violation of civil / human rights in india

Honor Civil Rights of Indians

2012-01-20T22:42:00.001-08:00

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Editor: Nagaraja.M.R.. Vol.08..Issue.04........28/01/2012

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

Editorial : Honor Civil Rights of Citizens of India

The indian public servants must learn to respect Fundamental rights , Human Rights of Indian Citizens. They must allow the citizens to perform their fundamental duties without hindrance.

Preamble to the Constitution of India

“ WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.”

Fundamental Rights of Citizens of India

Main article: Fundamental Rights in India

The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society.^[19] Seven fundamental rights were originally provided by the Constitution – right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.^[20] However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.^[21]^{[note 2]}

The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest.^[24] In the Kesavananda Bharati v. State of Kerala case in 1973,^{[note 4]} the Supreme Court, overruling a previous decision of 1967, held that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the Constitution.^[28] The Fundamental Rights can be enhanced, removed or otherwise altered through a constitutional amendment, passed by a two-thirds majority of each House of Parliament.^[29] The imposition of a state of emergency may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President.^[30] The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency.^[31] Parliament may also restrict the application of the Fundamental Rights to members of the Indian Armed Forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under Article 33.^[32]

Fundamental Duties of Citizens of India

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee that was constituted by the government earlier that year. Originally ten in number, the Fundamental Duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. The other Fundamental Duties obligate all citizens to respect the national symbols of India, including the Constitution, to cherish its heritage, preserve its composite culture and assist in its defense. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop scientific temper, abjure violence, and strive towards excellence in all spheres of life. Citizens are morally obligated by the Constitution to perform these duties. However, like the Directive Principles, these are non-justifiable, without any legal sanction in case of their violation or non-compliance., Indian History, World Developments and Civics, p. There is reference to such duties in international instruments such as the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, and Article 51A brings the Indian Constitution into conformity with these treaties.

INDIA: Human rights without justice a utopia

A Submission by the Asian Legal Resource Centre on the Universal Periodic Review (Second Cycle) of India

1. Background:

1.1 The first Universal Periodic Review (UPR) of India was on 10 April 2008. The Working Group of the Human Rights Council on the UPR has prepared the conclusions and recommendations made by the delegations that participated in the interactive dialogue on the UPR of India.ⁱ The Government of India after examining the recommendations responded to the recommendations on 25 August 2008.ⁱⁱ

1.2 Protection, promotion and fulfilment or human rights requires an effective architecture of justice delivery. The interactive dialogue in 2008 demonstrated the lack of understanding and focus of this fundamental, thereby missing out vital issues in India like (i) decades long court delays in adjudication; (ii) lack of competence and independence of the country's prosecution and law-enforcement agencies; and (iii) widespread and omnipresent corruption that prevents the reach of government welfare programs to the poor.

1.3 Though some of the stakeholders' reports, including the one submitted by the ALRC highlighted these aspects; it was not a point of discussion during the interactive dialogue. This lack of focused engagement on some of the vital issues that adversely affects human rights in India is reflected in the concluding recommendations, thereby rendering nine out of 18 recommendations, broad and general, which even if complied would not have a direct, immediate and positive impact upon the lives of the people in the country.

1.4 The concluding recommendationsⁱⁱⁱ on India could be summarised into four main limbs:

i. Curb entrenched practice of torture by an effective domestic mechanism;

ii. Take effective actions to prevent all forms of discrimination, including those based on caste, gender or against the minorities;

iii. Ensure that development priorities respect the needs of the extremely poor and marginalised, in particular children and take affirmative actions to prevent distress migration of the rural poor;

iv. An overall improvement in the architecture of justice delivery.

1.5 The government's response to the Council to the recommendations was mixed as expected of concurrence and denial. The domestic implementation of the recommendations has been almost absent, or at the most, half-hearted. This submission attempts to assess the compliance of India of the four main limbs of the recommendations from the first review and to once again suggest issues that should be seriously considered during the second cycle of the UPR of India.

2. On torture:

2.1 India has not ratified CAT. There has been no serious debate within the Indian parliament concerning ratification, an essential requirement in a dualist system that practices parliamentary democracy. This is despite promises, by none other than the Prime Minister, that the country would ratify the convention, as early as 2009.^iv

2.2 India has not moved forward since then on the issue other than the introduction of a Bill in the parliament, the Prevention of Torture Bill 2010.^v The Lok Sabha passed the Bill on 6 May 2010. The Rajya Sabha, constituted a Parliamentary Select Committee to review the Bill. The Committee suggested wide-ranging changes to the Bill.^vi The Bill is now with the government and nothing is heard about it since then.

2.3 It is expected that the government would highlight the Bill as an important and vital step forward towards the ratification of CAT and the criminalisation of torture in India. However, the ALRC, like the Parliamentary Select Committee, is of the opinion that the proposed law is eyewash. The law requires substantial revision, including its definition of 'torture', which currently fails to meet the definitional standard prescribed in the CAT. The proposed law limits the operation of the definition to "causing grievous hurt" or "danger to life, limb or health (mental or physical)".

2.4 An action against torture will require prior sanction from the government as per Section 6 of the Bill. The rider in Section 6 is a limiting clause that could delay or even deny prosecutions. The bill also enforces a period of limitation of six months for filing a complaint vide Section 5.^vii

2.5 In the meanwhile the practice of torture continues unabated, and is widespread in India. The ALRC has documented more than three hundred cases of torture from India during the period 2008-11. Torture happens in all forms of custody - judicial, police, military and inside prisons. The number of successful prosecution is extremely low, estimated to be one case for every 125 cases.

2.6 Rampant use of torture and the lack of prosecution demoralises the law enforcement officers. It creates a culture of fear and discourages victims from filing complaints. There is no government agency in India that specialises in providing psychological assistance to victims of torture. There is no independent agency to investigate complaints of torture either.

2.7 The use of torture as a common tool for criminal investigation has a direct bearing upon maintaining law and order and upon criminal trials. The use of enforced confessions as the primary tool for criminal investigation is one of the reasons for the mere 4% rate of conviction since the past two decades.

2.8 Law-enforcement agencies are neither capable nor equipped to deal with the increasing and diverse security threats the country face. This is reflected in their operative legal framework. The Indian Police Act, 1861 is the product of the colonial rule that fits the requirements of a police force essential to run a colony.

2.9 India's police today is unfit to serve a democracy. The police are under resourced; lacks training and is unfit to operate in a democratic state. The government conceive the law enforcement agencies as rule enforcers and not as a public service. In international fora the government maintains the position that since the country's judiciary is largely independent, corrective measures could be taken through the courts to address the problems in policing and that it serves as a strong deterrent against torture.

2.10 The D.K. Basu judgment quoted by the government during the first session is an example.^viii But the ALRC wishes to reiterate that all the cases documented by the ALRC since the D.K. Basu judgment, some 790 cases of torture, violates the dictum in the case. Yet, NOT a single police officer or a state government has been held on contempt by the court. On a similar vein, the Police Complaints Authority to be constituted by virtue of yet another judgment, the Prakash Singh case, is not constituted in most states so far.^ix

2.11 It is therefore expected that during the UPR, the interactive dialogue would focus among other issues, requesting the government of India to reform the operative framework of its law enforcement agencies. Towards this end, it is not enough that the agencies provided with adequate physical and financial operative resources, but further, torture has to be criminalised and an independent agency that is not associated with the police, should be constituted in every state of India to accept and investigate complaints of torture.

3. On caste-based discrimination

3.1 Caste-based discrimination is the Indian variant of apartheid and continues unabated in India.^x The stoning to death of 22-year-old Swapna, and her husband, 28-year-old Sunkari Sriniwas on 23 May 2010 by Swapna's family near Krishnajiwadi village, Nizamabad, Andhra Pradesh state is one more proof to the stark reality of the continuing practice of caste-based discrimination and caste prejudices in India. Swapna belongs to a Hindu dominant caste family. Her parents and relatives were opposed to Swapna's marriage with Sriniwas, a Dalit.

3.2 While India has been defiant and opposed to national and international criticism on everything related to caste-based discrimination, it has refused to show similar sensitivity in dealing with the issue at the domestic level. Though the country had enacted laws to counter caste-based discrimination, of which some are currently under review, like the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989; it is a reality, the implementation of these legislations are half hearted and often left at the mercy of caste-prejudiced law enforcement officers.

3.3 Though India boasts about some of its senior bureaucrats, a former President, Chief Ministers and judges, including the former Chief Justice, as members of the Dalit community, in reality, the effect has been only symbolic. The ordinary Dalit continues to face discrimination and social stigmatisation throughout the country. The fact that the parents of a woman went to the extent of stoning their own daughter to death for marrying an untouchable Dalit, underlines the fact that mere legislations will not end caste-based discrimination. The incident also is the grim reminder to the fact that caste prejudice is deep-rooted in India. To deal with such a deep-rooted violence mere law making is not enough.

3.4 A legal text is only the mere codification of certain principles, norms and rules. In punitive jurisprudence, a law could also be a deterrent against a crime. But the deterrence factor of the crime, in this case, caste-based discrimination as referred to in the Act, depends upon the effectiveness in the execution of the law. This is where India and its entire justice institutions and policies have failed.

3.5 The ALRC has documented cases over the past three years, where atrocities committed against the Dalits were refused to be registered as crimes at police stations. This is also reflected in the low number of cases registered across India for offenses punishable under the SC & ST Act.^xi The general failure of the law-enforcement mechanism in the country coupled with the caste prejudice of the officer who runs the system poses a double walled challenge to a complainant who would want to register and investigate his complaint and prosecute a person who has committed a crime that is covered under the Act.

3.6 In addition to the lack of willingness of the government to root out caste prejudice is the omnipresence of the caste-prejudiced mind in government policies. One example is the continuing practice of manual scavenging. In spite of a dozen laws preventing manual scavenging the practice continues in India due to more than one reason, of which an important one is the lack of adequate sanitary facilities in most parts of the country. Investment in proper sanitation facilities is a factor overlooked even in the national capital, New Delhi.

3.7 The ALRC expects that the government of India will be encouraged in the UPR to take affirmative actions, beyond legislations, like implementing mandatory requirements of acceptance of complaints, prompt investigations and fast prosecutions of crimes committed against the oppressed castes (Dalits).

4. Need for an all-inclusive policy of development

4.1 The Republic of Korea engaged India during the 2008 UPR upon India's policies on development. Today unfortunately a South Korean registered entity, the POSCO (formerly Pohang Iron and Steel Company), accounts to the single largest destruction of natural environment and displacement by a foreign direct investment led industrial project in India. The project negates all premises of sustainable development, respect to the rights of indigenous communities and enforces distress migration and violates the guarantees of the acclaimed The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

4.2 The ALRC has reported cases where the POSCO itself has been allegedly employing criminals to silence anti-POSCO movements. Human rights activists who oppose break-neck-speed development are accused by the state government as anti-state forces or Naxalites or Maoists and are arrested and detained indefinitely. This is a pattern observed throughout the country.

