October 2, 2008

Public complaint to DGP

Filed under: dalit human rights — Tags: POLICE — nagmysr @ 11:41 am

e – Clarion Of Dalit - monthly newspaper on web

working for the rights & survival of the oppressed

editor: NAGARAJ.M.R………VOL.2 issue. 10…………..07 / 10 / 2008

Editorial: PUBLIC COMPLAINT TO HONOURABLE DIRECTOR-GENERAL OF POLICE , GOVERNMENT OF KARNATAKA BANGALORE

Respected sir,

I have made a complaint to your honourable self on 10/12/2004 regarding human rights & fundamental rights violations , at a press meet organized at PATRAKATARA BHAVANA , MYSORE. Till date no action has been taken , when I asked your office questions about human rights , fundamental rights violations , corruption & other crimes as per RTI ACT , they just gave me half truths. Hereby I do once again request you to take appropriate action on the above said complaint & to give me full truthful information to my RTI application..

The concerned public servants belonging to central government , state government & statuotary bodies , have failed to provide complete truthful information to us , let alone justice. Hereby we do request you to register this as complaints / FIRs against the below mentioned / respective public servants – the websites of case details are given before their names

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/ ,

UNION HOME SECRETARY , GOI , NEW DELHI –

DG&IG OF POLICE , GOK , BANGALORE –

MUDA COMMISSIONER , MUDA , MYSORE –

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,
http://crimesatmudamysore.wordpress.com/ ,

BDA COMMISSIONER , BDA , BANGALORE –

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

BDA COMMISSIONER ,CRIMES OF BDA

http://crimesofbda.blogspot.com/ ,
http://bdacrimes.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/289 ,

MUDA COMMISSIONER ,CRIMES OF MUDA

http://crimesatmudamysore.wordpress.com/ ,
http://manivannanmuda.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/288 ,

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA –

http://citizensofindiavssupremecourtofindia.blogspot.com/ ,
http://indiancitizen.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/269 ,

HONOURABLE JUDGE OF THE RESPECTIVE COURT –

http://crimesofsanjaydutt.blogspot.com/ ,
http://crimesofsanjaydutt.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/265 ,

CONCERNED PUBLIC SERVANTS –

http://tortureoftribals.blogspot.com/ ,
http://tortureoftribals.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/284 ,

UNION HOME MINISTER GOI -

http://crossexamofhomeministergoi.wordpress.com/ ,
http://crossexamofhomeminister.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/243 ,

HONOURABLE CHIEF JUSTICE OF INDIA -

http://crossexamofchiefjustice.wordpress.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/221 ,

CONCERNED PUBLIC SERVANTS –

http://foreignspy.wordpress.com/ ,
http://foreignspy.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/76 ,

CONCERNED PUBLIC SERVANTS –

http://hangthecorrupt.blogspot.com/ ,
http://hangthecorrupt.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/231 ,

CONCERNED PUBLIC SERVANTS –

http://uniformcivilcode.wordpress.com/ ,
http://uniformcivilcode.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/237 ,

CONCERNED PUBLIC SERVANTS –

http://priceofcorrupt.blogspot.com/ ,
http://priceofcorrupt.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/197 ,

CONCERNED POLICE & PUBLIC SERVANTS –

http://narcoanalysisindia.blogspot.com/ ,
http://narcoanalysisindia.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/16 ,

CONCERNED PUBLIC SERVANTS –

http://indiahanging.blogspot.com/ ,
http://indiahanging.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/178 ,

CONCERNED POLICE OFFICIALS –

http://3degreepolice.wordpress.com/ ,
http://3degreepolice.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/215 ,

CONCERNED POLICE OFFICIALS –

http://rowdiesinuniform.blogspot.com/ ,
http://rowdiesinuniform.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/185 ,

CONCERNED POLICE OFFICIALS –

http://murdersbypolice.wordpress.com/ ,
http://murdersbypolice.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/215 ,

HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA -

http://scopeneye.blogspot.com/ ,
http://scopeneye.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/220 ,

HONOURABLE CHIEF JUSTICE OF INDIA

http://crosscji.wordpress.com/ , http://crosscji.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/221 ,

HONOURABLE CHIEF JUSTICE OF INDIA

http://crimesofsupremecourt.wordpress.com/ ,
http://crimesofsupremecourt.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/222 ,

CONCERNED JUDGES OF INDIA

http://corruptindianjudges.wordpress.com/ ,
http://corruptindianjudges.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/225 ,

CONCERNED PUBLIC SERVANTS , DEPT OF EMPLOYMENT & TRAINING , GOK –

http://antidalit.wordpress.com/ ,
http://antidalit.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/211 ,

CONCERNED PUBLIC SERVANTS –

http://ojihadi.wordpress.com/ ,
http://ojihadi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/172 ,

CONCERNED VVIPs –

http://noticetopublicservants.wordpress.com/ ,
http://noticetopublicservants.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/206 ,

labour commissioner , gok

http://crimesatrpg.wordpress.com/ ,
http://crimesatrpg.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/218 ,

UNION FINANCE MINISTER , GOVERNMENT OF INDIA -

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196 ,

UNION FINANCE MINISTER , GOI –

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196

UNION FINANCE MINISTER , GOI –

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196

UNION FINANCE MINISTER , GOI –

http://megafraudbygoi.wordpress.com/ ,
http://megafraudbygoi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/196 ,

CONCERNED POLICE OFFICIALS & PUBLIC SERVANTS –

http://crimeatinfy.blogspot.com/ ,
http://crimeatinfy.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/214 ,

BDA COMMISSIONER , BANGALORE

http://landscam.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212 ,

CONCERNED PUBLIC SERVANTS –

http://landscam.blogspot.com/ ,
http://landscam.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/212 ,

CONCERNED CBI OFFICIALS –

http://theftinrbi.wordpress.com/ ,
http://theftinrbi.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw/message/80 ,

CONCERNED OFFICIALS OF FOOD & DRUG ADMINISTRATION –

http://deathcola.blogspot.com/ ,
http://deathcola.wordpress.com/ ,
http://groups.yahoo.com/group/naghrw/message/201 ,

GOVERNOR , RESERVE BANK OF INDIA & MANAGING DIRECTOR, BRBNMPL

http://theftinrbi.blogspot.com/ ,

http://theftinrbi.rediffblogs.com/ ,

http://theftinrbi.wordpress.com/

the concerned public servants by denying complete truthful information to public , are in turn hiding crimes , shielding criminals , aiding & abetting criminals . they are violating public’s fundamental & human rights and are obstructing the from performing their FUNDAMENTAL DUTIES. Hereby , we do request you to take appropriate steps & to provide justice. thanking you.

On-line complaint no : DARPG/E/2008/10623

Date : 27.09.2008 Your’s sincerely,

Place : Mysore Nagaraj.M.R.

Raid by Karnataka lokayukta on police officials

- seizure of crores worth illegal wealth

KINDLY REVIEW ALL THE PREVIOUS OFFICIAL ACTIONS OF THESE CORRUPT OFFICIALS AS THERE ARE EVERY POSSIBILITY OF INNOCENTS SUFFERRING INJUSTICES & RICH CRIMINALS GOING SCOT FREE.

in our neighbourhood , in our society private sector employees earning rs.10000 monthly income are finding it hard to meet ends , whereas many of the government officials earning lesser salary than that are leading luxurious lifestyles , how ?

Just yesterday Karnataka lokayukta raided & apprehended high police officials for possessing crores worth illegal wealth much above their stated legal incomes.

recently in the last week Karnataka lokayukta raided , seized illegal wealth of corrupt police , transport officials. The corruption is wide spread in public service including Karnataka lokayukta , central vigilance commission & CBI itselves. In 2006, when Karnataka lokayukta arrested 5 corrupt police officials & taking them in police jeep , 2 corrupt police officials escaped like petty criminals in cinematic manner.

There are vast number of corrupt public servants who are continuing their crimes unabetted due to their sharing arrangements with their higher ups. Only a minute number of corrupt are being booked, by the efforts of honest few in Karnataka lokayukta , CVC & CBI . The paradox is that the government instead of legally prosecuting those criminals – corrupt officials , is sitting over their files for years & have reinstated , promoted tainted officials.

Why do rich people / criminals pay bribe to police ? definitely not for charity , but not to mention their names in the FIR , to let them continue their crimes unabetted , to suppress evidences / witnesses , not to make their arrests , to conduct improper investigations , to close a case with B report , not to produce evidences / witnesses before the court , to fix-up poor innocents , to force the poor innocents to do the bidding of rich criminals , etc .

As a result of these sell out of police duties , rich criminals are going scot free , poor innocents are suffering in jail & corrupt police are amassing illegal wealth.

In the same way corrupt health department officials / doctors are selling out post mortem reports , medical certificates for a price , giving out certificates of legal compliance to adulterated food / medicine manufacturers , thereby killing thousands of people in their selfish greed to make more money.

The labour / pollution control board officials are selling out certicates , to criminal industrialists who are indulging in unfair labour practices , occupational hazards , thereby killing poor people , in their greed to make a fortune.

The tax officials are making lesser / favourable tax assessments favouring industrialists /traders for a price, aiding them to evade tax. As a result the public exchequer is loosing money , for it’s social welfare , defence , other programmes. The ill-gotten wealth of industrialists / traders ie BLACK MONEY is disturbing our national economy & finding it’s way to underworld , mafia & terrorist outfits.

The corrupt police , tax officials , public servants are worse parasites than britishers . the threat & damge to india’s security , integrity is more from these criminals – corrupt public servants than from USA , CHINA or PAKISTAN.

God save my country . jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

AN APPEAL TO HONOURABLE KARNATAKA LOKAYUKTA , CENTAL VIGILANCE COMMISSIONER & DIRECTOR CENTRAL BUREAU OF INVESTIGATION

Hereby , we do call upon Karnataka lokayukta , central vigilance commission & CBI

To stop accepting all government officials reports , reports as sacrosanct documents , most truthful evidences.
to publish wealth details of it’s own staff & all public servants department wise annually with provision for cross verification by public.
to make it mandatory for all public servants including judges , constitutional functionaries to submit annual wealth statements on affidavit & to make it public with provision for cross verification by public.
to initiate legal action for those giving false statements on affidavit.
the corrupt public servants who intentionally give false information or hide information under one pretext or the other while information is sought under RTI Act , all with a view to hide crimes must be legally prosecuted as criminals as in normal legal recourse persons who help criminals in destroying evidences , crimes are prosecuted.
the corrupt officials don’t leave evidences in open. Their higher ups who have taken kick backs from their corrupt subordinate always give a favourable report about him. So, during legal prosecution those reports must not be relied upon. In fact , there is a gross mismatch between government reports & ground reality. Take for example , in mysore construction is going on in INFOSYS campus on huge scale . most of the construction workers are not even covered by statuotary requirement of ESI , PF. The occupational hazards are more , accidents are common place , recently even deaths of workers have occurred due to occupational hazards . in the media also it was reported , in the media report it was even mentioned that vijayanagar police have registered a case & investigating. However when the information about it was sought from labour commissioner of Karnataka as per RTI Act , assistant labour commissioner of mysore has stated that no occupational deaths have taken place in either 2006 or 2007. SEE THE GROUND REALITY IS DIFFERENT WHEREAS THE GOVERNMENT RECORD , LABOUR DEPARTMENT RECORDS SING A DIFFERENT TUNE. THE FAILURE IN OUR DEMOCRACY IS THAT THESE FAKE RECORDS , STATEMENTS OF GOVERNMENT OFFICIALS ARE TAKEN AS ULTIMATE TRUTH BY COURTS OF LAW & PROSECUTING AUTHORITIES. I can give more actual examples like this.
so , involve public in the inspection teams , raiding parties of tax department , labour department , excise department , drugs control , weights & measures , etc. these public can put a check to the corrupt practices , fake records of these corrupt government officials.
kindly do remember that in 2006-07 , a corrupt judge was exposed by media efforts. The said corrupt judge in his urgency to collect bribe has not even looked at the INTENDED PERSONS TO BE ARRESTED & blindly signed the copies of arrest warrant . the arrest warrant was against H.E . PRESIDENT OF INDIA , HONOURABLE CHIEF JUSTICE OF INDIA & HONOURABLE PRIME MINISTER OF INDIA. As in the normal working of government machinery if it was pursued , president of India , chief justice of India & prime minister of India should have been arrested. Technically speaking it was right. However common sense prevailed & the higher judiciary took appropriate action as the issue concerned VVIPs. Normally our courts of law , authorities work without common sense like horses of horse cart whose eyes are partially covered allowing only narrow vision , just by relying on government reports , records of corrupt public servants. The courts , authorities just functions by technicalities. This must stop for the sake of justice , fairness.
when a public makes complaint to Karnataka lokayukta , CVC or CBI about corrupt practices of a public servant , they must stop relying on the legal opinion of it’s own advocates as they just rely on government records. Take for example the wrong legal opinion of legal expert of Karnataka lokayukta. The lokayukta has legal jurisdiction to inquire into all Karnataka state government institutions & organizations funded , supported by government of Karnataka. There are other examples where In Karnataka lokayukta has taken action against employees of Karnataka government aided institutions . The PES COLLEGE OF ENGINEERING mandya is funded & aided by government of Karnataka , but when we made a complaint regarding corruption in that institution , the legal expert of Karnataka lokayukta gave his expert opinion that the said institution is out of lokayukta’s legal jurisdiction , so no action is called for . based on this opinion Karnataka lokayukta rejected my complaint. Some of these legal experts are indirectly covering up criminals , stop relying on their expert opinions.
when a complaint is given to Karnataka lokayukta , CVC or CBI they in turn ask the complainant himself for supporting evidences , records. The government has given them vast police force to enforce law , to inquire & to collect evidences. How can a commoner can collect evidences , the criminal don’t leave evidences in open , all the commoner can do is make complaint regarding the injustices he has suffered. The complaints must be accepted & inquired into with or without evidences , lack of evidences should not be the sole reason for dismissal of complaint as presently Karnataka lokayukta , CVC & CBI are doing .
review all the past official decisions of corrupt officials apprehended by Karnataka lokayukta , CVC & CBI. As there are possibilities of innocents suffering injustices & rich criminals going scot free.

WHO WILL BELL THE CORRUPT FEW AMONG INDIAN JUDICIARY & INDIAN POLICE ?

