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Spreading the light of humanity & freedom
Editor: Nagaraja.M.R.. Vol.12..Issue.37........17/09/2016
Editorial
: Supreme Court of India violating Fundamental Rights
Drinking
water is
a
basic need , essential for human beings , cattles , live stock to
survive. Following two PILs seeking drinking water from
Cauvery River & Mahadayi River is an effort by public , our publication , a
struggle for life, survival. Right to
Life is a Human Right must be respected by all law making bodies and even
supreme court of india. SCI itself is
grossly violating citizen’s fundamental rights , human rights instead of safe guarding it. Who will
prosecute SCI judges ? God save my India.
Jai Hind. Vande Mataram.
Your’s sincerely,
Nagaraja.M.R.
PIL – Store DRINKING WATER
in Cauvery KRS reservoir
An Appeal to
Honourable Supreme Court of India & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
IN THE MATTER OF
NAGARAJA . M.R
editor , SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
a. Honourable Cabinet Secretary , Government of India
CRIMINAL WRIT PETITION NO. OF 2016
IN THE MATTER OF
NAGARAJA . M.R
editor , SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
a. Honourable Cabinet Secretary , Government of India
b. Honourable Chief Secretary , Government of Karnataka
c. Honourable Chief Secretary , Government of Tamilnadu
d. Justice Deepak Mishra , SCI
e. Justice U.U Lalit , SCI
and others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the Supreme Court of India.
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Every human being needs drinking water to survive and every
Human Being has got Human Right to Live by virtue of his
birth itself. Without access to drinking water human beings cann’t
survive , they will die. Therefore Human Right to
Drinking water forms integral part of Human Right to Live.
United Nations has also affirmed Human Right to
Safe Drinking Water to every human being.
The said agreement
regarding sharing of Cauvery
water by
british presidency with Rulers of
Mysore Kingdom decades ago is biased in
favor of state of tamil nadu.
Even decades after
independence of india , why should we
stick to british era agreement instead of drawing our own mutual
agreement based on present needs.
When a judge
presiding in a case even if
remotely associated with any of the parties must withdraw from the case paving
the way for a neutral judge. This is to prove
to the public that justice is not
merely delivered but publicly
shown to be delivered.
Judges are not subject experts in irrigation , engineering
, rain calculation , etc. without taking
the expert opinion , conducting ground assessment judges have recently made orders to release Cauvery river water to
tamilnadu state.
While sharing a river water TOP PRIORITY
must be DRINKING WATER for all
parties concerned. Second comes irrigation. Here too it must be on equal footing first round of water for all parties for
first crop , after completion of first round second round must commence for all parties.
However here one party is given water for two crops
other is denied water even for TOP PRIRITY DRINKING let alone for crop
irrigation. It is unjust.
Lot of confusion is being created by contradictory
statements made out by contesting parties , governments regarding
the water stored in their reservoirs. Till date why not SCI has deputed an
impartial expert tem to assess the
actual stored water in reservoirs , their actual needs , rain fall
expected , their contingency plans in case of rain fall failure , etc. To make
expert’s report public so that public in all the states will know the truth , law & order , peace will
prevail.
2. Question(s) of Law:
Is not
denial of Drinking water from
Cauvery river to people in Karnataka , a crime by supreme court judges Justice Deepak Mishra , Justice U.U . Lalit ,
government of india , government
of Tamilnadu & government of
Karnataka ?
Supreme court definitely
has jurisdiction to safeguard human rights of people , to ensure drinking water
to all parties but Does the supreme
court has jurisdiction to order
parties to release water for irrigation , etc ?
3. Grounds:
Requests for equitable justice. Protection of Human Rights of Karnataka People , specifically protection of their human rights to life & drinking water.
4. Averment:
Hereby , I do request the honorable supreme court of India to
consider this as a PIL for : “writ of Mandamus” and to issue instructions to
the concerned public servants in the following cases to perform their
duties.
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the Union Cabinet Secretary , Government of India , chief secretaries of all state governments , the concerned public servants in the present case , to perform their duties.
b . to pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.
c. to order government of Karnataka to ensure supply of drinking water from Cauvery River to people living in Karnataka and thereby protect their human rights. .
c. to order government of Karnataka to ensure supply of drinking water from Cauvery River to people living in Karnataka and thereby protect their human rights. .
d. to order Government of India and other
riparian states to ensure drinking water to all people.
e. to annul the present biased Cauvery river sharing
agreement between Karnataka , tamilnadu state and to
constitute expert committee
to arrive at a scientific formula
to ensure drinking water to all parties
concerned. To make that expert’s report public.
f. As SCI doesn’t have jurisdiction to interfere
in river sharing , to order government of india to arrange a conciliatory meeting between the
parties.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 13th September 2016 …………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
PIL – Release DRINKING
WATER from Mahadayi River
An Appeal to
Honourable Supreme Court of India & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
IN THE MATTER OF
NAGARAJA . M.R
editor , SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Cabinet Secretary , Government of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the Supreme Court of India.
CRIMINAL WRIT PETITION NO. OF 2016
IN THE MATTER OF
NAGARAJA . M.R
editor , SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Cabinet Secretary , Government of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Every human being needs drinking water to survive and every
Human Being has got Human Right to Live by virtue of his
birth itself. Without access to drinking water human beings cann’t
survive , they will die. Therefore Human Right to
Drinking water forms integral part of Human Right to Live.
United Nations has also affirmed Human Right to
Safe Drinking Water to every human being.
2. Question(s) of Law:
Is not
denial of Drinking water from Mahadayi / Mandovi River
to people in northern Karnataka , a crime by government
of india & government of Karnataka ?
Is not police
brutality against people demanding drinking water and police brutality
against women , aged persons , children , pregnant women in
Navalgund , Yamanoor of Karnataka a crime by Karnataka police ?
3. Grounds:
Requests for equitable justice. Protection of Human Rights of Karnataka People , specifically protection of their human rights to life & drinking water.
4. Averment:
Hereby , I do request the honorable supreme court of India to
consider this as a PIL for : “writ of Mandamus” and to issue instructions to
the concerned public servants in the following cases to perform their
duties.
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the Union Cabinet Secretary , Government of India , chief secretaries of all state governments , the concerned public servants in the present case , to perform their duties.
b . to pass such other orders and further orders as may be deemed
necessary on the facts and in the circumstances of the case.
c. to order government of Karnataka to ensure supply of drinking water from Mahadayi / Mandovi River to people living in northern Karnataka .
c. to order government of Karnataka to ensure supply of drinking water from Mahadayi / Mandovi River to people living in northern Karnataka .
d. to order Government of India and other riparian
states to ensure drinking water to all people.
e. to order government of Karnataka , to initiate legal
prosecution of Karnataka police personnel who committed
excesses on women folk , children , aged persons in navalgund ,
yamanoor of Karnataka state during protest demanding water
from mahadayi river.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 03rd August 2016 …………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
The human right to water and sanitation
On 28 July 2010, through Resolution 64/292, the United Nations
General Assembly explicitly recognized the human right to water and sanitation
and acknowledged that clean drinking water and sanitation are essential to the
realisation of all human rights. The Resolution calls upon States and
international organisations to provide financial resources, help
capacity-building and technology transfer to help countries, in particular
developing countries, to provide safe, clean, accessible and affordable drinking
water and sanitation for all.
In November 2002, the Committee on Economic, Social and Cultural
Rights adopted General Comment
No. 15 on the right to water. Article I.1 states that "The
human right to water is indispensable for leading a life in human dignity. It
is a prerequisite for the realization of other human rights". Comment No.
15 also defined the right to water as the right of everyone to sufficient,
safe, acceptable and physically accessible and affordable water for personal
and domestic uses.
Sources:
Resolution A/RES/64/292. United
Nations General Assembly, July 2010
General Comment No. 15. The right
to water. UN Committee on Economic, Social and Cultural Rights, November 2002
The human right to water and the MDGs
Formarly acknowledging water as a human right, and expressing the
willingness to give content and effect to this right, may be a way of
encouraging the international community and governments to enhance their
efforts to satisfy basic human needs and to meet the Millennium Development
Goals.
Source: Water as a Human Right? IUCN,
UNDP, 2004
What is...?
Sufficient. The water supply
for each person must be sufficient and continuous for personal and domestic
uses. These uses ordinarily include drinking, personal sanitation, washing of
clothes, food preparation, personal and household hygiene. According to the
World Health Organization (WHO), between 50 and 100 litres of
water per person per day are needed to ensure that most basic needs are met and
few health concerns arise.
Safe. The water required for
each personal or domestic use must be safe, therefore free from
micro-organisms, chemical substances and radiological hazards that constitute a
threat to a person's health. Measures of drinking-water safety are usually
defined by national and/or local standards for drinking-water quality. The World
Health Organization (WHO) Guidelines for drinking-water quality provide
a basis for the development of national standards that, if properly
implemented, will ensure the safety of drinking-water.
Acceptable. Water should be of
an acceptable colour, odour and taste for each personal or domestic use. [...]
All water facilities and services must be culturally appropriate
and sensitive to gender, lifecycle and privacy requirements.
Physically accessible. Everyone
has the right to a water and sanitation service that is physically accessible
within, or in the immediate vicinity of the household, educational institution,
workplace or health institution. According to WHO, the water source has to be
within 1,000 metres of the home and collection time should not
exceed 30 minutes.
Affordable. Water, and water
facilities and services, must be affordable for all. The United Nations
Development Programme (UNDP) suggests that water costs should not exceed 3
per cent of household income.
UN initiatives that are helping to raise
the issue...
Human Rights Council Resolution A/HRC/RES/18/1
On 28 September 2011, the UN Human Rights Council passed a new resolution which takes the human right to safe drinking water and sanitation a step further. The Council welcomed the submission of the compilation of good practices on the right to safe drinking water and sanitation, in which the Special Rapporteur put particular emphasis on practical solutions with regard to the implementation of the human right to safe drinking water and sanitation. The resolution calls on States to ensure enough financing for sustainable delivery of water and sanitation services.
On 28 September 2011, the UN Human Rights Council passed a new resolution which takes the human right to safe drinking water and sanitation a step further. The Council welcomed the submission of the compilation of good practices on the right to safe drinking water and sanitation, in which the Special Rapporteur put particular emphasis on practical solutions with regard to the implementation of the human right to safe drinking water and sanitation. The resolution calls on States to ensure enough financing for sustainable delivery of water and sanitation services.
World
Health Assembly Resolution 64/24 [ - 24 KB]
In May 2011, the World Health Organization (WHO), through Resolution 64/24, made a call to Member States "to ensure that national health strategies contribute to the realization of water- and sanitation-related Millennium Development Goals while coming in support to the progressive realization of the human right to water and sanitation" and to WHO's Director General to "to strengthen WHO's collaboration with all relevant UN-Water members and partners, as well as other relevant organizations promoting access to safe drinking-water, sanitation and hygiene services, so as to set an example of effective intersectoral action in the context of WHO's involvement in the United Nations Delivering as One initiative, and WHO's cooperation with the United Nations Special Rapporteur on the human right to safe drinking water and sanitation with a view to improving the realization of the human right to water and Sanitation".
In May 2011, the World Health Organization (WHO), through Resolution 64/24, made a call to Member States "to ensure that national health strategies contribute to the realization of water- and sanitation-related Millennium Development Goals while coming in support to the progressive realization of the human right to water and sanitation" and to WHO's Director General to "to strengthen WHO's collaboration with all relevant UN-Water members and partners, as well as other relevant organizations promoting access to safe drinking-water, sanitation and hygiene services, so as to set an example of effective intersectoral action in the context of WHO's involvement in the United Nations Delivering as One initiative, and WHO's cooperation with the United Nations Special Rapporteur on the human right to safe drinking water and sanitation with a view to improving the realization of the human right to water and Sanitation".
Appointment
of an independent expert [ - 32 KB]
In March 2008, through resolution 7/22, the Human Rights Council decided "To appoint, for a period of three years, an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation". In April 2011, through resolution 16/2, the Human Rights Council decided to extend the mandate for a period of three years. The Independent Expert monitors and reports on States' implementation of the right to water as well as related violations.
