failures of indian legal system
Mood:
bright
Topic: HUMAN RIGHTS
S.O.S – e-Voice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R....... vol.5 . issue.32.........08/08/2009
Editorial :HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS… TO LAMP POSTS
- Another independence struggle in India needed ?
After 62 years of india's independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer's expense , while more then 50 million are starving to death.
The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it's tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.
Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn't get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy.
When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.
Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.
In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.
In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?
Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.
In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.
If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.
In our own experience, e-voice didn't get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public.
Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog's death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers & sisters on the occasion of 61st independence day celebrations, let us build a true democratic India , free of corrupt public servants. JAI HIND. VANDE MATARAM.
Your's sincerely,
Nagaraj.M.R.
CRIMES COMMITTED BY LAW COURTS IN INDIA
- An appeal to honourable supreme court of india
Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become factories turning out hardened criminals.
Say , a person was caught by police on suspicion of pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.
Taking the same example further, say the court finds the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.
As per law, no body not even the courts of law are legally empowered to punish anybody beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?
The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can'nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.
Say, a rich industrialist is accused of rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.
Considering the above examples it is quite clear the bail amount, fine amount are peanuts for the rich just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.
Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from health problems , many are dying due to lack of proper health care & food in the prisons.
Whereas , the rich & mighty prisoners , by payting bribe get non-veg , alchoholic drinks from outside restaurants daily. They even secure drugs . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.
The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty. For the purposes of evidences , filing of cases one needs various government records. The concerned officials don't provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit for the performance of duties by public servants. When a commoner don�t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?
Nowadays , numerous cases of irregularities , charges of corruption against judges are coming to light. However , in such cases judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?
In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before them. However , in all such cases , the lower court judges must be punished for giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction of cases goes in appeal to higher courts, as in majority of cases the poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.
In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge's chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public and the public cann't even ascertain the validity of tapes , whether it is edited , doctored .
One of the basic reasons for delayed justice & worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments and finally low amount of financial grants made by the government to judicial department / police department. The government states that it doesn't have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI , is one of either parties in 75% of cases before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.
The government has got money to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIP�s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.
We at HRW has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk.
Indian judiciary's contempt for accountability and scrutiny is a shame
The Delhi High Court on September 21, 2007 sentenced the editor, the resident editor, the publisher and the cartoonist of English daily Mid-Day guilty in a contempt of court case. The charge against the convicted journalists was that they published a report and a cartoon concerning the former Chief Justice of India, Mr. Y.K. Sabharwal. The report and the cartoon were published after Mr. Sabharwal retired from service.
The report, relying upon documentary evidence, alleged that the judge's two sons Mr. Chetan and Mr. Nitin had made material benefits out of their father's position in the Indian judiciary as a senior judge and also as the Chief Justice of the country. The report alleged that the judge's sons managed their business from their father's official residence at 6 Moti Lal Nehru Marg, New Delhi. The report further alleged that the Chetan and Nitin also availed huge loans from a nationalised bank in favour of their business concerns without providing adequate collateral security. There were also allegations that the judge's two sons were allotted prime land by the Uttar Pradesh state government with heavy price concessions, an act which was under investigation. The investigation was however stayed later by the Supreme Court.
The Supreme Court of India is known for using the constitutional mandate and authority to initiate actions of public interest. The court in the past has even taken note of newspaper reports to initiate suo motu actions against suspected breach of law and misuse of office by public servants. This earnestness and enthusiasm has not been thus far reflected in the Indian courts' approach against scrutinising the activities of the courts and its judges. On the contrary, the Indian courts have been very parochial in its approach in facing criticism.
Earlier this year, the Supreme Court of India had forced Mr. Vijay Shekhar, a journalist with a television news channel, who exposed the caucus of a corrupt magistrate, his court staff and some lawyers in Gujarat state in the "Warrants for Cash" scam to apologise to the court or to face a term in jail for contempt of court. The court staff and the lawyers were caught on camera negotiating and accepting bribe for the magistrate for issuing arrest warrants. In the episode which was telecast nationwide, the magistrate after accepting bribes, issued arrest warrants on false charges against the President of India and the Chief Justice of the Supreme Court.
The Supreme Court took up the matter and directed the Gujarat High Court to initiate an internal enquiry against the concerned judicial officer and his staff. The judge was however absolved by the Gujarat High Court without examining the complainants. Thereafter, the Supreme Court of India condemned the journalist who had carried out this operation and threatened to send him to jail for contempt unless he apologised.
The conviction and sentencing of journalists of Mid-Day for publishing information about the conduct of Mr. Sabharwal has brought to the fore the issue of judicial accountability. The Indian judiciary is one of the most powerful judiciaries of the world. The conduct of the judiciary has a direct impact upon the life of the ordinary people of the country. It is imperative in these circumstances that a state institution of such high powers must be transparent and accountable for its actions. The courts in India have however consistently avoided calls for accountability despite there being many instances of serious allegations of misconduct and misdemeanour. At one time Justice S. P. Bharucha, former Chief Justice of India, admitted that about 20 percent of the higher judiciary in India is corrupt. According to Justice Michael Saldahna of the Karnataka High Court it is 33 per cent. Despite there being such admissions, no enquiry has ever been initiated against any judge for past 15 years.
Under the Constitution of India, the only way to remove a judge from the High Court or the Supreme Court is by way of impeachment. This constitutional provision has failed miserably. Its ineffectiveness was clearly demonstrated in the case of Justice V. Ramaswami. At the same time, despite verbal homilies, the courts and judges have been the most reluctant to evolve even a self-monitoring mechanism for accountability. Such a situation has caused enormous arrogance and abuse of power.
This is reflected in the procedure adopted for appointment of judges in the higher judiciary as well. Even though the appointment is made by the President of India, the selection is made by the collegium of judges. The selection process is non-transparent and all attempts to make the process transparent have been resisted by the judiciary thus far.
Demanding judicial accountability has almost certainly caused initiation of contempt proceedings, thereby, stifling of free discussion on the issues plaguing the judiciary in India. Unwarranted use of contempt of court proceedings in fact diminishes the public perception about the judiciary's openness and transparency, of which the case against the Mid-Day publishing house is the latest.
There are judicial systems within Asia which are considered to be failed beyond the point of recovery. Of this, the most glaring example is the judiciary in Sri Lanka, which is now facing criticism on all counts including politicisation of the judiciary to meet the ends of a corrupt Chief Justice. The Chief Justice of Sri Lanka, an infamous figure in the country, is feared for abusing contempt of court proceedings against anyone who opposes his questionable actions.
The Supreme Court of Sri Lanka has now stooped down to a stage where public perception about the impartiality of the court and its competency to decide matters on merits is at an all time low. As a result the general public views the courts in Sri Lanka as a failed state apparatus which in fact adds to the decades long ethnic conflict in that country.
The term democracy implies the notion that the people are supreme. All state institutions, whether it be the judiciary, legislature or the executive are merely the servants of the people. The basic principle behind the contempt of court proceedings is that the use of this authority by the court must be only in circumstances where otherwise the functioning of the court is impossible or obstructed.
In India under the Contempt of Courts Act, 1971, the term 'contempt' is not defined. Therefore if any person makes adverse comments against the court or a judge, the power to punish for "scandalising the court…" is frequently invoked. This approach is considered obscure in most established jurisdictions.
The contempt of court action must not be an attempt to protect the dignity of the court, but to promote the administration of justice. The dignity of the court is promoted by the court being humble enough to face criticism, whereas promotion of justice is to be carried out by removing all hindrances in the delivery of justice. By the unrestrained use of contempt of court actions the courts in India are in fact derogating from their duty to safeguard the Constitution of the country, which also guarantees freedom of speech and expression in Article 19 (1).
The honour of the judge and the judiciary - a state institution through which a judge is supposed to serve the people - is promoted and protected by the openness of the judge and the judiciary to face any criticism. Intolerance to scrutiny and lack of openness equates the judge and the judiciary with a dictator.
At this pace the Indian judiciary once known for its eloquence and its contribution to the advancement of free thought and expression will soon be reduced to an egotistical institution. Such a judiciary is definitely not what modern India aspires for. India as of today requires a transparent, accountable and sensitive judiciary.
The imperatives for the judiciary in India are obvious. It has a duty to protect, promote and fulfil the Constitutional guarantees. The judiciary must be open and transparent with a clear conscience that it is not beyond criticism. For this, it must be accountable to the people, which it is bound to serve. The judiciary in India is the last hope of a fragmented society, which when fails to respect its responsibilities, will soon bring insurmountable peril to the country and its people.
Crimes Chief Justice of Supreme Court Of India , Union Home Secretary & Director-General of Police for Karnataka - RTI Act violations , constitutional rights & Human rights violations
The above stated public servants have failed to provide full information to us ie HRW as per RTI Act , thereby covering up the criminals. The requested informations were no state secrets , no defense secrets but the accountability of above stated public offices. The information was requested for public welfare , to secure equitable justice to public , to stop corrupt practices in public service , in exercise of my FUNDAMENTAL DUTY as a citizen of India. However the above stated public servants preferred to violate law themselves & to protect the criminals.
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 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 commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
FAILURE OF INDIAN LEGAL SYSTEM
SALUTES TO KARGIL MARTYRS , NSG COMMANDOS & MUMBAI POLICE
We express our deep condolences to the victims of 27/11/08 mumbai
terrorist attacks. We at e-voice salute our NSG Commondos & Mumbai
police for teaching the external enemies a befitting lesson and
protecting our motherland from the external enemies. We pay our whole
hearted respects to the martyrs , who laid down their lives , in the
course of protecting our people & country from the clutches of
terrorists.
At this juncture , we must also remember our kargil martyrs of Indian
military who sacrificed their lives protecting our motherland – INDIA
from enemies.
India equally faces greater threat from internal enemies – corrupt
public servants ( who are deadlier than pak terrorists). These corrupt
public servants sell everything , motherland , for money , for bribe.
Mumbai terrorists killed 200 people , where as a fake drugs
manufacturer kills thousands of people by selling fake drugs / fake
medicines. Drugs control department officials lets off many such such
fake drugs manufacturers , in turn killing thousands of innocents. The
number of end victims are huge than any terrorist attacks. This is
just one instance , in this way corrupt public servants of various
departments compromise with their official duties & murder scores of
innocents.
The corrupt public servants network , is oiled far better than italy's
mafia. Common man doesn't get justice , even if he complains to higher
officials , vigilance authorities or even court of law. As the bribe
booty reaches higher-ups & political bosses.. thus black money is
created.
The huge profits earned / black money created by criminal
industrialists / entrepreneurs , finds it's way to money laundering
heavens. Thus our economy is crippled , public exchequer deprived of
it's dues. The money thus laundered feeds terrorist outfits ,
underworld dons , in their criminal deeds.
Now , underworld / terrorist outfits are involved in huge real estate
business , film production / distribution , film piracy business ,
etc , to reap more illegal profits out of illegal money. This shakes
upside down our government's fiscal policies.
Corruption in india has taken root & ever growing , due to the failure
of indian legal system. Right from the stage of complaint registration
by police to trial of case & final judgement , everything is
susceptible to manipulation by rich criminals. The saving grace is
still a few honest judges , police are there , who are swimming
against the tide of corruption & doing their public duties honestly.
In the following articles involving actual cases , one can see the
failures of various stages of legal system – registering FIR ,
investigation of case , prosecution-defense nexus , final judgement ,
etc .
If a corrupt public servant is apprehended , it is equal to depriving
100 terrorists out of funds , putting 100 criminals out of action.
Will the common man raise to give a befitting lesson to corrupt
public servants.
TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE
IN INDIA - Gross violations of human rights by police
At the outset , e - Voice salutes the few honest police personnel who
are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent
transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute
them & pay our respects to them and hereby appeal to those few honest
to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like
"Sherlock holmes" and apprehend the real criminals. nowadays , when
police are under various pressures , stresses - they are frequently
using 3rd degree torture methods on innocents. Mainly there are 3
reasons for this :
1) when the investigating officer (I.O) lacks the brains of
Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture
on
innocents.
2) When the I.O is biased towards rich , powerful crooks , to
frame
innocents & to extract false confessions from them , 3rd degree
torture
is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results - under work stress I.O uses 3rd
degree torture on innocents.
Nowhere in statuette books , police are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects.
Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill
them.
There is a reasoning among some sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is
false
& biased. Take for instance there are numerous scams involving 100's
of crores of public money - like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don't police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a
pick-pocketer to recover hundred rupees stolen ? double standards by
police.
In media we have seen numerous cases of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don't police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents ,
tribals ,
dalits , before them police give the pose of heroes. Whereas , before
rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.
Torture in any form by anybody is inhuman & illegal. For the purpose
of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
Hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd
degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service
and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching
government
contribution as compensation to family of the victim's of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted
from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in
whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide
a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to
forest
brigand veerappan to secure the release of matinee idol mr. raj
kumar.
8) To make public justice A.J.Sadashiva's report on "torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude
&
knack for investigations.
12) To insulate police from interference from politicians &
superiors.
13) To make police force answerable to a neutral apex body instead
of
political bosses. Such body must be empowered to deal with all
service
matters of police.
14) The political bosses & the society must treat police in a
humane
manner and must know that they too have practical limitations. Then
on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
biggies
& must be put on detective , investigative works.
Nowadays , we are seeing reports of corruption by police & judges in
the media and are also seeing reports of raids by vigilance
authorities seizing crores of wealth from such corrupt police. Some
Judges have also amassed crores of wealth. Who gives them money ? it
is rich criminals , anti-nationals . By taking bribe & hiding the
crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating
agencies that all for the sake of national security , what degree of
torture these corrupt , anti-national police & judges qualify for ?
what type of aeroplane or helicopter the corrupt police / judges must
ride ? ofcourse , for protection of national security. Here also
police & judges have double standards , what a shame.
We at e – voice are for "Rule of Law" & abhor all type of violence.
Truly these police & judges are not building a Ram Rajya of our
Mahatma Gandhi's dream.
AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA ,
CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN
- By American Citizens
Our country was known as " Heaven On Earth" , "Land of Equality &
Equal Oppurtunity" & the "Statue of Liberty" rightly symbolized the
spirit of our country. Now USA is known as a "Terror State".
In the last 3 – 4 decades , the persons who occupied the office of
President USA ,in their individual capacity took wrong , inhuman
decisions , meddled in the internal affairs of other sovereign
nations , spent our resources to create terrorist outfits like al-
queda , Taliban in those countries.
