eminent persons would be nominated for a three-year term by a committee consisting of the CJI, the Prime Minister, and the Leader of the Opposition in the Lok Sabha. One eminent person had to be nominated from among the Scheduled Castes, Scheduled Tribes, OBCs, minorities or women. These eminent persons were not eligible for re-nomination.

 

Maintaining Judicial Independence

The judicial representatives in the NJAC – the CJI and two senior-most judges – can veto any name proposed for appointment to a judicial post if they disapprove of it. A proposal once vetoed cannot be revived. At the same time, the judges require the support of other members of the commission to get a name through.

 

Method of Appointment of Judges Prior to NJAC

Articles 124 and 217 of the Constitution deals with the appointment of judges of the higher judiciary. According to these Articles, judges are appointed by the President of India after consultation with the CJI and other judges. The term “consultation” is of great significance here because in 1993, in the Second Judges case, the Supreme Court decided that the CJI must agree to all judicial appointments. This created the Collegium system, wherein the three senior-most Supreme Court judges decided on who would be a judge of the High Court or the Supreme Court.

 

‘FLAWED’ COLLEGIUM SYSTEM – THE ‘CRUX’ OF THE CRISIS

The Central government criticised the Collegium system stating it has created an imperium in imperio, i.e., empire within an empire, within the Supreme Court. The Supreme Court Bar Association too blamed it for creating a “give-and-take” culture, causing a chasm between the haves and have-nots. The Bar Associated noted that the common man keeps struggling for years to get justice, while politicians and actors get instant relief from courts.

Many eminent jurists, too, time and again, have expressed their reservations about the impartiality of the Collegium system. Former Chief Justice of India, Late Justice JS Verma, who was a part of the panel of judges who delivered the historical 1993 judgment introducing the collegium system, during the fag end of his life, surprisingly expressed displeasure at the verdict as many shortcomings had crept into the system in the past 20 years since its introduction. Several detractors of NJAC also argued that the new political element would destroy judicial independence.

In 2015, Attorney General Mukul Rohtagi, during his arguments in the Supreme Court on the petition challenging the National Judicial Appointments Commission (NJAC), described the Collegium system as “dead and buried”. Rohtagi said that in no other country, except in India, judges were appointed by judges, and he opined that the new system would lead to infusing more accountability and transparency into the judicial system.

According to Justice Chelameswar, who was a keen external observant of the dynamics of the Collegium system for the past five years and also an insider for quite some time, felt that the Collegium, since its constitution, never maintained a record of the minutes of its meetings of the five members and their deliberations. Justice Chelameswar indicated that an absence of record implied that the Chief Justice of India (CJI) could present the Collegium’s opinions to the government as unanimous decisions, thus suppressing any dissent within the body, until there was proof otherwise. The issue of ‘lack of record’ questions the Supreme Court’s creation of the Collegium through its nine-judge bench’s ruling in the Second Judges case in 1993.

The Supreme Court, in the Third Judges case, in its advisory opinion to the President on October 28, 1998 held that “the opinion of all members of the Collegium in respect of each recommendation should be in writing.” The Supreme Court also held that “the ascertainment of the views of the senior-most Supreme Court judges who hail from High Courts from where the persons to be recommended come, must also be in writing.” From this verdict of the Supreme Court, it is quite clear that the Supreme Court made it mandatory for the Collegium to maintain a record of its proceedings, including the Collegium members’ reasons for recommending or rejecting a candidate considered by them.

If one of the members of the Collegium dissents on the recommendation of a particular judge, then the government can ask the Collegium to reconsider the recommendation on this ground. However, such a recommendation is binding on the government if the Collegium reiterates it, but such reiteration has to be unanimous for the government to accept it. Thus, a dissenting member of the Collegium gets an opportunity to exercise the option to ‘veto’ a recommendation while reconsidering it. In the judgment of the Third Judges case, paragraph 26 clearly states that only a unanimous reiteration entails an appointment. Thus, with the failure of the Collegium to keep a record of its proceedings, the government cannot know whether the original recommendation or a reiteration (when asked to reconsider) was a unanimous one, and it is compelled to rely on the CJI’s word. But, if the CJI’s word were to be contested by the other Collegium members, then complying with CJI’s word would create some issues to the government.

An instance of a negative consequence of not maintaining records came to light in March 2016, when a challenge filed by Lalit Kumar Mishra, a former additional judge of the Orissa High Court, regarding his non-appointment as a permanent judge of the High Court despite his name being recommended by the Supreme Court Collegium, was dismissed by the Supreme Court bench comprising Justices Ranjan Gogoi, Arun Mishra and Prafulla C. Pant. Mishra’s contention was that there was nothing in writing that suggested that the Supreme Court Collegium had reconsidered its recommendation to make him a permanent judge of the High Court. Thus, the absence of record-keeping is the crux of the crisis.

 

NJAC – THE BONE OF ‘CONTENTION’

The following were some of the issues that were the bone of contention between the government and the judiciary:

·         The Memorandum of Procedure for appointing judges was a bone of contention, with the judiciary refusing to accept the government’s proposals.

·         Several clauses, including the inclusion of the law minister into NJAC, has been unpalatable by the judiciary.

·         The government’s insistence on including its clauses has led to a gridlock, with judicial delay and unfilled vacancies.

The following were the reactions of some of the prominent lawyers from the horse’s mouth on the Supreme Court’s decision:

Abhishek Manu Singhvi: “Having seen the good and later the disturbing operation of both the government appointments and the Collegium system, I think the NJAC should have been given a chance. In my personal view, the judgment is disappointing. Let us hope that there will be real, actual and significant reforms in the content and operation of the Collegium system.” 

M.N. Krishnamani, Former President, Supreme Court Bar Association: “I am not happy with the judgment. The power was initially vested with the executive, subject to consultation with the CJI. That could not have been changed by the judiciary.”


Prashant Bhushan: “It is very heartening to note that the Supreme Court has put its foot down firmly on attempts to dilute the independence of the judiciary by allowing the executive government a say in the process of appointing judges. This will mean a revival of the Collegium system, which suffers from problems such as lack of transparency and lack of definite eligibility criteria for selection of judges. For this, one needs an independent full-time body, which is independent of both the judiciary and the government.”


