S.O.S e
- Voice For Justice - e-news weekly
Spreading the light of humanity & freedom
Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.08..Issue.32........11/08/2012
Rs 100 crore offered for Gali Janardhan
Reddy’s bail: Arrested judge
More skeletons are tumbling out in the murky
cash-for-bail scam involving mining baron and former Karnataka minister Gali
Janardhan Reddy as a lower court judge, arrested in the case, disclosed to the
ACB that Gali's men were ready to offer as much as a staggering Rs 100 crore to
secure bail for him. Earlier, the deal amount was put at Rs 15 crore.
T Lakshminarasimha Rao, the arrested judge,
disclosed that Dasaradharami Reddy, a relative of Gali, had made the Rs 100
crore offer, according to the confession statement recorded by the ACB. Krishna
Prasad, an auditor, who is known to him and another relative M Venkateswara Rao
approached Lakshminarasimha Rao in the second week of April with a request to
look for a `channel' to influence the CBI judge for Gali's release on bail.
"They were in touch with Dasaradharami Reddy who was willing to pay even
Rs 100 crore for securing the bail," the confession statement of Rao said.
Though the deal initially came as a shock to the arrested judge, who at the
time was registrar (enquiries), high court, he was later attracted towards the
deal, it said.
Lakshminarasimha Rao
called the CBI court judge B Nagamaruti Sarma to his residence on April 18 and
tried to convince him on granting of bail to Gali. Sarma did not agree for the
deal and went away rejecting the offer. He had, in fact, dismissed the bail
plea. Then another person Raavi Surya Prakash Babu, a real
estate dealer, who was taken to Bellary MLA Sriramulu by his associate
Kolli Lakshmaiah Chowdary for striking the deal, approached Rao again. Surya
Prakash had already met Sriramulu's nephew and Kampli MLA T H Suresh Babu who,
too, was trying to secure bail for Gali and advised him to wait as Nagamaruti
Sarma was not of 'their type'. But he requested Lakshminarasimha Rao to keep
the `channel' open as the deal was "too lucrative to be ignored".
Later, in a strange
sequence of events, Nagamaruti Sarma was shifted out of CBI court and a fresh
bail plea was filed which came before another special judge T Pattabhirama Rao.
Lakshminarasimha Rao roped in Pattabhi's batchmate D Prabhakar Rao, another
district judge, who was with the state election commission as its secretary
(legal). He also tried to push the deal but failed as Pattabhi told him that he
would decide the matter on only `merit'. It turned out later that Pattabhi
chose a 'route' planned by his friend Chalapati though the deal was only for Rs
5 crore. This was mainly because his friend did not put any precondition that
he should meet Gali Somasekhara Reddy, brother of Gali Janardhana
Reddy, before giving bail as was done by Prabhakar Rao, who was also
arrested in the case. Prabhakar in his confession spoke of only Rs 15 core
implying that he too was unaware of the whopping Rs 100-crore deal. While the
ACB arrested Lakshminarasimha Rao on July 12, Pattabhi was arrested last month.
Interestingly, the ACB sleuths seized some
cheques bearing the names of Lakshminarasimha Rao's family members with some
complaint letters written by advocates against some AP high court judges. The
letters were addressed to the President of India.
FINAL
SHOW-CAUSE NOTICE TO CHIEF JUSTICE OF INDIA , ALL MEMBERS OF INDIAN
PARLIAMENT ( MP ), MEMBERS OF LEGISLATIVE ASSEMBLIES (
MLA ) & 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.Ps closed ,
buried forever.
To my numerous appeals , HRW’s appeals to you ,you have not yet replied. It clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.
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 .
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.
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
: 15.07.2012……………………………………………..your’s sincerely,
Place : Mysore , India………………………………………….Nagaraja M R
Place : Mysore , India………………………………………….Nagaraja M R
‘Corrupt judges must face
the music’
Corruption exists in the Indian
judiciary. A few judges are inappropriately influenced in their decision
making. Saying this is A P Shah, former chief justice of the high courts of
Madras and Delhi.
Shah lived up to his reputation for
calling a spade a spade on Saturday, when he delivered a speech on judicial
appointments and accountability at a function organized by the Nani Palkhivala
Foundation and the Govindh Swaminadhan Trust at the Music Academy .
“Corruption has spread its tentacles
and does not seem to be limited to conventional forms of bribery,” he said.
Stating that judges guilty of misconduct should face prosecution, he said
judicial independence should not protect a judge from investigation and censure
for a valid charge.
The country remembers Justice Shah
for his orders in the Delhi high court decriminalizing ‘unnatural sexual
offences’ under Section 377 of IPC and ruling that the office of the Chief
Justice of India too was amenable to the RTI Act. But, Chennai remembers the
no-nonsense jurist for being instrumental in the removal of giant hoardings in
the city. Sitting with Justice K Chandru, he quashed the political exemption
granted to unauthorised buildings in the city, and it was because of his orders
that many public buildings today offer a barrier-free environment to disabled
people.
On Thursday, Justice Shah spoke on
judicial accountability, servility, corruption, judicial independence and the
need to usher in a transparent process to select judges.
Lamenting the ‘democratic deficit’
in the way judges are chosen on the basis of undisclosed criteria and
circumstances, Justice Shah said: “The present system of judicial appointments
in the constitutional courts exemplifies the misalignment between the core
values of judicial independence and accountability.”
He discussed the US and the UK model
of appointing judges, but said a hybrid model where a judicial appointment commission
short-listing the names, which could be rejected only on specific reasons, was
most suitable for India.
Slamming the Judicial Standards and
Accountability Bill 2010, he said involving MPs in the procedure would
undermine the judicial independence. “If implemented in the present form, the
Bill would mark the beginning of the end of the judiciary,” he said.
- VIVEK
MALHOTRA
In every country the judiciary
comprises the third and in many ways the most important organ of the
governmental machinery. The executive and the legislature of course have a
vital role to play in the multifaceted task of governance, but in a federal
set-up, it is the judiciary that holds the balance. Lord Bryca, the famous
British Jurist and constitutional expert, rightly commented that there is no better
test of the excellence of a government than the efficiency of the judicial
system.
The judiciary is in fact the
guardian of the people’s right; it protects these rights from encroachments by
the Government, public bodies and individuals. The liberty of the people, so
vital in a democracy, gets endangered if there is no totally independent
judiciary commanding the highest conceivable degree of credibility. If the
judges, are not men of integrity and sound moral character, public confidence
in the judiciary cannot be ensured.
It is this public trust and
credibility that is now threatened as a result of certain improprieties,
indiscretions and even acts of direct and indirect corruption, by certain
judges. No one., least of all the framers of India’s carefully devised
Constitution, envisaged a situation in which the judiciary would get exposed to
charges of corruption. The recent acts of colleagues here and abroad but also
by all people everywhere who cherish high moral principles and the values on
which our polity is supposed to be based.
Until recently, talk of the threat
of collapse of the judicial system was linked with the unbearable work load
of the judges at various levels, caused by the frightening backing
of cases together with the ceaseless flow of new ones.
The delays in getting justice
from the courts are proverbial. Even six decades after independence there is no
sign of the speedy, inexpensive justice which the Founding Father of the
Republic and other leaders envisaged. Some people even fear that a time may
come when disputes will be settled through extra judicial means, as has
happened in certain areas of Bihar.
Among the causes of the scandalous
delay are the complicated court procedures, the needlessly lengthy and
adjournments (generally sought by the lawyers) themselves in order to
enhance their incomes), the heavy pressure of work necessitating long intervals
between hearings, the facility of lodging appeals to high courts, the
inadequate number of judges and the numerous holidays. Two lack fresh cases are
filed in the various courts each year while the disposal rate does not exceed
9,000. The work load of all courts – subordinate, High or Supreme is doubling
every seven years.
The former Chief Justice of India,
expressed anguish over the failure of the judicial system to meet the needs and
expectations of the public for the justice and redress in private disputes or
against the Government. All members of the judiciary, especially judges of the
High courts are expected to be scrupulously honest and men of integrity.
Unfortunately, several senior judges of the Mumbai High Court have
become controversial figures.
Judicial independence has been
enshrined in the Constitution under Article 124. A judge’s salary or other
service conditions cannot be altered to his disadvantages. He cannot be removed
from office, save through the arduous process of impeachment which requires
approval of a two-thirds majority of ach House of Parliament. To get this
is indeed a difficulty task. This independence has enabled the Courts to
invalidate several unconstitutional laws passed by the legislatures affecting
the rights and liberties of the citizens or the Press. Judicial independence ,
however, should no got to the extent of making judges irresponsible or
unconcerned about the proper performance of their duties and their
accountability for their actions and indulging in graft.
There seems to be a nexus between
the sudden fall in the credibility of the judiciary and the increasing
politicization of the process of appointment of judges in which lobbying in the
corridors of power rather than knowledge of law and character was found to be
quite effective. Unless the executive sheds its power of having the final voice
in judicial appointments and transfers, the situation cannot improve.
The Judge’s conference thought if
the existing system was worked in the true sprit, it could prove more useful.
To ensure that malpractices do no creep in, it wants that the Chief Justice of
India’s role should not be merely consultative as at present but it must be
laid down that his concurrence is necessary for appointments and transfers.
Also in the case of appointment of High Court Judges, it is the Chief
Justice of the High Court who should recommended the
name and the Chief Minister should only be consulted. In essence, it
is politic and political influence that lead to miscarriage and
denial of justice and even corruption.
The living conditions and economic
status of some judges are started to pathetic. But could be
any justification for indulging in corruption – the every evil of
judiciary is expected to check. in this connection, the suggestion of a
top anti-corruption drive expert that there should be an inter-judiciary or in-house
body, which may be called ‘Board of Judicial Ethics’ is a sound of one.
Who Will Judge the JUDGES
?
Mr.Arvind
Kejriwal & Mr.Winston Churchill are Almost RIGHT – Criminals have
entered Indian Parliament -
Legislate LOKPAL Bill
With whole hearted respects to the
parliament & all constitutional bodies , hereby we are appealing to the
honest few in public service , honest few in parliament , honest few in
judiciary & honest few in police , to legally prosecute their corrupt colleagues
, to legislate “ LOKPAL BILL” with full powers to
enforce accountability of all public servants , MPs , MLAs , Police , etc
to the citizens of india. Contempt of Parliament & other
constitutional bodies is being made by some of the Corrupt MPs themselves.
Therby these MPs are making contempt of Indian Parliament , 105 crore Indian
citizens , Constitution of India and Obstructing the Indian Citizens from
performing their FUNDAMENTAL DUTIES to uphold constituion of india , it’s
dignity. These Corrupt Public Servants are doing more damges to India’s
National Unity & Integrity than naxals & terrorists . These
Corrupt Public Servants are more deadlier & greater threat to india than
Pakistan & China. The honest few in parliament & other
constitutional bodies are either keeping mum or not taking appropriate steps to
intiate criminal legal prosecution against their corrupt colleagues , this is
aiding those criminals to do more crimes , to go unpunished , to manipulate
legal system , to manipulate evidences / records , to get acquitted by courts
for lack of evidences , to influence police to withdraw cases against them or
to file B reports , etc. In these ways the corrupt public servants will never
be convicted , they will be either stay as accussed or acquitted for lack
of evidences or government withdraws cases against them or police file B
report.
Citizens of india are supreme in
democratic republic of india. parliament , MPs , MLAs are creations of citizens
and are subservient , subordinate to the citizens of india. Creations cann’t be
supreme than the creator.
Vohra committee has officially
acknowledged the criminalization of politics , parliament , legislatures. The
politicians crave for power because , while in power investigating /
prosecuting agencies will be under their control / influence and they can
manipulate the legal process , WHITE WASHING all their crimes. Just see ,
recently union home minister Mr.Chidambaram influencing the delhi
police for closing a cheating case against a builder by forcing the
police to file “B” report. Recent example read vijaya karnataka kannada daily
dated 14.04.2012 lokayukta police favoring ex-CM Yediyurappa &
Minister Somanna tried to close a case before lokayukta court by filing B
Report although enough evidences are there to prosecute Ex CM & Minister .
Politicians stoop low to such levels , to make money Ex : irregularities
in purchase of coffins meant for kargil martyrs , allotment of flats
meant for war widows , war veterans at Mumbai.
If proper accountability of public
servants is legally enacted, independence , autonomy of judiciary & police
is legally enacted , then those in power cann’t WHITE WASH their own
crimes. That is the reason many political parties are opposing “LOKPAL BILL”
since decades under many pretexts.
Subject to conditions , I do offer
my services to the government of india & supreme court of india , to
legally apprehend CRIMINALS , CORRUPT PUBLIC SERVANTS ,
ARE YOU READY to utilize our services ?
JANLOKPAL BILL - Need for Accountability of VVIPS
While drafting our
constitution of india , drafting members - freedom
fighters themselves assumed that in future
also the persons who will occupy constituional positions will be sincere &
of high impeccable integrity. However they
were proved wrong. Late Prime Minister of Great Britain Mr.Winston Churchill
has been proved right.
“Power will go to the hands of
rascals, , rogues and freebooters. All Indian leaders will be of low calibre
and men of straw. They will have sweet tongues and silly
hearts. They will fight among themselves for power and will be lost
in political squabbles . A day would come when even air & water will be
taxed.” Sir Winston made this statement in the House of Commons just before the
independence of India & Pakistan.
Nowadays ,
criminals have entered into public service , working as
police , magistrates , etc. Criminals have become MPs , MLAs and are also
working as Cabinet Ministers . Criminals have become
judges , some of them have become supreme court judges.
End
result CRIMINALS POLICING THE OTHER
CRIMINALS , CRIMINALS DRAFTING LAWS ,
CRIMINALS JUDGING OTHERS.
Even there are cases
of irregularities , illegaliteies by Prime
Minister of India and Irregularities , illegalities
committed by supreme court of india judges . Example
: JMM MPs bribery case , CWG Scam , 2G Scam , Bofors Scandal ,
etc and Bhopal Gas Tragedy Judgement fixing
by then chief justice of india by way of alteration
of charges , financial irregularities , illegal dealings
by supreme court judges , etc.
In this backdrop , continuing with
legal immunity to Prime minister of india , supreme court judges or
any constitutional persons is nothing but blanket clearance to
those VVIPs to commit more crimes , more anti-national
acts wthout the fear of Law or Legal Prosecution.
THIS LEGAL IMMUNITY IS & WILL BE
AGAINST THE
BASIC CONSTITUTIONAL LETTER & SPIRIT OF EQUALITY & EQUITABLE JUSTICE.
Are not some of
the cabinet minsiters , so called constitutional
experts , great advocates aware of this fundamental
violation of constitution of india. Ofcourse , these advocates
rightly fight for , take the cases of poor , commonman , they usually take
cases of MNCs , Big time criminals , etc. Let these
constitutional experts show us a single government hospital without
corruption . Let the light of
our constitution shine on our learned
friends in the parliament belonging to all political parties.
Corruption is there in every political party , in the same way there
are very few honest persons in all political parties , judiciary ,
police & public service. Why you are afraid of accountability to
people , while you are enjoying 5-star luxurious lifestyles at tax
payer’s expense ?
If you are
so sincere READ ARTICLES / CASE at following web
pages & ANSWER :
Judgements for SALE in India
Cross Examination
of Loksabha Speaker & RajyaSabha Dy Chairman
Parliamentary Privilege or Cover-up
of Crimes
Threats to RTI Applicant &
Judgement Fixing
Honour of Indian Parliament
for SALE
FUNDAMENTAL
RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA
Let the Legislators of states,
members of parliament, High courts & Supreme Court Judges & other
constitutional functionaries answer the following questions which are vital in
a democracy.
1) What are the fundamental rights
of a citizen guaranteed under the constitution (Article 21) ?
2) What are the privileges conferred
on legislators & parliamentarians by the constitution of India?
a) Inside the House b) Outside the
House
3) What are privileges conferred on
constitutional functionaries, like
a) President of India b) Prime
Minister of India
c) Chief Justice of India d)
Chairman of NHRC
e) Central Vigilance Commissioners.
4) Are the privileges legal immunity
conferred on above mentioned constitutional functionaries ?
a) Cover all their official actions
irrespective of merit.
b) Cover both their official &
personal actions.
5) Are the privileges defined &
codified ?
6) Are these privileges above
freedom of the press ?
7) Are the liberty & fundamental
rights of the citizens guaranteed by the constitution, above the privileges of
the constitutional functionaries or equal or below ?
8) Can the Indian legislatures &
parliament be equated to the House of commons in England which is considered to
be a superior court and court of records ?
9) Can the division of powers,
namely the legislature, the executive and the Judiciary, be equated to the
functioning of the House of commons and House of Lords in England ?
10) Can a citizen be said to have
committed breach of privilege of the House or court and causing contempt of the
house or court by raising the issues of accountability of constitutional
functionaries ?
11) Can a Legislature or Parliament
enact a new law, to circumvent or to nullify the Judicial orders with respect
to wrongdoings by peoples representatives & executive ? does not it amount
to infringement of Judicial powers & contempt of the court by the House.
12) Are the FUNDAMENTAL DUTIES of a
citizen more important than constitutional duties of a constitutional
functionary or equal in importance to it ?
13) Can a constitutional functionary
commit crimes, anti-national activities in the name of constitutional duties,
behind the legal veil of official’s secret act & go unaccountable for his
actions and go unpunished by his legal immunity privileges ?
14) Are the Legislators members of
parliament, High court & Supreme court Judges and other constitutional
functionaries not willing to codify their privileges for the reason that if
codified their privileges would be curtailed and their action would be
subjected to legal scrutiny. ?
15) By votes of citizens Legislators
and parliamentarians get seats in the legislature and Parliament out of tax
payer’s money, they get their pay, perks & lead 5-Star luxurious
lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat
of legislator or parliamentarian is above or more valid in a democracy ?
16) Judges & Constitutional
functionaries are indirectly appointed by voters / tax payers. Out of tax
payers money, they get their pay, perks & lead 5-star luxurious lifestyles.
Hence, whether the vote of a citizen, fundamental duties of a tax payer is
above (more valid) or a seat of judge / constitutional functionary is above
(more
valid) in a democracy ?
valid) in a democracy ?
17) If there is a vacuum in the
Legislature or parliament, who is to fill up that vacuum till such time that
the legislature or parliament acts provide a solution by performing its role by
enacting proper legislation to cover the field (vacuum) ?
18) While it is an unhealthy
practice for a Judge to claim to be a Judge in his own cause, is it not worse
for the members of the legislature and parliament to be judges in their own
cause ?
19) Are the Technicalities of the
case more important to a judge or Justice to a citizen, protection of
fundamental rights of citizen.?
20) Why not the constitutional
functionaries initiate suo moto action with respect to numerous cases of
injustices reported in Media ?
21) Why not the Judges admit various
cases of Injustices affecting public, as the Public Interest Litigation” ? In
some cases, the Public or the person representing them is unable to afford the
high cost of the case. Why not free legal aid is given ?.
22) What is the criteria for
admitting a P.I.L. & giving free legal aid ?
23) Communication – free flow of
information is the lifeline of a democracy. Why the constitutional
functionaries are not honouring the Right to Information of Citizens ?
Shame to Corrupt
Judges of India
Editorial
: Legal prosecution of cruel & inhuman STF police personnel
- An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA
- An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA
During “catch forest brigand
veerappan operation” , Special Task Force
police personnel , illegally arrested , detained , tortured &
murdered innocent tribal people of both tamil nadu & Karnataka states.
NHRC has clearly noted the crimes of STF personnel & ordered both
Karnataka & tamil nadu governments to pay compensation to victims of
police atrocities. However still some of these victims are not yet
paid compensation by these governments , why ? also , the government
instead of legally prosecuting guilty police officers on murder
charges , has given awards & promotion to guilty inhuman police
officers. Is the government sending a message that 3rd degree torture
& murders in lock-up / fake encounters is acceptable & legal ? is it
equitable justice ? is there one set of law for police & another for
common people ?
police personnel , illegally arrested , detained , tortured &
murdered innocent tribal people of both tamil nadu & Karnataka states.
NHRC has clearly noted the crimes of STF personnel & ordered both
Karnataka & tamil nadu governments to pay compensation to victims of
police atrocities. However still some of these victims are not yet
paid compensation by these governments , why ? also , the government
instead of legally prosecuting guilty police officers on murder
charges , has given awards & promotion to guilty inhuman police
officers. Is the government sending a message that 3rd degree torture
& murders in lock-up / fake encounters is acceptable & legal ? is it
equitable justice ? is there one set of law for police & another for
common people ?
Hereby , we do once again request
your kindself , to dismiss guilty
police officials from police service , to withhold their pension
benefits , to legally prosecute them on charges of murders of
innocent tribal people & on charges of attempt to murder innocent
tribal people by 3rd degree torture methods. Hereby , we also request
you to make public JUSTICE A.J. SADA SHIVA COMMISSION’s findings
about atrocities by STF personnel.
police officials from police service , to withhold their pension
benefits , to legally prosecute them on charges of murders of
innocent tribal people & on charges of attempt to murder innocent
tribal people by 3rd degree torture methods. Hereby , we also request
you to make public JUSTICE A.J. SADA SHIVA COMMISSION’s findings
about atrocities by STF personnel.
To order the prison authorities to
subject the four convicts, accomplices of Veerappan to Narco analysis &
Bran mapping tests in a fair manner with unbiased questionnaire.
So that truth will come out about Ex-Minister Nagappa’s Murder
case, Amount of Ransoms paid during all kidnap episodes including Movie star Raj Kumar’s kidnap episode. Truth will come out about the Minister M.L.As. M.Ps. Police & Forest Officials who have stacked away riches by helping him. Truth will come about Granite quarry owners who helped him. Truth will come out about traders, merchants who traded in goods , sandal wood , Ivory supplied by forest brigand Veerappan.
To order the Govt of Karnataka , to make public the Justice A J
Sadashiva’s commission’s final report & complete proceedings . Then the truth will come out, how the STF personnel, police tortured tribal people at a place called WORK SHOP IN M M HILLS how they gang raped tribal women repeatedly for days together, how they burnt their breasts, how they pushed sticks smeared with chilli sambar powder into their anus. How the police tied men folk upside down from the ceiling . How many died, unable to bear the shame & torture ? Are not these brutal inhuman STF police personnel fit to be hanged till death, along with four accomplices of Veerappan ?
To order the National Human Rights Commission to make public the findings of its independent enquiry conducted about the police torture on tribal people. Violations of human rights of tribal people in the forest brigand veerappan’s Territory i.e. M M Hills.
So that truth will come out about Ex-Minister Nagappa’s Murder
case, Amount of Ransoms paid during all kidnap episodes including Movie star Raj Kumar’s kidnap episode. Truth will come out about the Minister M.L.As. M.Ps. Police & Forest Officials who have stacked away riches by helping him. Truth will come about Granite quarry owners who helped him. Truth will come out about traders, merchants who traded in goods , sandal wood , Ivory supplied by forest brigand Veerappan.
To order the Govt of Karnataka , to make public the Justice A J
Sadashiva’s commission’s final report & complete proceedings . Then the truth will come out, how the STF personnel, police tortured tribal people at a place called WORK SHOP IN M M HILLS how they gang raped tribal women repeatedly for days together, how they burnt their breasts, how they pushed sticks smeared with chilli sambar powder into their anus. How the police tied men folk upside down from the ceiling . How many died, unable to bear the shame & torture ? Are not these brutal inhuman STF police personnel fit to be hanged till death, along with four accomplices of Veerappan ?
To order the National Human Rights Commission to make public the findings of its independent enquiry conducted about the police torture on tribal people. Violations of human rights of tribal people in the forest brigand veerappan’s Territory i.e. M M Hills.
Jai Hind. Vande Mataram.
Your’s Sincerely,
Nagaraja.M.R.
The United
Nations International Day in Support of Victims of Torture – 26
June is held annually on 26 June to speak out against the crime of torture and to honour and support victims
and survivors throughout the world.
“
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This is a day on which we pay our
respects to those who have endured the unimaginable. This is an occasion for
the world to speak up against the unspeakable. It is long overdue that a day
be dedicated to remembering and supporting the many victims and survivors of
torture around the world.
|
”
|
—Former
United Nations Secretary-General Kofi Annan[1]
|
“
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At a time when the legitimate
aspirations of people in many regions of the world for greater freedom,
dignity and a better life are too often met with violence and repression, I
urge States to respect the fundamental rights of all people. Torture and
other forms of cruel, degrading and inhuman treatment and punishment,
wherever they occur and whatever the circumstances, can never be justified.
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”
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Contents
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International
Torture day in Support of Torture Victims- 26th June
United Nations has designated 26thJune
as the International Day Against Torture to emphasize the importance
of the right to personal dignity and security of all individuals around the
world, guaranteed within the Universal Declaration of Human Rights.
It is the anniversary of a landmark
event in the fight for human rights. It is meant to commemorate the adoption of
the Convention Against Torture by the United Nations General Assembly. In India
June 26 has a special significance as in 1975 on this day the dreaded EMERGENCY
was declared.
In October 1997, the Government of
India signed the Convention Against Torture (CAT) making the following
statement: “The Convention corresponds to the ethos of Indian democracy, rule
of law, individual freedom, personal liberty and security enshrined in Indian
polity. Signature of the Convention Against Torture by India is an important
milestone in the process of India’s continued commitment to fundamental and
human rights of all persons and directive principles of national policy.
Ratification of the Convention is to follow.” Yet, torture continues to be a
part of the administrative system in many parts of our country. Over the last
decade, there has been mounting evidence that torture has become an
institutionalised practice within India.