When the fence itself eats into the crop which it has to protect , when the doctor himself kills the patient whom he has to treat , when the mother supposed protect her child kills it herself , when the king supposed to protect his subjects himself kills them , WHEN THE POLICE & JUDGE SUPPOSED TO GIVE JUSTICE , PROTECT HIS CITTIZENS HIMSELF MEATS OUT INJUSTICE , where to appeal ? it is nothing but anarchy. These corrupt few are also bringing disgrace to the august institutions they occupy & are also making contempt of those very offices they hold & making contempt of citizens of India.

Who will dare to bell the fat , corrupt cats & save democracy in India.

Your’s sincerely,

Nagaraj.M.R.

INDIAN JUDICIARY UNDER RTI PURVIEW

The corrupt among public servants always give a ruse , reason to escape from accountability. Recently government of Karnataka under president’s rule has enacted a rule limiting the number of informations sought in RTI application to 3 . already bureaucrats are successful in exempting official file notings from RTI purview. These file notings are the basis on which official decisions are taken by superiors , so if one wants to know the intention behind an official decision it is imperative to know all the notings.

Police apply 3^rd degree torture on accussed , ask questions for hours in the name of extracting truth , the same police are afraid to answer questions lest the truth come out.

In the courts of law , numerous questions are asked , cross examination done to extract truth . if one remains silent it amounts to confession / agreeing to all charges leveled. In courts of law , during cross examination one must give straight forward answers , one cann’t give vague answers nor state excuses for not answering a question. If one doesn’t give straight forward answers that also is considered as agrreing to the charges levelled. The courts go to any length to extract answers to it’s questions , take for example rape cases in the backdrop of our Indian tradition. In the courts of law , the rape victim – woman who has already suffered injustice , shame is made to depose before male judges , lawyers who are total strangers and made to repeatedly explain how the crime of rape was committed. So once again the victim is made to suffer more shame in the society. For the courts answers to questions , cross examination , legal procedures is more important than honour of woman. The very same judges are afraid to answer questions , cross examination under one pretext or the other lest the truth come out.

Even our people’s representatives – MPs , MLAs , etc are afraid to speak out truth , to honour RTI act citing legal privileges , etc. in India , during appointment of persons to government service back ground check & clearance by police is mandatory & during appointment into sensitive defense , space , atomic energy establishments , etc apart from police verification , investigation by intelligence agencies is a must. No such thing for our MLAs , MPs . However now criminalization of politics is almost in India , some of the accussed are drafting laws like IPC , Indian defense rules , police code , purviews of judiciary , etc. they are drafting laws to legalise their crimes. The election commission of India is not properly verifying the affidavits of candidates , also the vigilance authorities , lokayukthas are not properly verifying the affidavits of sitting MLAs , MPs , etc.

More than RTI ACT , to seek information is part of every Indian citizen’s fundamental rights & human rights , RTI ACT is just fulfilling that right partly & fixing a time frame. Nobody , no constitutional functionary is higher than Indian citizens , nobody’s privileges or any laws prevailing over the fundamental rights & duties of Indian citizens is constitutional , just or legal . The shame is that even after 60 years of independence , FUNDAMENTAL RIGHTS & DUTIES OF INDIAN CITIZENS is observed more in breach than implementation , by our public servants including the judiciary .

Hereby , we urge all the public servants – judges , police , people’s representatives to honour RTI ACT , to honour Indian citizen’s fundamental & human rights and to facilitate them to perform their fundamental duties. The silence of public servants to the questions asked or vague answers , ruses by public servants amounts to confessions , agreeing to the questions , charges leveled & crimes committed .

Let the TRUTH prevail. Jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

Judiciary under RTI Act, says parliamentary panel

New Delhi, April 29
A parliamentary committee today held that judiciary comes under the purview of the Right to Information law with regard to all activities of administration except “judicial decision making.” “Except the judicial decision making, all other activities of administration and the persons included in it (judiciary) are subject to RTI Act,” said the report of the Parliamentary Standing Committee on Personnel, Law and Justice.

The opinion of the committee headed by E.M. Sudarsana Natchiappanan comes against the backdrop of a raging controversy over whether the judiciary comes under the RTI purview. Chief Justice of India K.G. Balakrishnan had recently said the CJI is a constitutional authority and does not come within the purview of the RTI Act.

The committee, which went into the demands of grants for the personnel ministry and discussed the interpretation of Section 2 (h) of the RTI Act, that is, definition of public authority, said the provision is very clear that all constitutional authorities come under the definition of public authority. The committee had examined in detail every clause of the RTI Act, 2004 and was conscious of the fact that all wings of the state, executive, legislature and judiciary, are fully covered under this Act since all organs of the state are accountable to the citizens of India in a democratic state. “It is more so since the judiciary is having a dual role as (i) administrative function and (ii) judicial decision making.

AN APPEAL TO HONOURABLE CENTRAL INFORMATION COMMISSIONER , NEW DELHI & STATE INFOR MATION COMMISSIONER , BANGALORE.

We at e-voice of human rights watch has requested for following information ( ANSWERS TO THE FOLLOWING QUESTIONS ) from honourable CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA , NEW DELHI , UNION HOME SECRETARY , GOI , NEW DELHI , DG&IG OF POLICE , GOK , BANGALORE , COMMISSIONER , BANGALORE DEVELOPMENT AUTHORITY , BANGALORE & COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE , as per RTI Act . All of them have failed to provide complete truthful information to us.

Full Case details are given at following web page,

RTI APPEAL TO 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/ ,

RTI APPEAL TO 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/ ,

RTI APPEAL TO 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/ ,

RTI APPEAL BDA COMMISSIONER , MUDA , MYSORE

http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,

http://crimesatmudamysore.wordpress.com/ ,

RTI APPEAL TO BDA COMMISSIONER , BDA , BANGALORE

http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,

Hereby , we do once again request you to order the said public servants - to comply with RTI Act & to provide the full information to us at the earliest. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

INDIAN JUDICIAL & LEGAL SYSTEM INDIRECTLY IN THE CLUTCHES OF MAFIA

In India , justice , equality & democracy an illusion . all those words are only there is in statuette books , but not in practice . the rich & mighty crooks are committing gravest crimes & escaping from the hands of law by manipulating evidences , by bribing the public servants to create favourable government reports , records. Poor
people who have suffered injustices are not getting justice due to lack of evidences & government reports , records to prove their case.

CORRUPTION IS THERE RIGHT FROM GOVERNMENT MATERNITY HOSPITAL UPTO
GRAVEYARD , THROUGHT THE WALK OF ONE’S LIFE.

The corrupt public servants are more cruel , damaging criminals than our previous british oppressors or dawood ibrahim & other under world dons. The gravest threat , damages to india’s security & national integrity is more from these corrupt public servants than Pakistan or china or other terrorist outfits. These corrupt public servants can stoop to any level in their greed for money. The present state affairs is a shame to our political & legal system and a barometer , indicator to their efficiency.

Recently , we have seen in the media , how people of bihar meated out mob justice to a criminal , that will be the fate of corrupt police , doctors , other officials in the future. But the violence is not the answer , that will only lead towards anarchy. We must establish true democracy of bapuji’s dreams , true freedom , equality for all in practice for which so many of our fore fathers , freedom fighters sacrificed their life for.

THE ANSWER LIES IN ACCOUNTABILITY OF PUBLIC SERVANTS , ALL CONSTITUTIONAL FUNCTIONARIES INCLUDING JUDGES , TO THEIR PAY MASTERS - MONARCHS OF DEMOCRACY ie CITIZENS OF DEMOCRATIC INDIA. Hope this will dawn on our public servants that they are PUBLIC SERVANTS NOT PUBLIC MASTERS.

Failure of RTI Act in India

- In the clutches of corrupt public servants mafia

In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.

The corruption has spread it’s tentacles far & wide in the public service. The bribe booty is shared by lower to higher officials. If an official is complained against , his higher official conducts a formal investigation & reports in the record that lower official is not guilty.

The vigilance authorities / Karnataka lokayukta has recently raided on police , tax officials & seized illegal wealth amounting to crores of rupees. Take the recent case where in senior IPS officer , superintendent of police chamarajanagar , mr.srikantappa was arrested by Karnataka lokayukta. The victims spoke to media that he used to threaten them with false cases. In this way , how many victims / innocents were arrested & tortured by his arrest warrants ? how many innocents suffered in false cases ? how many rich criminals got scot free , by srikantappa’s filing of B reports leading to closure of cases ?

In the past how many suffered by srikantappa’s actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?

The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials ï¿½ police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it’s face value & meat out injustices to the poor , innocents while aiding the rich criminals.

When a commoner requests for information as per RTI Act , the government officials either give incomplete information , false information or decline to give information under one pretext or the other. The officials are damn sure that the truthful information will be detrimental to themselves & will be taken as evidence against themselves in the courts of law. So information , truth is not given. Even information commissions are failing here. Thereby, the public are denied to seek justice in the courts of law , by lack of evidences.

The courts of law before accepting the records of government officials , must subject it to a “test of truth”. When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official ï¿½ police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent’s side. In that way , impartially truth can be found out. After all , the objective of courts of law is “Quest for Truth”, not just giving out judgements based on reports of corrupt officials.

Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one’s case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3^rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India ï¿½ kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants.

We at e ï¿½ voice of human rights of watch have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.

In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public’s money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don’t give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3^rd degree torture in custody. The presiding judge of the case doesn’t safe guard the rights , health , life of victims in custody. The judge doesn’t check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of “local citizens vs coca cola company” in plachimada , kerala.

Is it not right & just in such cases , to subject the presiding judge , police , concerned government officialds & most importantly key officials of that criminal private enterprise to lie detector , narco- analysis tests , to know the truth ? is it not right to conduct the inspection of alleged site , review of all company’s records , by a team comprising of members from public , court , complainant & respondent ?

Some of these criminal enterprises threaten to finish off the poor victims . as these company’s have money power they can buy out rowdies , police & capable of doing anything. In such cases , if anything untoward happens to the victim or his family , are not the officials of such criminal enterprise liable to pay compensation to the victims’s family or survivors ?

In India , do we truly have democracy & freedom ? is this corrupt India ï¿½ what our freedom fighters dreamt of & fought for ?

</script>

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
home page: http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com
a member of AMNESTY INTERNATIONAL INDIA

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November 22, 2009

Salutes to Martyrs of 9/11 , 26/11

Filed under: Uncategorized — Tags: 26/11, 9/11, DUBEY, MANJUNATH, RTI — nagmysr @ 6:17 am

S.O.S – e – Clarion Of Dalit – Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R… VOL.3 issue. 48… 02 / 12 / 2009

Editorial : 26/11 – SALUTES TO NSG COMMANDOS & MUMBAI POLICE

Salutes to S. MANJUNATH & SATYENDRA DUBEY , WHO STOOD FOR HONESTY , SINCERETY OF DUTY & FOR UPHOLDING LAW , FINALLY PAYING THEIR OWN LIVES FOR IT.

We express our deep condolences to the victims of 26/11/08 mumbai terrorist attacks. We at e-voice salute our NSG Commondos & Mumbai police for teaching the external enemies a befitting lesson and protecting our motherland from the external enemies. We pay our whole hearted respects to the martyrs , who laid down their lives , in the course of protecting our people & country from the clutches of terrorists.
At this juncture , we must also remember our kargil martyrs of Indian military who sacrificed their lives protecting our motherland – INDIA from enemies.

India equally faces greater threat from internal enemies – corrupt public servants ( who are deadlier than pak terrorists). These corrupt public servants sell everything , motherland , for money , for bribe.

Mumbai terrorists killed 200 people , where as a fake drugs manufacturer kills thousands of people by selling fake drugs / fake medicines. Drugs control department officials lets off many such such fake drugs manufacturers , in turn killing thousands of innocents. The number of end victims are huge than any terrorist attacks. This is just one instance , in this way corrupt public servants of various departments compromise with their official duties & murder scores of innocents.

The corrupt public servants network , is oiled far better than italy’s mafia. Common man doesn’t get justice , even if he complains to higher officials , vigilance authorities or even court of law. As the bribe booty reaches higher-ups & political bosses.. thus black money is created.

The huge profits earned / black money created by criminal industrialists / entrepreneurs , finds it’s way to money laundering heavens. Thus our economy is crippled , public exchequer deprived of it’s dues. The money thus laundered feeds terrorist outfits , underworld dons , in their criminal deeds.

Now , underworld / terrorist outfits are involved in huge real estate business , film production / distribution , film piracy business , etc , to reap more illegal profits out of illegal money. This shakes upside down our government’s fiscal policies.

If a corrupt public servant is apprehended , it is equal to depriving 100 terrorists out of funds , putting 100 criminals out of action. Will the common man raise to give a befitting lesson to corrupt public servants. Jai hind. Vande mataram.

Your’s sincerely,

Nagaraj.M.R.

9/11 , 26/11 – SIGN TO LEGALLY PROSECUTE SPONSORERS OF TERRORISM

Visit , read the petition & support by signing the petition demanding
LEGAL PROSECUTION OF SPONSORERS OF TERRORISM

http://www.thepetitionsite.com/1/911-2611—prosecute-the-sponsorers-of-terrorism ,

http://www.petitionspot.com/petitions/sponsor ,

Visit , read the petition & support by signing the petition demanding , COMPLIANCE OF RTI ACT , CONSTITUTION OF INDIA ,
ACCOUNTABILITY OF INDIAN JUDGES & POLICE.

http://www.thepetitionsite.com/4/accountability-of-indian-judges#signatures ,

http://www.petitionspot.com/petitions/judge ,

RTI harassment: Nitish asks DGP, Chief Secy to probe

Four days after an Indian Express report on the alleged framing of false cases against RTI applicants in Bihar, Chief Minister Nitish Kumar has asked the Chief Secretary and Director General of Police to look into the cases and initiate departmental proceedings against information officers if they are found guilty of “harassing” RTI applicants.
Nitish, who called a meeting of Chief Secretary Anup Mukherjee, DGP Anand Shankar, as well as principal secretaries and senior police officers, asked Mukherjee and Shankar to ensure that RTI applicants were not harassed. Asking the DGP to “identity errant information officers”, he also instructed the Chief Secretary to initiate departmental inquiries against those found guilty.
“Let RTI applicants call Jankari call centre to register their complaints against information officers. We will soon have a devoted helpline to take up RTI complaint cases soon,” said the Chief Minister. Bihar, incidentally, is the first state to start an RTI call centre.