Kapil Sibal: “This is a great success for Indian democracy. This government and its legal advisors should resign. I hail the judgment for ensuring the independence of the judiciary and not allowing any attempts to make inroads into the independence of the judiciary and for throttling the basic freedoms of the citizenry. However, we do request the judiciary to evolve more transparent procedures to ensure the judiciary gives enough confidence to the bar and the people.”

 
THE NEED FOR JUDICIAL REFORMS

As most of the legal fraternity seemed to be against the flawed collegium system as explained above, the Modi government felt a need to reform it in 2014. However, it faltered because its focus was more on how it could control the appointment of judges through the NJAC rather than on reforms.

A good way to end the executive-judiciary impasse would be to make public any future correspondence on the Memorandum of Procedure (MoP), which will act as a catalyst in infusing transparency in judicial appointments. MoP for collegium appointments, as suggested by the government, aims at having an institutional and transparent process of judicial appointments, wherein more people, instead of a closed group, are involved in the appointment of judges.

The government had proposed some of the following measures to reform the judicial appointment process:

·         There should be an age limit set up for appointment of judges.

·         Instead of only the Collegium, all judges should vet the list of names of judges to be selected.  

·         Chief Ministers, Attorney Generals and Advocate General should have a say in the appointment of judges.

·         The criteria of merit, seniority and integrity should be strictly followed while promoting a High Court Chief Justice or a judge to the Supreme Court. Preference should be given to Chief Justices of High Courts, keeping in mind their ‘inter-se seniority’.

·         When a senior Chief Justice is overlooked for elevation to the Supreme Court, the reasons for it must be recorded in writing. The views of each of the five judges of the Collegium must be made known to the government in writing.

·         An institutional mechanism by way of a committee to be constituted to aid the Collegium in the evaluation of suitable prospective judges. Two retired judges of the Supreme Court and one eminent person/jurist should be jointly nominated by the Chief Justice of India and the Government of India, with an aim to create wider consultation for selecting best candidates.

·         There should be a secretariat created under the Law Ministry to keep a record of the database of judges, Collegium meetings, maintain records and receive recommendations/complaints concerning the posting of judges. The secretariat would help ensure a wider net for better candidates and the Collegium would also have comparative data for making better decisions.

·         The names of the judges whose Intelligence Bureau report is negative to be struck down from the list of names for judicial appointments to the Supreme Court.

 

ELIMINATING NEPOTISM – THE NEED OF THE HOUR

An important step in reforming the Indian judiciary would be to eliminate nepotism. On August 19, 2016, a Hindi news portal, www.indiaspeaksdaily.com, published a detailed article on the kind of nepotism prevailing when a list was sent by the Allahabad High Court to the Supreme Court for appointment of judges. The article mentions that there are dozens of judges whose sons, daughters and relatives are also judges. The article enlightens us on several aspects of judicial appointments and mentions that many of the names suggested in the list sent by Allahabad High Court do not fulfill many of the eligibility conditions for appointment of judges. The article states that in the year 2000, 8 out of the 13 judges suggested by the Allahabad High Court Collegium were relatives of sitting judges. According to the article, 90 of the 159 names suggested in the list by Allahabad High Court were relatives of different judges. However, the whole list was later dismissed.

Another article titled “Relatives of 9 Judges Appointed Law Officers”, published by the Tribune on July 7, 2013, mentions the trend of judges having relatives practicing in the same courts.

In yet another case of corruption that involved 73 judges, some of the judges enrolled themselves as members of the Karnataka State Judicial Department Employees House Building Cooperative Society and bought plots meant for housing court employees, who were unable to afford accommodation, at huge discounts. Some of the judges included ex-Chief Justice of India H.L. Dattu, ex-CJI M.N. Venkatachalaiah, and the current Chief Justice of India, T.S. Thakur too, who bought plots in that society. DNA City had covered this news article on November 23, 2011. In spite of this controversy, both H.L. Dattu and T.S. Thakur became Chief Justices of India.

There have been several cases of corruption and allegations on various judges such as Justice Y.K. Sabharwal, Justice V. Ramaswami, Justice A.S. Anand, Justice Vijendra Jain, Justice F.I. Rebello, Justice K.G. Balakrishnan and many more, who continue either continue to retain their positions or even grow.

It is said that Justice K.G. Balakrishnan’s appointment was also a kind of scandal. In 1998, when the NDA government came to power, the question of appointment of Supreme Court judges had come up. The Supreme Court Collegium gave a list that went to the President for appointment through the law ministry. Upon receiving the file, the President sent a name back to the Law minister to be considered for Supreme Court. K.R. Narayanan was the President then and the first Dalit President, too. K.G. Balakrishnan too was a Dalit. When the file was sent to the President again, he sat on the file and when the file was sent for the third time to the President, the President seemed to have insisted and got K.G. Balakrishnan appointed, who had one of the longest terms of over 3 years as the Chief Justice of India. Later, it is alleged that K.G. Balakrishnan also got several other judges appointed to the Supreme Court according to his whims and fancies.

According to some sources, Devi Das Thakur, late father of T.S. Thakur, was a good friend of Girdhari Lal Dogra of Congress, who, in turn, is related to a senior cabinet minister. Ex-CJI A.S. Anand was also Dogra’s friend.

Justice K.G. Balakrishnan’s son became a judge and Justice Y.G. Chandrachud’s son also became a Supreme Court judge. It is rumored that ex-CJI Ranganath Mishra’s nephew, Justice Dipak Mishra is expected to become the CJI in 2017.

Many judges post-retirement also land up with plum sinecure positions as a quid pro quofor a few favors done to the government. When the law does not allow a judge to practice in the same court after retirement, fearing wielding of undue influence, it seems quite illogical how a judge can be allowed to seek post-retirement benefits. Chief Justice of India T.S. Thakur’s father became a Governor, while ex-Chief Justice of India, P. Sathasivam was appointed as the Governor of Kerala. Some of the post-retirement benefits are also given away by way of unlimited perks on esteemed panels, committees and commissions. Chief Justice of India, Ranganath Mishra became a Congress MP after retirement, while many other cushy jobs such as National Human Rights Commission (NHRC), National Green Tribunal (NGT), Press Council of India (PCI) are reserved for and later awarded to senior judges. For instance, Justice Markandey Katju became the Chairman of the PCI in 2011.

