FALL OF THE LAST SENTINEL - INDIAN JUDICIARY

e –Voice Of Human Rights Watch – e-news weekly Spreading the light of humanity & freedom Editor: Nagaraj.M.R....vol.3…issue.24......25/08/2007

Editorial : THE FALL OF THE LAST SENTINEL 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.

TO WHOM SHOULD WE TURN FOR JUSTICE ? WHERE IS PEOPLE'S SELF RULE - DEMOCRACY IN INDIA ,when a citizen is denied of simple information about corruption charges against judges. there are even chances of misuse of contempt proceedings by the judiciary against the seeker of justice. all these misconducts of the ministers,public servants & the judges are aiding the anti socials & in a way acting as catalyst for the growth of terorrism and insurgency in india. HOWEVER THE SAVING GRACE IS THERE ARE STILL A FEW HONEST , SINCERE PERSONS WORKING IN THE INDIAN JUDICIARY, LEGISLATIVE & THE EXECUTIVE. this is an appeal for those few & the enlightened citizens to work together to build a strong ,united & secular INDIA. JAI HIND. VANDE MATARAM.

YOUR’S SINCERELY,

NAGARAJ.M.R.

INDIA: Sixty years of transformation from a colony into a dysfunctional state by AHRC

Sixty years before India took a quantum leap in its history from being a colony to that of an independent nation. Soon it was a declared to be a democratic, socialist republic. Wheels of administration started turning in a different direction where administration meant no more exploitation, but managing a country and directing its people to a better destiny.

The oiling and greasing of these wheels were handled by people who had some or even little experience in maintaining a system to cater the interests of the people. Yet the administration did not buckle and the people trusted in it. Six decades since then the administrative machinery in India appears to have lost its direction and the confidence it once enjoyed and expected from the people.

The state of affairs in India as of today concerning its civil administration and the other pillars of democracy is similar to the psyche of a raging mob. There is no control or discipline whatsoever. Wherever and to whatever the mob turned its attention to destruction is the certain and immediate result. When such destruction, in the Indian context, is state sponsored, the damages are irreparable.

The union government of India while is busy of custom tailoring a government that could hold power for the rest of its term and probably to return to power for yet another term, their counterparts in the states are engaged in similar exercises within their jurisdictions. For this every cards available are being used. Caste, religion and money are constantly used for gerrymandering administrative decisions. The police, prosecution and judiciary are misused to keep the protesting voices at bay.

The three pillars of democracy - the judiciary, executive and legislature in India as of today paints the picture of complete disfunctionalism. The judiciary in India which was considered once as an independent voice is no more considered so. The judiciary which once played a decisive role reining the powers of the government whenever the government tried to depart from the democratic process, has now lost the trust of the people.

A court system that had responded by appreciating public interest litigations have now stooped down to a stage where the courts itself are asking the public to settle disputes outside the court. The courts in India have compromised its legitimacy and values of impartiality for mere survival. This compromise is now being forced upon the people by the courts themselves being advocates of out of court settlement by way of alternate dispute resolution for almost everything currently under the judicial realm.

More and more the ordinary people shy away from approaching the courts in India. This is because of the inordinate delay in deciding cases and also due to lack of transparency in the courts’ own actions. There is also a demonstrable change in the attitude of the judiciary towards people’s cause.

The court that once said the state has a duty to provide adequate housing to the people in the Bombay Municipal Corporation case has taken u-turn by justifying forced evictions in its recent judgments. While the courts have a change in attitude towards addressing the ordinary people’s concern about state neglect, the courts itself are victims of neglect by the state. Thousands of cases are pending decision before the various courts in India due to pure lack of proper infrastructure.

The executive also have demonstrated through their lack of action and brute intervention that they are no more people centric. A direct result of a failing executive machinery is the alarming number of starvation deaths in India. India as of today does not face a food crisis. However thousands in India die from acute starvation and malnutrition. One tenth of the country’s population goes to bed hearing the cries of their children for food. Starvation and malnutrition is a direct result of executive malfunction. Deaths from starvation are gruesome examples of how a failed executive forces death upon the people it is supposed to serve.

