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

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

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Sunday, 17 September 2017

Interrogate CJI & DGPs

Indian’s Diary – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.37........16 / 09 / 2017

Legal Notice to Honourable Chief Justice of India

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are Judges , Police PERFECT ? Satya Harishchandra ?

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

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

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

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

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

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

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

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

Please refer my appeal for justice through DARPG ;

DLGLA/E/2013/00292

DEPOJ/E/2013/00679

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

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

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

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

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

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

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

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

14. You are responsible for denying me legal aid.

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

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

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

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

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

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

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

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

Thanking you. Jai Hind , Vande Mataram.

Send reply to :

Nagaraja Mysuru Raghupathi

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

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 07.09.2017……………..your’s sincerely,
Place : Mysore , India ……….Nagaraja Mysuru Raghupathi

Notice to Chief Justice of India

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

Editorial : Cross Examination of Judges & Police

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

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

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

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

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

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

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

Jai Hind. Vande Mataram.

Your’s ,

Nagaraja Mysuru Raghupathi.

Traitors in Judiciary & Police

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

Crimes by Khaki

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

FIRST Answer Judges Police

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

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

- Mahatma Gandhi

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

To ,

RTI Appellate Authority ,

O/O Chief Justice of India ,

Supreme Court of India ,

New Delhi.

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

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

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

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

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

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

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

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

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

Atrocities on Women by JUDGES

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

A – Z of Manipulation of Indian Legal System

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

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

Justice Sathasivam - Are you DEAF DUMB & BLIND

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

Rajiv Gandhi Assassination Cover-up

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

SHAME SHAME MPs & MLAs

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

JUDGEs or Brokers of Justice

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

RTI & Land Golmaal

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

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

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

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

Please give following information :

Main A :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Main B :

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

2. what action taken casewise ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE INFORMATION :

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

FEES PAID : IPO 16G 733465 for rupees TWENTY only

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

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

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

To ,

RTI Appellate Authority ,

O/O Chief Justice of India ,

Supreme Court of India ,

New Delhi.

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

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

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

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

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

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA PIN – 570017.

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

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

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

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

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

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

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

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

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

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

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

Atrocities on Women by JUDGES

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

A – Z of Manipulation of Indian Legal System

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

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

Justice Sathasivam - Are you DEAF DUMB & BLIND

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

Rajiv Gandhi Assassination Cover-up

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

SHAME SHAME MPs & MLAs

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

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

Main A :

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Main B :

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

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

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

Main C :

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

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

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

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

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

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

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

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

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

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

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

Main D :

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

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

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

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

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

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

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

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

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

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

HONOR OF INDIAN PALIAMENT FOR SALE

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

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

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

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

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

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

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

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

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

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

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

Main E :

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

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

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

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

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

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

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

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

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

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PUBLIC INFORMATION OFFICER WHO FAILED TO GIVE FULL INFORMATION:

CPIO , SUPREME COURT OF INDIA , NEW DELHI.

FEES PAID : IPO 16G 733465 for rupees TWENTY only

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

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

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Friday, 8 September 2017

Notice to Chief Justice

Indian’s Diary – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.36........09 / 09 / 2017

Editorial : Murder of JUSTICE

Legal Notice to Honourable Chief Justice of India

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are Judges , Police PERFECT ? Satya Harishchandra ?

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

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

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

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

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

14. You are responsible for denying me legal aid.

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

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

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

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

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

Thanking you. Jai Hind , Vande Mataram.

Send reply to :

Nagaraja Mysuru Raghupathi

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

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

Date : 07.09.2017……………..your’s sincerely,
Place : Mysore , India ……….Nagaraja Mysuru Raghupathi

Notice to Chief Justice of India

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

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Thursday, 24 August 2017

Eligibility for CJI

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

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.

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 .

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

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 ,

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

Cell : 91 8970318202

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

Secure Mail : Naag@torbox3uiot6wchz.onion ,

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Tuesday, 22 August 2017

Mishra Threatens Petitioner

Indian’s Diary – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.34........26 / 08 / 2017

Editorial : Mishra Threatens Petitioner

- Accountability of Judges MUST

- Remainder to Honourable CJI & Justice Mishra

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

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

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.