Center for Enquiry into Health and
Allied Themes (CEHAT), commemorated the International day in support of torture
victims by staging company theatre’s play ‘ voices’ in the University campus,
kalina in Mumbai. The play depicted various forms of torture. After the play, a
discussion was held on the issue of torture and human rights. Students largely
felt that India should ratify the Convention against Torture (CAT) Snaps
of the play
This convention bans torture under
all circumstances and establishes the UN Committee against Torture. In
particular, it defines torture, requires states to take effective legal and
other measures to prevent torture, declares that no state of emergency, other
external threats, nor orders from a superior officer or authority may be
invoked to justify torture. It forbids countries to return a refugee to his
country if there is reason to believe he/she will be tortured, and requires
host countries to consider the human rights record of the person’s native
country in making this decision.
The CAT requires states to make
torture illegal and provide appropriate punishment for those who commit
torture. It requires states to assert jurisdiction when torture is committed
within their jurisdiction, either investigate and prosecute themselves, or upon
proper request extradite suspects to face trial before another competent court.
It also requires states to cooperate with any civil proceedings against accused
torturers.
Each state is obliged to provide
training to law enforcement and military on torture prevention, keep its
interrogation methods under review, and promptly investigate any allegations
that its officials have committed torture in the course of their official duties.
It must ensure that individuals who allege that someone has committed torture
against them are permitted to make and official complaint and have it
investigated, and, if the complaint is proven, receive compensation, including
full medical treatment and payments to survivors if the victim dies as a result
of torture. It forbids states to admit into evidence during a trial any
confession or statement made during or as a result of torture. It also forbids
activities which do not rise to the level of torture, but which constitute
cruel or degrading treatment. The second part of the Convention establishes the
Committee Against Torture, and sets out the rules on its membership and
activities.
CEHAT strongly believes that Toture is a health and Human rights issue. It is a slow process that is designed to render its victim helpless, dependent and devoid of all human qualities. Torture destroys the sense of self; it confuses right and wrong; any belief in the stability of the world is taken away; “truth” becomes a word without meaning. Methods of torture are limited only by the fiendish fantasies of those whose business it is to break others down. Physical methods include beating, electric shock (especially to the genitals), stretching (as on a rack), asphyxiation techniques such as submersion in contaminated water and smothering with plastic, burning, blows to the ears, forced standing or forms of suspension, sexual assault of men and women, sometimes with trained dogs. Psychological methods include sensory deprivation, anonymity and dehumanizing experiences, exposure to the sounds/sight of others being tortured. Physical effects are both acute and chronic. Physicians may see survivors with symptoms and disabilities related to their torture experiences. Some typical debilitating symptoms include: sleeplessness, headache, fatigue, chronic musculoskeletal pains, gastrointestinal problems, neurologic disorders, and sexual dysfunction. The long-term psychological effects of torture may be manifested by symptoms of post-traumatic stress disorder, depression, anxiety and alcohol/substance abuse.
CEHAT strongly believes that Toture is a health and Human rights issue. It is a slow process that is designed to render its victim helpless, dependent and devoid of all human qualities. Torture destroys the sense of self; it confuses right and wrong; any belief in the stability of the world is taken away; “truth” becomes a word without meaning. Methods of torture are limited only by the fiendish fantasies of those whose business it is to break others down. Physical methods include beating, electric shock (especially to the genitals), stretching (as on a rack), asphyxiation techniques such as submersion in contaminated water and smothering with plastic, burning, blows to the ears, forced standing or forms of suspension, sexual assault of men and women, sometimes with trained dogs. Psychological methods include sensory deprivation, anonymity and dehumanizing experiences, exposure to the sounds/sight of others being tortured. Physical effects are both acute and chronic. Physicians may see survivors with symptoms and disabilities related to their torture experiences. Some typical debilitating symptoms include: sleeplessness, headache, fatigue, chronic musculoskeletal pains, gastrointestinal problems, neurologic disorders, and sexual dysfunction. The long-term psychological effects of torture may be manifested by symptoms of post-traumatic stress disorder, depression, anxiety and alcohol/substance abuse.
India is signatory to the Convention
Against Torture (CAT), and while it is yet to ratify the instrument, the
signature implies an intention to eventually incorporate the provisions of the
Convention into domestic law. The Convention specifically prohibits the use of
torture, obliging every State Party to “take effective legal, administrative,
judicial or other measures to prevent acts of torture in any territory under
its jurisdiction.”
Article 21 of the Constitution of
India provides that “[n]o person shall be deprived of his life and liberty
except according to procedure established by law”. The right to life in Article
21 of the Constitution of India does not mean mere survival or existence. It
encompasses the right to live with dignity. Torture is inflicted with the aim
of degrading a person and involves the violation of dignity. It therefore falls
within the ambit of Article 21. Further safeguards are provided under other articles
of the Constitution. Under Article 20(3), no person accused of any offence can
be compelled to be a witness against himself. Article 22 (1) and (2) provide
that a person who is arrested must be informed as soon as may be of the grounds
of his arrest. The person also has the right to consult a lawyer of his choice.
An arrested person must be produced before the nearest magistrate within 24
hours of his arrest.
The Code of Criminal Procedure
(CrPC) also requires the production of accused before court within 24 hours.
Section 54 of the CrPC gives the arrestee the right to be medically examined.
No statement of a witness recorded by a police officer, according to Section
162 of the CrPC, can be used for any purpose other than contradicting such a
statement. Thus admission of guilt before a police officer is not admissible in
a court of law. Section 164 of the CrPC requires that the magistrate must
ensure that a confession by the accused is voluntary. Sections 330 and 331 of
the Indian Penal Code (IPC) make it a penal offence to cause hurt to a person
in order to extract a confession.
A victim of torture by the police is
entitled to move the Supreme Court of India under Article 32 of the
Constitution or the concerned High Court under Article 226. The Supreme Court
and different High Courts have entertained various writ petitions alleging
police torture of prisoners. According to the Supreme Court, any form of
torture or cruel, inhuman or degrading treatment fall within the ambit of
Article 21 of the Constitution – whether be it during interrogation,
investigation or otherwise. A person does not shed his fundamental right
to life when he is arrested. Article 21 cannot be denied to arrested persons or
prisoners in custody (D K Basu v State of West Bengal).
On this
day CEHAT demanded that INDIA RATIFIES THE CONVENTION AGAINST
TORTURE AND
MEETS ALL STATE OBLIGATIONS AS MANDATED IN THE CONVENTION
Prosecute
Chief Justice of India
AEROPLANE
RIDES FOR CORRUPT POLICE & CORRUPT
JUDGES OF INDIA
TORTURE CHAMBERS OF INDIA – 3RD DEGREE TORTURE PERPETRATED BY
POLICE
IN INDIA – Gross violations of human rights by police
IN INDIA – Gross violations of human rights by police
We condemn the cruel
practices , murders committed by Naxalites & Terrorists. The
Cruelty by Naxalites , Terrorists does not legally authorize law
enforcing agencies to commit cruelty , murders in retaliation , an eye
for an eye. We are a democratic republic.
It is utter shame , that
a suspected female maoist person was tortured by police
inspite of strictures issued by the presiding judge. Refer the LAWS
OF JUNGLE in The Week dated 01.01.2012. Here the presiding judge of
the court failed to ensure the safety of a suspect inspite of her repeated
appeals to the court. The Police showed utter contempt to the orders of the
court & subjected the suspect to third degree torture. The Judge
& Police in the said case attempted to murder the suspect by way of
third degree torture . If the suspect is convicted by the
court about her crimes , let the court punish her as per legal
provisions. Who are police to punish her ? is it not the duty of
presiding judge of a case to ensure safety of both parties &
witnesses thereof ? Why not the legal prosecution of guilty judge &
police for above crimes ? Why not third degree torture , aero-plane
rides for the guilty judge & police ?
Aeroplane is the most cruelest form
of 3rd degree torture perpetrated
by police on suspects. Many innocent people have confessed to crimes
hey have not at all committed unable to bear the torture , pain. Many
innocents have been murdered in lock-ups by police during these type
of 3rd degree torture. Even if we go by the logic of police that
criminals only sing under torture & they rightly deserve it , when a
petty criminal stealing Rs.10000 is fit for “AEROPLANE TORTURE” ,
what about criminals stealing crores of rupees , what about corrupt
police who aid tens of such big time criminals by filing B-report ,
by putting weak case of prosecution , by delaying tactics allowing
for destruction of evidences , etc , what about judges who acquits big
time criminals , who give judicial orders while they are in a drunken
state , who acquit big criminals by conducting hearings even on dates
of government holidays (concocted). ARE NOT THESE CORRUPT POLICE &
JUDGES FIT FOR ”BUSINESS CLASS AEROPLANE RIDE TORTURE as per the
same logic of police.
by police on suspects. Many innocent people have confessed to crimes
hey have not at all committed unable to bear the torture , pain. Many
innocents have been murdered in lock-ups by police during these type
of 3rd degree torture. Even if we go by the logic of police that
criminals only sing under torture & they rightly deserve it , when a
petty criminal stealing Rs.10000 is fit for “AEROPLANE TORTURE” ,
what about criminals stealing crores of rupees , what about corrupt
police who aid tens of such big time criminals by filing B-report ,
by putting weak case of prosecution , by delaying tactics allowing
for destruction of evidences , etc , what about judges who acquits big
time criminals , who give judicial orders while they are in a drunken
state , who acquit big criminals by conducting hearings even on dates
of government holidays (concocted). ARE NOT THESE CORRUPT POLICE &
JUDGES FIT FOR ”BUSINESS CLASS AEROPLANE RIDE TORTURE as per the
same logic of police.
Why not 3rd
degree torture of Chief Justice of India , Union Home
Secretary and DG & IG of Police for Karnataka
who are NOT ANSWERING our RTI questions ?
At the outset , e – Voice salutes the few honest police personnel who
are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute
them & pay our respects to them and hereby appeal to those few honest
to catch their corrupt colleagues.
The police are trained , to crack
open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like
“Sherlock holmes” and apprehend the real criminals. nowadays , when
police are under various pressures , stresses – they are frequently
using 3rd degree torture methods on innocents. Mainly there are 3
reasons for this :
1) when the investigating officer (I.O) lacks the brains of
Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture
on
innocents.
2) When the I.O is biased towards rich , powerful crooks , to
frame
innocents & to extract false confessions from them , 3rd degree
torture
is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.
holding onto a thread of clue. Based on that clue they investigate
like
“Sherlock holmes” and apprehend the real criminals. nowadays , when
police are under various pressures , stresses – they are frequently
using 3rd degree torture methods on innocents. Mainly there are 3
reasons for this :
1) when the investigating officer (I.O) lacks the brains of
Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture
on
innocents.
2) When the I.O is biased towards rich , powerful crooks , to
frame
innocents & to extract false confessions from them , 3rd degree
torture
is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results – under work stress I.O uses 3rd
degree torture on innocents.
Nowhere in statuette books , police
are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn’t have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill them.
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn’t have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill them.
There is a reasoning among some
sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100′s
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don’t police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a
pick-pocketer to recover hundred rupees stolen ? double standards by
police.
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100′s
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don’t police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a
pick-pocketer to recover hundred rupees stolen ? double standards by
police.
In media we have seen numerous cases
of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don’t police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don’t police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown
before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas , before
rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.
dalits , before them police give the pose of heroes. Whereas , before
rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.
Torture in any form by anybody is
inhuman & illegal. For the purpose
of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
Hereby we urge the GOI & all
state governments :
1) to book cases of murder against police personnel who use 3rd
degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service
and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching government
contribution as compensation to family of the victim’s of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted
from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to
forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva’s report on “torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude
&
knack for investigations.
12) To insulate police from interference from politicians &
superiors.
13) To make police force answerable to a neutral apex body instead
of
political bosses. Such body must be empowered to deal with all service
matters of police.
14) The political bosses & the society must treat police in a
humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
biggies
& must be put on detective , investigative works.
1) to book cases of murder against police personnel who use 3rd
degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service
and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching government
contribution as compensation to family of the victim’s of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted
from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to
forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva’s report on “torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude
&
knack for investigations.
12) To insulate police from interference from politicians &
superiors.
13) To make police force answerable to a neutral apex body instead
of
political bosses. Such body must be empowered to deal with all service
matters of police.
14) The political bosses & the society must treat police in a
humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
biggies
& must be put on detective , investigative works.
Nowadays , we are seeing reports of
corruption by police & judges in
the media and are also seeing reports of raids by vigilance
authorities seizing crores of wealth from such corrupt police. Some
Judges have also amassed crores of wealth. Who gives them money ? it
is rich criminals , anti-nationals . By taking bribe & hiding the
crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating
agencies that all for the sake of national security , what degree of
torture these corrupt , anti-national police & judges qualify for ?
what type of aeroplane or helicopter the corrupt police / judges must
ride ? ofcourse , for protection of national security. Here also
police & judges have double standards , what a shame.
the media and are also seeing reports of raids by vigilance
authorities seizing crores of wealth from such corrupt police. Some
Judges have also amassed crores of wealth. Who gives them money ? it
is rich criminals , anti-nationals . By taking bribe & hiding the
crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating
agencies that all for the sake of national security , what degree of
torture these corrupt , anti-national police & judges qualify for ?
what type of aeroplane or helicopter the corrupt police / judges must
ride ? ofcourse , for protection of national security. Here also
police & judges have double standards , what a shame.
We at e – voice are for “Rule of
Law” & abhor all type of violence.
Truly these police & judges are not building a Ram Rajya of our
Mahatma Gandhi’s dream.
Truly these police & judges are not building a Ram Rajya of our
Mahatma Gandhi’s dream.
Jai Hind. Vande Mataram.
Your’s sincerely,
Nagaraj.M.R.
CRIMINALS
IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister
- An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is
apathy ,
brutality & corruption . in India, police are not impartially
enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs ,
drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the
following
information in the interest of justice.
brutality & corruption . in India, police are not impartially
enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs ,
drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the
following
information in the interest of justice.
1.how many CBI officials &
Karnataka state police officials are
facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?
facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever
increasing wealth of corrupt police
officials?
officials?
3.how many officials from the ranks
of constable to DGP have amassed
illegal wealth?
illegal wealth?
4.what action you have taken in
these cases ? have you got
reinvestigated all the cases handled by tainted police?
reinvestigated all the cases handled by tainted police?
5.how many policemen have been
awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not
registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e – voice is ready to bring to
book corrupt police officials subject
to
conditions, are you ready ?
to
conditions, are you ready ?
8.how many police personnel are
charged with violations of people’s
human rights & fundamental rights ?
human rights & fundamental rights ?
9.how many STF police deployed to
nab veerappan were themselves
charged with theft of forest wealth?
charged with theft of forest wealth?
10.how you are ensuring the safety ,
health , food , living space of
inmates in jails?
inmates in jails?
11.how you are ensuring the medical
care , health of prisoners in
hospitals & mental asylums?
hospitals & mental asylums?
12.How you are ensuring the safety ,
health , food , living space of
inmates in juvenile homes ?
inmates in juvenile homes ?
India’s
secret torture chambers
by syednazakat
They are our own Gitmos. Where, far
away from the prying eyes of the law, ‘enemies of the state’ are made to
‘sing’. Life inside India’s joint interrogation cells can scar people for life.
THE WEEK investigates
By Syed Nazakat
Little Terrorist, as the
intelligence sleuths came to call him, turned out to be a hard nut to crack. No
amount of torture would work on 20-year-old Mohammed Issa, who was picked up
from Delhi on February 5, 2006. The Delhi Police believed that he had a hotline
to Lashkar-e-Toiba deputy chief Zaki-ur-Rehman Lakhwi, who later masterminded the
26/11 attack on Mumbai. At a secret detention centre in Delhi, the police and
intelligence officers tried every single torture method in their arsenal—from
electric shock to sleep deprivation—to make Issa sing. He stuck to his original
line: that he had come from Nepal to visit a relative in Delhi. Only, they
refused believe him.
According to the police, the youth
from Uttar Pradesh, who had moved to Nepal in 2000 along with his family after
his father, Irfan Ahmed, was accused in a terrorism case, returned to India to
set up Lashkar modules in the national capital. More than six months after he
was picked up, the police announced his arrest on August 14. He has since been
shifted to the Tihar jail. His lawyer N.D. Pancholi said Issa was kept in
illegal custody for months. If not, let the police say where he was between
February 5 and August 15, he challenged.
Issa could have been detained in any
of Delhi’s joint interrogation centres, used by the police and intelligence
agencies to extract precious information from the detainees using methods
frowned upon by the law. As one top police officer told THE WEEK in the course
of our investigation, these torture chambers spread across the country are our
“precious assets”. They are our own little Guantanamo Bays or Gitmos (where the
US tortures terror suspects from Afghanistan and elsewhere for information).
Not many admit their existence,
because doing so could result in human rights activists knocking at their doors
and bad press for the smartly dressed intelligence men. It is a murky and
dangerous world, according to K.S. Subramanian, Tripura’s former
director-general of police, who has also served in the Intelligence Bureau.
“Such sites exist and are being used to detain and interrogate suspected
terrorists and it has been going on for a long time,” he told THE WEEK. “Even
senior police officers are reluctant to talk about the system.” So are people
who have been to these virtual hells that officially do not exist.
THE WEEK has identified 15 such
secret interrogation centres—three each in Mumbai, Delhi and Jammu and Kashmir,
two each in Kolkata and Gujarat and one each in Rajasthan and Assam. (One
detention centre that is shared by all security and law enforcement agencies is
the one in Palanpur, close to the Indo-Pak border in Rajasthan.) Their
locations have been arrived at after speaking to serving and retired top
officers who had helped set up some of these facilities. Those who have spent
time in these places had no idea where they are. They were taken blindfolded
and were allowed no visitors. The only faces they got to see were those of the
interrogators, day in and day out.
The biggest of the three detention
centres in Mumbai, the Aarey Colony facility in Goregaon, has four rooms. The
Anti-Terrorism Squad questioned Saeed Khan (name changed), one of the accused
in the Malegaon blasts of September 2006, here. He was served food at irregular
intervals (led to temporary disorientation) and was denied sleep. Another
secret detention centre maintained in the city by the ATS at Kalachowky has a
sound-proof room. Sohail Shaikh, accused in the July 2006 train bombings, was
held here for close to two months. “He was kept in isolation for days
together,” said an officer. “He crumbled after being subjected to hostile sessions.
Intentional infliction of suffering does not always yield immediate results.
Sometimes you have to wait for many days for the detainee to break. It is a
tedious process.” The smallest of the three facilities at Chembur has just two
rooms.
Parvez Ahmed Radoo, 30, of Baramula
district in Kashmir, was illegally detained in Delhi for over a month for
allegedly trying to plot mass murder in the national capital on behalf of the
Jaish-e-Mohammed. The Delhi Police’s chargesheet says he was arrested from the
Azadpur fruit market in Delhi on October 14, 2006. But according to Parvez’s
flight itinerary, he travelled from Srinagar to Delhi on September 12 on Spice
Jet flight 850. The flight landed at Delhi airport at 12.10 p.m. He had to
catch another flight at 1.30 p.m. (Spice Jet flight 217) to Pune, where,
according to his parents, he was going to pursue his Ph.D. But he never boarded
the Pune flight as he disappeared from the Delhi airport.
Parvez wrote an open letter from the
Tihar jail, where he is currently held, in which he said he was arrested from
the airport on September 12 and kept in custody for a month. Apparently, he was
first taken to the Lodhi Colony police station and then to an apartment in
Dwarka, where electrodes were attached to his genitals and power was switched
on. (Delhi’s secret detention centres are located at Dwarka in south-west
Delhi, the Interstate Cell of the Crime Branch in Chanakyapuri in central
Delhi, and the Lodhi Colony police station in south Delhi.)
“After my arrest on September 12, I
was taken to Pune, where I was shown pictures of many Kashmiri boys,” Parvez
said in the letter, which is in the possession of THE WEEK. “They wanted me to
identify them. As I didn’t know any one of them, they brought me to Delhi again
and threw me into the torture chamber of Lodhi Road [sic] police station. They
took off my clothes and started beating me like an animal, so ruthlessly that
my feet and fingers started bleeding. I was later forced to clean the
blood-stained floor with my underwear. They gave me electric shocks and
stretched my legs to extreme limits, resulting in internal haemorrhage. I
started passing blood with my urine and stool. Later I was shifted to one flat
in Dwarka. From the adjacent flats, voices of crying and screaming had been
coming, indicating presence of other persons being tortured.”
Throughout his detention, wrote
Parvez, he was asked to lie to his parents that everything was fine. In the
letter he also gave the mobile number from which the calls were
made—9960565152. His family is trying to collect the call site details of the
number to prove his illegal detention.
Delhi-based journalist Iftikhar
Geelani, who spent nine days in the Lodhi Colony police station after his
arrest in 2002 on spying charges, is yet to get over the traumatic experience.
“There are lock-ups with such low ceilings that a person will not be able to
stand,” he said. “There is an interrogation centre within the police station
where people are brutally tortured with cables, and some are completely
undressed and abused. They also have a facility to raise the temperature of the
cell to a point where it is unbearable and then suddenly bring it down to
freezing cold.”
Assistant Commissioner Rajan Bhagat,
spokesman for the Delhi Police, denied the existence of such facilities.
“Nobody ever asked me the question [about secret detention centres],” he said.
“We don’t operate any such facility in our police stations.”
But Maloy Krishna Dhar, former joint
director of the IB, confirmed the existence of secret detention centres in
Delhi and other parts of the country. He was convinced that detention outside
the police station and torture are an inevitable part of the war on terrorism.
“Now I would never dream of doing the things I did when I was in charge,” said
Dhar. “But security agencies need such facilities.” Interrogating suspected
terrorists at secret detention centres, he said, is the most effective way to
gather intelligence. “If you produce a suspect before court, he will never give
you anything after that,” he said. In other words, once you record the arrest
you are within the realm of the law and you have to acknowledge the rights of
the accused-arrested and contend with his lawyer.
An officer who worked in one of the
detention centres admitted that extreme physical and psychological torture,
based loosely on the regime in Guantanamo Bay, is used to extract information
from the detainees. It includes assault on the senses (pounding the ear with
loud and disturbing music) and sleep deprivation, keeping prisoners naked to
degrade and humiliate them, and forcibly administering drugs through the rectum
to further break down their dignity. “The interrogators isolate key operatives
so that the interrogator is the only person they see each day,” he said. “In
extreme cases we use pethidine injections. It will make a person crazy.”
Molvi Iqbal from Uttar Pradesh, a
suspected member of the Harkat-ul-Jihadi-Islami who is currently lodged in
Tihar, was held at a secret detention centre for two months according to his
relatives. They alleged that during interrogation a chip was implanted under
his skin so that his movements could be tracked if he tried to escape. “He
fears that the chip is still inside his skin,” said one of his relatives. “That
has shattered him.”
Kolkata has its own Gitmos in
Bhabani Bhawan, the headquarters of the Criminal Investigation Department, and
the Alipore Retreat in Tollygunj, a large bungalow that is said to have 20
rooms. They were bursting at the seams at the height of the Naxalite movement,
but are more or less quiet now. “A large number of innocent people, as well as
suspected terrorists, have disappeared after being taken to such secret
detention centres,” said Kirity Roy, a Kolkata-based human rights lawyer.
“Their bodies would later be found, if at all, in the fields.”
That was how militancy was tackled,
first in Punjab and then in Kashmir. Today no secret prison exists in Kashmir
officially after the notorious Papa-2 interrogation centre was closed down. But
secret torture cells thrive across the state. The most notorious ones are the
Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagar and
Humhama in Budgam district. Then there are the joint interrogation centres in
Khanabal area of Anantnag district and Talab Tillo and Poonch areas in Jammu
region. Detentions at JICs could last months. Lawyers in Kashmir have filed
15,000 petitions since 1990 seeking the whereabouts of the detainees and the
charges against them without avail.
The most recent victim of the
torture regime was Manzoor Ahmed Beigh, 40, who was picked by the SOG from
Alucha Bagh area in Srinagar on May 18. His family alleged that he was chained
up, hung upside down from the ceiling and ruthlessly beaten up. He died the
same night. Following public outrage, the officer in charge of the camp was
dismissed from the service in June.
Maqbool Sahil, a Srinagar-based
photojournalist who was held at Hariniwas interrogation centre for 15 days,
says it is a miracle that he is alive today. “If you tell them [interrogators]
you are innocent, they will torture you so ruthlessly that you will break down
and confess to anything,” he says.
Human rights organisations are
understandably concerned. Navaz Kotwal, coordinator of the Commonwealth Human
Rights Initiative, said that there should be an open debate on the illegal
detention centres. “The US had a debate on the Gitmos. Our government should
come forward and respond to these allegations,” he said.
No one wants to compromise the
nation’s safety, but the torture becomes unbearable, and questionable, when
innocent people like the 14-year-old boy Irfan suffer (see box on page ). The
security of the country and its people is important and terrorism should be crushed
at all cost. But the largest democracy in the world should also ensure that
human rights are not violated.
Dhar defended the secret prison
system, arguing that the successful defence of the country required that the
security establishment be empowered to hold and interrogate suspected
terrorists for as long as necessary and without restrictions imposed by the
legal system. “The primary mission of the agencies is to save the nation both
by overt and covert means from any terrorist threat,” he said. “But to keep the
programme secret is a horrible burden.”
with
Anupam Dasgupta
(The
Week, July 12, 2009)
INTERVIEW//K.S.