Nitish said that any laxity in dealing with RTI complaints would not be tolerated and has also asked Chief Information Officer Ashok Choudhary to personally supervise such cases.
The Bihar Human Rights Commission on October 29 had asked the state government to explain why information officers should not be suspended for “framing false cases” against 42 RTI applicants. The state government has to reply to the BHRC by mid-December on its action taken report on RTI harassment cases.

Amendments to RTI Act on the anvil
Vidya Subrahmaniam

The Department of Personnel and Training (Ministry of Personnel, Public Grievance and Pensions) has admitted that the government is considering amendments to the Right to Information Act, 2005.
The admission, which came at a meeting between RTI activists and DoPT Secretary Shantanu Consul on Saturday, ended the suspense over whether or not the government was contemplating amendments to the RTI.
Speculation in this regard started following a meeting that the DoPT had with Information Officers on October 14 where a proposal for the amendments was formally put on the table. However, the government refused to confirm or deny the move, leading to a growing anxiety in RTI circles.
Significantly, Mr. Consul assured the delegation led by Aruna Roy of the National Campaign for People’s Right to Information (NCPRI), that the amendments will only be introduced after hearing the views and objections of civil society groups. He said the department would initiate a “transparent and consultative process,” including putting up the draft amendments on the DoPT website, to enable public and civil society participation in their implementation.
Mr. Consul also said the amendments would not go through if civil society groups were able to convince the government that they were not necessary, and the purpose for which they were being considered could be met in other ways.
Earlier in the day, hundreds of activists from the NCPRI and other organisations gathered at Jantar Mantar to warn the government against tinkering with the RTI Act, 2005.
The delegation that met Mr. Consul presented him a letter containing their misgivings over the proposed amendments. The letter was signed. among others by Ms. Roy, Nikhil Dey and Shekhar Singh of the NCPRI and Annie Raja of the National Federation of Indian Women.
The signatories said they had apprehensions that the government was moving towards amending the RTI and cited as evidence the October 14 meeting between the DoPT and Information Officers.
The RTI activists also wrote to the Prime Minister on October 20, which was signed by dozens of public-spirited citizens. The letter argued that the proposed amendments — envisaging exemption from disclosure for official discussions and consultations (previously known as file notings) and prohibition of frivolous and vexatious complaints — far from strengthening the Act, as promised by the President in her June 4 address to Parliament, would in fact emasculate the Act.
The letter quoted two nation-wide studies, “one done under the aegis of the government,” to make the point that RTI was constrained, not by issues being considered for amendment such as frivolous complaints and file notings, but by inadequate implementation, lack of trained staff, and poor management. There was no suggestion in either of the studies that RTI work was hampered by “frivolous or vexatious” applications or by disclosure of “file notings,” it said.
The letter said: “This government gave its citizens the RTI Act, and there has been no crisis in government as a result of its enactment. In fact… its use by ordinary people is helping change its (the country’s) image to that of an open and receptive democracy. An amendment in the Act would be an obviously retrograde step, at a time when there is a popular consensus to strengthen it through rules and better implementation…”
Keywords: RTI Act, Amendments, NCPRI, Ms. Aruna Roy

Villagers, activists up in arms over proposed RTI changes

NEW DELHI: Kheema Ram, a 40-year-old farmer from Rajasthan who exposed a number of corrupt practices through his more than 350 RTI applications

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is against any amendments in the Act. Ram, hailing from Rajsamund district, travelled all the way to Delhi along with fellow villagers on Saturday to protest against the proposed amendments in the RTI Act which may take out some categories of information from the Act’s ambit.

“The discussed amendments will take out the ‘Atma’ of the act. We will be at the mercy of the public information officer for extracting even the most relevant information. They can reject our applications, saying its `frivolous’, if the changes materialise,” he said.

Ram’s views find resonance among a cross section of intellectuals, social workers, politicians, farmers and RTI activists. Opposing the proposal to “weaken” the Act, people from 10 states across the country gathered at Jantar Mantar on Saturday for a day long dharna.

Several civil society groups and organisations, individuals and users of the RTI Act assembled at the dharna organised by the National Campaign for People’s Right to Information. Amongst those present were information commissioner Shailesh Gandhi, social activist Aruna Roy, economist Jean Dreze, CPI General Secretary D Raja, RTI activist Shekhar Singh, renowned theatre personality Tripurari Sharma, Nikhil Dey and Swami Agnivesh of the Bandhwa Mukti Morcha. A collective demand was made to not amend the Act but to implement it properly.

Magsaysay award winner Aruna Roy, who played a crucial role in shaping the RTI movement in the country, lamented that instead of ensuring better implementation in crucial areas like proactive disclosure, the government is now looking to enfeeble the Act.

“The act has proved itself among the masses and people have benefited from it. It is wrong to suggest changes in it at this stage. The effort should be to ensure its full implementation in letter and spirit,” Roy said.

Another RTI doyen Shekhar Singh said the manner in which these changes have been put forward has raised concern among people who are using it. “Government had spent Rs 70 lakh for a study by a private body. The report does not even say vexatious or frivolous applications are a problem for the system. Information commissioners from across the country have also opposed any changes in the Act,” Singh said, wondering why there is talk of amendments.

RTI activist Commodore Lokesh Batra said it is too early to bring any changes in the Act. “The proposed changes will give powers to the public information officers to reject applications if they feel it is vexatious or frivolous. It will leave scope for misuse,” he said.

Later, a representative delegation of 7 members, led by Aruna Roy and Shekhar Singh, went to meet the DoPT secretary Shantanu Consul to discuss the current proposal regarding the amendments. The secretary confirmed that a set of amendments are under consideration, but before they are approved, the DoPT will follow a transparent and open consultative process. All further proposals for amending the law will be put up on the DoPT website and affected parties and stakeholders will be consulted before the government considers any amendments to the law. The secretary further assured the group that the minutes of the meetings held with the information commissioners in October 2009 will also be made available on the DoPT website soon.

RTI ACT VIOLATIONS BY HIGH & MIGHTY
Questions public servants are afraid to answer

The police , judges , public servants , etc question the accussed
persons , to ascertain the root cause of crime or dispute, to know the
truth behind every actions. The police even apply 3rd degree torture
on commoners ( although it is illegal ) to elicit truth , information
about crimes. When the same public wants to know the truth behind
crimes involving police , judges & public servants , and seeking truth
, answers , informations as per RTI ACT from police , judges & public
servants , they are not answering lest the truth come out. They are
citing one or the other technical reasons to hide information , to
hide truth about crimes , to shield the criminals. If any of the
following public servants truly stands for law , justice , truth , let
them answer for the following questions publicly through media

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/ ,

Case no.1 CORPORATE CRIMES RPG CABLES LIMITED

http://groups.yahoo.com/group/naghrw/message/218

case no.2 MEGA FRAUD BY GOVERNMENT OF INDIA

http://groups.yahoo.com/group/naghrw/message/196

Case no.3 are you ready to catch tax thieves ?

http://groups.yahoo.com/group/naghrw/message/196

case no.4 MOBILE PHONES , CURRENCY SCANDALS

http://groups.yahoo.com/group/naghrw/message/196

Case no.5 reliance industry where is accountability ?

http://groups.yahoo.com/group/naghrw/message/196

case no.6 crimes at infosys campus

http://groups.yahoo.com/group/naghrw/message/214

case no.6 crimes by B.D.A against a poor woman

http://groups.yahoo.com/group/naghrw/message/212

case no.7 crimes of land mafia in India

http://groups.yahoo.com/group/naghrw/message/212

case no.8 currency thefts in RBI Press

http://groups.yahoo.com/group/naghrw/message/80

case no.9 killer colas & killer medicines of India

http://groups.yahoo.com/group/naghrw/message/201

RIGHT TO INFORMATION
By Vienaya Ganesan

Introduction:
Since June 2005, when Right to Information Act, was passed, it has been hailed as the hallmark of democracy for the reasons that it purports to make, as regards government information, disclosure the norm and secrecy as the exception. Experts feel that as the Act aims at making the government transparent and more accountable, the effective use of it would, in a long run, curb corruption.
But is this really the truth? With administrators and legislators, who are always in an attempt to narrow the scope and applicability of the Act, in the past one year the Act has seen more controversies than success stories. From parliamentary debate relating to exclusion of file notings to army’s refusal to grant information, it is evident that the ‘right to information’, as a statutory right, has served as a puppet in the hands of our rulers. There is, therefore, a need felt for a superior and more dynamic right.
In this article, I analyze the reasons as to why right to information need to have been included in Part III of the Constitution, to be granted as a fundamental right rather than a statutory right. This would have kept the constant attacks the right suffers at the hands of the politicians at bay.
Ideal Status Of Right To Information:
The ideal status the right to information deserves is that of a fundamental right under our Constitution .With the Constitutional guarantee to conform to, the Act could have been used as an instrument constituting the requisite authorities, apart from laying down the quintessential exceptions to granting information, such as national security and parliamentary privilege.
Right To Information Recognized As A Fundamental Right By The Judiciary:
At this juncture, it is imperative to note that the Supreme Court, in State of U.P v. Raj Narain – a 1974 case, recognized the ‘right to know’ as a right inherent in Fundamental Right to freedom of speech and expression guaranteed under article 19(1)(a) of the Constitution. Following this, a plethora of cases the right to information was recognized as a right implicit in the article 19(1)(a) and in article 21 (fundamental right to life and personal liberty).
In Peoples Union for Civil Liberties v. Union of India , the Supreme Court observed that in
Right of information is a facet of the freedom of ‘speech and expression’ as contained in Article 19(1)(a) of the Constitution of India. Right of information, thus, indisputably is a fundamental right.
However, every time the Constitution is amended, the ‘basic structure’ test laid down in Keshavanada Bharti Case has to be satisfied. The test provides that a constitutional amendment should not be in derogation of the basic features of the Constitution like judicial review, democracy or Rule of Law. While including the right to information is as a fundamental right, if at all there is any effect on any of the basic structure it would be in the nature of strengthening the democracy and making it progressive, as envisaged by the makers of our Constitution.
Need For The Fundamental Right Status:
The nature of problems the Act has faced till date ranges from administrative interpretation against the grant of requested information, to ordinary and easy amendment to reduce the scope of the Act. I feel, the above problems would not have arisen had the right been a fundamental right. Let us now analyse the problems case-wise to understand my reasoning.
1. Exclusion of ‘File Notings’ From the Purview of the RTI Act:
In December 2005, the Central Government, for the first time, floated the idea to excluding ‘file notings’ from the scope of the Act by bringing about an amendment to the Act. File notings is an important public document containing details of the decision making process in any public matter – such as who said what and who rejected whose view and on what grounds before a decision was reached in government. It also includes the official correspondence between officers in pursuance of a government scheme or project.
The news created uproar, with activists opining that the accountability of the government would remain only in paper with such exclusion. The matter was then put to rest with the Prime Minister, Mr. Manmohan Singh’s statement against the exclusion.
However, today the matter is back in news. As on date, the Union Cabinet has approved the Amendment Bill to the Act, that when passed will exempt file notings as information that can be demanded as a matter of right.
2. Indian Army’s Recent Refusal to Grant Information:
Again in December 2005, the Indian Army refused to provide information to an applicant on the ground that issues of national security were involved in the requested information. This was in spite of the Army not being one of the eighteen agencies that are exempted under the Act, by virtue of section.24. But when the PM intervened and insisted that Army cannot refuse until a government notification to that effect, the army retracted its stand.
Could It Have Been Avoided?
The above mentioned controversies has brought out into the open, the hard facts. The spineless politicians are going to amend the Act as and when they like it, suiting their needs of the day; the officers are going be complacent and hesitant in giving the information. Had right to information been a Constitutional provision, the fear of PILs would have kept a check on the notoriety of the parliamentarians and authorities.
Conclusion:
Thus, it is evident the issues such as those illustrated above could have been avoided had right to information been a fundamental right under the Constitution. Ideally, the legislature should have brought about a constitutional amendment to include the right to information as a fundamental right and the Act should have merely constituted the Information Commissions and appointed the Public Information Officers. With the separate government agency to tackle the problems relating to the fundamental right to information, the evils of bureaucratic pressures and whimsical administrative interpretations could have been kept at bay and democracy celebrated.
Inclusion of right to information as a fundamental right would have also been in conformity with the decisions of the apex court.
Therefore, though India has finally woken up to realize that right to information is a key component in the attainment of economic, social and political rights of an individual as well as the community at large, in my opinion, the step she has taken towards it could have been more effective had she guaranteed a fundamental right to information to its citizenry.

Failure of RTI Act in India
- In the clutches of corrupt public servants mafia

Salutes to S. MANJUNATH & SATYENDRA DUBEY , WHO STOOD FOR HONESTY , SINCERETY OF DUTY & FOR UPHOLDING LAW , FINALLY PAYING THEIR OWN LIVES FOR IT.

Nowadays , RTI requests of commoners is not honored by public servants , truthful information is not given . If the common man persists with his RTI information request , the commoner himself is fixed in cases with cooked-up charges by corrupt public servants. At all costs the corrupt public servants ensure that truth does not come into open .
In the courts of law , every statement to be valid must be supported by evidences. That too, the statements of public servants / government officials & their reports in government records are considered as sacrosanct , the ultimate gospel truth by courts of law.

In the past how many suffered by srikantappa’s actions ? has the court subjected to review all the previous actions of srikantappa throught his corrupt career ? if not , why ?

The courts of law has taken the official reports , records of mr.srikantappa as gospel truth & indirectly aided rich criminals & harmed innocents. It is the same case with respect to reports of all government officials – police , labour , tax , etc. the rich criminals buy out government officials & make them write favourable report about themselves. Whereas the poor , innocents suffer from adverse reports & injustices. The courts of law takes the government records at it’s face value & meat out injustices to the poor , innocents while aiding the rich criminals.

