Sunday, June 12, 2011

Complaint against Chief Justice of India

Complaint against Chief Justice of India

S.O. e - Voice For Justice - e-news weekly
Spreading the light of humanity & freedom
Editor: Nagaraj.M.R.. Vol.07..Issue.25........18 / 06 / 2011

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

FINAL SHOW-CAUSE NOTICE TO  HONOURABLE CHIEF JUSTICE OF INDIA ,  SUPREME COURT OF INDIA  & OTHERS

In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Psclosed , buried forever.
To my numerous appeals , HRW's appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy "legal immunity privileges" ,why don't you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don't all of you are not appearing before the police voluntarily for enquiry ?at the least why don't all of you are not sending your statement about the case to the police either through legal counsel or  through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.
there is a gross, total mismatch between your actions and your oath of  office. this amounts to public cheating & moral turpitude on your  part.
1.you are making contempt of the very august office you hold.
2.you are making contempt of the constitution of india.
3.you are making contempt of citizens of india.
4.you are sponsoring & aiding terorrism & organized crime.
5.you are violating the fundamental & human rights of the citizens of  india and of neighbouring countries.
6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER  to which india is a signatory.
7.you are obstructing me from performing my fundamental duties as a  citizen of india.
you are hereby called upon to SHOW-CAUSE within 30 days , why you  cann't be legally prosecuted for the above mentioned crimes .

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 :  12.06.2011……………………………………………..your's sincerely,
Place : Mysore , India………………………............Nagaraj M R

POLICE  NOT  REGISTERING  COMPLAINT   AGAINST  CHIEF  JUSTICE OF  INDIA  &  OTHERS

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                    Karnataka Police are NOT registering & acting on my  complaint  to them dated  04.07.2009


A  person committing a criminal offense is a CRIMINAL. The Person  who aids a criminal in his criminal act , in hiding the criminal act , in destroying the evidences  of criminal act  is also  a CRIMINAL. The
person whose duty is to prevent criminal acts from  happening , who intentionally fails in his preventive duties  and  thereby facilitating  the criminal in committing crime is also a CRIMINAL. 


Information  given by government  authorities are EVIDENCES , denial of information  amounts to hiding  of evidence ,  improper , half truth information given  amounts to MANIPULATION & DESTRUCTION OF EVIDENCES. In this way many of our public servants including judges & police themselves are criminals , but are not prosecuted by the authorities , why ? 


Due to delay in giving appropriate  information , many crimes have  taken place which could have been prevented. As the delay in taking action , giving information / evidence is on the part of government
authorities , the issue of TIME BARRED FOR ADMISSABILITY doesn’t arise. At the outset , we express  our whole hearted respects to the honest few  public servants in public service including judiciary. However, the corrupt in public service don’t deserve  respect as individuals – as they are  parasites in our legal system. Still we respect the chairs they occupy but not the corrupt individuals. 

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

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

The Vijayanagar police in mysore stated that  they don’t have legal jurisdiction to book the criminals I have mentioned in the complaint & by taking a statement from me to that effect  closed the case
temporarily on  11.09.2010  after sitting over the complaint  for years together. Is it not the  duty of  DG&IGP to seek the permission from home ministry to legally prosecute the alleged criminal VVIPs ?
Why he was silent ? Ofcourse the lower rung police officers practically don’t have power to prosecute high & mighty ? 

Hereby , I do request the  DG & IG OF Police , Government of Karnataka to seek the legal sanction from union home ministry & Karnataka state home ministry , for the prosecution of  below mentioned criminal VVIPs & to reopen my complaint here with. 
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 even though 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. 


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

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

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  ACCUSED CRIMINALS  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 functionaries. Thanking you.
Jai Hind , Vande Mataram. 

Date : 12.06.2011…………………………Your’s sincerely,
Place : Mysore………………………………..Nagaraj.M.R.

……………………..DECLARATION………………………

N
ame : ...........................NAGARAJ.M.R.


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

P
rofessional / Trade Title :  S.O.S - e – Voice For Justice

P
eriodicity : WEEKLY

C
irculation : FOR FREE DISTRIBUTION ON WEB

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

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

O
wner/editor/printer/publisher : NAGARAJ.M.R.

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ationality : INDIAN

Body Donation : Physical Body of Nagaraj M R , Editor , S.O.S- e  clarion of Dalit &  S.O.S-e-Voice for Justice is donated  to JSS Medical College , Mysore ( Donation No. 167 dated 22 / 10 / 2003 ) , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my body must be  handed over to JSS Medical College , Mysore for the study purposes of  medical students.


Eye Donation : Both EYES  of Nagaraj M R , Editor , S.O.S- e  clarion of Dalit &  S.O.S-e-Voice for Justice are donated  to Mysore Eye Bank , Mysore , In case of either Unnatural death or Natural Death at the hands of criminal nexus , my  eyes  must be  handed over to  Mysore Eye Bank  , Mysore  WITHIN 6 Hours  for immediate eye transplantation to the needy.


H
ome page :  

UID  Aadhaar  No  :  5703  5339  3479

C
ell : 91 9341820313


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

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents   or to my family members    - In such case Chief Justice of  India together with the jurisdictional  revenue & police officials will be responsible for it , in such case the government of india  is liable to pay Rs. 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 , Judges , public servants & Constitutional fuctionaries.  



date :
  12/06/2011…………………………..your's sincerely,

place : India
…………………………………Nagaraj.M.R.

please refer details at following web pages :


READ  FULL ARTICLE ALONG WITH ISSUES AT WEBLINKS  , YOU WILL  KNOW  HOW JUDGEMENT , COURT DECISIONS  ARE FIXED BY CRIMINAL NEXUS  FROM CASE REGISTERING STAGE TO JUDGEMENT STAGE  IN INDIA.

More Corrupt the Police are, More unsafe are our People
- By K B GANAPATHY

It is sickening. It is nauseating. It is vulgar. It is dirty. It is a sin and above all, it is a crime beyond any ameliorating circumstances. The punishment for this crime should be a real deterrent and must not take more than a month to award. I am talking about the crime committed by the Kolar SP, K. P. Puttaswamy, IPS, who was caught red - handed while taking a bribe of Rs.10, 000 from a civil Police Constable P.P. Prakash by the Bangalore Lokayukta Police on November 27.
When the crime was committed in Kolar, how is it that the Bangalore Lokayukta took action? This is not a million dollar question. This is a million dollar shame on the honesty and integrity of our Police force itself (honourable exceptions are honourably exempted here).
I understand the reason is that the Lokayukta Police officers in Kolar are too compassionate and considerate in nabbing criminals and corrupt persons in their own turf (department). Earlier, three attempts were made to catch this cornucopia of a corrupt person called Puttaswamy, but he was alerted in time. Thus the local Lokayukta failed in its mission.