 

THE WAY AHEAD

It is quite often said that judiciary and politics are strange-bed mates and there seems to be excess of impropriety, corruption and nepotism in India’s judicial system. It is clear that several deals have changed hands, limits have been transgressed and the justice delivery system is crippled. Our judicial appointment system has oscillated between two extremes in the last four decades – from excessive political interference by Indira Gandhi to the arbitrary and opaque Collegium system. It is now high time to strike a middle path. Right thinking citizens must get involved and give an opportunity for the judiciary to be redeemed and entangled from the clutches of political power, so that it can act independently, fearlessly, shunning nepotism forever.

 

DECLARATION 



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



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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 :  22 .08 .2017…………………………..Your's sincerely,

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

 

 

edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA     

  cell : 91 8970318202        

 home page:   

http://eclarionofdalit.dalitonline.in/  ,

https://in.groups.yahoo.com/neo/groups/dalitsdiary/ ,

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

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

https://dalitsdiary.blogspot.in/ ,

https://eclarionofdalit.wordpress.com/ ,

http://thecitizens.torpress2sarn7xw.onion/ ,

 

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

Secure  Mail :  Naag@torbox3uiot6wchz.onion ,    


Posted by naghrw at 12:22 PM
Thursday, 27 July 2017
Judges Connive with VIP Prisoners
Topic: human rights , media

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.31........05  / 08 / 2017

 

Editorial : Judges Police Connive with  VIP  Prisoners

 

   It is the basic , fundamental  duty of a judge to monitor , ensure that his judicial orders / judgements  are complied with. If not  to  ensure it’s compliance and to legally prosecute those who failed to comply with judicial orders.

    If Rich Influential prisoners are getting illegal facilities in jails , it is only due to connivance of jail officials , police & judges.

  Why NOT start  by sending errant judges to jails ?

  • Jail rules continue to be flouted at Parapanna Agrahara Central Prison in Bengaluru with high-profile convicts being treated like VIPs and common prisoners being deprived of even basic amenities.


At Bengaluru's Parapanna Agrahara Jail, high-profile convicts are treated like VIPs


Jail rules continue to be flouted at Parapanna Agrahara Central Prison in Bengaluru with high-profile convicts being treated like VIPs and common prisoners being deprived of even basic amenities.

The Parapanna Agrahara Central Jail located in Bengaluru has witnessed several instances of violation of jail rules.

DIG prisons D Roopa, who had sent her damning report to the Karnataka top cop on how the Bengaluru prison had become a haven for drug smuggling and also treatment of high-profile convicts as VIPs, is not the first officer to highlight such issues. There have been incidents even earlier reported by her predecessors, but no action was taken on the ground.

THE VIPs OF BENGALURU PRISON

There are several examples of violations and here are some of them.

1. Allegations have been made by DIG Roopa that AIADMK General Secretary Sasikala had paid a bribe to the tune of Rs 2 crore to jail officials to provide her with a special kitchen to cook her food and provide her special help.

2. The stamp paper kingpin in Abdul Telgi was again allegedly found by DIG Roopa enjoying VIP treatment, including a 51-inch television set, a masseur to help with his treatment and a huge can of distilled water. Video evidence of the cell also has been leaked to the media showing the lavish lifestyle of Telgi within jail.

3. Former Minister and mining baron Gali Janardhan Reddy, who was housed at the Parapanna Agrahara Prison as an undertrial, also enjoyed special treatment. He was served home-cooked food and has undertrials to help him around.

TREATMENT TO COMMON PRISONERS

Now comes the turn of how common prisoners are treated:

1. Their most basic needs such as proper food and toilet facilities are not up to the mark.

2. The inmates don't even get proper healthcare and many of them suffer from contagious diseases such as tuberculosis that demand extra care.

3. For a long time, Parapanna Agrahara jail did not even have a lady medical officer to attend to female convicts. It was after a CAG report brought up this issue that a woman medical officer was appointed.

4. In 2014, the Bengaluru Central Jail brought up some horrific evidence in the form of letters. A magistrate, who was on a routine round at the prison, found two handwritten letters in the prison grievance box that brought out graphic details of human rights violations. The letters tell the story of how some of the jail wardens forced women inmates to have sex with the male convicts for a sum of money. After a thorough probe by the women's commission, it was found that the letters signed by several women inmates were true and this led to many suspensions and transfers.

5. There have been several allegations that prison officials took bribes from visitors who would come to visit their relatives in jail. The prison department tried to curb such arts by installing additional cameras but sources say that the practice still continues.

WHAT DOES THE PRISON MANUAL SAY?

According to the Prisons Act of the Indian Constitution, no prison officer should derive any benefits from selling any article to the prisoner or by allowing use of the same.

The Act also considers a prisoner's receiving, possessing or transferring any prohibited article, including cell phones - which are found very often with convicts in jail - a punishable offence.

The Model Prison Manual of 2003 focuses on ensuring that the "basic minimum needs" of prisoners are "compatible to the dignity of human life." But by that, it does not mean that political bigwigs or influential people have the right to VIP treatment when they are supposed to be serving sentence.

The Bengaluru Parapanna Agrahara jail has housed some very prominent VIPs such as former Tamil Nadu Chief Minister J Jayalalithaa, former Karnataka CM and present state BJP president BS Yeddyurappa as well as former ministers in the Karnataka government such as Gali Janardhan Reddy, SN Krishnaiah Setty and Katta Subramanya. 


In jail, it's durbar for convict Jagir Kaur

UPDATED: JULY 21, 2016 

 

Hardly a few hours after her conviction and arrest on Friday evening, the former Punjab Cabinet Minister, Jagir Kaur, continued to wield political influence even as a prisoner of law.

Video footage from the Patiala and Kapurthala jails clearly shows that Ms. Kaur — who was convicted of criminal conspiracy and other charges in the case of the mysterious death of her 19-year-old daughter, Harpreet Kaur, in April 2000 and sent to jail — was availing herself of VIP treatment. A CBI special court in Patiala had sentenced her to five years' rigorous imprisonment on counts of forcible abortion, wrongful confinement, abduction and criminal conspiracy. But she was absolved of the charge of murder. Three others were also convicted. Forced to quit as Minister for Rural Water Supply and Sanitation and Defence Services after her arrest, Ms. Kaur was accompanied out of the packed courtroom by police officials.