In March 2008, through resolution 7/22, the Human Rights Council decided "To appoint, for a period of three years, an independent expert on the issue of human rights obligations related to access to safe drinking water and sanitation". In April 2011, through resolution 16/2, the Human Rights Council decided to extend the mandate for a period of three years. The Independent Expert monitors and reports on States' implementation of the right to water as well as related violations.
More Than Bad Maths: Four Big Errors That Let Jayalalithaa Off
the Hook
A day after former Tamil Nadu Chief
Minister J Jayalalithaa was acquitted by the Karnataka High Court on May
11 in a high profile corruption case, Special Public Prosecutor BV Acharya
revealed arithmetic errors in the judgment. An error in adding up a tabular
column of loans considered as income by the High Court judge left a gaping hole
of Rs 13.5 crore, which the AIADMK is still trying to explain away.
Now, more serious errors of
duplication have been found in Judge CR Kumaraswamy’s verdict. It now appears
that the High Court has, erroneously, added loan amounts twice to the income of
the defendants. This means that the amount calculated by the judge as
‘explained income’ — the basis on which the court has exonerated Jayalalithaa
and others — is a highly inflated figure.
To put it in simple terms,
disproportionate wealth is calculated by adding up all the assets and income of
the accused and finding out which of the assets and income are from an
explained valid source of income. Those assets and income that do not have a
satisfactory source are then deemed to be disproportionate wealth.
The trial court, in September 2014,
had found Jayalalithaa guilty of possessing disproportionate wealth to the tune
of Rs 53.6 crore. Earlier this month the Karnataka HC ruled on her appeal,
acquitting her of all charges as it found disproportionate wealth to be only to
the tune of Rs 2.82 crore. The High Court cited earlier judgments to argue that
10% of unexplained wealth was permissible as per law and that since only 8.12%
of the defendants’ wealth was disproportionate to their income, they were
liable to be acquitted as per law.
Duplication of loans
On page 852 of the High Court
order, Judge Kumaraswamy has put in place a tabular column showing a list of 10
loans, which, he argues, would constitute additional income, automatically
bringing down the total amount of disproportionate income in Jayalalithaa’s
case. He then adjusts the sum assessed as income by the prosecution and arrives
at a new figure.
Out of the 10 loans, the first one,
a loan to Jaya Publications from Indian Bank to the tune of Rs 1.5
crore is clearly shown to have been repaid in full, in the corresponding Page
294 of the trial court order and has been accepted as legitimate expenditure by
the lower court. Therefore, it is already factored in.
Of the other nine loans listed,
seven of these have already been taken into account by the prosecution. In
fact, the trial court order, on pages 126 to 139, delves in detail into each
individual loan taken by the defendants and accepts them either completely or
partially with reasons.
Legal experts say that this amounts
to duplication of income – if, for instance, the trial court has accepted an
income of Rs 100 out of these loans, the High Court has erroneously taken the
same Rs 100 and added it once again, assuming that the lower court had omitted
to do so. This would take the total income to double the actual amount i.e. Rs
200.
In fact, the High Court appears to
have made some more glaring errors. Item number 8 in the table on Page 852 is a
loan of Rs 1.57 crore in the name of VN Sudhakaran, Jayalalithaa’s foster son
and one of the accused. A comparison with Pages 136 and 137 of the trial court
order shows the discrepancy. Three pieces of evidence are cited in this
particular loan – one, a letter from Sudhakaran to Indian Bank requesting a
loan of Rs 1.57 crore. The second evidence is a letter from Indian Bank
sanctioning a loan amount of Rs 1.33 crore and not the full amount requested.
The third bit of evidence is the statement of accounts from the bank’s records.
The trial court has taken the outstanding balance of the loan amount as income.
The High Court, however, in a glaring error, takes into account only
the first piece of evidence i.e. the loan amount requested by
Sudhakaran, which was not even sanctioned in full.
Page 852 of High Court Judge
Kumaraswamy’s judgment of May 11, 2015
Other loans show up similar
discrepancies in the High Court order.
Another glaring error in the loan
table is that of item number 3 – a loan of Rs 90 lakhs taken by Jayalalithaa
from Indian Bank. The HC has taken this into account despite that loan having
been sanctioned in August 1996, after the ‘check period’ of the case, i.e.
after her first term as Chief Minister of the state had ended.
Details of loans listed on pp126-127
in trial court Judge Cunha’s September 2014 verdict finding Jayalalithaa guilty
of corruption
Page 127 of trial court Judge Cunha’s
verdict of September 2014
Once we discount the duplicated
loans, the arithmetic now works out as follows.
Total assets accepted by HC: Rs 37,59,02,466
Total income as calculated by HC
(incl loans as under Page 852): Rs 34,76,65,654
Now we deduct the amount of Rs 18,17,46,000 from this
since the loans mentioned have already been taken into account by the trial
court.
Only one component Item number 9
would be added since it does not reflect in the trial court’s math.
New total = Old total – loan income
i.e. Rs 34,76,65,654 –
Rs 18,17,46,000
Add Item number 9 as extra loan = Rs 1,65,00,000
New total income = Rs 18,24,19,654
Now we apply this new total income to the formula used
by the HC on Page 914 of the order, to arrive at the percentage of
disproportionate wealth.
Disproportionate assets
= Total assets – Total income
= Rs 37,59,02,466 – Rs 18,24,19,654
=
Rs 19,34,82,812
This means the amount of
disproportionate assets shoots up to Rs 19.3 crores from Rs
2.82 crores as given in the HC order.
Percentage
= Disproportionate assets X 100 / Income
= Rs 19,34,82,812 X 100 / 18,24,19,654
The percentage now goes up to 106% as
opposed to the 8.12% calculated by the HC, which was the number that acquitted
Jayalalithaa and 3 others.
“There are a number of apparent
errors in the High Court’s treatment of the funds that need to be gone into,”
said Supreme Court lawyer Karuna Nundy. “For instance, the first item in Page
852 of the High Court judgment is a loan of Rs 1.5 cr (Ex.P.1027) – the High
Court treats this as income that has been properly explained. The trial
court though, examined the bank manager and saw documents that showed that the
loan from the Indian Bank had already been paid back. This leaves an
unexplained amount of over 1 crore. There are other gaps – take Ex.P.1330, a Rs
1.57 crore loan taken by VN Sudhakaran, again from Indian Bank. The trial court
order clearly shows Sudhakaran only received Rs 1.33 cr of the Rs 1.57 cr,
sanctioned.”
“This allegation is incorrect,”
said a senior AIADMK leader who did not wish to be named. “We have thoroughly
looked through the order and there is no discrepancy,” he said.
The 10% loophole
Jurists are spitting fire at the
law used by Judge Kumaraswamy on Page 914 of his order acquitting Jayalalithaa.
In this, the judge has cited the Krishnanand Agnihotri case, which states that
“when there is disproportionate asset to the extent of 10%, the accused are
entitled for acquittal.” He has also cited a circular issued by the Government
of Andhra Pradesh which states, “Disproportionate asset to the extent of 20%
can also be considered as a permissible limit.”
“Is the judiciary giving legal
sanction to corruption?” asked a retired High Court judge who did not wish to
be named. “Will this 10% sanction apply to its own officers and subordinate
judiciary? So a court clerk found taking a bribe of Rs 1000 could be let off
since it is less than 10% of his annual salary? Will this 10% be allowed on an
annual basis or on the basis of tenure of the staff? And every time a
chargesheet is filed henceforth, will this 10% rule apply? Is the judiciary
giving a blessing to public servants for violating their oath by giving them
10% leeway?” asked the judge.
“Unfortunately the SC judgment
in Krishnanand Agnihotri’s case has been misinterpreted,” said lawyer
Nundy. “The HC says “when there is disproportionate asset to the extent of 10%,
the accused are entitled for acquittal.” Nowhere does the
Supreme Court judgment lay this down as a rule. Agnihotri’s case was explicitly
decided in the context of his own offence, which was relatively minor. If the
High Court thought Jayalalithaa deserved the benefit for much larger amounts it
needed to explain why,” she said.
Legal eagles say that this ruling
by the High Court judge could set a bad precedent, one that encourages bribery.
Especially when the Supreme Court earlier observed that corruption is “the
enemy of the nation” and had exhorted courts to show “zero tolerance” towards
this scourge.
“It is an accepted legal
precedent,” insisted the AIADMK leader. “The High Court judge is right in his
assessment.”
Retired Madras HC judge K Chandru
agrees. “The Andhra precedent and the other precedent have been
followed in many cases and officers have been let out on the basis of the
discount, it has become a judicial precedent by the judge made law. One need
not argue specifically on such issues and it is left to the discretion of the
court,” he said.
IT returns as proof of income
The Karnataka High Court overturned
the guilty verdict of the trial court by arguing that the lower court had not
considered the Income Tax returns of the defendants. Judge Kumaraswamy then
added this income declared in the IT returns of the defendants to clear them of
a large chunk of disproportionate assets.
“There are many prior cases where
the Supreme Court has said that in cases involving disproportionate assets, the
source of the income must be explained convincingly,” said the retired judge.
“Income tax returns are not reliable since they do not verify the source of the
income. It is wrong to accept IT returns as proof of income unless the source
of the income is proven to be valid,” he said.
Legal experts also point out that
in many instances, the High Court has accepted IT returns which have been filed
much later, as in the case of Namadhu MGR. On Page 875 of the HC order, the
judge agrees that IT returns filed as an afterthought cannot be relied upon.
“When Income Tax returns have not been filed for many years, it disentitles the
assessee substantially. A doubt arises in the genuineness of the Income Tax
returns. But when it is produced before the Income Tax department after a long
time and is not produced when its production was warranted, it is a
suspicious circumstance against the genuineness of the claim of the assessee in
respect of this subscription item i.e. Namadhu MGR.”
Experts say that under the Nallammal
vs State ruling of 1999, the term “income” has been clearly defined by
the Supreme Court. “… ‘known sources of income’ means income received from any
lawful source and such receipt has been intimated in accordance with the
provisions of any law, rules or orders for the time being applicable to a
public servant.” They say that this would, in effect, rule out IT returns
as proof of income, since source of that income is not often verified while
assessing returns.
However, Kumaraswamy proceeds to
accept the income in part i.e. a sum of Rs 4 crores. “In effect, this is an
afterthought explanation that anyone can give in a DA case,” said the retired
judge. “So basically I can wait until a chargesheet is filed, then I can add
all my unexplained income and file my IT returns after that – I will get away
scot free. This judgment can be quoted in cases involving IT returns as well.
Jurists should wake up to the impact this could have on the social structure,
the economy and political structure. If afterthought IT returns are accepted,
this means black money can easily come into the system and be laundered by
filing a simple IT return,” he said.
“Under this head, the High Court
may be wrong and there was no justification to ignore the findings given
by Cunha,” said retired judge Chandru. “Sec 19 (3) (a) of the Prevention
of Corruption Act does not allow an appellate court (in this case Karnataka HC)
to take a different view from the special court in such matters
unless there was a failure of justice,” he said.
The AIADMK says relying on IT
returns is a legally sound decision. “The IT department is under an IT law and
decisions taken by it are final,” said the AIADMK leader. “There is nothing
wrong with relying on IT returns.”
Foreign remittance
Apart from the acceptance of IT
returns which were filed belatedly, in the case of birthday gifts too, a
curious case of a foreign remittance included in this list draws attention.
This Rs 77 lakh remittance is the subject of a CBI investigation. The case was
dismissed by the Madras High Court and the matter has been mired in legal
technicalities and pending before the Supreme Court since 2012.
“Receiving gifts from foreign
countries by a minister is completely prohibited by the Foreign Exchange
Regulation Act (FERA),” said retired judge Chandru. “It can be accepted as an
income for the purpose of the present case if it is shown that it was
remitted by a bonafide person.”