Kolar SP Puttaswamy
Constable Prakash, the victim of Puttaswamy’s greed, avarice and craving for money knew this very well. It was for this reason, he had to approach the Bangalore Lokayukta (Phone: 9845000022). Naturally this time, the Lokayukta operation was a complete success.

Complainant Mr. P. P. Prakash
Think of the depth of demand from Puttaswamy and you will know how fathomless it is. I am reminded of a Tamil film Anniyan. The Constable Prakash had already given Rs.25, 000 as bribe (which in fact is also an offence). But the greedy SP, Puttaswamy, in order to make a killing out of this Constable seeking permission for voluntary retirement from service under VRS, recommended his dismissal. This made the Constable nervous as he would lose his pension and other benefits. P. P. Prakash, the Constable, now aged 47, hailing from South Kodagu, near Ponnampet (Pullangada family) served in the Indian Army Signals for seven years and then joined the Police Department in Kolar and has served for 20 years.
Of late, he was not keeping good health and hence took “medical permission” for 13 months leave — sick leave. It appears he was supposed to submit a Doctor’s certificate from time to time during this period. He did not do so as it is not compulsory, and rarely insisted upon, he says.
However, in this case the Kolar SP K. P. Puttaswamy ordered a Departmental Enquiry (DE) against him. Realising that this enquiry would take at least 5 to 6 months to complete and as he was in a hurry to take VRS he decided to apologise for the inadvertent lapse. Subsequent to the apology submitted by him to the DE Officer, the Dy. SP, the DE was closed and the report sent to the Superintendent of Police, K.P. Puttaswamy.
See how greed for money tears away the human face of a human being. The Superintendent of Police, Puttaswamy, returning the file to the Enquiry Officer, the Dy. SP, asked him to re -examine the Departmental Enquiry.
Constable Prakash says that normally if one admits his fault, in cases such as this, no re - examination of DE is necessary.
However, Constable Prakash thought there was no use pursuing the path of law to get his VRS from an Officer like K. P. Puttaswamy and decided to talk to him. And he did. It was here he agreed to pay the demanded amount of Rs. 25,000 to this corrupt SP for two favours: (1) To withdraw the Departmental Enquiry after a warning and pardon. (2) To grant permission for the VRS.
After making this payment of Rs. 25,000, the Constable Prakash was happily waiting at his native place for VRS permission. However, after two months, to his utter shock he received a notice about his ‘Compulsory Retirement’ which tantamounted to dismissal from service.
He rushed to Kolar and met the Superintendent of Police, K.P. Puttaswamy, on 24th November when he was told: “Okay, I will see. (Aayitu Noduva)”
On further pleadings from the Constable, Puttaswamy wrote on a piece of paper just, “10,000” and spoke with his head and eyes pushing the paper towards the Constable to see the figure.
Since the Constable found the new demand too much for him to bear, he decided to retaliate. He knew there was no use complaining to the Kolar Lokayukta which could not trap this corrupt SP three times earlier on others' complaints. So Constable P. P. Prakash straight away went to Bangalore and met Roop Kumar Datta, the ADGP, a wonderful person who is known to attend to complaints promptly in confidence without any delay.
He knew, speed is the secret of success not only in love and war but also in Lokayukta operations. He immediately called another smart officer, Superintendent of Police (SP) Madhukar Shetty and lo and behold the operation was successful.
Prakash, the Constable, says that the Kolar SP had his moles in his office keeping an eye on the Lokayukta complainants and officers who may be around. In case of suspicion, information was passed on to him and the SP will not see such visitors.
Hence, this time the Bangalore Lokayukta got smart. Waiting at the SP's door to see him was a burqaclad lady Constable and a Police Sub - Inspector disguised as a Muslim with full makeup, wearing a beard hired from a clothier to dramas.
One more person was also there with bandages, dhoti and chappals who would see the SP only after his "Doddavaru" (elder) came there. Thus there was absolutely no room for suspicion for the Policemen on duty at the SP’s door. Since Prakash was already known, he was allowed in.
During the course of conversation, the Superintendent of Police K. P. Puttaswamy, alert and smart, told his supplicant Prakash “Naale Banni” [Come tomorrow] three times. Then Prakash gave the cover with the money inside, as pre - arranged by the Lokayukta. Puttaswamy instinctively stretched his hand to receive it but quickly withdrew, lifted a file, placed it on the table and asked Prakash to keep the cover below the file. The latter obliged. However, while handling the file Puttaswamy unknowingly touched the cover to push it properly under the file.
“I will call the GSA and get the file and ask him to do the needful”, said the SP who did not forget to speak aloud “Beda” (Don’t want) all the while taking care not to touch the cover or money. But to his bad luck he had already touched the cover, though unknowingly, rather accidentally.
Well, when Prakash came out, the Lokayukta walked in. Rest is “breaking news” in TV channels and headlines in newspapers.
And indeed the complainant P. P. Prakash did teach his corrupt boss a lesson which the people of our State think will be a lesson for the likes of K. P. Puttaswamy, IPS, in office. But no. Earlier, another Superintendent of Police, B. Srikantappa of Chamarajanagar too was trapped by the Lokayukta while receiving a bribe of Rs. 50,000 from a sand transporter against whom a charge sheet was filed.The sand transporter wanted Srikantappa to help him by filing a “B” report to the Court (“B” report is one where Police investigate the case and then file a report to the court saying there is no substance in the complaint or there is no prima facie case as such). The case will then be closed.
Interestingly, the same K. P. Puttaswamy was the Additional SP in Chamarajanagar at that time, when his boss B. Srikantappa was caught in the snare set by the Lokayukta. Yet, K. P. Puttaswamy, now SP at Kolar, did not learn any lesson from the past experience of his boss. Therefore, no matter how many Police officers the Lokayukta catches, it would be business as usual for these government officers including those of the IAS, IFS and IPS class.
It is said habits die hard. These two officers are from the Karnataka Administrative Service (KAS) who rose to the rank of IPS after years of service in the lower rank. It is universally known corruption at the lower level in the Police force happens on a daily basis and therefore even after the elevation to the IPS, the habit must have continued, sometimes consciously and sometimes unconsciously, as if it is a natural part of the job. Habits indeed never die.
At another level, it is not as if those who enter service directly from IPS are not corrupt. If only a honest and aggressive investigation is made into the wealth amassed and properties acquired by these officers (including the benami angle), one will find a can of sinister worms crawling all over the place. While a Police Constable may collect on a daily basis a few hundred rupees and on occasions a few thousands, these IPS officers (exceptions apart) make a killing in one deal and like the Python which after swallowing an animal lies languidly for months, these officers strut around with an aura of honesty, till the next victim comes by.
Be that as it may, the point to ponder is whether the government’s recruitment policy, specially in departments like Police, Excise and Revenue, needs to be changed to ensure the kinds of B. Srikantappa and K. P. Puttaswamy are not recruited at all or promoted. In case they are recruited they must be dismissed from service if caught red-handed and found guilty, rather than merely suspending them, only to be reinstated later or let them off with minor punishment.
Just as in cases of rape or murder, the law relating to bail in cases of corruption too needs to be changed. The present law relating to bail for these offences seem to be very liberal and lax. When a person is sent to Judicial Custody, he is in jail only for a few hours. Soon he is shifted to a hospital under legal rigmarole and manipulation. Well, why not call it 'hospital custody' instead of “Judicial custody”?
Politicians, higher officials and the rich should be discouraged by the law courts from getting this "hospital custody". Consider this: a politician is arrested for some misdemeanour or offence. He is found in the pink of health at the time of his arrest. But suddenly when he is produced before the court, he feigns illness of severe nature like chest - pain, high blood pressure or even unbearable back ache. Next, we see him being taken to a super - specialty hospital ward in the name of judicial custody instead of being treated in the prison. The same has happened in the case of K. P. Puttaswamy too.
Indian Express dated 1st December, 2009 reported: "While in Kolar jail, he (K. P. Puttaswamy) reportedly complained of chest pain and was taken to hospital. Puttaswamy was later shifted to Jalappa Hospital at midnight and admitted in the VIP ward." A mockery of law and justice. A show of solidarity by the jail authorities and the doctors!
Considering the all - pervasive corruption in the Police Department, I have a lingering suspicion that most of the missing cases, murder cases, robbery cases, rape cases etc. are not detected at all, simply for the reason of corruption. Filing false complaints or threatening to file false complaint is another ploy employed by the Police. As a journalist, a number of people have come to me to get the complaint registered or if registered to get the case investigated. A couple of years back, the body of a small time planter in Kodagu was found hanging on a tree in the premises of the Race Club and despite the complaint, nothing happened. The persons named as suspects by the victim’s mother (a widow) and relatives were not even taken into custody for interrogation.
The victim’s relatives told me that the culprits had visited the jurisdictional Police Station in the city a couple of times. You can make your own inference.
The senior officers in the Police Department must review periodically all the undetected cases and put pressure on the Station House Officers to solve the cases and for this purpose periodically guide them. However, if the top officers themselves are of the Chamarajanagar SP B. Srikantappa’s kind or the Kolar SP K. P. Puttaswamy's kind, God only should help the complainant. I am not aware if there is a psychological test for the candidates who appear for public service examinations — like the IPS, IAS, KAS — to find out the propensity of a person for making money by means fair or foul. I may sound harsh and it may even be illegal, but how about brain mapping under narcoanalysis test to find out the “mind” of the candidate? This day may not be far - off, if corruption continues unabated at this level.
Indira Gandhi was indeed right when she acknowledged corruption as a “Universal Phenomenon”, almost justifying it. No wonder she was also in a way responsible for the present run of corrupt officers in all our government departments and Constitutional institutions. We had always thought at least our Army and Judiciary are well insulated from corruption. Newspapers rarely carried any item relating to corruption in the Army and Judiciary. But today we have Army scams and Judicial corruption almost daily being written in newspapers and shown on TV. Lack of trust in the leadership in all areas of governance is worrying every citizen today. The situation indeed is grim. If a citizen cannot trust a Police Officer, Army General, Chief Justice of the higher court, where shall he go for his security and justice?
Are we as a country lost in the limbo of a democratic anarchy?
Tailpiece:
Lokayukta SP arrests Kolar SP on corruption charges. A wag asks: Is it a case of “set a thief to catch a thief?!”