In turn these terrorist outfits terrorized , murdered millions of
innocents & this Frankenstein monster came home to roost on September
9 / 11 . After September 9 / 11 , each terror suspect is severely
tortured in hell like Abu Garibh prison , elsewhere by our
authorities. For argument sake let us accept that these terrorists who
murder innocents don't deserve kid glove treatment & rightly
deserve 3rd degree torture. When a single terrorist deserve such
inhuman 3rd degree torture , what quantum of punishment , torture –
previous presidents of USA deserve – who created , aided & abetted
thousands of such terrorists , terrorist outfits ?
Herby, we appeal to the honourable Supreme Court of USA to order the
federal government to to make public :
1. how much US resources were spent from US TREASURY , to finance
terrorist outfits , military juntas in other sovereign nations ?
2. is not Al-queda , Taliban creations of USA ?
3. did September 9 / 11 WTC attack truly happened by hijacked airplane
or was it planned by US authorities ? see
http://www.neiu.edu/~ayjamess/hmmm.htm#Main
4 . is racial profiling , profiling a particular community &
suspecting all the muslims as terror suspects , right?
5. if it is right , the cretors of such terrorist outfits – past
presidents of USA – who were Christians makes it logical to assume
whole of our Christian community as terror suspect ?
6. is not use of 3rd degree torture on all type of suspects in US
prisons & in the prisons of US allied countries at the behest of US
authorities , right ? is it not violation of human rights & US
laws ?
7. did US find any weapons of mass destruction in Iraq , which was
the main reason for US attacking Iraq ?
8. why not US authorities use scientific interrogation techniques like
polygraph , lie detector tests instead of inhuman 3rd degree torture
on terror suspects & suspects in other criminal cases ?
9 . what legal right our President of USA have , to illegally spend
billions of our dollars on inhuman , llegal acts of terrorism ,
military coup , creation , aiding & abetting of terrorists , etc , in
other sovereign nations ? while we are suffering from loss of
jobs ,loss of home due to natural calamities , etc ?
Crux , Foundation of all religions is humanity , kindness & universal
brotherhood. It is the preachers who misrepresent it. Terrorism
created , aided , abetted by anybody is inhuman & wrong . Terrorism is
creation of power hungry , selfish people & they must be legally
punished .
Hereby , we appeal to the honourable court to legally prosecute
Previous PRESIDENTS OF USA in the last 4 decades , for crimes of
terror , as per the present US anti-terror laws.
Recently , in the issue of last week "The Week" , cabinet minister of
government of srilanka (previously a deadly terrorist & right hand man
of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an
interview that LTTE received arms training in Tamilnadu State of
India , to wage war against Government of Srilanka. The Justice Jain
Commission Of Enquiry , which probed late PM Rajiv Gandhi's
assassination case , also stated that Tamil Terrorist outfits in
Srilanka Received monetary , financial , arms training support from
government of India. GOI has even setup a radio station for tamil
terrorists of srilanka , within Indian territory. GOI spent billions
of dollars of Indian taxpayer's money for aiding & abetting
terrorism , while billions of Indians were half starving & going
without a single meal , without proper health care.
Recently in the last week , in a media interview the president of
Government of Pakistan Mr. Jardari himself has confessed that in the
previous years the government of Pakistan has aided & abetted
Terrorism for tactical gains of Pakistan , spending billions of
dollars of Pakistani taxpayer's money. While ordinary ordinary
Pakistanis were suffering from starvation , lack of health care , etc.
All the above proves that Previous Presidents of Government of
USA , previous Presidents of Government of Pakistan & Previous Prime
Ministers of Government of India were the real master minds of
TERRORISM , founded , aided , abetted TERRORISM FOR THEIR OWN SELFISH
GAINS. In turn murdering lakhs of innocent human beings.
These guilty previous presidents & prime ministers are deadly than
OSAMA BIN LADEN.
Hereby , we appeal to the supreme courts of USA , INDIA , PAKISTAN &
INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the previous
Prime Ministers of INDIA , the previous presidents of USA & PAKISTAN ,
on charges of master minding TERRORISM.
CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially
enforcing
law instead are working as hand maidens of rich & mighty. The
corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs ,
drinks
, cigareetes , etc. they get spacious cells & get best private
medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to
toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there
are
few honest people left in the police force.
Hereby , e-voice urges you to make public the
following
information in the interest of justice.
1.how many CBI officials & Karnataka state police officials are
facing
charges of corruption , 3rd degree torture , lock-up/encounter
deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
officials?
3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?
4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e - voice is ready to bring to book corrupt police officials subject
to
conditions, are you ready ?
8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?
DOUBLE STANDARDS OF INDIAN JUDICIARY & POLICE
In india , Law is one & same for all , however in it's implementation
& enforcement , the public servants are practicing double standards.
Poor Innocents are harassed , tortured all in the name of law ,
rules , technicalities .
Whereas , Rich Criminals are manipulating the evidences , records &
are going scot free. The Public Servants treat Rich Criminals
Favourably with kid gloves ofcourse for a price.
Now , take for instance , public servants of the rank of supreme
court
chief justice & President of india are hiding information relating to
crime , covering-up crimes , violating commoner's human rights ,
fundamental rights , obstructing citizen from performing their
Constitutionally prescribed Fundamental Duties as Citizens of
India ,
no action by police , they are not even registering the complaint.
Whereas , if a commoner cover-ups a crime or evidence , he also
becomes a criminal , if a commoner violates the fundamental / human
right of a rich person , if a commoner obstructs a public servant
from
performing his public duties , all those become crimes & he is
legally
booked for each counts.
Why not police registering complaint against the above stated public
servants for above crimes. IS IT NOT DOUBLE STANDARD.
POLICE COMPLAINT AGAINST PUBLIC SERVANTS
From,
NAGARAJ.M.R.
LIG-2 / 761, HUDCO FIRST STAGE,
LAXMIKANTANGAR, HEBBAL,
MYSORE - 570017.
Through,
Honourable DG & IG of Police ,
State Police H.Q ,
Bangalore.
To,
Honourable Circle Inspector of Police,
Vijayanagar Police Station,
Mysore.
Honourable Sir,
Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of India & other public servants
In India , as per constitution of india all citizens are
equal , have right to equal oppurtunity &
equitable justice irrespective of caste , creed , religion , etc. the
constitution has guaranteed these to every indian
citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every
humanbeing on earth has got HUMAN RIGHTS, by virtue of
his / her birth.
However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC
SERVANTS have forgotten this & are acting as lords ,
autocrats - unquestionable public masters. CONSTITUTIONAL
FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public,
public are the kings of democracy , they are the taxpayers &
paymasters of this very same public servants.
In India , corruption has spread it's tentacles far &
wide , it has not even spared the judiciary. The last
resort of commonman for seeking justice is judiciary , even there
corruption has spread.In present day India , if one
is rich , he can committ any type of crime & get away clean from
courts of law. there are corrupt police officials
who modify FIR , suppress evidences ,manipulate evidences , takes up
different line of investigation , fix innocents ,
coughs-up false confessions from innocents by 3rd degree torture ,
file B report closing the case , decides not to
appeal in higher court of law , etc , ALL FOR A PRICE. Just see the
list of millionnaire police officials who are
caught by karnataka lokayukta.
Next step , the prosecutor & defense advocate strikes a
deal , manipulates evidences , manipulates way
of presentation of case & way of argument favouring the rich crooks
for a price , as observed in high profile
BMW case involving public prosecutor IU KHAN & defense counsel RK
ANAND. In this way , if corrupt police & advocates ,
together manipulate the due process of law , the presiding judge is
left high & dry eventhough the judge is honest,
he is left helpless. to add to this , when the judge himself is
corrupt , people's last hope , democracy is dead. nowadays
we are hearing too many reports of irregularities in judiciary.
our publication has filed many appeals as PUBLIC INTEREST
LITIGATION before hon'ble supreme court of india,
but the vested interests there are not accepting it as PILs. WHAT
DOES
PUBLIC INTEREST LITIGATION MEANS ?
ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.
The issues raised by us for sample :
1. sale of fake medicines & adulterated food products , beverages ,
colas affecting the health of millions of indians
& public of importing nations who are importing the same dangerous
products from india .
2. demolition , eviction of houses , lands belonging to poor dalits ,
tribals , backward castes by government authorities
whereas regularising illegal land encroachments , illegal buildings
by high & mighty people in total disregard to law.
in some cases government has even made contempt of court , by defying
court orders & enacting special laws all to favour rich land
grabbers.
3. take the cases corporate frauds, violation of labour laws ,
pollution board laws , tax laws , etc by companies.
4. The reports in media about certain highly placed public servants
leaking india's defense secrets to foreign countries
& some politicians , film stars attending parties hosted by anti
nationals DAWOOD IBRAHIM & underworld dons in gulf
countries & elsewhere.
these type of appeals are for public good , national
security , as public are affected by them. still supreme court of
india is not considering
our repeated PIL Appeals.the courts have the authority to consider
even a post card , e-mail as a PIL Appeal , the courts
even have the right to initiate suo-motto action for public good ,
inspite of absence of any appeals / complaints.
over & above this at the time of my very first appeal my income was
very low & i was a retrenched factory employee who was eligible
for free legal aid, even free legal aid was not given to me.
Now , even to my repeated RTI Appeals the Honourable chief
justice of India & H.E.Honourable President of India
are not giving the requested information . these action of CJI &
PRESIDENT OF INDIA is aiding high & mighty criminals , anti
nationals ,
amounts to suppression of information , truth , evidences , which is
a
cognizable offence.
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/ ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/ ,
http://crimesatrpg.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/ ,
http://megafraudbygoi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/ ,
http://theftinrbi.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201
We do have highest respect for all constitutional bodies ,
public servants , but it is an appeal to the
honest few in public service ,to bring to book their corrupt
colleagues.The Honourable Chief Justice of India & H.E.Honourable
President of India
have violated their oaths of office , failed in their constitutional
duties , suppressed material truths / informations & thereby
repeatedly
violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC
HUMAN RIGHTS & Obstructing me from performing constitutionally
prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.
Hereby , i do
request you to legally prosecute the below mentioned public servants
viz
1. H.E.Honourable President of India
2. Honourable Chief Justice Of India
3. Union Home Secretary , GOI
4. Governor , Reserve Bank Of India
5. Director-General & Inspector General Of Police , government of
karnataka
6. Commissioner , Bangalore Development Authority
7. Commissioner , Mysore Urban Development Authority
8. Commissioner , Mysore City Corporation
9. Labour Commissioner , government of karnataka and
10. all public servants belonging to tax dept , pollution control
board , etc mentioned in the above cases with web links.
on the above mentioned charges. the whole issue of this news paper &
the related materials at the weblinks provided, forms part of this
complaint. 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 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. one 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 , public servants & Constitutional fuctionaries. thanking
you.
Jai Hind , Vande Mataram.
Date : 04.07.09 your's sincerely,
Place : Mysore nagaraj.m.r.
CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? - WHY NOT
PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?
New Delhi, August 21 The Delhi High Court imposed a four-month ban on
senior advocate R K Anand and colleague I U Khan on Thursday for
interfering with judicial proceedings in the high-profile BMW hit-and-
run case. A fine of Rs 2,000 was levied as well.
On May 30, 2007, television channel NDTV caught both lawyers in a
"sting" operation, conniving with key prosecution witness Suniel
Kulkarni to get main accused Sanjeev Nanda off the hook.
A High Court Bench comprising Justices Madan B Lokur and Manmohan
Sarin found the two guilty of criminal contempt.
"The entire material leaves a bitter taste in the mouth about the
goings-on in the BMW case. There is no manner of doubt whatsoever that
there was complicity between Mr Khan and Mr Anand... There can be
absolutely no doubt that Mr Khan and Mr Anand were, somehow or the
other, more than mixed up in the BMW case," observed the court, which
had taken suo motu cognizance of the expose the day after it was
aired.
"Mr Anand and Mr Khan are prohibited from appearing in this court
(Delhi High Court) or courts subordinate to it for four months from
today. However, they are free to discharge their professional duties
in terms of consultation, advice, conferences, opinions, etc," said
the Bench.
The court desisted from commenting on the conduct of Kulkarni, saying
it would not be "proper" to do so.
Though the verdict comes solely on basis of the CDs and transcripts of
the sting operation, the Bench said, "the unshakeable truth is that Mr
Anand is guilty of criminal contempt of court".
Contemplating a fit punishment, the Bench wondered how many in the
legal fraternity had had been taken by surprise to find Anand
indulging in such "sharp practices". "Mr Anand has held many
prestigious elective positions in the legal fraternity, including the
Bar Council of Delhi. He has also been a Member of the Rajya Sabha,"
noted the Bench.
The court said it knew Khan for his legal acumen and forensic skills —
"perhaps the reason why he was appointed Special Public Prosecutor in
the BMW case". High expectations over Khan fell apart when his conduct
"betrayed the trust that prosecution reposed in him... what he did was
perhaps beyond the realm of contemplation of the prosecuting agency".
Chastising the two for their misconduct, the Bench said: "We are not
dealing with a young lawyer who, driven by ambition and desire...
transgresses the limits or unwittingly or unknowingly commits criminal
contempt. We are dealing with senior advocates, who are expected to
conduct themselves as gentlemen and role models for younger members of
the Bar."
The court forwarded a recommendation that the two be "stripped of
their designations as senior advocates". The High Court Registrar
General will put up the court's recommendation before Chief Justice AP
Shah within a month.
In response to the verdict, the Delhi Bar Association president,
advocate Rajiv Khosla, said about 20,000 lawyers from district courts
were going on strike on August 22 in protest.
R K Anand
Began legal career in Delhi's Tis Hazari Court as a civil lawyer in
1967. Appointed government counsel in 1976. In 2000, JMM nominated him
to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly
polls in Himachal Pradesh in February 2003.
High-profile cases:
* In 1980, represented the late Indira Gandhi in a property litigation
filed by Maneka Gandhi after Sanjay Gandhi's death
* Narasimha Rao in the JMM bribery and the St Kitts case
* Chandraswami in the FERA violation case
* H K L Bhagat in the 1984 anti-Sikh riots case
* Former external affairs minister Natwar Singh's son Jagat Singh in
the murder/suicide of his wife Natasha Singh
I U Khan
One of the top five criminal lawyers in Capital. He was charging a fee
of only Re 1 in the BMW case. Began his career in late 1960s, and came
intio spotlight in 1980s.
* Defended Sushil Sharma in the tandoor murder case, Subash Gupta in
the Personal Point triple murder, former Youth Congress President
Romesh Sharma in several cases and Tony Gill in Jessica Lall murder
case
When prosecution & defence lawyer together team up along with corrupt
police / public servants and manipulate evidences / records , the
court is helpless and will acquit the accussed for lack of evidences
eventhough the presiding judge is of impeccable integrity , honesty ,
he is help less. Add to this , if the presiding judge happens to be
corrupt & teams up with the criminal nexus , the result is
devastating , the rich criminal will get away & the innocent will
suffer punishment in some cases even death sentence.