4.3 It is from states, like Orissa, Madhya Pradesh, Bihar, Uttar Pradesh and West Bengal that large numbers of people migrate to other parts of the country, in search for job and livelihood. A substantial number of them end up being exploited and work as bonded labourers. Of the worst affected are women and children.

4.4 When the representatives of the ALRC met Justice Ms. Sheela Khanna, the Chairperson of Madhya Pradesh State Commission for Protection of Child Rights to seek intervention on this scenario as well as to address child malnutrition that is rampant among the children of the tribal community in the state, the Chairperson opined that those children brought to the Nutrition Rehabilitation Centres should be asked to produce their horoscope and if they are found to become worthy citizens of the state by a Brahmin priest reading their horoscope, then only state resources should be spent to recover their life.^xii

4.5 Development is essential for any country to progress. What is required however is to bring transparency, accountability and public audit into development schemes that the private and public sector are competing to implement in India. Even before conceiving a project, it must be mandatory to conduct a public audit of the project proposal. It is built into a reasonable extent in the local self-governance framework in India. However, corruption has so far prevented this proviso from being properly implemented.

4.6 The ALRC expects that the second cycle of the UPR would be an opportunity where India is urged to bring functioning, transparent mechanisms to prevent widespread corruption in India, which is the singular factor that denies benefits of development and government welfare schemes to the rural poor. Instead of stifling whistleblowers like those who use the Right to Information Act, 2005 - which is a widespread pattern in India - the country should provide a safety mechanism to protect them.

5. On justice architecture and draconian legislations like the Armed Forces (Special Powers) Act, 1958

5.1 The Prime Minister of India, addressing the sixth annual convention of Information Commissioners in New Delhi said that the government would be critically reviewing the Right to Information Act, 2005 (RTI) so that the legislation does not "affect the deliberative process in the government". In his speech delivered on 14 October 2011, addressing the conference the Prime Minister indicated some areas where the law should be recalibrated according to the government, so that genuine public interests could be upheld. The Prime Minister also emphasised the need to protect RTI activists as they are often subjected to extreme forms of threats.^xiii The risk is higher in states where the AFSPA is enforced.

5.2 The AHRC congratulates the government for its openness to acknowledge that improvement in administration - translate into governance - and prevention of corruption can only be realised through legal and administrative reforms aided by technology. However, such reforms to materialise, drastic reforms of the justice-rendering framework is required.

5.3 The most important of all is the drastic change that need to be brought into the functioning of the courts. The country's judiciary will take at least 365 years to complete the present backlog of cases. The present Chief Justice of India, Justice Mr H S Kapadia has reaffirmed this, stated by twenty-two of his predecessors, in May 2010. Yet, neither the judiciary, nor the government has made it a realistic priority to address the backlog of cases. In essence, the judiciary is incapable of delivering justice.

5.4 When the investigative limb of the state suffers from low morale, inefficiency and the lack of public appreciation and the adjudicative limb suffers from enormous amounts of delay and incapacitated to deal with the sheer volume of work; chaos, confusion and inefficiency is a natural consequence. Translating this into the context of maintaining the rule of law implies that injustice is the norm and justice an exception in the society. Drastic measures are required to bring an end to this 'organised lawlessness'. The resultant environment is exploited not only by armed secessionist forces that operate in India, but also by the law-enforcement agencies that enjoy impunity.

5.5 Where the government feels that its writ is threatened and the integrity of the state challenged, a draconian legislation like the AFSPA is not an answer. The AFSPA is synonymous with injustice, discrimination and impunity. The law has attracted, repeatedly, wide-ranging criticisms from jurists, human rights activists, and even politicians within India and abroad.^xiv

5.6 The ALRC has documented more than two hundred cases, over the past eight years, where the state agencies operating under the statutory impunity provided by the Act has committed serious human rights violations in states like Manipur.^xv So far not a single military or police officer has been prosecuted for the human rights abuses they have committed under the cover of impunity provided by this law.

5.7 A discussion on the fundamental that for a country to protect the principles of the rule of law requires functioning justice institutions, that could accept and investigate complaints and deliver justice is absent in India. However, India today is at a crossroad. Should India fail in nurturing human rights and democratic values, it can adversely impact the region and can have global consequences.

5.8 The ALRC expects that the second UPR on India will be an opportunity to encourage the government to redefine its restructuring priorities so that reforming justice institutions would be the priority for the government, thereby doing justice to its voluntary pledge the country has made to its people and to the international community.

28 November 2011
ALRC
Hong Kong

INDIA – UPR Submission

In its submission for its first Universal Periodic Review in April 2008, India said that its “approach towards protection and promotion of human rights has been characterized by a holistic, multi-pronged effort.” It cited the Indian constitution and numerous government policies to demonstrate its commitment to the protection of rights.

However, India is yet to introduce adequate laws and properly implement existing policies to protect marginalized communities, particularly Dalits, tribal groups, religious minorities, women, and children.There is an urgent need for the state to addresshuman rights violations, including all forms of sexual assault against women,communal violence, enforced disappearances in conflict areas, extrajudicial killings, the persistent use of torture, and increasing attacks against human rights defenders. Tying many of these issues together is the widespread lack of accountability for human rights abuses, and the corresponding problems of access to justice and adequate compensation.

Impunity for serious human rights violations

The government of India has not implemented its UPR Recommendation 1 to expedite theratification of the Convention against Torture and its Optional Protocol.The Prevention of Torture Bill is still at a draft stage. India also failed to implement UPR recommendation 12 to ratify the Convention against Enforced Disappearance. Human Rights Watch has long documented a pattern of impunity, often permitted under Indian law. Since the first UPR, Human Rights Watch has documented an ongoing failure to prosecute those responsible for past human rights violations, such as during counter-insurgency operations in Punjab from 1985-1996, as well as continuing violations in conflict areas such as Jammu and Kashmir, Manipur, and Assam. There have been allegations of violations during security operations that began in 2009 against Maoist insurgents operating in central and eastern India. Abuses include arbitrary arrests and detention, torture, extrajudicial killings, and the harassment of civilians caught in the conflict.

A series of Indian laws also make it difficult or impossible to prosecute state officials and agents implicated in abuses. In particular, police and paramilitary forces are protected under section 197 of the Criminal Procedure Code, which provides that no court will recognize any offense alleged to have been committed by a public servant in the discharge of an official duty without the express approval of the central or state government. Military personnel are provided with additional immunity when they are deployed in areas of internal conflict under the Armed Forces Special Powers Act (AFSPA). Permission to prosecute is rarely granted, even when an investigation shows strong evidence of human rights violations.

With legal cover provided to police and armed forces, abuses such as extrajudicial killings occur often during counter-insurgency operations, for which the Supreme Court expressed its concern in January 2011.However, in most cases the police or army's explanation of an "armed encounter" goes uninvestigated, although many officials privately admit to Human Rights Watch that extrajudicial executions are widespread. The failure to implement police reform has created an overworked and undertrained force that often resorts to torture to gather evidence, and uses extrajudicial killings when it cannot secure convictions. Without proper accountability mechanisms, these violations have become the norm.

Although the Indian government claims that it has internal systems of inquiry and punishment to tackle violations by security forces, details of any prosecutions or convictions through such measures are seldom available. Using the Right to Information Act, Kashmiri activists discovered in September 2011 that in 50 cases where the government sought permission to prosecute, 26 were refused, while a response is awaited in 16 others.

Due to interventions by the Supreme Court, some arrests have been made in relation to the attacks on Muslims in Gujarat in 2002. In November 2011, thirty-one people were convicted for the killing of 33 people, most of them women and children, in the village of Sardarpura in Gujarat’s Mehsana district in March 2002. This was one of the nine cases investigated and prosecuted under Supreme Court supervision after it became evident that the Gujarat police had shown no real inclination to investigate and file charges against the perpetrators.

Government of India’s Actions to Address Impunity

Various inquiries have been set up to address issues of impunity and accountability, particularly in areas of armed conflict. However, the findings of such committees are often not publicly disclosed and are routinely ignored. For instance, a 2004 committee appointed by Prime Minister Manmohan Singh following protests in Manipur has recommended the repeal of the Armed Forces Special Powers Act. Although the report was leaked, it is yet to be officially accepted or acted upon.

Kashmiri political leaders have also repeatedly called for repeal of AFSPA. In August 2011, an official inquiry by the State Human Rights Commission in Jammu and Kashmir confirmed allegations by human rights groups that victims of enforced disappearances may have been buried in unmarked graves. The government had claimed that the graves contained only the remains of unidentified Pakistani militants. The commission recommended forensic tests for proper identification, but a proper investigation will require the cooperation of the army and paramilitary units that were involved in these operations.

The Indian government is yet to enact the Prevention of Torture bill, which was introduced to ratify the Convention against Torture. The draft bill falls short of international standards by permitting certain officials immunity from prosecution, not giving victims adequate time to file complaints, and not ensuring that all forms of inhuman and degrading treatment are under the purview of the law. A parliamentary committee has reviewed the bill and submitted its recommendations to the cabinet.

In recent years, the political leadership of India, including the prime minister, has repeatedly said that there will be “zero tolerance” of human rights abuses. In a positive step to end the profiling of Muslims as terrorism suspects, the political leadership has repeatedly emphasized that targeting on religious grounds is wrong. There have been fresh investigations into terror attacks that were previously attributed to Muslim groups, where members of the majority Hindu community have been arrested and prosecuted.

The government has committed to enacting the Communal Violence (Prevention, Control and Rehabilitation of Victims) bill, which is intended to prevent and control communal violence, ensure speedy investigation and trials, and provide prompt rehabilitation of victims.

While civil society welcomed the openness and collaboration demonstrated by the governmentduring the visit of the UN Special Rapporteur on human rights defenders in January 2011, it also notedthat some crucial mandate holders such as the rapporteurs on torture, extrajudicial, summary or arbitraryexecutions, children, racial discrimination, or the Working Group on arbitrary detention have madenumerous requests for country visits and have not yet received a response.

State Institutions to Promote and Protect Human Rights

India boasts of its independent judiciary, which has a strong voice in protecting human rights. However, lower courts tend to support the authorities in accepting questionable charges in terror-related cases. Judicial delays due to overload mean that the appeals process can linger while a person remains in custody. Human Rights Watch considers that the implementation of UPR Recommendations 3 and 4 requires further efforts.