The courts of law before accepting the records of government officials , must subject it to a “test of truth”. When a government report is contested against , a fact finding team comprising members of public , complainant , respondent & the court , must check it out at the ground level. Orelse when a complainant says that the report of a government official – police , labour , tax , etc as false that government official must be subjected to lie detector test , narco-analysis, ertc by court of law. The questionnaire ie the questions to be asked during the scientific test are to be prepared with feedback from both complainant & respondent’s side. In that way , impartially truth can be found out. After all , the objective of courts of law is “Quest for Truth”, not just giving out judgements based on reports of corrupt officials.

Nowadays , we are even seeing reports of corruption among the judiciary itself. If a complaint against a judge is made out that a level ground is not provided to put up one’s case in the court or cross examination of one party is not allowed or lie detector test / narco analysis of one party is not allowed ( in turn taking the lies of that party as truth ), the judge making a varied interpretation of law, the judge not safe guarding the health & life of the complainant in the custody of police leading to 3rd degree torture of complainant by police , etc, in all such cases the supreme court of India must change the presiding judge of such cases , the cases must be thoroughly reviewed & the guilty judge must be subjected to narco-analysis , lie detector test , etc & legally prosecuted. In this back drop , accountability of police & judges to the public ie citizens of India – kings of democracy , is a must. After all , the kings of democracy / citizens of India / taxpayers are the paymasters of all public servants.

We at e – voice have utmost respect for the judiciary & all government institutions. It is the corrupt few in those institutions who are themselves bringing disgrace to the august institutions they occupy , by their corrupt deeds. The saving grace is that still honest few are left in public service & it is an appeal to them , to legally prosecute their corrupt colleagues.

In India , the private enterprises are the wealth creators of our economy. However , some private enterprises are violating labour laws , tax laws , human rights & fundamental rights of people. In turn harming the public , looting the tax dues. This is creating black money causing various social evils in the society. These huge private enterprises take loans from public sector banks ie take public’s money as loans , collect money from public in the form of shares , debentures , sell their product to the public. Still , they are not covered by RTI Act, they don’t give truthful information to the public nor allow public inspection of their sites , why ? they buy out concerned government officials & gets them to write favourable report about themselves. There are wide differences between the ground reality & these government reports. If the aggrieved person , victim of injustices meated out by these private enterprises , tries to legally seek justice, these criminal private enterprises buy out police , concerned officials & fixes up the victim in false cases. The police in total disregard to law violates the human rights & fundamental rights of the victim in custody , subjects the victim to 3rd degree torture in custody. The presiding judge of the case doesn’t safe guard the rights , health , life of victims in custody. The judge doesn’t check out the truthfulness of government reports & passes on judgement making varied interpretation of just remember the case of “local citizens vs coca cola company” in plachimada , kerala.

In India , do we truly have democracy & freedom ? is this corrupt India – what our freedom fighters dreamt of & fought for ?

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313 home page: http://groups.google.co.in/group/e-clarion-of-dalit/ , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ , e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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October 31, 2009

DC Manivannan sir – Biased Demolition

Filed under: Uncategorized — Tags: DEMOLITION, MANIVANNAN, MCC, MUDA, MYSORE — nagmysr @ 3:14 pm

S.O.S – e – Clarion Of Dalit – Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 45 11 / 11 / 2009

Editorial : PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , DISTIRCT MAGISTRATE MYSORE , COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY – biased demolition drive ?
Our publications expresses it’s whole hearted support to your
demolition drive against land grabbers – small fishes. what about the
bigger fishes , whales who have grabbed huge govt lands worth
crores , illegally built over corporation drainages , right under HT
electric lines , right on CA sites , right on lakes. Some of these
violations has occurred during your present tenure only , even it has
been brought to your personal notice , no action by you till date ,
why ? Now , MUDA is on the verge of giving whole sale LAND USAGE
CONVERSION FOR HUGE ACRES OF AGRICULTURAL LANDS TO COMMERCIAL ,
RESIDENTIAL , INDUSTRIAL USAGE. Before doing that please publicly
answer the following questionaire.
For the failure to answer our RTI request & to legally prosecute land
grabbers , building bye-law violators , our publication has failed a
criminal complaint against Commissioner MUDA & Commissioner , MCC at
vijayanagar police station , Mysore. Visit following websites to know
about the crimes of Indian public servants
CROSS EXAM OF INDIAN JUDGES

http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-indian…

,
POLICE NOT REGISTERING COMPLAINT

http://sites.google.com/site/sosevoiceforjustice/police-not-registeri…

,
Our publication has sought information as per RTI Act from MUDA , MCC
& district administration about various irregularities of land
allotment , conversions in & around mysore city. however till date MCC
has not cared to reply , MUDA has only given half truths , district
administration has not given full information at all. the officials of
said authorities are putting onus of giving information on the other.
thereby , the officials are indirectly protecting land mafia . now ,
you are the head of MUDA & DISTRICT ADMINISTRATION and you are well
known for your integrity , honesty of duty . we respect you & request
your kindself to publicly answer the following questions ( WHICH YOUR
OFFICIALS TRIED TO AVOID & HID ) , so that criminals will be put in
the open benefitting the larger public interest. JAI HIND. VANDE
MATARAM.
Your’s sincerely,
NAGARAJ.M.R.

PUBLIC CROSS-EXAMINATION OF SHRI.MANIVANNAN , I.A.S , HONOURABLE DISTRICT MAGISTRATE , MYSORE

1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised /
modified the mysore city’s comprehensive city development plan ?
2. how many cases of CDP violations were registered by MUDA / MCC /
GOVERNMENT since 1987 till date ?
3. how many cases of CDP violations were legalized in the CDP
revision / modification by the authorities ?
4. when an application for alienation of land is made to you , say
from civic amenity site to commercial , what norms are followed by
MUDA / MCC / GOVERNMENT ?
5. how do you provide alternate civic amenity site in the locality ,
if the area is already full ? do you deprive people of civic
amenities ?
6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting
market rate difference between civic amenity site & commercial site ?
if not why ?
7. in mysore city , many building complexes , buildings have been
built fully violating building bye-laws – no set off , no parking
space , no emergency fire exit , no earthquake tolerant . what action
by MUDA / MCC / GOVERNMENT ?
8. how many cases of building bye-laws violations has been registered
by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status
report yearwise ?
9. how much of MUDA’s / MCC’s / GOVERNMENT’s lands , sites , buildings
& houses have been illegally occupied by criminal tresspassers since
1987 ?
10. has the MUDA / MCC / GOVERNMENT registered criminal cases against
each such illegal occupation ? if not why ? provide status report
yearwise ?
11. in how many cases of such illegal occupation MUDA / MCC /
GOVERNMENT has legalized , regularized such illegal occupation just
through MUDA’s / MCC’s resolution instead of of reallotting the same
through public notification to the next senior most in the waiting
list , after giving notice of allotment cancellation to original
allottee ? if not done so why ?
12. has the MUDA / MCC / GOVERNMENT followed all legal norms in
reallotment of lands , sites , houses , etc to the illegal occupiers ?
what is the procedure followed ?
13. in mysore city , numerous housing societies & real estate
Developers have mushroomed , Land allotments of how many housing
societies , real estate firms among them are legally authorized by
MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?
14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against
such illegal housing societies & illegal real estate firms ? if not
why ?
15. what action MUDA / MCC / GOVERNMENT has initiated against real
estate firms & housing societies who have violated MUDA norms , layout
plans , etc ? if not why ?
16. the government has framed building bye-laws like width of road ,
space for civic amenities , parking space , emergency fire exit , etc
keeping high in the mind safety of people first. MUDA / MCC /
GOVERNMENT is in the practice of levying a pittance as penalty on the
building byelaw violators , layout Development plan violators &
legalizing those
violations. Safety of public & amenities of public are totally
neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer
injuries / accidents – say during a fire tragedy in a complex due to
lack of fire exit , when people park vehicles on pavement in front of
a business complex as the complex doesn’t have a parking space of it’s
own , the pedestrians going that way are forced to come down on road
resulting in accidents , injuries & deaths . is not the MUDA / MCC /
GOVERNMENT responsible for those accidents , injuries & deaths ?
17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of
Turn allotment of Lands , sites , houses to renowned sports persons ,
judges , journalists , politicians , artists , etc ?
18. how many judges , artists , politicians , journalists , sports
persons , etc have benefited from these out of turn allotments by
MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?
19. what action has been taken against developers , housing
societies , who have violated MUDA / MCC / GOVERNMENT norms ?
20. when poor scheduled caste , scheduled tribe people , minority
people illegally live On MUDA / MCC / GOVERNMENT sites building
temporary huts , MUDA / AUTHORITIES with the help of police razes down
those huts & evicts the poor by brute force. Whereas , when cronies of
political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth
crores of rupees & build big complexes earning thousands of rupees
monthly rent , MUDA or authorities not even files police complaint
against them instead regularizes the illegal occupation by levying a
pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?
21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA /
MCC / GOVERNMENT since 1987 till date ? yearwise figures ?
22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are
under illegal occupation ? status report yearwise since 1987 ?
23. how much of those has been recovered ? has the MUDA ,AUTHORITIES
recovered the rents earned by illegal occupation ?
24. have you filed police complaints against those criminals –
tresspassers ? if not why ?
25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient
time to bidders about it’s auction schedules ?
26. is the MUDA / MCC / GOVERNMENT giving market value to land
loosers ?
27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands ,
for the same purpose mentioned in the project plan ?
28. is the MUDA / AUTHORITIES acquiring lands at lower rates from
farmers & selling it at a premium , by way making profits just like a
real estate agency ?
29. in villages , there are cattle grazing grounds meant for the usage
of whole villagers, forest for the usage of whole village , lands
belonging to village temples. Some villagers have donated their
personal lands to village temples , cattle grazing for the benefit of
whole villagers. All the villagers are stake holders , owners of such
lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what
about welfare objectives of those lands ?
30. till date , how many lakes , ponds , how many feeder canals have
been closed , filled with mud , developed , sold as sites , etc by
MUDA MCC or other land developers ?
31. has the MUDA , MCC taken alternate steps to create new lakes ,
ponds ? how many are created till date ?
32. in & around mysore city , high tension electric lines are there in
busy residential areas . as per Indian electricity act , no permanent
structures should be under the HT lines. However there are buildings
under it. In some places , HT lines runs in the middle of the road.
The authorities Have developed those areas beneath HT lines as parks ,
rented out
advertisement spaces & built permanent fencing of those areas spending
lakhs of taxpayer’s money. This fencing obstructs the movement of
service personnel of electricity board , to service HT line. Are all
these structures under
& surrounding HT lines legal ?
33. till date how many burial grounds are acquired & sold as sites by
MUDA / MCC / GOVERNMENT or other developers ? specific figures
yearwise since 1987 castewise , religionwise ?
34. in & around mysore city , in how many areas developed by MUDA &
private developers , the sewage water generated in those areas is
directly let into lake , ponds ?
35. how many tributaries , lakes , ponds are killed in this fashion by
MUDA , MCC & other developers , housing societies ?
36. how many business complexes , flats , residential layouts
developed by private real estate developers , housing societies are
dumping the sewage , / waste generated in their buildings , into
unauthorized dumping grounds , lakes , etc . thus disturbing the
environment & creating public health hazard ? how the MUDA / MCC is
monitoring sewage / waste disposal ? status report yearwise since 1987
till date .
37. how many unauthorized housing layouts are there in & around mysore
city ? what action by MUDA / MCC / GOVERNMENT against them ? action
taken report yearwise since 1987 till date .
38. around mysore city , vast areas of village farm lands ,
agricultural lands are acquired by private real estate developers for
non agricultural purposes by a single firm or single owner. Are these
actions legal ? some of these real estate agents have sold those lands
to private industries , multinational companies for crores of rupees.
Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to
industrial usage. Has KIADB given consent to it ?
39. can a single individual / firm can purchase such vast tracts of
agricultural lands , is it legal ? is it within the KIADB’s
comprehensive industrial area development plan ?
40. has the MUDA / MCC , KIADB given wide publicity , public notice
calling for objections before alienation of such lands ?
41. are all those alienations , strictly in conformance to MUDA’s /
MCC’s CDP & KIADB’s industrial area development plan ? violations how
many ?
42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA
DEVELOPMENT PLAN , to suit those real estate developers & Private
companies ? on what legal grounds ?
43.what action has been taken based on mysore district magistrate
mr.T.M.Vijaya Bhaskar’s report on land grabbings in mysore ?
44.in mysore city , hebbal-hootagalli industrial area , a lake has
been destroyed while building kaynes hotel , hinkal lake is
shrinking , lake in front of BEML Quarters has been alloted to M/S
THRILLER CLOTHING CO, are all these actions legal & in conformance to
MUDA’s CDP ? if not why ? what action ?
45. while auctioning off the lands of sick industrial unit M/S IDEAL
JAWA LTD , was there any pre-qualification to bidders that after
purchase of lands only it must be used for industrial use or only
industries can participate in the bidding process ?
46.why not it has been clearly mentioned in the tender document that ,
said land is open for alienation ?
47. about this issue , our publication has even raised it’s
objections , in it’s newspaper . no action , why ? as a result , the
government , banks , employees were cheated off their dues & the
private firm made huge profits. is this auction & alienation legal ?
48.numerous NGO’s , trusts promoted by religious bodies , mutts are
allotted prime lands at preferrential rates , for the reason that they
will use it for public / social welfare. however many of the trusts
are using the whole or part of the land for commercial purposes other
than the stated public / social welfare purpose. what action has been
taken by MUDA , MCC or government in such cases ?
49.how many trusts have violated government norms in this way since
1987 till date? what action taken by MUDA , MCC & government action
taken report yearwise since 1987 till date ?
50.how many such illegalities / violations by trusts are regularized
by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987
till date ?
51.before regularizing such violations have you sought public
objections & given media publicity ? if not why ?
52.how you are monitoring the net wealth growth of some MUDA / MCC /
REVENUE officials & their family members , who have land acquisition /
denotifying , land usage conversion authorities ?
53.how many trusts , NGOs are allotted prime residential / commercial
lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said
trusts , NGOs have sulet it either partly or wholly to others ?
54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT
before the expiry of lease period , without public auction ?
55. what are the norms followed by MUDA / MCC / GOVERNMENT for the
sale of leased lands to the lessee before the expiry of lease period ?

land scam in Karnataka – an appeal to honourable supreme court of
India & H.E.Honourable Governor Of Karnataka