Who will bell these few corrupt among the judiciary , bar , police &
public service ? why not prison sentence for two leading advocates
on criminal charges of contempt of court , destruction of evidences ?
are they above law ? why favouritism by court to the guilty in
awarding punishment to guilty two advocates as they happen to be
political influential ? will the court let a common man so leniently
for the same charges ? In the past cases dealt by these corrupt duo
advocates , there are possibilities that the same tactics of
manipulation of evidences , prosecution is done to win the cases , to
free the rich criminals , why not review of the cases dealt by these
corrupt advocates ?
The honest few among judiciary , bar , police & public service must
uphold our constitution , rule of law & bring to book their corrupt
colleagues.
CASH FOR JUDGEMENT
Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal
Yadav who has gone on leave after her name is said to have figured in
the statements of the main accused in the case involving the delivery
of cash at another High Court Judge's house, said today that she was a
"victim of a vilification campaign."
Speaking to The Indian Express at her Sector 24 residence here today,
Justice Yadav said that "some influential persons were trying to shift
the focus on her to save the real accused."
Justice Yadav denied that former Haryana Additional Advocate General
Sanjeev Bansal had talked to her on phone on August 13 when Bansal's
clerk "mistakenly" delivered a bag containing Rs 15 lakh to the
residence of Justice Nirmaljit Kaur, another sitting Judge of the High
Court.
"Let any agency prove that I talked to Sanjeev Bansal on phone either
on that day or any day in the past one month," Justice Yadav said. "I
am ready to face all consequences if this allegation is found true. I
have had no dealings with Bansal. I have not received any money from
Bansal or any of his associates. I am sure I will get justice."
Justice Yadav said she had explained her position to High Court Chief
Justice T S Thakur and had "proceeded on leave." She said she would
not hear any case until her name is cleared.
Sources close to her said that during her meeting with Justice Thakur
yesterday evening, in which some other senior judges were also
present, Justice Yadav offered to proceed on leave to "maintain the
highest traditions of Indian judiciary." Justice Thakur told The
Indian Express that he had not asked Justice Yadav to proceed on leave
and that it was her own decision.
It is learnt that in her meeting with Justice Thakur, Yadav vehemently
denied any role in the entire role.
While acknowledging that she and some other members of her family had
bought a plot of 11.1 bighas of land (see accompanying story) at
village Rihun Pargana near Kumharhatti in Solan district of Himachal
Pradesh on August 14, Yadav is learnt to have denied that the money
for purchasing the land came from Bansal or Ravinder Singh, the Delhi
businessman, who is also named in the case.
"Can't a judge buy legal property? Let the police or any other
investigating agency prove that the money for the deal was provided by
Bansal or Singh," she is learnt to have told the Chief Justice. But
she is learnt to have acknowledged, in her meeting with the Chief
Justcie, that she knew Ravinder Singh. She is learnt to have said that
she came to know him through some other judges.
Meanwhile, highly placed sources in the High Court confirmed that
Chief Justice Thakur is awaiting the return of Chief Justice of India
KG Balakrishnan from Brazil to apprise him of the developments in the
case. The Chief Justice is learnt to have asked the administrative
committee, comprising senior judges, to monitor the case on a daily
basis.
The Rs 15-lakh delivery: Story So Far
•August 13: Parkash Ram, an assistant to Haryana's Additional Advocate
General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the
residence of Justice Nirmaljit Kaur of the Punjab and Haryana High
Court. Justice Kaur calls the police.
•Rajeev Gupta, Bansal's friend and a property dealer, tells the police
that the money reached there by mistake and it was meant for Nirmal
Singh, another property dealer. Chandigarh Police decline to hand over
the cash. Bansal is questioned
•August 16: A case is registered against Bansal, Parkash Ram and Delhi-
based hotelier Ravinder Singh who allegedly organised the money
•Bansal resigns as Addl AG and surrenders on August 19
•August 21: Rajeev Gupta, the property dealer who claimed the money
was meant for Nirmal Singh, is arrested. The Inspector General of
Police sends a report to the Chief Justice of Punjab and Haryana High
Court. The report says that the money was meant for another judge.
•August 22: Justice Nirmal Yadav proceeds on leave
Caught in controversy is Solan plot that judge, 16 others purchased
CHANDIGARH, SOLAN, August 22: On August 14, according to revenue
records, a plot measuring 11.1 bighas in Solan was purchased by
Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the
transaction, obtained by The Indian Express, show that the land was
purchased by her and 16 others from six persons, all residents of
village Rihun Pargana, near Kumharhatti in the Solan district of
Himachal Pradesh.
<!--[if !vml]--> v="_x0000_i1025" v:shapes="_x0000_i1025"><!--[endif]--
>
This purchase is said to have figured in the meeting between Justice
Yadav and the High Court Chief Justice yesterday. Justice Yadav is
said to have told the Chief Justice: "Can't a judge buy legal
property? Let the police or any other investigating agency prove that
the money for the deal was provided by (Sanjeev) Bansal or Ravinder
Singh."
The purchasers and sellers obtained permission from the Himachal
Pradesh Government under Section 118 of the Himachal Pradesh Tenancy
Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that
that the deal had been registered as per the details we have.
The land was sold by residents of village including Baldev; Narinder
Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The
sellers have given a General Power of Attorney to Surinder Kumar (one
of the partners among the sellers), who executed a sale agreement in
favour of the buyers.
Those named as purchasers (partners) in the land deal include Suruchi,
a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram
Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek;
Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay
Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector
11, Panchkula) and Punjab and Haryana High Court Justice Nirmal
Yadav.
Three booked in judge bribery case
Haryana Addl Advocate General among booked
Chandigarh, August 16: Three persons, including Additional Advocate
General of Haryana Sanjeev Bansal, were on Saturday booked for an
attempt to bribe a Punjab and Haryana High Court Judge.
The other two are Bansal's munshi Parkash, who had carried Rs 15 lakh
to the residence of High Court judge Nirmaljit Kaur on Wednesday
night, and Ravinder Singh, a Delhi-based businessman who has a hotel
in Karol Bagh.
The munshi was taken into custody while a police party has been
despatched to Delhi to nab Singh.
Assistant Superintendent of Police Madhur Verma said the amount was
supposed to be handed over to some other public servant but was
mistakenly delivered at Kaur's house.
An FIR was lodged after Kaur complained to the police. She also
reported the matter to the Chief Justice.
Police said Singh had allegedly paid Bansal a huge amount to get
settled a criminal case pending in the High Court. The case is due to
come up for hearing on Wednesday.
Earlier, Singh had claimed the amount was pertaining to a property
deal he had struck with a resident of Panchkula. The money was
supposed to be delivered to one Nirmal Singh and was mistakenly
delivered at the judge's house.
Verma, however, said the preliminary investigation had ruled out the
possibility of the amount being related to any property deal.
"Bansal failed to give a detailed account of the cash. He produced
some papers pertaining to some property in Panchkula but that did not
carry any weight. Our investigations caught him on the wrong foot and,
therefore, we booked him along with two others under the Prevention of
Corruption Act and criminal conspiracy," he added.
Bansal has been handling several high-profile cases. He is one of the
dozen-odd Additional Advocate Generals appointed by the Haryana
Government about two years ago.
Corrupt judge in Allahabad High Court
Posted By: Rajeev
State: Uttar Pradesh District: Allahabad City: Allahabad
* Conversation with Vigilance Officer – Audio Wave File
* Conversation with Registrar General – Audio Wave File
* Letter that CBI has forwarded to Registrar General – Tif Format
If the Judges go corrupt, then it is GOD who will give one justice
when one go to heaven or hell. It is a Irony that I filed a complaint
against a District and Session Judge who later promoted to High Court
of Allahabad. I wish the God will serve HIS justice to Hon'ble Justice
Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice
at Rs 100000 per page!!
Here I am elaborating what had happened. In 1994, two people name
Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father's
property and in March 1994 they beat him and pulled his legs( just
imagine the pain) making him handicapped for life. Then in court those
guys were merely sentenced for 6 months in Jail, but they did not went
for the jail for single day or hour and appealed to Sessions Court and
then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in
Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal.
It is a shame on Umeshwar Pandey that he cannot see a Handicapped man
suffering for last 9 years and even then not given the justice.
Umeshwar Pandey has taken this bribe via his Steno name some G. D.
Gupta.
It is the habit of Parashram and MohanLal to record the conversation
while giving bribes on hidden audio recorder and the same cassette can
be recovered if the authority try. It is been 8 months since I have
informed various authorities by registered letters and phone calls
from USA for no action till date.
I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance
Officer for no action till date and the recording attached is from
Sept 2002.
Similarly I have spoken with Mr. K. S. Rakhra who was posted as
Registrar General but no action till date, and the recoding shown is
from Sept 2002 too.
Even CBI has forwarded my letter to Registrar General, but no action
is taken on that one too.
I have emaild my plea to few High court Judges too for no response.
I just hope GOD is there who will give some justice. But the corrupt
Judges should stop imitating as GOD they are devil actually.
The only solution can be people make a limit. How much money a person
needs. I often think about a story that a saint refused to take the
food as he already got the food for today and he do not want to
collect for tomorrow. But I don't know why people want to generate
money for 7 generations. If a careful analysis and investigation is
done Umeshwar Pamdey has Black money worth 3 generations. I guess
instead of Lakhs and Carore now corruption should be measured in
generations.
Education is important. People need to understand the meaning of
freedom truly. IF I say boldly India is still not free. People have
mentality that they need to pay to Government officials for work. This
mentality has to be removed.
Thanks
Rajeev
HC suspends judge over corruption complaints
AHMEDABAD: The Gujarat High Court has suspended a fast track court
judge in Rajpipla after receiving several complaints of corruption and
favouritism against her.
Rajpipla fast track court Judge DL Desai was suspended on Thursday
evening after a primary inquiry held by the court's vigilance
department said that the complaints against her had substance. Further
inquiry against her will be conducted by the department. Besides the
complaint of favouritism in Rajpipla, where she was presently posted,
the Desai was also accused of similar charges and issuing certificates
without proper verification in Bharuch, where the she was discharging
her duty as a principal district judge, the High Court authorities
said.
The HC administration seems to be seriously taking the issue of
corruption prevailing in Gujarat's judiciary, as Desai's is the fourth
suspension in last three months. Earlier in May, a judge in Surat's
court, AN Vinjhola was suspended after similar complaints against him.
The court administration also found him in possession of property out
of proportion considering his known sources of income. Last month, two
judges were suspended on charges of corruption. The Ahmedabad city
civil Judge NM Thakor and KV Kakkad were also suspended by the HC
after holding preliminary inquiry into complaints against them.
All the four suspended judges are now facing departmental inquiry.
FOREIGN TOURS OF INDIAN JUDGES AT TAXPAYER'S EXPENSE
New Delhi: CNN-IBN's exclusive report on some judges using official
trips to holiday, has sparked off the debate - should judges be above
the purview of the Right to Information (RTI) Act?
RTI activists say there is every reason why the RTI Act should apply
to the higher judiciary as well.
Questions are now being asked in South Block, too, following the
expose on Supreme Court judges.
Records obtained under the RTI shows judges have been converting work
trips to holidays, taking long detours and are accompanied by their
wives while traveling abroad.
At present there are no travel guidelines for the judiciary and the
Bar Council of India is suggesting a course correction.
"I think the judges must pay or should pay the amount to the
government," Bar Council of India Chairman SNP Sinha said in Patna on
Wednesday.
Under the RTI, CNN-IBN found that for Chief Justice KG Balakrishnan's
11-day trip to Pretoria, South Africa in August 2007 the route was -
Delhi, Dubai, Johannesburg, Nelspruit, Capetown, Johannesburg,
Victoria Falls, where the judge finally didn't go and back to Delhi
via Dubai.
Former chief justice YK Sabharwal attended three conferences in 2005
to Edinburgh, Washington and Paris. While the conferences lasted 11
days, Sabharwal was out for 38 days with 21 days converted into a
private visit.
The travel plan included a detour from Washington to Baltimore,
Orlando and Atlanta, before rejoining the conference route in Paris.
The First Class air fare for Sabharwal's entire trip was paid by the
government.
Activists are now renewing the debate on the RTI act applying to
judges as well
RTI activist Arvind Kejriwal said: "It only underscores why the RTI
needs to be applied to judges and judiciary."
Just like Caesar's wife should be above suspicion, RTI activists are
demanding that SC judges too should be seen to be accountable.
Failure of RTI Act in India
- In the clutches of corrupt public servants mafia
In the courts of law , every statement to be valid must be supported
by evidences. That too, the statements of public servants / government
officials & their reports in government records are considered as
sacrosanct , the ultimate gospel truth by courts of law.
The corruption has spread it's tentacles far & wide in the public
service. The bribe booty is shared by lower to higher officials. If an
official is complained against , his higher official conducts a formal
investigation & reports in the record that lower official is not
guilty.
The vigilance authorities / Karnataka lokayukta has recently raided on
police , tax officials & seized illegal wealth amounting to crores of
rupees. Take the recent case where in senior IPS officer ,
superintendent of police chamarajanagar , mr.srikantappa was arrested
by Karnataka lokayukta. The victims spoke to media that he used to
threaten them with false cases. In this way , how many victims /
innocents were arrested & tortured by his arrest warrants ? how many
innocents suffered in false cases ? how many rich criminals got scot
free , by srikantappa's filing of B reports leading to closure of
cases ?
In the past how many suffered by srikantappa's actions ? has the court
subjected to review all the previous actions of srikantappa throught
his corrupt career ? if not , why ?
The courts of law has taken the official reports , records of
mr.srikantappa as gospel truth & indirectly aided rich criminals &
harmed innocents. It is the same case with respect to reports of all
government officials – police , labour , tax , etc. the rich
criminals buy out government officials & make them write favourable
report about themselves. Whereas the poor , innocents suffer from
adverse reports & injustices. The courts of law takes the government
records at it's face value & meat out injustices to the poor ,
innocents while aiding the rich criminals.
When a commoner requests for information as per RTI Act , the
government officials either give incomplete information , false
information or decline to give information under one pretext or the
other. The officials are damn sure that the truthful information will
be detrimental to themselves & will be taken as evidence against
themselves in the courts of law. So information , truth is not given.
Even information commissions are failing here. Thereby, the public are
denied to seek justice in the courts of law , by lack of evidences.