Yet another limb of the executive, the police and other law enforcement agencies are used by the state not as a segment of the service sector, but as an agency to impart fear upon the people. The extra judicial killings by the armed forces in Manipur and the clampdown of human rights work in states like Rajasthan, Chhattisgarh and Gujarat are examples. As of today engaging in human rights work in any of these states, including the Northeastern states is as good as declaring war with the state. Human rights activists are seen not as a support mechanism for the people but as anti-state activists. The continuing detention of Dr. Binayek Sen in Chhattisgarh state is just one example.

Corruption in public life has not hit such high levels at any point of time in India. The elected representatives that allege that they represent people’s consensus in fact now represent corporate, religious or other partisan interests. Given the affinity of various political party leaders in India to fundamentalist religious interests, India can hardly be referred to as a secular country. Volatile and provocative statements made by political party leaders raising unwarranted suspicion upon minority communities and the legislative process they have initiated whenever they had an opportunity is a scary example for this.

What cost has India paid in mismanaging affairs to this extent? Probably there are more Indians living in India now under fear than prior to 1947. India has lost many times more lives after independence than in its fight for independence. As of today, India is a country of contradictions.

While the middle class and the neo-rich community tries to fortify their riches and their holds in places of authority, a major portion of the country’s population suffer from acute poverty and starvation. With its abundance of resources and possibilities India need not be what it is now.

Beyond the landscapes of crowded cities and special economic zones the rural India as of today suffers from the pitfalls of a dysfunctional state. Sixty years since independence, India has reduced itself to a country that is continuously failing in addressing the needs of its people - a transformation from a colony to a dysfunctional state.

APPEALS TO THE HONOURABLE CHIEF MINISTER OF WEST BENGAL INDIA

Dear Sir ,

INDIA: Forced eviction in West Bengal by the local police

Victims: Residents of about 100 houses in Rajabazar Canal – Canal East Road

Alleged perpetrators: Police officers stationed at Narkeldanga Police Station

Place of incident: Rajabazar Canal – Canal East Road

Date of incident: August 2, 2007

I am writing to you to express concern about the case of illegal eviction reported from Rajabazar Canal area of Kolkata. I am informed that the police officers stationed at Narkeldanga Police Station on August 2, 2007 evicted some 100 houses from Rajabazar Canal – Canal East Road. I am informed that the residents, belonging to the poorest section of the community lost their entire belonging in the process. I am also informed that the police officers threatened and intimidated the residents in the process.

I am informed that the police officers used force to keep the residents at bay during the operation. I am further informed that the police officers acted on their own evicting the people since there were no court orders or any other directives from the government to evict the residents from the locality. It is alleged that the police to evict the residents had set fire to the belongings of the residents, a process in which several of the residents lost valuable documents and other belongings.

I am concerned about this case and therefore urge you to intervene to make sure that if the eviction is found illegal actions be initiated against the police officers responsible for the incident.

I am also concerned about the increasing intolerance of the local police to the minority community in West Bengal, particularly the Muslims and the poor in the state. I therefore urge you to also make sure that the local police under no circumstances do not disturb the dwellings of the poor and the marginalized in West Bengal without going through appropriate due process steps ensuring fairness. I also urge you to take appropriate actions so that the residents from Rajabazar Canal – Canal East Road area who lost their belongings receive compensation for their loss.

Your’s Sincerely,

Nagaraj.m.r.