When a crime is noticed , it is the duty of the government to
investigate who did it ? and to legally prosecute them in court &
provide justice . if thousands of criminals , lakhs of criminals got
together & did the same type of crimes , all of them must be legally
prosecuted. Just for the overwhelming numbers of criminals law of the
land cann’t be changed. However in the Karnataka state , many
political bigwigs , rich crooks have done the same crime , LAND
GRABBING – illegal possession of government land & illegal
constructions over it. Important land records of those government
lands , lands belonging to poor are lost in record rooms of civic
bodies ( cunningly destroyed by corrupt officials ) Now, their
political masters are legalizing the crimes . what a shame to the
government of Karnataka ?
The shri.A.T. RAMA SWAMY , (M.L.A) standing committee in the
legislative assembly is still probing the land grabbings in Karnataka.
However the government in a hurry , is auctioning – off those
government lands without proper publicity to the auction process ,
sufficient time for bidder’s expression of interest. In some cases , a
pittance is levied as penalty for the illegal occupation to get it
legalized. The government is not bothered about legally prosecuting
the illegal occupier of those lands. In many civic bodies , important
property documents belonging to the government & poor are missing from
the record rooms. All these point towards the government intention ,
to legalise the crimes of illegal land occupiers who are nothing but
their own political cronies.
The recent ordinance by government of Karnataka to regularize land
deals is envisaging to legalize the crimes of rich. The illegal land
conversions , land encroachments , encroachment of civic amenities
made by the rich are being legalized with levying a pittance as
penalty in the name of public welfare . Whereas the land worth at
today’s market prices are 10’s of thousands of crore it is only wefare
of the rich & mighty . IT IS GOING TO BE MOTHER OF ALL SCAMS. The
authorities evict poor tribal people from their ancestral forest area
in the name of conservation , evict tribal people from villages in the
name of development without proper rehabilitation measures. The
government is not giving land rights to slum dwellers , poor , dalits
over the land they are dwelling , the government is deaf to appeals of
dalits for land rights. However the same government is sympathetic to
rich who have encroached land & built huge commercial complexes worth
crores violating all norms with total disregard to civic amenity or
safety.
Hereby , HRW appeals to honourable supreme court of India , to annul
the bid process of government of Karnataka with respect to illegally
occupied government lands & to annul this ordinance of government of
Karnataka which seeks to legalize land crimes.

THE CLOUT OF LAND MAFIA IN INDIA -the governments daring to by-pass judiciary – An appeal ( PIL ) to the honourable supreme court of India
The recent attempts by government of India & other state governments
to legalise land grabbings by enacting new land laws in the name of
public welfare is farce . while crores of people are without shelter &
are living on streets , people in slums , tribal lands are struggling
for land rights since decades the governments were mum & deaf. Now ,
as the rulers themselves & their cronies have built illegal
constructions running into crores they are shedding crocodile tears in
the name of public welfare. In india, various state governments have
enacted ” town municipal / city corporation laws & building laws” , to
ensure orderly growth of cities & towns , to ensure the safety of
buildings & it’s occupants , to ensure the safety of pedestrians &
road users.
Numerous educated people , ruling elite – ministers , police ,
government officials , M.Ps , M.L.As , etc knowing fully well about
the laws have illegally built bungalows , commercial complexes ,
throwing to wind all laws. In their greed they have shown utter
contempt towards law. They have encroached dried –up lakes ,
rivulets , rain flow paths , drainages , foot paths , civic amenity
sites. In their building there are violations of- lack of fire safety
exits , lack of parking space , encroachment of foot paths ,
conservancy line , drainages , etc.
There is wide spread corruption in the corporation / municipal
authorities. For a price officials have converted CA sites to
commercial purposes , authorised deviations / encroachments of public
lands like foot paths , drainages , parking space , set-off , etc. The
corporation officials themselves are violating city master plans. Even
before authorising the conversions & encroachments of lands , the
corporation officials are not making alternate arrangements. By all
these corrupt deeds many of the corporation officilas have become
millionaires . however more & more road accidents are taking place ,
building collapses & fire tragedies are occurring , during heavy
rainfalls water is getting clogged – ALL THESE RESULTING IN LOSS OF
HUMAN LIVE & PROPERTIES. In recent days numerous murders have taken
place over the real estate issues . THE CRIMINAL LAND GRABBERS MADE
DEATH THREATS & FORCED THE PIL APPLICANT IN THE KARNATAKA HIGH COURT
ABOUT LAND GRABBINGS IN KORAMANGALA LAYOUT BANGALORE. The government
of karnataka instead of protecting the PIL applicant & upholding the
law has taken sides with the land grabbers.
The state governments of karnataka & delhi has got M.L.As & officials
who have themselves violated building laws & grabbed govt lands. Now ,
the two govts are contemplating to bring in laws regularising these
land grabbing crimes for a pittance as penalty. All to by-pass
judiciary. The governments are least bothered about the lives of poor
& only too caring towards the land grabbing criminals. The same
governments have not yet given land rights to poor slum dwellers /
dalits , land rights to tribals living in forest since centuries ,
land rights to poor agricultural labourers, where as it is full of
concern towards rich & mighty land grabbers – criminals. Bottom line –
whatever be the magnitude of crime if you are rich & mighty law will
be bended to suit you , by bad luck if you are a poor folk you are
bound to suffer being on the right side of law also. Hereby , HUMAN
RIGHTS WATCH urges requests the honourable supreme court of india , to
register this as a PIL , to provide protection to the PIL applicant in
bangalore & to take appropriate actions against the GOK & GOD nipping
at bud their illegal motives to regularise land grabbings.

ILLEGALITIES IN AUCTION OF M/S IDEAL JAWA LTD MYSORE

During the auction of above sick industry the land usage was for
industrial purpose only. so, people with other commercial objectives
were not allowed to participate in the auction. Thereby, the final
auctioned amount was very much less than the market value. This has a
direct bearing on employees of that industry , lending banks , govt
dept , etc who have all put forward their claims for dues from that
industry. noW, all of them are getting very much less than what is due
from the closed company. A loss of crores of rupees to banks ,
government , employees has been made by the cunningness of civic
bodies.
Now in a backdoor move the M.U.D.A , K.I.A.D.B , M.C.C are moving to
give land usage conversion to the new occupier, who is building posh
villas & resorts here. Is it right & justified ? should not they
conduct auction once again or charge market value to the new owner.
LAND MAFIA IN KARNATAKA
The land mafia which has links with political leadership & top govt
servants in the state, is running business widely in & around
bangalore,mysore & other major towns. The authorities like city
corporation , B.D.A, M.U.D.A , K.I.A.D.B , etc are denotifying the
lands meant for public welfare in favour of land mafia. The
authorities have earmarked these lands for public welfare ie parks ,
schools , hospitals at the planning stage itself for current & future
needs of the people. In most cases the land mafia has illegally
occupied the lands , built commercial complexes & sold it for crores
of rupees.
1. the authorities are not demolishing these illegal structures &
prosecuting the occupiers.
2. In some cases the authorities are denotifying , regularizing those
illegal occupations by levying a pittance as penalty which is very
much less than the market value.
3. In some cases for example a notified site for school is alloted to
an educational trust. They build 2 rooms in 25% of the site & state
that this is free school meant for weaker sections. After a year or
two , they state before the authority that to run this school they
need funds. So they are planning to build commercial complexes around
the school site & by the rent collected from shops they will run the
school. In this manner sites meant for schools , hospitals , temples &
other social organisations apply for conversion of land usage & use
major portion of the land for commercial purposes.
Hereby , our publication urges the govt of karnataka & other
authorities ,
1. to clearly demarcate the govt lands & announce it boldly to the
public.
2. To clearly demarcate lands meant for public amenities both for
current & future usage.
3. To clearly demarcate lands required for town planning say 20 years
down the line.
4. To clearly mention in such plans the purpose it is reserved for ie
parks , hospitals , schools , etc.
5. To impartially act against illegal occupiers – rich or poor.
6. Say while denotifying a land meant for school an alternate land for
school must be incorporated in the original plan.
7. Before denotification public objections must be called for &
considered responsibly.
8. After denotification the land must be sold at the market rate not
the govt rate.
9. In case of land usage conversion also the objections from the
public must be called for & considered responsibly.
10. After land usage conversion an alternate land must be incorporated
in the plan for the original use.
11. In case of land usage conversion also the occupier must be charged
at the market value.
12. To declare annually the property details of all officials with
denotifying / land usage conversion authorities together with details
of their family member’s properties with provision for public
scrutiny, cross checking.
13. To ruthlessly prosecute the corrupt officials & ministers.
14. To make public the report of past district magistrate mysore mr.
T.M. VIJAYA BHASKAR about illegal land dealings in & around mysore.
Also the action taken report.