The courts of law before accepting the records of government
officials , must subject it to a "test of truth". When a government
report is contested against , a fact finding team comprising members
of public , complainant , respondent & the court , must check it out
at the ground level. Orelse when a complainant says that the report of
a government official – police , labour , tax , etc as false that
government official must be subjected to lie detector test , narco-
analysis, ertc by court of law. The questionnaire ie the questions to
be asked during the scientific test are to be prepared with feedback
from both complainant & respondent's side. In that way , impartially
truth can be found out. After all , the objective of courts of law is
"Quest for Truth", not just giving out judgements based on reports of
corrupt officials.
Nowadays , we are even seeing reports of corruption among the
judiciary itself. If a complaint against a judge is made out that a
level ground is not provided to put up one's case in the court or
cross examination of one party is not allowed or lie detector test /
narco analysis of one party is not allowed ( in turn taking the lies
of that party as truth ), the judge making a varied interpretation of
law, the judge not safe guarding the health & life of the complainant
in the custody of police leading to 3rd degree torture of complainant
by police , etc, in all such cases the supreme court of India must
change the presiding judge of such cases , the cases must be
thoroughly reviewed & the guilty judge must be subjected to narco-
analysis , lie detector test , etc & legally prosecuted. In this back
drop , accountability of police & judges to the public ie citizens of
India – kings of democracy , is a must. After all , the kings of
democracy / citizens of India / taxpayers are the paymasters of all
public servants.
We at e – voice of human rights of watch have utmost respect for the
judiciary & all government institutions. It is the corrupt few in
those institutions who are themselves bringing disgrace to the august
institutions they occupy , by their corrupt deeds. The saving grace is
that still honest few are left in public service & it is an appeal to
them , to legally prosecute their corrupt colleagues.
In India , the private enterprises are the wealth creators of our
economy. However , some private enterprises are violating labour
laws , tax laws , human rights & fundamental rights of people. In turn
harming the public , looting the tax dues. This is creating black
money causing various social evils in the society. These huge private
enterprises take loans from public sector banks ie take public's money
as loans , collect money from public in the form of shares ,
debentures , sell their product to the public. Still , they are not
covered by RTI Act, they don't give truthful information to the public
nor allow public inspection of their sites , why ? they buy out
concerned government officials & gets them to write favourable report
about themselves. There are wide differences between the ground
reality & these government reports. If the aggrieved person , victim
of injustices meated out by these private enterprises , tries to
legally seek justice, these criminal private enterprises buy out
police , concerned officials & fixes up the victim in false cases. The
police in total disregard to law violates the human rights &
fundamental rights of the victim in custody , subjects the victim to
3rd degree torture in custody. The presiding judge of the case doesn't
safe guard the rights , health , life of victims in custody. The judge
doesn't check out the truthfulness of government reports & passes on
judgement making varied interpretation of just remember the case of
"local citizens vs coca cola company" in plachimada , kerala.
Is it not right & just in such cases , to subject the presiding
judge , police , concerned government officialds & most importantly
key officials of that criminal private enterprise to lie detector ,
narco- analysis tests , to know the truth ? is it not right to conduct
the inspection of alleged site , review of all company's records , by
a team comprising of members from public , court , complainant &
respondent ?
Some of these criminal enterprises threaten to finish off the poor
victims . as these company's have money power they can buy out
rowdies , police & capable of doing anything. In such cases , if
anything untoward happens to the victim or his family , are not the
officials of such criminal enterprise liable to pay compensation to
the victims's family or survivors ?
In India , do we truly have democracy & freedom ? is this corrupt
India – what our freedom fighters dreamt of & fought for ?
JUDGES IN PROVIDENT FUND SCAM ?
NEW DELHI: Faced with accusations having the potential to unhinge the
traditional public perception of the judiciary's clean image, the SC
on Monday
decided to examine the possible mode of probe into the Rs 23 crore
illegal PF
withdrawal scam allegedly involving 23 judges, including some from the
HCs and
one from the apex court.
The difficult question on the mode of probe was posed by a petitioner,
who is
the chairman of Advocates Welfare Trust and Bar Association of
Ghaziabad — the
place where the scam took place — even as CJI K G Balakrishnan had
shown faith
in the integrity of the judges by asking the UP police, which is
probing the
scam, to send questionnaires to the judges, whose names allegedly
figured in the
scam.
Unwilling to have the judges interrogated by the police at first go,
SC had
written to the UP police that if the response of those judges to the
questionnaire did not satisfy the probe team, then it could send
request for
personal interrogation.
The request for interrogation in person would be considered on merit,
the SC had
told the police in a communication. Appearing for the Bar, senior
advocate Fali
S Nariman flanked by senior advocates Anil Divan and M N Krishnamani
expressed
concern over the scandal and also pointed out the possible dent in the
image of
the judiciay if an SHO was seen interrogating a judge.
Bench comprising CJI Balakrishnan and Justices P Sathasivam and J M
Panchal
appeared undecided about the constitution of a committee as suggested
by
Nariman, it decided to seek the assistance of solicitor general G E
Vahanvati to
chart out a possible course to deal with the situation.
To keep the proceedings off the media glare, the bench decided to take
up the
matter in chamber on July 14, when Vahanvati and other senior
advocates would
make good their assistance to look for a way out of the problematic
situation.
The petition said one Ashutosh Asthana, the Central Nazir in the
judgeship of
Ghaziabad, had allegedly confessed before a magistrate about his role
in the PF
scam and had allegedly mentioned the names of 23 judges who were
beneficiaries
of the ill-gotten money.
THE FALL OF THE ANGEL-CORRUPT INDIAN JUDICIARY
the four main pillars of democratic setup in india are legislative ,
judiciary , executive & the enlightened citizens . now, one pillar
after the other has started to crumble down paving the way for anarchy
in future. in india there are not much of the enlightened citizens
around.even the few who are there, are silenced by the criminal nexus
while doing their fundamental duties as per the constitution of
india.the rest of the citizens are kept in the dark, denied the
awareness about democratic dynamics , by choking them for information.
in india multi billion dollar defence deals to drainage civil
constuction by the munciapality comes under "official secrets act".
eventhough technically some informations does not fall under the
purview of O.S.A. the ruling elite does not readily share the
information.in democracy INFORMATION & THE EXPRESSION are key to it's
functioning .by denying that key to the citizens the ruling setup
alienates them from decision making process .thus, the enlightened
citizens the pillar has been razed down to earth by the ruling elite.
now, the criminalisation of politics has taken place almost completely
in india. those criminals have appointed other criminals to the vital
positions in the government .the criminal nexus of
CRIMINAL-POLICE-POLITICIAN-BUREAUCRAT is reigning in India , violating
the funamental / human rights of crores of indian citizens , robbing
them of their national wealth worth billions. thereby other two
pillars of democracy the legislative & the executive have fallen down.
now, the one & only remaining pillar of democracy in india is the
INDIAN JUDICIARY. it is the angel who provides justice to the
commonners. now, the tentacles of corruption has engulfed the Indian
judiciary too . there are charges against various judges ranging from
bribery ,theft ,practice of untouchability ,false affidavit to murder
.one judge has been accussed of literally running an AUCTION HOUSE OF
JUDICIAL ORDERS in association with the underworld. in that place
everything from BAIL,STAY TO ACQUITTAL FROM CASE was available for a
price of course.
it is only due to the pioneering efforts of media these scandals have
come to light .the judiciary has hidden those scandals in a hush hush
manner from the public eye. recently it was reported in " deccan
herald " that a district judge of u.p. was acting as a pimp since
years & supplying mod girls to politicians. in another report it was
stated that a district judge of tamilnadu demanded sexual favours from
a woman to give favourable judgement in a case when she refused to do
his bidding he allegdely tried to rape her. quite recently, there was
a news report about immoral acts of certain high ranking judges in a
resort near mysore. it was indirectly implied that certain wowen
advocates who were selected as judges were returning the favours
immorally to the senior judges (who were in the selection committee) .
i,as a human rights activist have requested various constitutional
authorities to provide information about the misdoings of government
officials , ministers ,judges & godmen. i didn't even receive the
receipt of acknowledgement. i have even tried to file public interest
litigations at the SUPREME COURT OF INDIA ,but to no avail. Even my
requests for information from government authorities including
supreme court of India as per RTI Act was not honoured.
in my crusade seeking justice for all, i have myself suffered numerous
injustices ,my news papers were closed down, i have suffered murder
attempts on me , inspite of all these the CHIEF JUSTICE OF INDIA , THE
CHAIRMAN OF NATIONAL HUMAN RIGHTS COMMISSION , THE CENTRAL VIGILANCE
COMMISSIONER kept mum, didn't do their constitutional duties inspite
of my repeated requests . thereby, they have violated my human rights
& fundamental rights & have been obstructed from performing my
constitutionally provided FUNDAMENTAL DUTIES.
The courts of justice needs evidences to act upon , the public
servants don't give records / reports which in turn becomes evidences
, the public servants by taking bribe makes falsed biased
interpretation of law , give favourable reports to rich & mighty ( but
false reports ). The courts in turn depending on those false reports
acquits rich & mighty , whereas the poor suffers injustices for being
unable to produce evidences. The courts have the power , authority for
ordering participation of public , aggrieved parties in the
investigation teams enforcing various laws ( thereby the corrupt acts
of public servants can be checked ) , but courts don't excercise that
authority. See how the nexus of corrupt public servants � law
enforcement agencies � judiciary works in India favouring the rich &
subjugating the poor. Ofcourse , there are very few exceptions.
PF SCAM SHAME SHAME CORRUPT JUDGES visit following websites ,
http://corruptmajority.blogspot.com/ ,
http://corruptjudges.rediffblogs.com/
Office for Profit: A Stink You Should Smell
Former Supreme Court Chief Justice YK Sabharwal was involved in
dubious judicial
deal-making that earned his sons huge profits. So says a group of
engaged and
credible citizens led by former Law Minister Shanti Bhushan. And they
have
evidence to back their claims. Sanjay Dubey pieces together their case
"The issue of sealing was difficult as on the one hand it was a
question of law
and on the other of the suffering among the people." This is how
Justice YK
Sabharwal, the former Chief Justice of India (CJI), described the
demolition
drive that had brought the nation's capital to a virtual standstill
for weeks.
In an interaction with the media on the eve of his retirement in
January,
Sabharwal singled out the Supreme Court's action against Delhi's
shopkeepers as
the most difficult decision he had taken as the Chief Justice. He
elaborated on
why it had become such a huge dilemma for him. "I earned the wrath of
my
relatives. Yesterday one of my relatives [affected by the sealing
order] told me
sarcastically that I am a big man. I told him I couldn't solve
individual
problems."
The anguish with which the former chief justice of India described the
sealing
drive as the most difficult decision of his career, however, flies in
the face
of facts unearthed by a committee of equally eminent citizens called
the
Campaign for Judicial Accountability and Judicial Reforms. The
Committee's
patrons include such veteran torchbearers of public integrity as
former law
minister Shanti Bhushan, Justice VR Krishna Iyer, Admiral RH Tahiliani
and the
Supreme Court lawyer Prashant Bhushan.
Documents gathered from many government departments by the committee
cast a
shadow of taint over the actions of Justice Sabharwal who, Shanti
Bhushan says,
"was a very competent judge". (See interview) Contrary to what
Sabharwal said,
the Committee's findings show that far from earning the wrath of his
relatives,
"the former chief justice has earned the gratitude of his family," as
Shanti
Bhushan puts it. The documents — perused by TEHELKA — show that
Sabharwal's
sons, Chetan Sabharwal and Nitin Sabharwal, clearly stood to benefit
from their
father's orders. His orders, thus, are against the principles of
natural justice
which say that no judge can hear a case in which he has a personal
interest.
According to Shanti Bhushan, instead of excusing himself because of
conflict of
interest, Sabharwal remained the presiding officer of the sealing case
from 2004
till he retired in January 2007.
It all flared up on February 16, 2006, the day then Chief Justice of
India, YK
Sabharwal, passed the order which set in motion the process of sealing
of
properties being used for commercial purposes in designated
residential areas in
Delhi. The sealing and demolition drive to implement the court order
forced
thousands of small and medium-sized commercial establishments to
either shut
shop or buy or rent premises in malls and commercial complexes.
There were reports of suicides and heart attacks as the government
tried to cope
with a precarious law and order situation in the capital; it had
little choice
but to implement the Supreme Court's (SC) orders. Everything was being
done in
the name of upholding the law — or so it seemed. It now transpires
that even as
Delhi was bleeding, Justice Sabharwal's elder son Chetan and younger
son Nitin,
were breaking the law.
Documents presented by the Committee reveal that at least two
companies owned by
Chetan and Nitin — Pawan Impex (PI) and Harpawan Constructors (HC) —
were
operating from their father's private residence, 3/81, Punjabi Bagh,
when the
sealing drive was in full swing. Even more surprising is the fact that
for the
greater part of 2004, Pawan Impex was operating out of 6, Motilal
Nehru Place,
the official residence of Justice Sabharwal, who was then one of the
senior-most
SC judges. According to documents filed by Pawan Impex with the
Department of
Company Affairs, its registered office was shifted from 3/81, Punjabi
Bagh to 6,
Motilal Nehru Place in January 2004. For the next 10 months, the house
of a
senior SC judge — Sabharwal — was also the firm's registered office.
Documents from the Department of Company Affairs also reveal that on
October 23,
2004, the promoter of one of the biggest shopping malls and commercial
complexes
in Delhi, Kabul Chawla of Business Park Town Planners (BPTP) Limited,
was
inducted in Pawan Impex as a 50 percent shareholder. On the same day,
Pawan
Impex's registered office was shifted back to its old address in
Punjabi Bagh.
Soon thereafter, Chawla's wife, Anjali Chawla, was also made a
director in the
company.
Sabharwal's sons nurtured ambitious real-estate dreams. And they began
laying
its foundations when they set up a construction company, called
Harpawan
Constructors, on April 8, 2005. An important decision taken by their
father a
few days earlier was going to change both Delhi's and their fortunes.
On March 17, 2005, Justice Sabharwal, who at the time was dealing with
the case
of polluting industries operating in residential areas, ordered that
he would
now also deal with the case of commercial establishments operating
from
residential areas. Another bench of the Supreme Court had admitted
this case in
2003.
In October 2005, another bigwig in the Delhi mall business,
Purushottam Bhageria
of Fargo estates, joined hands with Chetan and Nitin. He was appointed
a
director in Harpawan Constructors, as was his brother Madhusudan
Bhageria. Soon
after this, Bhageria announced his plans to develop Square 1 Mall in
Saket in
New Delhi. It was touted as one of the largest and most luxurious
malls planned
in Delhi.