The government of India refers to the National Human Rights Commission (NHRC) as its symbol of commitment to the protection of human rights. In its 2008 submission to the UPR, the government described the independence of the NHRC as at a par with the Supreme Court of India. However, the NHRC has very limited capacity to independently investigate allegations of abuse, and relies on relevant government departments to provide information. It uses police investigators to investigate allegations against the police. The NHRC is prohibited by law from investigating violations by the armed forces under section 19 of the Human Rights Protection Act. It can only seek a report from the central government and make recommendations. Since such reports are sought from the very agency accused of the violation, they rarely uncover abuses. The NHRC remains largely inaccessible to the poor, its inquiry procedures cumbersome, and often those who testify against state officials are not adequately protected against retribution.

In 2008 the government also claimed that there were a number of state human rights commissions that protected rights. However, in reality almost all state commissions are inadequately staffed, with almost no capacity or political will to conduct independent investigations.

The government also referred to other national commissions created to protect the rights of women, religious minorities, Dalits and tribal communities, and children. However, members and chairpersons of these commissions are political appointees and this is often reflected in their functioning, with some more effective than others.

Protection of Women

Gender training for the lower and higher judiciary is ongoing but remains inadequate. For example, in rape trials, many lower criminal courts and appellate courts have for decades reinforceddamagingsocial stereotypes against victims by describing them as “habituated to sex” based on archaic and degrading medical examinations such as the “two-finger test.” In some cases the fact that they are identified as “habituated to sex” has resulted in the courts discrediting victims’ testimony, affecting the outcome of the trial.

The NHRC has the power to take action on its own (suomoto) of reports to investigatehuman rights violations. But the commission has failed to use this power effectively. For example, the Indian government’s maternal healthcare program is administered in a blatantly discriminatory manner in many parts of the country, with no action from the NHRC. In many states, the Indian government’s flagship JananiSurakshaYojana (Safe Motherhood Program) provides cash assistance for poor pregnant women to give birth in health facilities, only up to two live births, and limits such assistance to mothers above age 18, completely excluding young mothers and mothers with more than two children, even though they face considerably higher health risks during pregnancy.

Access to Palliative Care

In 2009, a Human Rights Watch study found that hundreds of thousands of patients with cancer and other serious health conditions in India unnecessarily suffer from severe pain every year because they cannot get access to effective, safe, and inexpensive medications that could relieve their suffering.

Although about 70 percent of cancer patients in India are diagnosed when their cancer is advanced and they are unlikely to still respond to curative treatment, more than half of India’s regional cancer centers (which receive government support) do not offer palliative care or effective treatment for moderate to severe pain.

The central government recommended in 1998 that all states and union territories simplify regulations around access to morphine, an essential medication for treatment of moderate to severe pain, but only 14 states and territories have done so to date. All others maintain highly restrictive regulations that interfere with proper medical practice.

Attacks on Education

In investigations carried out between 2008- 2010, Human Rights Watch documented that the education of tens of thousands of India’s most disadvantaged and marginalized children is being disrupted by the ongoing conflict between Maoist (“Naxalite”) insurgents and police and other security forces. The Maoists have targeted and bombed government schools. In 2009, at least 36 schools in Jharkhand state and 23 schools in Bihar state were attacked. The government’s failure to repair the bombed schools promptly prolongs the negative impact of these attacks on children’s education.

Meanwhile, security forces continue to occupy government school buildings as bases for their anti-insurgency operations, sometimes only for a few days but often for periods lasting months or years. In 2010, at least the following number of schools had long-term occupations from security forces: 30 in Bihar, 31 in Chhattisgarh, 20 in Jharkhand, 16 in Tripura, and an unknown number in Assam.

Both the Maoist attacks and the government occupation and use of schools place students at unnecessary risk and interfere with the right to education.

Recommendations to be made to the Indian government:

On addressing impunity, India should:

Repeal all legal provisions providing effective immunity to government officials such as section 197 of the Criminal Procedure Code.
Repeal the Armed Forces Special Powers Act.
Vigorously investigate and prosecute officials who order, commit, or tolerate human rights violations, including torture, custodial killings, faked armed encounter killings, and enforced disappearances.
Ensure in drafting the Prevention of Torture Bill that no immunity from prosecution is provided, that adequate time is given for victims to be able file complaints, and to ensure that all forms of inhuman and degrading treatment are also brought under the purview of the law.
Engage in immediate efforts at police reform and establish transparent accountability mechanisms.
Ensure prompt prosecutions in case of communal violence and enact a strong law to protect against such acts.

On institutions to promote and protect human rights, India should:

Ensure all individuals have equal access to justice and right to remedies, and examine and remedy the shortcomings in the effectiveness of existing justice mechanisms.
Amend the Human Rights Protection Act to allow the National Human Rights Commission to independently investigate allegations of abuse by members of the armed forces.
Empower the NHRC, the state human rights commissions and other national commissions to function independently, infull autonomy, and to have the capacity for independent investigations.
Provide victims and their beneficiaries with reparations through a prompt and effective procedure that redresses the entire scope of the violations.
Ensure that the NHRC and other national and state commissions are more responsive to civil society complaints and interventions.
Provide comprehensive human rights education and training at all levels of governmentand across sectors, and the armed forces.

On women’s rights, India should:

Enact a comprehensive law against all forms of sexual assault against women and children and provide reproductive and mental health services to survivors of sexual assault.
Ensure that maternal health care programs do not discriminate against women with more than two children or mothers under the age of 18.

On discrimination and protecting vulnerable populations, India should:

Provide disaggregated data and status information on all vulnerablegroups including minorities, indigenous people, Dalits, people with disabilities, LGBT people, migrants, and internally displaced persons.
Enact rehabilitation laws to ensure the protection of communities displaced by development, infrastructure, or mining projects.

On access to palliative care, India should:

Take immediate steps to ensure that all regional cancer centers offer palliative care services.
Take immediate steps to ensure all states and territories implement simplified morphine regulations.

On human rights treaties and UN special procedures, India should:

Promptly ratify the Convention against Enforced Disappearance.
Issue a standing invitation to UN special procedures to conduct country visits to India and respond positively to the nine special procedures that have made requests for country visits.
Facilitate, as a matter of priority, the visits to India of the Special Rapporteur on torture, the Working Group on arbitrary detention, and the Working Group on enforced or involuntary disappearances.

On attacks on education facilities, India should:

Comply with court orders that all security forces vacate all educational institutions and school buildings, and ensure that the security forces do not unlawfully occupy such institutions in the future.
Cooperate with states affected by Maoist attacks to prepare rapid advance systems, so that when Maoist attacks on schools occur, schools are quickly repaired or rebuilt, and destroyed educational material replaced, so that children can return to school as soon as safely possible. During reconstruction, students should receive their education in an alternative locale.

The Universal Declaration of Human Rights

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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Article 1.

All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

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Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

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Article 3.

Everyone has the right to life, liberty and security of person.

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Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

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Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

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Article 6.

Everyone has the right to recognition everywhere as a person before the law.

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Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

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Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

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Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

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Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

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Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

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Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

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Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.

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Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

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Article 15.

(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

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Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

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Article 17.

(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

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Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

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Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

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Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.

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Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

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Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

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Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.

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Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

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Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

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Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.

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Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

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Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

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Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

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Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

……………………..DECLARATION………………………

Name : ...........................NAGARAJA.M.R.

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

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

Periodicity : WEEKLY

Circulation : FOR FREE DISTRIBUTION ON WEB

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

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

Owner/editor/printer/publisher : NAGARAJA.M.R.

Nationality : INDIAN

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

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

Home page :

http://groups.yahoo.com/group/naghrw ,
http://groups.google.co.in/group/hrwepaper/ ,
http://sites.google.com/site/sosevoiceforjustice/ ,
http://evoiceofhumanrightswatch.wordpress.com/ ,http://indiapolicelaw.blogspot.com/ ,
, http://naghrw.tripod.com/evoice/ , http://e-voiceofhumanrightswatch.blogspot.com ,

Contact : naghrw@yahoo.com , nag...@hotmail.com ,

UID Aadhaar No : 5703 5339 3479

Cell : 91 9341820313

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 even once to police station for questioning , as the culprits are high & mighty . this type of one sided questioning must not be done by police or investigating agencies . if anything untoward happens to me or to my family members like loss of job , meeting with hit & run accidents , loss of lives , death due to improper medical care , etc , the jurisdictional police together with above mentioned accussed public servants will be responsible for it. Even if criminal nexus levels fake charges ,  police file fake cases against me or my dependents  to silence me , this complaint is & will be effective.

If I or my family members or my dependents are denied our fundamental rights , human rights , denied proper medical care for ourselves , If anything untoward happens to me or to my dependents   or to my family members    - In such case Chief Justice of  India together with the jurisdictional  revenue & police officials will be responsible for it , in such case the government of india  is liable to pay Rs. one crore as compensation to survivors of my family. if my whole family is eliminated by the criminal nexus ,then that compensation money must be donated to Indian Army Welfare Fund. Afterwards , the money must be recovered by GOI as land arrears from the salary , pension , property , etc of guilty police officials , Judges , public servants & Constitutional fuctionaries.

date :  21.01.2012…………………………..your's sincerely,

place : India…………………………………Nagaraja.M.R.

Edited, printed , published owned by NAGARAJA.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE - 570017INDIA… cell :09341820313

home page : home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper / , http://sites.google.com/site/sosevoiceforjustice / , http://evoiceofhumanrightswatch.wordpress.com / , http://indiapolicelaw.blogspot.com / , http://naghrw.tripod.com/evoice/ ,

http://e-voiceofhumanrightswatch.blogspot.com ,

Contact : naghrw@yahoo.com , nagarajhrw@hotmail.com

AERO-PLANE RIDES FOR CORRUPT POLICE & JUDGES

2012-01-15T07:34:00.001-08:00

S.O.S e - Voice For Justice - e-news weekly
Spreading the light of humanity & freedom

Editor: Nagaraja.M.R.. Vol.08..Issue.03........21/01/2012

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

Prosecute Chief Justice of India

http://sites.google.com/site/sosevoiceforjustice/prosecute-chief-justice-of-india ,

Editorial : AEROPLANE RIDES FOR CORRUPT POLICE & CORRUPT JUDGES OF INDIA

TORTURE CHAMBERS OF INDIA - 3RD DEGREE TORTURE PERPETRATED BY POLICE
IN INDIA - Gross violations of human rights by police

We condemn the cruel practices , murders committed by Naxalites & Terrorists. The Cruelty by Naxalites , Terrorists does not legally authorize law enforcing agencies to commit cruelty , murders in retaliation , an eye for an eye. We are a democratic republic.

It is utter shame , that a suspected female maoist person was tortured by police inspite of strictures issued by the presiding judge. Refer the LAWS OF JUNGLE in The Week dated 01.01.2012. Here the presiding judge of the court failed to ensure the safety of a suspect inspite of her repeated appeals to the court. The Police showed utter contempt to the orders of the court & subjected the suspect to third degree torture. The Judge & Police in the said case attempted to murder the suspect by way of third degree torture . If the suspect is convicted by the court about her crimes , let the court punish her as per legal provisions. Who are police to punish her ? is it not the duty of presiding judge of a case to ensure safety of both parties & witnesses thereof ? Why not the legal prosecution of guilty judge & police for above crimes ? Why not third degree torture , aero-plane rides for the guilty judge & police ?