“It appeared that the police officials were escorting and guarding her from the crowd and media rather than taking her away as a convicted criminal,” a lawyer in Patiala courts told IANS.

She was led into a waiting air-conditioned grey colour Toyota Innova luxury vehicle to be taken to the Patiala Central Jail.

Within hours of her being sent there, her request to be transferred to the Kapurthala central jail, nearly 200 km away, was “promptly” acceded to. Ms. Kaur, who is head of a cash-rich “dera” (sect) at Begowal village, belongs to the district.

Late Friday night, she was driven under police escort, which looked more like a ministerial convoy, in a white colour private air-conditioned Toyota Innova luxury vehicle. In the car, she was accompanied by only one woman police official seated next to her. It was allowed to be driven straight inside the Kapurthala jail complex, where police officials in uniform and jail officials in plainclothes were waiting for her arrival.

To top it all, one official in plainclothes and a uniformed officer touched her feet as she alighted from the car in her trademark white salwar-kameez and a cotton dupatta over the head.

The former Congress legislator, Sukhpal Singh Khaira, whom Ms. Kaur recently defeated in the Assembly election from Bholath in Kapurthala, on Saturday demanded that the police officials who touched her feet be sacked and a probe conducted into the VIP treatment being extended to her. “Video footage shows jail officials, in uniform and civil clothes, shamelessly touching her feet. I understand that she has been extended the facility of a special durbar inside the jail where people can meet her. All this is happening on the directions of Chief Minister Parkash Singh Badal. There should be an inquiry and these officials should be sacked,” Mr. Khaira said here.

Raising questions over shifting Ms. Kaur to the Kapurthala jail, Mr. Khaira said the rules were being openly circumvented, at the behest of the Badal government, to give her VIP treatment. Justice could be done only if she was shifted to a jail outside Punjab and treated like any other convicted criminal.

Ms. Kaur, who is a powerful politician in Punjab and considered close to the Chief Minister, was inducted as Cabinet Minister on March 14. She was the only woman Minister in the Badal government. Being a former SGPC chief twice, the lone woman to head the Sikh body, she has a sizable hold over Sikh religious affairs.

Her daughter died under mysterious circumstances on April 20, 2000 and the body was cremated hastily by the family members. There was no post mortem. The Badal government was in power at that time as well.

Harpreet had angered her mother and other family members by secretly marrying Kamaljit Singh, a youth from Begowal who belonged to a lower caste.

 

5 Star  Jails  Hindalaga & Kalburgi Central Prison

http://newsable.asianetnews.tv/video/after-bengaluru-central-prison-several-secrets-unearthed-from-kalaburgi-central-prison  ,

http://www.dailymotion.com/video/x5txtvs  ,

 

Why NOT  Sanjay Dutt Prosecuted under  TADA

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

https://sites.google.com/site/sosevoiceforjustice/sanjay-dutt-judges---partners-of-mafia ,

https://sites.google.com/site/sosevoiceforjustice/judges-partners-of-mafia ,

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

 

Special treatment offered to VIPs in jail

By   Vaidehi

 

Power comes from money and power brings money so this vicious cycle makes a loop that never ends. When those in power are answerable to VIPs then how can the law be equal? This is how a pseudo democracy works. Let it be any prison across India or any arrested warlords of our country facilities offered to them in prison are not new. We see many Bollywood movies being made on such subjects. The Bengaluru prison senior officials admitted that both Sasikala and multi-crore stamp paper scam kingpin Abdul Karim Telgi were given special treatment inside the jail. This happens almost everywhere in the world. I suppose it is coming up for discussion in India now because in the last few years a lot of high profile people have ended up in jail. However a rich person can afford a good expensive lawyer and private investigators, even if we overlook for the moment the aspect of other pressure that the rich can bring to bear) whereas a poor person will have to go with some pro-bono lawyer or the office of public defenders are equivalent in India.

There is no doubt that the rich and powerful ‘manage’ the system  – be it food, parole, ‘illness’ or privileges inside prison. In some cases courts grant special benefits – home food for instance but most of the time it is because socio-economic hierarchies do not change just because someone is in prison. These hierarchies are based on power, of any sort, and that often endures. Whatever privileges the powerful may enjoy in prison, their life is nowhere close to how it is on the outside. Plus the fact that they are in prison serves as a strong reminder to others outside who may be tempted to go astray. VIP prison cells are meant to protect high profile convicts from unnecessary cases of extortion and blackmailing from other miscreant-inmates. Also, for the kind of lifestyle they had been living before conviction, this must feel nothing less than being in jail.

Today media is making noise about Sasikala due to their political masters, but if we see the past Sahara India Parivar chief Subrata Roy, currently in Tihar Jail, paid Rs 31 lakh for special privileges for 57 days. These included an air-conditioned room, western-style toilet, and mobile phone, Wi-Fi and video conferencing facilities. The bill to Roy’s company: Rs 54,400 a day. He was entitled to these facilities as a result of a Supreme Court order. Even otherwise, freedom can be bought in the prison by greasing palms. Inmates can easily have luxuries like alcohol, cigarettes, home-cooked food, mobile phones, air-conditioning and even television sets as long as they bribe the right people.

Stories of special privileges for powerful inmates of Tihar Jail first appeared when Congress leader Sanjay Gandhi was sentenced to 30 days in jail over the Maruti Udyog controversy in 1978. In recent years, the Delhi prison has had many famous residents, including former Indian Olympic Association president Suresh Kalmadi, Dravida Munnetra Kazhagam’s Kanimozhi and A Raja, former Samajwadi Party leader Amar Singh and former Indian cricketer S Sreesanth. Recurring tales of VIPs obtaining concessions from jail authorities have followed.

Amar Singh, cited a chronic kidney problem and urinary tract infection to avoid the usual hardships of undergoing imprisonment. Instead of sharing space with regular inmates in the barracks, he got a separate ward. He was allowed home food, mineral water and a western-style toilet. Two cellmates, cleaned his ward four to five times a day with sanitizer and sprayed insecticide to keep mosquitos at bay.