The retired judge quoted the
Supreme Court to ask whether this means the judiciary encourages politicians to
take bribes in kind rather than cash. “If public servants are allowed to accept
presents when they are prohibited under a penalty from accepting bribes, they
would easily circumvent the prohibition by accepting the bribe in the shape of
a present,” he said.
The AIADMK insists that this is an
accepted precedent.
Other errors
The legal fraternity points out
other errors in the judgement. One is that of a virtual lack of prosecution in
the case. After the Supreme Court struck down the appointment of then Special
Public Prosecutor Bhavani Singh in January 2015, a new SPP was appointed by the
Karnataka government. BV Acharya was given only a day’s time to submit written
arguments (“not more than 50 pages” as per Justice Deepak Mishra’s order) and
oral arguments were not allowed.
Another error pointed out is that
of the HC dismissing government rates for construction materials as being “too
high” and thereby reducing the costs of construction and renovation in the
properties of the defendants.
“In the absence of other proper
evidence, only government rates i.e. rates prescribed by the Public Works
Department can be taken into account,” said the retired judge. “It is standard
practice in all courts,” he said.
Retired judge Chandru disagrees.
“Judge Kumaraswamy even said that when he purchased tiles for constructing
his house, it was almost the same as claimed by Jayalalithaa,” he
said.
Rental income added by the HC too
appears to be unexplained. On Page 833 of the HC order, the judge simply takes
into account a sum of Rs 3.22 lakhs. A perusal of the trial court order shows
that rental income has been taken into account. Legal experts say this is a
mystifying figure.
Image of the judiciary
Jurists warn that the High Court
verdict could set many precedents for erroneous verdicts in the future. They
say that this is the first time a powerful politician has been brought to book
by a trial court and therefore, an important order that should not be taken
lightly.
“The Supreme Court has to remember
that the world is watching India,” said the retired judge. “This judgment will
bring down the image of the Indian judiciary in the world. The apex court must
look into this closely and seriously,” he said.
“This case became significant
because right from the beginning there were attempts to delay the hearing by
opposing the constitution of a special court,” said Chandru. “Then the
accused was two times Chief Minister during the investigation and the
police was under her Home Ministry. Then the Supreme court intervention
on the transfer of the case to another state, appointment of Special Public
Prosecutor, fixing time limit for hearing the appeal and even fixing the
quantity of stationary to be used for the written brief and not allowing
oral arguments. All these make it a unique case involving corruption,” he said.
SC lawyer Nundy agrees. “It’s
important that the Supreme Court hear this case in appeal,” she said. “In fact,
given the level of detail and the vagaries of prosecution, it might also be a
fit case to appoint an amicus curiae, or ‘friend of the court’, to make sure
justice is not only done but seen to be done – beyond reasonable doubt,” she
added.
And while the Karnataka government
dithers over whether or not to head to the Supreme Court on appeal, the legal
fraternity is certainly chafing at what has taken place.
Flawed Jayalalithaa Verdict Finally Heads to Supreme Court
As the Karnataka cabinet decides to move the
Supreme Court in appeal, The Wireunearths more errors in the High
Court verdict acquitting Tamil Nadu Chief Minister Jayalalithaa
The Karnataka cabinet today decided to move the Supreme Court on
appeal against the recent Bangalore High Court verdict acquitting J.
Jayalalithaa, her close aide Sasikala and two others in a disproportionate
assets case.
“I welcome the decision of the Karnataka cabinet,” said BV
Acharya, special public prosecutor in the case. “The government has accepted
the legal opinions and recommendations given both by the Advocate General as
well as by myself,” he said.
Following
the decision taken by the Karnataka cabinet, state Law Minister TB Jayachandra
told reporters that the cabinet decided to appeal on the basis of merits of the
case. “The Supreme Court has specifically said that Karnataka has stepped into
the shoes of Tamil Nadu and that the state is the sole prosecuting agency for
all matters related to the case,” he said. “Legally on merits we have decided
to file the appeal in Supreme Court. BV Acharya will continue to be the special
public prosecutor for the appeal as well,” he added.
In his May
11 verdict, Judge CR Kumaraswamy of the Bangalore High Court acquitted the Tamil Nadu Chief Minister and others of all charges in a
19-year-old corruption case. A trial
court in Bangalore had, in September 2014, convicted them of holding
unexplained wealth to the tune of Rs 53 crores.
The Wire had earlier this month reported on the four main inconsistencies in the High Court’s verdict which had allowed
Jayalalithaa and others to be acquitted. But there is one more large and
inexplicable error in the High Court verdict, say legal experts.
Since the fundamental determinant of the accused
persons’ disproportionate assets hinges on their spending more
money during the impugned period than their declared sources of
income, the acquittal turned on the curious tabulation of expenditure made
by Judge Kumaraswamy — especially the money spent on construction costs
On Page 797 in the High Court order acquitting Jayalalithaa –
after a lengthy discussion of the arguments of the prosecution, the defence and
the trial court order – Judge Kumaraswamy puts the costs incurred in the construction
and renovation of various buildings at Rs 5,10,54,060 (Rs 5.1 crores).
On comparing the High Court’s tally with the written submissions
made by the defendants, in this case Jayalalithaa and her close aide Sasikala,
a peculiar situation arises.
Item number 51 in the written submission of Jayalalithaa clearly
states that she has admitted to expenditure of Rs 3,62,47,700 (Rs 3.6 crores)
towards construction costs in Poes Garden and a farmhouse in Hyderabad.
Similarly, a tabular column detailed in the written submission
of Sasikala shows that she and another accused, J Elavarasi, have
admitted to expenditure of Rs 5,05,59,419 (Rs 5 crores) towards construction
costs of various buildings.
The sum total of the construction costs admitted to by the
defence is thus Rs 8,68,07,119 (Rs 8.6 crores).
The Wire cross-checked this
tally with the written submissions made by the defendants to the Karnataka High
Court. Again, a tabular column under the heading “Value of the assets according
to the accused under following heads as shown in Page 711 of the trial court
judgement” shows clearly the defence claim on the amount spent towards construction
costs. The defence clearly states that they have spent a total of Rs
8,60,59,261 (Rs 8.6 crores) in their submission to the High Court too.
Strangely enough, the High Court has decided that the defendants
have in fact spent less than the amount that they have themselves admitted to.
Judge Kumaraswamy has stated in his order that the defendants have spent only
Rs 5.1 crores, reducing costs incurred by the defendants by about Rs 3.5
crores.
More costs incurred by the defendants would mean a higher amount
of expenditure that would need to be explained to the courts. The trial court
on Page 711 held that Jayalalithaa and others had spent Rs 22,53,92,344 (Rs
22.5 crores) on construction and renovation of various buildings. The
defendants disagreed and said they had spent Rs 8.6 crores only. The Karnataka
High Court disagreed with both and said Jayalalithaa and others had spent only
Rs 5.1 crores.
“This is really strange,” said a retired High Court judge. “The
judge has gone neither by what the prosecution says, nor by the defendants.
This is a clear example of a case where the evidence needs to have been
scrutinized thoroughly. Errors like this will creep in otherwise,” he said.
“This is not the only instance in the order where the High Court
has gone beyond the defence,” said Vikram Hegde, a lawyer based in Karnataka.
“Even the loan amount, if you look at it, is more than what the defence says.”
Legal experts argue that these errors could have been avoided if
a proper prosecution had been made available during the trial period. In
January this year, the Supreme Court struck down the appointment of Special
Public Prosecutor (SPP) Bhavani Singh as “bad in law” and asked the Karnataka
Government to appoint a new SPP. BV Acharya who was subsequently appointed, was
given a day’s time to submit written arguments, with no verbal arguments being
allowed.
“A proper prosecution would have made a huge difference to
this case,” said Hegde. “First, it is an authentic source and second, the court
would have had qualified assistance. The role of the prosecutor in a case like
this is to take the court through the maze of evidence. The previous prosecutor
did not do that in the High Court. I would go so far as to say that the
previous prosecutor had not done his job even in the trial court. As a result,
the judge has been at a disadvantage and he has not been able to apply his
mind,” he said.
Other glaring errors in the judgement include arithmetic
mistakes, duplication of loan income, and erroneous use of IT returns as a
valid source of income. A fiery debate is also on within legal circles on
whether the use of the 10% rule — the quantum of disproportionate assets an
accused is allowed before it becomes an offence — as used in Krishnanand Agnihotri
is applicable at all to Jayalalithaa as her case involves crores of rupees with
a charge of corruption while in office.
“It is in Jaya’s interest that she gets cleared by the Supreme
Court,” said senior Supreme Court lawyer Rajeev Dhavan. “Without that, huge
doubts will hang over the Bangalore High Court verdict. It appears that there
are grievous blunders – whether in calculation, construction costs or wedding
costs. There are huge doubts whether the 10% rule can really be applied when
figures are larger than say, Rs 5 lakhs. This matter needs to be agitated
before the Supreme Court for reasons of justice as well as reasons of error,”
he said.
Jayalalithaa, who took charge once again as Tamil Nadu Chief
Minister following her acquittal, will contest a by-election for a
Tamil Nadu assembly seat on June 27 even as the decision on
Karnataka’s appeal hangs over her head.
The Wire tried reaching a number of AIADMK leaders but none
among them was willing to comment either on the computational errors in
the High Court order or the Karnataka government’s decision to move the Supreme
Court.
Access
to Justice is a fundamental right guaranteed under Article 14 & 21 of
Constitution: SC Constitution Bench
The Constitution Bench of the Supreme Court has held that access to Justice is a Fundamental Right guaranteed to citizens by Article 14 and Article 21 of the Constitution of India. The five Judge Bench comprising of Chief Justice of India T.S. Thakur, Justices Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi has made the above observation while answering a reference to it, which arose from Transfer Petitions, eleven seeking transfer of civil cases from or to the State of Jammu and Kashmir while the remaining two seek transfer of criminal cases from the State to Courts outside that State.
The Constitution Bench of the Supreme Court has held that access to Justice is a Fundamental Right guaranteed to citizens by Article 14 and Article 21 of the Constitution of India. The five Judge Bench comprising of Chief Justice of India T.S. Thakur, Justices Fakkir Mohamed Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi has made the above observation while answering a reference to it, which arose from Transfer Petitions, eleven seeking transfer of civil cases from or to the State of Jammu and Kashmir while the remaining two seek transfer of criminal cases from the State to Courts outside that State.
The Bench further observed that if “life”
implies not only life in the physical sense but a bundle of rights that makes
life worth living, there is no juristic or other basis for holding that denial
of “access to justice” will not affect the quality of human life so as to take
access to justice out of the purview of right to life guaranteed under Article
21. “We have; therefore, no hesitation in holding that access to justice is
indeed a facet of right to life guaranteed under Article 21 of the
Constitution. The Citizen’s inability to access courts or any other
adjudicatory mechanism provided for determination of rights and obligations is
bound to result in denial of the guarantee contained in Article 14 both in
relation to equality before law as well as equal protection of laws.
Absence of any adjudicatory mechanism or the
inadequacy of such mechanism, needless to say, is bound to prevent those
looking for enforcement of their right to equality before laws and equal
protection of the laws from seeking redress and thereby negate the guarantee of
equality before laws or equal protection of laws and reduce it to a mere
teasing illusion. Article 21 of the Constitution apart, access to justice
can be said to be part of the guarantee contained in Article 14 as
well.”, the Bench added.
ESSENCE
OF ACCESS TO JUSTICE According to the Bench the following are the four main
facets that constitute the essence of access to justice
(i)
The need for adjudicatory
mechanism: One of the most fundamental requirements for providing to the
citizens access to justice is to set-up an adjudicatory mechanism whether
described as a Court, Tribunal, Commission or Authority or called by any other
name whatsoever, where a citizen can agitate his grievance and seek
adjudication of what he may perceive as a breach of his right by another
citizen or by the State or any one of its instrumentalities. In order that the
right of a citizen to access justice is protected, the mechanism so provided
must not only be effective but must also be just, fair and objective in its
approach. So also the procedure which the court, Tribunal or Authority may
adopt for adjudication, must, in itself be just and fair and in keeping with
the well recognized principles of natural justice.