Aeroplane is the most cruelest form of 3rd degree torture perpetrated
by police on suspects. Many innocent people have confessed to crimes
hey have not at all committed unable to bear the torture , pain. Many
innocents have been murdered in lock-ups by police during these type
of 3rd degree torture. Even if we go by the logic of police that
criminals only sing under torture & they rightly deserve it , when a
petty criminal stealing Rs.10000 is fit for "AEROPLANE TORTURE" ,
what about criminals stealing crores of rupees , what about corrupt
police who aid tens of such big time criminals by filing B-report ,
by putting weak case of prosecution , by delaying tactics allowing
for destruction of evidences , etc , what about judges who acquits big
time criminals , who give judicial orders while they are in a drunken
state , who acquit big criminals by conducting hearings even on dates
of government holidays (concocted). ARE NOT THESE CORRUPT POLICE &
JUDGES FIT FOR "BUSINESS CLASS AEROPLANE RIDE TORTURE as per the
same logic of police.

Why not 3^rd degree torture of Chief Justice of India , Union Home Secretary and DG & IG of Police for Karnataka who are NOT singing , NOT ANSWERING questions given below ?

At the outset , e - Voice salutes the few honest police personnel who
are
silently doing their duties inspite of pressures , harassment by
political bosses & corrupt superiors , inspite of frequent transfers ,
promotion holdups , etc. overcoming the lure of bribe ,those few are
silently doing their duties without any publicity or fanfare. we
salute
them & pay our respects to them and hereby appeal to those few honest
to catch their corrupt colleagues.

The police are trained , to crack open the cases of crimes by just
holding onto a thread of clue. Based on that clue they investigate
like
"Sherlock holmes" and apprehend the real criminals. nowadays , when
police are under various pressures , stresses - they are frequently
using 3rd degree torture methods on innocents. Mainly there are 3
reasons for this :
1) when the investigating officer (I.O) lacks the brains of
Sherlock
holmes , to cover-up his own inefficiency he uses 3rd degree torture
on
innocents.
2) When the I.O is biased towards rich , powerful crooks , to
frame
innocents & to extract false confessions from them , 3rd degree
torture
is used on innocents.
3) When the I.O is properly doing the investigations , but the
higher-ups need very quick results - under work stress I.O uses 3rd
degree torture on innocents.

Nowhere in statuette books , police are legally authorized to punish
let alone torture the detainees / arrested / accussed / suspects. Only
the judiciary has the right to punish the guilty not the police. Even
the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture
unabetted.
Even during encounters , police only have the legal right , authority
to immobilize the opponents so as to arrest them but not to kill them.

There is a reasoning among some sections of society & police that use
of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false
& biased. Take for instance there are numerous scams involving 100's
of crores of public money - like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don't police use 3rd
degree torture against such rich crooks and recover crores of public
money where as the police use 3rd degree torture against a
pick-pocketer to recover hundred rupees stolen ? double standards by
police.

In media we have seen numerous cases of corrupt police officials in
league with criminals. For the sake of bribe , such police officials
bury cases , destroy evidences , go slow , frame innocents , murder
innocents in the name of encounter , etc. why don't police use 3rd
degree torture against their corrupt colleagues who are aiding
criminals , anti nationals ? double standards by police.

All the bravery of police is shown before poor , innocents , tribals ,
dalits , before them police give the pose of heroes. Whereas , before
rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.

Torture in any form by anybody is inhuman & illegal. For the purpose
of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools
must be used against rich crooks & petty criminals without bias.

Hereby we urge the GOI & all state governments :
1) to book cases of murder against police personnel who use 3rd
degree
torture on detainees and kill detainees in the name of encounter
killings.
2) To dismiss such inhuman , cruel personnel from police service
and to
forfeit all monetary benefits due to them like gratuity , pension ,
etc.
3) To pay such forfeited amount together with matching government
contribution as compensation to family of the victim's of 3rd degree
torture & encounter killings.
4) To review , all cases where false confessions were extracted
from
innocents by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose
jurisdiction torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a
torture free climate to all parties , witnesses in cases before his
court.
7) To make public the amount & source of ransom money paid to
forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of
tribals , human rights violations by Karnataka police in M.M.HILLS ,
KARNATAKA".
9) To make it mandatory for police to use scientific tools of
investigations like brain mapping , polygraph , etc without bias
against suspects rich or poor.
10) To include human rights education in preliminary & refresher
training of police personnel.
11) To recruit persons on merit to police force who have aptitude
&
knack for investigations.
12) To insulate police from interference from politicians &
superiors.
13) To make police force answerable to a neutral apex body instead
of
political bosses. Such body must be empowered to deal with all service
matters of police.
14) The political bosses & the society must treat police in a
humane
manner and must know that they too have practical limitations. Then on
a reciprocal basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of
biggies
& must be put on detective , investigative works.

Nowadays , we are seeing reports of corruption by police & judges in
the media and are also seeing reports of raids by vigilance
authorities seizing crores of wealth from such corrupt police. Some
Judges have also amassed crores of wealth. Who gives them money ? it
is rich criminals , anti-nationals . By taking bribe & hiding the
crimes of criminals , the corrupt police & judges are themselves
becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating
agencies that all for the sake of national security , what degree of
torture these corrupt , anti-national police & judges qualify for ?
what type of aeroplane or helicopter the corrupt police / judges must
ride ? ofcourse , for protection of national security. Here also
police & judges have double standards , what a shame.

We at e – voice are for "Rule of Law" & abhor all type of violence.
Truly these police & judges are not building a Ram Rajya of our
Mahatma Gandhi's dream.

Jai Hind. Vande Mataram.

Your's sincerely,

Nagaraj.M.R.

CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister

The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially
enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports ,
to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs ,
drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the
following
information in the interest of justice.

1.how many CBI officials & Karnataka state police officials are
facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?

2.how you are monitoring the ever increasing wealth of corrupt police
officials?

3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?

4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?

5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?

6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?

7.e - voice is ready to bring to book corrupt police officials subject
to
conditions, are you ready ?

8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?

9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?

10.how you are ensuring the safety , health , food , living space of
inmates in jails?

11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?

12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?

India’s secret torture chambers

by syednazakat

They are our own Gitmos. Where, far away from the prying eyes of the law, ‘enemies of the state’ are made to ‘sing’. Life inside India’s joint interrogation cells can scar people for life. THE WEEK investigates

By Syed Nazakat

Little Terrorist, as the intelligence sleuths came to call him, turned out to be a hard nut to crack. No amount of torture would work on 20-year-old Mohammed Issa, who was picked up from Delhi on February 5, 2006. The Delhi Police believed that he had a hotline to Lashkar-e-Toiba deputy chief Zaki-ur-Rehman Lakhwi, who later masterminded the 26/11 attack on Mumbai. At a secret detention centre in Delhi, the police and intelligence officers tried every single torture method in their arsenal—from electric shock to sleep deprivation—to make Issa sing. He stuck to his original line: that he had come from Nepal to visit a relative in Delhi. Only, they refused believe him.

According to the police, the youth from Uttar Pradesh, who had moved to Nepal in 2000 along with his family after his father, Irfan Ahmed, was accused in a terrorism case, returned to India to set up Lashkar modules in the national capital. More than six months after he was picked up, the police announced his arrest on August 14. He has since been shifted to the Tihar jail. His lawyer N.D. Pancholi said Issa was kept in illegal custody for months. If not, let the police say where he was between February 5 and August 15, he challenged.

Issa could have been detained in any of Delhi’s joint interrogation centres, used by the police and intelligence agencies to extract precious information from the detainees using methods frowned upon by the law. As one top police officer told THE WEEK in the course of our investigation, these torture chambers spread across the country are our “precious assets”. They are our own little Guantanamo Bays or Gitmos (where the US tortures terror suspects from Afghanistan and elsewhere for information).

Not many admit their existence, because doing so could result in human rights activists knocking at their doors and bad press for the smartly dressed intelligence men. It is a murky and dangerous world, according to K.S. Subramanian, Tripura’s former director-general of police, who has also served in the Intelligence Bureau. “Such sites exist and are being used to detain and interrogate suspected terrorists and it has been going on for a long time,” he told THE WEEK. “Even senior police officers are reluctant to talk about the system.” So are people who have been to these virtual hells that officially do not exist.

THE WEEK has identified 15 such secret interrogation centres—three each in Mumbai, Delhi and Jammu and Kashmir, two each in Kolkata and Gujarat and one each in Rajasthan and Assam. (One detention centre that is shared by all security and law enforcement agencies is the one in Palanpur, close to the Indo-Pak border in Rajasthan.) Their locations have been arrived at after speaking to serving and retired top officers who had helped set up some of these facilities. Those who have spent time in these places had no idea where they are. They were taken blindfolded and were allowed no visitors. The only faces they got to see were those of the interrogators, day in and day out.

The biggest of the three detention centres in Mumbai, the Aarey Colony facility in Goregaon, has four rooms. The Anti-Terrorism Squad questioned Saeed Khan (name changed), one of the accused in the Malegaon blasts of September 2006, here. He was served food at irregular intervals (led to temporary disorientation) and was denied sleep. Another secret detention centre maintained in the city by the ATS at Kalachowky has a sound-proof room. Sohail Shaikh, accused in the July 2006 train bombings, was held here for close to two months. “He was kept in isolation for days together,” said an officer. “He crumbled after being subjected to hostile sessions. Intentional infliction of suffering does not always yield immediate results. Sometimes you have to wait for many days for the detainee to break. It is a tedious process.” The smallest of the three facilities at Chembur has just two rooms.

Parvez Ahmed Radoo, 30, of Baramula district in Kashmir, was illegally detained in Delhi for over a month for allegedly trying to plot mass murder in the national capital on behalf of the Jaish-e-Mohammed. The Delhi Police’s chargesheet says he was arrested from the Azadpur fruit market in Delhi on October 14, 2006. But according to Parvez’s flight itinerary, he travelled from Srinagar to Delhi on September 12 on Spice Jet flight 850. The flight landed at Delhi airport at 12.10 p.m. He had to catch another flight at 1.30 p.m. (Spice Jet flight 217) to Pune, where, according to his parents, he was going to pursue his Ph.D. But he never boarded the Pune flight as he disappeared from the Delhi airport.