ILLEGALITIES IN BANGALORE-MYSORE EXPRESSWAY PROJECT
Different political parties are trading charges against each other
about illegalities in the mysore-bangalore expressway project. Grave
mistakes have been committed by the previous state governments. The
saving grace is judiciary has taken note of it. The fundamental
principle behind land acquisitions by the governments is to use that
acquired lands for public welfare. As the govt acquires the land with
this noble intentions even the land looser contents himself with
compensation at govt rate. Always the govt rate is much below market
value. If at all the govt wants to give out that acquired land to a
private party for private use or for the use of a selected few, the
govt must give prevailing market rate to the land looser. In such
cases the govt does not have authority to force the land owner to sell
his property.
In this mysore-bangalore 4 lane expressway project, following
inconsistencies are there,
1. this road is not for free public use, but only for those who pays
the toll fees.
2. The luxurious resorts , townships , etc which are to be built
alongside this road are not open for free public usage but only for
the rich who can afford it.
3. The govt has concluded this deal in a hush-hush manner.
4. Any disputes raised by this project should be addressed to
international arbiter at london which a poor land owner or general
public can ill-afford.
5. The govt has not paid the prevailing market value to the land
loosers.
6. The govt has not given the option to land owners not to sell their
property.
7. This whole project is for rich , built by the rich for the rich &
not meant for public welfare.
The govt must give back the lands to the owners who wants it back &
must pay the market value to those willing to sell. As this project is
built by wealthy people for wealthy people why cann’t they cough- up
market value?
APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA
APPLICATION FOR INFORMATION AS PER RTI ACT 2005 ( SEE RULE 22 OF RTI ACT 2005 )
FULL NAME OF THE APPLICANT : NAGARAJ.M.R.
ADDRESS OF THE APPLICANT :
NAGARAJ.M.R.,
EDITOR , E-VOICE OF HUMAN RIGHTS WATCH,
# LIG-2 / 761, OPP WATER WORKS OFFICE,
HUDCO FIRST STAGE, LAXMIKANTANAGAR,
HEBBAL, MYSORE , KARNATAKA , PIN – 570017.
DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :
HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS /
ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers )
ARE THE INFORMATION SOUGHT BY ME.
1. how many times since 1987 , MUDA / MCC / GOVERNMENT has revised /
modified the mysore city’s comprehensive city development plan ?
2. how many cases of CDP violations were registered by MUDA / MCC /
GOVERNMENT since 1987 till date ?
3. how many cases of CDP violations were legalized in the CDP
revision / modification by the authorities ?
4. when an application for alienation of land is made to you , say
from civic amenity site to commercial , what norms are followed by
MUDA / MCC / GOVERNMENT ?
5. how do you provide alternate civic amenity site in the locality ,
if the area is already full ? do you deprive people of civic
amenities ?
6. during such alenation , is the MUDA / MCC / GOVERNMENT collecting
market rate difference between civic amenity site & commercial site ?
if not why ?
7. in mysore city , many building complexes , buildings have been
built fully violating building bye-laws – no set off , no parking
space , no emergency fire exit , no earthquake tolerant . what action
by MUDA / MCC / GOVERNMENT ?
8. how many cases of building bye-laws violations has been registered
by MUDA / MCC / GOVERNMENT since 1987 ? what is the action status
report yearwise ?
9. how much of MUDA’s / MCC’s / GOVERNMENT’s lands , sites , buildings
& houses have been illegally occupied by criminal tresspassers since
1987 ?
10. has the MUDA / MCC / GOVERNMENT registered criminal cases against
each such illegal occupation ? if not why ? provide status report
yearwise ?
11. in how many cases of such illegal occupation MUDA / MCC /
GOVERNMENT has legalized , regularized such illegal occupation just
through MUDA’s / MCC’s resolution instead of of reallotting the same
through public notification to the next senior most in the waiting
list , after giving notice of allotment cancellation to original
allottee ? if not done so why ?
12. has the MUDA / MCC / GOVERNMENT followed all legal norms in
reallotment of lands , sites , houses , etc to the illegal occupiers ?
what is the procedure followed ?
13. in mysore city , numerous housing societies & real estate
Developers have mushroomed , Land allotments of how many housing
societies , real estate firms among them are legally authorized by
MUDA , MCC , GOVERNMENT & how many not ? since 1987 till date ?
14. has the MUDA / MCC / GOVERNMENT filed criminal complaints against
such illegal housing societies & illegal real estate firms ? if not
why ?
15. what action MUDA / MCC / GOVERNMENT has initiated against real
estate firms & housing societies who have violated MUDA norms , layout
plans , etc ? if not why ?
16. the government has framed building bye-laws like width of road ,
space for civic amenities , parking space , emergency fire exit , etc
keeping high in the mind safety of people first. MUDA / MCC /
GOVERNMENT is in the practice of levying a pittance as penalty on the
building byelaw violators , layout Development plan violators &
legalizing those
violations. Safety of public & amenities of public are totally
neglected by MUDA / MCC / GOVERNMENT . When public people die , suffer
injuries / accidents – say during a fire tragedy in a complex due to
lack of fire exit , when people park vehicles on pavement in front of
a business complex as the complex doesn’t have a parking space of it’s
own , the pedestrians going that way are forced to come down on road
resulting in accidents , injuries & deaths . is not the MUDA / MCC /
GOVERNMENT responsible for those accidents , injuries & deaths ?
17. what is the criteria adopted by MUDA / MCC / GOVERNMENT for out of
Turn allotment of Lands , sites , houses to renowned sports persons ,
judges , journalists , politicians , artists , etc ?
18. how many judges , artists , politicians , journalists , sports
persons , etc have benefited from these out of turn allotments by
MUDA / MCC / GOVERNMENT ? specific figures yearwise since 1987 ?
19. what action has been taken against developers , housing
societies , who have violated MUDA / MCC / GOVERNMENT norms ?
20. when poor scheduled caste , scheduled tribe people , minority
people illegally live On MUDA / MCC / GOVERNMENT sites building
temporary huts , MUDA / AUTHORITIES with the help of police razes down
those huts & evicts the poor by brute force. Whereas , when cronies of
political bigwigs illegally occupy MUDA , MCC / GOVERNMENT lands worth
crores of rupees & build big complexes earning thousands of rupees
monthly rent , MUDA or authorities not even files police complaint
against them instead regularizes the illegal occupation by levying a
pittance as fine. Why this double standard by MUDA / MCC GOVERNMENT ?
21. HOW MANY CASES OF ILLEGAL OCCUPATIONS are regularized by MUDA /
MCC / GOVERNMENT since 1987 till date ? yearwise figures ?
22. how much of MUDA / MCC / GOVERNMENT lands , sites , houses are
under illegal occupation ? status report yearwise since 1987 ?
23. how much of those has been recovered ? has the MUDA ,AUTHORITIES
recovered the rents earned by illegal occupation ?
24. have you filed police complaints against those criminals –
tresspassers ? if not why ?
25. is the MUDA / MCC / GOVERNMENT giving wide publicity & sufficient
time to bidders about it’s auction schedules ?
26. is the MUDA / MCC / GOVERNMENT giving market value to land
loosers ?
27. is the MUDA / MCC / GOVERNMENT exactly using the acquired lands ,
for the same purpose mentioned in the project plan ?
28. is the MUDA / AUTHORITIES acquiring lands at lower rates from
farmers & selling it at a premium , by way making profits just like a
real estate agency ?
29. in villages , there are cattle grazing grounds meant for the usage
of whole villagers, forest for the usage of whole village , lands
belonging to village temples. Some villagers have donated their
personal lands to village temples , cattle grazing for the benefit of
whole villagers. All the villagers are stake holders , owners of such
lands. When MUDA / MCC /
GOVERNMENT acquires such lands to whom does it pay compensation ? what
about welfare objectives of those lands ?
30. till date , how many lakes , ponds , how many feeder canals have
been closed , filled with mud , developed , sold as sites , etc by
MUDA MCC or other land developers ?
31. has the MUDA , MCC taken alternate steps to create new lakes ,
ponds ? how many are created till date ?
32. in & around mysore city , high tension electric lines are there in
busy residential areas . as per Indian electricity act , no permanent
structures should be under the HT lines. However there are buildings
under it. In some places , HT lines runs in the middle of the road.
The authorities Have developed those areas beneath HT lines as parks ,
rented out
advertisement spaces & built permanent fencing of those areas spending
lakhs of taxpayer’s money. This fencing obstructs the movement of
service personnel of electricity board , to service HT line. Are all
these structures under
& surrounding HT lines legal ?
33. till date how many burial grounds are acquired & sold as sites by
MUDA / MCC / GOVERNMENT or other developers ? specific figures
yearwise since 1987 castewise , religionwise ?
34. in & around mysore city , in how many areas developed by MUDA &
private developers , the sewage water generated in those areas is
directly let into lake , ponds ?
35. how many tributaries , lakes , ponds are killed in this fashion by
MUDA , MCC & other developers , housing societies ?
36. how many business complexes , flats , residential layouts
developed by private real estate developers , housing societies are
dumping the sewage , / waste generated in their buildings , into
unauthorized dumping grounds , lakes , etc . thus disturbing the
environment & creating public health hazard ? how the MUDA / MCC is
monitoring sewage / waste disposal ? status report yearwise since 1987
till date .
37. how many unauthorized housing layouts are there in & around mysore
city ? what action by MUDA / MCC / GOVERNMENT against them ? action
taken report yearwise since 1987 till date .
38. around mysore city , vast areas of village farm lands ,
agricultural lands are acquired by private real estate developers for
non agricultural purposes by a single firm or single owner. Are these
actions legal ? some of these real estate agents have sold those lands
to private industries , multinational companies for crores of rupees.
Has the MUDA / MCC /
GOVERNMENT given alienation of land ie conversion from agricultural to
industrial usage. Has KIADB given consent to it ?
39. can a single individual / firm can purchase such vast tracts of
agricultural lands , is it legal ? is it within the KIADB’s
comprehensive industrial area development plan ?
40. has the MUDA / MCC , KIADB given wide publicity , public notice
calling for objections before alienation of such lands ?
41. are all those alienations , strictly in conformance to MUDA’s /
MCC’s CDP & KIADB’s industrial area development plan ? violations how
many ?
42. is the MUDA & KIADB revising / modifying CDP & INDUSTRIAL AREA
DEVELOPMENT PLAN , to suit those real estate developers & Private
companies ? on what legal grounds ?
43.what action has been taken based on mysore district magistrate
mr.T.M.Vijaya Bhaskar’s report on land grabbings in mysore ?
44.in mysore city , hebbal-hootagalli industrial area , a lake has
been destroyed while building kaynes hotel , hinkal lake is
shrinking , lake in front of BEML Quarters has been alloted to M/S
THRILLER CLOTHING CO, are all these actions legal & in conformance to
MUDA’s CDP ? if not why ? what action ?
45. while auctioning off the lands of sick industrial unit M/S IDEAL
JAWA LTD , was there any pre-qualification to bidders that after
purchase of lands only it must be used for industrial use or only
industries can participate in the bidding process ?
46.why not it has been clearly mentioned in the tender document that ,
said land is open for alienation ?
47. about this issue , our publication has even raised it’s
objections , in it’s newspaper . no action , why ? as a result , the
government , banks , employees were cheated off their dues & the
private firm made huge profits. is this auction & alienation legal ?
48.numerous NGO’s , trusts promoted by religious bodies , mutts are
allotted prime lands at preferrential rates , for the reason that they
will use it for public / social welfare. however many of the trusts
are using the whole or part of the land for commercial purposes other
than the stated public / social welfare purpose. what action has been
taken by MUDA , MCC or government in such cases ?
49.how many trusts have violated government norms in this way since
1987 till date? what action taken by MUDA , MCC & government action
taken report yearwise since 1987 till date ?
50.how many such illegalities / violations by trusts are regularized
by MUDA , MCC or authorities , on what legal grounds ? ATR since 1987
till date ?
51.before regularizing such violations have you sought public
objections & given media publicity ? if not why ?
52.how you are monitoring the net wealth growth of some MUDA / MCC /
REVENUE officials & their family members , who have land acquisition /
denotifying , land usage conversion authorities ?
53.how many trusts , NGOs are allotted prime residential / commercial
lands by MUDA / MCC / GOVERNMENT on lease basis , in turn the said
trusts , NGOs have sulet it either partly or wholly to others ?
54.how many such lease allotments are sold by MUDA / MCC / GOVERNMENT
before the expiry of lease period , without public auction ?
55. what are the norms followed by MUDA / MCC / GOVERNMENT for the
sale of leased lands to the lessee before the expiry of lease period ?
YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR
2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.
REMARKS :
PIO of O/O commissioner , Mysore urban development authority , Mysore failed to provide full information to us.
PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :
PUBLIC INFORMATION OFFICER , O/O COMMISSIONER , MYSORE URBAN DEVELOPMENT AUTHORITY , MYSORE .
DATE : 21.04.08 YOUR’S SINCERELY,
PLACE : MYSORE NAGARAJ.M.R.

CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ , http://crimesatmudamysore.wordpress.com/ ,
Raja faces heat as CBI raids DoT on 2G scam
Turning the heat on telecom minister A. Raja, the Central Bureau of
Investigation (CBI) has registered a case saying there was large scale
corruption in the allocation of 2G (second generation) radio spectrum
licences.
Raja, the second-time telecom minister in the UPA government, had
repeatedly denied any corruption in the 2G allocation to private
companies in 2008. The FIR filed by CBI on Thursday names no person
but merely mentions unknown officials of the department of
telecommunications (DoT) and unknown private persons and companies as
the accused.
The agency raided the DoT office in Sanchar Bhawan and the search for
incriminating documents was on till late night in the wireless
planning cell and in the office of the deputy directorgeneral (access
services) of DoT. Top bureaucrats of the ministry are under the CBI
scanner. The FIR confirms allegations of “serious irregularities” in
the award of the spectrum licenses and a criminal conspiracy woven
between DoT officials and certain private companies.
However, telecom minister A. Raja ruled out resignation in the wake of
CBI searches in his ministry. “The question of my resignation does not
arise. All decisions on spectrum licensing have been taken in
accordance with procedures laid down by Telecom Regulatory Authority
of India (Trai) and in consultations with the Prime Minister,” he told
reporters.
But the CBI FIR said, “The licenses were awarded to these companies by
putting a cap on the number of applicants against the recommendations
of the Trai. The licences to these private companies were given on a
first-come-first-served basis at the rates of 2001 – which were very
low – without any competitive bidding.” CBI has acted within days of
the Central Vigilance Commission ( CVC) asking for a comprehensive CBI
probe. “The CVC findings show the spectrum was not allocated at the
present market- driven price, no auction process was followed and no
bids were invited. We will now quiz senior DoT officials, including an
IAS officer,” a senior CBI official said.
“The scam could run up to Rs 22,000 crore. Firms which got the
licences at throwaway prices later sold their stake to foreign
operators at huge prices,” he added. SOURCES said the CBI probe will
concentrate on specific aspects like why DoT did not go for the
auction process in accordance with Trai guidelines and instead opted
for a firstcome- first- served approach.
It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given the licences.
” CBI will further analyse documents to ascertain if the DoT had
cabinet approval for going ahead with its idea of not inviting global
bids for such a big project,” according to sources.
Two companies that got these licences in 2008 – Swan Telecom and
Unitech – are allegedly under CBI investigation. Swan Telecom got the
license for a mere Rs 1,537 crore. It then sold its stake to a foreign
operator at nearly three times the amount within a few months. Unitech
got the spectrum licence for Rs 1,650 crore from the DoT, which too,
sold its stake to a Norwegian company for over four times this amount.
” The end loser was the government, which could have earned thousands
of crores more,” said a CBI official.
In 2008, the government had issued new licences bundled with start- up
4.4 MHz spectrum at a fee of Rs 1,651 crore.
UNDER SCANNER
CBI will probe why DoT didn’t go for the auction as per Trai norms &
opted for a first-come-first-served approach.
It will also examine why licences were not issued at current prices
and why no time cap was fixed for those who were given licences.
The scam could run up to Rs 22,000 crore. Firms which got the licences
at throwaway prices later sold their stakes to foreign telcos at big
prices.
Two firms that got these licences in 2008 – Swan Telecom and Unitech -
are under CBI investigation.

BJP demands sacking of A.Raja over 2G spectrum scam
The Bharatiya Janata Party (BJP) on Monday reiterated its demand that
Telecom Minister A.Raja be sacked for his controversial role in the
allocation of 2G spectrum.
Addressing a news conference in the capital here this afternoon, BJP
General Secretary Arun Jaitely claimed that by allocating 2G spectrum
at prices that were in existence in 2001 and not what was the
prevailing rate in 2009, A.Raja had colluded in a fraud and loss of
more than Rs.60,000 crores, making it the largest scam in independent
India history.
“It is unfortunate that the Prime Minister has chosen to comment on
the innocence of the minister, even while the investigations are on.
There was no occasion for the Prime Minister to send such a signal to
the investigative agencies directly under him,” Jaitely said.
“This country has been robbed of a large amount of money by this
misdemeanour of the Telecom Department. The compulsions of the
coalition politics should not come in the way of an honest
investigation. Propriety requires that while the investigations are
under way, the minister should cease to be in office. His continuation
in that ministry is itself a deterrent to an honest and independent
investigation,” he added.
“The entire nation is closely watching this investigation. Let this
investigation not result in holding civil servants guilty and the
minister innocent. It was the minister who is the prime accused and
the civil servants were only carrying out his dictates,” Jaitely
further said.
He said that with the Central Bureau of Investigation registering a
regular case with regard to the allotment of spectrum for the 2-G
license issued by the Department of Telecommunications in 2007; the
offices of the Department of Telecommunications have been searched and
various documents have been seized, there was serious ground to assume
that an impropriety had been committed in the public domain.
“To Shri A. Raja’s statement that he had kept the Prime Minister
informed of what he was doing, the Prime Minister has said – ” I would
not like to join the issue in the public with my Cabinet colleague.”
Obviously, the Prime Minister is in no position to agree or disagree,”
Jaitely said. The allegations against Shri A. Raja and the officers of
the Department of Telecommunications are very clear, Jaitely said,
adding that the BJP had raised the issue in Parliament during the
Monsoon Session.
He said that the party had then demanded prosecution of the minister
and other officers under Section 13(1)(d) of the Prevention of
Corruption Act.
This provision provides for imprisonment of seven years, Jaitely said,
adding that Raja is primarily liable for this offence.(ANI)

2G row: Raja accuses NDA of Rs 1 lakh crore scam
NEW DELHI, INDIA: A.Raja, Union Minster for IT and Communication, has
alleged that the NDA Government had unlawfully allocated 2G spectrum
to some operators and reduced license fee without any approval from
the Cabinet or recommendation from TRAI. He alleged this has incurred
the government a loss of approximately one lakh crore rupees.
“On record it had been observed that the license fee was brought down
to Rs 1000 crore to benefit some of the operators. The whole spectrum
allocation and license fee reduction is estimated to have cost rupees
one lakh crore to the government,” alleged Raja.
While addressing the curtain raiser event of Indian Telecom 2009 here
today the minister also criticized BJP leader Arun Jaitley, who has
demanded his resignation, for defending a major operator in court.
“Arun Jaitley himself appeared before the court to defend an operator.
Now his legal brain is fighting with political brain. I don’t know
what will be the outcome,” said Raja.
Raja slammed the previous NDA regime for allocating excess spectrum
without any approval of the Cabinet and recommendation from TRAI.
“There was no policy of issuing beyond 4.4 MHz spectrum to an operator
but there were allocation made beyond 4.4 MHz to some of the
operators,” said the telecom minister.
Raja further added that despite clear orders which said that no
allocation should be made in the band of 900 MHz, NDA allocated
spectrum to some of the operators.
“The government has approved through clear orders that there should be
no allocation from 900 MHz spectrum band but willfully and ignoring
the law, this 900 MHz band was allocated to some operators during
NDA,” said Raja.
“There was allocation of 250 MHz spectrum without any upfront charge.
Additionally there was no revenue sharing for allocation of spectrum
beyond 8 to 10 MHz. What we mean to say, was 250 MHz spectrum their
ancestral property? I am the first minister to say that spectrum
allocation should be done on upfront charges,” said Raja.
He also said the NDA ministers did not go for TRAI recommendation and
also there was no revenue sharing.
The minister also said that the reduction in the license fee benefited
some of the operators.
However, Raja did not answer the questions on the amendment that were
made during NDA Government at the time of introduction of Unified
Access Service Licenses (UASL) on October 31, 2003, whereby it was
decided that the future licenses would not be given on ‘first come
first serve’ basis but should be auctioned.
On October 27, 2003, TRAI in its recommendation on UASL had opined
that on availability of additional spectrum additional players could
be added by multi-stage bidding process.
TRAI, in Section 7.39 of this recommendation, mentioned that “As the
existing players have to improve the efficiency of utilization of
spectrum and if Government ensures availability of additional spectrum
then in the existing Licensing Regime, they may introduce additional
players through a multi-stage bidding process as was followed for 4th
cellular operator.”