Subramanian, former director general of police, Tripura
“It
is a murky business”
By
Syed Nazakat
Former director general of police,
Tripura, Dr K.S. Subramanian, can be called an insider. He has served in the
Intelligence Bureau, worked as director in the research and policy division of
the home ministry and has been chief of intelligence in the troubled northeast.
In an interview with THE WEEK, he shares his knowledge about the illegal
detention centres in India. He is frustrated over the shadowy work of some
police officers and over incidents like the killing of 59 innocent people,
which the police called a naxal encounter. He recalls how a senior IPS officer
shouted at ‘naxalites’ in a conference and said, “When I hear you people talk,
I wish I had brought my revolver!” Excerpts.
There are allegations that suspected
terrorists are being detained illegally in and out of police stations and
tortured.
Unfortunately, priority is given to
peace and order at the cost of law and justice, which might have led to the
emergence of such facilities.
Have you come across such facilities
during your service?
It is likely that such sites do
exist and are used to detain and interrogate suspected terrorists. Perhaps they
have existed for long. However, the Union home ministry is handicapped with
regard to the information it receives on many issues of internal security. The
IB, manned entirely by the IPS at the top, and the state police agencies are
its main source of information. Often, their reports are biased and inadequate
for policy formulation. I can cite many instances. In terrorist-related cases,
the police may feel an incentive to describe people as terrorists and kill them
for professional reasons and career advancement.
Who controls these illegal detention
centres? What was your experience in the home ministry?
It is a murky business. Senior
police officers would be hesitant to talk about the system in operation. The
ministry of home affairs does not directly handle such operations; they are the
task of agencies like the RAW and the IB. Public awareness about such
activities can help check such illegalities, but you know that recently even
agencies of advanced democracies such as the US have come to adverse notice for
running such centres. President Obama has been courageous about admitting the
unethical nature of such facilities in the US and trying to close them down.
There is scope for a healthy debate on such issues in a vibrant democracy such
as ours.
Many die inside these torture
chambers.
Last year, the NGO People’s Watch
brought out a disturbing report on police torture, which showed, after an
extensive study in several states, that about 1.8 million people, most of them
belonging to SC/ST communities, minorities and women, are victim to police
torture every year in India. Shockingly, there has been no official refutation
of this important report so far. I remember when I was director in the Union
ministry of home affairs [between 1980 and 1985], there was a series of
incidents in a north Indian state in which, according to the press, a large
number of so called naxalites were killed in police action. There was uproar in
Parliament. The state police and the central IB maintained that only 12 people
were killed, and that all of them were naxalites.
However, when the state chief
secretary was asked to come to the Union home ministry for a discussion, he
frankly admitted that no less than 59 people were killed in these incidents and
that none of them was a naxalite! Most of those killed were members of a local
peasant organisation fighting for social justice under the Constitution and
other laws of the land.
Many argue that to ensure peace, the
country requires that the security establishment be empowered to hold and
interrogate suspected terrorists for as long as necessary and without
restrictions imposed by the legal system. Do you agree?
I know there is the fear of
terrorism, and it’s a different world. But maintaining our moral compass during
these difficult times, and the integrity of who we are as people, is enormously
critical. So to me, this isn’t just about illegal detention. It’s about
the policies still in place that can contribute to establishment of our Gitmos.
How can the police deal with
terrorism and at the same time uphold rule of law and human rights?
There are set rules for the police
to follow. But the problem is that there is a tendency among some officers to
believe that while dealing with suspected terrorists, they are not obliged to
follow constitutional methods. Our leaders may say we don’t believe in torture,
but many in our intelligence and police agencies think there is a place for
torture in the investigation of cases, especially terrorist related. There is a
need for attitudinal change in many police officers.
(The
Week, July 12, 2009)
Little
Terrorist
By
Syed Nazakat in Delhi
The playful spark of a 14-year-old
is missing in Irfan’s eyes. Instead there is helplessness, pain, horror and a
lurking fear. The dark shades could make him anything—a crusader, a criminal or
plain timid. The training ground was a forlorn torture chamber somewhere in
Gujarat.
The boy was picked up on May 25 last year allegedly by the Gujarat Police, who were in fact looking for his father, Mohammed Azhar. Irfan still remembers the white Tavera (GCIG-4522) that screeched to a halt in front of him as he was trying to cross the road outside his shop in Seelampur. Two men got out, held a pistol to his head and pushed him into the car. Later, they pinned him down with their feet, kicked him in the torso and slapped him several times. And when he tried to speak, he got a sharp jab in the ribs.
Lying on the floor of the car, the boy had no idea where he was being taken. His captors drove whole day and night and finally he was pulled out from the car into a detention centre, which had two black cells. He was dumped into one of them. There were no windows in the cell, yet from the honking of the vehicles and the occasional noise of a crowd, he guessed the place to be not far from the city.
The detention was almost a Guantanamo or an Abu Ghraib from his narration. His interrogators wore civilian dress, but were near cannibals in attitude. Irfan was interrogated by a tall person, whose name he doesn’t remember. “The man would brutally beat me up and tell me, ‘As long as your father does not surrender, we will not let you go’.”
The boy was picked up on May 25 last year allegedly by the Gujarat Police, who were in fact looking for his father, Mohammed Azhar. Irfan still remembers the white Tavera (GCIG-4522) that screeched to a halt in front of him as he was trying to cross the road outside his shop in Seelampur. Two men got out, held a pistol to his head and pushed him into the car. Later, they pinned him down with their feet, kicked him in the torso and slapped him several times. And when he tried to speak, he got a sharp jab in the ribs.
Lying on the floor of the car, the boy had no idea where he was being taken. His captors drove whole day and night and finally he was pulled out from the car into a detention centre, which had two black cells. He was dumped into one of them. There were no windows in the cell, yet from the honking of the vehicles and the occasional noise of a crowd, he guessed the place to be not far from the city.
The detention was almost a Guantanamo or an Abu Ghraib from his narration. His interrogators wore civilian dress, but were near cannibals in attitude. Irfan was interrogated by a tall person, whose name he doesn’t remember. “The man would brutally beat me up and tell me, ‘As long as your father does not surrender, we will not let you go’.”
Back home, Irfan’s mother, Tasleema,
was frantically searching for him. Fortunately, his friends had seen the number
plate of the Tavera. The family complained to the Seelampur police station, and
three days later, Tasleema was told that her son was in the custody of Gujarat
Police in Ahmedabad.She then filed a habeas corpus petition before the Delhi
High Court, which directed the police to release the boy. Thus, after 10 days
of detention, Irfan was brought back and released. On the court’s direction,
the Seelampur police have lodged an FIR against the Gujarat Police.
Irfan’s tiny body is now a shambles.
His mother says she was shattered when she heard about the torture her son had
to bear. “Since his release, he is being treated for abdominal pain and
discomfort,” she says. The boy’s ordeal has not ended yet. His family gets
threat calls from the Gujarat Police, warning them not to appear before the
court. Irfan’s father hasn’t yet returned home, making his family prone to more
police harassment.
A day before the last hearing in the case, the police raided his home at 3 a.m. “We have lodged a report against the Gujarat Police,” Tasleema says. The Seelampur police station refused to comment on the case, but confirmed that an FIR has been filed against the Gujarat Police.
We got to know of the depth of Irfan’s fear only when we got up to leave. With tears in his eyes, he pleaded for our help. “Please save me from the police,” he says. He fears they might any day return for him.
(Name of the boy has been changed to protect identity)
A day before the last hearing in the case, the police raided his home at 3 a.m. “We have lodged a report against the Gujarat Police,” Tasleema says. The Seelampur police station refused to comment on the case, but confirmed that an FIR has been filed against the Gujarat Police.
We got to know of the depth of Irfan’s fear only when we got up to leave. With tears in his eyes, he pleaded for our help. “Please save me from the police,” he says. He fears they might any day return for him.
(Name of the boy has been changed to protect identity)
(THE
WEEK, July12, 2009)
Fifteen
days of horror
By
Maqbool Sahil
Once I was inside my cell, I wondered aloud: Where am I? A voice filtering through the slit in the steel door told me that I was in the Hariniwas interrogation chamber in Kashmir. I was picked up on September 16, 2006, by the Counter Insurgency Kashmir [a special wing of J&K Police that deals with terrorism-related cases] which accused me of spying for Pakistan. My family was not informed about my arrest.
When the interrogation started, I was least prepared for the ordeal. They bombarded me with questions: Who else is working with you for Pakistan? To whom are you sending pictures from Kashmir [he is a photo-journalist]? When they did not get the answers they wanted, the torture intensified. I was subjected to sleep deprivation and was denied food for the first three days. I was kicked and beaten with a rubber baton. They then chained my hands and left me hanging from the top of a door. They told me in no uncertain terms that unless I confessed that I was spying for Pakistan, I would not see my family again. I cried often. Sometimes I thought I would die in that dark torture cell and no one would ever know about it.
On the fifth day, my feet were manacled and I was ruthlessly beaten up. I then heard somebody outside say, “Don’t worry, I will make him speak.” I peered through the slit in the door and found that it was Senior Superintendent of Police Ashkhoor Wani, who headed the CIK. As a journalist I knew him for years. He was notorious but I had never imagined that one day I would become his prey.
The torture started afresh. My hands were tied behind with a rope, one end of which was rolled over a metal pipe fixed to the ceiling. They pulled the rope and I was hanging in mid-air. It was very painful. I felt as if my brain was going to burst. Every time I was subjected to this torture, I collapsed and lost consciousness. The torture would then stop, only to restart when I regained consciousness. When they tired of it, they stretched my legs wide and the balls of the joints were displaced. I could not walk properly for six months after that.
There were over 30 people detained there. I didn’t know where they were from. But they all were terrified and silent. After 15 days, the CIK prepared a dossier on me and I was detained under the Public Safety Act for over three years. I was released in January after the police failed to press charges against me in court.
The detention facility has since
been shifted to Humhama area in Budgam district.
As told to Syed Nazakat
As told to Syed Nazakat
What
Kind Of System Needs To Torture Prisoners?
By
Li Onesto
01
August, 2011
Revcom.us
Revcom.us
The courageous struggle of the
prisoners at Pelican Bay should make many more people sit up and take notice
and ask—and find the answers to—some important questions about the U.S. prison
system.
Why does the U.S. , which has 5% of
the world’s population, have 25% of its prisoners?
Why has the number of prisoners in
the U.S. gone from half a million in 1980 to over 2.3 million in the last three
decades?
Why are so many of those
incarcerated in the U.S. people of color?
And why does the U.S. routinely
carry out torture in its prisons?
The truth of the matter—and the
bigger context for the inhumane conditions in maximum security units like the
Pelican Bay Prison SHU—is that this system, with its police, laws, courts, and
prisons is using mass incarceration to enforce oppressive
economic and social relations, especially in terms of the systematic
subjugation of Black people as a people. And I really encourage people to read
the special Revolution issue on prisons, “From the Hellholes
of Incarceration to a Future of Emancipation,” which provides a deep analysis
of mass incarceration in the United States.
This system of U.S. capitalism, from
its very inception , has, in large part, been built on and
developed by carrying out the most brutal oppression of Native Americans, Black
people and other people of color.
This oppression has been woven into
the whole fabric of U.S. society, from the days of slavery
until today. It has been and is an integral part of the economic and social
structure in this country. White supremacy has and continues to maintain Black
people in a subjugated position in every aspect of society. And all this has
created, and today still maintains a “master class” of white people and a
“pariah class” of Black people.
In this way, the systematic
oppression of Black and other people of color has been, and continues to be,
part of the very glue that holds U.S. society together—even as it has gone through
different changes and been enforced in different ways. The outright ownership
of Black people under slavery gave way to Jim Crow segregation and Ku Klux Klan
terror. And now we have what has been called “the new Jim Crow” of police
brutality and murder and the mass incarceration of hundreds of thousands of
Black people.
The subjugation of Black people is a
pillar of this system—a part of the economic and social relations in society,
and white supremacy is a key element in the dominant ideology. And this is why
this system cannot get rid of the oppression of Black people—because to do so
would mean tearing up and undermining the whole economic, social and
ideological/culture basis of U.S. society.
Why has there been such a drastic
increase in the U.S. prison population? This
has never been in response to crime—crime rates have actually gone down over
the last three decades. This has been about control and suppression. It started
in response to the mass upsurges among Black people in the ’60s—which shook the
system and had a huge impact throughout society. At the same time,
globalization and de-industrialization had devastated the inner cities and
millions of Black people, especially the youth, who could no longer be
profitably employed, were seen by this system as an unwanted, volatile
“surplus” that had to be controlled. Concessions from the system, like programs
that were supposed to address poverty and inequality, were being snatched back,
leading to further impoverishment.
As the special Revolution issue
on the oppression of Black people said, “Two things were at work: the needs of
capital, which continued to gain advantage from racist discrimination and
ghetto-ization of millions of African-Americans; and the necessity of the
capitalists to not disrupt—and in fact to reassert and reinforce with a
vengeance — the social glue of white supremacy—the ways in which the lie of the
‘master class’ were so integral to so many people’s understanding of ‘being
American.’” (“The Oppression of Black People, The Crimes of This System and the
Revolution We Need.”)
U.S. imperialism needed the
subjugation of Black people more than ever, but could no longer do this in the
naked, openly racist forms it had in the old Jim Crow. It is in this context
that in 1969, H.R. Haldeman, President Nixon’s top assistant, wrote in his
diary that “[Nixon] emphasized that you have to face the fact that the whole
problem is really the blacks. The key is to devise a system that recognizes
this while not appearing to.” It is in this context that the “war on drugs” was
launched—which has been the biggest factor behind the exponential rise in mass
incarceration.
Why are prisoners routinely tortured
in U.S. prisons? The kind of
extreme torture being carried out in places like the Pelican Bay SHU is a
function of the whole way this system has criminalized, demonized and
dehumanized a whole section of society. It has to do with repressing those who
this system fears; those this system sees have the potential to
rise up against their conditions of oppression in a way that would really
challenge their rule. The kind of torture being carried out in the Pelican Bay
SHU serves as a brutal way to control those in prison. And it has a broader
effect of mass terror against Black people throughout society.
The terror carried out by KKK lynch
mobs in the South meant that any Black person had to walk in
fear. Today, police brutality and murder, the practice of racial profiling and
random “stop and frisk”; and mass incarceration targeting Black people and all
the terror that entails—means that today any Black person has
to walk in fear.
Today, mass incarceration is the
leading edge of the oppression of Black people. This continues to have a
devastating impact on those who are imprisoned: Many lives are ruined; many
youth are literally thrown away, their potential wasted. It is almost
impossible for those this system has branded a “felon” to make any kind of life
for themselves if they ever get out of prison. Having a criminal record means
you will face legal discrimination in things like employment and housing for
the rest of your life. All this is not only horrible for the
individuals involved—it is a terrible thing for society. And all this has a
broader devastating effect on mothers, fathers, spouses, children, and other
loved ones; on the Black community as a whole. The “war on drugs”—and all it
means in terms of taking away the rights and ability of Black people to get
jobs, decent housing, etc.—is a way to continue the oppression of Black people,
but with the veneer and appearance of equality.
The United States goes around
claiming it is the “leader of the free world” and protector of democracy and
human rights. But the prisoners’ hunger strike has objectively exposed the
complete illegitimacy and hypocrisy of this system. This system is
responsible for the torture of prisoners. The very needs and workings of this
system have led to the mass incarceration of so many Black and Latino people.
And getting rid of this system is the only way we can get to a whole different
kind of society where there will no longer be the living hell of mass
incarceration and the people as a whole can be truly liberated.
Revolution #241, July 31, 2011
( revcom.us )
Li Onesto is the author of Dispatches
from the People’s War in Nepal and a writer for Revolution newspaper
( www.revcom.us ).
She can be contacted at: lionesto@gmail.com
Police
reform and guide lines of National Human Right Commission
The police does not have right to
take the life of any person. If by his act, the policeman kills a person, he
commits an offence of culpable homicide or culpable homicide amounting to
murder unless such killing is not an offence under the law. Under the criminal
law prevailing in India, nothing is an offence which is done in exercise of
right of private defence (section 96-106 of Indian Penal Code). But the right
given under these sections of Indian Penal Code is not absolute right and they
can be exercised under the restriction given in section 99 and 104 of same Act.
Section 46 of criminal procedure
code empowers the police officer to use reasonable force, even extending up to
causing death, if found necessary to arrest the person accused of an offence
punishable with death or imprisonment of life. Thus, it is evident that death
caused in an encounter, if not justify, would amount to an offence of culpable
homicide.
So causing death of any person
without reasons can not be justified. India is a welfare state and our
constitution provides right to life and personal liberty. It includes living
with human dignity. It is the duty of state to ensure the fundamental rights
for every person.
However the torture of police has
been increasing very rapidly from the last decade. The police encounter,
custodial death, custodial rape, and the atrocities of police are day to day
news. To reduce these events the Janta Party Govenmenat set up Soli Sorabji
Panel, but before submission of the report the government fell down and the
report had not been enforced and the arbitrariness of police had been promoted
in every state. Recently Times of India news paper published that largest
number of custodial death was registered in UP.
On 22nd September, 2006 the
Supreme Court of India in case of Prakash Singh vs
Union of India in its historical
decision ordered wide reformation in police organization.
Due to its impact the police
organization would be able to work without political influential and adequate
reformation can be made in law and order. It would help in reducing atrocities.
Faced with Supreme Court directives to implement the much delayed
police reforms, union government has set in motion the process to
bring a new police act, incorporating the suggestion of the Soli Sorabji Panel.
The report has called for drastic changes in the 145 year old police act to
introduce fixed two year tenure for police officers down the line from DGP to
SHO, as well as separation of maintenance of law and order from crime
investigation, duties.
Police law is continuing from the
period of British which is based on police regulation Act, 1861. The object of
police administration was to quash the Indian before independence and to
maintain the English rule, but today the police administration is the part of
India as a welfare state. So there is need to do basic change in Indian police
system. The ‘police’ are the subject comes under state list of seventh
schedule. Its provision is given in art. 245. So it is the subject of state and
it is the responsibility of state to reform the police system. Following are
the main points under police reformation:
•
The main objects of these
reformations are to establish the accountability and sensitivity of police
towards people which should be conducted through rule of law.
•
The second object of these
reformations is to fix the tenure of police
officers. Their tenure is fixed for
two year.
•
The selection procedure of DGP
should be transparent and recommendation of their promotion should be made by
Board of Public Services Commission (BPSC).
•
The State Government has been
ordered to establish a state security commission, so that the State Government
may not pressurize the police. This commission will ensure that the police will
work according to constitution and law of country.
•
There shall be a Police
Establishment Board in each state which shall decide all transfers, postions,
promotions and other services related matters of officers of and below the rank
of Dy.S.P. The State Government may interfere with the decision of the Board in
exceptional cases, only after recording its reasons for doing so.
•
There shall be Police Complaint
Authority at district level to look into the
complaints against police officer of
and up to the rank of Dy.S.P. Similarly there should be another Police
Complaints Authority at the state level to look into complaints against
officers of the rank of S.P. and above. The district level authority may be
headed by retired district judge and the state level authority is headed by
retired judge of High Court.
•
The National Government shall also
set up a national level commission at the union level to prepare a panel for
being placed before the appropriate appointing authority for selection and
placement of chief of central police organization, who should be given a
minimum tenure of two years.
As per the amendment made in
criminal procedure code, section 176 makes the provision that if any dies or
disappear or rape is alleged to have been committed on any women, when such
person or women is in the custody of police or in any other custody authorized
by magistrate or court under this code in addition to the inquiry or
investigation held by police , any inquiry shall be held by Judicial Magistrate
or Metropolitan Magistrate as the case may be within whose jurisdiction the
offence has been committed. The Judicial Magistrate or Metropolitan Magistrate
or Executive Magistrate or police officer holding an inquiry or investigation
shall within 24 hours of death of such person, forward the body of deceased
with a view to its being examined to the nearest civil surgeon or other
qualified medical person appointed in this behalf by the state government
unless it is not possible to so for reasons to be recorded in writing.
Apart from this, National Human
Right Commission issued guide lines to all chief secretaries of state and
administration of union territories in dealing with death occurring in
encounters with police on 29/03/1997 and on 2/12/2003 a revised guidelines have
been issued and it was emphasized that state must send information to the
commission of all cases of death arising out of police encounters. Following
are the revised guidelines:
•
When the police officer in charge o
f a police station receives information about the death in an encounter between
the police party and others, he shall enter that information in the appropriate
register.
•
Where the police officer belonging
to the same police station are members of the encounter party, whose action
resulted in death, it is desirable that such cases are made over for
investigation to some other independent investigating agency, such as State
CBCID. •
Whenever a specific complaint is
made against the police alleging commission of a criminal act on their part,
which makes out a cognizable case of culpable homicide, am FIR to this effect
must be registered under appropriate sections of the IPC. Such case shall
invariably be investigated by State CBCID.
•
A magisterial inquiry must
invariably be held in all cases of death which occur in the course of police
action. The next of kin of the deceased must invariably be associated in such
inquiry.
•
Prompt prosecution and disciplinary
action must be initiated against all delinquent officers found guilty in the
magisterial enquiry/ police investigation.
•
Question of granting compensation to
the dependents of the deceased
would depend upon the facts and
circumstances of each case.
•
No out of turn promotion or instant
gallantry rewards shall be bestowed on the concerned officers soon after the
occurrence. It must be ensured at all costs that such reward are given /
recommended only when the gallantry of the concerned officers is established
beyond doubt.
•
A six monthly statement of all case
of death in police action in the State shall be sent by the Director General of
Police to the Commission so as to reach its office by the 15th of January and
July respectively. The statement may be sent in the following format along with
the postmortem reports and inquest reports wherever available and also the
inquiry reports:
1. Date and place of occurrence
2. Police station and district
3. Circumstances leading to deaths
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii.In the course of effecting arrest.
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii.In the course of effecting arrest.
4. Brief facts of the incident
5. Criminal case no.
6. Finding of the magisterial inquiry by senior officers
5. Criminal case no.
6. Finding of the magisterial inquiry by senior officers
a. disclosing in particular names
and designation of police
officials, if found responsible for
the death; and
b. whether use of force was
justified and action taken was
lawful.
Along with above guidelines the then
CJI send their request to all the state and territories
to adhere these guidelines in letter
and spirit both.
National projects on torture in
India: demands that
•
Ratified the un convention against
torture and its optional protocol
•
Enact legislation to prevent
corporal punishment in schools.
•
Enact a domestic legislation that
makes torture a punishable offence and provides
for the protection and care of
victims and witnesses.
•
Enforce strict implementation of the
Preventation Of Atrocities Act,1989
•
Establish District Human Right Courts
under the protection of Human Right Act,
1993
Now the time has come to reform the
entire police system to prevent the police torture of innocent people. The
constitution of India establishes the India as a welfare state, which can be
achieved only after following the police reformation and implement the ruling
of the apex court. The police should be people friendly. The efforts should be
made at every level and the parliament should pass the law and new Police Act
should be made by parliamentarians. This will be helpful in reducing the police
torture and it will fulfill the real sense of policing.
Veerappan’s
wife seeks CBI probe into STF atrocities
The wife of slain forest brigand
Veerappan, V Muthulakshmi, has sought a detailed CBI probe into alleged
atrocities committed on tribals and villagers in MM Hills by personnel of the
Special Task Force constituted to nab her husband in the 1990s.
Muthulakshmi welcomed the recent
Karnataka high court order striking down Shankar M Bidari’s appointment as
DG&IG. “But there is still need for a CBI probe into STF atrocities; he was
a commandant of that force,” she said on Friday.
She alleged Bidari and his team had
tortured women, who had no connection with Veerappan, including her. “He
administered electric shocks to parts of my body which I cannot even explain.
Many women took their lives, orphaning their
children,” she said.
Muthulakshmi alleged that the film
being made on her husband’s life – ‘Attahasa’ (in Kannada) and ‘Vamayudham’
(Tamil version) – by filmmaker MR Ramesh, is full of lies. She has approached
Madras high court seeking a stay on its making. “The film infringes on my right
to privacy,” she added.
‘He was a good man’
“Avar Nallavar (He was a nice man),”
Muthulakshmi said about her husband, brigand Veerappan, eight years after he
was killed in police action.
“It is politicians and police who
spoiled him. I know those netas but do not want to take their names,” she told
TOI. “I am not saying he was faultless. He had shot a few elephants for ivory
and axed some sandalwood trees. But he also planted sandalwood saplings, saying
the forest shouldn’t be emptied,” she said.
Shankar
Bidari worse than Saddam Hussain, Gaddafi: HC
In a scathing verdict, Karnataka
High Court today struck down appointment of Shankar Bidari as state DGP and IG,
describing him as “worse than Saddam Hussain or Muammar Gaddafi” for alleged
atrocities committed by the STF led by him during the hunt to nab forest
brigand Veerappan.
Dismissing as “without merit and
substance”, petitions by the government and Bidari, challenging the CAT order,
the division bench headed by Justice N Kumar held his empanelment by UPSC and
consequent appointment as “void and illegal.”
Upholding the verdict of Central
Administrative Tribunal the court said “in the facts of the case, we cannot
find any infirmity in the said decision. It is just”.
It struck down Bidari’s contentions
“absolving himself of the responsibility” of atrocities by stating he was only
Deputy Commander of the Joint Task Force of Karnataka and Tamil Nadu to nab
Veerappan and not “omnipresent and omnipotent like Saddam Hussain or Muammar
Gaddafi.”