In November 2005, Justice Sabharwal became the cji and by February 16,
2006 when
he passed the "most difficult" order of his life to seal the
commercial
establishments operating from residential areas, his sons were on
track to enter
the mall and commercial complexes business in a big way, having sewn
up
partnerships with two of the biggest commercial real estate developers
in Delhi.
The Sabharwals' commercial complex development business took off
thereafter. On
June 21, 2006, Pawan Impex's share-capital increased from Rs 1 lakh to
Rs 3
crore. Then, on September 30, 2006, the Chawlas of BPTP developers
invested Rs
1.5 crore in the company. On August 22, 2006, Pawan Impex was given a
Rs
28-crore loan by the Union Bank of India. The loan was secured by
mortgaging the
"plant, machinery and other assets" lying in plots A-3, 4 and 5 in
Sector 125,
Noida. But, in fact, there is no plant or machinery here. Instead, a
huge it
park — Park Centra — worth hundreds of crores is being built by BPTP
Ltd.
Sources in the Noida Authority have confided that these three plots
(A-3, 4 and
5 in Noida's Sector 125) were allotted to Pawan Impex on December 29,
2004 by
the Mulayam Singh government then in power in UP at Rs 3,700/sq.
metre, when the
market price of commercial land here was at least Rs 30,000/sq. metre.
Moreover,
a commercial plot measuring 12,000 sq metres (plot 12A, in Sector 68)
was
allotted to another company owned by the Sabharwals, Sabs Exports, on
November
10, 2006, at Rs 4,000/square metre. The market price of commercial
plots there
at the time was at least 10 times as much.
These are not the only plots allotted at throwaway prices to the
Sabharwals. On
November 6, 2000, Sabs Exports was allotted three plots (C103, 104 and
105)
measuring 800 square metres each in Sector 63 at a rate of Rs 2,100/
square
metre, when the market price was many times higher.
TEHELKA has documents which show that a residential plot in Noida's
upSCale
Sector 44 was allotted to Justice Sabharwal's daughter-in-law, Sheeba
Sabharwal,
in 2005. It is noteworthy that this plot was part of the Noida
allotment SCam —
wherein plots were allotted to sundry influential people and their
relatives,
when in fact they were supposed to have been allotted by a random draw
of lots.
An embarrassed UP government cancelled the allotments. The SC for some
reason
immediately stayed the CBI probe into the allotments ordered by the
Allahabad
High Court. It is perhaps also significant that Justice Sabharwal
himself stayed
the publication of the so-called Amar Singh tapes, which were said to
have phone
conversations that showed Singh in poor light.
"Thus, from owning smalltime export-import firms till 2004, the
Sabharwals in
just two years time got into the business of developing commercial
complexes and
appear to be rolling in money," the report by the Committee concludes.
All this
happened when Justice Sabharwal was a senior judge and then the Chief
Justice,
dealing with the sealing cases and passing orders which stood to
benefit his
sons and their partners.
The continuing good fortune of the Sabharwals can be gauged by their
recent
purchase of a property worth several crores. TEHELKA has a sale deed
of a house
in south Delhi's upscale Maharani Bagh which shows that Chetan and
Nitin
purchased a 1,180-square-yard bungalow (B-9 Maharani Bagh) in March
2007 from
the heirs of former Law Minister Jagannath Kaushal for a stated
consideration of
Rs 15.43 crore. They gave their father's name as Yogesh Kumar (minus
the surname
Sabharwal) and their office address instead of their Punjabi Bagh
residence
address.
On May 28, the Income Tax department sent a notice to Pawan Impex
seeking
details of their business activities, accounts, assets and sources of
funds. But
the legal experts TEHELKA spoke to feel that the matter is more
serious. The
conduct of Justice Sabharwal and his sons appears to involve offences
beyond the
purview of the Income Tax Act.
Legal experts, including Prashant Bhushan, feel that the extent to
which mall
developers funded the asset-acquisition by the Sabharwals needs to be
probed.
Several attempts by TEHELKA to contact Justice Sabharwal for his
response to the
charges went unanswered.
The charges made by the committee underscore the need for a National
Judicial
Commission, an independent body with an investigative arm, which can
look into
complaints against judges. It only stands to reason that the guardians
of the
law come under the purview of the same laws they base their judgements
on.
Justice Sabharwal's Defence Gets Murkier
Senior advocate Prashant Bhushan, part of the eminent panel that
framed
allegations against former Chief Justice of India YK Sabharwal, rebuts
the
retired judge's rejoinder point by point
Using the strategy of a clever and street-smart defence lawyer,
Justice YK
Sabharwal's defence of the serious charges levelled against him
sidesteps the
inconvenient and emphasises the irrelevant to evoke sympathy. To
examine the
adequacy of his defence, we need to see his defence against the
gravamen of each
charge against him.
CHARGE NO. 1 That his sons' companies had shifted their registered
offices to
his official residence.
SABHARWAL'S RESPONSE: That as soon as he came to know he ordered his
sons' to
shift them back.
OUR REJOINDER: This is false. In April 2007, in a recorded interview
with the
Mid-Day reporter MK Tayal he feigned total ignorance of the shifting
of the
offices to his official residence. In fact, the registered offices
were shifted
back from his official residence to his Punjabi Bagh residence exactly
on the
day that the Business Park Town Planners Ltd (BPTP) mall developers
became his
sons' partners, making it very risky to continue at his official
residence.
CHARGE NO. 2 That he called for and dealt with the sealing of
commercial
property case in March 2005, though it was not assigned to him. It is
only the
Chief Justice (CJ)who can assign pending cases to various judges. He
was not the
CJ at that time. Justice Sabharwal does not answer this charge.
CHARGE NO. 3 That he did this exactly around the time that his sons
got into
partnerships with mall and commercial complex developers, who stood to
benefit
from his sealing orders.
HIS RESPONSE: That they were his sons' friends. That Harpawan
Constructors which
was set up by his sons with the mall developer Purushottam Bagheria
did not do
any business. In fact the courts under him got Bagheria's 1 MG road
mall
demolished. That his sons are not developing shopping malls but only
an IT park.
OUR REJOINDER: If so many mall and commercial complex developers were
his sons'
close friends, then he should not have dealt with the case anyway
since that
creates an immediate conflict of interest. Moreover, why should they
go into
partnership with these developers who stood to benefit from Justice
Sabharwal's
orders, and that too exactly at the time when he seizes control of the
sealing
of commercial property case and starts dealing with it. He says that
the company
set up by his sons in partnership with Bagheria has not done any
business. If
so, why was this new company set up for developing commercial
complexes in
partnership with this builder?
In an interview with Zee News, Justice Sabharwal claims credit for the
judiciary
under him ordering the demolition of the illegal 1 MG road mall owned
by
Bagheria. But then why do his sons enter into partnerships with such
an illegal
builder whose buildings have had to be demolished by the Judiciary?
And
immediately after this partnership with the Sabharwals, Bagheria went
on to
announce the construction of "Square 1 mall" in Saket as the most
fashionable
mall in India. And all the fashion designers who had their shops and
outlets at
1 MG road went on to buy space in the Square 1 mall.
What is important to note here is that Bagheria and his partners at 1
MG road
had already parted with all the space on 1 MG.The demolition thus hurt
the
designers and others who had bought shops there, but did not hurt
Bagheria who
may have benefited from it by clearing the land of his tenants and
getting them
to buy space at his new malls in Saket and elsewhere. An IT park is
also a
commercial complex like any other. Many commercial establishments
sealed were IT
centres and BPOs which were forced to buy space in IT parks like that
being
constructed by his sons and their partners.
CHARGE NO. 4 That the Union Bank of India gave a loan of Rs 28 crore
to his
sons' company: Pawan Impex on a collateral of plant and machinery and
other
moveables at the site of their proposed IT park, which were non-
existent.
HIS RESPONSE: That his sons' had a credit facility of Rs 75 crore.
OUR REJOINDER: If that were the case, what was the need for mortgaging
non-existent assets for obtaining this loan? Moreover, the banks'
senior manager
is on record saying that the loan was given on the basis of projected
sales to
prospective customers.
CHARGE NO. 5 That because of the obvious conflict of interest, he
could not have
dealt with this case.
HIS RESPONSE: That his orders have never benefited his sons.
OUR REJOINDER: His orders of sealing lakhs of commercial properties
clearly
forced those establishments to buy or rent space in commercial
complexes like
those that his sons' company were constructing; and shopping malls etc
that
their friends and partners were constructing. There was a clear
conflict of
interest and his orders have clearly benefited his sons and their
partners.
CHARGE NO. 6 That a large number of industrial and commercial plots
were
allotted in Noida by the UP government to his sons' companies, at
prices far
below the market price. In particular, several huge plots were
allotted between
December 2004 and November 2006 by the Mulayam Singh/Amar Singh
government,
while he was dealing with the Amar Singh tapes case, and had stayed
the
publication of those tapes on the behest of Amar Singh.
HIS RESPONSE: That some of the plots were allotted by earlier
different
governments. That the prices were not far below the market price. That
the
allotments were made in the normal course to his sons who were
entrepreneurs and
were providing employment to hundreds of people in Noida.
OUR REJOINDER: The allotments are definitely not in the normal course.
How can
three plots of one acre each be allotted to one company on the same
date? In
fact, these allotments are made at a time when the share capital of
this company
was just Rs 1 lakh and it had no track record of making any IT park or
doing any
business whatsoever. They have been allotted within days of the
application with
no procedure of draw of lots or any other system being followed, other
than a
bogus interview. The rate of Rs 3,700 per square metre was far below
the market
rate, and anybody including us would be happy to buy these plots at
three times
the allotment rate today. The huge plot of three acres, No. 12 A in
Sector 68
(which appears to be carved out later for them) to Sabs Exports in
November 2006
at a throwaway price of Rs 4,000 per square metre is also not in the
normal
course and was similarly made within days of application and a bogus
interview,
without any other system. Moreover, the allotment has been made at a
time when
he was dealing with the Amar Singh tapes case and had stayed the
publication of
the tapes. We would be happy to buy that plot too at three times the
price at
which it was given to them.
CHARGE NO. 7 That his sons have purchased a 1,150-square metre house
in Maharani
Bagh, New Delhi in March 2007 for a consideration of Rs 15.46 crore.
The source
of money for this is unexplained and in the sale deed they seek to
conceal their
relationship with Justice Sabharwal by writing his name as Yogesh
Kumar and
giving their factory address instead of the residential address.
HIS RESPONSE: That 90 percent of the money for the purchase of this
house was
from four banks; that his sons concealed his full name in the sale
deed in order
to avoid taking advantage of their association with him.
OUR REJOINDER: Banks do not normally advance loans of 90 percent of
the value of
a property on its security. Otherwise they would end up holding
inadequate
security if the property prices fall by even 15 percent. If they have
done so in
this case, it is either because of an undue favour as in the case of
the loan of
Rs 28 crore to Pawan Impex, or they valued the property higher than
the declared
purchase price. His explanation for concealing his name in the sale
deed is
hilarious and unbelievable since his sons did not hesitate to use his
official
residence as the registered office of their companies. Moreover, this
was in a
registered sale deed with a private party, where there was no occasion
for
taking any advantage by using his name.
It is therefore clear that Justice Sabharwal is guilty of serious
judicial
misconduct and appears to be prima facie guilty of offences under the
Prevention
of Corruption Act which need to be investigated.
PUBLIC CROSS-EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA
Q1. Why not death sentence to corrupt police who murder people in in
lock-up /
fake encounters ?
Q2. Why not death sentence to corrupt police who apply 3rd degree
torture on
prisoners ?
Q3. Why not death sentence to corrupt police , who connive with
criminals &
backstabs our motherland , it's national security ?
Q4. Don't the police have suo-motto powers to take action in the
interest of
public welfare , law & order ?
Q5. Daily we see numerous reports of misdeeds by police , public
servants ,
industrialists , etc in the media . Then why not police taking any
action with
respect to them ?
Q6. nowadays we see numerous reports of scams , scandals by
constitutional
functionaries , public servants in the media. Instead of wasting
money , killing
time by prolonging formation of parliamentary committees , judicial
commissions
, why not subject those accussed public servants to narco analysis ,
lie deector
test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants
evidences ,
witnesses to take action against the rich & mighty crooks. Where as if
a rich
person just gives a complaint against a poor chap , he is arrested ,
tortured
eventhough there are no evidences , witnesses. Why this double
standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental
rights or
as per RTI ACT , the public servants don't give full , truthfull
information.
Still , police / courts don't take action against those public
servants hiding
crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain
commission
of enquiry or supreme court of india probing late prime minister rajiv
Gandhi
assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news
paper , by
snatching away my job oppurtunities in government service, by
physically
assaulting me , by threatening me of false fix-ups in cases & by
attempts to
murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence
personnel
about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these
injustices ? are not
police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of
witnesses
& all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in
their
family's wealth year after year ?
Q15. While getting appointed into government service from the rank of
peon to
IAS officer , police verification is mandatory. While appointing to
sensitive
defense establishments , research institutes in addition to police
verification
, central intelligence agencies cross-check candidate's background.
However is
there no background checks of constitutional functionaries , MPs ,
MLAs , , who
are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during
presidential
allegations that close relative of one of the front running candidates
have
swindled public money by their bank , misused public money through one
of their
NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world.
In india
, more than half the population are poor , people are starving to
death. Inspite
these background , GOI funded & aided terrorist outfits in former east
Pakistan
ensuring the creation of Bangladesh , GOI has funded & aided terrorist
outfits
like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these
terrorist
outfits have murdered thousands of innocents in those countries. Are
these acts
of GOI just & legal ? Is not GOI responsible for all those murders of
innocents
? has GOI paid any compensation to those victims or their family
mebers ? why
not ?
Q19.within india , to reduce the influence of certain terrorist
groups , GOI has
funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed ,
trained &
funded "salwa judum" to counter naxalites. Salwa judum cadres are
terrorizing
innocents just like naxalites. Is this action of government just &
legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even
where there
are no problems of terrorism , TADA / POTA is being slapped against
innocents ,
even children. In M.M.Hills of Karnataka state , STF personnel charged
tribal
people with TADA on frivolous charges of taking lunch to veerappan ,
stiching
dress for the forest brigand, etc. where as the prominent political,
film ,
sports personalities who have links with underworld , anti national
elements &
attended parties hosted by dawood Ibrahim , other dons in gulf
countries , else
where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully
knowing well
the criminal objectives of criminals , hid the dangerous arms &
ammunition in
his home , which were intended for terrorizing public. However mr.dutt
is not
charged with TADA / POTA instead he is charged with illegal possession
of arms
act ( which is normally applied to farmers who use illegal home made
guns to
scare away animals , birds in their farms ). Why this favourable
treatment of
mr.dutt by police ? prosecution ? is this because dutt is politically
mighty &
rich ?