(ii)
(ii) The mechanism must be conveniently
accessible in terms of distance: The forum/mechanism so provided must,
having regard to the hierarchy of courts/tribunals, be reasonably accessible in
terms of distance for access to justice since so much depends upon the ability
of the litigant to place his/her grievance effectively before the
court/tribunal/court/competent authority to grant such a relief.
(iii)
(iii) The process of adjudication must
be speedy. “Access to justice” as a constitutional value will be a mere
illusion if justice is not speedy. Justice delayed, it is famously said, is
justice denied. If the process of administration of justice is so time
consuming, laborious, indolent and frustrating for those who seek justice that
it dissuades or deters them from even considering resort to that process as an
option, it would tantamount to denial of not only access to justice but justice
itself. In Sheela Barse’s case (supra) this Court declared speedy trial as a
facet of right to life, for if the trial of a citizen goes on endlessly his
right to life itself is violated. There is jurisprudentially no qualitative
difference between denial of speedy trial in a criminal case, on the one hand,
and civil suit, appeal or other proceedings, on the other, for ought we know
that civil disputes can at times have an equally, if not, more severe impact on
a citizen’s life or the quality of it. Access to Justice would, therefore, be a
constitutional value of any significance and utility only if the delivery of
justice to the citizen is speedy, for otherwise, the right to access to justice
is no more than a hollow slogan of no use or inspiration for the citizen. It is
heartening to note that over the past six decades or so the number of courts
established in the country has increased manifold in comparison to the number
that existed on the day the country earned its freedom. There is today almost
invariably a court of Civil Judge junior or senior division in every taluka and
a District and Sessions Judge in every district. In terms of accessibility from
the point of view of distance which a citizen ought to travel, we have come a
long way since the time the British left the country. However, the increase in
literacy, awareness, prosperity and proliferation of laws has made the process
of adjudication slow and time consuming primarily on account of the over worked
and under staffed judicial system, which is crying for creation of additional
courts with requisite human resources and infrastructure to effectively deal
with an ever increasing number of cases being filed in the courts and mounting
backlog of over thirty million cases in the subordinate courts. While the
States have done their bit in terms of providing the basic adjudicatory
mechanisms for disposal of resolution of civil or criminal conflicts, access to
justice remains a big question mark on account of delays in the completion of
the process of adjudication on account of poor judge population and judge case
ratio in comparison to other countries.
(iv)
(iv) The process of adjudication must be
affordable to the disputants: Access to justice will again be no more than
an illusion if the adjudicatory mechanism provided is so expensive as to deter
a disputant from taking resort to the same. Article 39-A of the Constitution
promotes a laudable objective of providing legal aid to needy litigants and
obliges the State to make access to justice affordable for the less fortunate
sections of the society.
You
can’t improve access to justice if the courts are inefficient: Daksh Co-Founder
Harish Narasappa
DAKSH, the Bengaluru-based NGO, is a civil society organisation that undertakes research and activities to promote accountability and better governance in India, founded by citizens from varied backgrounds. It has been working to create inclusive, transparent, self-correcting mechanisms that encourage accountability in all branches of the government. Its two main activities are measuring political and judicial performance. It has designed, developed, and deployed a variety of measures to assess and analyse performance in the political space, such as conducting physical surveys to gather data on people’s perceptions of their elected representatives. The most significant one was a national, physical survey of over 2,65,000 people in 2014, assessing their perceptions of their Members of Parliament (MPs).
DAKSH, the Bengaluru-based NGO, is a civil society organisation that undertakes research and activities to promote accountability and better governance in India, founded by citizens from varied backgrounds. It has been working to create inclusive, transparent, self-correcting mechanisms that encourage accountability in all branches of the government. Its two main activities are measuring political and judicial performance. It has designed, developed, and deployed a variety of measures to assess and analyse performance in the political space, such as conducting physical surveys to gather data on people’s perceptions of their elected representatives. The most significant one was a national, physical survey of over 2,65,000 people in 2014, assessing their perceptions of their Members of Parliament (MPs).
Daksh embarked on the Rule of Law Project in
2014 in order to evaluate judicial performance and in particular, to study the
problem of pendency of cases in the Indian legal system. This project is based
on quantitative research that will map the administration of justice in
India.The report was released in New Delhi on 11 August in collaboration with
EBC LiveLaw interviewed Harish Narasappa, Daksh’s Co-Founder, on Daksh’s latest
State of the Indian Judiciary Report. Harish is a lawyer and founding partner of
the law firm, Samvad Partners, headquartered in Bengaluru. He is also a member
of the Karnataka Election Watch and National Election Watch. Harish has a BA,
LLB (Hons.) from the National Law School of India University, Bangalore, a BCL
from the University of Oxford (where he was a Radhakrishnan Scholar), and a BA
(Philosophy) from the University of London.
Excerpts from the interview:
LiveLaw:
Congratulations on the publication of the State of the Indian Judiciary Report.
The Report is a mix of your findings and opinion pieces on the different
aspects. On the day when it was released in Delhi, the panelists represented
different viewpoints; we had Arvind Datar on the one side, and Indira Jaising
and Mohan Gopal on the other. Each one of the panellists had a different take
on the state of the Indian Judiciary. Daksh’s stand on these conflicting
viewpoints was not clear to the audience.
HBN: Thanks for your wishes. We view the report
as the first of many outputs that our research will produce. Actually,
our report covers all the different viewpoints that were expressed during the
panel discussion. Our data section and functioning of the judiciary section
focuses on efficiency and the access to justice section focuses on the
difficulties certain classes face in accessing the judiciary. Our view is that
they are not independent issues and are linked and the data shows that. You
cannot improve access to justice if the courts are inefficient. And
inefficiency hurts the poor the most. So, there is no contradiction- it is just
that different people have focused on different issues until now.
LiveLaw: For an average person wanting to
decipher the exact problems of the Indian judiciary, and the remedies that may
be effective, what does your report offer? Delay and the lack of judicial
access are things which one can easily recognise, but does your report offer
any systemic remedies for these problems, which we need to campaign for?
HBN: The Report has been written in a form and
manner that makes it accessible to non-lawyers as well. We have used a lot of
charts and other visual media to make it friendly to the lay person. Systemic
remedies are the next step and we are working on identifying two or three
easily implementable steps. One of the things we are focusing on is simple
steps to increase judicial time by a combination of technology and case flow
management. We are trying to run a few pilots to test these possible solutions.
LiveLaw: If one reads the report right, it is
the lower judiciary whose effectiveness we should aim at. Therefore, the
investment in the training of the court staff, and the Judges, does make sense,
would you agree?
HBN:
Yes, the lower judiciary is where the bulk of the cases are held up. Yes,
investment in training of court staff and judges makes sense. However, it is
not happening at the scale that is required, particularly for the staff.
LiveLaw: On the administration side, you appear
to support a separate cadre of court administrators. Is it the first time that
such a suggestion is being made? What has been the feedback from the judiciary
so far?
HBN: Yes, we do support a separate cadre of
court administrators. The concept of court managers has been implemented in
some states, but their impact is not visible, mainly because their roleand
powers and their position in the administrative hierarchy has not been
adequately defined and identified. Feedback from judiciary has been positive on
court administrators. Of course, the main concern is that it should not
adversely impact judicial independence and we agree with that.
LiveLaw: You are also critical of the judges
being involved in the administration of the courts. But if the speeches made at
the report release function in New Delhi are any indication, the judges love
that kind of work, and are also probably distrustful of others being entrusted
with it. Therefore, how will you convince the Judges that administration is not
their area, and they should keep away from it.There was also a proposal to
transfer the responsibility for administration of courts to professionals from
the judges. Will the Judges trust the professionals?
HBN: We are critical because of two reasons- a)
Judges do not have the time for it as they are busy with judicial functions, so
policy level administrative decisions tend to get ignored and keep getting
postponed. Conversely, administrative responsibilities should not come in the
way of discharging judicial functions efficiently. After all, people become
judges because they want to write judgments and be known for that, not for
administrative acumen; b) judges are not experts in process and systems, they
get appointed as judges because of their legal expertise. So, to expect them to
also manage the judicial system is not fair. It is not a question of whether a
few them excel in it or like it, it is just that they should not be doing
it. Our judicial system is now vast and requires full time expert
attention. Judges do not have the time or expertise to provide that. Of course,
there may be exceptions, but that just proves the broad point.As I mentioned
earlier, judges recognize the need for professional support. If an appropriate
system is proposed, I do not see why they will not accept it.
LiveLaw: Does the proposal to create the
National Court of Appeals make sense to you? Will it help to relieve the
Supreme Court of the burden of routine cases, because of which it is not able
to focus on the Constitutional cases?
HBN: We have not studied this issue in detail
to provide insightful comments.
LiveLaw: The controversy over the finalisation
of the Memorandum of Appointments to appoint Judges of the higher Judiciary has
led to a huge gulf between the Government and the Judiciary. How do you think
this can be resolved, and what will be the consequences, if it is not resolved
sooner rather than later.
HBN: Once the Government has accepted the NJAC
judgment, I don’t see why they are trying to win points through the back door.
The Government has no choice but to follow the judgment as it is the law of the
land. Consequences are already visible. The High Courts cannot function at 50%
of their strength. Backlogs are only going to increase. I hope this limbo does
not continue.
LiveLaw: Specifically, what kind of cases are
clogging the system and what can be done about it?
HBN: For example, in the civil justice system,
land is the big elephant. Our data suggests that about 70% of cases relate to
land. There are two factors here- a) the law declared by the SC and the HCs are
not implemented properly by lower courts in a number of cases, leading to
unnecessary appeals. This is clear if you look at the reported cases. In most
of the cases the law is clearly laid down already, and the HC only repeats it.
So, we need to address this. b) Second, land law reforms are overdue. Our land
laws are more probably the most confusing in the world. That needs to happen.
Also, we need to get rid of the powers of revenue authorities which are
operating to create confusion on ownership of land. It is a historical relic
and needs to be given a burial. Similarly, in High Courts, writs form a
significant number of cases filed every year. And most of these are linked to
bureaucratic inaction, apathy and deliberate non-compliance with declared law.
Unless the higher judiciary comes down heavily on some of these issues, they
will continue to add to the numbers before the judiciary.
LiveLaw: From your data, is it possible to draw
an inference about the efficiency of Judges across the States?
HBN: Yes, it is possible to do that. However, we
have not ventured into that because data is not uniform across States and
patchy even across districts in a particular State. So, it will be an
inefficient inference about efficiency. If uniform data is available, it is
possible to do it.
LiveLaw: What are the factors which can help to
maximise judicial time?
HBN: First, purely administrative issues in a
case should not be brought before judges, for e.g., no translated copies,
service has not happened, etc. I appreciate that some issues may require exercise
of judicial discretion, but most process issues do not require that. Second, we
should limit the number of cases listed every day (and actually most HCs have
drafted case flow management rules mandating this, but it has not been
implemented even though there is a Supreme Court judgment on the point). This
will ensure that judges spend more time on each case in a day. If you multiply
the total number of cases before each judge at any given time and do an
analysis it is not necessary for 100 matters to be listed for hearing each day.
It unnecessarily puts pressure on judges. Also, lawyers know that if they ask
for an adjournment they will most probably get it, as the judge is pressed for
time. All this not only takes away judicial time, but also adds to the delays.
LiveLaw: Your report says that rather than
judge-to-population ratio, what should be considered is the
litigation-to-population ratio. What then is the ideal litigation-to-population
ratio for India, and what is the existing gap between that ideal and the
reality? And how this gap could be filled?
HBN: Yes, judge to population ratio is not the
correct metric. We should focus on litigation to population and the judge per
1000 cases ratios instead. We are working on a comparative ratio currently and
will be publishing results shortly.
LiveLaw: In the introduction, while summing up
Alok Prasanna Kumar‘s essay, you say that the question whether Judges are
uncomfortable about deciding certain types of cases, leading to severe delays
remains unanswered. Is it because data regarding this is difficult to obtain?