Is The Honourable Supreme Court Of India  & National Human Rights Commission  DEAF , DUMB & BLIND TO SUFFERINGS OF  PEOPLE    Match Fixing in Cricket , IPL , Police , Judiciary & Government in India
Match Fixing  in Indian  Judiciary ? Questions CJI is Afraid to Answer &  Crimes  CJI is covering-up

After 64 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.
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 ?



Crimes By Election Commission of India                                                                                                                                    -  An Appeal to Honourable Supreme Court of India

From,
   Nagaraj M R ,
  Editor , SOS e – Voice For Justice  & SOS e – Clarion Of Dalit ,
  # LIG – 2 / 761 , HUDCO  First  Stage ,
Laxmikantanagar ,  Hebbal ,
Mysore – 570017  ,  INDIA .

To ,
     The Honourable Supreme Court Of India ,
     New Delhi.

Honourable Sir /  Madam  ,
     Subject : Violation of people’s democratic rights by Election Commission Of India
In India ,  on election days it is quite common to see voters arguing with polling staff after finding their names missing from electoral list. It has happened to many prominent personalities , fate of common voters is far worse. On a whole sale scale some times names of residents of a particular by-lane or cross goes missing. Is this due to the negligence of city corporation staff / Election Commission or is it due to the connivance of local ruling politician with corporation staff who thinks that  particular residents of a house or by-lane are against  him and will vote to his  opponent if kept in voters list ?

As per Law , Preventing a person from voting ( Ex ; Armed goons preventing Voters ) is a criminal offence . Some of these politicians & officials are so brilliant that they don’t use  goons nor arms , but make the names of eligible voters to disappear from voters list . Are not officials of Election Commission of India Punishable for this criminal offense , for preventing eligible voters from casting their ballots.

See the paradox , eligible voters born & brought up in India don’t get voter’s ID Card , PDS Ration  Card  and  must face hurdles to get a Driving License , where as Pakistani Intruders , Terrorists  who have sneaked into india  get Voter’s ID , PDS Ration Card , DL , etc. Shame  to concerned public servants.

Take for instance my case , I have voted for first time in 1995 general election  & voted in subsequent  election. I  have got Voter’s ID on 23.09.2002  by  ECI , No. GGB 3633096 & voted in subsequent election. Afterwards my name went missing from voter’s list. Till date since 5 – 6 years I am prevented from voting in various elections for corporation , assembly , etc. I don’t even have a PDS Ration Card inspite of numerous applications. Numerous times I have submitted the details in prescribed format to the officials who came to our house & have personally handed over forms to corporation officials at the designated office. Till date I have not received Election ID Card nor PDS Ration Card.  It is the birth right , natural democratic right of every Indian citizen to vote , to cast ballot in elections. Even the Apex court of the land does not have the authority to snatch this right from a citizen , how come ECI / Corporation officials can snatch my democratic right ? Are not ECI / Corporation officials guilty of criminal offense ?  Hereby , I do request the Honourable  Supreme Court Of India to Order ECI to include my name in the Electoral list of our constituency & to  legally prosecute ECI officials for their failures.

My Details ,
Name ; NAGARAJ M R
Date of Birth : 22 / 07 / 1971
Present  Residential Address :
Nagaraj M R ,
  Editor , SOS e – Voice For Justice  & SOS e – Clarion Of Dalit ,
  # LIG – 2 / 761 , HUDCO  First  Stage ,
Laxmikantanagar ,  Hebbal ,
Mysore – 570017  ,  INDIA .