Q23. Law is one & same for all , the public servants, police
interpretes ,
enforces it differentially between rich & poor ? why this
differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to
international
criminal syndicate selling duplicate nokia mobiles. Every nokia mobile
comes
with 15 digit IMEI number , this number is also used by police for
tracking
criminals. In consumer dispute at consumer disputes redressal forum
Mysore CD
49/05 , nokia company stated that all it's products come with IMEI
number only &
stated that the product in dispute sold by tata indicom dealer M/S
INTOTO
COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI
numbers. Further
nokia stated they don't have any business relationship with either
tata indicom
or it's dealer. However the tata indicom dealer stated that indeed his
products
are genuine , first hand products , but doesn't have IMEI numbers .
this proves
the dealer in collusion with tata company is selling illegal nokia
mobile hand
sets & cheating the public. These mobiles are evading taxes , as well
as these
are without IMEI numbers best buy for criminal elements who want to
evade police
tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to
close a
case ie to file "B" report , when after certain time limit no leads
are found in
investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully
fail to
investigate case properly , so that either the case can be closed with
"B"
report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict
of a
lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court
order
acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does
the
notorious big time rich criminals get spacious barracks with tv, news
paper ,
adequate food , medical care , etc while small time criminals , poor
are crammed
into pig sty like rooms with 60-70 inmates without any basic
requirements ?
Q30. What is the status of my complaint made to the DG & IG of
police ,
government of Karnataka on 10/12/2004 ? the copies of complaint was
released at
press meet at patrakartara bhavan Mysore on same day, even copies were
given to
police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges
to certain
constitutional functionaries , so that they are not burdened with
frivolous
court cases & can concentrate on their constitutional duties. But
these
privileges doesn't cover the individual actions of those public
servants like
rape , murder , dowry harassment , tax evasion , misuse of office ,
etc. but
still law enforcement / police department is bound to send request to
home
ministry seeking permission & home ministry sits over files for
months. This
gives the accussed ample time to destroy evidences. Is it right &
legal ?
Q33. Does legal immunity privileges cover their official actions
alone ? if not
what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the
prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other
people's
representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing
criminal
charges , yearwise since 1987 ? how many of them were eventually
convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have
have
contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by
underworld dons
in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by
police in
various cases . but shown in the police records as absconding but in
reality are
attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she
occupy any
public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or
have a
spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual
citizenship ?
Q44. How do you monitor public servants who have spouses of foreign
origin &
while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister
mr.subramanya
swamy alleging that late P.M rajiv gandhi's family received money from
foreign
intelligence agencies ?
Q47. In many cases like mass riots involving certain political
parties , when
that culprit party comes to power all the cases involving it's
partymen are
withdrawn by the government orelse prosecution fails to prove it's
case &
prefers not to appeal. Just remember Bombay riot case involving shiv
sainiks &
others , when shiv sena – BJP came to power in Maharashtra , all the
cases
against it's partymen were withdrawn. Are these type of decisions by
government
just & legal ?
Q48.what damages has been done to india's national security due to
mole in the
PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in
various foreign
countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police
failures ,
fix-ups , , who suffer in jail for years & acquitted by courts upon
finding them
as not guilty ?
Q54. Do you register murder charges / attempt to murder charges
against guilty
police officers who are responsible for lock-up deaths , fake
encounters & 3rd
degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF
personnel
who were responsible for gross human rights violations , 3rd degree
torture ,
lock-up deaths of innocents in forest brigand veerappan's territory ,
based on
justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do
offer my
conditional services to GOI & GOK to apprehend corrupt public
servants. Are you
ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing
crimes , mass
fury , riots , etc. they suffer more & even their family members
suffer threats
from the criminal elements. Do the government provide insurance
coverage to
police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his
family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to
police who
daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in
public
interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry ,
orderly
duties of ministers ?
Q64. What is the ratio of police personnel to total population in
india since
1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING ,
LIVING
SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING
TO W.H.O
NORMS ?
Q66. Is the forensic science department which conducts narcfo-
analysis ,
lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like
bodies ?
Q68. Is the action of some police officers arranging compromise
meetings &
subtly insisting the poor to tow the line of rich or else face the
consequences
, is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand
veerappan during
his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi
during
narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the
media about
misuse of office , criminal acts by judges from munsiff court to
supreme court
of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such
cases
accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or
has it just
ended with their resignation from services or his superior judge not
allotting
him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their
wrong
doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed /
tainted ,
guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges
including
the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on
sworn
affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher
court ,
what action is initiated against lower court judge for making unjust
judgement &
meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against
judges are
made , why the accussed – judges are not subjected to tests like "poly
graph ,
lie detector , brain mapping , etc" , in the interest of justice &
truth ?
Q85. judges are not employees of government , so they are ineligible
to be the
members of "Karnataka state government judicial department house
building
co-operative society". Then how come , many judges including supreme
court
judges are admitted as members of this society & allotted prime
residential site
worth crores of rupees for a few thousands by the said society at said
society's
– judicial layout , yelahanka , Bangalore ? while the ordinary members
like
peons , clerks in judicial department are waiting for a site since
years , is
not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central
government
or state government or government agency is one of the parties. How
many judges
or their family members , have received out of turn , favourable
allotments of
sites , gas agency , petrol pumps , etc by the government ? is not
such
allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd
degree
torture by police , is not the judge of the respective court which is
handling
that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges &
the police
officers for committing 3rd degree torture , on charges of attempt to
murder &
murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the
candidatures to various vacancies in that court from the public vide
notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish
me the
merit ranking list of selected candidates along with my merit ranking
for the
post of peon.
Q90. registrar , Bangalore city civil court , has called for the
candidatures to
various vacancies in that court from the public vide notification no :
ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list
of
selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while
under police
custody or judicial custody , is not the respective judge dealing that
person's
case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial
custody ,
for periods far exceeding the legally stipulated sentence periods. For
example :
a pick-pocketer is in jail for one year , the judge finds him guilty
of offence
& gives him 3 months sentence. What about the excess punishment of 9
months. Is
not the judge responsible for the illegal , excess punishment of the
convict ?
what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge
finds them
as innocents & acquits them of the charges. What about the prison
sentence , the
innocent has already served ? is not the judge responsible for this
illegal ,
unjust punishment to an innocent ? remedy ? what action against the
judge ?
Q95. does the privileges of judges cover both their official actions &
the
actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions
as judges &
their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges
of judges
, constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from
bar , as the
judges ?
Q100. what is the criteria adopted for appointment of retired judges ,
as
governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled
caste ,
scheduled tribe , other backward classes , minorities & women are
their in
supreme court , state high courts & subordinate courts ? kindly
provide specific
figures .
Q102. what are the legal measures enforced by judiciary , to enforce
the
accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of
affairs of
judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at
the
official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic
drinks , in
their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high
court
judges & newly selected women judges involved in roost resort scandal
in Mysore
, Karnataka ?
Q107. when common people / tax payers & even government employees are
not
getting proper health care from government at government hospitals. Is
it right
& just to provide premium health care to judges , constitutional
functionaries
at 5-star private hospitals in India , abroad , all at tax payer's
expense ?
Q108. are the judges subjected to periodical health check-ups to
ascertain their
health , mental faculties & mental balance in the midst of all work
pressures ,
emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting
applications
seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing
"amicus curie"
in a case ?
Q112. why my appeal to honourable supreme court , to make me as an
"amicus
curie" in late P.M Rajiv Gandhi's assassination case , was not
considered by the
court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-
motto
action ?
Q114. numerous cases of injustices are reported in the media daily ,
with
supporting evidences . why not the judiciary take suo-motto action in
all such
cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal
opinion ,
before providing legal aid to the needy ? is it not needy person's
rights
violation ?
Q116. is not the safety of witnesses , parties in cases responsibility
of the
court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during
the
police custody / judicial custody / prison sentence right ? what
action ?
Q118. when the corrupt police officer & government prosecution
advocate together
cover-up evidences , conducts improper investigation intentionally to
fail the
case – to cover-up rich crooks , high & mighty people , what action
judge takes
in such cases ?
Q119. how does the judiciary monitor the wealth growth of police ,
government
advoctes , tax officials , officials of licensing authorities , to
ensure proper
& fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist
NAGARAJ.M.R.
to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-
judicial
positions like district / taluk magistrates , tax officers , revenue
officers ,
land acquisition officers , etc. how the judiciary monitors over their
quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of
human
rights watch , do offer my free services to honourable supreme court
of India ,
to apprehend corrupt judges , are you – the honourable court ready to
utilize it
?
Q123. what are the status of my appeals , sent to the honourable
supreme court
of India , through government of india's on-line grievance system
( DPG & DARPG
) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/
2006/80021 ,
DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/
2006/80047 ,
DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/
2006/06704 ,
DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/
2006/80162 ,
DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/
2006/80167 ,
DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 ,
DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/
2006/80193 ,
DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/
2007/00164 ,
DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/
2007/80049 ,
DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/
2007/80082 ,
DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India ,
copies of
which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing
crimes – rape
, attempt to murder , swindling government money , untouchability
practice , the
disrespect to national flag , sale of judicial orders , bail , receipt
of
monetary gains by way of royalty for books , prime real estate
purchase at
discounted rate , taking round about long foreign tours along with
family in the
name of official work , etc. by this way , judges themselves are
making contempt
of court , constitution of India & citizens of India. How you are
protecting the
honour of the judiciary , constitution of India & citizens of India ?
please
answer.
Q126. Is the government giving any facilities / affirmative actions to
policemen's family as being given to defense personnel , ex-servicemen
& their
families , like preferential site allotment , lpg agency , ration
depot ,
reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to
national security
is on par with defense forces.
Q127. is not some high police officials addressing their subordinates
in
singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term,
abusing
public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health,
lives of
prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged
an
innocent person of criminal acts , resulting in his confinement in
jail ,
finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such
guilty
police personnel & pay it as compensation to victims of police
failures &
atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign
origin
naturalized by marriage to an Indian or naturalized by option , to
occupy any
constitutional office ?
Q133. during british rule in india & various other british colonies ,
criminal
cases were foisted against our freedom fighters in India & other
british
colonies. After india's independence what happened to those cases ?
did our
Indian government close all such cases or did it continue with the
prosecution ?
Q134. in how many cases GOI & other state government continued with
the
prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash
Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's
colonies , to
face prosecution after India gained independence ? HAS GOI RECEIVED
ANY REQUEST
FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide
information to me as
per my RTI request appeal no : 91 / 2007 in response to your letter
no : F1 /
RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me
information as per
my rti request , he transferred my application to others , in turn
they
transferred the application to some others. Finally , complete
truthful
information was not given , why ? as the union home secretary has got
copies of
all those replies in response to transferred RTI application , will he
send me a
consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court ,
we have
seen how defense advocate mr. R.S.ANAND & prosecution advocate mr.
I.U.KHAN made
a secret pact to win the case in favour of rich criminal , totally
manipulating
prosecution witnesses , evidences & prosecution stand , totally making
mockery
of justice system . how you are ensuring the delivery of justice ,
there being
numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields
enormous clout
more than the Prime Minister himself over the government of India
being the
chair person of UPA. Is she legally permitted to summon confidential
official
records , minutes of the cabinet , to hold the cabinet meeting of
union
ministers ?
Q141. As per law , is she permitted to hold constitutional offices
like prime
minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under
the
constitution (Article 21) ?
Q143. What are the privileges conferred on legislators &
parliamentarians by the
constitution of India?
a) Inside the House b) Outside the House
Q144. What are privileges conferred on constitutional functionaries,
like
a) President of India b) Prime Minister of India
c) Chief Justice of India d) Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal immunity conferred on above mentioned
constitutional functionaries ?
a) Cover all their official actions irrespective of merit.
b) Cover both their official & personal actions.
Q146. Are the privileges defined & codified ?
Q147. Are these privileges above freedom of the press ?
Q148. Are the liberty & fundamental rights of the citizens guaranteed
by the
constitution, above the privileges of the constitutional functionaries
or equal
or below ?
Q149. Can the Indian legislatures & parliament be equated to the House
of
commons in England which is considered to be a superior court and
court of
records ?
Q150. Can the division of powers, namely the legislature, the
executive and the
Judiciary, be equated to the functioning of the House of commons and
House of
Lords in England ?
Q151. Can a citizen be said to have committed breach of privilege of
the House
or court and causing contempt of the house or court by raising the
issues of
accountability of constitutional functionaries ?
Q152. Can a Legislature or Parliament enact a new law, to circumvent
or to
nullify the Judicial orders with respect to wrongdoings by peoples
representatives & executive ? does not it amount to infringement of
Judicial
powers & contempt of the court by the House.
Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than
constitutional
duties of a constitutional functionary or equal in importance to it ?
Q154. Can a constitutional functionary commit crimes, anti-national
activities
in the name of constitutional duties, behind the legal veil of
official's secret
act & go unaccountable for his actions and go unpunished by his legal
immunity
privileges
Q155. Are the Legislators members of parliament, High court & Supreme
court
Judges and other constitutional functionaries not willing to codify
their
privileges for the reason that if codified their privileges would be
curtailed
and their action would be subjected to legal scrutiny. ?
Q156. By votes of citizens Legislators and parliamentarians get seats
in the
legislature and Parliament out of tax payer's money, they get their
pay, perks &
lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is
above
(More valid) or a seat of legislator or parliamentarian is above or
more valid
in a democracy ?
Q157. Judges & Constitutional functionaries are indirectly appointed
by voters /
tax payers. Out of tax payers money, they get their pay, perks & lead
5-star
luxurious lifestyles. Hence, whether the vote of a citizen,
fundamental duties
of a tax payer is above (more valid) or a seat of judge /
constitutional
functionary is above (more
valid) in a democracy ?
Q158. If there is a vacuum in the Legislature or parliament, who is to
fill up
that vacuum till such time that the legislature or parliament acts
provide a
solution by performing its role by enacting proper legislation to
cover the
field (vacuum) ?
Q159. While it is an unhealthy practice for a Judge to claim to be a
Judge in
his own cause, is it not worse for the members of the legislature and
parliament
to be judges in their own cause ?
Q160. Are the Technicalities of the case more important to a judge or
Justice to
a citizen, protection of fundamental rights of citizen.?