HBN: Yes, data is not available. While lawyers
know the reasons why some judges do not pass orders on certain kinds of
matters, it is not recorded anywhere. And we cannot equate all delay in passing
orders to judges being uncomfortable with certain kinds of cases. Therefore,
data alone cannot throw light on this issue. Qualitative analysis is required,
but that makes it subjective and we end up entering a realm of speculation!
Burden
of enforcing right to life & to speedy trial by SC and the exchequer is
worth undertaking: Justice V.N.Sinha
Model Prison Manual 2016 has serious anomalies, may lead to human rights abuses: Activist & Expert Smita Chakraburtty Justice V N Sinha, who retired from Patna High Court, had been Member of National Legal Services Authority (NALSA) on the recommendations of the Chief Justice of India in 2014 and continued as such till he demitted office in 2015.
Model Prison Manual 2016 has serious anomalies, may lead to human rights abuses: Activist & Expert Smita Chakraburtty Justice V N Sinha, who retired from Patna High Court, had been Member of National Legal Services Authority (NALSA) on the recommendations of the Chief Justice of India in 2014 and continued as such till he demitted office in 2015.
Justice Sinha, commissioned Smita Chakraburtty,
to inspect all the 58 prisons of the state of Bihar, to find out about the
physical and legal status of each and every prisoner living in the prisons of
Bihar. Smitas report was subsequently published by Bihar State Legal Services
Authority. Justice Sinha and Smita have jointly presented the Bihar Prison
Report in various forums since then.
Smita Chakraburtty, is an Independent
Researcher and Activist working on Prisoners’ Rights. She is also Consultant
Specialist- Court and Criminal Justice System with Azim Premji Philanthropic
Initiatives- APPI. (Views held by Smita, are her own and does not reflect any
other individual or organization). Both Justice Sinha and Smita Chakraburtty
shared their views on issues of interest with Livelaw.
Excerpts:
Q: The Supreme Court’s recent rejection of the
plea by two acquitted prisoners in the Akshardham case for compensation has
disappointed those who expected the court to support fundamental rights of
citizens who suffered wrongful imprisonment. What is your response to the
court’s justification for not entertaining it, though it did not give a
reasoned judgment, with the petitioner opting to withdraw his petition.
A.
JUSTICE V.N.SINHA : I haven’t read the
Akshardham case papers other than as and when reported in the newspapers.
However, from what I understand from the media reports after the Supreme Court
judgement in the matter, that in the Akshardham case the SC perhaps did not
consider the prayer of petitioners for grant of monetary compensation on
account of 11 yrs of procrastinated delay in earning clean acquittal. Perhaps
the court did not find the petitioners victims within the definition of
‘victim’ as defined in Cr.P.C. 1973 and covered by Victim Compensation Scheme
2011-14, framed under the Cr.P.C. itself. By the constitutional mandate of
right to life enshrined in Article 21, speedy trial or trial within a
reasonable time is a fundamental right read by the SC in right to life as far
back in 1979 in the case of Hussainara Khatun (1979 AIR 1369, 1979 SCR (3) 532).
For violation of that right petitioners accused in the Akshardham case
underwent agony of trial for 11 years, which period by no means is a reasonable
timeline for disposal of a trial. Thereafter, the accused earned a clean
acquittal. I am reminded of the case of Rudal Shah [AIR 1983 SC 1086], in which
in spite of acquittal he remained in the prison for 14 yrs. For such illegal
detention and harassment Rudal Shah was compensated by the State of Bihar on
the direction of the SC in its Writ Jurisdiction. Similarly, SC could have
considered the prayer of the petitioners in Akshardham case for violation of
their right to speedy trial in the manner it thought appropriate. True it is,
that the direction by the SC for payment of compensation could have opened the
floodgates. As those whose right to speedy trial has been violated would begin
to approach the SC with similar prayer which would not only burden the court
but also the exchequer. Right to life/ speedy trial is the most coveted amongst
the democratic rights, enshrined in Part III of the Constitution. Burden for
enforcing the same by the Apex Court and the exchequer however is worth
undertaking. In any case the same could have been taken care of by relegating
similar persons to approach the HC under Article 226 and directing those who
were responsible in causing the delay, to shoulder the expenses of the
compensation. Thereby all those who are responsible for the inordinate delay in
the investigation/trial which has plagued the Justice Delivery system, could have
been alerted, thus ensuring Access to Justice to the most vulnerable amongst
the weak in the society as enumerated in section 12 of the Legal Services
Authorities Act 1987.
SMITA CHAKRABURTTY: Prisoners are treated as
the crumbs of the society and imprisonment induces psychological scar. To
suffer the burden of the terror tag, and being shunned into silence of
confinement for over a decade, is a gross violation of human rights. Prison is
a taboo. To the society, a terror accused is a terrorist. Even after a clean
acquittal, the released prisoner continues to be considered a terrorist. Under
such circumstances the one who has been wronged can only look up to the
institution of justice, though no amount of monetary compensation can right the
wrongs thus suffered. But it can only acknowledge the fact that a person was
wronged. This acknowledgement holds a high moral standing, which keeps the
faith alive of the people in the justice delivery system. Moreover, the SC has
several jurisdictions civil, criminal, constitutional and others. When an SLP
is filed it is invoking only civil, criminal or other jurisdiction. But when a
writ petition under Article 32 of the Constitution of India is filed by the
petitioners, it is invoking Writ Jurisdiction of the Hon’ble SC, for redressal
of violation of Fundamental Rights, including right to life as enshrined in
Article 21 and 22 of the Constitution of India. When there is a case of gross
violation of fundamental rights as in the above mentioned case, the petitioner
approaches the Apex Court hoping that the SC under its Writ Jurisdiction will
exceed human heights and stand in defence of human rights, in contravention of
all other problems such as opening of the floodgates for compensation.
Q: The Supreme Court’s recent judgment
in the Manipur encounter case has given rise to hopes that there is scope for
seeking accountability of security forces. Can we say AFSPA is on the way out?
JUSTICE V.N.SINHA: Whether AFSPA is on its way
out was not within the scope of the judgement, as in the said case,
constitutionality of the charging sections, 3 and 4 of AFSPA was not under
challenge. Yet in the said judgement, the SC has recognised right to know in
connection with enforced disappearances and extrajudicial killings with reference
to the resolution articulated in 62nd session of the Human Rights Commission by
the United Nations High Commissioner for Human Rights in paragraph 8. It has
specifically mentioned in paragraph 3 itself “without knowing the truth the law
can’t be tempered with justice”. SC further observed in paragraph 91 and 92
that there cannot be any justification declaring a particular area as disturbed
area for 60 long years by observing “Whatever be the case, normalcy not being
restored cannot be a fig leaf for prolonged, permanent or indefinite deployment
of the armed forces (particularly for public order or law and order purposes)
as it would mock at our democratic process and would be a travesty of the
jurisdiction conferred by Entry 2A of the Union List for the deployment of the
armed forces to normalize a situation particularly of an internal disturbance”.
The most important aspect in the judgement is that SC has questioned the use of
excessive force and thereby questioning the impunity enjoyed by the armed forces
by observing, “There is a qualitative difference between use of force in an
operation and use of such deadly force that is akin to using a sledgehammer to
kill a fly; one is an act of self-defence while the other is an act of
retaliation”.
SMITA CHAKRABURTTY: I second Justice
Sinha when he says whether AFSPA is on its way out was not within the present
scope of the judgement. But this is certainly a step forward as the strongly
worded judgement has broken the fangs of the draconian law by putting impunity
enjoyed by the armed forces under the scanner. It has raised questions
regarding the use of excessive force. However, considering the long standing
movement of the people of Manipur regarding the removal of AFSPA, and the over
a decade-long indefinite fast of Irom Sharmila [who has since announced her
intention to break her fast, after this interview] demanding the same, this
judgement though a welcome judgement is actually too little too late. There
shouldn’t be any scope for draconian laws like AFSPA or UAPA in a democracy.
Such laws though seen as a normative blight or a necessary evil, only exposes
the weakness of an institution and pinpoints to the failures of democracy.
Q: You have visited a number of prisons
in various states. Can you share with the readers your most lasting impressions
in these visits?
SMITA CHAKRABURTTY: It is difficult to point
out to a particular incident.I have visited several prisons and interacted with
thousands and thousands of prisoners. To step inside a prison and witness
people live under confinement is in itself a disturbing sight, which can leave
a person emotionally rattled. I had met a woman in a prison in Bihar, who
alleged to have been raped in prison. She alleged that after that horrific
incident she was further subjected to brutality. She was dragged out of the
woman ward, stripped and beaten senseless in full view of the male prisoners.
Police filed charge sheet in that case after a delay of two years. What caused
such a delay when the woman prisoner was in prison and the accused were also
easily approachable, as they were from among the ranks and file of the prison
staff itself, I cannot tell. When I met the prisoner, she was staying alone in
the woman ward of the same prison where the dreaded incident she alleged had
occurred. She didn’t weep or shout but remained calm and was convinced that I
was of no good to her. I tried to explain to her my purpose of visit and wanted
to assure her support but she remained unconvinced. I had never witnessed
before such deep cynicism among prison inmates with the institution of justice.
She appeared as if she had nothing more to lose and had given up on all hope
for justice. I felt deeply ashamed.
Q: There have been sporadic reports of
prison riots in the country. What, according to you, are the reasons, and how
they can be remedied?
SMITA CHAKRABURTTY: Confinement is depressing.
Prison is an opaque institution, where prisoners are made to live under inhuman
conditions, governed by stringent and arbitrary rules and regulations. Prison
department is under state domain and is subject to neglect as there is lack of
political will to improve prison conditions. Punishment is interpreted as
justice thus inhuman treatment meted out to prisoners are justified as justice.
Not only prisoners, even prison staff are neglected. Prison staff are under-
paid, under- trained and overburdened. Under such circumstances where both the
staff and the prisoners are under excessive stress, prisons turn into high
tension zones which are prone to outbreak of sporadic riots. There is no easy
way out of this situation. But humane treatment meted out to prisoners and
serious effort to address prisoner grievances can definitely stop prison riots.
Time and again the respective High Courts and the Supreme Court has
meticulously insisted upon improvement of prison conditions. One recent such
judgement is of the Rajasthan High Court delivered on the 27th of January this
year by Justices Mohammad Rafiq and J.K. Ranka. It is noteworthy because the
judgement is outstanding in its detailed instructions to improve physical
conditions of prisons of the state. Though the judgement is restricted only to
the state of Rajasthan, but it definitely has persuasive value in the other
states. Moreover, in 2015 in its landmark judgement regarding inhuman
conditions prevailing in 1382 prisons, the Supreme Court instructed Ministry of
Home Affairs to constitute a multi-disciplinary committee to review the Model
Prison Manual 2003, update it and reframe it at par with recent judgements and
changes in technology. Accordingly, Model Prison Manual 2016 was drafted, with
special chapters dedicated for maintenance of prisoners, repatriation,
execution of sentences, education, welfare, legal aid, woman prisoners, young
offenders, prison computerisation and remission. Yet MPM-16 is not free from
aberrations, which needs immediate intervention.
Q: What is wrong with the draft Model Prison
Manual 2016? Should the Supreme Court step in to stop the states from adopting
it without necessary changes?