Parvez wrote an open letter from the Tihar jail, where he is currently held, in which he said he was arrested from the airport on September 12 and kept in custody for a month. Apparently, he was first taken to the Lodhi Colony police station and then to an apartment in Dwarka, where electrodes were attached to his genitals and power was switched on. (Delhi’s secret detention centres are located at Dwarka in south-west Delhi, the Interstate Cell of the Crime Branch in Chanakyapuri in central Delhi, and the Lodhi Colony police station in south Delhi.)

“After my arrest on September 12, I was taken to Pune, where I was shown pictures of many Kashmiri boys,” Parvez said in the letter, which is in the possession of THE WEEK. “They wanted me to identify them. As I didn’t know any one of them, they brought me to Delhi again and threw me into the torture chamber of Lodhi Road [sic] police station. They took off my clothes and started beating me like an animal, so ruthlessly that my feet and fingers started bleeding. I was later forced to clean the blood-stained floor with my underwear. They gave me electric shocks and stretched my legs to extreme limits, resulting in internal haemorrhage. I started passing blood with my urine and stool. Later I was shifted to one flat in Dwarka. From the adjacent flats, voices of crying and screaming had been coming, indicating presence of other persons being tortured.”

Throughout his detention, wrote Parvez, he was asked to lie to his parents that everything was fine. In the letter he also gave the mobile number from which the calls were made—9960565152. His family is trying to collect the call site details of the number to prove his illegal detention.

Delhi-based journalist Iftikhar Geelani, who spent nine days in the Lodhi Colony police station after his arrest in 2002 on spying charges, is yet to get over the traumatic experience. “There are lock-ups with such low ceilings that a person will not be able to stand,” he said. “There is an interrogation centre within the police station where people are brutally tortured with cables, and some are completely undressed and abused. They also have a facility to raise the temperature of the cell to a point where it is unbearable and then suddenly bring it down to freezing cold.”

Assistant Commissioner Rajan Bhagat, spokesman for the Delhi Police, denied the existence of such facilities. “Nobody ever asked me the question [about secret detention centres],” he said. “We don’t operate any such facility in our police stations.”

But Maloy Krishna Dhar, former joint director of the IB, confirmed the existence of secret detention centres in Delhi and other parts of the country. He was convinced that detention outside the police station and torture are an inevitable part of the war on terrorism. “Now I would never dream of doing the things I did when I was in charge,” said Dhar. “But security agencies need such facilities.” Interrogating suspected terrorists at secret detention centres, he said, is the most effective way to gather intelligence. “If you produce a suspect before court, he will never give you anything after that,” he said. In other words, once you record the arrest you are within the realm of the law and you have to acknowledge the rights of the accused-arrested and contend with his lawyer.

An officer who worked in one of the detention centres admitted that extreme physical and psychological torture, based loosely on the regime in Guantanamo Bay, is used to extract information from the detainees. It includes assault on the senses (pounding the ear with loud and disturbing music) and sleep deprivation, keeping prisoners naked to degrade and humiliate them, and forcibly administering drugs through the rectum to further break down their dignity. “The interrogators isolate key operatives so that the interrogator is the only person they see each day,” he said. “In extreme cases we use pethidine injections. It will make a person crazy.”

Molvi Iqbal from Uttar Pradesh, a suspected member of the Harkat-ul-Jihadi-Islami who is currently lodged in Tihar, was held at a secret detention centre for two months according to his relatives. They alleged that during interrogation a chip was implanted under his skin so that his movements could be tracked if he tried to escape. “He fears that the chip is still inside his skin,” said one of his relatives. “That has shattered him.”

Kolkata has its own Gitmos in Bhabani Bhawan, the headquarters of the Criminal Investigation Department, and the Alipore Retreat in Tollygunj, a large bungalow that is said to have 20 rooms. They were bursting at the seams at the height of the Naxalite movement, but are more or less quiet now. “A large number of innocent people, as well as suspected terrorists, have disappeared after being taken to such secret detention centres,” said Kirity Roy, a Kolkata-based human rights lawyer. “Their bodies would later be found, if at all, in the fields.”

That was how militancy was tackled, first in Punjab and then in Kashmir. Today no secret prison exists in Kashmir officially after the notorious Papa-2 interrogation centre was closed down. But secret torture cells thrive across the state. The most notorious ones are the Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagar and Humhama in Budgam district. Then there are the joint interrogation centres in Khanabal area of Anantnag district and Talab Tillo and Poonch areas in Jammu region. Detentions at JICs could last months. Lawyers in Kashmir have filed 15,000 petitions since 1990 seeking the whereabouts of the detainees and the charges against them without avail.

The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, who was picked by the SOG from Alucha Bagh area in Srinagar on May 18. His family alleged that he was chained up, hung upside down from the ceiling and ruthlessly beaten up. He died the same night. Following public outrage, the officer in charge of the camp was dismissed from the service in June.

Maqbool Sahil, a Srinagar-based photojournalist who was held at Hariniwas interrogation centre for 15 days, says it is a miracle that he is alive today. “If you tell them [interrogators] you are innocent, they will torture you so ruthlessly that you will break down and confess to anything,” he says.

Human rights organisations are understandably concerned. Navaz Kotwal, coordinator of the Commonwealth Human Rights Initiative, said that there should be an open debate on the illegal detention centres. “The US had a debate on the Gitmos. Our government should come forward and respond to these allegations,” he said.

No one wants to compromise the nation’s safety, but the torture becomes unbearable, and questionable, when innocent people like the 14-year-old boy Irfan suffer (see box on page ). The security of the country and its people is important and terrorism should be crushed at all cost. But the largest democracy in the world should also ensure that human rights are not violated.

Dhar defended the secret prison system, arguing that the successful defence of the country required that the security establishment be empowered to hold and interrogate suspected terrorists for as long as necessary and without restrictions imposed by the legal system. “The primary mission of the agencies is to save the nation both by overt and covert means from any terrorist threat,” he said. “But to keep the programme secret is a horrible burden.”

with Anupam Dasgupta

(The Week, July 12, 2009)

INTERVIEW//K.S. Subramanian, former director general of police, Tripura

“It is a murky business”

By Syed Nazakat

Former director general of police, Tripura, Dr K.S. Subramanian, can be called an insider. He has served in the Intelligence Bureau, worked as director in the research and policy division of the home ministry and has been chief of intelligence in the troubled northeast. In an interview with THE WEEK, he shares his knowledge about the illegal detention centres in India. He is frustrated over the shadowy work of some police officers and over incidents like the killing of 59 innocent people, which the police called a naxal encounter. He recalls how a senior IPS officer shouted at ‘naxalites’ in a conference and said, “When I hear you people talk, I wish I had brought my revolver!” Excerpts.

There are allegations that suspected terrorists are being detained illegally in and out of police stations and tortured.

Unfortunately, priority is given to peace and order at the cost of law and justice, which might have led to the emergence of such facilities.

Have you come across such facilities during your service?

It is likely that such sites do exist and are used to detain and interrogate suspected terrorists. Perhaps they have existed for long. However, the Union home ministry is handicapped with regard to the information it receives on many issues of internal security. The IB, manned entirely by the IPS at the top, and the state police agencies are its main source of information. Often, their reports are biased and inadequate for policy formulation. I can cite many instances. In terrorist-related cases, the police may feel an incentive to describe people as terrorists and kill them for professional reasons and career advancement.

Who controls these illegal detention centres? What was your experience in the home ministry?

It is a murky business. Senior police officers would be hesitant to talk about the system in operation. The ministry of home affairs does not directly handle such operations; they are the task of agencies like the RAW and the IB. Public awareness about such activities can help check such illegalities, but you know that recently even agencies of advanced democracies such as the US have come to adverse notice for running such centres. President Obama has been courageous about admitting the unethical nature of such facilities in the US and trying to close them down. There is scope for a healthy debate on such issues in a vibrant democracy such as ours.

Many die inside these torture chambers.

Last year, the NGO People’s Watch brought out a disturbing report on police torture, which showed, after an extensive study in several states, that about 1.8 million people, most of them belonging to SC/ST communities, minorities and women, are victim to police torture every year in India. Shockingly, there has been no official refutation of this important report so far. I remember when I was director in the Union ministry of home affairs [between 1980 and 1985], there was a series of incidents in a north Indian state in which, according to the press, a large number of so called naxalites were killed in police action. There was uproar in Parliament. The state police and the central IB maintained that only 12 people were killed, and that all of them were naxalites.

However, when the state chief secretary was asked to come to the Union home ministry for a discussion, he frankly admitted that no less than 59 people were killed in these incidents and that none of them was a naxalite! Most of those killed were members of a local peasant organisation fighting for social justice under the Constitution and other laws of the land.

Many argue that to ensure peace, the country requires that the security establishment be empowered to hold and interrogate suspected terrorists for as long as necessary and without restrictions imposed by the legal system. Do you agree?

I know there is the fear of terrorism, and it’s a different world. But maintaining our moral compass during these difficult times, and the integrity of who we are as people, is enormously critical. So to me, this isn’t just about illegal detention. It’s about the policies still in place that can contribute to establishment of our Gitmos.

How can the police deal with terrorism and at the same time uphold rule of law and human rights?

There are set rules for the police to follow. But the problem is that there is a tendency among some officers to believe that while dealing with suspected terrorists, they are not obliged to follow constitutional methods. Our leaders may say we don’t believe in torture, but many in our intelligence and police agencies think there is a place for torture in the investigation of cases, especially terrorist related. There is a need for attitudinal change in many police officers.

(The Week, July 12, 2009)

Little Terrorist

By Syed Nazakat in Delhi

The playful spark of a 14-year-old is missing in Irfan’s eyes. Instead there is helplessness, pain, horror and a lurking fear. The dark shades could make him anything—a crusader, a criminal or plain timid. The training ground was a forlorn torture chamber somewhere in Gujarat.
The boy was picked up on May 25 last year allegedly by the Gujarat Police, who were in fact looking for his father, Mohammed Azhar. Irfan still remembers the white Tavera (GCIG-4522) that screeched to a halt in front of him as he was trying to cross the road outside his shop in Seelampur. Two men got out, held a pistol to his head and pushed him into the car. Later, they pinned him down with their feet, kicked him in the torso and slapped him several times. And when he tried to speak, he got a sharp jab in the ribs.
Lying on the floor of the car, the boy had no idea where he was being taken. His captors drove whole day and night and finally he was pulled out from the car into a detention centre, which had two black cells. He was dumped into one of them. There were no windows in the cell, yet from the honking of the vehicles and the occasional noise of a crowd, he guessed the place to be not far from the city.
The detention was almost a Guantanamo or an Abu Ghraib from his narration. His interrogators wore civilian dress, but were near cannibals in attitude. Irfan was interrogated by a tall person, whose name he doesn’t remember. “The man would brutally beat me up and tell me, ‘As long as your father does not surrender, we will not let you go’.”