Suresh Kalmadi, Kanimozi and Raja enjoyed various comforts in Tihar. They were given mineral water; the quality of food was better since most of it was delivered from five-star hotels. They were assigned domestic help and had television in their cells with 28 channels. Special kitchen is functioning in the jail for Sasikala, where she has been lodged since February 15 to serve her sentence. She gets special food daily, cooked by special chefs in a special kitchen near the women’s cell. In the same jail special treatment was extended to Abdul Karim Telgi, convicted in fake stamp paper scam. Three to -four convicted prisoners have been allotted to Abdul Telgi for body massage. The fake stamp paper, that he along with his agents used to produce, were allegedly sold to banks, insurance companies and brokerage firms.

We always read about Bihar and UP jails where politician like Shahabuddin and Lalu Prasad Yadav were imprisoned; they used to run their network from jail. Person with filthy money can manipulate everything to anything, in this country. Everything is for sale even the judiciary, administration and politics. Whether its Congress or BJP’s rule, the dirty policemen are the same kind of breed. Telgi like people are just the stink of the corruption. The real perpetrators of the crime are enjoying their freedom and luxuries. Even after so many years the media did not dare to go into the case and find the truth. Moreover, Karnataka is the last major state ruled by Congress. And this is of patronage, money and psuedo-secularism culture is therefore, not surprising. This is not the first time that Sasikala or Telgi has been offered special facilities. There are many such examples of high profile personalities having managed to get what they want.

Nothing will change for long run, they come, they remain and they go from news and next day someone else grabs headlines, this saga will continue, because money does it all.

 

Republic of jails: It’s a wild, wild world inside

TNN | Jan 23, 2015, 10.08 PM IST

 

A few months before the gang war that erupted inside Mathura jail on Saturday killing two prisoners, a similar shoot-out inside Roorkee jail that claimed three lives, had the entire police machinery abuzz.

During the course of investigations, police officials discovered, much to their amazement, the 'virtual den' of Sunil Rathi, one of the prisoners. Rathi, a notorious criminal of the area, was found not just using a number of mobile phones to keep in touch with his gang, he also enjoyed the latest movies and had had the jail toilet built to his specifications. What's more, he was regularly posting pictures of himself in various poses, including pumping iron at the jail gym, on his Facebook account!

The revelations point to an unimaginable, deeply shocking and sometimes ridiculous world inside jails in most parts of UP and Uttarakhand. Here, underworld goons openly carry arms, shooting each other with impunity. Here, prisoners, packed like sardines, sleep in shifts. Anything can be bought for a price - whether it is a mobile phone, an internet connection, or food from a dhaba or restaurant of choice. Here, only two things seem to matter — muscle, and money power.

READ ALSO: 
Inmates say murder accused gets VIP treatment in Mathura jail

So what ails jails? The root cause of the problem, say jail authorities, is massive overcrowding, and accompanying staff shortage. That may be true — numbers point to a severe space crunch. Moradabad jail for instance squeezes in 2800 inmates in space meant for 511;Dehradun jail has 1066 against a sanctioned strength of 580, while Agra central jail houses 2175 inmates in a capacity meant for 1050.

All of this usually translates into the rule of the jungle - survival of the fittest. "Because space is limited, inmates in Agra jail often have to sleep in turns," says Vikram Shukla, founder of Human Upliftment Movement (HUM), an NGO working with prisoners. "The poorer ones are the last ones to sleep while the rich and powerful avail the facility for the maximum time," he adds.


Fights often erupt inside usually for small and petty reasons, says a former prisoner. In Moradabad for instance, a jail notorious for various violent incidents, a fight had broken out in March last year, injuring many, when rival gangs fought inside the jail kitchen. "Often, inmates are found using sharpened spoons, which are called 'kattaney' in jail lingo as weapons during such fights," says a prison official.

 

Inadequate staff adds to the indiscipline already rampant inside. Uttarakhand has vacancies for 284 jail warders and is presently making do with a skeletal staff of 180 warders who are supplemented by 172 homeguards and ex-servicemen. In Agra central jail, only 107 jail guards are on duty while the number should be 211.Shockingly, just two deputy jailors man the entire Agra central prison while the requirement is for 12.

 


But there's more to the issue than just filling up numbers. Sources say that the rot runs deeper and much of what is wrong inside happens because of collusion of some jail staff with prisoners. How else does one explain mobiles being smuggled inside? In Bareilly for instance, which has two jails that house over 2000 prisoners, including underworld don Babloo Srivastava, the going rate for a phone call, according to the relative of a prisoner, is Rs 500 for a 10-minute conversation.



Then there is the mental trauma associated with prison life. Last week, a prisoner in Haridwar jail took his own life, the second such instance in Doon's prisons within ten days. Prison watchers say that's not surprising. " The depression of being away from families, the guilt of crime, poor surroundings, bad food and torture by others can make anyone fall sick," says Shukla. "This is the reason why many inmates attempt suicide. Or they turn violent adding to the jail's already existing troubles."

 

Gangsters luxuriate in Bihar jail

By  Imran Khan

 

Gangsters lodged in a jail in Bihar were found to be enjoying a lavish lifestyle, with mobile phones, liquor, air-conditioners in cells that had floor tiles found in rich homes. A gangster was even allowed to build a temple inside Sitamarhi jail.

This was revealed in a joint report by the Sitamarhi district magistrate and superintendent of police after a violent clash between policemen and prisoners, mainly supporters of two gangsters - Santosh Kumar Jha and Madhav Choudhary - inside the jail earlier this month.

Bihar Inspector General (Prisons) Prem Singh Meena said Jha and Choudhary were found to be involved in illegal activities inside the jail.

An official told IANS on condition of anonymity that the report said it was called a prison "but there is nothing to suggest that it is a prison".

According to the report, the prisoners loyal to Jha and Choudhary used mobile phones inside the jail, and liquor and other banned items were also made available.

Choudhary managed to get a generator installed in the jail, provided ceiling fans in every ward and got his ward paved with tiles.

Both Jha and Choudhary installed air-conditioners in their ward during summer.

What surprised prison department officials was that Choudhary was busy constructing a temple inside the jail.

"Masons, labourers, and construction material like cement, tiles, sand and bricks had unchecked entry into the jail," an official said, referring to the report.