Southern Graduate Constituency Voter list details :
Registered in 2010 & Voted in 2010 Graduate constituency election  , Part No . 43   Sl No. 1525 ( Not received any ID Card )

Old Voter’s ID issued on 23.09.2002  by  ECI , No. GGB 3633096

My UID Aadhaar No :  5703 5339  3479

Thanking  You.

Date : 29.05.2011…………………………………………….Your’s sincerely,
Place : Mysore…………………………………………………Nagaraj.M.R.


please refer details at following web pages :

Public prosecutor caught on the wrong side of law


In a decision termed “rarest of rare” by a city court, a trial court judge found a public prosector on the wrong side of the law. Indicting the prosecutor for deliberately botching up examination of witnesses in a case of abduction for ransom, Additional Sessions Judge Pratap S Malik has passed strictures against the state’s counsel and sent the copy of his order to the prosecution branch for necessary action.
The judge held that there was a deliberate attempt by the prosecutor to create situations favourable for the three accused, found guilty of abducting one Sanjay Khan for ransom in 2004. Khan had later committed suicide to escape further assault and the court, finding ample evidence on record, had awarded life imprisonment to the trio on Saturday.
The prosecutor had refrained from putting important questions to police officials and other witnesses that could help the prosecution nail the accused in a more convincing manner, the court observed.


Prosecutor caught in ACB trap

PTI | 01:04 AM,Apr 08,2011 Thane, Apr 7 (PTI) An assistant Public Prosecutor attached to the Kalyan court was trapped by Thane unit of Anti Corruption Bureau while allegedly accepting bribe in the court premises this evening. ACB officials said that one Tuna Bharati, a resident of Malad, had filed case of dowry harassment against husband and in-laws of his late sister, Bhavana. Assistant Public Prosecutor, Chayya Bhadkamkar allegedly demanded Rs 20,000 and accepted the first instalment of Rs 3,500, for arguing the case effectively, ACB said. She was trapped today while taking the balance amount, it said.





DEALS IN COURTS  &  POLICE  STATIONS   READ :



DEALS IN COURTS  &  POLICE  STATIONS   READ :

A B C D of Denocracy – A Lesson for all people’s representatives
HOW MPs ,MLAs  , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION


In india, indirect democracy is the form of governance. In this
form, people's representatives are bound to raise the questions ,
issues concerning their constituents on their behalf , on the floor of
the house. However the sad part in 
india
 even after 58 years of
democracy , is the lobbying is at it's peak. The lobbying is a
gentleman's white collared crook's way of forming favour seeker's
group , creating a corpus to pay lumpsum bribe & influencing decision
making.
The people's representatives are bound to represent their people
first , then their party & party think tanks. 
India
 has come to this
sorry state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers.

Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in
karnataka state. He is a MBA graduate & member of ruling indian
progressive party. The multinational giant M/S GREY HOUND CORPORATION
wants to enter into paper manufacturing business in 
india
. It's sight
falls on the public sector paper giant mandya national paper mills (
MNPM) in mandya district of karnataka. The MNC effectively lobbies
with the government. The ruling party think tank & the cabinet
advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full
power point presentation stating that it is good for the company as
well as the government. The lobbyists follows it up with media reports
on the positive aspect of strategic disinvestment. A favourable
impression is created in the minds of literate public. The cabinet
committee okays it.

The " strategic dis investment issue " comes before the parliament
for legislation / approval. The ruling party issues a party whip to
it's members to vote in favour of dis investment. However M.P mr.raj
gandhi who is an MBA in his own wisdom also favours the dis
investment. However ,most importantly the constituents – people in
mandya parliamentary constituency through protest marches , mass post
card campaigns lakhs in numbers expresses their disagreement with the
dis investment & urges their MP mr.gandhi to vote against the
disinvestment legislation.

On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment legislation,
much against the wishes of his people , constituents & mis represents
them in parliament. the democracy has failed here. in This way
democracy is being derailed since 62 years in 
india
.
In democracy, party whip , MP or MLA's own wisdom / brilliance,
think tank & IAS lobby recommendations are all secondary , the
constituent's of his constituency , people's wishes aspirations are
of primary importance & supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the
floor of the house back & forth , without superimposing it with his
own ideas & party ideas. For true democracy , the people's
representatives must be true postmans.

Towards this end , the people must be educated about their
democratic rights & responsibilities. This is an appeal to the honest
few in the parliament & state legislatures to weed out their corrupt
colleagues , lobbyists, to uphold the dignity of the house & to
install democracy in it's true form.

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.


PROTECTION OF WITNESSES IN CRIMINAL CASES
·  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.

 BHOPAL GAS  VERDICT FIXED -  Shame Shame to Supreme Court of India & Supreme Court of USA

 

Now it is a known fact that Bhopal  Gas Leak Case Verdict was FIXED years before ,  MATCH FIXED  by then MP Government Chief Minister , Indian Prime Minister and most shame fully Chief Justice of India.

Now The Final Verdict is out in Bhopal Gas Tragedy . This kind of Injustice can only happen in banana republics , where rich crooks are protected by authorities & courts. SHAME SHAME to supreme court of India , supreme court of USA & Government of USA , for practicing double standards in enforcement of law & justice.

 

Double standards of supreme court of India

http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind

 

PIL Appeal & Show Cause Notice to Supreme Court of India

http://sites.google.com/site/eclarionofdalit/pil-appeal-show-cause-notice-to-supreme-court-of-india 

 

In India, Favorable treatment is given by police & courts of law for rich crooks where as poor innocents are harassed , tortured by the very same police & judges . In india Some MP , MLAs even take money for asking questions in parliament / legislature , Favourable laws are enacted to legalize crimes of rich crooks  for example : Illegal land encroachments by rich crooks. The same MPs , MLAs are not aware about problems of poor public , they don’t even open their mouth for asking questions on welfare of poor , let alone enact laws for welfare of poor. No government law , no decisions of judges , no orders of public servants are sacrosanct . Hereby , e-voice urges the supreme court of india ,

1.       To legally prosecute the jurisdictional  police who changed the charge sheet , who let out  Main criminalAnderson illegally without orders from the  court.

2.       To legally prosecute the SSP , DC of the district , Then Chief Minister of Madhya Pradesh & Then Prime Minister of GOI , who fully aided the main accussed , criminal Anderson to escape , to jump law.

3.       To legally prosecute Indian Public Servants , who were responsible for withdrawing the case from US Courts of Justice.

4.       To legally prosecute Then Chief Justice of India Justice Ahmadi & His bench colleagues , who diluted the case by changing the clause under which  Anderson & others were charged.

 

The Public servants – Mps , MLAs , Judges , IAS / IPS officers  , Police  take thousands of rupees monthly salary , cars , bungalows , 5-star hotel stay together with 5-star meal complete with alchoholic drinks , 5-star health care at premium hospitals , business class air travel , foreign tours , etc all at tax payer’s expense. After enjoying to the hilt at taxpayer’s expense  , these same public servants don’t serve the public , they serve the rich crooks , anti nationals in their greed for more money.