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
home page: http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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September 27, 2009

PRICOL VP Murder by workers

Filed under: Uncategorized — Tags: PRICOL — nagmysr @ 9:02 am

S.O.S – e – Clarion Of Dalit – Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 40 07 / 10 / 2009

Editorial: PRICOL VP MURDER , SATYAM CO FRAUD , SINGUR AGITATION & GRAZIONO CEO MASS MURDER
- An eye opener to irresponsible corporate India & GOI

In last week , in the state of tamilnadu India , some of the sacked laboureres of M/S PRICOL INDUSTRIES mass lynched & murdered a higher management official , for sacking them from their jobs. This act of laborers is a heinous crime , illegal & inhuman act. In India , nowadays the labour movement has been hijacked by lumpen elements , rowdies , criminals. These criminal elements are there in the posts of union leaders just to further their self interests rather than the welfare of the workers whom they represent. These lumpen elements , so called leaders thrive on controversies & creates disturbances , vitiates harmonious relations between the management – workers. The company as an organization needs team work to survive & thrive in business. These labor leaders even oppose for example OUTPUT BASED PRODUCTION INCENTIVE SCHEME – which is a win win situation for both the management & workers. These leaders go to the extent of killing the hen which lays golden eggs , all for their selfish gains. These rowdy leaders become leaders just to make money , to make political entry , to shirk-off work , to escape night shift work , etc. In the midst of these rowdy elements the genuine concerns of ordinary workers are not at all heard. The ordinary workers who depend on the organization for their livelihood , who work hard to earn more incentive , are the ultimate sufferers.

In the same manner , the management of companies must be sensible to the genuine concerns of it’s workers , it must properly balance the worker’s concern & company’s position . some of the managements enforce harsh rules on workers , o.k , the management personnel of those very same companies function without discipline , misuse company properties , siphons of company money , take commission from vendors , cheat the government of tax dues , violate environmental laws , tax laws , labor laws by bribing officials , etc. Finally this kills the organization as a whole – the end losers shareholders , lending banks , government & our economy.

The recent public agitation at singur west Bengal , India against the TATA NANO project , is nothing but a struggle for survival by the land loosers. The public of singur are living there since ancestral times , they fully depend for their livelihood on the vegetables & other small crops grown there by them. The livelihood , their survival is at stake. The irresponsible west Bengal government , to favour the corporate lobby , acquired the lands forcibly dirt cheap & gave it away at dirt cheap price to TATA’S. why such a cheap , long term lease period has been given to TATA’S ? The government literally has thrown the land loosers on street , it didn’t bother about their survival nor about their proper rehabilitation . Basically , TATA’S is a business house , their only intention is to make profits , more money , not the welfare of people. Why not TATA’S acquire land in open market ? the acquire of lands by state or central government for public good like for building dams , roads , channels are at least justified however the rehabilitation is more important. Other than for the projects concerning public good , for all the projects of private enterprises like pay & use roads , airports , industries , etc , the lands must be acquired in the open market at market prices . For some industrialists bid to make riches , lives , livelihood of thousands should not be sacrificed. It is not alround development. In a democracy , the voice of the public , locals should be honoured but not the diktats of ministers or babus in secretariats. The present corrupt system in India leading to rise of naxalism , underworld , separatist movements are all due to the government policies since independence till date according to the wisdom (?) of ministers & babus , totally dishonouring the public voice.

Now , take the case of Graziono CEO mass murder in noida , it is nothing but fallout of hire & fire policies. Every human being works for survival , on his meager salary there will be family dependents , all of a sudden if a person is fired from service , his whole family will be on streets. O.k , all corporates nowadays preach & breath the mantra of USA , for everything be it infrastructure , flexible labour policies , it compares itself with those prevailing in the USA. Now , the corporate India is getting infrastructure at dirt free prices ( very high in the USA ) , has got hire & fire mechanism by employing contract labour , very lenient environmental norms , very lenient food & drugs safety rules , relaxation in Factory Act , ESI & PF acts , etc add to it the rampant corruption in all govt departments by which you can get any certificate for a price.
In the USA , of course there is hire & fire policy , however the minimum wage levels are also very high , so that during good times workers can save money for their future. Also , there is social security net to take care of ousted workers , then why not Indian corporates paying good salary to workers during good times ? why not corporate India making good contribution to social security net ? in the USA , there are good infrastructure facilities they take pride in paying taxes to the government , the corporate India always lobbies for tax cuts , subsidies , loan waivers , etc. in the USA the environment norms are very strict , the companies manufacturing hazardous chemicals which were ousted by the US government have set up shop in India . Government of USA treats lives of people as precious , where as Indian government treats lives of it’s people as dispensable. In the USA , the food safety & drugs , medicines safety standards are very high , the drugs , high level adulteration food products banned by Government of USA are sold in the India , this is the difference between government of USA & India , the way they treat their people’s lives. Loan recovery , investor safety norms are very high in the USA , where as in India , loan defaulters , share holder swindling , Non Performing Assets is very high. Inspite of all the strict norms we have seen enron , Xerox debacles in the USA & recent bank fallouts in the USA. In India with such lax norms , only you can guess.
The lesson here for the government of India is , development must be allround , must not be at the cost of thousands. Listen to the voice of public but not to the commands of greedy selfish corporates , lobbies . Do stop thinking that only babus , IAS officers & minister are brilliant knowing all and the public people are fools fit to be herded by IAS officers. Do remember that India is a democracy not a BANANA REPUBLIC.
The lesson for corporate India , aping the USA intoto is O.k , but not by parts & bits , follow corporate USA in every aspect of corporate duties & responsibilities , transparency.
Final word , when it comes to the question of survival , life , livelihood , it know no bounds . After all STRUGGLE FOR SUVIVAL is a basic animal instinct , it is a basic human right of every individual . JAI HIND. VANDE MATARAM.

Your’s sincerely,
Nagaraj.M.R.

Six arrested for PRICOL VP Murder case
- by harsha subramaniam

Six sacked workers of Coimbatore-based auto component maker Pricol, who allegedly beat the HR head of the company to death, have been arrested. But this shocking incident reveals the deteriorating labour-management relations in the state.

The murder of 47-year-old Roy George, Vice President HR of Pricol, has sent shockwaves across the country. On Monday, 42 employees were sacked for deliberately disrupting production. Hearing this, seven of them attacked Roy with iron rods and beat him to death. Six have been arrested, one absconding and the government has promised action.

Said Tamil Nadu Deputy Chief Minister MK Stalin, “Any form of violence is unacceptable and the law will take its own course, the case is investigated by the police.”

But it is government’s inaction that led to this situation in the first place says the management. The dispute began two years ago when one faction of workers led by Kumaraswamy, a Chennai based lawyer, created a parallel union and went on a strike. Calling the strike illegal, the management refused to recognise the faction. The management alleges that the workers-faction refused to negotiate and disrputed production that prompted the dismissal. Pricol Chairman and Managing Director Vijay Mohan said the government needs to play fair.

“For the management and the trade unions to function smoothly when there is a difference of opinion, when there is a rift, the government has to play a mediating role and in the mediating role they’ll have to take a neutral stand. If the management is at fault they’ll have to haul up the management. If the workers are at fault they have to haul up the workers.” Mohan said.
Pricol is not a case in isolation. In the past few months, issue of recognising trade union has created similar disputes in Hyundai and MRF. So far, the state has been a mute spectator even as investors seek more labour friendly destinations.

Turning The Tide of Labour Unrest in India

By
Santosh N Gambhire
Ajitsingh K Patil
Anurag Sinha
Student
Jamanalal Bajaj Institute of Management Studies, Mumbai
E-mail: an79wins@yahoo.co.in

EXECUTIVE SUMMARY
Recent clash between the Labour and Management of Honda Motors and Scooters India in Gurgaon has again brought back the bogey of strikes of socialist era. Everyone including MNCs, government, economist and employers are skeptical of resurgence of Labour movement. If labour Movement gets a new life, it can give a severe jolt to Indian economy. Therefore, it is necessary to analyze the reason behind these events and curb the nip in the bud.
Globalization and Liberalization has forced government to give a serious thought to our anarchic labour law, which makes our companies uncompetitive globally and discourages foreign companies from investing in India. Indian labour laws are among the most rigid in the world. Some recent data compiled by the World Bank collate the level of rigidity of hiring and firing rules in different nations -100 being the score of the highest conceivable rigidity. India is among the most rigid countries with a score of 48. China has a score of 30, Korea 34, Norway 30; Singapore closes to 0. Therefore this crisscrossing network of chaotic, strangulating, overlapping and often- contradictory laws need an overhaul. The single most important labour law is arguably the Industrial Disputes Act (IDA), 1947. This was enacted a few months before India’s independence and guides the hiring and firing rules of the industrial sector and is a good example of a well-meaning policy that is founded on antiquated economics and a handsome misunderstanding of the way markets function. The IDA makes it very hard for firms to fire workers. This law has probably done more to hold back the growth of India’s manufacturing sector than any other policy.
In this scenario, Government recognized the need for increased flexibility in Labour market, but they can not bring the policy of hire and fire approach, more so, since the institutions of social security, particularly unemployment insurance are not well developed in our country. Therefore structural reforms in labour laws must ensure the welfare of workers. Reforming labour laws will boost industry and create more jobs.
Besides Government, it is the responsibility of the employer to develop some well specified procedure that must not create undue unrest among workers and whenever they need more manpower ,they should a give preference to the workers it is retrenching at present. They should also introduce some Unemployment Insurance schemes made by the contribution of employees and employer.
The fact that the less rigid nations also have more efficient economies, higher wages and a smaller share of laborers who are long-term unemployed is not a matter of coincidence. Given that the reform of labour laws is, contrary to popular perception, in the interests of the workers, what government needs to do is have this topic debated and explained so that workers, instead of opposing such reform, become its advocate.
INTRODUCTION
Are the labour unions back? The riot that followed the labour management dispute in Gurgaon over the Honda Motorcycle and Scooter India spat could be the first major sign of things to come. After a decade-and-a-half of market friendly policy changes, the union seems to be sticking their neck out again to ensure they are being heard. Some says the left parties in power are the force behind this resurgence, the central unions disagree. They see the UPA government in the Center as a major conducive environment for their woes to be heard. For now, the battleground has been cleared and the soldiers are back home. A peace pipe is being passed around and the warring factions appear momentarily happy to take a drag as they put behind them the images of mayhem that hit the industrially flourishing Gurgaon-Manesar region in Haryana. But behind the wall of silence, tremors can still be felt. The question on everyone’s mind is how to ensure that what happened on Black Monday in Gurgaon does not happen again.
Research has revealed that labour strikes globally hit once in eight to 10 years. That period is now nearing. “The Honda incident should be taken as early warnings of a big wave of labour militancy in the future.” The All India Trade Union Congress (AITUC), which has just claimed a conquest by bringing Honda Motorcycle & Scooter India’s workers’ union into its fold, has now trained its guns on Maruti Udyog Ltd, the leading producer of passenger cars in the country pertaining to the dismissal of 92 employees during a labour trouble at Maruti in 2000-2001 and several hundreds opting for a voluntary retirement scheme, which, it is alleged, is not exactly voluntary.
These are the clear signs of tide of labor unrest to come.
LABOUR UNREST
A labour unrest is a social phenomenon of enormous complexity and it is very difficult to give any complete explanation of this phenomenon. It is a matter of controversy whether the predominant factors underlying labour unrest are economic or non-economic. It has been concluded that so long as income remained the all important means for satisfying human wants and needs, wage would continue to be major consideration in labour unrest.
Considering the nearing period of labour unrest with the recent cases of Honda and Maruti, it is the time to do root cause analysis and find out what are the possible reasons which lead to labour unrest so as to address these issues and untide the tide of labour unrest.
STATISTICS OF THE LABOUR UNREST

ROOT CAUSE ANALYSIS

From the study of some of the strikes and lockouts over last 10 years, we concluded that all the possible reasons can be classified into five major heads. As specific problems are branched out from the major effect area, the result appears to look something like a fishbone diagram. The potential problems can then be researched to find the root cause and correct it. The five heads are as follows: –
• Monetary
• Political
• Legal
• Job Specific
• Others
FISHBONE DIAGRAM FOR ROOT CAUSE ANALYSIS

