FREEDOM OF PRESS VS AUTOCRACY

e –Voice Of Human Rights Watch – e-news weeklySpreading the light of humanity & freedomEditor: Nagaraj.M.R....vol.3…issue.23......18/08/2007 EDITORIAL: FREEDOM OF THE PRESS Vs AUTOCRACYFreedom is the inherent quality, natural trait of every human being to carve out his own destiny. It is the resultant urge of everyone to secure release from squalor, hunger, poverty and ignorance. Freedom - urge to get oneself free from material wants/needs. This urge itself makes human being inquisitive , persevere, plan, innovate, act & achieve his goals . based on these in -born natural traits of a human being - a level playing field is spread out for every one to secure freedom from material wants. That level field is the DEMOCRACY. Asthere is a boundary line to the field, there are certain limits - social, cultural & statutory to the democracy, with in the boundaries, there is a level playing field for growth to every onei.e. freedom, guarding one-self & his fellows not to cross that limit is " Responsibility/ Duties". As there are four corner stones to a field, there are Legislative, Executive, Judiciary & the enlightenedcitizens or press. This in-born urge to freedom is therefore a natural birth right, a human right. Democracy-the system of governance based on the natural traits of human beings and ensuring their organic growth, is built upon this very foundation. Thus The Constitution of India" has rightly incorporated it in letter & spirit , in the very first page as the pre-amble & the fundamental rights. The boundary line, thelimit is the " Fundamental Duties / Responsibilities". one of these fundamental / human rights is " Freedom of Speech & expression (Right to Information) " As per the constitution of India nobody thePresident, Prime minister, Chief Minister, Speaker, Judges nor a Journalist has special rights which makes him superior to a citizen of India, under special, critical circumstances constitutional functionaries are empowered with special privileges only to safeguard the democratic set-up, to safe guard the unity & integrity of the nation but not to make themselves superior & to subjugate his fellow citizens into slavery. Nowadays due to widespread criminalisation - unwanted elements have entered into corridors of power - politics, bureaucracy & Judiciary. From the seats of power they are running their criminal dens. Media / press expresses the collective voice of the citizens and is the source of information to the citizens. As more & more media reports came out informing the people about the misdeeds / crimes of powers that be and collectively expressed the anguish of the people,criminals in power started feeling the heat, until the people were ignorant about the crimes committed by powers that be until the people were disunited / lacked collective voice, the criminals in power were making windfall profits through their crimes. So the information of their crimes must not reach the people - It is the keyto their riches . So some of these constitutional functionaries physically assaulted media persons, got them beaten - up & even murdered the dissenting media / human rights activists. The speakersof the various state legislatures and of the parliament, started censoring the diatribes of peoples representatives from the records of proceedings of the house, live telecasts of the proceedings of the house are fully censored. Most of the M.L.A.s M.Ps. are not even aware of their duties. They don't even attend the house punctually. Some of these members behaviour is against the dignity & decorum of the house. All these misbehaviour of M.Ps & M.L.As were widely reported in the media. So the criminals - the powers that be invoked the special privileges under the normal circumstances itself and choked , strangulated the throat of source of information / expression - The Media / press. Nowadays it is becoming frequent with Judges & the people's representatives, to slap contempt proceedings "Against Journalists & citizens" who demand information / accountability & against those who speak - out against the crimes of Judges, MPs & M.L.As. Even if one struggles through all hardships & tries to legally prosecute those criminals, they escape legal prosecution / conviction through "Legal Immunity Privileges". The recent cases are the "Roost resort case involving Karnataka High Court Judges" where in the Karnataka high Court slapped contempt proceedings against various news publications and the Tamil Nadu legislative assembly speakers arrest warrant against the journalists of The Hindu" & "Murusoli".Now a time has come to clearly demarcate, define under what circumstances these special privileges / Legal immunity privileges accorded to the constitutional functionaries can be exercised. Also certain sections of the constitution of India like the tenth schedule the directive principles of the government, official's secret act Reservation Policy, Article 370, various non-uniform civil codesetc., which are at present non- justifiable are all together shaking the very foundations of democracy. Thereby