SMITA CHAKRABURTTY: In spite of consistent
effort on the part of the Supreme Court to have an updated prison manual, which
would be instrumental in bringing about change in the prison system and make it
humane, the one chapter on Prison Discipline has serious anomalies, which
creates scope for Human Rights abuses. In Chapter 21, under Prison Offences and
Punishments 21.09. it will be considered a prison offence if prisoners complain
against prison officials. [Rule (x) “Making false, malicious and groundless,
written or verbal, complaints against prison officials”.] Who is to decide
whether the complaint filed by the prisoner is false or malicious? But if
filing a complaint is seen as a prison offence then it is actually prohibiting
prisoner from filing grievances and encouraging breeding resentment, which can
prove counter-productive and lead to riot. Similarly, under rule (xxiii) going
on a hunger strike is also considered a prison offence! Registering a
non-violent form of protest cannot be seen as an offence in a democracy, even
inside prison. Again, under Duties of Prisoners, [Rule 21.15], (iii) prisoners
are asked to abstain from singing, laughing loudly, talking loudly! And in Rule
21.15 (v) prisoners are prohibited from receiving ganja, which can be
understood. But under the same rule prisoners have been prohibited from
receiving books or writing material too! Also, under the duties of prisoners in
Rule 21.15 (xx) it has been laid down that prisoners are “not to undertake any
agitation, organized protest or hunger strike”. In addition to the above
mentioned rules under major punishments, Rule 21.11.2 (iv) refers to when a
prisoner forfeits earned remission beyond 10 days. Without an upper cap and
intervention of an appellate body, forfeiture of remission is cruel and
inhumane. If there is any scope for the existence of the above mentioned rules
as elaborated in chapter 21, of the MPM-16, then it nullifies and invalidates
all progressive reform brought in through the other chapters in an attempt to
make prisons humane. The states are in the process of adopting MPM-16. Thus
there should be immediate intervention to remove these aberrations from being
adopted.
Q: What is the scope of remission after
the Sriharan @Murugan Judgement of December 2, 2015?
JUSTICE V.N.SINHA: In the Murugan
judgement constitution bench of the SC by majority, revisited the powers of the
appropriate Government. to grant commutation and remission both to prisoners
serving life and other sentences. After referring to Section 432(2) of Cr.P.C.
it required the appropriate Government. to seek opinion of the sentencing court
on the question of grant of remission. Thus further empowering the sentencing
court to put a restriction on the powers of the appropriate Government in
granting remission thereby endorsing the view taken in Swami Shradhanand case.
However, I am afraid section 432(2) of Cr. P.C. may not serve its useful
purpose. I have also been informed by Om Prakash, Member Secretary Bihar State
Legal Services Authority-BSLSA, that recently Bihar Remission Board had to
adjourn the proceedings twice as the report of sentencing court had not reached
in time or it was not in accordance with the Supreme Court’s observations in
Sriharan @ Murugan. According to Om Prakash, “the opinion of court will be
based on the conduct of accused during trial and the Presiding Officer-PO of
the court may be unaware about the changes in his conduct in the prison after
conviction. Also, the present PO of the sentencing court will have to go
through the entire record of the case which was recorded by some other PO more
than 14 yrs ago. At times the original records might not be readily available
in trial court. Thus unnecessary delay may be caused in giving opinion to the
Remission Board. Moreover, opinion based on old facts will hardly serve any
useful purpose as the accused may be a changed man after more than 14 years of
incarceration.”
SMITA CHAKRABURTTY: Remission is hope
for the prisoner and is very hard-earned. Any uncertainty regarding remission
causes anxiety among prisoners who are already under distress due to prolonged
imprisonment. The requirement of seeking report from the PO of the sentencing
court might be unworkable due to various technicalities involved. Moreover, the
process is an added layer to the already complicated process of considering
grant of remission by the remission board and the prisoners are at the
receiving end of the delay thus caused. There are some prisoners in Bihar who
are from Buxar Open Prison. They too are awaiting remission. The very fact that
they are now in Open Prison stands witness of their good conduct in
confinement, one wonders why they are made to suffer the delay in obtaining
remission. Also, prisons are now considered Correctional Homes, with objective
of reform and correction not retribution. Thus after prolonged imprisonment if
the inmate is still found unfit to be returned to the society then it is the
failure of the Correctional Institution, which requires deep introspection.
Q: Recently, there was a news report
stating that a three-year old was sent to jail for two weeks in Madurai. How do
you react to this?
SMITA CHAKRABURTTY: This clearly proves
that first physical production in the court within 24 hours of arrest does not
happen, even though it is mandatory. This means that the accused is not being
taken inside courtroom in front of the judge. During the first physical
production, it is the duty of the judge to speak to the accused, then give him
or her bail, or send the accused to jail. Had the magistrate done his duty,
then he would have seen the kid, and immediately dismissed the case.
PIL – Justice Delayed
& Justice Denied
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2016
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India &
Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE
CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER
ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
a. Every human being , every Indian citizen are
equal and guaranteed equitable justice as their
human right and Constitutional right.
b. In india mafia of powers that be and
government ensure that cases drag on for years , so
that poor litigant either dies before judgement day
or opts out in the middle. Due to this delaying tactics
, many poor people rather suffer injustice instead of seeking
justice in courts. Mafia indirectly forces them
to keep away from litigation.
c. Due to occupation induced health problems my
health is deteriorating day by day , some of the PILs concerning national
security , public welfare I have filed are two
decades old , still no justice in sight. Judges not even
admitted the cases.
d. Actual working hours , working days for judges
are less in india. Too many case adjournments , less number
of judges , too many holidays for judges like summer vacation
, winter vacation , working hours less than 8 hours per day , etc.
e. Judges work less but enjoy 5
star pay & perks at public expense.
f. Due to denial of justice common people
suffer injustice for more time or till their death. Say some
falsely implicated persons suffer in jail for years till their acquittal
by courts , some petty criminals whose crime
attracts one year imprisonment suffers in jail for ten
years. Because they are not well connected , cann’t afford hi fi
advocates , bail fees.
g. Due to lethargic judiciary , some
land acquisition cases drag on for years
land looser suffers also the project
cost escalates by hundreds thousands
of crores of rupees.
h. The lethargic Judiciary in India
itself is the biggest violator of common man’s human
rights , fundamental rights. It is the culprit responsible for loss of
thousands of crores of rupees to public exchequer due
to project cost escalations.
i. when a common man’s human rights , human
rights is violated in the form
of delaying tactics by court of law ,
judiciary , the presiding judge becomes a criminal and liable to
pay damages to the aggrieved.
j. The central government and state government
yearly spend thousands of crores of rupees
unnecessarily like purchasing new cars for
ministers , renovation , interior decorations of
minister’s bungalows , foreign jaunts , etc. These are all
not priority one spending. Out of these
spending how many more judges could be appointed
, paid salaries.
k. when compared to project cost
escalations of thousands of crores of rupees caused
due to case delays , is it not wise on the part of
government to appoint requisite number of judges with
additional budget burden of few crores of rupees.
l. Both central and state governments
are the biggest litigants in the country.
m. Government is manipulating judicial process by
denying finance to appoint more judges , to create more court
infrastructures.
n. We common people are imposed with time
limits to mandatorily comply with, in our interactions with other public
, with government authorities , with courts itself. For our failures we common
people are penalized.
0. Paradoxically , there is no mandatory time limits
for judges , public servants to finish specific works concerning public.
In most of the cases they adopt delaying tactics , deny justice still
they are not penalized and don’t pay any compensation to the
aggrieved public.
p. Due to delaying tactics of judges , many
anti national crimes , terror attacks took place and still
continuing which could have been well averted in time if
judges took timely action. For helping mafia by the way
of delayed justice , mafia rewards some of those judges with post
retirement postings , promotions , site allotments , etc.
q. The Judiciary has the right , authority , power to
order government to allocate finance for appointing
judges , setting up court infrastructure. If the government
gives ruse of no money in it’s account ,
courts can definitely monitor spending of government , cut down
on waste , non-priority spending of government , divert such money
for appointment of judges , court infrastructure development. No
need for CJI to weep before prime minister.
Judges themselves never consider the sufferings
of weeping litigants. It shows the weakness of
CJI and a shame to our nation.
We once again appeal to Honourable CJI , Supreme Court of
India to take action on the following PILs , to
answer the show cause notice and to order the concerned public servants
to answer RTI questions. The officials of SCI don’t even have
etiquette , decorum to reply to our letters. Some of my
appeals are two decades old.
Remember the basic fact you
are all enjoying 5 star pay , perks at the expense of public and owe your
duty to public. Are not judges drawing huge
salaries , 5 star pay , perks on time without fail , on 01st of
every month? Have they forgotten to take salary in 25 years , but they keep
cases pending for 20 - 25 years. CJI weeping
before Prime Minister shows the weakness of the judiciary
& a shame to the nation. Judges never consider sufferings
of weeping litigants in cases. Judges themselves are
responsible for long pending cases.
Don’t refer the case to police as
they don’t have power , authority to enquire high & mighty people ,
judges & previously they have failed and the
case is to subject some police officials , judges themselves
to enquiry. Referring the case to police is nothing but attempt to bury
the truth , only supreme court monitored transparent enquiry by
CBI is right.
Delaying tactics of judges is
only helping the criminals , anti nationals and terrorists. Please
refer below mentioned sample cases of Justice delayed
for years to innocents , sufferings of their family members. No judges ,
police are bothered. Are not the the respective judges , police guilty of
defaming those innocent persons , spoiling their livelihood , gross violation
of their civil rights ? why not those guilty judges , police are paying
compensation to victims of their wrong actions ? But the very
same guilty judges , police are SHAMELESSLY enjoying 5
star pay perks from public exchequer for decades.
Bail system , Parole system are in favour of rich crooks
in india , cases of rich crooks move at faster pace wheeas the
cases of poor which are although older still continues. Judiciary , it’s system
are biased. Consider the sample cases of sanjay dutt , salman khan ,
jayalaita. Our judges , Police don’t have spine to enforce rule of
law on rich crooks , while they put full force , might on poor innocents.
If anything untoward happens to me or to my
dependents Chief Justice of India together with jurisdiction police
& District Collector will be responsible for it.
Rot in judiciary is decades old. Honourable CJI sir , weeping is
not right constitution of india has given you the authority , TAKE ACTION
DO YOUR DUTY. People , History will remember you forever with respect. Anyway
you are getting very good 5 star pay & perks , will also get decent pension
after retirement from government. First forget about post
retirement postings , discretionary allotment of sites , etc from
government then you can work fearlessly. Both central & state governments
are biggest litigants in the country , IAS babus make wrong application ,
interpretation of laws leading to litigations. Start by clearing the
rotten eggs within the judiciary. When judiciary & police in a
country strictly uphold law , work impartially that country surpasses
even heaven.
Do remember on the D Day , in the Court of
Almighty everybody CJI , Judges , prime ministers , common man
alike has to bow his head. In who’s court there is no match fixing
, no techinicalities , no vociferous hi fi advocates , no bias based on caste ,
religion , region , community , etc , only straight simple account of
wrongs & rights. Guess his judgement in your case. GOD BLESS
US ALL.
2. Question(s) of Law:
Is it right for judges to deny justice . is it
right on the part of judges to delay justice under various ruses to
common man , violate their human rights , fundamental rights.
3. Grounds:
Requests for equitable justice , Prosecution of judges ,
police , public servants responsible for case delays.
4. Averment:
Please read details at :
Honourable Chief Justice of India TAKE ACTION
https://sites.google.com/site/eclarionofdalit/honourable-cji-take-action
,
https://www.scribd.com/doc/312858947/Honourable-CJI-Take-Action
Hereby , I do request the honorable supreme court of India to
consider this as a PIL for : “writ of Mandamus” and to issue instructions to
the concerned public servants in the following cases to perform their duties
& to answer the questions.