Q161. Why not the constitutional functionaries initiate suo moto
action with
respect to numerous cases of injustices reported in Media ?
Q162. Why not the Judges admit various cases of Injustices affecting
public, as
the Public Interest Litigation" ? In some cases, the Public or the
person
representing them is unable to afford the high cost of the case. Why
not free
legal aid is given ?.
Q163. What is the criteria for admitting a P.I.L. & giving free legal
aid ?
Q164. Communication – free flow of information is the lifeline of a
democracy.
Why the constitutional functionaries are not honouring the Right to
Information
of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of
Karnataka
, justice. P.D.DINAKAR , gave a blanket withdrawal of all internal
departmental
enquiries against approximately 200 judges , is it just & legal ? give
me the
names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty
judges ?
Q168. Why you did not give information to me as per RTI Act inspite of
appeal ?
refer. F1/RTI/A91/2007.
History of Corruption in Indian Judiciary since Independence: 1947 -
2003
1949: Mr. Justice Sinha only Judge impeached; courtesy Good Judges &
Constitution Framers: Our Fore-Fathers represented by Constituent
Assembly of India framers of Constitution of India then in 1949 (year
before Consitution came into existence) impeached Mr. Justice Sinha;
finding him "guilty of improper exercise of Judicial functions, the
cumulative effect of which was to lower the dignity of his office and
undermine the confidence of the public in the administration of
justice…" [008.07].
Such/ similar acts/ behaviours by whom-so-ever including Judges is
since 1971 is covered as an act of Criminal Contempt of Court [041.05
]. Not a single Judge is either Impeached or hauled-up for Contempt
till 1991.
Peoples' Inner Hope Courts to maintain their Majesty & Dignity will
prosecute 1000 Judges in context, who have tarnished & undermined the
Fair image of Judiciary.
Let Judges relish Jail for months if not years ; to asses personally
the convinences-N-comforts provided even to innocent citizens or
persons who were not having Rs. 100 to give as Bail. Then they will be
in better position to Transform Jails into Reformation Centres.
Jailing corrupt Judges by Judges , we hope will instill confidence of
people in Courts & law. Who-is-who of India then only will scare to
get into any scam nor Criminals will think of becoming Legislators.
1979 : Chief Justice Mr. K. Veeraswami ; Chief Justice of India
permitted Central Bureau of India to file case of Dis-proportionate of
Income / wealth against Chief Justice Madras High Court Mr. K.
Veeraswami ( father-in-law of Mr. Justice V. Ramaswami ). 30 years
elaped. Sheltered by Courts' easy-go-tactic. [049.04] [059.05 ]
1991-93: Mr. Justice V. Ramaswami ( son-in-law of Chief Justice Mr. K.
Veeraswami [049.04 ] ) : SAWANT COMMITTEE REPORT had held he is guilty
of several charges. Supreme Court of India also upheld guilty of 3-4
charges ; & recommended to Parliament for further action.
Parliamentarians failed in their Duty to Impeach the Sitting Judge of
Supreme Court Mr. Justice V. Ramaswami ; not rising to the Heights of
Eminent Constitution makers ; but chose to have unholy alliance with
Corruption in Judiciary vis-a-vis Legislature & Government.[008.00 ].
Supreme Court which upheld Charges of Mis-Behaviour also , we opine ,
failed to prosecute him under Contempt of Court Act & relevant Laws .
It also failed " To Do Complete Justice" by invoking Article142 .
Criminal Judge was allowed to go scot-free; both by Parliament &
Supreme Court !
Good precedent for other Judges ? If so What kind of message to
we-innocent-Citizens ? For almost complete proceedings in SC &
Parliament: [008.00 ]
1995 A.M. BHATTACHARJEE: The chief justice of the Bombay High
Court was forced to resign in 1995 after it was found that he had
received Rs.70 lakh as book advance from a publishing firm known to
have links with the underworld.
1996 AJIT SENGUPTA: The Calcutta High Court judge made it a
routine to issue ex parte, ad interim stay orders on anticipatory bail
pleas from smugglers having links with the Mumbai underworld. He was
arrested in 1996 for FERA violations after retirement
1994 to 1997: A.M. AHMADI: When he was Chief Justice of India
(October 1994-March 1997), his daughter, a lawyer in the Delhi High
Court, caused eyebrows to be raised for getting "special" treatment
from certain judges. When some members of the bar sought a resolution
banning lawyer relatives of judges from staying in the same house, the
CJI got members to defeat the motion.
2000 A.S. ANAND: As Chief Justice of India. (a) He was accused of
using his position to get the subordinate judiciary to rule in favour
of his wife and mother-in-law in a suit that had been barred by
limitation for two decades.For more: [049.05] [049.05A] [049.05B]
[049.05C] [049.05D] [049.05E ] called as TANGLED PLOT. Also read Ram
Jethmalani's " BIG EGOS, small men ". (b) Supreme Court , while he
was CJI,directed a CBI probe after a dispute arose over his age in
2000. The investigation report was not made public.This arose due to
scan copy published in Ram Jethmalani's " BIG EGOS, small men ".
2002: SEX FOR ACQUITTAL
In November 2002, Sunita Malviya, a Jodhpur-based doctor, alleged that
a deputy registrar of the Rajasthan High Court had sought sexual
favours for himself and for Justice Arun Madan to "fix" a case in her
favour. Justice Mr.• Arun Madan . Case of Lady Sunita Malviya.STATUS:
A committee set up by former CJI G.B. Pattanaik found prima facie
evidence against Madan, who does not attend court anymore. Judge
Resigned
CASH-FOR-JOB :Three judges of the Punjab and Haryana High Court sought
the help of disgraced PPSC chief R.P. Sidhu to ensure that their
daughters and other kin topped examinations conducted by the
commission . Judges are M.L. Singh , Mehtab Sing Gill & Amarbir Singh
STATUS: Two inquiry panels indicted the judges. Gill and Amarbir Singh
have resigned M.L. Singh continues, though no work is allotted to him.
2002-03: 3 Judges Mysore Sex Scandal ( alleged ) : On Sunday, November
3, 2002, three judges of the Karnataka High Court, along with two
women advocates, allegedly got involved in a brawl with a woman guest
at a resort. The police arrived but reportedly didn't take action.
Judges are N.S. Veerabhadraiah , V. Gopalagowda &• Chandrashekaraiah
.STATUS: The three-judge inquiry committee appointed by the CJI filed
its report. Gave clean chit.
March 2003 - Delhi High Court Judge resigns: Suspected of collusion
with Property Developers. Raids by CBI on corrupt higher officials in
Delhi Development Authority (DDA), found Draft Judgement-N-Court
Records
________________________________________
E(I)nquiry-in-camera or In-House Inquiry was & is contrary to Law . Is
ultra vires Article 14 of Constitution of India: " The State shall not
deny to any person equality before the law or the equal protection of
the laws within the territory of India"
Following Questions / Issues, inter alia , arise
( a ) Enquiry in-camera was held contrary to the observations made by,
Constituent Assembly of India in 1949. In its' Impeachment Order had
held thus:"While we are alive to the desirability, in the interests of
the public, of investigating charges against a Judge in open court, we
held the Enquiry in-camera in view of the allegation made in the
affidavits and the circumstances of the case. This mode of proceeding
should not, however, be regarded as a precedent." [008.07 ].
( b) In the case of similar In-House Inquiry held under the Orders of
Chief Justice of India in Jusice V. Ramaswami's case , Justice
Ramaswami had held that " Inquiring Committee" as well as " Inquiry"
have no basis & force of law. It is reflected in the Report , which
was read-out by CJI to Advocates & publicised , submitted by 3 Judges
Committee thus" Indeed Justice Ramaswami had made it clear to the
Chief Justice that he did not recognise any such Jurisdiction in any
body or authority."
(c) It will not be out-of place to mention here that Two of "Three
Judges Committee " appointed by CJI in Re. V. Ramaswami's case are
alleged to be involved in Judges Plot 4 Plot.[014.00]. It is like
Criminal investigating another criminal .
( d ) If so how sure can we be that " 3 Judges Committee " appointed
to invetigate " 3 Judges Mysore Sex Scandal " were un-biased or were
above Board & have presented an accurate Report ?
Queries to Supreme Court , Parliament of India & Central Government
In Re. Judges' Mysore Sex Scandal
( a)" Will the Supreme Court Publicise Report of " 3 Judges Committee
" ( all & sundry material); morefully to know whether any evidence
adduced by many in support of Scam is informed to CJI & Supreme
Court ?
(b) What is the Guarantee that despite prima facie evidence Judges of
Supreme Court which consists of Few corrupt Judges seved in Karnataka
are not inclined to take stern action ?
(c) Investigation of a Crime comitted by Minister or anyone lies
within Executive Domain like the case Justice K.Veeraswami, in this
case CBI . Is it not a case of hushing-up & messing-up of " 3 Pillars
of Constitution " ?.
(d) How long will you try keeping suppressed Crimes of Judges of
Supreme Court & High Courts when Union Law Minister Mr. P. Shiva
Shankar , on 28th Nov.1987 said " Supreme Court is filled with FERA
violators & Bride Burners…" ( AIR 1988 SC 1208 ). When Chief Justice
Of India Justice E.S. Venkataramaiaha admits that "in every High Court
there are 3-4 Judges who are out every evening to Party in Foreign
Embassiies or at Advocates' places…drink…dine…" (1990 Cr LJ 2179
) [041.09].
(e) 20% of Judges are corrupt , indirectly said Chief Justice of India
Mr. Justice S.P. Bharucha , in other words admitted that 80% of Judges
of India are not corrupt & are above board to be bribed or influnced ?
Then why cases are not filed against 20% of Judges ?
________________________________________
India Together: New law needed for witness protection, from Volume 4,
Issue
1, of Combat Law
New law needed for witness protection
There is an urgent need to bring forth a bill of right to preserve
and
protect victims' and witnesses' rights, and due process. This is
necessary
to ensure that such persons participate in the legal process without
fear,
so that justice can be assured, says H Suresh.
Combat Law, Vol. 4, Issue 1 - On 8th August 2003, in the case of
National
Human Rights Commission v. State of Gujarat, the Supreme Court
regretted
that "no law has yet been enacted, not even a scheme has been framed
by the
Union of India or by the State Government for giving protection to
the
witnesses." Later on in the case of Zahira v. State of Gujarat, while
transferring what is known as the Best Bakery Case, to Mumbai by its
Order
dated 12th April, 2004, directed: "The State of Gujarat shall also
ensure
that the witnesses are produced before the concerned court, whenever
they
are required to attend them, so that they can depose freely without
any
apprehension of threat or coercion from any person. In case any
witness asks
for protection, the State of Maharashtra shall also provide such
protection
as deemed necessary, in addition to the protection to be provided for
by the
State of Gujarat."
Between August 2003 and April 2004, neither Gujarat nor Maharashtra
had
framed any witness protection scheme. The Supreme Court itself did
not spell
out any guidelines for witness protection in either of these two
cases. The
erstwhile trial in Gujarat was an 'over-hasty stage-managed, tailored
and
partisan trial.' The worst culprit was the State of Gujarat itself
and all
its agencies. The censure and the reprimand, were all directed
against the
State and its modern day Neros. "When fences start to swallow the
crops, no
scope will be left for survival of law and order or truth and
justice.
Public order as well as public interest become martyrs and
monuments." It is
unfortunate that the State of Gujarat itself was entrusted with the
responsibility of protection to the witnesses, as the case stood
transferred
to Maharashtra. The witnesses now are in the same predicament as
before, in
the re-trial that is going on in Mumbai.
It is said that, in India, in most of the cases involving rich
influential
persons or corrupt politicians, crucial witnesses turn hostile,
making the
rule of law, a mockery. Very often witnesses become untraceable.
Sometimes
they are just eliminated.
Recommendations by Commissions
The Law Commission in its 14th Report (1958) referred to
'witness-protection', but that was in a limited sense. That related
to
proper arrangements being provided in the Courthouse, the scales of
travelling allowance, their daily allowance etc. The National Police
Commission Report (1980) again dealt with the inadequacy of daily
allowance
for the witnesses, but nothing more. The 154th Report of the Law
Commission
1996 contains a chapter on Protection and facilities to Witnesses.
The
recommendations mostly related to allowances and facilities to be
made
available for the witnesses. However, one of the recommendations was:
"Witnesses should be protected from the wrath of the accused in any
eventuality", but, again, the Commission did not suggest any measures
for
the physical protection of witnesses. The 178th Report of Law
Commission,
again, referred to the fact of witness turning hostile, and the
recommendations were only to prevent witnesses from turning hostile.
The
Report suggested an amendment to insert S.164 A to the Code of
Criminal
Procedure, as under:
164 A (1) Any police officer making an investigation into any offence
punishable with imprisonment for a period of ten years or more (with
or
without fine) including an offence which is punishable with death,
shall in
the course of such investigation, forward all persons whose evidence
is
essential for the just decision of the case, to the nearest
Magistrate for
recording their statement.
(2) The Magistrate shall record the statements of such persons
forwarded to
him under sub-section (1) on oath and shall keep such statements with
him
awaiting further police report under Section 173.
(3) Copies of such statements shall be furnished to the investigating
officer.
(4) If the Magistrate recording the statement is not empowered to
take
cognizance of such offence, he shall send the statements so recorded
to the
magistrate empowered to take cognizance of the case.
(5) The statement of any person duly recorded as a witness under sub-
section
(1) may, if such witness is produced and examined, in the discretion
of the
court and subject to the provisions of the Indian Evidence Act, 1872,
be
treated as evidence.
No Government has accepted this. The latest is Malimath Committee
Report
which contains a casual statement that a law should be enacted for
giving
protection to witnesses and their family members, without specifying
any
provision or scheme whatsoever.
It is ironic that draconian laws like Terrorist and Disruptive
Activities
(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,
provided for
protection of witnesses. The prosecution as also the Court could
direct that
the identity and the address of the witness be kept secret. The Court
could
even avoid the mention of the names and addresses in its order or
judgement.
It is generally perceived that these provisions were incorporated not
with
any concern for the witnesses, but to prevent the accused from
preparing an
effective defence and to deny fair trial.
In India, in most of the cases involving rich influential persons or
corrupt
politicians, crucial witnesses turn hostile, making the rule of law,
a
mockery.
Under S.151 and 152 of Indian Evidence Act, 1872, victims and
witnesses are
protected from being asked indecent, scandalous, offensive questions,
and
questions intended to annoy or insult them. Otherwise, there is no
other
provision for protection of witnesses, as against threats,
intimidation or
any inducement whereby they are prevented from telling the truth.