“Though he was not one of them, if
what the two women (tribals) have said in their affidavit is true, he is worse
than them” (Saddam Hussain and Muamar Gadaffi),the court said in its acerbic
observations.
The court directed the government
should relieve Bidari forthwith and appoint A R Infant in his place. “Otherwise
they are answerable to the public of the state”.
The court dismissed the memo filed
by the government seeking a one week stay of the order. It observed “if the
state government has any respect for the rule of law, womanhood, human rights,
concern for the downtrodden, tribals, and socially backward communities of the
state, they should relieve the third respondent (Bidari) forthwith and appoint
the applicant (A R Infant) in that place.”
On March 16, CAT had set aside
Bidari’s appointment as DGP and IG and ruled that Infant should be appointed ad
hoc police chief till the government decides on the new appointment.
CAT said government should prepare a
fresh list of senior IPS officers and send it to UPSC, which would suggest
three names for the top post.
On the court verdict, Infant told
PTI “I am lucky that my case was tried by judges with great conviction, both at
CAT and High Court. I admire their courage of conviction”.
Observing that Chief Minister should
have used his discretion while exercising his absolute power in selecting
Bidari for the post, the court stated “……but such discretionary power must be
exercised with great caution…..the Chief Minister before exercising his power
did not see the police records”.
Quoting extracts from the National
Human Rights Commission report, which was not placed before the Union Public
Service Commission before empanelment as it was not considered “relevant”, the
court stated that NHRC concluded that one woman was a victim of rape and
repeated torture, three women were subjected electric currents through
different parts of their body, seven subjected to illegal detention and
assault, three suffered permanent disability, 11 stripped naked and given
electric shocks, 12 unlawfully detained, one was taken into custody but never
returned and 60 were killed in encounters out of 36 were killed in “false
encounters”.
Referring to the affidavits filed by
tribal women Erammal and Nagi before an NGO which was produced before the court
and indicted Bidari, the court stated “Erammal was taken to Dimbam police camp,
beaten with a lathi as a result of which she lost sight in her right eye, She
was then taken Mahadeshwara camp where she was stripped naked, beaten and given
electric shocks in different parts of her body in front of Bidari”.
The court then cited the instance of
Nagi who taken to the M M Hills camp, was blindfolded and interrogated by
Bidari who passed currents through different parts of her body and then she was
gang raped.
The court observed that though the
then governments accepted the recommendations of the NHRC accorded compensation
to the victims and then DG and IG (Achutha Rao) promised to initiate action
against the perpetrators, no action was initiated. Probably they (the then CMs)
lacked the “political will and courage” to direct action against these acts.
Taking a swipe at the present day
politics, the court observed “people who are in opposition party preach values,
criticise the acts of the ruling party. Gullible public believe them and they
are voted to power, but when they come to power they realise it is very
difficult to practice what they preach and when they are seated in super power
(ruling party) all these values evaporate. They succumb to corruption. Power
corrupts, absolute power corrupts absolutely”.
Therefore it is immaterial, the
court observed which party comes to power, what ideology they believe in, what
principles they preach. Once they come to power, they become the ruling party.
This is the democracy which is in practice.
It appears that the present day
state government and Bidari after occupying the present position seems to have
forgotten was was said 15 years back, the court observed. “By characterising
this report as “one without jurisdiction, giving the impression that it was not
a document of any importance…..government of the day and Bidari are afraid of
truth….we are convinced that the report of the Sadashiv Panel, NHRC was
deliberately kept back”, the court obseved.
There is no disputing the fact, the
court stated, that the record of Bidari during his tenure in STF of Karnataka
and his bio-data which was prepared by himself wherein he stated the exemplary
service that he rendered that won him the gallantry award and a cash prize of
Rs 1.68 crore, was placed before the UPSC. “This is the positive side of the
story that was placed before the UPSC”.
What is clear from the report, the
court observed is there were allegations against STF personnel of Karnataka
that they committed atrocities on innocent villagers of 48 villages, committed
murder, false encounters, rape and torture and 20 written complaints were filed
before the NHRC.
On Bidari’s contention that he was
not personally indicted by NHRC, the court observed that the NHRC has categorically
stated that it has not indicted any one as it has been unable to identify the
perpetrators of the acts. “This only shows the fairness and application of
judicial mind”.
The court observed “from the report,
it is clear that atrocities were committed by police on the instructions of R3
and while the state and the police assured of action against the culprits, no
action has been till date.
What is to be considered, the court
observed is whether such a person who has “no concern for women, her rights,
her safety and that of the poor tribals, downtrodden and socially backward
classes. A person with such a bent of mind can head the state police force to
maintain law and order, whether their (public) interests are safe in such
hands.
These are the facts which UPSC and
the state Chief Minister should have considered while exercising the power
conferred on him and it is these factual findings of the Sadashiva panel and
the NHRC which the government should have placed before the UPSC. “In the
absence of such material, the assessment by the UPSC and state government is
vitiated”, the court said.
Reflecting on the mindset of Bidari,
who wants to absolve himself from the responsibility stating that he was only
acting under the supervision and control of Walter Davaram, the commander of
the STF, the court observed “even after 15 years, there is no remorse, he is
not prepared to accept the responsibility……..whatever may the provocation, we
cannot tolerate for a second rape…… as a means of investigation by the police”.
Finally, in an message to the Chief
Minister, the court stated “it is not a legal issue but a moral issue. As a
head of the state, what are the various concerns, what is the message he is
sending has to be kept in mind. Even now it is not too late to keep the
interests of the public in mind and assure that previous dispensation would not
be repeated and appropriate action taken”.
AMNESTY INTERNATIONAL
PUBLIC STATEMENT
AI Index: ASA 20/002/2008
(Public)
Date: 18 January 2008
(Public)
Date: 18 January 2008
India: Many adivasi victims of
Special Task Force (STF) operations yet
to get justice and compensation in Karnataka and Tamil Nadu
to get justice and compensation in Karnataka and Tamil Nadu
Amnesty International is concerned
that several adivasi (indigenous
and marginalized communities) victims of the decade-long Special Task
Force (STF) operations against Veerappan, who was killed by the STF
after being outlawed for sandalwood smuggling, are yet to receive
justice and compensation for the human rights violations perpetrated
against them. Human rights violations perpetrated in the course of
operations against Veerappan included unlawful killings; arbitrary
detention; and torture and other cruel, inhuman or degrading treatment
or punishment (ill-treatment), including sexual violence.
and marginalized communities) victims of the decade-long Special Task
Force (STF) operations against Veerappan, who was killed by the STF
after being outlawed for sandalwood smuggling, are yet to receive
justice and compensation for the human rights violations perpetrated
against them. Human rights violations perpetrated in the course of
operations against Veerappan included unlawful killings; arbitrary
detention; and torture and other cruel, inhuman or degrading treatment
or punishment (ill-treatment), including sexual violence.
Amnesty International has learnt
that, one year after an official
panel of inquiry led by Justice A. J. Sadashiva ordering the
Government of Karnataka to pay compensation to 51 victims, 13 of them
have yet to receive it. The Government of Tamil Nadu has paid
compensation amounts to 38 victims as directed in the order. In
January 2007, the National Human Rights Commission (NHRC) had directed
the two governments to pay compensation to 89 victims as per the
recommendations of the panel of inquiry.
panel of inquiry led by Justice A. J. Sadashiva ordering the
Government of Karnataka to pay compensation to 51 victims, 13 of them
have yet to receive it. The Government of Tamil Nadu has paid
compensation amounts to 38 victims as directed in the order. In
January 2007, the National Human Rights Commission (NHRC) had directed
the two governments to pay compensation to 89 victims as per the
recommendations of the panel of inquiry.
Notwithstanding the above order,
during the past year, human rights
organizations in the two states have been campaigning to ensure
justice for 104 other victims whose complaints of human rights
violations including arbitrary and indefinite detention, torture,
including to death, other ill-treatment and sexual assault were
reportedly ignored by the panel. The panel also failed to initiate
charges against any of the 39 STF officials named as perpetrators by
the victims during the proceedings, though it concluded that the STF
had perpetrated torture. However, Amnesty International has learnt
that a number of complaints against 39 STF officials have nevertheless
been filed by the victims in several police stations in Tamil Nadu and
Karnataka.
organizations in the two states have been campaigning to ensure
justice for 104 other victims whose complaints of human rights
violations including arbitrary and indefinite detention, torture,
including to death, other ill-treatment and sexual assault were
reportedly ignored by the panel. The panel also failed to initiate
charges against any of the 39 STF officials named as perpetrators by
the victims during the proceedings, though it concluded that the STF
had perpetrated torture. However, Amnesty International has learnt
that a number of complaints against 39 STF officials have nevertheless
been filed by the victims in several police stations in Tamil Nadu and
Karnataka.
In spite of the filed complaints, a
number of STF personnel named as
perpetrators in the victims’ complaints were given awards and
promotions; furthermore, some of the officials named by the victims
were reportedly present in an official function held to distribute
compensation amounts in Karnataka in March 2007, leading to protests
from the victims.
As a state party to the International Covenant on Civil and Political
Rights, India is obliged to “ensure that any person whose rights or
freedoms… are violated shall have an effective remedy”; to “ensure
that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of
judicial remedy”; and to “ensure that the competent authorities shall
enforce such remedies when granted.”
perpetrators in the victims’ complaints were given awards and
promotions; furthermore, some of the officials named by the victims
were reportedly present in an official function held to distribute
compensation amounts in Karnataka in March 2007, leading to protests
from the victims.
As a state party to the International Covenant on Civil and Political
Rights, India is obliged to “ensure that any person whose rights or
freedoms… are violated shall have an effective remedy”; to “ensure
that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the
legal system of the State, and to develop the possibilities of
judicial remedy”; and to “ensure that the competent authorities shall
enforce such remedies when granted.”
Amnesty International, therefore,
urges
• the Government of Karnataka to immediately distribute compensation
amounts to the 13 remaining victims as per the January 2007 order;
• the authorities of Karnataka and Tamil Nadu to thoroughly
investigate the pending human rights complaints against the 39 STF
officials and bring those suspected of perpetrating violations to
justice, in proceedings which meet international standards of fairness
and without the imposition of the death penalty;
• immediately suspend the officials named in the complaints from
active duty pending completion of investigations;
and
• the NHRC to participate in the above cases to help to ensure that
there is justice for the victims.
• the NHRC to re-examine victims’ complaints ignored by the official
panel.
• the Government of Karnataka to immediately distribute compensation
amounts to the 13 remaining victims as per the January 2007 order;
• the authorities of Karnataka and Tamil Nadu to thoroughly
investigate the pending human rights complaints against the 39 STF
officials and bring those suspected of perpetrating violations to
justice, in proceedings which meet international standards of fairness
and without the imposition of the death penalty;
• immediately suspend the officials named in the complaints from
active duty pending completion of investigations;
and
• the NHRC to participate in the above cases to help to ensure that
there is justice for the victims.
• the NHRC to re-examine victims’ complaints ignored by the official
panel.
Background
In 1993, the Governments of
Karnataka and Tamil Nadu had created the
STF to catch Veerappan and his associates who had remained outlawed
for more than seven years. On 21 October 2004, Veerappan and two of
his associates were killed during the STF operations. In all, 36
persons lost their lives during the STF operations.
STF to catch Veerappan and his associates who had remained outlawed
for more than seven years. On 21 October 2004, Veerappan and two of
his associates were killed during the STF operations. In all, 36
persons lost their lives during the STF operations.
In June 1999, the NHRC appointed the
official panel, consisting of
Justice Sadashiva and a former Director-General of India’s premier
investigating agency, the Central Bureau of Investigation (CBI). The
panel submitted its recommendations in December 2003.
Justice Sadashiva and a former Director-General of India’s premier
investigating agency, the Central Bureau of Investigation (CBI). The
panel submitted its recommendations in December 2003.
FAKE ENCOUNTERS , LOCK-UP
DEATHS & 3RD DEGREE TORTURE BY POLICE IN INDIA
Recently, it has been reported in
the media , how in gujarath state
high ranking police officials took SUPARI to murder & committed the
murders by giving it the name of encounter. Nowadays , it has become
common place that police take law into their own hands , settle
scores , conducts their own courts of justice like compromise
panchayaths at police stations. All these acts of police are illegal ,
the police must be first thought the lessons of law before enforcing
it. The murderers , criminals in police uniform must be punished at
the earliest.
high ranking police officials took SUPARI to murder & committed the
murders by giving it the name of encounter. Nowadays , it has become
common place that police take law into their own hands , settle
scores , conducts their own courts of justice like compromise
panchayaths at police stations. All these acts of police are illegal ,
the police must be first thought the lessons of law before enforcing
it. The murderers , criminals in police uniform must be punished at
the earliest.
At the outset , HRW salutes the few
honest police personnel who are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute them & pay our respects to them and hereby appeal to those few
honest to catch their corrupt colleagues.
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute them & pay our respects to them and hereby appeal to those few
honest to catch their corrupt colleagues.
The police are trained , to crack
open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like “Sherlock holmes” and apprehend the real criminals. nowadays ,
when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there
are 3 reasons for this :
holding onto a thread of clue. Based on that clue they investigate
like “Sherlock holmes” and apprehend the real criminals. nowadays ,
when police are under various pressures , stresses – they are
frequently using 3rd degree torture methods on innocents. Mainly there
are 3 reasons for this :
1) when the investigating officer
(I.O) lacks the brains of Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
holmes , to cover-up his own inefficiency he uses 3rd degree
torture on innocents.
2) When the I.O is biased towards
rich , powerful crooks , to frame
innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
innocents & to extract false confessions from them , 3rd degree
torture is used on innocents.
3) When the I.O is properly doing
the investigations , but the higher-
ups need very quick results – under work stress I.O uses 3rd degree
torture on innocents.
ups need very quick results – under work stress I.O uses 3rd degree
torture on innocents.
Nowhere in statuette books , police
are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn’t have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted. Even during encounters , police only have the legal right ,
authority to immobilize the opponents so as to arrest them but not to
kill them.
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn’t have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted. Even during encounters , police only have the legal right ,
authority to immobilize the opponents so as to arrest them but not to
kill them.
There is a reasoning among some
sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100′s
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don’t police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a pick-
pocketer to recover hundred rupees stolen ? double standards by
police.
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100′s
of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don’t police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a pick-
pocketer to recover hundred rupees stolen ? double standards by
police.
In media we have seen numerous cases
of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don’t police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like
scarecrows before rich crooks.
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don’t police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like
scarecrows before rich crooks.
Torture in any form by anybody is
inhuman & illegal. For the purpose
of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
of investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
1) to book cases of murder against
police personnel who use 3rd degree
torture on detainees and kill detainees in the name of encounter
killings.
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel
personnel from police service and
to forfeit all monetary benefits due to them like gratuity , pension ,
etc.
to forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount
together with matching government
contribution as compensation to family of the victim’s of 3rd degree
torture & encounter killings.
contribution as compensation to family of the victim’s of 3rd degree
torture & encounter killings.
4) To review , all cases where false
confessions were extracted from
innocents by 3rd degree torture.
innocents by 3rd degree torture.
5) To make liable the executive
magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all
judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount &
source of ransom money paid to forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice
A.J.Sadashiva’s report on “torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA”.
9) To make it mandatory for police
to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights
education in preliminary & refresher
training of police personnel.
training of police personnel.
11) To recruit persons on merit to
police force who have aptitude &
knack for investigations.
knack for investigations.
12) To insulate police from
interference from politicians & superiors.
13) To make police force answerable
to a neutral apex body instead of
political bosses. Such body must be empowered to deal with all service
matters of police.
political bosses. Such body must be empowered to deal with all service
matters of police.
14) The political bosses & the
society must treat police in a humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved
fully from the sentry duties of
biggies & must be put on detective , investigative works.
biggies & must be put on detective , investigative works.
Answer
My Lord ???
Stage set for arrest of
suspended Andhra CBI judge
The stage was Saturday set
for the arrest of suspended Central Bureau of Investigation (CBI) judge in a
cash-for-bail scam which has sent shock waves among the judiciary across the
state.
After receiving a nod from Andhra
Pradesh High Court to register a case, the CBI may arrest any time First
Additional CBI Judge T. Pattabhirama Rao on charges of taking bribe to grant
bail to former Karnataka minister Gali Janardhana Reddy in an illegal mining case,
sources here said.
CBI sources said the investigative
agency would register a first information report before carrying out the
arrests.
An Andhra Pradesh cabinet minister,
two Karnataka legislators, a retired judge, a rowdy sheeter and the suspended judge’s
son are also believed to have played a role in striking the deal.
The exact deal amount remained a
mystery but it is believed to be anywhere between Rs.5 crore and Rs.15 crore.
The judge allegedly demanded Rs.15
crore but the deal was finally struck for Rs.10 crore. He allegedly received
Rs.3 crore as advance before granting bail to Reddy May 11 in the Obulapuram
Mining Company (OMC) case.
The CBI Friday recovered part of the
amount from bank lockers belonging to the judge’s son.
The CBI, which grew suspicious of
the judge’s action, started investigations after a go-ahead from high court
Chief Justice Madan B. Lokur.
The investigators tapped the judge’s
phone and questioned him, his son and others. The chief justice was informed of
the preliminary investigations and, based on this, he suspended the judge late
Thursday.
Janardhana Reddy’s family allegedly
approached the judge through Yadagiri, a rowdy sheeter of Nacharam area in
Hyderabad, who then got in touch with a retired judge. A state minister is also
suspected to have helped in the deal.
Janardhana Reddy’s brother and
Karnataka legislator G. Somasekhara Reddy allegedly met the middlemen in a
hotel in Hyderabad to finally strike the deal. The accused’s brother allegedly
handed over the money, brought from Bellary town in Karnataka.
Despite Pattabhirama granting the
bail, the mining baron remained in Bangalore jail, where he is lodged in
another illegal mining case.
On a petition by the CBI, the high
court later stayed the bail.
The mining baron was arrested by the
CBI from Bellary Sep 5 last year in a case of illegal mining in Anantapur
district of Andhra Pradesh.
Judge
suspension: CBI claims Rs.1.80 crore recovererd from locker
The CBI claims to have recovered
nearly Rs. 1.80 crore here from a bank locker, the keys of which were
allegedly in possession of the son of Special CBI court judge T. Pattabhiramaa
Rao, who has been suspended on charges of bribery and corruption by the Andhra
Pradesh High Court.
The agency had carried the search
based on a source based input that a deal was allegedly struck between Rao and
former Karnataka Minister G. Janardhana Reddy for granting bail to the latter
in the illegal mining case, CBI sources said today.
Before proceeding with the search,
the CBI officials took Chief Justice of Andhra Pradesh High Court in confidence
and apprised him about the input received by them, they said.
After getting a green signal from
the Chief Justice, a CBI team got the locker opened and recovered
nearly Rs. 1.80 crore from it which the agency suspects belonged to
Reddy and was allegedly given as illegal gratification, they said.
|
The sources claimed that the
officials found the keys of the lockers to be in possession of Judge’s son.
The matter was again put before the
Chief Justice who ordered suspension of Rao, they said. Senior officials of the
agency said there are three options – the case is probed by local police, CBI
files a new FIR or adding the charges in the ongoing trial against Reddy.
They however added that any further
action could take place only after getting permission from the High Court.
“First Additional Special Judge for
CBI cases Pattabhirama Rao has been placed under suspension after the High
Court considered the information it received against the judge in ‘public
interest’, the High Court Registrar said in a release.
Incidentally, the judge had granted
bail to former Karnataka Minister Gali Janardhan Reddy in the OMC illegal
mining case last month while he had rejected bail to IAS officer Y. Srilakshmi,
another accused in the OMC scam.
The
need for a Judges Accountability Bill
By Vicky
Nanjappa
Off late there is a lot of talk
regarding the necessity to have a Judges Accountability Bill. Even when the
Lokpal Bill was being debated the inclusion of judges into this bill was
strongly opposed by the government despite members of the civil society urging
the government to make such an inclusion.
Off late there have been reports galore regarding judges being offered sites or houses under the discretionary quota of the Chief Minister. Recently there was an expose at the Orissa High Court. Prior to this there were reports from Karnataka and also another report which spoke about how the Narendra Modi government had offered prime lands to judges of the High Court.
The big question is whether judges deserve such treatment from the state government considering the fact that the government is the biggest litigant before any court in the country? Is this an illegality or is it corruption?
Off late there have been reports galore regarding judges being offered sites or houses under the discretionary quota of the Chief Minister. Recently there was an expose at the Orissa High Court. Prior to this there were reports from Karnataka and also another report which spoke about how the Narendra Modi government had offered prime lands to judges of the High Court.
The big question is whether judges deserve such treatment from the state government considering the fact that the government is the biggest litigant before any court in the country? Is this an illegality or is it corruption?
Justice Santhosh Hegde, former judge
of the Supreme Court of India says it is illegal to accept sites under the
discretionary quota. Judges ought to know that while accepting such sites they
are succumbing to temptation. They have to examine any such offer and find out
properly whether it is in accordance with law or not. It is very dangerous to
accept such favours since in the days to come it would hold against themselves.
Speaking of a judges accountability
bill, well there is one but it has not come out as yet. This has been loitering
around for some years now and it is time that something is done about it. In
fact while we were discussing the Lokpal bill this was one of the primary
contentions during the debate. Either the government had to include it into the
Lokpal Bill or make functional the judges accountability bill. However there
was a lot of misunderstanding regarding this. All I said was it was not right
to leave out the judges when we are fighting corruption. They should include
this portion into the Lokpal bill. However once the Judges Accountability Bill
is made functional then it could be deleted out of the Lokpal bill. There was
no need to keep this in abeyance until that happened. When this issue is being
argued and fought for the past 44 years then it is impertive for the government
to include it.
Senior Advocate in the Karnataka
High Court, Navkesh Batra is of the view that taking sites under the
discretionary quota is nothing but corruption. First and foremost Judges are
not entitled for a site under this quota. This quota is meant for poor people,
outstanding people including judges. It cannot be given as a bul allotment as
it amounts to nothing but a sop. When the government is the biggest litigant
before any court in India then such a sop does not instill confidence in the
public and it would be better if both the government and the judiciary abstains
from such an act. Here I would like to quote the incident involving the great
Justice R A Jagirdhar of the Bombay High Court. In fact he was the only judge
who refused to apply for a site despite a request by the then Chief Minister of
Maharashtra. He even went one step further and at a public function when the CM
sought to shake his hand he publicly rebuked him by saying, ” Mr CM your cases
are pending before the high court. As a high court judge I refuse to shake your
hand.”
LAND
SCAM IN TAMILNADU One for my
officer, one for my boy…
Land and property are coveted
assets. So why are chief ministers allowed to give these away as
favours? JEEMON JACOB tracks how Tamil Nadu Chief Minister M
Karunanidhi has been using his quotas
|
IN NOVEMBER, Chief Minister of
Karnataka BS Yeddyurappa almost lost his job, due to the uproar over
preferential allotment of land and property to his sons and close associates.
He has since cancelled the allotments, asked his children to move out of his official
residence, and retained his seat through some deft political manoeuvring and
muscle-flexing. At the height of the campaign against him, as political
opponents paraded on apparent moral high ground, TEHELKA published details of
plots similarly allotted by previous Karnataka chief ministers, both of the
Congress and the JD(S), to relatives, servants, drivers, maids and partymen
(LAND SCAM 2.0, 4 December). The purpose was not to make Yeddyurappa’s
wrongdoings look less shocking, but to show that the problem was endemic and
needed rooting out. The right given to chief ministers to hand out public land
to a favoured few — relatives, bureaucrats, judges, police officers and others
— smacks of nepotism and arbitrary feudal power structures that should have no
place in a modern democracy. (Though there is no immediate proof of this, some
of these allotments could also be benamitransactions, in which the
ultimate ownership remains with the distributor of the largesse, camouflaged by
a stack of fake documents.)
This power — euphemistically called
“discretionary quota” — has even been used to favour allegedly corrupt army
officers like General Deepak Kapoor (AT EASE WITH GREASE, TEHELKA, 20
November), who was given a large 500 sq yd plot in Haryana by the Hooda government,
which then faced the embarrassment of refusing him permission to sell it off
before five years had elapsed, as per rules. The plot was given to him by the
government as preferential allotment in recognition for his ‘outstanding
achievement’.
This week, continuing its campaign
against out-of-turn allotments of land and property, TEHELKA has an exposé on
Tamil Nadu Chief Minister M Karunanidhi. The Tamil Nadu Housing Board (TNHB)
which commands a large land bank, has a government discretionary quota (GDQ)
under which 15 percent of all allotments can be recommended by the CM.
Eligibility for allotment under GDQ is as follows: single/deserted women;
widows; social workers; physically handicapped persons; defence personnel;
ex-servicemen; eminent persons in the field of science, arts, literature,
economics, public administration and sports; freedom fighters; government
servants with unblemished service records; employees of PSUs, central
government undertakings and nationalised banks; PF institutions; journalists;
university staff; and employees of local bodies and municipalities.
While some of these categories sound
kosher, most of them raise a fundamental question: why should the government
have the power to give coveted land to select employees and journalists over
others? The only rationale could be proximity — which is an untenable reason
for being the beneficiary of political favours, often worth several crores.