"We were shocked to learn about unlawful activities by Jha and Choudhary inside the jail in connivance with Sitamarhi jail officials," Inspector General Meena said.

Meena told IANS the department will take administrative action soon.

Three officials, including the deputy and assistant superintendents of Sitamarhi jail, were suspended on charges of negligence of duty and jail superintendent Avinash Kumar was transferred.

When Meena ordered the shifting of Jha and Choudhary from Sitamarhi jail, their supporters clashed with officials and pelted stones at them Aug 10.

The Sitamarhi jail is not an isolated case.

Prison department officials said the use of mobile phones was common in Beur jail in Patna, and in central jails in Gaya, Bhagalpur and Muzaffarpur.

"Access to liquor, mineral water, cell phones and pornography is possible if an inmate bribes jail officials and policemen," a prison official said.

In the past, raids in jails have led to the seizure of television sets, mobile phones, imported liquor and cigarettes.

Criminals-turned-politicians like Pappu Yadav, Anand Mohan and Mohammad Shahabuddin hit the headlines for holding durbars (courts) inside jails.

A few years ago, then Bihar director general of police Anand Shankar had directed policemen to stop providing mineral water to inmates and stop befriending them.

 

 Editorial :  Corrupt Judges &  5  Star  Jails

-          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.

In the same way ,  it is the duty of the presiding  judge who  convicted or remanded  a person to jail , to ensure whether the person is getting RIGHT PUNISHMENT  as per law  whether less or more  in jail and to ensure right punishment for him. 

Rich & mighty criminals are getting lesser punishment than the “ Judgement “ , enjoying luxurious lifestyles within jails , whereas poor people are exposed to harsh punishment , 3rd degree torture within jail which  are not permitted by law / judgement. 

This can only happen with the connivance of  corrupt judges & police.   Why not legal prosecution of corrupt judges & police and putting judges , police behind bars ?  Are the JUDGES  &  POLICE  above  Law  ?

  

Presiding Judge  who convicted Sasikala &  Police  fully responsible  for 5 Star  Jail life of Sasikala & Ilavarasi  Watch :

https://www.youtube.com/watch?v=zS3JvO8ys-g  ,

https://www.youtube.com/watch?v=y2Nsi_dBUl0 ,

https://www.youtube.com/watch?v=_0pUTMYwyFA ,

https://www.youtube.com/watch?v=vveQcSvzUx8 ,

https://www.youtube.com/watch?v=n8ryW-ePAUU

 

Are  CJI &  Supreme Court Judges  sleeping or conniving ? Anyway SCI Judges  get lakhs of rupees salary , 5 star bungalow , car , etc  even if does duty  properly  or improperly.

 

Sasikala paid Rs 2 crore bribe to Bengaluru jail officials for exclusive kitchen, other favours: Prison report


In an explosive report to state government, IG prison D Roopa said Sasikala paid Rs 2 crore bribe to top officials of Bengaluru jail to have a special kitchen and other favours.


VK Sasikala


VK Sasikala, the AIADMK chief, is getting special treatment in Bengaluru's Parappana Agrahara Central jail where she has been lodged after being convicted by the Supreme Court in a disproportionate assets case in February.

In her report DIG prison D Roopa has said that Sasikala and her associates were getting special treatment inside the jail. The AIADMK boss has even managed to get herself a special kitchen in complete violation of jail rules.

FROM INDIA TODAY MAGAZINE: The enigma of Sasikala

The explosive report further claims that Sasikala paid Rs 2 crore to jail officials to get special facilities. It also said that Karnataka Director General of Prisons (DGP) Satyanarayana Rao was one of the top officials who were paid money.

"Sasikala has given Rs 1 crore bribe to Rao and another Rs 1 crore was distributed among officials, including warden of the central jail where she is serving 4-year sentence in an illegal wealth case for allowing her special privileges," the report which the DIG has submitted to the state government said.
















"As a reward for bribing the prison authorities from Rao to jail warden, Sasikala gets special menu daily, cooked by special chefs in a special kitchen near the women's cell," Roopa is said to have mentioned in the report.

Co-convicts Sasikala's sister-in-law Elavarasi and nephew VK Sudhakaran were also held guilty by a trial court in September 2014 and upheld by the Supreme Court on February 14 in the two-decade-old disproportionate assets case of former Tamil Nadu Chief Minister J Jayalalithaa. 


32 Convicts Allegedly Tortured At Bengaluru Jail In Sasikala Controversy

 

The complaint was lodged on Monday by BJP MP Shobha Karandlaje, the family members of these prisoners were not being allowed to meet them.

 

The National Human Rights Commission (NHRC) has issued notices to two top Karnataka prison officials taking cognisance of a complaint about alleged torture and transfer of 32 convicts serving terms in the Central Prison.

An NHRC release said the complaint alleged the prisoners were beaten black-and-blue and shifted overnight (on July 16) in an injured condition to various other prisons at Mysore, Ballari, Belagavi and Davanagere.

According to the complaint, lodged on Monday by BJP MP Shobha Karandlaje, the family members of these prisoners were not being allowed to meet them.

The complaint was filed a day after the prisoners, in a sudden move, were shifted at around 1 am to jails in Ballari and Belagavi for allegedly trying to voice their grievances.

The commission observed that the allegations of physical torture of the prisoners and their overnight transfer to other jails in an injured condition, if true, raised a serious issue of violation of their right to life and dignity.

It issued notices to Karnataka Director General of Police (DGP) and Inspector General (IG), Prisons, asking them to file within four weeks a detailed report on the allegations, along with a note on the current location and health condition of the "injured and shifted" prisoners.


"It need not be restated that a prisoner is not a slave of the State and is not denude of his fundamental rights while in judicial custody," the release said.

Allegedly, the prisoners were meted out this "inhuman" treatment because of their bid to stage a dharna inside the jail premises as they were not allowed to speak to (then) DIG (Prisons) D Roopa, who had visited the jail, it added.

DIG Roopa had recently flagged certain "grave irregularities" inside the Central Jail, including providing a sophisticated kitchen to one of the prisoners, (AIADMK Amma chief) V Sasikala, and VIP treatment to another prisoner, Abdul Karim Lala Telgi, the release said.