Back home, Irfan’s mother, Tasleema, was frantically searching for him. Fortunately, his friends had seen the number plate of the Tavera. The family complained to the Seelampur police station, and three days later, Tasleema was told that her son was in the custody of Gujarat Police in Ahmedabad.She then filed a habeas corpus petition before the Delhi High Court, which directed the police to release the boy. Thus, after 10 days of detention, Irfan was brought back and released. On the court’s direction, the Seelampur police have lodged an FIR against the Gujarat Police.

Irfan’s tiny body is now a shambles. His mother says she was shattered when she heard about the torture her son had to bear. “Since his release, he is being treated for abdominal pain and discomfort,” she says. The boy’s ordeal has not ended yet. His family gets threat calls from the Gujarat Police, warning them not to appear before the court. Irfan’s father hasn’t yet returned home, making his family prone to more police harassment.
A day before the last hearing in the case, the police raided his home at 3 a.m. “We have lodged a report against the Gujarat Police,” Tasleema says. The Seelampur police station refused to comment on the case, but confirmed that an FIR has been filed against the Gujarat Police.
We got to know of the depth of Irfan’s fear only when we got up to leave. With tears in his eyes, he pleaded for our help. “Please save me from the police,” he says. He fears they might any day return for him.
(Name of the boy has been changed to protect identity)

(THE WEEK, July12, 2009)

Fifteen days of horror

By Maqbool Sahil

Once I was inside my cell, I wondered aloud: Where am I? A voice filtering through the slit in the steel door told me that I was in the Hariniwas interrogation chamber in Kashmir. I was picked up on September 16, 2006, by the Counter Insurgency Kashmir [a special wing of J&K Police that deals with terrorism-related cases] which accused me of spying for Pakistan. My family was not informed about my arrest.
When the interrogation started, I was least prepared for the ordeal. They bombarded me with questions: Who else is working with you for Pakistan? To whom are you sending pictures from Kashmir [he is a photo-journalist]? When they did not get the answers they wanted, the torture intensified. I was subjected to sleep deprivation and was denied food for the first three days. I was kicked and beaten with a rubber baton. They then chained my hands and left me hanging from the top of a door. They told me in no uncertain terms that unless I confessed that I was spying for Pakistan, I would not see my family again. I cried often. Sometimes I thought I would die in that dark torture cell and no one would ever know about it.
On the fifth day, my feet were manacled and I was ruthlessly beaten up. I then heard somebody outside say, “Don’t worry, I will make him speak.” I peered through the slit in the door and found that it was Senior Superintendent of Police Ashkhoor Wani, who headed the CIK. As a journalist I knew him for years. He was notorious but I had never imagined that one day I would become his prey.
The torture started afresh. My hands were tied behind with a rope, one end of which was rolled over a metal pipe fixed to the ceiling. They pulled the rope and I was hanging in mid-air. It was very painful. I felt as if my brain was going to burst. Every time I was subjected to this torture, I collapsed and lost consciousness. The torture would then stop, only to restart when I regained consciousness. When they tired of it, they stretched my legs wide and the balls of the joints were displaced. I could not walk properly for six months after that.
There were over 30 people detained there. I didn’t know where they were from. But they all were terrified and silent. After 15 days, the CIK prepared a dossier on me and I was detained under the Public Safety Act for over three years. I was released in January after the police failed to press charges against me in court.

The detention facility has since been shifted to Humhama area in Budgam district.
As told to Syed Nazakat

What Kind Of System Needs To Torture Prisoners?

By Li Onesto

01 August, 2011
Revcom.us

The courageous struggle of the prisoners at Pelican Bay should make many more people sit up and take notice and ask—and find the answers to—some important questions about the U.S. prison system.

Why does the U.S. , which has 5% of the world's population, have 25% of its prisoners?

Why has the number of prisoners in the U.S. gone from half a million in 1980 to over 2.3 million in the last three decades?

Why are so many of those incarcerated in the U.S. people of color?

And why does the U.S. routinely carry out torture in its prisons?

The truth of the matter—and the bigger context for the inhumane conditions in maximum security units like the Pelican Bay Prison SHU—is that this system, with its police, laws, courts, and prisons is using mass incarceration to enforce oppressive economic and social relations, especially in terms of the systematic subjugation of Black people as a people. And I really encourage people to read the special Revolution issue on prisons, “From the Hellholes of Incarceration to a Future of Emancipation,” which provides a deep analysis of mass incarceration in the United States.

This system of U.S. capitalism, from its very inception , has, in large part, been built on and developed by carrying out the most brutal oppression of Native Americans, Black people and other people of color.

This oppression has been woven into the whole fabric of U.S. society, from the days of slavery until today. It has been and is an integral part of the economic and social structure in this country. White supremacy has and continues to maintain Black people in a subjugated position in every aspect of society. And all this has created, and today still maintains a “master class” of white people and a “pariah class” of Black people.

In this way, the systematic oppression of Black and other people of color has been, and continues to be, part of the very glue that holds U.S. society together—even as it has gone through different changes and been enforced in different ways. The outright ownership of Black people under slavery gave way to Jim Crow segregation and Ku Klux Klan terror. And now we have what has been called “the new Jim Crow” of police brutality and murder and the mass incarceration of hundreds of thousands of Black people.

The subjugation of Black people is a pillar of this system—a part of the economic and social relations in society, and white supremacy is a key element in the dominant ideology. And this is why this system cannot get rid of the oppression of Black people—because to do so would mean tearing up and undermining the whole economic, social and ideological/culture basis of U.S. society.

Why has there been such a drastic increase in the U.S. prison population? This has never been in response to crime—crime rates have actually gone down over the last three decades. This has been about control and suppression. It started in response to the mass upsurges among Black people in the '60s—which shook the system and had a huge impact throughout society. At the same time, globalization and de-industrialization had devastated the inner cities and millions of Black people, especially the youth, who could no longer be profitably employed, were seen by this system as an unwanted, volatile “surplus” that had to be controlled. Concessions from the system, like programs that were supposed to address poverty and inequality, were being snatched back, leading to further impoverishment.

As the special Revolution issue on the oppression of Black people said, “Two things were at work: the needs of capital, which continued to gain advantage from racist discrimination and ghetto-ization of millions of African-Americans; and the necessity of the capitalists to not disrupt—and in fact to reassert and reinforce with a vengeance — the social glue of white supremacy—the ways in which the lie of the ‘master class' were so integral to so many people's understanding of ‘being American.'” (“The Oppression of Black People, The Crimes of This System and the Revolution We Need.”)

U.S. imperialism needed the subjugation of Black people more than ever, but could no longer do this in the naked, openly racist forms it had in the old Jim Crow. It is in this context that in 1969, H.R. Haldeman, President Nixon's top assistant, wrote in his diary that “[Nixon] emphasized that you have to face the fact that the whole problem is really the blacks. The key is to devise a system that recognizes this while not appearing to.” It is in this context that the “war on drugs” was launched—which has been the biggest factor behind the exponential rise in mass incarceration.

Why are prisoners routinely tortured in U.S. prisons? The kind of extreme torture being carried out in places like the Pelican Bay SHU is a function of the whole way this system has criminalized, demonized and dehumanized a whole section of society. It has to do with repressing those who this system fears; those this system sees have the potential to rise up against their conditions of oppression in a way that would really challenge their rule. The kind of torture being carried out in the Pelican Bay SHU serves as a brutal way to control those in prison. And it has a broader effect of mass terror against Black people throughout society.

The terror carried out by KKK lynch mobs in the South meant that any Black person had to walk in fear. Today, police brutality and murder, the practice of racial profiling and random “stop and frisk”; and mass incarceration targeting Black people and all the terror that entails—means that today any Black person has to walk in fear.

Today, mass incarceration is the leading edge of the oppression of Black people. This continues to have a devastating impact on those who are imprisoned: Many lives are ruined; many youth are literally thrown away, their potential wasted. It is almost impossible for those this system has branded a “felon” to make any kind of life for themselves if they ever get out of prison. Having a criminal record means you will face legal discrimination in things like employment and housing for the rest of your life. All this is not only horrible for the individuals involved—it is a terrible thing for society. And all this has a broader devastating effect on mothers, fathers, spouses, children, and other loved ones; on the Black community as a whole. The “war on drugs”—and all it means in terms of taking away the rights and ability of Black people to get jobs, decent housing, etc.—is a way to continue the oppression of Black people, but with the veneer and appearance of equality.

The United States goes around claiming it is the “leader of the free world” and protector of democracy and human rights. But the prisoners' hunger strike has objectively exposed the complete illegitimacy and hypocrisy of this system. This system is responsible for the torture of prisoners. The very needs and workings of this system have led to the mass incarceration of so many Black and Latino people. And getting rid of this system is the only way we can get to a whole different kind of society where there will no longer be the living hell of mass incarceration and the people as a whole can be truly liberated.

Revolution #241, July 31, 2011 ( revcom.us )

Li Onesto is the author of Dispatches from the People's War in Nepal and a writer for Revolution newspaper ( www.revcom.us ). She can be contacted at: lionesto@gmail.com

Police reform and guide lines of National Human Right Commission

The police does not have right to take the life of any person. If by his act, the policeman kills a person, he commits an offence of culpable homicide or culpable homicide amounting to murder unless such killing is not an offence under the law. Under the criminal law prevailing in India, nothing is an offence which is done in exercise of right of private defence (section 96-106 of Indian Penal Code). But the right given under these sections of Indian Penal Code is not absolute right and they can be exercised under the restriction given in section 99 and 104 of same Act.

Section 46 of criminal procedure code empowers the police officer to use reasonable force, even extending up to causing death, if found necessary to arrest the person accused of an offence punishable with death or imprisonment of life. Thus, it is evident that death caused in an encounter, if not justify, would amount to an offence of culpable homicide.

So causing death of any person without reasons can not be justified. India is a welfare state and our constitution provides right to life and personal liberty. It includes living with human dignity. It is the duty of state to ensure the fundamental rights for every person.

However the torture of police has been increasing very rapidly from the last decade. The police encounter, custodial death, custodial rape, and the atrocities of police are day to day news. To reduce these events the Janta Party Govenmenat set up Soli Sorabji Panel, but before submission of the report the government fell down and the report had not been enforced and the arbitrariness of police had been promoted in every state. Recently Times of India news paper published that largest number of custodial death was registered in UP.

On 22nd September, 2006 the Supreme Court of India in case of Prakash Singh vs

Union of India in its historical decision ordered wide reformation in police organization.

Due to its impact the police organization would be able to work without political influential and adequate reformation can be made in law and order. It would help in reducing atrocities. Faced with Supreme Court directives to implement the much delayed police reforms, union government has set in motion the process to bring a new police act, incorporating the suggestion of the Soli Sorabji Panel. The report has called for drastic changes in the 145 year old police act to introduce fixed two year tenure for police officers down the line from DGP to SHO, as well as separation of maintenance of law and order from crime investigation, duties.