Setting this aside, even within the
legal ambit of the GDQ, TEHELKA’s investigation shows that many of the
allotments in Karunanidhi’s tenure have violated the rule book. Many
bureaucrats and their relatives have been given plots or flats under the
category of “social worker”. Some of these last did social work when they were
in college; many of them claim to be volunteers in such routine activity as
helping in blood donation or eye camps. Many have issued certificates to
themselves; some have acquired letters from the Lions and Rotary Clubs with
vague endorsements. In other violations, the rules say that no one who has any
other land or property in Tamil Nadu or any other capital city, in either their
own or spouse or minor children’s name, can apply for GDQ allotments. TEHELKA
found this is routinely violated.
|
The other brazen violation lies in
the claim of “unblemished” service records as a qualification for allotment.
When RTI activist V Gopalakrishnan sought a list of such bureaucrats,
Additional Secretary S Solomon Raj said, “As no unblemished government servant
certificates are issued, the question of furnishing a list of names does not
arise.” The additional secretary also clarified that the home department didn’t
have such a list. This is the phantom category under which many public servants
like Jaffar Sait, 1986 batch IPS officer, now Inspector General of
Police–Intelligence, got large allotments of land in prime locations. Why them
more than hundreds of others? That’s a democratic question the chief minister
will have to answer.
jee…@gmail.com
PHOTOS: THE
HINDU, JEEMON JACOB
|
‘GDQ is a way of making you part of
the syndicate’
BY JEEMON JACOB
|
A1990 batch IAS officer, C
Umashanker shot to fame during the AIADMK regime when he exposed a scam in
the construction of sheds in a cremation ground under the Jawahar Rozgar Yojana
when he was additional collector in Madurai. His brush with AIADMK supremo J
Jayalalithaa’s partymen resulted in his transfer out of the district.
Later, when the DMK came to power,
he was appointed managing director of the state-run Electronic Corporation of
Tamil Nadu and put in charge of procuring colour television sets for free
distribution to the poor in the state, in keeping with an election promise of
the DMK. He was transferred with immediate effect after he exposed corporate
fraud committed by the joint venture promoter ELNET Technologies Ltd.
Later, he was posted as managing
director of the state-run Arasu Cable TV Corporation. In this capacity, he
opposed the monopoly of Sumangali Corporation run by Kalanidhi Maran. He also
took steps to nationalise Sumangali Cable Vision. By that time, Maran had a
patch-up with the Karunanidhi family and Umashanker was transferred with
immediate effect.
Later, the anti-corruption and
vigilance department registered a case against him for disproportionate assets.
The government suspended him for claiming fake caste certificate as a Dalit
when he is a practising Christian.
|
He lodged a complaint with the
National Backward Commission against his suspension and got a favourable order
from the High Court. At present, he is managing director of Tamil Nadu Small
Industries Corporation.
Umashanker was allotted a plot
(under government order 2D 325) on 3 April 2008 at Thiruvanmiyur Extension when
he was in charge of the free colour television for the poor programme. For
this, he would have had to pay 55.12 lakh. He wrote to the chief minister that
he could not afford to pay such a huge amount. Later, his allotment was
cancelled without stating any reason.
Umashanker revealed he had an MIG
flat in his name when the plot was allotted and he was not aware about the rule
of Tamil Nadu Housing Board (TNHB) that he can’t claim a plot when he has
another flat in his name.
It certainly seems commendable that
Umashanker turned down a chance to own a plot in Thiruvanmiyur Extension, one
of the poshest areas of the city. The plot is just 300 metres from the beach.
Though the entire colony has been
parcelled out to those close to the ruling establishment, it is the nouveau
riche and the industrialists who dream of owning a house in Thiruvanmiyur,
where they can rub shoulders with former judges, bureaucrats and political
power brokers. If and when the allottees decide to sell their plots, they can
demand extremely high prices.
In a frank chat, Umashanker talks
about how the government discretionary quota has been misused. Excerpts:
Why are bureaucrats, judges, former
judges and politicians given housing plots in posh localities under government
discretionary quota?
Who can refuse a good piece of land in Chennai city? It’s a way of rewarding people for good work done. No inquiry has been conducted in this matter so far. Discretionary quota is the prerogative of the government. After RTI came into existence, several activists are taking up the matter in court. Basically, there is no control mechanism or checks and balances. There is little transparency while awarding the GDQ — the plots are allotted without formal applications.
Who can refuse a good piece of land in Chennai city? It’s a way of rewarding people for good work done. No inquiry has been conducted in this matter so far. Discretionary quota is the prerogative of the government. After RTI came into existence, several activists are taking up the matter in court. Basically, there is no control mechanism or checks and balances. There is little transparency while awarding the GDQ — the plots are allotted without formal applications.
You were also allotted a plot in
2008 under the ‘unblemished government servant’ category. What happened to the
allotment?
Yes, I was allotted a plot in Thiruvanmiyur Extension. Initial payment for the plot was Rs. 25 lakh. I never had that much money. So I requested the government to reduce the price. But there was no response. I did not want a house to compromise my integrity. So I never took possession. Later, in 2009, the government ordered a vigilance inquiry against me and cancelled the allotment. Frankly, I was not aware about the TNHB rules that bars a person having a plot, a flat or a house from claiming another plot.
Yes, I was allotted a plot in Thiruvanmiyur Extension. Initial payment for the plot was Rs. 25 lakh. I never had that much money. So I requested the government to reduce the price. But there was no response. I did not want a house to compromise my integrity. So I never took possession. Later, in 2009, the government ordered a vigilance inquiry against me and cancelled the allotment. Frankly, I was not aware about the TNHB rules that bars a person having a plot, a flat or a house from claiming another plot.
Do you think the GDQ quota is a way
of silencing people, buying them out?
Yes, it is a way of making you a part of the syndicate. Plots or flats are given to those civil servants, judges or relatives of the bureaucrats or politicians for complying with certain requirements. There is no procedure for IAS or IPS officers to get a land or plot or flat in a transparent manner. So everybody uses short cuts.
Yes, it is a way of making you a part of the syndicate. Plots or flats are given to those civil servants, judges or relatives of the bureaucrats or politicians for complying with certain requirements. There is no procedure for IAS or IPS officers to get a land or plot or flat in a transparent manner. So everybody uses short cuts.
Minister’s
DQ proves judges are more corrupt than civil servant
NEW DELHI/BHUBANESWAR: An
investigation by Cobra post and IBN Network has revealed how former and sitting
judges of Orissa, police officers and bureaucrats have received flats from
the DiscretionaryQuota (DQ) of ministers. As a matter of fact,
successive Urban Development Ministers in the Naveen Patnaik government have
misused the discretionary housing quota.
According to the revelation, the
judges have got the ‘minister quota’ flats out of turn and at cheaper rates.
The IBN Network accessed letters of
judges written to the government asking for prime property in Cuttack and
Bhubaneswar.
Prime properties were acquired in
Cuttack at concession rates, bypassing the Cuttack Development Authority. In
fact, Sectors 10, 11 and 13 of Cuttack’s Abhinav Bidanasi project has
practically become a judges’ residential colony.
Former Chief Justice G B. Patnaik is
a resident of flat 1B/22 in Sector 11 while former Orissa High
CourtJudge Radhakrishna Patra has flat 1B/23 in the same sector, given out
on lease.
Supreme Court judge Deba
Priya Mohapatra, Orissa High Court judges Sanju Panda, Madan Mohan Das,
Nityanand Prastuti also own flats in Sector 10 and 11.Papers for the flats were
prepared quickly and some judges even got preferred plots.
Most of the allotments took place
between 2000 and 2007, under the BJP cadre Urban and Housing Development
Minister Sameer De who was State Development Minister from 2000-2004 and
then Kanak Vardhan Singh Deo who called the shots from 2004 to 2007.
All that the judges had to do was
written to the Minister. The CNN-IBN has a letter written by Justice Madan
Mohan Das to the CDA Chairman and to Minister Kanak Vardhan Singhdeo, asking
for a B-Category Flat in Sector 10, saying he would ensure a third party
transfer of a C-Category Flat already owned by his wife.Justice Das was
allotted the flat in just six days.
When asked why
the discretionary quota was used to make the allotments, Sameer Dey,
former Orissa urban development minister, said, “The Orissa act does not have
any such rule. There is 5 per cent and 10 per cent allocation
in discretionary quota. Apart from that we don’t have any rule.”
Kanak Vardhan Singh Deo, former
Orissa urban development minister, said, “The rule is that only those who apply
for the project can be allotted land via Discretionary Quota. So if
any such person does not apply what can we do?”
CNN-IBN has also found that many of
the judges who were allotted land through the discretionary quota
already own ancestral property in Cuttack. Yet the ministers were allotted the
land they asked for.
Judicial
Layout Site Allotment at Yehanka Bangalore – BRIBE TO JUDGES ?
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?
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.
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.
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.
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30 , 2006
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Burn After Reading
BRIJESH PANDEY and SANJAY DUBEY track the Supreme Court’s lack of urgency
in investigating charges of judicial corruption
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.
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?”
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?”
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?”
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.
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.
WRITERS’ EMAIL
brijesh@tehelka.com sanjay@tehelka.com |
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From
Tehelka Magazine, Vol 6, Issue 41, Dated October 17, 2009
|
‘Half of last 16 chief justices have
been corrupt’
By churumuri
Judicial corruption is a bull few in
India are willing to attach their names to. There are whispers of this or that
sitting judge making piles or cash; of sons, daughters and other near and dear
ones acting as “brokers” for cases, deals, etc, but none of those allegations
see the light of day.
Not because the media is a willing
accomplice but because of the sword of “contempt of court” hanging over us.
For long, truth was not,
repeat not, a defence in the case of contempt. Although that
is now no longer the case, judicial corruption still isn’t headline news like
corruption in other spheres of Indian life. The case of Justice P.D.
Dinakaran is one of the rare exceptions and that too only in sections of
the media.
In September 2009, the Supreme Court
lawyer Prashant Bhushan, in an interview to Shoma
Chaudhury of Tehelkamagazine, said “half of the
last 16 chief justices were corrupt”. The comment invited the apex
court’s contempt. Now, Bhushan’s father, the noted
jurist Shanti Bhushan has joined issue.
In his application before the
Supreme Court praying for his impleadment as respondent No.3 in the case of the
Amicus Curiae vs Prashant Bhushan, Bhushan senior repeats his son’s charge that
eight out of the last 16 CJs were corrupt, even going so far as to deliver the
names of the corrupt in a sealed cover.
“In the applicant’s opinion,
eight [of the last 16 chief justices] were definitely corrupt, six were
definitely honest and about the remaining two, a definite opinion cannot be
expressed whether they were honest or corrupt.”
Below is the full text of Shanti
Bhushan’s application, published in the public interest.
***
To
The Hon’ble Chief Justice of India
&
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.
His companion justices of the Supreme Court of India
The humble application of the Petitioners above named.
Most respectfully showeth:
1. That
the applicant is filing the present application for his impleadment as Respondent
No. 3 in the aforementioned contempt petition as the applicant is making a
categorical statement in the present application that eight of the last sixteen
Chief Justices of India were definitely corrupt and also providing the names of
those eight definitely corrupt Chief Justices in a sealed cover as an annexure
along with the present application.
2. The
applicant is a practicing advocate who was enrolled on 8 July 1948. He has
appeared in each and every High Court in the country. He is well acquainted
with the manner in which the Indian judiciary has been functioning and how its
character has been changing over the years.
3. That
the applicant has been a part of the campaign for judicial accountability since
its inception in the year 1990.
4. That
there was a time when it was almost impossible even to think that a judge of a
High court or the Supreme Court could be corrupt. Things have changed
drastically during the last 2 or 3 decades during which corruption has been
growing in the Indian judiciary. So much so that even a sitting Chief Justice
of India had to openly admit that 20% of the judges could be corrupt. Very
recently in March 2010 a sitting Chief Justice of a high court openly made a
statement. The statement of the sitting chief justice was published by
the Times of India in its issue of 6th march 2010 with the
headlines, “In our judiciary, anybody can be bought, says Gujarat chief
justice”. A copy of the news paper report is being annexed hereto as
Annexure A.
5. That
the applicant believes that the reported statement may not be correctly
reflecting the perception of the Gujarat Chief Justice, since he should be
knowing as the applicant does that there are and have always been plenty of
totally honest judges, but they are also becoming the victim of this public
perception since no institution of governance in the country is taking any
effective steps about dealing with corruption in the judiciary.
6. That
India became a republic in 1950, when the people became sovereign. They got the
right to constitute their institutions, the executive, the legislature and the
judiciary, to serve them, who would be accountable to them.
7. That
before 1950, corruption was almost non existent in the High Courts. The federal
court had in 1949 got Justice Shiv Prasad Sinha removed from the
Allahabad High Court, merely on the finding that he had passed 2 judicial
orders on extra judicial considerations.
8. That
it however appears that thereafter the judiciary has adopted the policy of
sweeping all allegations of judicial corruption under the carpet in the belief
that such allegations might tarnish the image of the judiciary. It does not
realize that this policy has played a big role in increasing judicial
corruption.
9. That
the Constitution prescribed removal by impeachment as the only way of removing
judges who commit misconduct since it was believed at the time of the framing
of the Constitution that misconduct by judges of the higher judiciary would be
very rare. However those expectations have been belied as is apparent from the
surfacing of a series of judicial scandals in the recent past. The case of
Justice V. Ramaswami and subsequent attempts to impeach other judges
have shown that this is an impractical and difficult process to deal with
corrupt judges. The practical effect of this has been to instill a feeling of
impunity among judges who feel that they cannot be touched even if they
misconduct.
10. That corruption by
judges is a cognizable offence. The Code of Criminal Procedure requires that
whenever an FIR is filed with respect to a cognizable offence, it is the
statutory duty of the police to investigate the offence. The police has to
collect evidence against the accused and charge-sheet him in a competent court.
He would then be tried and punished by being sent to jail. The Supreme Court
has however by violating this statutory provision in the CrPC given a direction
in its Constitution bench judgement in theVeeraswamy case of 1991 that no
FIR would be registered against any judge without the permission of the Chief
Justice of India. In not a single case has any such permission ever been
granted for the registration of an FIR against any judge after that judgement.
11. That the result of
this direction has been that a total immunity has been given to corrupt judges
against their prosecution. No wonder that judicial corruption has increased by
leaps and bounds.
12. That an honest
judiciary enjoying public confidence is an imperative for the functioning of a
democracy, and it is the duty of every right thinking person to strive to
achieve this end.
13. That unless the level
of corruption in the judiciary is exposed and brought in the public domain, the
institutions of governance cannot be activated to take effective measures to
eliminate this evil.
14. That it is the common
perception that whenever such efforts are made by anyone, the judiciary tries
to target him by the use of the power of contempt. It is the reputation of the
judge which is his shield against any malicious and false allegations against
him. He doesn’t need the power of contempt to protect his reputation and
credibility.
15. That the applicant
strongly believes that a responsible citizen should be prepared to undergo any
amount of suffering in the pursuit of the noble cause of fighting for a clean
judiciary.
16. That there are two
statements of Respondent no. 1 (Prashant Bhushan) published in Tehelka by
Respondent no. 2 which are alleged to constitute contempt of court. In the 1st
statement, Respondent no. 1 has expressed that in his view, out of the last 16
or 17 chief justices of India, half have been corrupt.
17. The applicant states
that in his view too this statement is absolutely correct. At the time of the
publication of this report in Tehelka, the last 16 Chief Justices
of India were the
following:
1. Justice Ranganath Mishra,
2. Justice K.N. Singh,
3. Justice M.H. Kania,
4. Justice L.M. Sharma,
5. Justice M.N. Venkatchalliah,
6. Justice A.M. Ahmadi,
7. Justice J.S. Verma,
8. Justice M.M. Punchhi,
9. Justice A.S. Anand,
10. Justice S.P. Bharucha,
11. Justice B.N. Kripal,
12. Justice G.B. Patnaik,
13. Justice Rajendra Babu,
14. Justice R. C. Lahoti,
15. Justice V.N. Khare,
16. Justice Y.K SabharwalOut of these, in the applicant’s opinion, eight were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt. The signed lists identifying these eight, six and two Chief Justices of India are being enclosed in a sealed cover which is being annexed here to as Annexure B.
2. Justice K.N. Singh,
3. Justice M.H. Kania,
4. Justice L.M. Sharma,
5. Justice M.N. Venkatchalliah,
6. Justice A.M. Ahmadi,
7. Justice J.S. Verma,
8. Justice M.M. Punchhi,
9. Justice A.S. Anand,
10. Justice S.P. Bharucha,
11. Justice B.N. Kripal,
12. Justice G.B. Patnaik,
13. Justice Rajendra Babu,
14. Justice R. C. Lahoti,
15. Justice V.N. Khare,
16. Justice Y.K SabharwalOut of these, in the applicant’s opinion, eight were definitely corrupt, six were definitely honest and about the remaining two, a definite opinion cannot be expressed whether they were honest or corrupt. The signed lists identifying these eight, six and two Chief Justices of India are being enclosed in a sealed cover which is being annexed here to as Annexure B.
18. That in fact two
former chief justices of India had personally told the applicant while they
were in office that their immediate predecessor and immediate successor were
corrupt judges. The names of these four Chief Justices of India are included in
the list of the 8 corrupt Chief Justices of India.
19. That since the
applicant is publicly stating that out of the last sixteen Chief Justices of
India, eight of them were definitely corrupt, the applicant also needs to be
added as a respondent to this contempt petition so that he is also suitably
punished for this contempt. The applicant would consider it a great honour to
spend time in jail for making an effort to get for the people of India an
honest and clean judiciary.
20. That the applicant
also submits that since the questions arising in this case affects the
judiciary as a whole, the petition needs to be decided by the entire court and
not merely by three judges handpicked by a Chief Justice.
PRAYERS
In view of the above, it is most
respectfully prayed that this Hon’ble Court may be pleased to:
1. allow
the present application and implead the Applicant as a contemnor in the
aforementioned contempt petition as Respondent no. 3; and
2. pass
any other or further order/s as this Hon’ble Court may deem fit and proper in
the facts and circumstances of the case.
(Shanti Bhushan)
applicant-in-person
New Delhi
applicant-in-person
New Delhi
***
Photograph: courtesy Shailendra Pandey/ Tehelka
***
Full coverage: The strange case of Justice P.D. Dinakaran
The father, the sons-in-law and the
unholy properties
JEEMON JACOB & VK
SHASHIKUMAR scoop documents to establish property amassed by former Chief
Justice of India KG Balakrishnan’s son-in-law, PV Sreenijan, a practising
lawyer who recently resigned from the Kerala Congress
|
WHEN KG Balakrishnan was
appointed Chief Justice of India in 2007, it was a great moment for a man of
humble origins. But VR Krishna Iyer, former judge of the Supreme Court and
national icon, now says, “I used to say that an era had begun when KG
Balakrishnan became the first Dalit Chief Justice. Now, I don’t feel that way.”
Post retirement, Balakrishnan became
head of the National Human Rights Commission (NHRC) in June last year. Ever
since, a rising crescendo of allegations of corruption have been heard, fuelled
by the fact that his younger brother KG Bhaskaran and his two daughters and
sons-in-law all acquired vast properties during his tenure as Chief Justice.
TEHELKA has accessed documents that
show that between 2007 and 2010, son-in-law Puliyanaveettil Vasu Sreenijan
purchased property worth Rs. 1.85 crore. The current real estate value of these
properties is in excess of Rs. 25 crore.
This is a truly amazing story of
wealth creation by a man who, while contesting elections from Kerala’s reserved
Njarackkal Assembly constituency as a Congress candidate in 2006, had declared
a bank balance of Rs. 25,000 apart from 24 g of gold.
|
Sreenijan is married zto
Balakrishnan’s elder daughter KB Sony, whom he met in college. He traces his
background to a humble and hard-working family: his father was a factory worker
in Premier Tyres, Kalamassery, and a Congress party worker. His classmates
remember him as an introvert who had a muted, almost latent, ambition to become
a powerful politician. From campus politics he moved to the Youth Congress and
took active part in its programmes and activities.
Sreenijan became a practising lawyer
in the Kerala High Court. When Balakrishnan started his three-year tenure as
Chief Justice, Sreenijan started making huge investments in real estate and
tourism. This sudden acquisition of wealth is currently being probed by the
vigilance department after a probe was ordered by Chief Minister VS
Achuthanandan.
TEHELKA repeatedly tried to
establish contact with Sreenijan for his version via SMS and phone, but all
calls went unanswered.
After his marriage with Sony,
Sreenijan’s political career also leapfrogged. He was appointed state
vice-president of the Youth Congress. Though Congress leaders like MA Kuttappan
(also a former minister) challenged Sreenijan’s rise, such protests were
short-lived. He lost the 2006 elections but his wife purchased a flat and car
parking space in Travancore Residency Towers for Rs. 6 lakh in 2007.
WITHIN A month, Sony again
purchased another flat in Mather Square. The cost of the flat mentioned in the
title deed is only Rs. 1.49 lakh, but the market price of flats in the vicinity
was about Rs. 66 lakh at that time.
Today, Kerala Youth Congress leaders
who were angry about Sreenijan’s political rise are gunning for him. “We demand
a CBI inquiry to find out how Sreenijan acquired so much property and assets
within the last three years,” said M Liju, former Youth Congress state
president. On 5 January, Sreenijan tendered his resignation as Youth Congress
vice-president.
|
In November 2008, Sreenijan
purchased a river-front property of 277.52 cents in Kadukutti village in
Thrissur district where he is now reportedly constructing a resort. According
to the title deed, he purchased the land from Mohammed Iqbal Mather for Rs. 14
lakh. Villagers who prefer to remain anonymous say the market price was Rs. 1
lakh per cent. If that is the case he has allegedly shelled out Rs. 2.77 crore.
And building the resort could put him back by more than Rs. 10 crore.
In 2009, Sreenijan purchased another
property on Deshabhimani Road in Ernakulam for Rs. 30 lakh. Later, a property of
3.5 cents of land was purchased in his mother’s name (Sreemathy Vasu) adjacent
to his plot.
But it is not only Sreenijan who
became rich during Balakrishnan’s tenure as CJI. The second son-in-law,
advocate MJ Benny, too, became wealthier after his marriage to Rani,
Balakrishnan’s younger daughter.
Born to a working-class Christian
couple in Nettur, Ernakulam, Benny married Rani in 2006. Benny and Rani, both
lawyers, fell in love in the court.
Benny’s assets piled up in a manner
similar to Sreenijan’s. Between 19 March 2008 and 26 March 2010, he purchased
98.5 cents of land through five title deeds for Rs.81.5 lakh. This is prime
land along the National Highway in Marad, Ernakulam district. A cursory
comparison of land rates during this period shows that the property was
undervalued.
When Benny purchased the property it
was around Rs. 4 lakh per cent and at current rates would be Rs. 10 lakh per
cent. Yet Benny showed his yearly income as Rs. 5 lakh and Rs. 5.5 lakh during
the assessment years 2008-09 and 2009-10. Just five land deals made Benny a
millionaire in two years.
Rani also embarked on an investment
spree, purchasing 10.5 acres in Athirampuzha with her relatives, including
Abhilash T Chandran in 2007. Chandran is the son of Thangappan, one of Balakrishnan’s
six brothers.
Then there’s KG Bhaskaran, younger
brother of the former CJI, who is in the spotlight for possessing property
beyond his known sources of income. A senior government pleader practising in
the Kerala High Court, Bhaskaran reportedly purchased 50 acres of land in
Dindigul, Tamil Nadu. In the light of allegations of having illegally amassed
property he was asked to go on leave from 4 January by Kerala’s Advocate
General CP Sudhakara Prasad. Bhaskaran, a former member of the CPM, contested
Assembly elections as a party candidate from Vaikom in 1977.
Bhaskaran was a regular visitor to
the Supreme Court during his elder brother’s tenure as the CJI. He is also
reportedly close to Justice Paul Daniel Dinakaran (currently Chief Justice of
Sikkim High Court and former Chief Justice of Karnataka High Court) against
whom serious allegations have been levelled of land grab in Tamil Nadu.
No wonder, the Kerala Vigilance
Department is now probing all the assets acquired by Balakrishnan’s family.
Especially as the patriarch has not faded into the sunset and is now heading a
body tasked with bringing justice to those whose human rights have been
violated.
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
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.
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.
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…
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…
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
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.
Editorial
: COURT JUDGEMENT FIXING IN COURTS OF LAW / POLICE
STATIONS / GOVERNMENT
OFFICES SATYAMEVA
JAYATE ?
Triumph
of Injustice in India
In India legislations ,
Parliamentary Acts , policy decisions are fixed (example : telecom policy
fixing by neera radia & others) , the court judgement are fixed , arrest
warrant by courts are fixed (example : CJI. Ahmadi changing the charge against
Bhopal gas co & a judge issuing arrest warrants against then
president of India kalam & then CJI) , Police fixing cases , torturing
innocents , closing cases by B reports , changing track of investigations ,
governments servants giving false reports & records , etc. In this
back drop , commonman won’t get justice in India . Instead if he raises his
voice for justice , he is persecuted by the nexus of CRIMINALS – POLICE –
JUDGES – PUBLIC SERVANTS.
Even the supreme court of India , is
not accepting our offer of service to legally book the criminals nor is it
registering our PIL nor the Karnataka police are registering our complaint
against public servants.
Our Supreme Court Judges , police
& Public Servants , preach virtues in courts of law & other forums ,
but they don’t practice it themselves.
SATYAMEVA JAYATE ?
Read & Answer :
JAI HIND. VANDE MATARAM.
Your’s sincerely ,
Nagaraj.M.R.
Nagaraj.M.R.