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.

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

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.

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

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

New Professional / Trade Title : Indian’s Diary

Periodicity : WEEKLY

Circulation : FOR FREE DISTRIBUTION ON WEB

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

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

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

Nationality : INDIAN

Body Donation : Physical Body of Nagaraja M R , Editor , Indian’s Diary is donated to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be handed over to JSS Medical College , Mysore for the study purposes of medical students.

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

Old Home page :

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

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

UID Aadhaar No : 5703 5339 3479
Cell : 91 8970318202

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

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

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

Traitors in Indian Judiciary & Police

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

Crimes by Khaki

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

FIRST Answer Judges Police

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

Notice To Chief Justice of India

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

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

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

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

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

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

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

date : 22.08.2017…………………………..Your’s sincerely,

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

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

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

Cell : 91 8970318202

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Posted by naghrw at 2:49 AM EDT

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

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Tuesday, 15 August 2017

Dipak Mishra UNFIT Judge

Indian’s Diary – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.33........19 / 08 / 2017

Editorial : Dipak Mishra Unfit Judge? Don't elevate him as CJI

- An Appeal to H.E.Honourable President of India

Justice Dipak Mishra has a criminal past of fraud , cheating the authorities to get land allotment. He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

He and present CJI Khehar have helped the union government in their unjust illegal actions like unjust imposition of president rule and change of chief miniser in few states, cover up of Corporate scams like Birla - Sahara , lake , forest , revenue land encroachments by powerful , etc. In turn as a payout Union government has made them Chief Justice of India and helped the judges in cover up of their own crimes. Quid Pro Quo.

CJI Khehar & Dipak Mishra have effectively stalled proper investigations into crimes committed by them. They have even stalled the legal prosecution. Allthrough Union Government and respective state governments have helped them inspite of clinching evidences against two judges.

Nowadays judges who don't dance to the tune of corrupt higher judges , corrupt ministers , don't get promotions. Even may loose their jobs or land up in jail for upholding justice.

If Dipak Mishra is made CJI , it will be roaring business for corrupt mafia. Innocents , commoners will be sent to jail , may even be hanged while the rich criminals roams free.

Since 20 years we are appealing to Chief Justice of India concerning public issues , seeking justice from him. Till date no action instead more injustices meted out to silence me after appealing to supreme court and authorities. This itself proves the criminal nexus of judges , police and public sevants.

Hereby , I appeal to you , to legally prosecute CJI Khehar, shadow CJI Dipak Mishra and Ex President of India Pranab Mukherjee for their crimes. If CJI cann’t give justice , let him give an affidavit in writing stating that “ Inspite of receiving lakhs of rupees salary , perks from public exchequer for decades we are unfit for public service , we only serve , rich & mighty “.

Afterwards , kill me sufferer of Injustices with your due permission for mercy killing. In such a scenario , I wish to get killed by gun shots fired by Indian Army Soldiers. Our soldiers are the true guardians of our motherland NOT the Judges or Police or Politicians.

Thanking you ,

Nagaraja Mysuru Raghupathi

Notice To Chief Justice of India

PIL – JAIL Dipak Mishra Unfit Judge & Others

An Appeal to Honourable Supreme Court of India & H.E. Honourable President of India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor , Indian’s Diary & Dalit’s Diary ,

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

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

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

To ,

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

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

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

In his death note Former Arunachal Pradesh Chief Minister Mr.Kalikho Pul has clearly alleged involvement of CJI Khehar , Dipak Mishra , President Mukherjee & others in the crime.

Justice Dipak Mishra has a criminal past of fraud , cheating the authorities to get land allotment. . He is unfit even to be a munsiff judge let alone CJI. He has managed the crime cover up well.

He and present CJI Khehar have helped the union government in their unjust illegal actions like unjust imposition of president rule and change of chief miniser in few states, cover up of Corporate scams like Birla - Sahara , lake , forest , rvenue land encroachments by powerful , etc. In turn as a payout Union government has made them Chief Justice of India and helped the judges in cover up of their own crimes. Quid Pro Quo.