The issue of alleged preferential treatment to Sasikala, serving a four-year term in a disproportionate assets case, came to the fore after Roopa submitted a report to her superior, DGP (Prisons) H N Sathyanarayana Rao.

Both DIG Roopa and DGP Rao were transferred after they sparred over the report in public.

The government has also ordered a probe by a retired official into the allegations.

The release said that according to the complaint, the 32 prisoners were allegedly shifted in a hasty manner in order to avoid any disclosure to the inquiry officer.

 

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 NavbharatPatrika and Dainik Chhattisgarh, reporting on human rights violations in Bastar. Yadav often introduced the family members of those arrested by state police forces to the Jagdalpur Legal Aid Group, a lawyers’ collective that offered free legal services to victims of police excesses. Journalists and activists across the country protested following Yadav’s arrest.

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

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

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

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

 

Prosecute  Sanjay  Dutt  under  TADA 

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

Revoke Bail of Salman Khan

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

 

Aeroplane Rides for Corrupt Police Corrupt Judges

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

 

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.

 

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 3:03 PM
Sunday, 23 July 2017
Judicial Tyranny
Topic: human rights , media

Indian’s  Diary  –  e  News  Weekly

Spreading the light of humanity freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.30........29  / 07 / 2017

 

Notice  To  Chief  Justice  of  India

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

 

 

Supeme Court Judge in Illegal Land  Scam ?

 

3 -judge in-house inquiry panel stops proceedings, writes to CJI for guidance

A three-member committee of judges, constituted by the Supreme Court to conduct an in-house inquiry against two sitting judges of the Odisha High Court, has halted its proceedings after the name of a senior Supreme Court Justice cropped up during the course of the probe.

The panel, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar, has now written to the Chief Justice of India for guidance and directions.

DNA is aware of the identity of the SC judge but is withholding it in view of the sensitivity of the subject.

Sources told DNA that a series of representations were also made by the complainants in the case to the President and the Prime Minister, mentioning the involvement of the Supreme Court judge. These representations were also sent to the probe panel.

The panel, which comprises Uttarakhand High Court Chief Justice KM Joseph and Justice S Abdul Nazeer, who was earlier with the Karnataka High Court, is conducting an in-house inquiry against Justices Indrajit Mohanty and Sangam Kumar Sahoo for alleged misuse of power and position.

Once the name of the senior Supreme Court judge came up — for his closeness to the two judges who are under probe — the panel decided to write to the CJI.

The letter brings to the CJI's notice this particular development and also underlines the fact that the panel was constituted only to probe High Court judges and has no authority to probe an SC Justice.

When contacted by DNA, Chief Justice Vazifdar refused to comment on the issue. However, sources told DNA that ever since the senior Supreme Court judge's name came up, the proceedings of the in-house committee have come to a standstill.

Sometime back, the panel had asked the two judges to appear before it, if they wanted to do so, in person to defend themselves.

The allegations against Justice Indrajit Mohanty, the senior-most judge of the High Court after the Chief Justice, include furthering his business interests while being a judge.

In the case of Justice Sangam Kumar Sahoo, he is alleged to have spent much more than his entitlement in refurbishing his official residence.

The in-house inquiry panel had been set up by the previous Chief justice of India, TS Thakur, while acting on the complaints filed by two individuals, who had levelled serious allegations against the two judges. The complainants had also provided material to support their allegations.

If the two judges are indicted by the in-house inquiry panel, the CJI can recommend to the President to initiate the process for their impeachment -- the only way, other than voluntary resignation, judges of Supreme Court and High Courts can be removed from office under law.

The Supreme Court, at a full court meeting on December 15, 1999, had unanimously laid down the in-house procedure for taking suitable action against members of the superior judiciary, who indulge in acts of omission or commission and breach the principles laid down in the Restatement of Values of Judicial Life.?The last case in which the Chief Justice of India had recommended impeachment of a sitting judge for proved misbehaviour or incapacity was Justice Soumitra Sen of the Calcutta High Court, who became the first judge in Independent India to be impeached by the Rajya Sabha. He resigned before the Lok Sabha could vote on the motion.

A ‘SENSITIVE’ INVESTIGATION

·         The panel is conducting an in-house inquiry against two Odisha HC judges for alleged misuse of power and position.

·         Once the name of the senior Supreme Court judge came up, the panel decided to write to the Chief Justice of India.

 

 

Promotion denied as I ordered CBI inquiry, says retired High Court judge 

 

A retired Orissa High Court judge, Justice BP Das, has alleged that his candidacy as chief justice of the Punjab & Haryana High Court may have been scuttled because he ordered the Central Bureau of Investigation to probe a controversial allotment of public land. 

The case pertains to plots of land allocated 37 years ago to about 300 people, including Justice Dipak Misra, who was an advocate at the time and is now in the Supreme Court. Some beneficiaries allegedly made false     declarations that they didn’t own any land so that they could get the plots. People close to Misra dismissed the allegations as baseless. 

Justice Das headed a bench that ordered the CBI in January 2012 to probe the land allotment. Das told ET he missed out becoming chief justice because he had ordered the probe by the CBI, which submitted its report in August 2013. 

"The link and presumption is not unfounded," Justice Das said by phone from Cuttack.  "In January, I ordered the CBI probe and three months later, in March 2012, my name came up for appointment as Chief Justice of Punjab & Haryana High Court. I had heard that my name was opposed by Justice Dipak Misra, but I don't have any record with me. Well, but for this, I would have retired as chief justice." 

Justice Misra's office did not respond to an emailed questionnaire from ET seeking comment on the matter. However, people close to Justice Misra said he has never   acquired land in a fraudulent manner or by misrepresenting facts. 

"The land was taken in 1979, when he was a young advocate, and he surrendered it in 1985, for which records can be verified. These are all baseless allegations," the people said. Justice Misra was one of the judges who ruled on Wednesday that all Indians have to stand and listen to the National Anthem before watching a movie in a theatre. He is in line to become the Chief Justice of India in 2017. 

 

Separately, an Odisha-based activist Jayanta Das complained against Justice Misra to the President of India in September, seeking action against him for acquiring public land by allegedly misrepresenting facts. The President's office declined to comment on the matter. 

ET is in possession of the complaint and related documents, which show that two acres of land in Cuttack were allotted to Misra on November 30, 1979. The allocation was cancelled by an additional district magistrate  in 1985, who ordered the land records to be corrected. 