IB confirms Mysore sex
scandal
The Intelligence Bureau has provided
the Centre with a detailed account of the escapade involving three Karnataka
High Court judges on November 3 in a resort on the outskirts of Mysore, highly
placed sources told The Times of India on Friday.
According to a senior official, “Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match.”
The incident was widely reported in the media. What has surprised the Centre is the “dogged refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot,” says the source.
What transpired at the resort, says the source, “cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law”. According to him, “The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position?”
In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court.
While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident.
However, the source says that now the government is worried about the appropriate “remedial measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He says, “Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High Court.”
The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for “follow-up action”.
“Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy,” it said in a statement. The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.
Read more: IB confirms Mysore sex scandal – The Times of India http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sex-scandal/articleshow/29801662.cms#ixzz1B7PtvFdU
According to a senior official, “Most of the information sought has not only confirmed the veracity of the incident but the government has crosschecked it with another police agency. Both the reports match.”
The incident was widely reported in the media. What has surprised the Centre is the “dogged refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C. Chandrasekhar first denied that the incident ever took place. Only when a public notice was issued through the high court registrar seeking information on the Mysore scandal, did the facts come out in the open. Public protest helped a lot,” says the source.
What transpired at the resort, says the source, “cannot be expected from anyone in civil society, leave alone persons sworn to upholding the law”. According to him, “The IB report consists of unmentionable facts and also makes it amply clear that the Mysore incident is not the first time such things have happened. Can anyone expect upholders of the law to pick a fight with people who complained to the police when caught in a compromising position?”
In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High Court.
While Jain is understood not to have given any reasons, highly placed sources say the proposal for transfers is linked to the Mysore incident.
However, the source says that now the government is worried about the appropriate “remedial measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He says, “Bar associations and the people of northeastern states were up in arms when some judges of the Punjab and Haryana high courts were transferred there. We expect similar protests if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High Court.”
The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called for “follow-up action”.
“Unless prompt and appropriate action is taken, it will erode the faith of public in the only institution considered to be the bastion of our fighting faith in democracy,” it said in a statement. The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.
Read more: IB confirms Mysore sex scandal – The Times of India http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sex-scandal/articleshow/29801662.cms#ixzz1B7PtvFdU
CJ suspends copycat
judges, wants report
Hyderabad/Warangal, Aug. 25: The
Andhra Pradesh High Court Chief Justice, Mr Nisar Ahmad Kakru, on Wednesday
suspended five subordinate judges for allegedly indulging in copying during the
LLM exams held at Kakatiya University in Warangal district on Tuesday.
Mr Ajitsimha Rao, senior civil
judge, Mr Vijayender Reddy, second additional district judge of Ranga Reddy
district, Mr M. Kistappa, senior civil judge of Anantapur, Mr Srinivasa Chary,
senior civil judge of Baptla and Mr Hanumantha Rao, additional junior civil
judge of Warangal were caught red-handed while copying in the first year exams.
The Chief Justice reviewed the
situation after obtaining the preliminary report from the university
authorities and issued orders suspending them from the service. He also asked
the university to send a detailed report on the exam malpractice by the judges.
Meanwhile, the Warangal District Bar
Association (WDBA) has demanded registration of cases under the AP Public
Examination (Prevention of Malpractices & Unfair Means) Act, 1997, against
the errant judges. “It was unbecoming of the judges to indulge in mass
copying,” said Mr Ch Sambasiva Raju, vice-president, WDBA. The WDBA office
bearers also demanded suspension of Mr Razak Uzama, II Sub-Judge, Warangal and
his wife Ms Prema Rajeshwara, secretary, district legal services authority,
Warangal, both of who appeared in the LLM exam. Reportedly, it was Mr Razak who
encouraged the mass copying. However, he and his wife were spared. Meanwhile,
Dr Talapalli Manohar, additional controller of examination, SDLCE, clarified
that the flying squad had actually debarred only three judges — Mr M. Kistappa,
Mr Vijayender Reddy and Mr Ajitsimha Rao. Sources said the other two judges, Mr
Hanumantha Rao and Mr Srinivasa Chary were caught based on visual evidence.
Magistrate issues arrest
warrant against Indian president after cash bribe.
An Indian magistrate who allegedly
accepted a bribe to issue arrest warrants against India’s president and senior
legal figures has been trapped in a sting operation by a journalist, a report
said.
The journalist videotaped magistrate
Meghani Nagar, who practices in Ahmedabad, commercial capital of Gujarat state,
accepting a bribe of 40,000 rupees (851 dollars) to issue the arrest warrants,
the Times of India newspaper said Thursday.
Among those cited in the warrants
for criminal breach of trust and for cheating and dishonesty are Indian
President Abdul Kalam and Chief Justice V.N. Khare, a senior judge and a
well-known …
Indian
president arrest warrant probe
India’s Supreme Court has ordered an
investigation into how an arrest warrant was issued against the country’s
president and its top judges.
A shocked Chief Justice VN Khare
asked India’s top police body, the Central Bureau of Investigation, to report
its findings in a week.
President Abdul Kalam, two Supreme
Court judges – including Chief Justice Khare himself – and the president of
India’s bar association were issued with the warrants after a case of fraud was
filed against them.
An Indian television journalist has
told the court he secretly filmed a magistrate accepting 40,000 rupees ($883)
to issue the warrants.
The magistrate apparently had not
realised who they were, newspaper reports said on Thursday. He has now been
suspended from his duties.
Court request
Journalist Vijay Shekhar has handed
over to the court videotapes of the incident, which took place in the state of
Gujarat.
The court has issued notices to the
magistrate and the lawyers who filed the case, asking them for their version of
the events, the Press Trust of India reports.
“What is happening in Gujarat? By
giving 40,000 rupees you can get a judicial order,” Chief Justice Khare is
reported as saying.
“If this is the state of affairs
only God knows what will happen to the country,” he added.
Mr Shekhar said he carried out the
sting operation to expose corruption in India’s judiciary.
In 2001 India was hit by an arms
scandal after a website secretly filmed senior military and defence officials
apparently accepting cash from journalists posing as arms dealers.
Lokayukta:
DC demanded sex from widow
In the midst of a national outrage
over former Haryana DGP SPS Rathore molesting a teenager, the Karnataka
Lokayukta on Saturday made a startling revelation that the state government was
shielding a top bureaucrat who had demanded sexual favours from a young widow.
Lokayukta Justice Santosh Hegde
disclosed that the official concerned, who was the deputy commissioner of one
of the districts when he demanded sex from the widow in return for discharging
his duties as public servant, has since been promoted to a senior position.
Justice Hegde, in the course of an
interaction with journalists at the Deccan Herald office Saturday afternoon,
said the unnamed widow had dared the deputy commissioner and approached the
Lokayukta’s office with a complaint against the officer.
On examination of the complaint, the
Lokayukta had found sufficient grounds to recommend to the state government the
suspension and prosecution of the DC concerned. The recommendation was
subsequently considered by the concerned department head as well as the chief
secretary and both endorsed it.
But, according to Justice Hegde, no
action was initiated against the DC as the same official who had endorsed the
recommendation subsequently found no basis for initiating departmental action
against him. Instead, the official cleared the DC’s name for promotion in the
super-scale. Presently, the official holds a senior position in the government.
The widow, in her late 20s, had
approached the DC with a representation to sort out some problems. But she was
shocked when the DC demanded sex.
Justice Hegde did not identify the
official in question or the complainant. Nor did he offer to name the district
where the official was serving as deputy commissioner. But the incident has
happened sometime in the course of last three years as Justice Hegde took over
as the Lokayukta in mid-2006.
3-year
jail term for ‘dirty’ judge
Family court judge Ramrao Gangaram
Bhise attempted to get sexual favours from a housewife in 1997
Family court judge Ramrao Gangaram
Bhise’s attempts to extract sexual favours, in addition to a bribe, from a
housewife, Alka Gaikwad — who had sought an increase in her monthly maintenance
allowance from her estranged husband, in 1997 — proved costly to him.
Pronouncing him guilty on both counts, the special court hearing
anti-corruption bureau (ACB) matters sentenced him to three years rigorous
imprisonment and a collective fine of Rs55, 000, on Monday.
According to the FIR in the case
registered against Bhise by the ACB, Suryakant Gaikwad had filed for divorce
from his wife, Alka, before the Bandra family court. Alka, a housewife, in
turn, filed a petition seeking mutual cohabitation with her husband. The then
family court judge, Meera Khadakkar, directed the husband to pay her an interim
maintenance allowance of Rs750 per month.
Subsequently, in January 1997, Alka
filed another application before the same family court (now presided over by
Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On
October 27, 1997, Bhise issued an interim order, increasing the maintenance
allowance to Rs2,000 to be paid by Suryakan to his estranged wife till the
disposal of the case. Immediately after issuing the order, Bhise asked Alka to
meet him and gave her his residential telephone number, asking her to call him
when the court hours ended. He told her that he would ask her husband to pay
her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she
called him up,” the FIR states.
When she called up the judge at 7 pm
the same day, Bhise told her that she would have to pay him a sum of Rs2,000 in
addition to granting his sexual favours if she wanted an order in her favour.
He also directed her to meet him at the Haji Ali bus stop with the bribe amount
the following evening.
“Alka approached the ACB, which
sought permission from the Chief Justice of the Bombay High Court before laying
a trap on the first class judicial magistrate (Bhise). The HC while granting
the permission designated a court official to bear witness to the events
leading to the trap. Alka, under video camera surveillance of ACB sleuths,
along with the court official and other women witnesses met Bhise at 8.30 pm at
the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when she protested,
repeated his demands,” the FIR states.
Alka was then taken to a nearby
hotel, Sharda, where the judge accepted the bribe amount. But before he could
do anything else, ACB sleuths swooped in and arrested him.
Rajasthan judge is
indicted for seeking sexual favours
Chief Justice of India G B Pattanaik
retires tonight and he doesn’t have much to write home about on the
unprecedented drive he launched to enforce judicial accountability.
After the PPSC scam fiasco, reported
in The Indian Express today, comes the case of the Rajasthan judge who has been
indicted in a sex scandal and yet has escaped action—pending another inquiry.
On December 14, a three-judge
committee set up by Pattanaik confirmed the ‘‘involvement’’ of Justice Arun
Madan of the Rajasthan High Court in a proposition to a woman doctor to have
sex with him in exchange for a judicial favour.
The committee, headed by the Chief Justice
of the Punjab and Haryana High Court Justice B K Roy, submitted its report to
Pattanaik, indicting Madan on a complaint made from Jodhpur by the woman
concerned, Sunita Malviya.
But Pattanaik has not announced any
action against Madan. When contacted by The Indian Express, Pattanaik confirmed
that the committee had indicted Madan and his ‘‘bad reputation’’ in seeking
sexual favours in return for judicial ones.
However, Pattanaik said that no
action was being taken since the committee had also mentioned allegations of
corruption against Madan. And so he had ordered a further inquiry by the same
committee into the corruption charges.
When asked what he did with the
indictment of Madan in the sex scandal, Pattanaik said, ‘‘That is on hold
because I could not have taken piecemeal action against him….I am praying to
God that the final report will give some tangible material to take action.’’
Highly placed sources told The
Indian Express that when the committee recorded statements last week in Jodhpur
of about 30 persons over four days, it also came to know of several allegations
of corruption against Madan and another judge of the same high court. The
committee put these on record as well.
Pattanaik said that when he summoned
Madan to New Delhi last week, he did not raise the sex scandal issue and
instead limited himself to saying that he was ordering a further inquiry into
corruption allegations.
In effect, Pattanaik has now passed
the Rajasthan buck to his successor Justice V N Khare.
The gist of Malviya’s complaint is
that Madan made a sexual proposition to her in October through a deputy
registrar of the high court, Govind Kalwani, who said that the judge would help
her, in turn, get out of a criminal case booked against her.
With this, Pattanaik’s much-touted
in-house judicial accountability seems to have hit a wall. The first
committee’s report into the PPSC scam exonerated one judge despite evidence and
let two others off with a mere slap on the wrist. The third committee is now
busy probing the involvement of judges in the Mysore sex scam.
1 Dec 2010 … (2) It
extends to the whole of India except the State of Jammu &
Kash- mir. … This is because of the still existing biases of thecourt
judges. … had his chambers ”purified” with water
from the ‘ganga jal‘ because a …
wapedia.mobi/…/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989 - Cached - Similar
wapedia.mobi/…/Scheduled_Caste_and_Scheduled_Tribe_(Prevention_of_Atrocities)_Act,_1989 - Cached - Similar
Corruption in Judiciary
The sheer number of cases pending in
the Indian judicial system (26 million at last count) says it all.
One of the most frequently used
words in India, corruption signifies a range of things. In 2005, Transparency
International and Delhi based Centre for Media Studies, a research firm,
undertook the India Corruption Study. The survey covered 14,405 respondents over
20 states and included interviews with service providers and users (of these
services). The results, published the same year said Indians pay out around Rs.
21,068 crore as bribes while availing one of 11 public services. While some of
the results of the survey were published, many of the details were not. The
study, however, remains the most recent and the most comprehensive report on
corruption in India. Apart from calculating the extent of corruption, in Rs.
crore, it explains the mechanics of it.
Over the week, Mint will present
details of the CMS study. On Monday we featured India’s public distribution
system. On Tuesday, we did the education system. Today, we look at the judicial system.
Reader’s are welcome to send in their feedback to feedback@livemint.com.
Courting Corruption
The sheer number of cases pending in
the Indian judicial system (26 million at last count) says it all. Given that,
and the number of judges across various states (per lakh of population), the
system is rife with delays and inefficiencies — ideal conditions for middlemen
to step in. In the year preceding the survey, 59% of respondents paid bribes to
lawyers, 5% to judges, and 30% to court officials.
1. Inaccesibility
The judicial system is highly
dilatory, expensive, and beyond the reach of the common man. Ordinary citizens
find it hard to seek redress, as litigation is expensive and extra money is
often required to oil the wheels of the system
2. Misuse of power
There are instances of Metropolitan
Magistrates issuing bailable arrest warrants against individuals of whose
identitites he has no idea, in return for an inducement.
Some time back, a Metropolitan
Magistrate in Ahmedabad issued bailable arrest warrants against the President
of India in return for an inducement of Rs. 40,000.
In some cases, judges offer a favour
in exchange for personal gain or favours. In Rajasthan, some time back, there
were reports of a judge who offered judicial favour in exchange for sexual
favours from a litigant. Some of these instances have been reported by the
media, but no action has resulted.
Today, under existing rules, any
person making any allegation of corruption or other things against a sitting
judge can be charged and punished for contempt of court. This is a deterrent
against more such instances coming to light.
3. A difficult impeachment
process
The Supreme Court of India has ruled
that no first information report (FIR) can be registered against a judge, nor,
a criminal investigation initiated without prior approval of the Chief Justice
of the Supreme Court. Once appointed, a judge of the High Court or Supreme
Court cannot be sacked except by a complicated impeachment process, done by
members of the Lok Sabha and the Rajya Sabha, the two houses of Indian
parliament. Their immunity is reinforced by the fact that the procedure isn’t
just cumbersome but also susceptible to political influence. In the 1990s, when
the Congress was in power, a motion seeking to impeach Justice V Ramaswami
could not be passed by parliament as Congress members of parliament abstained
from voting. There have been no other attempts at impeachment in India.
4. Slow and inefficient
Many cases drag on for years. SAn
oft cited excuse is the lack of staff, but the judicial process itself is
unnecessarily complicated and inefficient, making cases drag on for a long
time. Bribes are sometimes ought to davance the judgement or bend it. At last
count, some 26 million cases were pending in Indian courts.
Why People Pay Bribes
1. Favourable judgement
Recent media reports have shown that
it is possible to secure a favourable judegement in a lower court by bribing
the judiciary, although the situation radically improves when it comes to the
higher courts.
2. Speeding up judgement
There is a huge backlog of cases in
Indian courts which results in delayed judgements. It is quite common for a
case to drag on for years. People often have to pay bribes to speed up the
process.
3. Other activities
A llot of non case related work also
falls under the purview of the judiciary. This includes the issual of
affidavits, registrations, etc. People often pay bribes to get this work done
by a middleman.
4. Obtaining bail
The judge has a lot of discretion in
issuing bail; the guidelines governing this are fairly basic. It is possible to
secure bail by influencing the judge in some cases.
5. Manipulating witnesses
As some recent high-profile cases
have shown, witnesses are manipulated through money or force into giving
favourable testimony.
Suggested Solutions
1. Use of technology
* A review of how court records are
handled and the introduction of modern tracking methods can eliminate much of
petty corruption existing in lower courts
* Websites and CDs can explain basic
law to laymen
* Court files can be computerized
* Video recordings of cout
procedings should be maintained
2. Reduce the gap
* Provide alternative methods of
dispute redressal to lighten burden on courts
* Increase number of judicial
officers and number of fast track courts
* Create a vigilance cell for
redressal of public grievances
3. Making the judiciary accountable
* Judges must be subject to judicial
review
* Judges must follow a code of
conduct
* Bar associations must act against
corrupt members
* A public body must keep an eye on
the judicial system
* An Indian judicial service must be
created
* The proposed National Judicial
Commission should have powers to fire judges
* Judges should declare their assets
and those of their family
Anamolies in the arrest
procedure
– By Anil Nauriya
A recent case of a Gujarat
magistrate who issued arrest warrants against the President of India, the Chief
Justice of India, a Supreme Court judge and a former President of the Supreme
Court Bar Association, has evoked interest in the media. There has been public
concern essentially over the circumstances in which this order was procured and
about how the names of the dignitaries concerned were disguised by not
mentioning their designations and by seemingly spelling the names in full
rather than as they are usually written. The complainant — there is a doubt
whether the person in whose name the complaint was filed is real or virtual —
simply approached a magistrate and made an apparently fictitious claim of
having been cheated or defrauded.
The criminal justice process reached
the arrest warrant stage without anyone taking the precaution of finding out
whether there was an iota of truth in the complaint. Why did this happen in
this particular case? How could such a thing happen under criminal procedure?
The Supreme Court is seized with the first question and it is not desirable to
comment on it. But the second question can and should be discussed.
A vital point to note about the
“ordinary” criminal procedure (as distinguished from so-called special laws
like the earlier Terrorism and Disruptive Activities Prevention Act) is that it
is not in fact ordinary. As in the case of the existing Code of Criminal
Procedure, 1973, applicable in India, criminal procedure in post-colonial
societies is modelled on or is an outgrowth of colonial procedure. Many
provisions have been mechanically continued.
There are several problem areas in
criminal procedure relating to case registration, police powers of arrest in
respect of certain offences considered graver than others, magisterial powers
to direct investigation and, in given situations, issue warrants of arrest,
and, finally, in the investigation itself. These aspects of criminal procedure
lend themselves to considerable abuse by the police and the subordinate
judiciary.
The Code enables a complaint to be
made to a magistrate under Section 190 and certain other provisions in case the
police do not register an FIR on their own or after a complaint is made to
them. On being so approached, magistrates have a variety of options, superimposed
on, and sometimes even apart from the usual classification of offences on the
basis of seriousness. But broadly during the pre-trial stage there are two
magisterial approaches that may, with some risk of simplification, be called
the Red and Green Channels. The first is to insist on some elaborate evidence
or material being brought on record by the complainant before setting the law
in motion. The second is to simply take the complaint on record, ask the
complainant a question or two, and initiate the process by directing the police
to investigate and, if necessary, issuing summons or warrants as the case may
be. Complaints about cognisable (that is, cases in which the police may arrest
without warrant) and non-bailable offences often tend to go through the Green
Channel.
The difference in the two approaches
is ironical and paradoxical. Thus if a parent finds that a minor daughter has
been to enticed into a child marriage, and the police have failed to take
action against those who organised it, the complaint would generally have to
travel through the Red Channel. A child marriage is not necessarily treated as
void in personal law, but those who organise it are liable to some minor
punishments. A complainant under Section 190 of the Code read with the Child
Marriage Restraint Act of 1929 would have to produce what is known as
“pre-summoning” evidence before the magistrate. Long dates might be fixed by
the magistrate. Unless other steps are taken, the minor girl might even have
produced a child and come of age by the time summons are actually issued to the
accused persons.
The Green Channel operates differently. These cases include but are not limited to matters where the police are empowered to make arrests on their own. In a given case, the police may register an FIR and, if empowered, effect arrests on their own initiative.
The Green Channel operates differently. These cases include but are not limited to matters where the police are empowered to make arrests on their own. In a given case, the police may register an FIR and, if empowered, effect arrests on their own initiative.
On the other hand, they may choose
not to do so because of political or other pressure. They may also drag their
feet for the reason that they are aware of the false and vexatious nature of
the complaint. The complainant must then approach the magistrate concerned. At
this stage there are few strong safeguards to sieve out fabricated complaints.
In fact, if the complaint is fabricated it stands a better chance of receiving
Green Channel treatment if it alleges the commission of a serious offence,
usually referred to as “cognisable” and “non-bailable.” Odd though it may
sometimes seem, in such matters elaborate preliminary evidence is not insisted
upon as much as it is in the case of lesser offences.
The magistrates are quicker in such
cases to direct police investigation and, as the Gujarat magistrate’s case
shows, even go further and issue arrest warrants; the initial burden placed
upon the complainant by the magistrate is much lighter in such cases. Even a
mere order for investigation means, under some judicial decisions, that the
police must now necessarily register an FIR. The registration of an FIR
implies, in most such cases, arrest of the persons complained against. Since
colonial days, the police have often treated as dead letters provisions like
Section 41 of the Code which require “credible information” and “reasonable
suspicion” before the police may arrest a person without warrant. Similarly,
during investigation the police have traditionally taken little notice of the
stipulation in Section 157 of the Code that an arrest is to be made when it is
“necessary”; there is little appreciation of the fact that the test of
“necessity” is a condition precedent to arrest.
The upshot is that under the
existing Code of Criminal Procedure it is easier to obtain, with magisterial
aid, arrest of persons in a false case concerning serious-looking offences than
to obtain, in a genuine case, even a summons to the wrong-doer in what the law
treats as less serious offences. The law offers a Green Channel for the first
category and a Red Channel for the second category. There are no “remedies” to
this particular malice; much depends upon the human material in the police and
in the subordinate judiciary. But three important safeguards may be suggested.
First, if it is not a capital case involving murder or rape or a case where
there is a chance that the person against whom the charges are made would flee
the country, there is no reason why a prior inquiry cannot be made before the
criminal process is permitted to reach the stage of arrests or warrants for
arrest. Second, if the complaint is not for a capital offence an affidavit
ought to be required at an early stage from the complainant affirming the truth
of the averments made by him. In the case of capital offences, which may
involve greater urgency, such an affidavit may follow later.
Recently the Civil Procedure was
amended to require the plaintiff’s affidavit in civil suits. There is greater
reason for such affidavits to be required in respect of criminal complaints.
The penal law does provide for punishment for filing false complaints. But the
suggested affidavit requirement could help discourage false complaints at the
threshold. Third, further safeguards are required in cases of cross complaints
that is complaints made by more than one side against one another about the
same incident or group of incidents. Such situations, often generated by
business or political rivalries, are a common source of mischief. Sometimes the
police, having registered the initial FIR, do not register the counter
complaint, knowing or believing it to be false. At other times the reverse
happens. These moves are accompanied with a complex interplay of the political,
business and legal process, with unpredictable and ever-changing results. The
complaint made by one side could even be suppressed. A cross complaint may be
activated. Much depends on who was contacted by whom e.g. Politicians in New
Delhi instructing Commissioners of Police, Fascist outfits functioning under a
sham civil rights signboard in Ahmedabad. All participate in determining the
outcome of a process in which criminal procedure is reduced to naught.
It should be mandatory for a complaining party to disclose, in its own complaint before a magistrate, any prior complaints pending against it that may be connected with the same incident or party. A similar responsibility of disclosure must rest upon the police so that such cross complaints may, where appropriate and necessary, be taken up together in the criminal process. The criminal justice process must insist, to the extent this is attainable, upon truth at each stage rather than truth deferred in a bid to achieve interim and collateral objects.
It should be mandatory for a complaining party to disclose, in its own complaint before a magistrate, any prior complaints pending against it that may be connected with the same incident or party. A similar responsibility of disclosure must rest upon the police so that such cross complaints may, where appropriate and necessary, be taken up together in the criminal process. The criminal justice process must insist, to the extent this is attainable, upon truth at each stage rather than truth deferred in a bid to achieve interim and collateral objects.
Finally, closer attention is
required at the drafting stage.
When the present Code was being
drafted and the then Attorney-General appeared to give his evidence before the
Joint Committee on the Draft Bill in October 1971 the following exchange
occurred:
Chairman: Mr. Attorney General, you must have been very busy…
Witness: I have not gone into the matter in detail; I had no time.
Chairman: Mr. Attorney General, you must have been very busy…
Witness: I have not gone into the matter in detail; I had no time.
Chairman: Have you gone through the
Questionnaire?
Witness: I have read this Press Communiqué.
Witness: I have read this Press Communiqué.
Chairman: And the Bill?
Witness: No.
(Joint Committee on the Code of Criminal Procedure Bill, 1970, Evidence, Volume II, p. 178).
Witness: No.
(Joint Committee on the Code of Criminal Procedure Bill, 1970, Evidence, Volume II, p. 178).
In the wake of allegations that
former Chief Justice of India K G Balakrishnan’s relatives have amassed
property worth crores, a long-retired Supreme Court judge on Monday demanded
that the Centre initiate a probe against him.