suppressing the natural trait of human being to be free & destroying the level playing field . Free- flow of information is the life-line of a functioning democracy. Ensure , protect & preserve it. JAI HIND VANDE MATARAMYour's Sincerely,NAGARAJ. M.R.NARCO-ANALYSIS – RIGHT OR WRONG?The advances in science must be used by the police to find out the truth, to solve the mysteries of the crimes. It is the better option for both investigation / interrogation than the classicalinterrogation method involving third degree torture, where in the accused breaks -down & blurts out the truth, usually, in most of the cases innocents unable to bear the torture confesses to the crimesthey have not at all committed. The scientific tools of interrogation namely Narco-analysis . Brain mapping & polygraph Tests must be made mandatory for interrogation. The perpetrators of third degree torture i.e. Police Military personnel must be punished severelly. Not just on innocents, even on proven criminals police have no rights to torture. It is grossly inhuman & illegal. At present, there is certain bias in the usage of scientific interrogation tools:- 1) Generally everybody is afraid of police & their corrupt practices. Even innocent persons are frightened of false fix-ups & third degree torture by police. This fear shows up in their heightened anxiety level, changes in their blood pressure, respiration, heart-beat etc., There are chances of misinterpreting this as the "Fear of a criminal of being caught" 2) These scientific tools are in the hands of police only. Therefore it is biased towards the police or prosecution in a case. Forensic science labs where these scientific interrogations are conducted areunder the control of Police department . Fundamental objective of police is to prove their case, the prosecutions stand point rather than finding out the truth. Sometimes, the stand points ofprosecution police are influenced by caste, political & monetary considerations. This bias reflects in the preparation of the "Questionnaire by the Interrogator" The interrogator if he wants to bring out a negative image of the accused before the court, he prepares the questionnaire such that only negative issues come out as the answers. If the accused has got political patronage & has paid hefty bribe to the police questionnaire is prepared such as to bring out a positive image, to highlight innocent image of the accused. Leaving out all other related questions, which brings out truth, a negative image of the accused. The police are the one who decide the fate, destiny of the accused. 3) Every human being has two personalities with in his sub - conscious mind one personality is evil, selfish & craves for all material pleasures. The other personality is good , humane & sociable one. Whenever an issue comes up before a human being , whenever a human being sees, reads or hears a subject two opinions are formulated about it by him. One by his evil, selfish ego the other by his good, humane self .A perfect human being, a social being is one who controls his mind, contains the evil influences of his selfish self and follows the guidance of his good self. This readily expresses itself through good humane social actions. A criminal is one who does not have control over his mind and acts according to the evil guidance of the selfish self. There are chances of mis-interpretation during scientific interrogation . If you expose only evil self you will get a negative image or else if you expose only the good self you will get a positive image of the accused. For a balanced view, you have to see the both evil-self & good self of the accused together with his past & present actions. 4) At present only it is the prosecution who can use these scientific interrogation facilities, but not the defence. In the fake stamp paper scam during Narco Analysis , king pin Mr. Karim Lala Telgi blurted out the truth - gave out the names of his VVIP accomplices, Police accomplices, his business details, so far so good. Hereby I do request you to order both the union government & all state governments :- 1) To keep the forensic science laboratories under the control of autonomous bodies like National Human Rights Commission. 2) To make the scientific facilities of interrogation available for both the prosecution & the defence of course, for a fee. 3) To enact legislation to subject the corrupt investigating officer, corrupt public prosecutor, corrupt presiding judge of the case, etc.,to scientific interrogations, by both the defence & prosecution. 4) To factor in the allowances for the natural fear for police (for their corrupt, ruthless, devil face) 5) To create an unbiased impartial atmosphere free of fear or favour to conduct the scientific interrogation. 6) To enact guidelines for scientific interrogation for framing questions to bring out both good & evil self in the sub conscious to have a balanced view of the man under question together with his past& present actions . 