The Petitioner has sent many letters / appeals / petitions to
supreme court of india & other courts through e-mail , DARPG website &
through regular mail requesting them to consider those as PILs. But none ofthem
were admitted , even acknowledgement for receipts were not given. See How duty
conscious ,our judges are & see how our judges are sensitive towards life ,
liberty of citizens , common men & see how careless our judges are towards
anti national crimes , crimes worth crores of rupees. That the
present petitioner has not filed any other petition (which are admitted by
courts) in any High Court or the Supreme Court of India on the subject matter
of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may
be pleased:
a . Hereby , I do request the honorable supreme court of India
to consider this as a PIL for : “writ of Mandamus” and to issue instructions to
the concerned public servants , Tax Authorities , Law Enforcement
Agencies , RBI authorities in the following cases to perform their duties
& to answer the below RTI questions.
b . to pass such other orders and further orders as may be
deemed necessary on the facts and in the circumstances of the case.
c. To legally prosecute responsible ,
concerned judges , police & public servants.
d. To cancel winter , summer vacation holidays for
judges.
e. To bring down the holidays of courts
per year to twelve on the lines of industrial establishments.
f. To make it mandatory for judges to conduct
court hearings for 8 hours per day.
g. To bring down unnecessary court adjournments.
h. to reserve precious court timings only
for arguments , cross examination of litigants , witnesses.
i. to use information technology , internet
for issue of notices , summons and litigants
submitting documents , applications instead of wasting court
time.
j. to introduce working of courts on shift basis in
the same infrastructure.
k. to appoint retired judges immediately
to bring down gaps in judges requirement.
l. to order the biggest litigant
government of india and all state governments to frame
laws strictly in accordance with
constitution.
m. to order governments to give proper
training for public servants , IAS officers , KAS officers , others
about law of the land.
o. to make specific public servants personally
responsible for wrong applications of law while
discharging their duties and to make them pay
compensation from their personal pockets.
p. to order Chief Justice of India to pay
compensation of Rupees TWO CRORES to Nagaraja Mysuru
Raghupathi editor SOS e Clarion of Dalit & SOS e Voice for Justice ,
towards the damages he has suffered due to delayed justice.
q. to order the respective judges , police in all cases of case
delays more specifically in the below mentioned cases to pay compensation
to innocent victims. Make a guideline for compensation payment. Legally
prosecute guilty judges , police.
r. to frame a guideline for bail & parole procedure. When it
is violated by judges , police , jail authorities , other public servants order
them to pay compensation and legally prosecute guilty judges , police ,
jail officials.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND,
EVER PRAY.
Dated : 08.06.2016……… ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….
PETITIONER-IN-PERSON
CJI a Criminal ?
Case of Fence eating the crops ? Guard himself stealing ? Accountability of Judges a MUST
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.....Petitioner
Versus
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.
A . "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. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C . Every institution in india is directly or indirectly accountable to people , however judiciary alone is not transparent not giving accounts of it’s actions to people.
D . Judges enjoy 5 star pay & perks , making merry at the cost of people’s money , public exchequer , but are not giving accounts of their actions to people , not transparent to the public eye. They are not even honouring RTI applications seeking information about actions of judges , because corrupt judges will be caught red handed.
E . Judges are not super humans nor super brains nor from moon or mars , they are ordinary mortals from the society around us and just like us capable of doing good work as well falling prey to human lures like bribe , corruption , favoritism , etc.
F. Judges think they are sole custodians of constitution of india , in fact every citizen of india is a custodian of constitution of india.
G . Collegium of judges is nothing but a coterie , a MAFIA proof - unfit corrupt persons like dinakaran , another judge involved in mysore roost resort sex scandal being selected by SCI collegium promoted to the apex court. It is just the tip of iceberg , behind the judicial veil of secrecy many corrupt judges are hiding. Hereby , I challenge Honourable supreme court of india that subject to conditions I will bring to book corrupt judges who are hiding behind the veil. Are you ready ?
H . When compared to some corrupt judges who are nothing but criminals , a drain , parasites on our public exchequer , society , the child workers who are hard working earning less than rupees 32 a day are far better , great human beings.
I . Ofcourse when the court identifies that intentions of an act of parliament as unconstitutional , it has the right to strike it down to uphold the supremacy of constitution. NJAC Act passed by parliament was in fact filling a legal vaccum about accountability & selection of judges and in turn strengthening the constitution of india. But by striking down NJAC Act of government of india , supreme court of india is weakening constitution of india , making contempt of parliament , constitution & all Indian citizens. If at all supreme court was really sincere it could have suggested more alternatives for transparent , accountable judiciary with appropriate transparent provisions for guarding judicial independence.
J . When government of india passed unconstitutional acts like land acquisition bill , special status to Kashmir , against uniform civil code promoted unequal differing civil laws for various religion people and Bhopal gas victims act , nuclear energy act , etc , did it not dawn on supreme court of india that it is the sole custodian of constitution ? then why not SCI strike down those unconstitutional parliamentary acts ?
K . It is the duty of Supreme Court of India to Protect , Guard the constitutional rights of every Indian citizens . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
L . Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.
M . Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?
N . If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?
O . The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.
P . When a Judge Himself Commits Crime , When a POLICE Himself robs , Murders ….
The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.
just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?
it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
I have shown in the following attachment how justice is bought , purchased , manipulated in INDIA with actual cases. Just see the recent examples of supreme court judges involved in sexual assault case & ROOST Resort Mysore Sex scandal involving judges , if any ordinary fellow had committed the same crimes he would have been hauled over the coal fire. Just take another recent example of Prisoner Movie actor sanjay dutt , TADA provisions were diluted by the judge to favour him and now he is getting parole week after week while the ordinary convicts never get a single parole throught their sentence. What Brilliant Judges , what brilliant police sirji.
2. Question(s) of Law:
Are Judges above Law & can go scot free ? Can judges cheat , rape , swindle others and go scot free without legal prosecution ? Why guilty CJIs were not legally prosecuted in a fair & transparent manner ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in selection & functioning of Judges.
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.
We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. 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. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :
Half of former CJIs Corrupt :
https://sites.google.com/site/sosevoiceforjustice/half-of-former-cjis-corrupt ,
https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,
Atrocities on Women by JUDGES
https://sites.google.com/site/eclarionofdalit/atrocities-by-judges
A – Z of Manipulation of Indian Legal System
http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
Justice Sathasivam - Are you DEAF DUMB & BLIND
https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,
Rajiv Gandhi Assassination Cover-up
https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up ,
SHAME SHAME MPs & MLAs
https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas ,
JUDGEs or Brokers of Justice
https://sites.google.com/site/sosevoiceforjustice/judges-or-brokers-of-justice ,
RTI & Land Golmaal
https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka ,
https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,
https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,
Why NOT 3rd degree Torture of Corrupt Doctors , Police & Judges
http://e-clarionofdalit.blogspot.in/2015/10/why-not-3rd-degree-torture-of-doctors.html#links ,
https://sites.google.com/site/sosevoiceforjustice/3rd-degree-torture-by-doctors-police ,
Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi 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. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.
We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.
In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.
Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.
Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) Hereby , I do request the honourble supreme court of india to make public all the proceedings of supreme court collegiums and correspondence between SCI , President’s office & government of india regarding selection of judges. To make public all the eligibility criteria followed for selection of judges and who filled what criteria , who didn’t fill which criteria and the final ranking.
(iii) Hereby , I do request the honourble supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request the honourble supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.
(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
Read : https://sites.google.com/site/sosevoiceforjustice/pil---writ-of-mandamus-1 ,
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 29th October 2015………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India……………………………………Petitioner in person
Case of Fence eating the crops ? Guard himself stealing ? Accountability of Judges a MUST
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R ,
editor , SOS e Clarion of Dalit & SOS e Voice for Justice ,
# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.....Petitioner
Versus
Honourable Chief Justice of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF
MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Our whole hearted respects to honest few in judiciary , parliament & public service. Our salutes to them , due to honest efforts of those few noble persons only at least democracy is surviving in India.
A . "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. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.
B . As per the preamble of the constitution of India all the people , all Indian citizens are equal in every respect , equally entitled to justice , equally responsible to uphold constitution . Only People , Citizens of India are supreme No Judges , No Ministers , etc are supreme. Judges , ministers , president etc are all public servants constitutionally mandated to SERVE the public , NOT to master over them. Even after 69 years of independence these judges , ministers have not come out of colonial hangover instead become worse treating general public as their servants.
C . Every institution in india is directly or indirectly accountable to people , however judiciary alone is not transparent not giving accounts of it’s actions to people.
D . Judges enjoy 5 star pay & perks , making merry at the cost of people’s money , public exchequer , but are not giving accounts of their actions to people , not transparent to the public eye. They are not even honouring RTI applications seeking information about actions of judges , because corrupt judges will be caught red handed.
E . Judges are not super humans nor super brains nor from moon or mars , they are ordinary mortals from the society around us and just like us capable of doing good work as well falling prey to human lures like bribe , corruption , favoritism , etc.
F. Judges think they are sole custodians of constitution of india , in fact every citizen of india is a custodian of constitution of india.
G . Collegium of judges is nothing but a coterie , a MAFIA proof - unfit corrupt persons like dinakaran , another judge involved in mysore roost resort sex scandal being selected by SCI collegium promoted to the apex court. It is just the tip of iceberg , behind the judicial veil of secrecy many corrupt judges are hiding. Hereby , I challenge Honourable supreme court of india that subject to conditions I will bring to book corrupt judges who are hiding behind the veil. Are you ready ?
H . When compared to some corrupt judges who are nothing but criminals , a drain , parasites on our public exchequer , society , the child workers who are hard working earning less than rupees 32 a day are far better , great human beings.
I . Ofcourse when the court identifies that intentions of an act of parliament as unconstitutional , it has the right to strike it down to uphold the supremacy of constitution. NJAC Act passed by parliament was in fact filling a legal vaccum about accountability & selection of judges and in turn strengthening the constitution of india. But by striking down NJAC Act of government of india , supreme court of india is weakening constitution of india , making contempt of parliament , constitution & all Indian citizens. If at all supreme court was really sincere it could have suggested more alternatives for transparent , accountable judiciary with appropriate transparent provisions for guarding judicial independence.
J . When government of india passed unconstitutional acts like land acquisition bill , special status to Kashmir , against uniform civil code promoted unequal differing civil laws for various religion people and Bhopal gas victims act , nuclear energy act , etc , did it not dawn on supreme court of india that it is the sole custodian of constitution ? then why not SCI strike down those unconstitutional parliamentary acts ?
K . It is the duty of Supreme Court of India to Protect , Guard the constitutional rights of every Indian citizens . Since 25 years I am appealing to SCI about issues concerning public welfare , national security , etc and as a result suffering injustices , my constitutional rights , human rights are repeatedly violated but SCI is mum even when repeated appeals were made to it. Paradoxically , after these appeals for justice , I have suffered more injustices , attempts on my life were made , physically assaulted , livelihood / jobs were denied , news publication closed , press accreditation denied , received threatening calls , blank calls, even to date rough elements follow us , rough elements scout near home at mid night. Does not these indicate some ties between rough elements & SCI Judges ?
L . Eventhough the information is readily available with SCI , information was denied citing unavailability. If at all information is not truly available , why didn’t the CPIO TRANSFER rti application to concerned departments of SCI , Ministry of Law , Justice , Respective High Courts , etc.
M . Does not court administarative officer posess SERVICE REECORDS of each employee including judges. If not on what basis they give promotions , transfers , salary , etc to judges ? The person who posess SR can give infor mation about guilty judges. Why CPIO not asking that person to share infor mation ?
N . If a commonman is alleged of a petty crime he is immediately arrested , put behind bars. Police spend thousands of rupees for investigation to prosecute that petty criminal. Judges spend hours to hear that case & prepare judgements running into tens of pages sometimes even over & above thousand pages. Fine . When the very same police & judge themselves committ grave crimes detrimental to national security , integrity , etc , no arrests , no prosecution only cover-up , WHY ? Are Judges & Police above Law ? Is Judge’s MAFIA at play ?
O . The action of CPIO SCI amounts to cover up of judges & their crimes. Thereby , CPIO is also committing a crime. With respect to previous RTI Appeals also CPIO & RTI First Appellate Authority SCI have repeatedly committed crimes by covering up judges & their crimes. Billions of indians are barely sustaining on a single piece meal a day , we lower middle class people toiling hard to earn a few hundreds of rupees but still paying tax. Is it not shame to them / shame to JUDGEs that they draw pay & perks amounting to lakhs of rupees from our money , from taxes paid by us still not do their constitutional duties properly.
P . When a Judge Himself Commits Crime , When a POLICE Himself robs , Murders ….
The public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all his students will do the same mistake. if a thief steals , he can be caught , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage. even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved.
just think , if a judge himself that too apex court of the land itself commits crime - violations of RTI Act , constitutional rights & human rights of public and obstructs the public from performing their constitutional fundamental duties , what happens ?
it gives a booster dose to the rich & mighty , those in power , criminals in public service to commit more crimes. that is exactly what is happening in india. the educated public must raise to the occasion & peacefully , democratically must oppose this criminalization of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI'S DREAM.