With reports appearing in the local
media, former Supreme Court judge (retd) Justice V R Krishna Iyer on Monday led
calls for a thorough inquiry into the allegations a day after a local TV news
channel made the stunning expose.
“I myself feel sad that I was a
judge. I used to say that an era had begun when K G Balakrishnan became the
first Dalit chief justice. Now, I don’t feel that way,’’ said the former
Supreme Court judge.
He pointed out that there were
allegations against Balakrishnan’s daughter, son-in-law and even mother-in-law.
“A commission comprising chief justices should probe the assets and bank
balances of all of Balakrishnan’s relatives,’’ he said in Kochi.
A leading jurist and former Supreme
Court judge, Justice Iyer urged Parliament and the Prime Minister to appoint a
high-powered commission to inquire into the issue. “The President must require
politely Balakrishnan to resign,” Justice Iyer said of Justice Balakrishnan who
is the National Human Rights Commission Chairman.
As reported, Justice Balakrishnan’s
son-in-law P V Sreenijin, who is a member of the Kerala Pradesh Congress
Committee, had contested the 2006 Assembly election from the Narakkal reserved
constituency in Ernakulam district.
At that time, while filing his
nomination papers, Sreenijin had declared he possessed no landed property and
that his wife had only gold worth Rs 4.38 lakh and a little over Rs 1 lakh in
cash.
Three years later, Sreenijin and his
wife K B Sony, both lawyers, declared Rs 35 lakh while filing their income tax
returns. However, according to reports now, the couple, who have not declared
any sources of income other than their legal profession, own property worth
crores and are constructing a river-front resort in Thrissur.
Several of these properties are
worth many times more than the amounts for which they have been registered. The
CPM’s youth wing, the DYFI, has claimed that whatever information had come out
was only the tip of the ice-berg.
“We have more evidence to prove that
the former CJI’s relatives have property in Dubai, Bangalore and Tamil Nadu.
The needle of suspicion naturally points to Justice Balakrishnan himself,’’
said DYFI state president and MP M B Rajesh.
Sreenijin has refused to answer
questions from mediapersons saying he will react later. Justice Balakrishnan
was also recently embroiled in a controversy over a letter written by a Madras
High Court judge to him complaining against former Telecom minister A Raja
having tried to influence him over phone.
For the record, Delhi-based
journalist M Furquan in June this year petitioned Vice-President Hamid Ansari
for a CBI investigation against Balakrishnan and his family “for finding out
how much financial assets they have (allegedly) accumulated since he took over
as the CJI’’.
Ansari had passed on the complaint
to the Union Home Ministry which in turn handed it over to the CBI. The
complaint is reported to be with the CBI Kochi unit now.
YOU
TOO, YOUR HONOUR?
The retired judge picked
to probe the Karnataka land scams has a ‘tsunami of scandals’ in his past,
reports IMRAN KHAN
SOME THINGS just seem to get
worse. Under pressure to quit for alleged corruption in land allotment,
Karnataka Chief Minister BS Yeddyurappa finally constituted a one-man
commission to probe alleged land scams since 1995. Yeddyurappa chose retired
Karnataka High Court judge, Justice B Padmaraj. The opposition, which was
gunning for the chief minister, appeared satisfied and stopped its campaign.
But, Justice Padmaraj, it appears,
has something in his past that ought to have disqualified him from heading the
probe. In 2007, a Joint Legislature Committee (JLC) indicted Justice Padmaraj
and 84 other HC and Supreme Court judges for owning plots in the Karnataka
State Judicial Department Employees House Building Co-operative Society.
According to the JLC, the society had created ‘an all India record
for being the mother of all illegalities’ and was formed by ‘unleashing a
tsunami of scandals’.
Constituted in June 2006, the JLC
was headed by AT Ramaswamy and had 14 MLAs and six MLCs. It was entrusted with
the objective of investigating land encroachments in Bengaluru. The AT
Ramaswamy report found that the society had violated the Karnataka Land Reforms
Act by acquiring 36 acres of private agricultural land in Bengaluru North Taluk
without prior permission of the government.
|
The Land Reforms Act stipulates that
any such acquired land shall be forfeited after a summary inquiry by the
assistant commissioner concerned. The JLC also found that the residential
layout did not seek approval from the Bangalore Development Authority (BDA) —
the planning authority under the Karnataka Town and Country
Planning Act. Further, the report notes that “the House Building Co-operative
Society then submitted its layout to the City Municipal Council, Yelahanka,
which is not the planning authority for the society land.
The JLC also found that the layout
violated norms for the allocation of civic amenities and parks. Town planning
norms mandate 25 percent for civic amenities, while the original layout plan
envisage only 5 percent. The JLC also questioned the appropriateness of both
sitting and retired judges being allotted sites. It wrote: “The society has
allotted sites to persons who are ineligible for allotment of sites as judicial
employees. Most noteworthy of such ineligible persons are the HC judges, many
of whom have been allotted sites.”
Shocked at the extent of corruption
perpetuated by the judiciary, the JLC noted: “The society, which should have
been a model to others, has become the leading lawbreaker without fear or care
of law, property or public interest.” This is a strong indictment. So how did
Yeddy pick Padmaraj?
Ex-CJI’s wealth under
scanner
KOCHI: There is no respite for
Justice K G Balakrishnan, former CJI and present NHRC Chairman, from
controversies.
Close on the heels of the A Raja
episode, he has landed in trouble with allegations erupting over his assets. A
CBI inquiry into the amassment of wealth by him is now on the cards. The CBI is
awaiting a formal nod from the Registrar-General of the Supreme Court, which is
a legal requirement, to launch a probe into his mysterious assets.
CBI sources have confirmed the
receipt of a complaint against Balakrishnan by a Delhi-based journalist.
The journalist, in his complaint
filed before the Vice-President’s office, alleged that the former CJI had
amassed wealth disproportionate to his known sources of income.
The Vice- President’s office
forwarded the complaint to the Union Home Ministry which in turn forwarded it
to the CBI.
“We have received the complaint but
no investigation has been launched. It will be launched only after getting an
official nod. The Supreme Court Registrar-General is the competent authority to
give sanction for the probe,” said sources in the Kerala unit of the CBI.
But, it is reliably learnt that a
quick verification of assets of Justice Balakrishnan’s daughter K B Sony and
her husband P V Sreenijin indicated that everything was not hunky-dory.
Sreenijin, a KPCC member, has allegedly amassed wealth to the tune of several
crores in the past four years.
Sreenijin, who had declared only
assets worth Rs 25,000 in the affidavit filed in the 2006 Assembly polls (he
was the Congress candidate from Njarackal,) now owns several prime properties,
including a riverside plot of 2.5 acres at Annamanada in Thrissur.
He and his wife Sony have also
acquired a flat in the city, a plum office space near the High Court and 25
cents of land at Elamakkara (in the suburbs of Kochi) where the construction of
a bungalow is in progress. Both Sreenijin and Sony are practising advocates and
don’t have any other known sources of income.
The state unit of the DYFI has also
called for a detailed inquiry into the allegations and demanded the resignation
of Justice Balakrishnan as NHRC chief.
The fresh controversy will land
Justice Balakrishnan in a precarious position as he has already been under a
cloud following Supreme Court Judge H L Gokhale’s revelation regarding former
Telecom Minister A Raja’s bid to influence a Chennai High Court judge.
Five-star jails
of India
In a raid on Meerut Jail led by the
DIG of Agra Jail to recover and seize cell phones and other unauthorised and
prohibited items, there was a fight between the jail police and inmates of the
high-security prison. It left six police officials and four inmates injured.
The raiding DIG said, “It could not
have happened without the connivance of jail officials. We had special
instructions from the home department as Meerut Jail is known for its
lawlessness. But we were shocked when a thou-sand-strong mob attacked us with
sticks and stones. We were trapped and could only escape after we charged
towards the gate.”
The prisoners snatched away all the
mobile phones and contra-band recovered during the check that was ordered at
the instance of the State Government. The DIG has accused the superintendent of
Meerut Jail of “inciting the jail inmates to attack us so that we could not
find prohibited articles in the jail”.
On the other hand, the jail
superintendent has accused the DIG of demanding illegal gratification. Some
staff has been suspended. The other form of corruption reported from the Meerut
Jail included unauthorised sale of items at exorbitant prices. Cigarettes were
being sold for Rs 20 per stick. It cost Rs 500 for a meal of choice. A local
call could be made for Rs 20, an STD call cost Rs 100. The Meerut Jail, built
to house 700 inmates, now has 1,850 prisoners.
A former Uttar Pradesh Minister,
serving his sentence in Lucknow Jail for the murder of his mistress Madhumita
Shukla, freely hosted a wedding anniversary bash for a co-accused in the murder
case inside the jail premises. A sitting Minister when asked replied, “No one
is born a criminal and the Samajwadi Party believes in transformation of
criminals. You can’t stop anyone from celebrating an occasion concerning him,
his family or near and dear ones – within the premises of the jail. As per my
knowledge, there was no violation of the jail manual.”
In 2004, three accused involved in
the assassination of Punjab Chief Minister Beant Singh escaped scandalously
from the Burail Jail in Chandigarh. Inspection of the jail showed that the
high profile prisoners were not only leading a luxurious life, but they had
also enclosed their cells in a way that their activities inside could not be
kept under vigil. Once the cell was turned into a virtual fortress, the
prisoners dug a tunnel to escape.
The escape of terrorists involved in
one of the most high-profile assassinations could not have materialised simply
through a nexus between corrupt jail staffers and the prisoners. Vast sums of
money as well as a pattern of internal and external intimidation was necessary
to create the conditions for the eventual breakout and a significant network of
support was essential to make sure that the fugitives could evade the police system
once they were out.
The escape of Phoolan Devi’s killers
from high security Tihar Jail and other similar escapes of prisoners highlight
the ineptitude and complicity of jail staff. Tihar Jail is actually a complex
of seven prisons, having a capacity of 4,000 prisoners. But actually there are
more than 12,000 prisoners lodged there. Regrettably, there is no fixed rule as
to how many prisoners can be lodged in a particular jail.
The following is the existing jail
system. There are two categories of jails – district jails normally built for
400 prisoners each and central jails for 750 each. The jail staff members are
not from the police and have their own distinct hierarchy. There are different
categories of under-trial prisoners depending upon their education and social
status. Courts have directed jails to do away with the colonial, vintage
classification of under-trial prisoners into Class I, II and III, based on
their socio-economic status, but Government continues to stick to the old
practice.
Selected prisoners are used for the
internal management of jails – to make up for manpower shortage – as well as
administrative work. The convict- supervisors become a link between the
prisoners and jail officials. They are given an incentive for their work. Any wrong
placement or selection can lead to the escape of prisoners or other crimes
going unchecked inside the jails.
The Indira Gandhi Government had set
up a high-powered panel in 1980 to propose prison reforms. The apparent cause
was Mrs Gandhi’s first-hand experience of the conditions in Tihar where she was
lodged in 1978. Mrs Gandhi appointed the Justice AN Mulla Committee to review
the national jail system even though jail is a State Government subject.
The Mulla Committee, 1983,
recommended that the Constitution be amended to shift the subject of prisons
from the State List to the Concurrent List. That never happened. The Centre at
present has no say in the matter of jails except when they are
in Union Territories where, again, jails are far from being models.
The result is that jails continue to be governed by an outdated law enacted by
the British in 1894. The position is that the jail conditions vary greatly from
one State to another or even from prison to prison. There is no national policy
on prisons.
A sensible recommendation of the
Mulla Committee was to classify prisons into special security, maximum, medium
and minimum security prisons. Such a classification can serve as a safeguard
against jailbreaks and jail riots.
Much before sting operations became
a norm with the media, a hard-hitting report had shown that in the Tihar Jail,
officials mixed with notorious inmates like Charles Sobraj who ran an extensive
drug and liquor racket with impunity. This led to a secret visit of the then
Home Minister Giani Zail Singh to Tihar Jail. He was stunned to see a drunken
prisoner offering him a bottle of liquor. A mortified Government finally
suspended two jail officials.
Criminalisation of politics has
produced a strange phenomenon. Criminals have contested elections from behind
the bars and some of them have won. Given such topsy-turvy world of politics,
prison officials are often either unmindful of the crimes being committed
regularly inside the prisons, or sometimes they are the ones to provide
prisoners with mobile phones, drugs and food. These jail staffers also organise
kavi sammelans and mushairas and help prisoners run extortion rackets and
criminal gangs from inside the jails. A prison for some prisoners has become a
home away from home.
The next issue is that of
under-trials. According to the statistics compiled by the Custodial Justice
Cell of the National Human Rights Commission, 225,817 of 304,893 or 74.06 per
cent of the total prison population in the country comprises those awaiting trial.
The total jail capacity in India is 232,412 prisoners, which makes
the total prison population 31 per cent higher than capacity, clearly
emphasising the urgent need for a speedier justice mechanism.
Only when politicians go to jail do
they talk about reforming the jail system. They forget the issue the moment
they are out. We must be clear as to what kind of confinement or jail system we
want. The time to make a beginning is now before things get worse. There must
be a Central law to be followed as a model by all States.
No restrictions
at Arthur Road jail, gangsters take leave at will
Pune: A highly confidential
inquiry report by the Maharashtra prison department has revealed that several
key undertrials, including Mohammad Dossa, underworld don-turned-politician
Arun Gawli and DK Rao (the right-hand man of fugitive gangster Chhota Rajan),
among others, freely availed of “leave” out of the Arthur Road jail in Mumbai
over the last three years.
The jail authorities neither
reported the leave granted to these high-profile undertrials to senior prison
authorities, nor did they raise objections to the leave applications in court.
A senior prison officer told DNA
that the inquiry report has been sent to the state home department for action
as it has exposed corrupt practices at the jail.
Ironically, officials of the state
prison department have none other than 26/11 accused Mohammed Ajmal Amir aka
Kasab to thank for the revelation of this nexus between the prison authorities
and the undertrials.
Sources told DNA that when the
undertrials, including Rao and Gawli, were shifted to Taloja in Navi Mumbai,
they started demanding similar treatment at the new jail premises. They were
shifted to Taloja so that maximum protection could be provided to Kasab, who
was to be lodged at the Arthur Road jail.
“The undertrials continued to demand
leave at Taloja as they had at Arthur Road,” said an official, adding that the
authorities at Taloja then reported the matter to senior prison authorities in
Pune and Mumbai.
Former superintendent of Arthur Road
jail Swati Sathe, who is currently posted in Nashik, said she was unaware of
any inquiry.
It was during Sathe’s tenure that
the “influential undertrials” availed of leave.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The inquiry revealed that leave extended from a few hours to even a couple of days.
It also found that this practice had been going on at the jail for nearly three years.
The authorities did not deny leave
to around 45 gangsters, most of whom are booked under the stringent Maharashtra
Control of Organised Crime Act, 1999. One undertrial gangster was found to have
“gone on leave” on 35 occasions, the report said.
The Maharashtra Prisons Manual has
no provision to grant leave to undertrials, as is allowed in the case of
convicts lodged in jails. It is customary for an undertrial to obtain
permission from a court in order to avail leave.
The inquiry revealed that none of
the 45 undertrials sent their applications via the jail officials. They were
directly sent to court.
Significantly, the authorities at
Arthur Road jail failed to appeal against this.
The jail authorities also failed to
report the leave taken by the under-trials to the state government, which
generally alerts the police machinery to keep a close watch on the activities
of the suspects.
State prisons chief,
inspector-general of police Uddhav Kamble confirmed to DNA the commissioning of
the inquiry, but refused to elaborate. A senior official of the prison
department confirmed the developments as well.
Another senior jail official
explained that leave is only granted to an under-trial by the court for
emergency situations, like the demise or serious health condition of the
next-of-kin, besides attending the marriage of his/her children.
Leave can also be availed for
emergency medical treatment at the private hospitals, but only under the
supervision of the jail authorities. However the under-trials went on leave to
attend marriages and death of distant relatives, other minor health issues of
family members and even their companions.
Kamble sought a detailed record from
the deputy inspector general of police (prisons), Mumbai, of all the leave
awarded by the courts. The DIG, Mumbai conducted an inquiry and found the
involvement of Arthur Road Jail officials. Another inquiry was commissioned to
verify the findings of the DIG’s report.
In Pune, 22 inmates have been
missing from the Yerawada Central Prison after they were granted parole or
furlough in the past 30 years.
Mumbai-based gangster Vijay Thopte
who was accused in the murder of union leader Datta Samant and Arun Gawli gang
member Eknath Arjun Mohite of Bhosari are among those missing from the Yerawada
jail. While Thopte has been missing after he was granted parole a year ago,
Mohite, who has several cases registered against him with the Pune city and
rural police units, has been missing for more than a year now.
Might
Not Have Recommended Parole For Manu: Pilot
Disapproving the grant of parole to
Jessica Lall murder convict Manu Sharma, who also happens to be the son of an
influential Haryana Congress leader, Congress leader Sachin Pilot has said that
he might not have recommended parole to the lifer had he been the chief
minister of Delhi.
“I personally believe that perhaps
more diligence should have been made before issuing these orders. The fact that
he has already gone back (to jail) does not make a difference now,” Pilot said
while participating in a TV programme.
Asked whether it was a mistake for
the Delhi government to have recommended parole for Sharma, Pilot said, “Well I
am not Delhi chief minister. From whatever I know of the case, if I was the
chief minister I would probably not have given the parole”.
Sharma was granted parole after
chief minister Sheila Dikshit recommended it. Sharma, who had applied for the
parole on the ground of performing religious rites for his grandmother (who
died in 2008), attending to his ailing — later modified to ‘ageing’ — mother,
and business matters, in Chandigarh.
Significantly, the Delhi Police has
gone on record to say that it had opposed the grant of parole. It has been
reported that the Delhi government has so far received 132 parole applications
this year out of which as many as 88 are still pending, 33 were rejected
and 11 applicants were granted parole.
Dikshit had so far been under fire
for justifying her decision, saying that it was within the “legal purview” only
from the opposition BJP and legal luminaries, who had so far been protesting
that it was a blatant case of partisanship. Not only was Manu Sharma granted
parole on flimsy grounds, and his parole extended by another month on the
recommendation by Dikshit, he clearly violated the parole conditions as well.
Opposition BJP points out that Manu
Sharma’s father Venod Sharma, who is an influential Congress leader in Haryana,
played a major role in ensuring that the Congress government in Haryana could
be sworn. He is believed to have been instrumental in getting the support of
not only the seven independents but also the defectors from Haryana Janhit
Congress which now only has Kuldeep Bishnoi left because as many as five of his
MLAs joined Congress on Monday.
Sachin Pilot is the first Congress
leader who has gone on record to even mildly express disagreement over the
issue.
Nobody
would have known
What is even more significant is that
the news of Jessica Lal murder convict — who is serving a life sentence for
having shot dead the Delhi model on April 29, 1999 at the Tamarind Court Bar —
being out on parole came to public notice only because he was yet again
involved in a brawl in a nightclub.
Observers point out that the brawl
on the night of November 6 at F bar in New Delhi’s Ashoka hotel that Manu
Sharma and Sahil Dhingra got involved with Pranay Dadwal and his female friend
may even have gone unreported or been hushed up had Delhi police commissioner’s
own son not been involved in the case.
The argument turned ugly and Pranay
Dadwal informed his father, who happens to be none other than Delhi Police
Commissioner Y.S. Dadwal.
It was because of this that a
jeepload of cops landed up at the bar.
By then Manu Sharma and his friends
had left F bar and moved to the exclusive LAP bar in the adjacent Samrat hotel,
which is owned by Mumbai film actor and model Arjun Rampal.
By the time the police reached LAP,
Manu had escaped. The police picked up Dhingra, and it was only on going
through the CCTV video coverage that it could be confirmed that the person
accompanying Dhingra was none other than the high profile Manu Sharma who, most
people assumed, should have been in jail.
It was only then that it came to
light that he had not only been granted parole, it had even been extended,
while he had been out there partying at various nightclubs and bars, not only
in Chandigarh, where he was supposed to be for the period of his parole, but
also in Delhi.
Observers also point out how thee is
nothing new in the subversion of justice in Manu Sharma’s case, as the powers
that be had almost ensured his acquittal in the Jessica Lal murder case, which
got re-opened because of an unprecedented media and public campaign.
CAN
JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? – WHY NOT PRISON
SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?
New Delhi, August 21 The Delhi
High Court imposed a four-month ban on senior advocate R K Anand and colleague
I U Khan on Thursday for interfering with judicial proceedings in the
high-profile BMW hit-and- run case. A fine of Rs 2,000 was levied as well.
On May 30, 2007, television channel
NDTV caught both lawyers in a “sting” operation, conniving with key
prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off
the hook.
A High Court Bench comprising
Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal
contempt.
“The entire material leaves a bitter
taste in the mouth about the goings-on in the BMW case. There is no manner of
doubt whatsoever that there was complicity between Mr Khan and Mr Anand… There
can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the
other, more than mixed up in the BMW case,” observed the court, which had taken
suo motu cognizance of the expose the day after it was aired.
“Mr Anand and Mr Khan are prohibited
from appearing in this court (Delhi High Court) or courts subordinate to it for
four months from today. However, they are free to discharge their professional
duties in terms of consultation, advice, conferences, opinions, etc,” said the
Bench.
The court desisted from commenting
on the conduct of Kulkarni, saying it would not be “proper” to do so. Though
the verdict comes solely on basis of the CDs and transcripts of the sting
operation, the Bench said, “the unshakeable truth is that Mr Anand is guilty of
criminal contempt of court”. Contemplating a fit punishment, the Bench wondered
how many in the legal fraternity had had been taken by surprise to find Anand
indulging in such “sharp practices”. “Mr Anand has held many prestigious
elective positions in the legal fraternity, including the Bar Council of Delhi.
He has also been a Member of the Rajya Sabha,” noted the Bench.
The court said it knew Khan for his
legal acumen and forensic skills — “perhaps the reason why he was appointed
Special Public Prosecutor in the BMW case”. High expectations over Khan fell
apart when his conduct “betrayed the trust that prosecution reposed in him…
what he did was perhaps beyond the realm of contemplation of the prosecuting
agency”.
Chastising the two for their
misconduct, the Bench said: “We are not dealing with a young lawyer who, driven
by ambition and desire… transgresses the limits or unwittingly or unknowingly
commits criminal contempt. We are dealing with senior advocates, who are
expected to conduct themselves as gentlemen and role models for younger members
of the Bar.”
The court forwarded a recommendation
that the two be “stripped of their designations as senior advocates”. The High
Court Registrar General will put up the court’s recommendation before Chief
Justice AP Shah within a month.
In response to the verdict, the
Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000
lawyers from district courts were going on strike on August 22 in protest.
R K Anand
Began legal career in Delhi’s Tis
Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976.
In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC
observer for Assembly polls in Himachal Pradesh in February 2003.
High-profile cases:
* In 1980, represented the late
Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay
Gandhi’s death
* Narasimha Rao in the JMM bribery
and the St Kitts case
* Chandraswami in the FERA violation
case
* H K L Bhagat in the 1984 anti-Sikh
riots case
* Former external affairs minister
Natwar Singh’s son Jagat Singh in the murder/suicide of his wife Natasha Singh
I U Khan
One of the top five criminal lawyers
in Capital. He was charging a fee of only Re 1 in the BMW case. Began his
career in late 1960s, and came into spotlight in 1980s.
* Defended Sushil Sharma in the
tandoor murder case, Subash Gupta in the Personal Point triple murder, former
Youth Congress President Romesh Sharma in several cases and Tony Gill in
Jessica Lall murdercase
When prosecution & defence
lawyer together team up along with corrupt police / public servants and
manipulate evidences / records , the court is helpless and will acquit the
accussed for lack of evidences eventhough the presiding judge is of impeccable
integrity , honesty , he is help less. Add to this , if the presiding judge
happens to be corrupt & teams up with the criminal nexus , the result is
devastating , the rich criminal will get away & the innocent will suffer
punishment in some cases even death sentence. Who will bell these few corrupt
among the judiciary , bar , police & public service ? why not prison
sentence for two leading advocates on criminal charges of contempt of court ,
destruction of evidences ? are they above law ? why favouritism by court to the
guilty in awarding punishment to guilty two advocates as they happen to be
political influential ? will the court let a common man so leniently for the
same charges ? In the past cases dealt by these corrupt duo advocates , there
are possibilities that the same tactics of manipulation of evidences ,
prosecution is done to win the cases , to free the rich criminals , why not
review of the cases dealt by these corrupt advocates ? The honest few
among judiciary , bar , police & public service must uphold our
constitution , rule of law & bring to book their corrupt colleagues.
CASH
FOR JUDGEMENT
Chandigarh, August 22: Punjab and
Haryana High Court Judge Nirmal Yadav who has gone on leave after her name is
said to have figured in the statements of the main accused in the case
involving the delivery of cash at another High Court Judge’s house, said today
that she was a “victim of a vilification campaign.” Speaking to The Indian
Express at her Sector 24 residence here today, Justice Yadav said that “some
influential persons were trying to shift the focus on her to save the real
accused.” Justice Yadav denied that former Haryana Additional Advocate General
Sanjeev Bansal had talked to her on phone on August 13 when Bansal’s clerk
“mistakenly” delivered a bag containing Rs 15 lakh to the residence of Justice
Nirmaljit Kaur, another sitting Judge of the High Court.
“Let any agency prove that I talked
to Sanjeev Bansal on phone either on that day or any day in the past one
month,” Justice Yadav said. “I am ready to face all consequences if this allegation
is found true. I have had no dealings with Bansal. I have not received any
money from Bansal or any of his associates. I am sure I will get justice.”