CJI Khehar & Dipak Mishra have effectively stalled proper investigations into crimes committed by them. They have even stalled the legal prosecution. Althrough Union Governmant and respective state governments have helped them inspite of clinching evidences against two judges.

Nowadays judges who don't dance to the tune of corrupt higher judges , corrupt ministers , don't get promotions. Even may loose their jobs or land up in jail for upholding justice.

If Dipak Mishra is made CJI , it will be roaring business for corrupt mafia. Innocents , commoners will be sent to jail , may even be hanged while the rich criminals roams free.

2. Question(s) of Law:

As per constitution of India , are not all citizens of india equal before law ? Why no action against JS Khehar , Dipak Mishra & Pranab Mukherjee ? Are they special ? WHERE IS THE BRAVERY , COURAGE OF POLICE ? Before big crooks CBI , Police are zeroes.

3. Grounds:

Requests for equitable justice. Prosecution of corrupt Judges , CJI J S Khehar , Supreme Court Judge Dipak Mishra , Former President Mukherjee & Corrupt Public Servants.

4. Averment:

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

b. To register FIR against Chief Justice of India JS Khehar, Supreme Court Judge Dipak Mishra , Former President of India Mukherjee & others and arrest them for legal prosecution with respect to Orissa Land allotment scam , Arunachal Pradesh Chief minister change over , death of CM Kalikho Pul, Cover up of Birla Sahara Scam , Reliance Oil Basin Scam , Lake & Land Encroachments in bangalore , Karnataka., etc.

c. To constitute an impartial investigation team to investigate the crimes. The team must be accountable to the public.

d. Till investigation is over , hold the promotion of Dipak Mishra to the post of Chief Justice of India.

e . 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 12th August 2017 …………………. FILED BY: NAGARAJA.M.R.

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

Cloud over Dipak Misra as Chief Justice: ICJ claims he is tainted

A cloud hangs over the appointment of the next Chief Justice of India. Though incumbent CJI JS Khehar recommended the name of Supreme Court Justice Dipak Misra as his successor on 25 July, there is a roadblock that must first be passed before such an appointment is made.

The obstacle in Misra's path is the International Council of Jurists (ICJ), which has sought a probe against alleged irregularities during his career. ICJ also plans to approach the Centre to oppose his appointment.

ICJ had submitted a petition urging Justice Khehar to appoint an in-house committee consisting of Supreme Court judges to look into allegations of Justice Misra’s alleged involvement in a land scam in Odisha while he was an advocate.

THE SCAM

The alleged land scam involved the illegal transfer of large tracts of government land in Bidanasi and other areas of Cuttack in favour of private persons. According to ICJ president Adish C Aggarwala, Misra got the land allotted in 1979 when he was an advocate.

ICJ, in its petition, has referred to a CBI report before the Odisha High Court in which it had indicted him for “fraudulently” acquiring a plot of land in Cuttack.

“Misra was among 300 people who were allotted the public land in Cuttack. Many of the beneficiaries including Misra, who was then an advocate, made false declarations that they didn't own any land so that they could get the plots,” Aggarwala told Catch.

Despite an order by the Orissa High Court, he says, Misra continued to wrongly possess the land. Misra, who became a Supreme Court Judge in 2011, gave up possession only in 2013 after the CBI indicted him.

“Following a petition, the High Court in 2011 ordered the Cuttack revenue department to conduct an enquiry into the allegations. The probe found the allegations to be true and revenue officials were ordered by the court to take back the possession of land allotted to Mishra and many other influential people," Aggarwala says.

“By that time Mishra had become a SC judge so, the revenue authorities did not take back the possession. Subsequently, the High Court ordered the CBI to probe the matter. The CBI, in its report to the court, indicted Misra of fraudulently obtaining the land. It said that Misra had given a false declaration of being landless and showed lower income in order to be entitled to be a beneficiary of the land meant only for the poor," he added.

“When Misra learnt about the CBI report, he quickly gave up the possession of the land to save himself,” says Aggarwala.