Police law is continuing from the period of British which is based on police regulation Act, 1861. The object of police administration was to quash the Indian before independence and to maintain the English rule, but today the police administration is the part of India as a welfare state. So there is need to do basic change in Indian police system. The ‘police’ are the subject comes under state list of seventh schedule. Its provision is given in art. 245. So it is the subject of state and it is the responsibility of state to reform the police system. Following are the main points under police reformation:

•

The main objects of these reformations are to establish the accountability and sensitivity of police towards people which should be conducted through rule of law.

•

The second object of these reformations is to fix the tenure of police

officers. Their tenure is fixed for two year.

•

The selection procedure of DGP should be transparent and recommendation of their promotion should be made by Board of Public Services Commission (BPSC).

•

The State Government has been ordered to establish a state security commission, so that the State Government may not pressurize the police. This commission will ensure that the police will work according to constitution and law of country.

•

There shall be a Police Establishment Board in each state which shall decide all transfers, postions, promotions and other services related matters of officers of and below the rank of Dy.S.P. The State Government may interfere with the decision of the Board in exceptional cases, only after recording its reasons for doing so.

•

There shall be Police Complaint Authority at district level to look into the

complaints against police officer of and up to the rank of Dy.S.P. Similarly there should be another Police Complaints Authority at the state level to look into complaints against officers of the rank of S.P. and above. The district level authority may be headed by retired district judge and the state level authority is headed by retired judge of High Court.

•

The National Government shall also set up a national level commission at the union level to prepare a panel for being placed before the appropriate appointing authority for selection and placement of chief of central police organization, who should be given a minimum tenure of two years.

As per the amendment made in criminal procedure code, section 176 makes the provision that if any dies or disappear or rape is alleged to have been committed on any women, when such person or women is in the custody of police or in any other custody authorized by magistrate or court under this code in addition to the inquiry or investigation held by police , any inquiry shall be held by Judicial Magistrate or Metropolitan Magistrate as the case may be within whose jurisdiction the offence has been committed. The Judicial Magistrate or Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation shall within 24 hours of death of such person, forward the body of deceased with a view to its being examined to the nearest civil surgeon or other qualified medical person appointed in this behalf by the state government unless it is not possible to so for reasons to be recorded in writing.

Apart from this, National Human Right Commission issued guide lines to all chief secretaries of state and administration of union territories in dealing with death occurring in encounters with police on 29/03/1997 and on 2/12/2003 a revised guidelines have been issued and it was emphasized that state must send information to the commission of all cases of death arising out of police encounters. Following are the revised guidelines:

•

When the police officer in charge o f a police station receives information about the death in an encounter between the police party and others, he shall enter that information in the appropriate register.

•

Where the police officer belonging to the same police station are members of the encounter party, whose action resulted in death, it is desirable that such cases are made over for investigation to some other independent investigating agency, such as State CBCID. •

Whenever a specific complaint is made against the police alleging commission of a criminal act on their part, which makes out a cognizable case of culpable homicide, am FIR to this effect must be registered under appropriate sections of the IPC. Such case shall invariably be investigated by State CBCID.

•

A magisterial inquiry must invariably be held in all cases of death which occur in the course of police action. The next of kin of the deceased must invariably be associated in such inquiry.

•

Prompt prosecution and disciplinary action must be initiated against all delinquent officers found guilty in the magisterial enquiry/ police investigation.

•

Question of granting compensation to the dependents of the deceased

would depend upon the facts and circumstances of each case.

•

No out of turn promotion or instant gallantry rewards shall be bestowed on the concerned officers soon after the occurrence. It must be ensured at all costs that such reward are given / recommended only when the gallantry of the concerned officers is established beyond doubt.

•

A six monthly statement of all case of death in police action in the State shall be sent by the Director General of Police to the Commission so as to reach its office by the 15th of January and July respectively. The statement may be sent in the following format along with the postmortem reports and inquest reports wherever available and also the inquiry reports:

1. Date and place of occurrence

2. Police station and district

3. Circumstances leading to deaths
i. Self defence in encounter.
ii. In the course of dispersal of unlawful assembly.
iii.In the course of effecting arrest.

4. Brief facts of the incident
5. Criminal case no.
6. Finding of the magisterial inquiry by senior officers

a. disclosing in particular names and designation of police

officials, if found responsible for the death; and

b. whether use of force was justified and action taken was

lawful.

Along with above guidelines the then CJI send their request to all the state and territories

to adhere these guidelines in letter and spirit both.

National projects on torture in India: demands that

•

Ratified the un convention against torture and its optional protocol

•

Enact legislation to prevent corporal punishment in schools.

•

Enact a domestic legislation that makes torture a punishable offence and provides

for the protection and care of victims and witnesses.

•

Enforce strict implementation of the Preventation Of Atrocities Act,1989

•

Establish District Human Right Courts under the protection of Human Right Act,

1993

Now the time has come to reform the entire police system to prevent the police torture of innocent people. The constitution of India establishes the India as a welfare state, which can be achieved only after following the police reformation and implement the ruling of the apex court. The police should be people friendly. The efforts should be made at every level and the parliament should pass the law and new Police Act should be made by parliamentarians. This will be helpful in reducing the police torture and it will fulfill the real sense of policing.

Questions SUPREME COURT OF INDIA JUDGES , DGP of Karnataka & UNION HOME SECRETARY are NOT Answering

Main A :
At the outset , we express our whole hearted respects to all constitutional institutions & to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting legal ?
why transparent , fair investigation is not done in such cases ?
just remember , the vulgar acts of Mr.Bora Babu Singh in state legislature & how some MLAs vulgarly behaved with Ms.Jayalalita in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?
all the people’s representatives from panchayath member to president of India must read ABCD Of Democracy provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?
is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?
how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?
are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?
what legal action taken against violators , defaulters , for giving false affidavits ?
who is checking the authenticity of those affidavits submitted by MPs , MLAs ?
the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

Main B :

we do once again offer our conditional services to the government of india , all state governments & supreme court of india , in apprehending tax evaders , land grabbers , corrupt police , corrupt judges , corrupt public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready to utilize our service ? are they afraid of being caught ?
the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?
why no proper , timely action was not taken based on numerous police complaints made by us ?
why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?
the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights commission has failed to undo the injustices , why ? is it because it is not a high profile case ? is it because it is not hi-fi , does not get image ratings , TRPs ?
the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?
how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission to supreme court of India till date ? what action taken with respect to each complaint ?
the delay in taking action by public servants with respect to following cases has resulted in more crimes , destruction / manipulation of evidences , records and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-...
DEALS IN COURTS & POLICE STATIONS READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate  ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html  ,
ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of...
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of...
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
, http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
, http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201
HONOR OF INDIAN PALIAMENT FOR SALE
http://sites.google.com/site/eclarionofdalit/honor-of-indian-parliament-for-sale
Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani on hunger strike in anantapur district jail Andhra Pradesh
http://sites.google.com/site/eclarionofdalit/persecuted-irom-sharmila-of-puttaparthi-ap

how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?
what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?
have you reviewed all the previous judicial decisions taken by such judges of doubtful integrity & honesty ?
is it not the duty of government & supreme court of India , to protect the fundamental rights & human rights of all Indian citizens ?
why the government & supreme court of India has failed to protect the fundamental rights & human rights of me & those mentioned in my complaint ?
how many former CJIs , supreme court & high court judges have disproportionate wealth ?
Your denial of information to my previous RTI requests amounts to suppression of evidence , hiding crimes , what action against erring public servants ?
why my previous RTI requests or part there of was not transferred to appropriate authorities and information given to me in a consolidated form ?

Main C :Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3^rd degree torture on prisoners ?

Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it's national security ?

Q4. Don't the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don't give full , truthfull information. Still , police / courts don't take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an "amicus curie" before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family's wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate's background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded "salwa judum" to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it's products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their's as it doesn't have IMEI numbers. Further nokia stated they don't have any business relationship with either tata indicom or it's dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn't have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file "B" report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with "B" report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn't cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people's representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people's representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi's family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it's partymen are withdrawn by the government orelse prosecution fails to prove it's case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it's partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india's national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3^rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3^rddegree torture , lock-up deaths of innocents in forest brigand veerappan's territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my "fundamental duty" hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge's family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like "poly graph , lie detector , brain mapping , etc" , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of "Karnataka state government judicial department house building co-operative society". Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society's – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3^rd degree torture by police , is not the judge of the respective court which is handling that tortured person's case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3^rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn't get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person's case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer's expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer's expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing "amicus curie" in a case ?
Q112. why my appeal to honourable supreme court , to make me as an "amicus curie" in late P.M Rajiv Gandhi's assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person's rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3^rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india's on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen's family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india's independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it's colonies , to face prosecution afterIndia gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution ofIndia?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in Englandwhich is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

Q 172 . What action has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official Mr. Anderson to escape law , to jump bail & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ? what action has been taken against the CJI who became an official of the trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t press for the extradition of the criminal Mr.Anderson , for producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt labour / pollution control board officials HUMAN BEINGS ?
Q 182    Why police are not registering my complaint   against CJI & other VVIPS ,Even after years ?
Q   183   don’t the police of vijayanagar police station mysore have legal jurisdiction to register the case against these VVIPs ? or just because the criminals happens to be VVIPs ,they are not booked by police? If the said police don’t have legal jurisdiction to book these VVIPs , they should have transferred the complaint to those authorities who have jurisdiction & authority to book & prosecute   these VVIPs , but not done so , why ?
Q 184 are not all these actions , of VVIPs & police amounting to cover up of crimes & criminals ? are not these cover ups itself is a crime ?
Q 185. Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals for justice concerning public welfare , national security sent through post , e-mail to supreme court of india are not admitted as Public interest litigation , why ? does not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186   Are not the honourable chief justice of india together with the jurisdictional police & Revenue district magistrate responsible to protect the fundamental & human rights of people ? why the CJI , Mysore DC & Jurisdictional Police have failed to protect the fundamental & human rights of people including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus Honourable CJI , Mysore revenue district magistrate & jurisdictional police are together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station , mysore will be responsible .

These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

Covering up Late PM Rajiv Gandhi Assassination conspiracy

The GOI & investigating authorities have failed to punish the real master minds behind the Late Prime minister Shri . Rajiv Gandhi assassination case .

When a responsible Indian citizen volunteered to appear before the supreme court of india as an amicus curie , to give certain information before the court relating to this assassination , he was not at all permitted. Instead he was threatened , attempts made to murder him , his news paper was closed , his jobs were illegally snatched away , police & investigating agencies repeatedly grilled him , THE PURPOSE IS TO SILENCE THAT PERSON . The Police failed to act upon his complaints. The Supreme Court of India Failed to admit his PIL Petitions. ALL TO COVER UP THE POWERS THAT BE .

who are covering-up late p.m. rajiv gandhi assassination case? who are those conspirators? who are trying to silence me?