 

All the while the same poor tax payer suffers without justice . In India more than 50 Crore people are barely surviving on a single piece meal .Let the corrupt public servants eat their 5-star meals by the side of the graves of Bhopal Gas Victims. Atleast this will open the eyes of honest few in public service – police , judiciary & parliament , it is a fond hope.  This is an appeal  to those honest few in judiciary , police  & parliament  to catch hold of their corrupt colleagues.


BHOPAL GAS TRAGEDY 1984 -BhopalIndia

At the first instance the Government of India failed to ensure that
Union carbide India Limited (U.C.I.L) has installed proper safety
measures and fully implemented it in practice, at it's plant in 
Bhopal. The Government of Madhyapradesh through it's labour
department, factory inspectorate & pollution control board failed to
enforce safety practices & environmental protection. In turn, the
U.C.I.L didn't install in full, the safety measures being followed by
it's parent company union carbide corporation (U.C.C) at it's
Various plants in the 
U.S.A. The U.C.I.L. didn't give community
training to residents of nearby localities, to cope up with
emergencies ie. Industrial accidents. U.C.I.L gave a go - by to safety
practices, as it treated Indian lives as cheap. The government of
Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to
other safe place, gave them legal title deeds just months before the
tragedy in 1984.
Now, refer the following:-
1. After the accident at it's U.C.I.L. plant at BhopalIndia in 1984,
when the U.C.C.  Chairman/C.E.O. came over to 
Bhopal from U.S.A to
visit the accident site, local police arrested him on the charges of
manslaughter. However, the Government of India got him released.
2. In 1985, Government of India enacted "Bhopal claims Act" took- away
the right of appeal of all the Gas tragedy victims & declared itself
as the sole representative of all victims. This said act itself is
violative of victim's fundamental & human rights. The
victims didn't choose Government of India as it's representative under
will, agreement, trust or pleasure.
3. The paradox of this "Bhopal claims Act" is that, Government of
India which is also a party to the crime, tragedy, itself is the
appellant. The appellant (Petitioner),defendant are Government of
India, Prosecution by Government of India & Judged by Government of
India.
4. In 1989, when an appeal about interim compensation to be paid by
the U.C.I.L to all the victims was being heard in the apex court, the
supreme court of India without giving a chance to the victims to make
their point, without consulting them, without making a proper
assessment of damages/losses, gave an arbitrary figure as verdict &
dropped all civil, criminal proceedings against U.C.C.&U.C.I.L
5. In the same year 1989, the Government of India without consulting
the victims of disaster, without making proper assessment of damages/
losses, negotiated a settlement with the U.C.C. and in turn gave full
legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings
6. Even the Government of India didn't present the case of victim's-
gas tragedy victims, properly before the U.S.courts, where the U.C.C
is based. All these premeditated acts only benefited the criminals-
U.C.C&UCIL. Are not the supreme court of India & Government of 
India,
here to safeguard Indians and to safeguard Justice?
After all these crimes, the Government of India failed to distribute
compensation in time to victims. It has failed even to provide safe
drinking water to the residents near the accident site, It has failed
to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic
wastes either by the culprit management or by it self, that too after
20 years. The very presence of these toxic wastes since 20 years is
further contaminating, polluting the environment and taking toll of
more victims.
Particularly in the case of "Bhopal Gas Tragedy" the supreme court of
India & Government of 
India are deadlier criminals than U.C.I.L&U.C.C.
Just consider a case here, Just a few years back an U.S.based M.N.C
ENRON set-up a power project in 
MaharashtraIndia through it's
subsidiary. When 
Maharashtra state Electricity Board failed to lift
power from Enron& pay them monthly guaranteed revenue, Enron
threatened to invoke, open the "Eschrew Clause" with the Government
of 
India & to approach international arbiter U.K. Government of India
has stood as conter-guarantee in this case. Finally the Government
paid, of course subsequently the parent ENRON collapsed due to other
reasons. If in this case if Government of India failed to pay-up as a
counter guarantee & refused to comply with the award of International
arbiter, definitely Government of U.S.A. would have stepped into the
scene to protect it's MNC. Hypothetically, In the same vein if Enron
has caused damages to Indians either through negligence of safe
practices or industrial accidents or bank frauds
amounting over and above it's Capital base & insurance cover, then it
would have been the duty of parent Enron & Government of U.S.A. to
step in & pay-up.
In the same way, the U.C.I.L has caused massive damages to Indians &
refusing to pay commensurate to damages. Dow chemicals which took-
over U.C.C. is also refusing to pay. DOW chemicals which is the new
owner of U.C.C. naturally inherits both profits, credits lent &
liabilities to pay of U.C.C. Still it is refusing to pay. Now it is
the turn of Government of U.S.A. to cough-up the sum.
.
They do sign numerous agreements, only favouring MNC. When tragedies
occur or when they cheat Indian banks/ investors, it is Indians who
suffer. The ministers & bureaucrats thinks themselves as wizards and
enters into agreements with MNCs, industrialists in a hush-hush
manner, with vast scope for possible corruption. Is it not the duty of
government to be transparent ?


JUDICIAL   CORRUPTION IN INDIA

JUDICIAL CORRUPTION
MY LORDS, THERE’S A CASE AGAINST YOU
Former Union law ministers are spearheading a campaign against sitting judges they accuse of being corrupt. What is the higher judiciary doing to clear itself of these grave charges?
Avinash DuttNew Delhi
Under observation: The Supreme Court of India
Photo by K. Satheesh