STRONG OPPOSITION

The ICJ, comprising jurists from across the globe, is in the process of petitioning the Modi government against Misra being appointed the CJI.

“It appears that CJI did not consider our complaint and recommended his name. It is his duty to consider our complaint and appoint an in-house committee consisting of Judges of the Supreme Court to look into the allegations,” says Aggarwala.

“We will make a representation to the Government against Misra. A judge who has been accused of fraud and a CBI report is pending against him, cannot be made the CJI,” he said.

Earlier retired Orissa High Court judge, Justice BP Das, who had ordered the CBI probe in the land scam case, accused Misra of scuttling his candidacy as chief justice of the Punjab & Haryana High Court.

“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,” an Economic Times report from last year quoted Das as saying.

Currently the seniormost SC judge after Khehar, Misra served as the Chief Justice of Patna and Delhi High Courts before being elevated as a SC judge in October 2011.

QUESTIONABLE CALLS

The Justice Misra-led SC bench in 2016 mandated the playing of the national anthem before movies in cinema halls. The judgment attracted severe criticism from several quarters for imposing a notion of nationalism on people.

Earlier, while heading a Madhya Pradesh High Court bench, Justice Misra had banned the screening of Karan Johar's blockbuster Kabhi Khushi Kabhi Gham for commercially exploiting the national anthem.

Taking strong exception to the sequence in the film in which a boy sings one part of the anthem and his mother completes it, Justice Misra - writing the judgement - had then held that "the national anthem has been sung as if it is a song of advertisement for a commercial purpose" and banned the film's screening unless the scene was deleted.

He also led the apex court bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon's appeal to stop his execution.

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.

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?"

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

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

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

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

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

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

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

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

PIL – Prosecute Chief Justice of India & Former President of India

An Appeal to Honourable Supreme Court of India & H.E. Honourable President of India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor , Indian’s Diary & Dalit’s Diary ,

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

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

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

To ,

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

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

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

In his death note Former Arunachal Pradesh Chief Minister Mr.Kalikho Pul has clearly alleged involvement of CJI Khehar , President Mukherjee & others in the crime.

2. Question(s) of Law:

As per constitution of India , are not all citizens of india equal before law ?

3. Grounds:

Requests for equitable justice. Prosecution of corrupt Judges , CJI J S Khehar , Former President Mukherjee & Corrupt Public Servants.

4. Averment:

PRAYER:

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

b. To register FIR against Chief Justice of India JS Khehar , Former President of India Mukherjee & others and arrest them for legal prosecution.

c. To constitute an impartial investigation team to investigate the crimes. The team must be accountable to the public.

d . 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 : 05^th August 2017 …………………. FILED BY: NAGARAJA.M.R.

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

Former SC judge approached me on behalf of CJI: Dave

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

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

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

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

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

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

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

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

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

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

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

DECLARATION

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

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

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

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

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

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

Nationality : INDIAN

Old Home page :

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

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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 ,

FIRST Answer Judges Police

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

Notice To Chief Justice of India

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

date : 05.08.2017…………………………..Your’s sincerely,

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

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

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

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

And then something interesting happened.

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

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

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

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

Below are the edited excerpts of the conversation:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PS: And do you see that happening?

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

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

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

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

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

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

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

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

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

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

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

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

The Sahara smoking gun

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

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

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

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

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

Enter Chowdary the CVC

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

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

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

Knocking on the Supreme Court’s door

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

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

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

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

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

Kalikho Pul’s suicide note, the missing link

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

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

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

The questions that remain

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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 6^th and 7^th 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

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.

Give Justice , If Incapable Give Mercy Death

As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Read full case details at :

Mercy Death Plea to Honourable Chief Justice of India

http://e-voiceofhumanrightswatch.blogspot.in/2015/09/mercy-death-plea-to-honourable-cji.html ,

Sign petition at https://www.change.org/p/honourable-chief-justice-of-india-give-justice-if-incapable-give-mercy-death

Editorial : MERCY DEATH PLEA to Honourable Chief Justice of India

- JUDGES , POLICE & Brokers of Justice

Honourable sir ,

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

Jai Hind. Vande Mataram.