Dear sir ,

INDIA: Local police in West Bengal continuing their corrupt practices

Case1:

Victims: 1. Mr. Sirajul sana, aged about 21 years, son of Mustahid Sana, residing at 4 Basanti Colony, Ultadanga, Kolkata, west Bengal

2. Ajarul Sana, a boy aged 15 years, brother of Sirajul above

Alleged perpetrators:

1. Mr. Rabindranath Paul, Police Constable number 4269, stationed at Baranagar Police Station, Kolkata, West Bengal

2. Mr. Badal Chandra Mondal, Police Constable number 3498, working along with Rabindranath

3. The Officer-in Charge of Baranagar Police Station

Place of incident: Baranagar Police Station

Date of incident: May 18, 2007

Case 2:

Victim: Ms. Shefali Pailan, aged about 40 years, wife of Mr. Dinanath Pailan, Mondalpara, Garfa, 24 South Parganas district, West Bengal

Alleged perpetrator: Officer-in-Charge of Purba Jadavpur Police Station, 24 South Parganas, West Bengal

Place of incident: Garfa, Mondalpara

Date of incident: July 18, 2007

I am writing to you to express concern about two cases that I have been informed about which shows the nature of local policing in West Bengal state. I am informed that in the first case involving Mr. Sirajul Sana and his minor brother Ajarul Sana they were picked up by the police officers stationed at Baranagar Police Station on May 18, 2007 arbitrarily.

I am informed that the police officers registered a false charge against the brothers and produced them before the local court from where they were released on bail. I am informed that even though Ajarul was a minor, he was produced in the regular court, though the law mandates that he should be produced before the Juvenile Justice Board. I am also informed that a police officer slapped Sirajul on his face.

Regarding the second case I am informed the victim Ms. Shefali was detained overnight at the Purba Jadavpur Police Station on the basis of a complaint filed against Shefali by her employer regarding a suspected theft. I am informed that the police officers were also pressurizing her to confess the theft which Shefali refused.

I am informed that Shefali was later released due to the intervention of local human rights organisations.

I am concerned about the very nature in which the local police behaved in both the above incidents. Apparently these two cases being from two different police stations in the state, the incidents also reflect the general nature of the police in the state. I am concerned that in both cases the victims were poor and they are reportedly having no means to complain.

I am also concerned that in Shefali’s case she was detained in the police lockup over night on the basis of a mere suspicion and a complaint lodged by her employer. It appears that police in West Bengal do not confer with the procedural mandates they are supposed to follow in cases of arrest, detention and investigation. I am also concerned about the attitude of the local police against the poor sections of the society for considering them as criminals.

I therefore request you to intervene in both these cases and order an investigation into the alleged incidents. I also request you to take appropriate actions so that the conduct of the police officers named above are investigated and if found guilty of not following the law, to pay compensation to the victims named above for the sufferings caused to the victims by the police.

Your’s Sincerely ,

Nagaraj.m.r.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH , INDIA

Dear Chief Minister,

INDIA: Corrupt village administration likely to cause starvation deaths in Shankarpur village

Persons affected: The lower caste community in Shankarpur village

Location: Shankarpur village, Chiraigaon block in Varanasi district, Uttar Pradesh

I am disturbed to hear of the appalling living condition of lower caste community in Shankarpur village in Varanasi district. I am informed that the village head Mr. Sundar Yadav is allegedly a corrupt person who is denying rationed food grains to the lower caste community in the village. I am informed that the village head had taken several steps discriminating the lower caste community in the village. Of particular importance is the cancellation of existing ration cards of the members of the lower caste community in Shankarpur and arbitrary issuance of new cards to the members from the Yadav community to which the village head belong.

I am informed that several complaints were filed by the villagers against the village head against which no action was taken by the district administration. I am also informed that the Village Secretary and some officers from the local Block Office are helping the village head in his deeds.

I am also informed that as of now about 47 families are facing acute starvation in the village and that all these families belong either to the scheduled caste or the scheduled tribe. I am further informed that it is difficult to complain against the village head since so far none of the complaints made against the village head was taken up by the local police. At the same time whoever complained was threatened by the village head.

I am informed that a local human rights activist Mr. Harischandra Sonkar, was threatened, verbally abused and assaulted by the village head and his son since he had complained against the village head.

I therefore urge you to take immediate steps so that the 47 families who are denied food and ration in Shankapur village will receive rationed food grains at the earliest. I also urge you to request the local police to investigate the complaints filed against the village head of Shankarpur Mr. Sundar Yadav and his son Mr. Vinod Yadav.

Yours sincerely,

NAGARAJ.M.R.

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