Senior lawyers have complained to the CJI and the President that Justice Bhalla illegally amassed properties
The campaign by some senior lawyers and former law ministers who have questioned the integrity of sitting high court judges is set to ratchet up the growing confrontation between the legislative and the judicial arms of the government. Former Union law ministers Shanti Bhushan and Ram Jethmalani are leading the battle against what they claim are corrupt practices in the highest echelons of the judiciary.
Bhushan has categorically condemned the rot he feels has set in the judicial system. “The judiciary of this country is not merely unaccountable, but corrupt and brazenly so,” he wrote in a letter to President APJ Abdul Kalam on December 17. Bhushan has demanded that the President initiate impeachment proceedings against Justice Jagdish Bhalla of the Lucknow Bench of the Allahbad High Court. On December 14, a Supreme Court (SC) collegium recommended that Justice Bhalla be appointed the Chief Justice of the Kerela HC.
Bhushan and Jethmalani, along with noted lawyers and former justices, including Rajendra Sachar, Indira Jaisingh and Hardev Singh, have formed the Committee on Judicial Accountability (COJA) and presented documents to the Chief Justice of India (CJI), YK Sabharwal, to support their complaint against the sitting judges. COJA complained to the CJI on July 11 that Justice Jagdish Bhalla had amassed several illegal properties in the name of his wife and other close relatives. Justice Vijender Jain, the former senior Judge in the Delhi High Court, who was recently appointed the CJ of Punjab and Haryana HC, is also in COJA’s line of fire.
By questioning the integrity of Justices Bhalla and Jain, Bhushan has thrown open the much larger question of judicial accountability. (See interview) “Leave aside taking any action against corrupt judges like Justice Jagdish Bhalla and Justice Vijender Jain, the CJI has been actually avoiding even properly investigating charges against them,” says Bhushan. According to documents produced by COJA on 21 July 2003, Renu Bhalla bought a 7,200 sq. metre plot near the Noida-Greater Noida expressway. On 28 March 2005, Uday Shankar, dsp, Gautam Buddha Nagar (Noida’s official name) submitted a report to the area dm in which he states that the sellers of the plot belong to the “land mafia”. In an enquiry submitted to the dm on 26 June 2005, RK Singh, the area sdm, also described the sellers as belonging to the “land mafia”. According to the two reports, the plots constituted a portion of the gram samaj (joint village property) land, illegally grabbed by the “land mafia”. (All the documents relating to the transaction are in possession of Tehelka)
The SDM’s report says that at the time of the transaction, the plot was worth Rs 7.20 crore in the open market, whereas Renu Bhalla paid Rs 5 lakh for it. The two reports also state that the sellers of the plot have been charged in several criminal cases, and had sold plots to several influential people to curry favour with them. Renu Bhalla is the wife of Justice Jagdish Bhalla.
Bhushan has also drawn attention to the July 2005 draw of lots for allotment of plots in Sector 44 in Greater Noida. When the computerised draw threw up several influential names, a few people approached the Allahabad HC alleging foulplay. In October 2005, the HC decided that the case warranted a fresh draw of lots and ordered a cbi inquiry into the scam. Among those who had been allotted plots in the scrapped list were Aarohi Bhalla and Sheeba Sabharwal. Aarohi Bhalla, who is the son of Justice Bhalla, was allotted plot number f-52, while Sheeba Sabharwal, daughter-in-law of the CJI YK Sabharwal was allotted plot number f-78. In November 2005, the Supreme Court stayed the Allahabad HC judgement, putting the cbi enquiry and the HC’s order to hold a fresh draw of lots on hold.
Admissible in court? Documents furnished by COJA against the justices
Members of COJA have offered to discuss the matter in person with the CJI but they say that they are still waiting to hear from him. Five months after their initial request, they sent another application to the CJI in November. This time they sought his permission to register an FIR against Justice Bhalla, claiming that their initial evidence was enough to register an offence against him under the Prevention of Corruption Act.
“The CJI did not even call us to hear our point,” says Bhushan. “I don’t know why Justice Sabharwal is shielding Justice Bhalla!” Bhushan is equally critical of Justice Vijender Jain.
Justice Jain, who took oath as the new CJ of Punjab and Haryana HC in November, had to endure many delays before he could be appointed to the post. The CJI had to make three efforts to promote Justice Jain. A collegium headed by the Chief Justice of India first recommended Justice Jain’s name for the post in July. However, President APJ Abdul Kalam returned the file, causing a minor embarrassment to the CJI and the Union government. When the collegium reiterated its recommendation through the government in November, the President had to sign the file.
Third time lucky: Chief Justice Vijender Jain

When a collegium headed by the CJI recommended Justice Jain’s name, the President returned the file
Earlier in May, a proposal by the CJI to make Justice Jain CJ of the Maharsahtra HC was stonewalled by a judge in the three-member collegium who questioned Justice Jain’s integrity. The member on the panel cited a complaint made to former CJI RC Lahoti against Justice Jain in January 2005. The CJI revived the proposal a month later, but again a judge on the collegium opposed his appointment. Finally, a fortnight later, in July 2006, the CJI made his third attempt to promote Jain, this time to the Punjab and Haryana HC.
This time around, to address dissenting voices, the CJI also consulted other SC judges who happened to be former chief justices of the Delhi High Court. According to reliable sources, Justice Jain’s former seniors also questioned his integrity. However, on the basis of a majority, the proposal to promote him was forwarded to the Union government for the President’s assent.
A major hurdle in promoting Justice Jain continued on page 8 continued from page 6 was a complaint by one Subhash Agrawal who approached then CJI RC Lahoti in January 2005 with the complaint that Justice Jain had violated the code of conduct for judges. Agrawal claimed that Justice Jain gave a judgement in favour of someone with whom he had “family relations”. He produced a copy of the invitation card of the litigant’s granddaughter’s wedding, held in April 2001. According to the card, the venue of the wedding was the official residence of Justice Jain. (Tehelka has obtained a copy of the wedding card from the Central Information Commission). In November 2004, Justice Jain, hearing an appeal, decided a civil suit in favour of the person who had held his granddaughter’s wedding at his official residence.
When there was no response to his complaint in October 2005, Agrawal approached the SC to find out the status of his complaint under the rti Act. He was told that his complaint was in the relevant HC file. Not satisfied, Agrawal approached the Central Information Commission. On the commission’s insistence, the SC finally told Agrawal that his complaint had not actually been forwarded to the HC, as the SC has “no administrative jurisdiction” over high court judges. Therefore, the complaint was pending before the CJI, YK Sabharwal. The commission asked the CJI to act on the application. The CJI finally settled the complaint, saying he found no merit in it. When Agrawal asked for reasons behind the decision, he drew a blank.
It’s not just Bhushan who feels the need to bring about accountability and transparency in the judiciary. Janata Dal (U) president Sharad Yadav says the issue will be discussed when the Judicial Accountability Bill is tabled in Parliament. “When the government tables the bill, all its aspects will be discussed,” Yadav told Tehelka.
CJI YK Sabharwal could not be reached for his comments. Despite conciliatory notes from him there are all indications that the clamour surrounding judicial misdemeanour and the demand for greater accountability will only increase in the days to come.
Dec 30 , 2006