Justice Yadav said she had explained her position to High Court Chief Justice T
S Thakur and had “proceeded on leave.” She said she would not hear any case
until her name is cleared.
Sources close to her said that
during her meeting with Justice Thakur yesterday evening, in which some other
senior judges were also present, Justice Yadav offered to proceed on leave to
“maintain the highest traditions of Indian judiciary.” Justice Thakur told The
Indian Express that he had not asked Justice Yadav to proceed on leave and that
it was her own decision. It is learnt that in her meeting with Justice Thakur,
Yadav vehemently denied any role in the entire role. While acknowledging that
she and some other members of her family had bought a plot of 11.1 bighas of
land (see accompanying story) at village Rihun Pargana near Kumharhatti in
Solan district of Himachal Pradesh on August 14, Yadav is learnt to have denied
that the money for purchasing the land came from Bansal or Ravinder Singh, the
Delhi businessman, who is also named in the case.
“Can’t a judge buy legal property?
Let the police or any other investigating agency prove that the money for the
deal was provided by Bansal or Singh,” she is learnt to have told the Chief
Justice. But she is learnt to have acknowledged, in her meeting with the Chief
Justcie, that she knew Ravinder Singh. She is learnt to have said that she came
to know him through some other judges.
Meanwhile, highly placed sources in
the High Court confirmed that Chief Justice Thakur is awaiting the return of
Chief Justice of India KG Balakrishnan from Brazil to apprise him of the
developments in the case. The Chief Justice is learnt to have asked the
administrative committee, comprising senior judges, to monitor the case on a
daily basis.
The Rs 15-lakh delivery: Story So
Far
•August 13: Parkash Ram, an
assistant to Haryana’s Additional Advocate General Sanjeev Bansal, delivers a
parcel containing Rs 15 lakh at the residence of Justice Nirmaljit Kaur of the
Punjab and Haryana High Court. Justice Kaur calls the police.
•Rajeev Gupta, Bansal’s friend and a
property dealer, tells the police that the money reached there by mistake and
it was meant for Nirmal Singh, another property dealer. Chandigarh Police
decline to hand over the cash. Bansal is questioned
•August 16: A case is registered
against Bansal, Parkash Ram and Delhi- based hotelier Ravinder Singh who
allegedly organised the money
•Bansal resigns as Addl AG and
surrenders on August 19
•August 21: Rajeev Gupta, the
property dealer who claimed the money was meant for Nirmal Singh, is arrested.
The Inspector General of Police sends a report to the Chief Justice of Punjab
and Haryana High Court. The report says that the money was meant for another
judge.
•August 22: Justice Nirmal Yadav
proceeds on leave
Caught
in controversy is Solan plot that judge, 16 others purchased
CHANDIGARH, SOLAN, August 22: On
August 14, according to revenue records, a plot measuring 11.1 bighas in Solan
was purchased by Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of
the transaction, obtained by The Indian Express, show that the land was
purchased by her and 16 others from six persons, all residents of village Rihun
Pargana, near Kumharhatti in the Solan district of Himachal Pradesh.
This purchase is said to have
figured in the meeting between Justice Yadav and the High Court Chief Justice
yesterday. Justice Yadav is said to have told the Chief Justice: “Can’t a judge
buy legal property? Let the police or any other investigating agency prove that
the money for the deal was provided by (Sanjeev) Bansal or Ravinder Singh.” The
purchasers and sellers obtained permission from the Himachal Pradesh Government
under Section 118 of the Himachal Pradesh Tenancy Act. Solan Naib Tehsildar N S
Chauhan has confirmed on record that that the deal had been registered as per
the details we have. The land was sold by residents of village including
Baldev; Narinder Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar
Singh. The sellers have given a General Power of Attorney to Surinder Kumar
(one of the partners among the sellers), who executed a sale agreement in
favour of the buyers.
Those named as purchasers (partners)
in the land deal include Suruchi, a resident of House no. 3, Sector 14,
Gurgaon; Trisha Chaudhary; Ram Niwas; Rajender Yadav; Chiranjeev; Latika;
Deepak; Sunita; Vivek; Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh
Yadav; Ajay Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector
11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav.
Three
booked in judge bribery case
Haryana Addl Advocate General among
booked Chandigarh, August 16: Three persons, including Additional Advocate
General of Haryana Sanjeev Bansal, were on Saturday booked for an attempt to
bribe a Punjab and Haryana High Court Judge. The other two are Bansal’s munshi
Parkash, who had carried Rs 15 lakh to the residence of High Court judge
Nirmaljit Kaur on Wednesday night, and Ravinder Singh, a Delhi-based
businessman who has a hotel in Karol Bagh. The munshi was taken into custody
while a police party has been despatched to Delhi to nab Singh. Assistant
Superintendent of Police Madhur Verma said the amount was supposed to be handed
over to some other public servant but was mistakenly delivered at Kaur’s house.
An FIR was lodged after Kaur complained to the police. She also reported the
matter to the Chief Justice. Police said Singh had allegedly paid Bansal a huge
amount to get settled a criminal case pending in the High Court. The case is
due to come up for hearing on Wednesday.
Earlier, Singh had claimed the
amount was pertaining to a property deal he had struck with a resident of
Panchkula. The money was supposed to be delivered to one Nirmal Singh and was
mistakenly delivered at the judge’s house. Verma, however, said the preliminary
investigation had ruled out the possibility of the amount being related to any
property deal. “Bansal failed to give a detailed account of the cash. He
produced some papers pertaining to some property in Panchkula but that did not
carry any weight. Our investigations caught him on the wrong foot and,
therefore, we booked him along with two others under the Prevention of
Corruption Act and criminal conspiracy,” he added. Bansal has been handling
several high-profile cases. He is one of the dozen-odd Additional Advocate
Generals appointed by the Haryana Government about two years ago.
Corrupt
judge in Allahabad High Court by Rajeev
If the Judges go corrupt, then it is
GOD who will give one justice when one go to heaven or hell. It is a Irony that
I filed a complaint against a District and Session Judge who later promoted to
High Court of Allahabad. I wish the God will serve HIS justice to Hon’ble
Justice Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice
at Rs 100000 per page!! Here I am elaborating what had happened. In 1994, two
people name Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father’s
property and in March 1994 they beat him and pulled his legs( just imagine the
pain) making him handicapped for life. Then in court those guys were merely
sentenced for 6 months in Jail, but they did not went for the jail for single
day or hour and appealed to Sessions Court and then the corrupt Judge Umeshwar
Pandey took the bribe of Rs 200000 in Criminal Revision number 13/2000 from
Parashram Agarwal and Mohan Lal.
It is a shame on Umeshwar Pandey
that he cannot see a Handicapped man suffering for last 9 years and even then
not given the justice. Umeshwar Pandey has taken this bribe via his Steno
name some G. D. Gupta. It is the habit of Parashram and MohanLal to record the
conversation while giving bribes on hidden audio recorder and the same cassette
can be recovered if the authority try. It is been 8 months since I have
informed various authorities by registered letters and phone calls from USA for
no action till date.
I have spoken to Mr Jagmohan Paliwal
who was posted as Vigilance Officer for no action till date and the recording
attached is from Sept 2002. Similarly I have spoken with Mr. K. S. Rakhra
who was posted as Registrar General but no action till date, and the recoding
shown is from Sept 2002 too. Even CBI has forwarded my letter to Registrar
General, but no action is taken on that one too.
I have emaild my plea to few High
court Judges too for no response. I just hope GOD is there who will give some
justice. But the corrupt Judges should stop imitating as GOD they are devil
actually. The only solution can be people make a limit. How much money a person
needs. I often think about a story that a saint refused to take the food as he
already got the food for today and he do not want to collect for tomorrow. But
I don’t know why people want to generate money for 7 generations. If a careful
analysis and investigation is done Umeshwar Pamdey has Black money worth 3
generations. I guess instead of Lakhs and Carore now corruption should be
measured in generations.
Education is important. People need
to understand the meaning of freedom truly. IF I say boldly India is still not
free. People have mentality that they need to pay to Government officials for
work. This mentality has to be removed.
Thanks
Rajeev
HC
suspends judge over corruption complaints
AHMEDABAD: The Gujarat High Court
has suspended a fast track court judge in Rajpipla after receiving several
complaints of corruption and favouritism against her. Rajpipla fast track court
Judge DL Desai was suspended on Thursday evening after a primary inquiry held
by the court’s vigilance department said that the complaints against her had substance.
Further inquiry against her will be conducted by the department. Besides the
complaint of favouritism in Rajpipla, where she was presently posted, the Desai
was also accused of similar charges and issuing certificates without proper
verification in Bharuch, where the she was discharging her duty as a principal
district judge, the High Court authorities said.
The HC administration seems to be
seriously taking the issue of corruption prevailing in Gujarat’s judiciary, as
Desai’s is the fourth suspension in last three months. Earlier in May, a judge
in Surat’s court, AN Vinjhola was suspended after similar complaints against
him. The court administration also found him in possession of property out of
proportion considering his known sources of income. Last month, two judges were
suspended on charges of corruption. The Ahmedabad city civil Judge NM Thakor
and KV Kakkad were also suspended by the HC after holding preliminary inquiry
into complaints against them. All the four suspended judges are now facing
departmental inquiry.
FOREIGN
TOURS OF INDIAN JUDGES AT TAXPAYER’S EXPENSE
New Delhi: CNN-IBN’s exclusive
report on some judges using official trips to holiday, has sparked off the
debate – should judges be above the purview of the Right to Information (RTI)
Act? RTI activists say there is every reason why the RTI Act should apply to
the higher judiciary as well. Questions are now being asked in South Block,
too, following the expose on Supreme Court judges. Records obtained under the
RTI shows judges have been converting work trips to holidays, taking long
detours and are accompanied by their wives while traveling abroad.
At present there are no travel
guidelines for the judiciary and the Bar Council of India is suggesting a
course correction. “I think the judges must pay or should pay the amount to the
government,” Bar Council of India Chairman SNP Sinha said in Patna on
Wednesday.
Under the RTI, CNN-IBN found that
for Chief Justice KG Balakrishnan’s 11-day trip to Pretoria, South Africa in
August 2007 the route was – Delhi, Dubai, Johannesburg, Nelspruit, Capetown,
Johannesburg, Victoria Falls, where the judge finally didn’t go and back to
Delhi via Dubai.
Former chief justice YK Sabharwal
attended three conferences in 2005 to Edinburgh, Washington and Paris. While
the conferences lasted 11 days, Sabharwal was out for 38 days with 21 days
converted into a private visit. The travel plan included a detour from
Washington to Baltimore, Orlando and Atlanta, before rejoining the conference
route in Paris. The First Class air fare for Sabharwal’s entire trip was paid
by the government. Activists are now renewing the debate on the RTI act
applying to judges as well
RTI activist Arvind Kejriwal said:
“It only underscores why the RTI needs to be applied to judges and judiciary.”
Just like Caesar’s wife should be above suspicion, RTI activists are demanding
that SC judges too should be seen to be accountable.
RTI
QUESTIONS CHIEF JUSTICE OF INDIA , UNION HOME MINISTER ,
LOKSABHA SPEAKER , Dy Chairman of rajyasabha , PRESIDENT OF INDIA ,
GOVERNOR OF KARNATAKA , CHIEF MINISTER OF KARNATAKA & DIRECTOR
GENERAL OF KARNATAKA POLICE ARE AFRAID TO ANSWER & Covering-Up
Information leading to CRIMES
APPLICATION FOR INFORMATION AS PER
RTI ACT 2005
(
SEE RULE 22 OF RTI ACT 2005 ) OF GOI
FULL NAME OF THE APPLICANT :
NAGARAJ.M.R.
ADDRESS OF THE APPLICANT :
NAGARAJ.M.R.,
EDITOR , SOS E-VOICE JUSTICE
& SOS E-CLARION OF DALIT ,
# LIG-2 / 761, OPP WATER WORKS
OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA PIN
– 570017.
DETAILS OF DOCUMENTS / WRITTEN
STATEMENTS / INFORMATION REQUIRED :
HEREBY , I DO HUMBLY REQUEST YOU TO
GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN
ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING
NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND ,
LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING
PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR
JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH ,
INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING
& ABETTING TERRORISM , UNDERWORLD & CRIMINALS
Hereby , we do
request PIO O/O Honourable Chief Justice of India , PIO , O/O
H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO
O/O Dy Chairman of Rajya Sabha , PIOs of Karnataka Raj Bhawan , Karnataka
CMO , Union Home Ministry GOI and DG & IG of Police of
Government of Karnataka to answer the following questions in public interest ,
for safeguarding national security , National unity & integrity &
to legally apprehend anti-nationals , criminals within the judiciary &
police.
Main A :
At the outset , we express our whole
hearted respects to all constitutional institutions & to the honest
few in public service. Contempt of constitutional institutions , citizens of
India is being made by the corrupt persons in constitutional positions
themselves. This is an appeal to the honest few in public service ,
constitutional positions , to bring their corrupt colleagues to book.
1.
does the action of MPs , MLAs taking money / receiving favors from vested
interests , to formulate policy decisions , to raise questions in parliament /
legislative bodies or to abstain from voting legal ?
2.
why transparent , fair investigation is not done in such cases ?
3.
just remember , the vulgar acts of Mr.Bora Babu Singh in state
legislature & how some MLAs vulgarly behaved with
Ms.Jayalalita in state legislature , years ago. Are these type of vulgar
actions by MPs & MLAs legal ? does not these constitute contempt of
the house by MPs & MLAs themselves ?
4.
all the people’s representatives from panchayath member to president of India
must read ABCD Of Democracy provide along with.since independence
of India till date , MPs & MLAs are forcing projects on people against the
wishes of people , formulating policies against the wishes of people. Are not
such projects , government policies & Laws , undemocratic & illegal ?
5.
is the election commission of India verifying the authenticity of affidavits
submitted by electoral candidates ?
6.
how many candidates have been caught so far for giving false affidavits ? are
all the violators prosecuted?
7.
are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance
authorities ? defaulters , violators how many ?
8.
what legal action taken against violators , defaulters , for giving false
affidavits ?
9.
who is checking the authenticity of those affidavits submitted by MPs , MLAs ?
10.
the agricultural incomes of some MPs , MLAs , their kih & kin raises even
during the time of severe drought , floods , fall in prices of agricultural
products , their companies register increase in turnover / profits even during
recession , the trusts / NGOs set up by them receive huge donations. Are all
these income legal ?
Main B :
1.
we do once again offer our conditional services to the government of
india , all state governments & supreme court of india , in
apprehending tax evaders , land grabbers , corrupt police , corrupt
judges , corrupt public servants , labor law violators , etc. whom the
the government officials , vigilance authorities have failed to apprehend. Why
the authorities , courts , supreme court of India , are not ready to
utilize our service ? are they afraid of being caught ?
2.
the public servants , courts theselves are delaying giving information /
records to us in many cases. So in the issues / cases raised by us , the clause
of time bar doe not apply. Are these delaying tactics of public servants ,
courts legal ?
3.
why no proper , timely action was not taken based on numerous police complaints
made by us ?
4.
why DG & IGP , Government of Karnataka , has not made any efforts to seek
legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from
union & state home ministries ?
5.
the criminal nexus is trying to silence me in many ways , but the supreme court
of India & national human rights commission has failed to undo
the injustices , why ? is it because it is not a high profile case ? is
it because it is not hi-fi , does not get image ratings , TRPs ?
6.
the public servants are aiding underworld , naxalites & terrorists , by
their delaying tactics & denial of information , records. What action has
been taken against such anti-national elements in public service ?
7.
how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore
(editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka
police , to national human rights commission to supreme court of India
till date ? what action taken with respect to each complaint ?
8.
the delay in taking action by public servants with respect to following
cases has resulted in more crimes , destruction / manipulation of
evidences , records and more injustices to commonman. Why the authorities
did not take timely action against criminals in following cases ?
SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-…
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html ,
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…
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
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
HONOR OF INDIAN PALIAMENT FOR SALE
Persecuted IROM SHARMILA of
Puttaparthi AP – pushpa kolasani on hunger strike in anantapur
district jail Andhra Pradesh
9.
how many judges are caught by authorities for doing improper , immoral &
illegal acts , since independence till date ? what action taken in each case ?
10.
what action taken against copy cat judges caught red handed while copying in
public examination in Andhra Pradesh ?
11.
have you reviewed all the previous judicial decisions taken by such
judges of doubtful integrity & honesty ?
12.
is it not the duty of government & supreme court of India , to
protect the fundamental rights & human rights of all Indian citizens
?
13.
why the government & supreme court of India has failed to protect the
fundamental rights & human rights of me & those mentioned
in my complaint ?
14.
how many former CJIs , supreme court & high court judges have
disproportionate wealth ?
15.
Your denial of information to my previous RTI requests amounts to
suppression of evidence , hiding crimes , what action against erring public
servants ?
16.
why my previous RTI requests or part there of was not transferred to
appropriate authorities and information given to me in a consolidated form ?
Main C :
Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?
Q2. Why not death sentence to
corrupt police who apply 3rd degree torture on prisoners ?
Q3. Why not death sentence to
corrupt police , who connive with criminals & backstabs our motherland ,
it’s national security ?
Q4. Don’t the police have suo-motto
powers to take action in the interest of public welfare , law & order ?
Q5. Daily we see numerous reports of
misdeeds by police , public servants , industrialists , etc in the media . Then
why not police taking any action with respect to them ?
Q6. nowadays we see numerous reports
of scams , scandals by constitutional functionaries , public servants in the
media. Instead of wasting money , killing time by prolonging formation of
parliamentary committees , judicial commissions , why not subject those
accussed public servants to narco analysis , lie deector test , etc to
ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?
Q143. What are the privileges
conferred on legislators & parliamentarians by the constitution of India?
a) Inside the House b) Outside the
House
Q144. What are privileges conferred
on constitutional functionaries, like
a) President of India b) Prime
Minister of India
c) Chief Justice of India d)
Chairman of NHRC
e) Central Vigilance Commissioners.
Q145. Are the privileges legal
immunity conferred on above mentioned constitutional functionaries ?
a) Cover all their official actions
irrespective of merit.
b) Cover both their official &
personal actions.
Q146. Are the privileges defined
& codified ?
Q147. Are these privileges above
freedom of the press ?
Q148. Are the liberty &
fundamental rights of the citizens guaranteed by the constitution, above the
privileges of the constitutional functionaries or equal or below ?
Q149. Can the Indian legislatures
& parliament be equated to the House of commons in England which is
considered to be a superior court and court of records ?
Q150. Can the division of powers,
namely the legislature, the executive and the Judiciary, be equated to the
functioning of the House of commons and House of Lords in England ?
Q151. Can a citizen be said to have
committed breach of privilege of the House or court and causing contempt of the
house or court by raising the issues of accountability of constitutional
functionaries ?
Q152. Can a Legislature or
Parliament enact a new law, to circumvent or to nullify the Judicial orders
with respect to wrongdoings by peoples representatives & executive ? does
not it amount to infringement of Judicial powers & contempt of the court by
the House.
Q153. Are the FUNDAMENTAL DUTIES of
a citizen more important than constitutional duties of a constitutional
functionary or equal in importance to it ?
Q154. Can a constitutional
functionary commit crimes, anti-national activities in the name of
constitutional duties, behind the legal veil of official’s secret act & go
unaccountable for his actions and go unpunished by his legal immunity
privileges
Q155. Are the Legislators members of
parliament, High court & Supreme court Judges and other constitutional
functionaries not willing to codify their privileges for the reason that if
codified their privileges would be curtailed and their action would be
subjected to legal scrutiny. ?
Q156. By votes of citizens
Legislators and parliamentarians get seats in the legislature and Parliament
out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious
lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat
of legislator or parliamentarian is above or more valid in a democracy ?
Q157. Judges & Constitutional
functionaries are indirectly appointed by voters / tax payers. Out of tax
payers money, they get their pay, perks & lead 5-star luxurious lifestyles.
Hence, whether the vote of a citizen, fundamental duties of a tax payer is
above (more valid) or a seat of judge / constitutional functionary is above
(more
valid) in a democracy ?
valid) in a democracy ?
Q158. If there is a vacuum in the
Legislature or parliament, who is to fill up that vacuum till such time that
the legislature or parliament acts provide a solution by performing its role by
enacting proper legislation to cover the field (vacuum) ?
Q159. While it is an unhealthy
practice for a Judge to claim to be a Judge in his own cause, is it not worse
for the members of the legislature and parliament to be judges in their own
cause ?
Q160. Are the Technicalities of the
case more important to a judge or Justice to a citizen, protection of
fundamental rights of citizen.?
Q161. Why not the constitutional
functionaries initiate suo moto action with respect to numerous cases of
injustices reported in Media ?
Q162. Why not the Judges admit
various cases of Injustices affecting public, as the Public Interest
Litigation” ? In some cases, the Public or the person representing them is
unable to afford the high cost of the case. Why not free legal aid is given ?.
Q163. What is the criteria for
admitting a P.I.L. & giving free legal aid ?
Q164. Communication – free flow of
information is the lifeline of a democracy. Why the constitutional
functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?
Q 172 . What action has been
taken in bhopal gas leak case against the guilty police officials who changed
the charge sheet against union carbide officials ?
Q 173 . What action has been taken
against guilty police officials , district magistrate , state ministers &
central ministers who fully aided the criminals – Union Carbide official
Mr. Anderson to escape law , to jump bail & flee the country without
court’s permission ?
Q 174 . What action has been taken
against the above said guilty with respect to their contempt of court
& for aiding a criminal to escape ?
Q 175. What action has been taken
against the chief justice of India , who changed the legal clause under which
the guilty should be tried ? what action has been taken against the CJI
who became an official of the trust belonging to the criminal ?
Q 176 . What action has been taken
against the Indian Public servant who decided to withdraw cases from US Courts
with respect to Bhopal gas tragedy ?
Q 177 . What action has been taken
against the state labour department & pollution control board officials who
have failed in their duties , inspite of earlier warnings by journalists ?
Q 178 . What action has been taken
against state cabinet ministers who decided the quantum of compensation money
to favour the criminal although they don’t have right to do so ?
Q 179 . What action has been taken
against Presiding Judge of the trial court , Chief Justice of India , state
police officials , public prosecutors & Central Bureau of Investigation
officials who kept quite all along and didn’t press for the extradition
of the criminal Mr.Anderson , for producing the criminal accussed no.1
before the trial court ?
Q 180 . Is it not SHAMEFUL for the
judiciary , police , government officials & people’s representatives who
became part of Operation Crime Hush Up & aided criminals responsible for
ghastly murders of thousands & maiming of lakhs of hapless public in
Bhopal Gas Leak Tragedy?
Q 181 . Are these Corrupt Police ,
corrupt judges , corrupt ministers , corrupt labour / pollution control
board officials HUMAN BEINGS ?
Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .
Q 182 Why police are not registering my complaint against CJI & other VVIPS ,Even after years ?
Q 183 don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186 Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .
These corrupt parasites will
feel , understand the pain only when they also suffer in the same manner.
Let us pray to almighty – In whose Court of justice MATCH
FIXING is not there & every body is equal , let us pray to that god to give
these corrupt parasites ghastly deaths nothing less nothing more.
YEAR TO WHICH ABOVE PERTAINS :
MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2011 . SOME OF THE DOCUMENTS ARE
DATED BACK TO 1947.
PUBLIC INFORMATION OFFICER FROM WHOM
THE INFORMATION IS REQUIRED :
1. PIO , O/O Honorable Chief Justice
of India , Supreme Court of India , New Delhi.
2. PIO , O/O H.E.Honorable
President of India , Rashtrapathi Bhawan , New Delhi.
3. PIO O/O Honorable Speaker of Lok
Sabha , GOI , New Delhi.
4. PIO O/O Dy Chairman of Rajya
Sabha , GOI , New Delhi.
5. PIO , O/O Union Home Minister
,GOI , New Delhi.
6. PIO , O/O H.E.Honorable Governor
of Karnataka , Raj Bhawan , Bangalore.
7. PIO , O/O Honorable Chief Minister
of Karnataka , CMO , Bangalore.
8. PIO , O/O DG & IG of Police ,
Government of Karnataka ,Police HQ , Bangalore.
Fees Paid :
1.
IPO 90E 787047 for rupees ten only.
2.
IPO 90E 787048 for rupees ten only.
3.
IPO 90E 787049 for rupees ten only.
4.
IPO 90E 787050 for rupees ten only.
5.
IPO 90E 787051 for rupees ten only.
6.
IPO 56C 376730 for rupees 5 only + IPO 56C 376731 for rupees 5 only.
7.
IPO 56C 376732 for rupees 5 only + IPO 56C 376733 for rupees 5 only.
8.
IPO 56C 376734 for rupees 5 only + IPOIPO 56C 376735 for rupees 5 only.
Enclosed :
1.
Police Complaint dated 19.03.2011
2.
Show Cause Notice Dated 19.03.2011
3.
ABCD Lesson of Democracy.
DATE : 19.03.2011
……………..………………………NAGARAJ.M.R.
PLACE : MYSORE , INDIA…..
……………………….( APPLICANT)
Edited, printed , published owned by NAGARAJA.M.R. @ #LIG-2
/ 761,HUDCO FIRST STAGE ,OPP
WATER WORKS , LAXMIKANTANAGAR
, HEBBAL ,MYSORE - 570017INDIA… cell
:09341820313
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Contact : naghrw@yahoo.com ,
nagarajhrw@hotmail.com
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