Very
often, when an accused is released on bail, one of the terms and
conditions
imposed by the Court on the accused, is that he shall not tamper the
evidence, or approach the witnesses. This, again, is not as a
provision for
protection of the witnesses, but only to ensure the trial is not
rendered
infructuous. Judges also hold in-camera trials to ensure deposition
by
witnesses without any fear or embarrassment. Recently the Supreme
Court has
permitted recording of evidence by video-conferencing. All these are
inadequate without a specific legal provision guaranteeing protective
measures to victims before the trial and also after the trial.
International Laws
Under the English law, threatening a witness from giving evidence, is
contempt of Court. So also any act of threat or revenge against a
witness
after he has given evidence in Court, is also considered as contempt.
Recently the U.K. Government has a law known as Criminal Justice and
Public
Order Act, 1994 which provides for punishment for intimidation of
witnesses.
S.51 of the Act not only protects a person who is actually going to
give
evidence at a trial, but also protects a person who is helping with
or could
help with the investigation of a crime. Under a similar law in
Hongkong,
Crimes Ord (Cap 200) HK, if the threat or intimidation is directed
even as
against a friend or relative of the witness, that becomes a
punishable
offence.
In the United States, the Organised Crime Control Act, 1970 and later
the
Comprehensive Crime Control Act, 1984 authorised the Witness Security
Program. The Witness Security Reform Act, 1984 provides for
relocation and
other protection of a witness or a potential witness in an official
proceeding concerning an organised criminal activity or other serious
offence. Protection may also be provided to the immediate family of,
or a
person closely associated with, such witness or potential witness if
the
family or person may also be endangered on account of the
participation of
the witness in the judicial proceeding.
The Attorney General takes the final decision whether a person is
qualified
for protection from bodily injury and otherwise to assure the health,
safety
and welfare of that person. In a large number of cases, witnesses
have been
protected, relocated and sometimes even given new identities. The
Program
assists in providing housing, medical care, job training and
assistance in
obtaining employment and subsistence funding until the witness
becomes
self-sufficient. The Attorney General shall not provide protection to
any
person if the risk of danger to the public, including the potential
harm to
innocent victims, overweighs the need for that person's testimony. A
similar
program is in Canada under Witness Protection Act, 1996. The purpose
of the
Act is "to promote law enforcement by facilitating the protection of
persons
who are involved directly or indirectly in providing assistance in
law
enforcement matters" [Section 3]. Protection given to a witness may
include
relocation, accommodation and change of identity as well as
counselling and
financial support to ensure the security of the protectee or to
facilitate
his becoming self-sufficient. Admission to the Program is determined
by the
Commissioner of Police on a recommendation by a law enforcement
agency or an
international criminal court or tribunal [Sections 5 and 6]. The
extent of
protection depends on the nature of the risk to the security of the
witness,
the value of the evidence and the importance in the matter.
The Australian Witness Protection Act, 1994 establishes the National
Witness
Protection Program in which (amongst others) the Commissioner of the
Australian Federal Police arranges or provides protection and other
assistance for witnesses [Section 4]. The witness must disclose a
wealth of
information about himself before he is included in the Program. This
includes his outstanding legal obligations, details of his criminal
history,
details of his financial liabilities and assets etc. [Section 7]. The
Commissioner has the sole responsibility of deciding whether to
include a
witness in the Program.
The Witness Protection Act, 1998 of South Africa provides for the
establishment of an office called the Office for Witness Protection
within
the Department of Justice. The Director of this office is responsible
for
the protection of witnesses and related persons and exercises control
over
Witness Protection Officers and Security Officers [Section 4]. Any
witness
who has reason to believe that his safety is threatened by any person
or
group or class of persons may report such belief to the Investigating
Officer in a proceeding or any person in-charge of a police station
or the
Public Prosecutor etc. [Section 7] and apply for being placed under
protection. The application is then considered by a Witness
Protection
Officer who prepares a report, which is then submitted to The
Director
[Section 9]. The Director, having due regard to the report and the
recommendation of the Witness Protection Officer, takes into account
the
following factors, inter alia, [Section 10] for deciding whether a
person
should be placed under protection or not:
The nature and extent of the risk to the safety of the witness or
related
person.
The nature of the proceedings in which the witness has given evidence
or may
be required to give evidence.
The importance, relevance and nature of the evidence, etc.
In European countries such as Italy, Germany and Netherlands, the
Witness
Protection Programme covers organised crimes, terrorism, and other
violent
crimes where the accused already know the witness/victim.
It is ironic that draconian laws like Terrorist and Disruptive
Activities
(Prevention) Act, 1987, and Prevention of Terrorism Act, 2002,
provided for
protection of witnesses.
A comprehensive witness protection programme is in the Philippines.
The
law, the Witness Protection Security and Benefit Act, aims to protect
witnesses and grant them certain rights and benefits to ensure their
appearance in investigative bodies/court. Protection is given to
witnesses
in cases involving grave offences. Sometimes protection could be
given to a
person who has participated in the commission of a crime but desires
to be a
witness for the State (such as approvers). Before a person is
provided
protection under this Act, he/she shall first execute a Memorandum of
Agreement with the Secretary of Department of Justice, which shall
set forth
the witness' duties and responsibilities such as, but not limited to,
the
following:
To testify before and provide information to all appropriate law
enforcement
officials concerning or arising from the activities involved in the
offense
charged;
To avoid the commission of a crime;
To take all necessary precautions to avoid detection by others of the
facts
concerning the protection provided him under the Act;
To comply with legal obligations and civil judgements against him;
To cooperate with respect to all reasonable requests of off1icer and
employers of the Government who are providing him protection.
To regularly reform the program officials of his current activities
and
address;
To comply with such other conditions as may be imposed by the
Secretary of
Justice.
Once a person/witness has been accepted under the witness protection
program, he/she shall have the following rights and benefits:
To have a secure housing facility or, when circumstances warrant, to
relocation and/or change of personal identity at the expense of the
Program.
To have a means of livelihood and financial assistance from the
Program for
his support and that of his family.
Not to be removed from or demoted in work provided his/her employer
is
notified through a certification to be issued by the Department of
Justice.
Further, he/she shall be paid his/her equivalent salaries or wages
corresponding to the number of days of absence.
To be provided with reasonable travelling expenses and subsistence
allowance.
To be provided with free medical treatment, hospitalisation and
medical
expenses.
If a witness is killed because of his participation in the Program,
his/her
heirs shall be entitled to a burial benefit of not less than Ten
Thousand
Pesos P10,000.00 exclusive of any other benefit he may be entitled
under the
Program.
In case of death or permanent incapacity, his minor or dependent
children
shall be entitled to free education from primary to college level in
any
state or private school, college or university as may be determined
by the
Department of Justice. However, if the witness covered by the scheme
fails
or refuses to testify, he would be liable for contempt and also for
perjury,
if he testifies falsely or evasively.
International Criminal Court
The need for setting up separate victim and witness protection units
in the
trial of mass crimes has been acknowledged in the setting up of
international tribunals to deal with them. The International Criminal
Tribunal for Rwanda has formulated rules for protection of victims
and
witnesses. Similar provisions exist in the Statute for the creation
of an
International Criminal Court (ICC). In most of the cases, witnesses
are the
victims of the crime. And the most vulnerable amongst them are women
and
children. Under the existing system they are mere pawns in a criminal
trial
and there is very little concern for protecting their real interests.
The
protection is necessary so that there is no miscarriage of justice;
but
protection is also necessary to restore in them, a sense of human
dignity
which stands shattered in a situation like Gujarat carnage.
The Declaration of Basic Principles of Justice for Victims of Crime
and
Abuse of Power was adopted by the United Nations General Assembly in
resolution 40/34 of 29 November 1985. According to the first
paragraph of
this declaration, victims of crime are described as persons who,
individually or collectively, have suffered harm, including physical
or
mental injury, emotional suffering, economic loss or substantial
impairment
of their fundamental rights, through acts or omissions that are in
violation
of criminal laws operative in Member States, including those laws
proscribing criminal abuse of power. It is they who need protection.
Urgent Need for a Law
As it is, as we have seen in Best Bakery case, the person who is most
likely
to suffer is Zahira, herself. She had seen the crime; she had seen
the
criminals, but when time came for her to be bold enough to depose
before the
Court, she found that she was in an atmosphere which was wholly
hostile to
her - the prosecutor, the defence lawyer, the accused, the supporters
of the
accused - perhaps the judge whom she was not sure of. The trial
became a
mockery. Later on, when she was resurrected by the efforts of well-
meaning
N.G.Os, and the Supreme Court transferred the case to Mumbai,
apparently
there was a feeling that justice will be done to the victims.
Unfortunately,
she is again caught in the same quandary. So, again she becomes a
hostile
witness, liable for perjury and also liable for contempt of court. Is
there
any legally just and fair solution for this conundrum of these events?
Protection is also necessary to restore a sense of human dignity
which
stands shattered in a situation like Gujarat carnage.
Therefore, there is an urgent need to bring forth a bill of right to
preserve and protect victims'/witnesses' rights, justice and due
process.
Such a bill should include the following: To be treated with
fairness,
respect, and dignity, and to be free from intimidation, harassment,
or
abuse, throughout the criminal justice process.
To be informed, upon request, when the accused or convicted person is
released from custody or has escaped.
To be present at and, upon request, to be informed of all criminal
proceedings where the accused has the right to be present.
To be heard at the time of the granting of bail to the accused and
sentencing.
To confer with the prosecution, after the crime against the victim
has been
charged, before a criminal court.
To receive prompt restitution from the person or persons convicted of
the
criminal conduct that caused the victim's loss or injury.
To be heard at any proceeding when any post-conviction bail from
judicial
custody is being considered by a competent court of law.
To a speedy trial and prompt and final conclusion of the case after
the
conviction and sentence.
To frame rules and provide for a witness protection programme which
will
remain in force not only before the trial, but also thereafter. The
rules
should also provide for recording of evidence of such witnesses,
immediately
on filing the charge-sheet, de-bene-esse-, while the rest of the
trial could
be held in due course. Since tele-conference has been recognised,
such
witnesses could be examined and cross-examined through tele-
conference
methods. AND above all,
To be informed of victims' constitutional rights.
H Suresh
Combat Law, Volume 4, Issue 1
April-May 2005
(published May 2005 in India Together)
H Suresh is a retired judge of the Mumbai High Court.
PROTECTION OF WITNESSES IN CRIMINAL CASES
o JESSICA LAL MURDER CASE & GUJARATH RIOTS
In the 7 year old jessica lal murder case , all the accussed –
children of rich & mighty have gone scot free , for lack of both
prosecution & witnesses. The culprits have forced the witnesses to
remain silent through the use of muscle & money power. The
investigating police official, from the beginning has done roughshod
work & also have played a role in silencing witnesses. I.O MORE RICHER
NOW? PROMOTIONS? The presiding judge of the court has overlooked many
omissions & commissions by the prosecution and in a hurry closed the
case , acquitting all the accussed. Reward for judge – promotion as
high court judge. In this way, the police-prosecutor-judge were
together ganged up against the victim from the beginning. Also, the
witnesses were afraid of brute muscle power of rowdies & rowdies in
khaki uniform.
Now, take the gujarath riots case. In the first place riot took place
under the active patronage of gujarath state government machinery.
Naturally the police , prosecutors & judges in gujarath were against
the riot victims & closed one case after another, acquitting the
guilty. However the apex court got transferred riot cases out of
gujarath , under public pressure. However, even the apex court failed
to instill confidence , in the prime witness of best bakery case , the
apex court failed to positively reassure the witness of her safety &
livlihood. As a result , out of fear she became hostile- went on
changing her statements.
In this manner, numerous low profile cases involving commonman are
buried , witnesses silenced by the corrupt nexus of police-prosecutor-
judge. They don't even draw media attention as they are low profile.
Drastic reforms of criminal justice system in india is needed.
Punishing the hostile witness is not the solution. Accountability of
investigating officers , police , prosecutors & judges is needed.how
come some police officials , public prosecutors & judges are leading
luxurious lifestyles, beyond the scope of their legal income?
Recently in the media there was mention of a C.D of alleged
conversation between samajvadi party M.P mr.amar singh & U.P chief
minister , about influencing a high court judge & fixing a case. This
is the way our judiciary functions in india. Rewards for corrupt
judges – out of turn promotions, post retirement postings , postings
to kith & kin , land allotments , etc.
Accountability of judiciary & investigating agencies is the need of
the day. Let us start with polygraph tests for I.O , POLICE , PUBLIC
PROSECUTOR & JUDGE of jessica lal murder case.
Reproduced from The Times Of India August 16, 2007 page10
We do frame people, says NCB official
Sub-Inspector Tell HC How They Plant Drugs On Innocents
Abhinav Garg / TNN
New Delhi:It's been suspected by many, but confirmation of the police falsely implicating people by planting drugs on them has now come from the policeman himself who has been accused of planting drugs on two innocent people.
Sub-Inspector Ranbir Singh of the Narcotics Control Bureau (NCB) admitted at the Delhi High Court that testing kits for checking banned drugs wereoften defective. What's more officers often replaced the recovered substance with lethal drugs in order to implicate them. A shocked court has summoned the NCB director to explain the charge.
Ranbir is himself tainted of this grave abuse of authority. There is an FIR against him for falsely implicating rwo persons under the harsh Narcotics Drugs and Psychotropic Substances act. He claimed to have recovered 100gm heroin from them which later turned out to be harmless paracetomal powder.
The officer is now seeking to get the FIR quashed and in his defence has claimed that he was not the only one who framed people, several other officers did the same.
The Judge has also summoned the Kamala Market Narcotics Cell in-charge from whose area Singh allegedly picked up the two persons.
The Director and the Cell in-charge will have to explain before the court as to how these two innocents were booked and thrown into jail when two forensic reports clearly stated that the substance in question was paracetomol.
The case in which Singh is involved took place in March last year. Gyanender and Santosh were arrested by him for alleged possesion of heroin. The substance was sent for testing to two CFCL labs-one in Rohini and the other in Chandigarh- and both labs reported back that the powder was'nt heroin but just parecetomal.
After this came to light, the additional sessions judge hearing the case acquited the two men and recommended that an FIR be lodged against Singh as the two undertrials had to languish in jail because of the wanton abuse of authority.
The high court, while hearing a petition filed by Singh seeking quashing of FIR against him found it intriguing that even when the investigating team is equipped with "field testing kit" to test the contraband, they had mistaken paracetomal powder for heroin. Upon which Singh revealed that kits were often defective and that officers also changed the actual recovered substance with banned contraband.
Edited, printed , published , owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017 INDIA … cell :09341820313
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