I have shown in the following attachment how justice is bought , purchased , manipulated in INDIA with actual cases. Just see the recent examples of supreme court judges involved in sexual assault case & ROOST Resort Mysore Sex scandal involving judges , if any ordinary fellow had committed the same crimes he would have been hauled over the coal fire. Just take another recent example of Prisoner Movie actor sanjay dutt , TADA provisions were diluted by the judge to favour him and now he is getting parole week after week while the ordinary convicts never get a single parole throught their sentence. What Brilliant Judges , what brilliant police sirji.
2. Question(s) of Law:
Are Judges above Law & can go scot free ? Can judges cheat , rape , swindle others and go scot free without legal prosecution ? Why guilty CJIs were not legally prosecuted in a fair & transparent manner ?
3. Grounds:
Requests for equitable justice , free expression & protection to life & liberty. Transparency , accountability in selection & functioning of Judges.
4. Averment:
GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY JUDGES MENTIONED IN THE BELOW MENTIONED WEB SITES & FOLLOWING ARTICLES.
We salute honest few in public service , Judiciary , police , parliament & state legislative assemblies. our whole hearted respects to them. 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. I HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS AT :
Half of former CJIs Corrupt :
https://sites.google.com/site/sosevoiceforjustice/half-of-former-cjis-corrupt ,
https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police ,
Atrocities on Women by JUDGES
https://sites.google.com/site/eclarionofdalit/atrocities-by-judges
A – Z of Manipulation of Indian Legal System
http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System ,
http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal ,
Justice Sathasivam - Are you DEAF DUMB & BLIND
https://sites.google.com/site/eclarionofdalit/justice-sathasivam---are-you-deaf-dumb-blind ,
Rajiv Gandhi Assassination Cover-up
https://sites.google.com/site/sosevoiceforjustice/rajiv-gandhi-assassination-cover-up ,
SHAME SHAME MPs & MLAs
https://sites.google.com/site/sosevoiceforjustice/shame-shame-mps-mlas ,
JUDGEs or Brokers of Justice
https://sites.google.com/site/sosevoiceforjustice/judges-or-brokers-of-justice ,
RTI & Land Golmaal
https://sites.google.com/site/sosevoiceforjustice/rti-land-golmaal-in-karnataka ,
https://sites.google.com/site/sosevoiceforjustice/land-grabbers-in-m-u-d-a ,
https://sites.google.com/site/sosevoiceforjustice/judges-cover-up-land-scams ,
Why NOT 3rd degree Torture of Corrupt Doctors , Police & Judges
http://e-clarionofdalit.blogspot.in/2015/10/why-not-3rd-degree-torture-of-doctors.html#links ,
https://sites.google.com/site/sosevoiceforjustice/3rd-degree-torture-by-doctors-police ,
Hereby , we do request CPIO O/O Honourable Chief Justice of India , Supreme Court of India , New Delhi 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. Judges are not superior human beings , some of them have even became judges through devious means other than merit , integrity. Judges are public servants drawing salary & perks from public exchequer and accountable to public as any other common man is.
We salute our freedom fighters , military personnel & martyrs for all the sacrifices made by them. Let us build a strong , Secular , Democratic India by getting rid off few corrupt elements , anti nationals , traitors among public servants , among judiciary & among police who are greater threat to India’s unity & integrity than Pakistani terrorists or chinese military.
Information input forms part of process of one’s expression. One’s expression in any forms – written , oral , etc becomes information input to the opposite person , in turn he expresses his reply. Information & Expression are inseparable parts & form lifeline of a democracy. That is the reason , Right to Expression is the basic fundamental right as well as human right of every Indian citizen. When a person’s right to expression is violated , his other rights to equality , justice , etc also are violated. Suppression of Information amounts to curbing of Expression.
In a democracy , people have a right to know how the public servants are functioning. However till date public servants are hiding behind the veil of Officials Secrets Act (which is of british vintage created by british to suppress native indians). By this cover-up public servants are hiding their own corruption , crimes , mismanagement , failures , etc. even RTI Act is not being followed intoto by public servants. However the recent delhi high court ruling affirming that CJI is under RTI purview & bound to answer RTI request , is noteworthy.
Our previous RTI request to CJI , union home secretary of GOI, President of India , DG & IGP of GOK and others were not honored. The information I sought were answers to the following questions mentioned in the below mentioned websites . the questions concerned the past , present continuing injustices meted out to millions of Indian citizens , due to wrong / illegal work practices of Indian judges , police & public servants . The information we sought would expose the traitors , anti-nationals , criminals in public service. The information we are seeking are no defense secrets , no national secrets. The truthful information exposes the anti-nationals , traitors in the public service & strengthens our national security , national unity & integrity.
Hereby , i do request the honourable supreme court of india , for a Supreme Court monitored CBI Enquiry into this whole issue as karnataka police are helpless , they don't have legal powers to prosecute high & mighty , constitutional functionaries. They have not even enquired the guilty VVIPs even once however Under pressure from higher-ups they repeatedly called me the complainant to police station took statements from me all for closing the files.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.
That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) Hereby , I do request the honourble supreme court of india to make public all the proceedings of supreme court collegiums and correspondence between SCI , President’s office & government of india regarding selection of judges. To make public all the eligibility criteria followed for selection of judges and who filled what criteria , who didn’t fill which criteria and the final ranking.
(iii) Hereby , I do request the honourble supreme court of india to uphold the constitution of india and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request the honourble supreme court of india to uphold the constitution of india , to protect the constitutional rights , human rights of all Indian citizens including mine and to enable , facilitate all Indian citizens to perform their Fundamental Duties as per constitution.
(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
Read : https://sites.google.com/site/sosevoiceforjustice/pil---writ-of-mandamus-1 ,
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Date : 29th October 2015………………………………Filed By : Nagaraja.M.R.
Place : Mysuru India……………………………………Petitioner in person
Mercy
Death Plea to Honourable Chief Justice of India
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India , Supreme Court of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"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. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.
4. Averment:
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.
We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.
Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.
The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?
Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.
The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
u. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………………...PETITIONER-IN-PERSON
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India , Supreme Court of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"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. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ? Can Judges & Police intentionally neglect ( to aid criminals ) their duties , while shamelessly drawing tens of thousands of rupees monthly salary & perks on time without fail from public exchequer.
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police. Request for supreme court orders to judges & police to perform their duties properly.
4. Averment:
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
Read the actual case details at following web pages involving judges & police in crimes. The criminal network , corruption net work , MAFIA of Judges & Police is strong , whenever one of their members is accussed , others white wash , bury the case in the name of investigation. Transparent , impartial investigation as in the case of common man is not at all done.
We respect the honest few in judiciary , police & public service. Those honest few are also becoming parties to crime by becoming silent , by not doing their duties , by not arresting their corrupt colleagues. Their by they are covering up crime & aiding criminals to commit more crimes.
Due to these type of corrupt judges & corrupt police innocents, commoners land in jails and some are even hanged for crimes not commited by them , while the rich crooks roam free.
The corrupt judges & corrupt police are shameless people , parasites in our society. They take tens of thousands of rupees monthly salary & perks from our money , tax payer’s money and still don’t do their duties properly. The judges give sermons , judgements running into hundreds of pages when their own folk is in the dock , caught for crimes they intentionally fall silent. The police use filthy language , use 3rd degree torture against commoners , innocents when their own folk is in the dock , caught for crimes , dacoity they don’t use filthy language nor they use 3rd degree torture . Even in fit cases where alleged Judges & Police can be given death sentence , they are spared , why ?
Please don’t send police again to my home neither refer my case to police. They don’t have practical powers to inquire high & mighty judges. They will come to my home , call me to police station , will take a statement from me & will close the file by sending it to head quarters. This has happened previously number of times. If you are honest in intent , Please constitute an impartial , transparent empowered Inquiry committee to deal this case.
The judges , police & public servants intentionally delay taking action in cases and withhold giving information in time , so that evidences are buried in time , gets destroyed and time lapse occurs resulting in the case becoming time barred. Some of PILs submitted by us are 20 years old concerning national security and I was also eligible for free legal aid at the time of application - still the judges & police didn’t take appropriate action however they shamelessly took thousands of rupees salary , perks from our money. Till date no justice in sight instead more injustices meted out to me as a result of this crusade. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
I ,NAGARAJA.M.R. hereby do declare that information given above are true to the best of my knowledge & belief. If i am repeatedly called to police station or else where for the sake of investigations , the losses i do incurr as a result like loss of wages , transportation , job , etc must be borne by the government. prevoiusly the police / IB personnel repeatedly called me the complainant (sufferer of injustices) to police station for questioning , but never called the guilty culprits , rich crooks , criminals even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges , police file fake cases against me or my dependents to silence me , this complaint is & will be effective.
If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents or to my family members - In such case Chief Justice of India together with the jurisdictional revenue & police officials will be responsible for it , in such case the government of india is liable to pay Rs. TWO crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Nudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
u. THESE INCAPABLE JUDGES & POLICE ARE UNFIT FOR THE POSITIONS THEY OCCUPY , IF THEY CANN’T PROVIDE JUSTICE ATLEAST GIVE ME MERCY DEATH.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 16th September 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………………...PETITIONER-IN-PERSON
PIL
– Justice to Human Rights Activist
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India , Supreme Court of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"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. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ?
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police.
4. Averment:
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Mudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2015
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
....Petitioner
Versus
Honourable Chief Justice of India , Supreme Court of India & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"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. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
2. As a result of fighting for public causes , public good I have individually sufferred numerous injustices and still sufferring injustices. My newspaper publication was illegally closed down , my web news paper not given with press accredition , my job oppurtunities in RBI Note press , PES Engineering college , NIE Engineering college , Mysore district court , etc snatched away illegally , I was beaten up , attempts on my life were made even after bringing threats to my life were brought to notice of supreme court of india. See how duty duty conscious our supreme court judges are ? all these sufferrings for public causes I have raised & to silence me.
2. Question(s) of Law:
Are police & Judges above law ? Can Judges & Police Comitt crimes , go scot free ?
3. Grounds:
Requests for equitable justice , Prosecution of corrupt public servants , corrupt judges , corrupt police.
4. Averment:
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
c. To legally prosecute the public servants who are responsible for not giving press accreditation to my web news papers , myself as a journalist and responsible for closure of my news papers.
d. To legally prosecute authorities of M/s RPG Cables Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
e. To legally prosecute authorities of M/s PES College of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
f. To legally prosecute authorities of M/s National Institute of Engineering , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
g. To legally prosecute authorities of M/s Reserve Bank Note Mudran Pvt Ltd , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
h. To legally prosecute authorities of Mysore District Courts & Bangalore District Courts , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.
i. To legally prosecute persons responsible for attempts on my life.
j. to legally prosecute judges , police & CBI officials responsible for cover-up of late PM Rajiv Gandhi assassination case.
K . To provide protection to life , liberty , livelihood , jobs of me , my family members & dependants.
l. To reopen , reinvestigate assassination case of Late PM Rajiv Gandhi.
m. To legally prosecute authorities of supreme court of india for not answering show cause notice issued to them and order them to answer the show cause notice as well as RTI questions given to them by the petitioner.
n. To conduct an impartial , transparent supreme court monitored enquiry into cases mentioned by me.
o. To admit all PILs filed by me in larger public interest.
p. To initiate criminal prosecution of public servants , police & judges who are trying to cover up crime and criminals by denying me information , by not taking action on our appeals , PILs.
q. To award me a compensation of RUPEES TWO CRORES towards the losses I have sufferred and injustices I am still going through for fighting for public causes.
r. To recover compensation amount as land arrears from guilty police , guilty judges & guilty public servants individually.
s. To permit me to work in the investigation team , to assist them in investigation subject to conditions .
t . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 23rd July 2015 ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,HUDCO FIRST STAGE ,
OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017 KARNATAKA INDIA
Cell : 91 8970318202
Home
page :
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http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / ,
Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com ,
A Member of Amnesty
International
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