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‘Half Of The Last 16 Chief Justices Were Corrupt’
The decision to declare assets is a big victory. Supreme Court lawyer Prashant Bhushan tells SHOMA CHAUDHURY what else is rotting in our judiciary
image
In public interest Prashant Bhushan has championed the fight for judicial accountability
Photo: SHAILENDRA PANDEY
It’s great judges have agreed to declare assets. But will it really help? Politicians do it too.
This decision is very welcome, even if it’s only happened under public pressure. It is proof of the power of public opinion. And even though declaring assets is a relatively minor aspect of judicial accountability, it will help. If a judge misdeclares his assets, there’s a chance someone might know he has particular properties he hasn’t declared, and may point it out. One could then examine if these can be explained within their legal income.
The debate around judicial accountability has got really hot. Are there watershed events that triggered this?
Not in my own perception, but I think for the public there were two watershed events – the Chief Justice Sabharwal case (where there was an allegation that Chief Justice YS Sabharwal’s orders to demolish commercial outlets in Delhi directly benefited his sons, who were partners with some mall developers) and the Ghaziabad Provident Fund scam. Both these cases got wide media attention. A 2006 Transparency International report said the judiciary in India is the second most corrupt institution after the police.
You’ve been at the forefront of the judicial accountability campaign. Why?I have been witness to judicial corruption in the courts for a very long time. I know decisions are passed for extraneous considerations, but it’s difficult to get hard evidence of this. There have been highprofile impeachment attempts, for instance, on Justice Ramaswamy, Justice Punchi and Justice Anand. Yet, they all went on to become chief justices. In my view, out of the last 16 to 17 chief justices, half have been corrupt. I can’t prove this, though we had evidence against Punchi, Anand and Sabharwal on the basis of which we sought their impeachment.
What is the root cause of judicial corruption then, and what are your key demands?
Our key demand is an institutional mechanism for entertaining complaints and taking action against the judiciary. Nothing exists today. Everyone realises impeachment is impractical. To move an impeachment motion you need the signatures of 100 MPS, but you can’t get them because many MPs have pending individual or party cases in these judges’ courts. In the impeachment proceeding against Justice Bhalla, the BJP declined to sign because LK Advani had been acquitted by him in the Babri Masjid demolition case. Such political considerations prevail all the time. An in-house procedure was set up in 1999, post a chief justices’ conference in 1997, but that too is activated only selectively. For example, the complaint against Justice Bhalla was that he had purchased land worth Rs 4 crore at Rs 4 lakh — approximately — from land mafia in Noida. This was based on a report from the DM and SSP of Noida. This land mafia had several cases pending in courts subordinate to Justice Bhalla. Another complaint was that in the Reliance Power matter, though his son was the lawyer for Reliance Power, Justice Bhalla constituted a special bench while he was the presiding judge in Lucknow. He sat in the house of one the judges at 11pm at night to hear their case and pass an injunction in their favour. We asked Chief Justice Sabharwal to initiate proceedings against Bhalla, but he refused.
Similarly, Justice Vijender Jain decided the case of a person whose granddaughter had been married out of his own house. He was a close friend but he still heard and decided the case in this person’s favour. The point is, in these cases though very specific complaints were made to the then Chief Justice of India (CJI), he didn’t do anything to activate the in-house procedure. All these judges have gone on to become chief justices. Bhalla is still chief justice of Rajasthan; Virendra Jain became chief justice of Punjab and Haryana.
What’s the answer?The first problem is that there is no independent institution for entertaining complaints and taking action against judges. There has to be a National Judicial Complaints Commission — independent of the government and judiciary. It should have five members and an investigating machinery under them. The second problem lies in the Veeraswamy judgment, which ordered no criminal investigation can be done against a judge without prior written permission of the CJI. That’s what happened in Karnataka. There was a complaint against several judges visiting a motel and misbehaving with women. When the police officer came, the judges threatened him and said no FIR could be filed against them because they were judges. This happened in the Ghaziabad Provident Fund case as well. The investigation is stumped because the CJI hasn’t given permission. We have to get rid of this injunction.
The third problem is the Contempt of Court Act. Today, even if you expose a judge with evidence, you run the risk of contempt. Judges are even seeking to insulate themselves from the RTI. We have to get rid of the Contempt of Court Act – not the whole Act. Disobeying the orders of the court is civil contempt – that should remain. Interfering with the administration of justice is criminal contempt – that too should remain. What needs to be deleted is the clause about scandalising or lowering the dignity of the court, for which Arundhati Roy was sent to jail. Finally, there is the problem of appointments. Earlier, judicial appointments were made by the government, which was bad enough. Now, by a sleight of hand, the Supreme Court has taken the power of appointments to itself. Earlier there were political considerations; now there are nepotistic ones.
Again, what’s the answer to that?
We need an independent Judicial Appointments Commission, which is independent and works full time, and follows some systems and procedures. Eligibility lists should be prepared and comparative merits debated and evaluated. You can’t just pick judges arbitrarily, and let people know about it only after the deed is done.
There is still no independent body to process complaints and action against judges
What are the best practices and conventions elsewhere?
We should at least have Public Confirmation hearings like in the US. In the Senate Judicial Committee, you have hearings where any public citizen can give evidence about the background of a judge that has bearing on their appointment. This is being fiercely resisted here.
Do any counter arguments hold?
None that I can see. The judges say all this will compromise their independence. Unfortunately, they are equating the independence of the judiciary with independence from accountability. Independence of the judiciary was meant to be independence from the political establishment, not from all accountability.
Are there other ways in which judicial corruption manifests itself?There are so many. There is Justice Kapadia who decided on the Niyamgiri mining lease case in Orissa. He said Vedanta can’t be given the lease because it’s been blacklisted by the Norwegian government; but its subsidiary company Sterlite can get the lease because it is a publicly listed company. Justice Kapadia said it’s publicly listed because he had shares in it and yet he passed an order in favour of Sterlite! There is a law against judges hearing cases where there is a conflict of interest, but they just bypass it and you can’t complain because that would be contempt.
WRITER’S EMAIL
shoma@tehelka.com