7) To make it mandatory for all cases including VVIPs .In various cases scams, involving VVIPs cases drag on for years. Public money is wasted through waste of deliberations of the house ( Parliament, Legislative Assembly), Waste through constitution of Parliamentary committees , Judicial commissions, why not all those VVIPs accused of involvement in scams subjected to tests like Narco analysis, poly graph, Brain finger printing etc., So that L K Advani & Murali Manohar Joshi will tell about Babri Masjid demolition, Sonia gandhi family will tell about Bofors, George Fernandese about Tehelka, P V Narasimha Rao about Jain Diary, Forgery case , Sukharam about Telecom purchases, Lallo Prasad Yadav about fodder scam. The scam tainted VVIP list goes on. Why not these VVIPs are subjected to scientific interrogation with unbiased questionnaire? AN APPEAL TO STATE HOME SECRETARY , GOVERNMENT OF WEST BENGAL INDIA Dear Madam / 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 Bengal2. Ajarul Sana, a boy aged 15 years, brother of Sirajul aboveAlleged perpetrators: 1. Mr. Rabindranath Paul, Police Constable number 4269, stationed at Baranagar Police Station, Kolkata, West Bengal2. Mr. Badal Chandra Mondal, Police Constable number 3498, working along with Rabindranath 3. The Officer-in Charge of Baranagar Police StationPlace of incident: Baranagar Police StationDate 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 BengalAlleged perpetrator: Officer-in-Charge of Purba Jadavpur Police Station, 24 South Parganas, West BengalPlace of incident: Garfa, MondalparaDate 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. Sincerely NAGARAJ.M.R. AN APPEAL TO DIRECTOR-GENERAL BORDER SECURITY FORCE NEW DELHI Dear Sir, INDIA: Please ensure that the murderers of Mr. Santhosh Mondal are punished Name of victim: Mr. Santhosh Mondal, son of Sudhir Mondal, resident of Shibpur, under the jurisdiction of Raninagar Police Station, Murshidabad district, West BengalAlleged perpetrators: Three officers from the Border Security Force, stationed at 90 BN BSF ECO Company, Harudanga Border Security Force Camp, Raninagar, Murshidabad, West BengalPlace of incident: Shibpur village, Murshidabad districtDate of incident: July 27, 2007 I am writing to you to express concern about the case of Mr. Santhosh Mondal, a 40 year old villager who was first beaten up and later mowed down by the officers of the Border Security Force [BSF] by a speedboat on July 27, 2007 at Shibpur village in Murshidabad district of West Bengal. I am informed that while Santhosh along with a few other villagers were sitting near the river Padma in their village in the evening, three officers from the BSF approached them and started asking questions. The officers soon started assaulting the villagers, including Santhosh with a stick. Many of the villagers ran away while Santhosh jumped into the river to save himself. However, the officers went to their out-post and came back looking for Santhosh in a speedboat. They found Santhosh swimming in the light of a powerful torch the officers had. They approached Santhosh and ran over him with the boat. The propeller of the boat broke as it cut through Santhosh' body. Santhosh drowned and his body was never recovered. I am informed that this is not the first case where officers from the BSF are involved in brutal acts committed against ordinary villagers along the Indo-Bangladesh border. I am also informed that in the past several months the Asian Human Rights Commission has brought to your notice several cases where the officers from the BSF were allegedly involved in atrocious acts. I am concerned to know that your administration or the state or union government has failed to contain the atrocious acts committed by the BSF in West Bengal. I am informed that Santhosh has left behind five young children and a wife who now does not have any means to feed their children and educate them. I am also informed that a complaint has been lodged at the Raninagar Police Station regarding the incident on July 29, 2007 which is now being investigated into and the murderers punished. However, I am afraid that the investigation might not be carried out properly owing to the influence of the BSF upon the local police officers. I therefore request you to intervene in this case at the earliest and make sure that the persons responsible for murdering Santhosh are brought to justice. I also request you that the state as well as central government pays an interim compensation to the family. I further request you to ensure that the BSF stationed along the Indo-Bangladesh border is engaged in securing the border through legally accepted means and that their officers are not allowed to murder, rape and torture the ordinary villagers. Your’s sincerely, NAGARAJ.M.R. Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE ………. 570017INDIA……………………cell :09341820313home page : http://groups.yahoo.com/group/naghrw, http://groups.google.co.in/group/hrwepaper/,http://indiapolicelaw.blogspot.com/ ,http://hrwpaper.blogspot.com/ , http://e-voiceofhumanrightswatch.blogspot.com,contact : naghrw@yahoo.com , nagarajhrw@hotmail.comA member of AMNESTY INTERNATIONAL INDIA