My sufferings began hand in hand with my crusade. I have raised various issues of social concern from time to time at the appropriate levels, one of those is LATE P.M. RAJIV GANDHI ASASSINATION CASE. where-in only the tools of the conspirator's were punished where as the conspirators are roaming free. i have raised this topic of inequity , travesty of justice and sought a fair, proper enquiry& trial , at various forums. but to no avail.
the conspirators were disturbed by this and tried to silence me by threatening me, physically assaulting me and even made attempts to murder me. they prevented me from appearing before the JAIN COMMISSION OF ENQUIRY. they even manipulated the recruitment systems to deny me the appointments in R.B.I.CURRENCY NOTE PRESS MYSORE, P.E.S. COLLEGE OF ENGINEERING MANDYA, N.I.E MYSORE , District Court Mysore & Illegally snatched away my job in RPG Cables Ltd , Mysore . they even tried to silence me by forcibly closing down my newspaper publications THE TESTUDO & VOICE OF CRUSADER.
my appeals for justice resulted only in police enquiries. the central intelligence bureau(I.B.) state intelligence & state police personnel enquired me exhaustively number of times, but they never did enquire the powers that be. any way these people don't have practical powers to enquire such people. the highest constitutional functionaries who can order a proper enquiry, trial are keeping mum inspite of repeated appeals. probably they are acting under the directions of conspirators. thereby they are not only covering up the crime, they are actively sponsoring terrorism , but are also violating my fundamental/human rights & obstructing me from performing my fundamental duties as a citizen of india.

hereby , i do request you to protect my fundamental & human rights and to facilitate me to perform my FUNDAMENTAL DUTIES as a citizen of india.also, i do request you to give me information about following cases ,it's final reports& it's action taken report.
1.the roost resort scandal involving karnataka high court judges.
2.the scam of gem cutting & polishing units in mysore set-up under VISHWA self-employment scheme.
3.the murder of under-trial,TADA detenue mr.arjunan(forest brigand veerappan's brother).
4.the murder of journalist mr.satyanarayan near mysore.
5.the murder of ex-minister mr.nagappa near mysore.
6.the amount of ransom paid by state governments of karnataka,tamilnadu & the union govrnment and the general public to forest brigand veerappan during all kidnap episodes (including movie star rajkumar's).the role played by facilitators.the contents of all cassettes sent by veerappan to governments & vice versa.
7.the final report of justice a.j. sadashivas's committee which enquired into atrocities & human rights violations committed by police,special task force(S.T.F.) on the innocent tribal people of M.M.HILLS.
8.the report of past district magistrate of mysore mr.T.M.vijayabhaskar about the land scam in & around mysore.
9.even in developed countrise like U.S.A. & U.K. mal-handling of radio-active materials takes place now & then, which in itself constitute nuclear disasters on small scale.refer the DECCAN HERALD (12/10/03 to18/10/03).in india how many cases of mal-handling of radio-active materials have taken place? no public knowledge.in the back drop of corrupt,negligent,hush-hush,buck passing work culture in most of the government service in india, i do want to know how safe are we the mysoreans from the processing & storage of radio-active materials at M/S RARE EARTH MATERIALS PLANT,yelwal,mysore? in the past there were media reports about damages caused to the human beings ,the environment by the same organisation M/S R.E.M.P. & it's sister concern M/S URANIUM CORPORATION OF INDIA LIMITED(U.C.I.L.) at kerala state & at jadaguda ,orissa state respectively.even some of the insurance companies like M/S.metlife india insurance co.,don't cover the risk of health damages ,death due to nuclear hazards.in such an event who will bear the cost of compensation?how the quantum of compensation is calculated?give me information about the safety measures taken by M/S. R,E,M.P.mysore & the compensation pay sructure and the safety measures being followed by all agencies dealing with radio-active materials.

** LTTE-Sonia link ?

http://indiaview.wordpress.com/2008/04/30/ltte-sonia-link/ ,

http://www.scribd.com/doc/18053175/Sonias-Ottavio-Quattrochchi-Paid-for-Rajiv-Gandhi ,

http://www.youtube-nocookie.com/watch?v=g4uinmueUqg ,

http://www.legalsutra.org/1466/criminal-conspiracy/ ,

http://www.spur.asn.au/extra/rajiv.htm ,

An LTTE-Sonia family link?

S. Gurumurthy,Newindpress

April 29 2008

The LTTE suicide squad did plan and eliminate Rajiv Gandhi. But, why did the LTTE do it? Was there a larger conspiracy that extended beyond the LTTE as the strike force?

Was the LTTE the author of the crime or the mercenary for some one else or for some purpose that yielded some benefit to it? These questions persisted even after the actual assassins were brought to book.

The Narasimha Rao government appointed the Jain Commission to go into the conspiracy angle to the murder.In its interim report the commission did exceedingly good work to bring on record evidence about the political forces involved in promoting the LTTE in Tamil Nadu that made the crime possible.

Yet it made a mockery of its main work, the conspiracy angle. It floated dubious and wild theories, involving Mossad! CIA! Besides adding confusion, it ended up trivialising a very serious exercise. This also robbed the commission of its credibility.

As the commission’s final report proved a flop, the Vajpayee government appointed a Multi- Disciplinary Monitoring Agency (MDMA) in 1998 to unearth the conspiracy angle.

But the person who first demanded, but, ultimately made, investigation into the conspiracy to murder Rajiv Gandhi irrelevant was none other than his widow Sonia Gandhi.

Her attitude to the investigation and suspected actors in the murder dramatically changed. Her conduct in 1997 when she was working to enter active politics was a stark contrast to her attitude after taking over the congress leadership on the Jain Commission issue.

In 1997, she demanded that the DMK which, the Jain commission had said, was part of the conspiracy, be sacked as a partner of the UF alliance and pulled down the government when the demand was not met. Her party insisted the entire facts about the conspiracy be investigated and revealed.

Addressing a meeting at Amethi, Sonia hinted that the DMK was a fan of the LTTE and charged that those who doubted the Jain commission report were diverting the attention from the investigation into the conspiracy to murder Rajiv and demanded that the probe be completed expeditiously (Indian Express 2.2.1998).

But, once she took over the party leadership, she not only ceased to evince any interest in pursuing the Rajiv Gandhi murder conspiracy, but also began allying with the alleged conspirators themselves.

The developments, put together, reveal a shocking picture.The year after taking over the Congress, Sonia Gandhi makes a secret move.

In the year 1999, she told then President Dr K R Narayanan privately that ‘neither she nor her son and daughter wanted any of the four convicts’ sentenced to death for Rajiv’s assassination ‘to be hanged’, and pleaded that no child should be orphaned by an act of the State.

Noted the Indian Express (Nov 20, 1999) that before her plea for mercy to the Rajiv killers the Congress party was the leading opponent of mercy to them. This silenced the party once and for all.

What transpired at her private meeting with the President was revealed not by Sonia, but by Mohini Giri (the former chairperson of the National Women’s Commission) and on that basis Nalini’s death sentence was commuted to life. (Frontline Nov 5-18, 2005).

Then, in February 2004, there were reports, editorially commented by the Island newspaper in Colombo on Feb 20, 2004, that Eduardo Faleiro, her emissary, had a secret meeting with the LTTE chief Prabhakaran at Killinochi. Island had also referred to reports that Sonia’s mother Ms Paula Maino had met Anton Balasingham, LTTE’s point man in London, in connection with the electoral alliance between the DMK and the Congress. While Eduardo Faleiro at least made a feeble attempt to deny the meeting, Paulo Maino would not even deny that.Third, the Paulo Maino meeting preceded, and the Faleiro meeting succeeded, the unbelievable U-turn of Sonia Gandhi to forge alliance with the DMK which was accused by her own party in 1997 of being part of the conspiracy to murder her husband. The DMK-Congress alliance seems to have been agreed upon sometime in December 2003. In January 2004, Sonia met the DMK chief and concretised the alliance.

The coming together of one of the alleged conspirators and the victim of the conspiracy made a mockery of any further investigation into Rajiv Gandhi murder.

For the last four years there is not a single word spoken by Sonia on pursuing the Rajiv Gandhi murderers and on unearthing the conspiracy or for the extradition of Prabhakaran or Pottu Amman.

This is despite the fact that, when, on April 10, 2002, Prabhakaran met the press at Killinochi, he did not even deny that LTTE was involved in Rajiv assassination.

Fourth, the LTTE too responded favourably to signals from Sonia that she was not against LTTE.

On January 27, 2006, Anton Balasingham, told an Indian TV news channel that the Rajiv killing was ‘monumental tragedy’ and asked the people of India to be ‘magnanimous to put the past behind’ and deal with the LTTE.

Fifth, Sonia did not object to the inclusion of the DMK woman MP in whose house Sivarasan the main killer of Rajiv Gandhi had stayed for which she was detained under the TADA, as a minister in the UPA government.

Sixth, the MDMA which was appointed by the NDA government after Sonia rejected the Action Taken Report on the Jain Commission, has virtually become defunct under the UPA regime.

Since 2004, she has not uttered a single word asking what the MDMA is doing.

And finally now in March 2008, Priyanka Vadra, Sonia’s daughter makes a secret visit to Vellore jail and meets the first accused in the murder of Rajiv, for over an hour.

Media reports say that they sat by each other’s side, cried and professed goodwill towards each other! No one knows what transpired between them. The meeting clearly illegal, looks almost a conspiracy, would have remained a secret had the media not exposed it.

Priyanka said that neither Sonia nor Rahul or Priyanka believe in hate or anger, and that the visit was her way of coming to terms with the Rajiv Gandhi murder.

Moral high ground seems to be a cover for undisclosed political strategies. But where was this high moral ground when Sonia angrily pulled down the UF government on the ground that DMK, a suspected co-conspirator with LTTE, was part of the alliance?

Is Rajiv Gandhi’s assassination a personal affair between the Sonia Gandhi family and the LTTE for the former to punish or pardon the latter?

LTTE has neither confessed nor regretted its action for the Gandhis to pardon. The LTTE is even today unrepenting.

The prosecution case is that the LTTE supremo decided to avenge Rajiv Gandhi for sending IPKF to Sri Lanka and betraying the LTTE. But that was no personal decision of Rajiv Gandhi. The assassination was an act against the state of India.

This is how it should be seen and pursued. Neither Sonia nor Priyanka nor the Congress has the right to pardon the criminals who have challenged the sovereignty of India.

QED: Sonia Gandhi family and the LTTE connection is mysterious. Is the maverick Dr Subramanian Swamy right after all in his theory that LTTE and the Maino family have had links before? http://www.newindpress.com/NewsItems.asp?ID=IEM20080428231348&Title=Main+Article&rLink=0