Your’s

Nagaraja Mysore Raghupathi

PIL – Mercy Death Plea to Honourable Chief Justice of India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

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

Versus

Honourable Chief Justice of India , Supreme Court of India & Others

....Respondents

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

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

MOST RESPECTFULLY SHOWETH :

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

2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.

2. Question(s) of Law:

Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.

3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.

4. Averment:

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

Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.

We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.

Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.

The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?

Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.

The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

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.

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 fuctionaries.

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

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

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

c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.

d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

i. To legally prosecute persons responsible for attempts on my life.

j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.

K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.

l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.

m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.

n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.

o. To admit all PILs filed by me in larger public interest.

p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.

q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.

r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.

s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .

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

u. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.

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

Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.

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

Legal Notice to Honourable Chief Justice of India

To,

Honourable Chief Justice of India,

SUPREME COURT OF INDIA,

New Delhi.

Honourable Sir ,

Subject : Legal Notice to Chief Justice of India

Are Judges , Police PERFECT ? Satya Harishchandra ?

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

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

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

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

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

14. You are responsible for denying me legal aid.

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

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

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

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

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

Thanking you. Jai Hind , Vande Mataram.

Send reply to :

Nagaraja Mysuru Raghupathi

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

LIG 2 , NO 761 , HUDCO First Stage,

Laxmikantanagar , Hebbal ,

Mysuru – 570017.

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

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Monday, 7 August 2017

Arrest Chief Justice

Indian’s Diary – e News Weekly

Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.13..Issue.32........12 / 08 / 2017

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

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

PIL – Prosecute Chief Justice of India & Former President of India

An Appeal to Honourable Supreme Court of India & H.E. Honourable President of India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2017

IN THE MATTER OF

NAGARAJA . M.R

editor , Indian’s Diary & Dalit’s Diary ,

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

Hebbal , Mysore – 570017 , Karnataka State

....Petitioner

Versus

Honourable Chief Justice of India & Others

....Respondents

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

To ,

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

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

Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

In his death note Former Arunachal Pradesh Chief Minister Mr.Kalikho Pul has clearly alleged involvement of CJI Khehar , President Mukherjee & others in the crime.

2. Question(s) of Law:

As per constitution of India , are not all citizens of india equal before law ?

3. Grounds:

Requests for equitable justice. Prosecution of corrupt Judges , CJI J S Khehar , Former President Mukherjee & Corrupt Public Servants.

4. Averment:

PRAYER:

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

b. To register FIR against Chief Justice of India JS Khehar , Former President of India Mukherjee & others and arrest them for legal prosecution.

c. To constitute an impartial investigation team to investigate the team. The team must be accountable to the public.

d . 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 : 05^th August 2017 …………………. FILED BY: NAGARAJA.M.R.

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

Former SC judge approached me on behalf of CJI: Dave

DECLARATION

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

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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 ,

FIRST Answer Judges Police

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

Notice To Chief Justice of India

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

date : 05.08.2017…………………………..Your’s sincerely,

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

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Posted by naghrw at 3:21 AM EDT

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

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Thursday, 27 July 2017

Judges Connive with VIP Prisoners

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 ?

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://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 3^rd degree torture is rampant in jails and in all such cases , respective presiding judges must be made to pay compensation from their pockets and judges must be charged for AIDING & ABETTING THE MURDER ATTEMPT on prisoner by jail / police authorities.

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

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

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

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

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

Prosecute Sanjay Dutt under TADA

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

Revoke Bail of Salman Khan

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

Aeroplane Rides for Corrupt Police Corrupt Judges

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

Traitors in Judiciary & Police

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

Crimes by Khaki

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

FIRST Answer Judges Police

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

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 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 2/3^rd 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

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 : 01^st 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: 滕兴善, ?–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: 王书金) admitted to the police that he had committed the murder.[10][11]

Qoγsiletu or Huugjilt (Mongolian:qoγsiletu, Chinese:呼格吉勒图, 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…”

Narrating her meeting with Roy, Choudhury writes:

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.

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.

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.

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

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?

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?

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

Don’t we have guidelines to prevent custodial torture?

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

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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