From Tehelka Magazine, Vol 6, Issue 35, Dated September 05, 2009


Burn After Reading
BRIJESH PANDEY and SANJAY DUBEY track the Supreme Court’s lack of urgency in investigating charges of judicial corruption
THE STORY OF A QUIET BURIAL?
Special CBI judge Rama Jain uncovers Rs 7 crore Provident Fund scam during vigilance inquiry
Accused Ashutosh Asthana revealed that he was paying off 36 judges including a sitting Supreme Court judge and 11 High Court judges
Supreme Court directs CBI to investigate, permits interrogation of all involved judges
Several status reports given by the CBI to the apex court
Reports kept secret. Action taken on basis of reports unknown
WHEN SPECIAL CBI judge Rama Jain received an anonymous letter in January 2008, telling her that the provident funds of Class 3 and Class 4 employees of the Ghaziabad court were being siphoned off, she had no idea that she had stumbled onto the biggest judicial scam in the history of independent India.
As she was the designated vigilance officer at the Ghaziabad court, she first conducted an inquiry on her own, which uncovered the involvement of at least three judges and the Central Nazir in the embezzlement of funds. She reported the matter to the Allahabad High Court, which, in turn, ordered a vigilance inquiry. Holding that the report, prima facie, had merit, the court directed her to file an FIR.
Central Nazir Ashutosh Asthana was arrested on the basis of the FIR on April 10, 2008. His interrogation revealed that Asthana was not a solo player. He claimed that he was first introduced to the scam by a district judge himself. What followed was so shocking that even the Ghaziabad police was on the backfoot. Asthana confessed that from the Rs 7 crore embezzled, he had given cash and gifts such as airconditioners, refrigerators, expensive clothes, jewellery and furniture to as many as 36 judges, including about 10 High Court judges and one Supreme Court judge. In a sworn statement before a magistrate, Asthana revealed that this fraud had run from 2001 to 2007 with the active connivance of district judges. Every month, Asthana even paid bribes to various judges, from Rs 25,000 to a whopping Rs 1.5 lakh.
When these excerpts from Asthana’s confession became public, the public image of the judiciary touched a new low. In perhaps the biggest moment of crisis for the Indian judiciary, Asthana, the main accused, has in turn named judges from the Ghaziabad District Court to the Allahabad High Court, right up to the Supreme Court. This was not all.
These revelations stunned the Ghaziabad police. Clearly out of their depth and (justifiably) wary of taking on the powerful judiciary, they requested the Ghaziabad court to hand over the probe to the CBI. In September 2008, the Supreme Court transferred the case to the CBI, but with a rider: Investigate, but give us a sealed report. The PF scam, as it had come to be known, gave the judiciary a wonderful opportunity to redeem itself in the eyes of the people but the case remained shrouded in secrecy. Cynics then said that the whole matter would be given a quiet burial. Eighteen months after the scam became public and four CBI status reports later, the cynics appear to have had the last laugh.
image
This delay and secrecy in such a highprofile scam raises various uncomfortable questions for the Indian Judiciary. Legal luminaries believe that this is symptomatic of a larger malaise which ails the judiciary. Says jurist Ram Jethmalani, “The reputation of a judge is more important than the actual fact of his honesty. In fact, if a judge has a bad reputation, even if it is undeserved, he should not be appointed because then nobody will have confidence in his judgements,” adding, “When the judiciary expedites cases concerning the executive branch or even most prominent cases, why is such urgency not displayed here, when the matter is extremely serious. Why this delay?”
For six years, funds worth Rs 7 crore were embezzled and judges were allegedly bribed
A VALID QUESTION. Asthana named 36 judges (a list of which is with TEHELKA). Other than the fact that a few have retired, virtually nothing is known about the fate of the judges of the Allahabad High Court and the Supreme Court judge. Whether or not the apex court is planning to initiate or has initiated, criminal charges against any of the judges — sitting or retired — are questions that only the Supreme Court can answer.
And the apex court should answer, argues former Union law minister and senior advocate Shanti Bhushan. “I don’t appreciate this sealed-cover business except in very rare cases when making something public might be detrimental to the public interest — mainly if there is an army secret. Whether it is the judiciary or the executive, all officers are appointed on the behalf of the people. It is on the people’s behalf that the judiciary exercises its powers. How can you keep investigations in the PF scam secret? The people have every right to know what is going on.”
VN Khare, former Chief Justice of India, concurs. “These kind of things should not be allowed to linger. This shakes the confidence of the people in the judiciary. If there is an allegation or misconduct, it must be inquired into immediately and strict action should be taken against the erring judges. Why should the reputation of most judges suffer for no fault of theirs?”
image
When the judiciary expedites cases concerning the executive branch or even most prominent cases, why is such urgency not being displayed in this matter?
RAM JETHMALANI, Jurist
The biggest question which arises from this scam is the lack of will on the part of the judiciary to rein in errant judges. Let alone the judges named by Asthana, what about the fate of the three Ghaziabad District Judges named by vigilance officer of the district court Special CBI Judge Rama Jain herself? Legal luminaries say this hesitancy on the part of judges to act against fellow judges involved in wrongdoing clearly illustrates the prevailing mindset of the judiciary.
“I know of a retired Chief Justice of India who is one of the most honest judges I have ever seen. It’s difficult to imagine a more honest person. However, when a responsible minister made complaints to him against a corrupt High Court Judge, he did not grant permission for an investigation because he felt that as the head of the judicial family, it was his job to protect judges, be they corrupt or not,” says Shanti Bhushan. Ram Jethmalani chips in sarcastically, “This is the reason why judges call each other ‘brother judge.’”
IT IS not only cases like the PF scam which taints the image of the judiciary, but also the extreme reluctance on the part of the judiciary to be open and transparent. Reams and reams of paper have gone towards pious exhortations by the judiciary asking the government to refrain from corruption and work in an efficient manner. But sadly, no judge has held forth at length on the need for the judiciary to refrain from corruption. Even attempts to exercise the Right to Information with respect to the office of the CJI came a cropper as the CJI’s office was always declared out of bounds. It took a historic verdict by the Delhi High Court to declare that the office of the CJI was not immune from accountability and outside the purview of the RTI Act. Senior lawyers and retired chief justices feel that if the judiciary is not transparent or accountable, it only means that they are trying to hide something. Justice Khare feels, “Judges are more accountable than other persons because they hold a very high post. The very existence of the judiciary is based on the faith of the common man in it. If that faith is not there, how can the judiciary function?”
No judge holds forth at length on the need for the judiciary to refrain from corruption
What incenses them is the behaviour of the government with regard to the Judges’ Assets Declaration Bill which the government tried to introduce in 2009. The opposition erupted in protest and forced the government to defer the bill. Jethmalani terms the government’s approach to this bill as a “conspiracy of corruption”. “The government is scared to take on the judiciary. It’s clear that the executive wants to cosy up to the judiciary.” Agrees retired CJI V N Khare, “Why should there be any hesitancy to declare assets at all on the part of judiciary? The whole episode is beyond me.” In a recent development, the Supreme Court has reiterated before the Delhi High Court that the CJI’s office is outside the purview of the RTI Act.
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Corruption charges are swept under the carpet by the judiciary. But this has given a shield of total immunity to the judges, who think they can get away with anything
SHANTI BHUSHAN, Former law minister
Another assault on the public image of the judiciary is the Dinakaran episode. Currently, judges are appointed to the Supreme Court by the Supreme Court Collegium, a group of judges chaired by the Chief Justice of India. When Chief Justice Dinakaran of the Karnataka High Court was elevated to the Supreme Court, the state Bar and legal luminaries rose up in protest because the Collegium appeared to have dismissed, or, at least, not have considered the serious allegations of corruption against him. According to Senior Advocate Soli Sorabjee, “The Dinakaran episode shows that the Collegium is not working satisfactorily. You must have a national commission for judges which should be made up of judges, eminent jurists and senior government officials. This council should have the power to get independent information and evaluate it.” Shanti Bhushan feels that as judges are extremely busy with hearing cases, there should be a full-time commission whose sole function is to pick judges for the High Court and the Supreme Court and feels that the commission should also have its own bureau of investigation. They should not be dependent on either the local police, who might be afraid to investigate judges, or on an overburdened CBI.
But all this is very hard to achieve. Jurists feel that the judges of the higher courts have converted themselves into a union of sorts and are trying to protect each other. “Their approach is to sweep every allegation under the carpet. Don’t allow the public to know about it. Let the public believe that our judiciary is very honest. But this has been counterproductive. It has given a shield of total immunity to the judges and they think they can get away with anything. This has led to an increase in corruption in the judiciary,” states Shanti Bhushan. Time and again, opportunities have arisen for the judiciary to reinvent itself in a new avatar. And time after time, it has failed. Caesar’s wife, they say, should be above suspicion. Whatever the cost it might take to ensure it.

From Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009


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