The ADM of Cuttack passed the order in a suo moto revision case, saying the land was obtained through fraud and misrepresentation, Das said. The records were corrected 27 years later, after the high court intervened and asked the collector to submit a report. 

"The CBI report also said the land record was not corrected till 2012. Technically speaking, Justice Dipak Misra, among others, from 1979 to 2012,  were in possession of this land," Justice Das said. "There were about 300 allottees. This was a case of encroachment/illegal allotment to individuals, who misrepresented facts and claimed to be landless." 

Justice Das contended that Justice Misra had no locus standi to oppose his candidature as chief justice of the Punjab & Haryana High Court. 

"Dipak Misra had already moved to the Madhya Pradesh High Court when I became a judge, so he had no idea about  my performance as a judge. But he on his own wrote to the collegium opposing my appointment," Das said. "Plus, there was a conflict of interest – his name figured in the land allotment case being heard by me and he didn't declare his interest to the SC collegium." 

People close to Misra debunked this allegation as a disgruntled grouse. "These are someone's grievances because he could not be elevated. Why bring in collegium matters here? And something which happened long back?  You must find out which all people got plots out of discretionary quotas," they said. 

ET spoke to legal luminaries, including judges, who confirmed, on condition of anonymity, that Justice Misra had "serious reservations" about appointing Justice Das as chief justice of the Punjab & Haryana High Court. 

Further inquiries revealed that facts about the land allotment case may not have been brought to the notice of the SC collegium when Justice Misra was considered  for appointment to the nation's top court. Misra was appointed as a judge of the apex court in October 2011and is due to retire in 2018. 

"It may not have been brought to the notice of the collegium, but I don’t have any records," Justice Das said. 

"This is something very serious and was not brought to the notice of the collegium. There was no IB report also," said a legal luminary who asked not to be identified. "The SC collegium should take cognisance of this as per  in-house mechanism, since the complaint is also addressed to Chief Justice of India TS Thakur." 

"Justice Misra is known for his credibility and integrity," the people close to him said. "Do you think it is possible that the facts weren't brought to the notice of the collegium headed by CJI SH Kapadia, who was a very strict chief justice, known for his integrity? Do you think he wouldn't know about it?" 

 

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.

 

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Impeachment Motion: Five Main Allegations Against Justice CV Nagarjuna Reddy

December 9, 2016 8:45 pm

 

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

 

The following are the main allegations against the Judge

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

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

Charges of Dalit atrocity against spouse, daughter and brother

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

Disproportionate income

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

Non-Disclosure of Assets and Liabilities

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

Misconduct when he was an Advocate

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

 

DALIT Judge  dismissed for   being  HONEST ?

-       An  Appeal  to Honourable Chief Justice of India

 

       Chief Judicial Magistrate of Sukma District in Chhattisgarh state of India Mr. Prabhakar Gwal is a Dalit , from oppressed class. Being from an oppressed class  , he best  understood the sufferings  of oppressed sections of society , sufferings  of people  , tribals displaced from forests  to make way for  big industries , MNCs. He understood the  oppression of  common public by police , state  machinery  resulting  in common man’s  human rights , constitutional rights violations. He  understood  the machinations of state machinery  to favor big industrialists , also he understood the misuse of office by  public servants  all against the rule of LAW.

       Sukma CJM  Mr. Gwal  sincerely did his  constitutional duty , to uphold rule of law and earned the wrath of powers that be , Criminal Nexus , he was repeatedly interfered in his judicial  duties , repeatedly transferred and now unjustly dismissed from service without  ANY ENQUIRY  giving a chance for Mr.Gwal to make out his case. Whereas  some other  selfish  judges turned their blind eyes  to the sufferings of public ,  violations of law by public servants , intentionally failed to uphold  the law  and got smooth sailing for their  own  career.

       Hereby , We  urge  the Honourable Chief Justice of India  to  order  the Chhattisgarh  State  Government :

1.    To immediately reinstate Mr.Gwal into judicial service.

2.    To make posting at the same place , same court of Sukma , so that he can  complete the cases concerning the  powers that be to the logical end.

3.    To initiate  criminal legal prosecution  against  district collector , police officials , public servants  who directly & indirectly interfered  in the judicial duties performed by Mr. GWAL.

4.    To initiate criminal legal  prosecution against  Chhattisgarh  High Court Judges  who instead of upholding rule of law , supporting Mr. Gwal in his duties  took sides with criminal nexus , powers that be and repeatedly transferred him and now dismissed him from service without  enquiry.

5.    To reopen all the  buried cases which were dealt by Mr. Gwal and buried by transfer of  judge  Mr. Gwal. To take action against ministers , public servants  involved in those cases.

6.    To initiate  criminal action against  sukma district collector , police officials  and Chhattisgarh  High Court  Judges  on  charges of Atrocities against  DALIT  Mr. Gwal  who  was repeatedly  harassed  by  them.

7.    To initiate  criminal  prosecution under anti terror laws ,  against  present  and past  chattisgarh state government ministers , central government  ministers ,  police officials , public servants who  were and are  responsible for creation  of terror outfit SALWA JUDUM  , it’s recent  terror child salwa judum – 2. These public servants   have indulged in terror acts of salwa judum , by aiding & sponsoring it , which is against law.

Date : 30.04.2016…………………………..Your’s sincerely

Place : Mysuru………………………………Nagaraja.M.R.

 

 

 

 Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case

by Dr P S Sahni 

 

A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.

One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?

From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!

It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.

Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.

Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.

Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.

Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.

 

Editorial :  Are all Judges Honest ? Satya Harishchandra ?

 

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

 

Judges  SEX  crimes

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

 

A – Z   of   Manipulation  of  Indian  Legal  System

 

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

 

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

 

 

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

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

 

Eight chief justices were corrupt: Ex-law minister

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

 

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

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

 

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

 

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

 

Traitors  in  Judiciary &  Police

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

 

Crimes  by  Khaki

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

 

FIRST  Answer  Judges  Police

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

 

 

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

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

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

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

   Hereby , we  demand Honourable Supreme Court of India :

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

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

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

 

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja Mysuru Raghupathi.

 

 

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

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Posted by naghrw at 5:05 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?