All the causes mentioned above have some impact on the labour dissatisfaction which may eventually lead in Labour Unrest depending on the intensity of the problem. But the study done for the last 10 years led to conclude that major reasons for the strike and lockouts are as follows:
• Wages
• Retrenchment of labour which calls for sorting out the differences between employers and employees regarding Industrial Disputes Act, 1947.
• Management’s decisions to go for contract labours without giving them permanent job security and denying fair wages. This issue can be adderessed by bringing consensus between trade unions, employers, government and political parties in Contract Labour Act, 1947 based on their interests.
In order to bring down Labour unrest, there is need to cater for these issues separately.
UPGRADE LABOR SKILLS TO JUSTIFY HIGHER WAGES
Workers will not be happy to sacrifice on wage and job security. So long as income remained the all important means for satisfying human wants and needs, wage would continue to be major consideration in labor unrest. Government official warned that failure to upgrade labor skills in a globally integrated economy will make it more difficult for unskilled and low-skilled workers to demand higher wages. This situation, in turn, may worsen labor unrest.
As the economy globalizes, it would be difficult to increase wages for unskilled or low-skilled laborers. Companies need to continue improving their training programs to meet the critical skills needed in a globalizing economy, which can be identified through industry signals. Improving labor skills would effectively solve labor unrest in the country, as it will result in higher wages and, therefore, better quality of lives for the people.
A shortage in skilled labor would discourage investors from putting up factories or companies in the country. They might opt to transfer to other neighboring countries whose labor skills are comparative to those of the Philippines yet require less pay. So managers and factory owners should invest in people and machines in order to compete globally.
HONDA CASE
Honda says its 50 workers who were suspended for indiscipline will not be reinstated pending an independent inquiry – an issue that caused bloody clashes between its workers and police on Black Monday. Dismissing four employees, 13 more were suspended without reason in May, followed by suspension notices to 37 others a month later. HONDA took a stand of not allowing the suspended workers into gates until the third party inquiry is completed and management gets the report. Management decided to take a call on their reinstatement based on the inquiry’s findings. But in any case, four employees who had caused the initial disruption of work will not be taken back under any circumstances.
The trouble at the group’s two-wheeler unit began when some 2,000 workers protested a lockout of the factory and dismissal of some colleagues. This was followed by clashes with the police that left scores wounded after some irate workers vandalized civic facilities, police vehicles and shops.
But it stresses the need to study and find out the reasons for the labour unrest at Honda.
The misgivings between the Honda management and employees find roots in the demand for a union to protect workers’ interests. Though the demand for a union did not go well with the management, the government and other companies in Gurgaon, the workers applied for registering the union. And even after the union was registered, there was a lot of pressure from the management, which finally dismissed four employees in the first two weeks of May.
To conclude, an idea of forming union did not go well with the management of HMSI. This finds the root in Industrial Dispute Act (IDA), 1947 which restrict the labour market flexibility. Had IDA included sections allowing labour market flexibility, HONDA would not have taken action against employees forming a union. It necessitates the changes in labour laws and calls for labour reforms in such a way to protect the interests of both employers and employees.
EFFECT OF LIBERALIZATION AND GLOBALIZATION ON LABOUR MARKET
Liberalization of the Indian economy is almost a decade and a half old. Of all the economic liberalization reforms, labour market reforms have gained maximum attention. It is widely argued by many economists that in the open economy and liberalized trade, the country can no longer afford to carry on labour market rigidities. The employers (industrialists) have been vehemently pressing for labour reforms on the plea that these are necessary for making Indian industry globally competitive and for attracting more of foreign direct investment. The existing laws, it is contended by employers, slow down growth and job creation. They say that under the existing labour laws the churning of new skills is slower, companies lose cost cutting flexibility and ability to bounce out of recession quickly. The employers further contend that Labour Market will become more flexible with the amendments; more workers can be hired legitimately and can ask for better benefits including better work conditions, safety standards, welfare measures and health benefits.

The structural analysis of Labour Reform
Any change or reform in labour law will depend on the four competitive forces: Trade Union, Employer, Political parties and Government. In these forces, Trade Union and Employer take diametrically opposite stand on any issue. Employer wants more flexibility in retrenchment policy to become competitive, whereas Trade Union primary concern is on Job security and their influence on workers, which determines their bargaining power with Management. Political parties want vote bank from workers as well as financial support from businessmen. Whereas Government is keen to bring the labour reforms in order to keep Country on the fast track of development but don’t want to create unrest among the workers.
LABOUR REFORMS IN INDIA
Labour laws need to be amended to suit the changing economic scenario. However, different stakeholders like Employers, trade unions and political parties seem to differ on the issue. For e.g. the political parties in the ruling coalition of the Central Government possess contradicting ideologies on labour related matter. Leaders of the Communist Party of India (CPI), an important party of the coalition, have been opposing the flexibility to industry on labour related matters. The congress has been arguing for “labour reforms” to attract Foreign Direct Investment in the country. However, the journey for labour reforms seems to be difficult owing to inherent contradictions among the stakeholders involved in the process.
The trade union opposes the Employer’s demand saying that any loosening of government control over the industry by way of labour reforms would throw workers out of job safety net. They want among other thing strengthening of social security for the workers, extension of social security benefits to workers in the organized sector, and participation of workers in the management.
THREE ISSUES THAT NEED TO BE ADDRESSED
• Industrial Disputes Act, 1947
• Contract Labour (Regulations and Abolition) Act, 1970
• Social security net
INDUSTRIAL DISPUTE ACT (ID ACT), 1947
It is a principal legislation dealing with the core labour issues like investigation and settlements of industrial disputes, regulation of strikes, lockouts, lay-offs, retrenchment, and other related matters. According to the chapter VB of ID Act it is compulsory for any industrial establishment employing more than 100 workers to seek permission before resorting to lay-off, retrenchment or closure. Employers and some political leaders have been arguing for a change in this provision.
Employers want that the limit for the application of Chapter VB should be raised to 1000. NDA government, during its tenure had expressed its willingness through various statements to amend ID Act to free employers from the restrictions on them in the chapter. It was proposed to give an additional retrenchment compensation of 45 days wages for every completed year of service. But trade unions are very much opposed to it, as almost every unit would come under this limit, giving employer’s unrestrained right to close their units.
POSITIONS AND INTERESTS OF DIFFERENT STAKEHOLDERS ON THIS LEGISLATION
Trade Unions: They oppose the increase of limit specified in Chapter VB from 100.
Behind this stance they want to safeguard some interest:

* Unions’ influence at the workplace will decrease by this amendment
* Their bargaining power will be reduced
* Loss of job will be a major threat to workers
* It may affect Worker’s economic welfare
* It will boos Union’s identity as savior of worker’s right

Employers: They support the idea of increasing the limit specified in Chapter VB up to 1000. They expect following favorable effects from this change.
• It will provide the flexibility at work.
• It will help in cutting cost
• They will gain global competence
• They will have favorable exit policy
• There will be less legal battles
• They will have better management control
Political parties: There is lack of consensus among different key personnel among political parties regarding this amendment. They face following threats and advantage by bringing the changes in law.
• They might lose the political support of worker
• They will get financial support from employers to meet election expenses.
Government: Every government talks about bringing the requisite change in the law. It is necessary to bring change in our archaic Labour law if government wants to attract huge amount of Foreign Direct Investment. But they don’t have the enough political will to take such concrete step, as it can adversely affect their chances in election. So they also talks about revival of sick units to protect employment. But such a step will only ensure the locking of huge fund in unproductive work, which could have used in more wealth creation and employment generation.
SUGGESTIONS FOR IMPROVEMENT IN LEGISATION
As seen from the above list of interests, the ruling political parties carry a dilemma as to how to balance their interests regarding political support of the workers, financial support of the employers and attracting foreign investments. Clearly the interest of the trade unions and the employers are conflicting on the issues of managerial control at the workplace. The freedom to retrench people would construe to significantly higher managerial control of employers at the workplace. Unions are unlikely to agree to such scenario.
• One way to maintain the balance of control at the workplace between the employers and the trade unions would be to develop well specified procedures to retrench employees. Such procedures do not provide flexibility to the employers to retrench arbitrarily. Hence, it could protect the balance significantly.
• Some mechanism could be developed whereby, the company retrenching the employees should take an undertaking that whenever it needs to diversify or need more manpower, it shall give preference to the workers it is retrenching at present.
• Companies could also opt for unconventional problem solutions:
* Cutting working hours of workers to avoid possible retrenchments, transfer or redeployment of labour from excessive labour to labour deficient units.
* Labour can be given three to six weeks break and encouraged to go in for skill enhancement. It will lead to a two way gain: personal growth for the employee and employer can put to use worker’s enhanced skills.
There are a number of companies for e.g. Volkswagen, who have successfully used these methods to steer themselves out of the economically tough situations without opting for conventional means like freezing recruitments, going in for retrenchment or lay off etc.
• Amendments under Industrial Relations Bill of 1982 should be implemented as it contains many provisions that would attend to the current concerns like setting up of a time-bound grievance redressal, fixing a time limit for the adjudication of individual and collective disputes.
Contract Labour (Regulations and Abolition) Act, 1970
For some time past there has been growing agitation for the abolition of employment of contract labour, as it was realized that the execution of work on contract through a contractor, who as an employer of the employed labour, was primarily to deprive of its due wages and various privileges of labour laws. It was also realized that certain work by their very nature can conveniently be executed by contractors through contract labour, or by labour on contract basis. In this regard, the matter of abolition and regulation of contract labour, caught attention of law makers. According to the Section 10 of the Act ” Notwithstanding anything contained in this Act, the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board prohibit, by notification in the official Gazette, employment of contract Labour in any process, operation or other work in any establishment “.
On the current status, union leaders are of the opinion that a reference to labour reforms in the current context of economic liberalization can only mean a freedom to the employers to resort to a policy of ‘hire and fire’ as opposed to some what sheltered environment that the labour enjoys with the stringent norms on retrenchment, lay-offs and closure of industrial establishments under the present regulatory framework.
The law may forbid retrenchment or closure, but in practice employers simply stop paying salaries or running mills. Owners prevented from downsizing see no point in putting any more money or effort into a revamp. Instead they strip the assets of their ailing companies. Industrial sickness has been growing and many workers in the sick industries have employment security only in the theory. Employers search for escape routes has led to greater use of casual and contract workers. The growing casualisation of labour is reflected through employer’s preference to outsource drivers, gardeners, canteen staff etc.
POSITIONS AND INTERESTS OF DIFFERENT STAKEHOLDERS ON THIS LEGISLATION
Trade Unions: According to the Trade Union Section 10 should not be amended to the disadvantage of contract workers. It will ensure following favors for workers.
• Ensure due wages to workers.
• Job security
• Get benefits of labour laws.
Employers: Employers want amendment in Section 10 to facilitate of activities without any restrictions. It will help them in
• Reducing costs.
• Getting more flexibility at work place
• Power and control at work place.
• Saving from legal battles.
• More flexibility leads to better outputs and a more competitive working environment.
Political parties: There is lack of consensus among different key personnel in political parties. They have to make balance between the two diametrically opposite interests,
• Political support of workers
• Financial support of employers to meet election expenses.
Government: It varies with the political party in power; NDA government seemed more inclined to allow outsourcing and engaging workers on contract. It is the responsibility of government to bring requisite amendment in this act so that more money can flow in India in form of Foreign Direct investment.
POSSIBLE ALTERNATIVE SUGGESTIONS
Though there are significant conflicts in the interests of the trade unions and employers, the contact workers are quite freely changed by employers owing to high vulnerability of those workers. The high job insecurity and unemployment in the country virtually forces the contract workers to insure compliance to employers. It enhances the control of the employers at the workplace. Hence, the trade unions are keen to develop strict norms of employing least number of contract labour and higher number of regular employees. In such scenario, it is a challenge to both the employers and trade unions to reach to a common ground to get solution to the present situation.
SOCIAL SECURITY NET
There is an urgent need to revisit our labour policies and other labour related issues, if India as a country has to remain competitive and in fact has to assume its legitimate share in global economy, give the country’s size and resources. But one of the major constraints in making our labour laws flexible has been absence of an adequate and broad based safety net for the country’s workforce.
India has two main social security schemes for workers in operation since 1950s in the organized sector. These are Employees Provident Fund Scheme and Employees State Insurance Scheme. The former provides social security like provident funds, pension on superannuation etc. to about four crore employees while the later caters to the medical care needs of specific group of workers particularly in the unorganized sector.
Despite being among the largest social security schemes in the world, the two main schemes mentioned above cater to not more than 8 to 9 per cent of the country’s total work force. Secondly, these schemes don’t have built-in mechanisms to neutralize/compensate for the adverse fall out of globalization like closures, retrenchments etc.
The closure of industrial Units and bankruptcies are normal feature in the developed economies all over the world. The workers of such unit do not feel adverse impact as they are covered by well-established social security system.
Cover during Unemployment
The advocate of the ‘hire and fire’ also wants to bring about a fundamental change in the nature or perception of employment. They want employment to be on the basis of contracts for stipulated periods- a total departure from the current system in vogue in most kind of employments.
Most of the developed countries where the majority of jobs are contacts have elaborate and effective system of social security. Even in China, to quote an instance, there are stringent laws on social security system that takes care of worker’s income and requirements at least for two or three years of transition or unemployment. In India we don’t have such provisions. There is a need of Unemployment Insurance. Let every worker in the organized worker pay Rs.10 per month into an unemployment insurance fund, and let every employer make a matching contribution. Rs.10 is a small sum but if 28 million workers contribute Rs.10 each, that means 28 crores per month. With matching contributions from employers, the sum rises to Rs.56 crores per month. Even allowing for the some defaults, that is sufficiently large and sustainable to take care of retrenchment compensation. Unemployment insurance can provide retrenched workers with 100 per cent of basic wages for six months, failing to 75 per cent, 50 per cent and 25 per cent in the next three six-month periods that will support workers for up to two years while find fresh jobs.
CONCLUSION
It must be recognized that labour market reforms are not going to be easy in a situation where employment opportunities have been shrinking. Also there is a larger question of providing social security to the workers employed in the organized sector. The vast unorganized labour force, which constitutes over 90 per cent of the total, is denied fair wages and even modest levels of social security. Hence, labour market flexibility must be accompanied by some kind of insurance and social security to the vast unorganized labour force in the country. Government should make all possible efforts to dispel the fears of trade unions by enlarging the scope and coverage of the social security net.
Hence no solution can be reached if the stakeholders continue to take extreme positions. There has to me a meeting ground to address everyone’s interests, to the extent possible. The immediate challenge in bringing about the desired labour reforms is to resolve the anti-labour stand in the employer’s mindset, and labour prejudices. They have to realize that employer and employee are not separate entities but two faces of the same coin. They equally need each other and the relationship between the two can only be harmonious if they work towards defending each other’s interest rather than contesting the same. Hence employers should pay more attention to human resource development and capacity building of their employees. Industrial bodies have to take up workers education. Workers on the other hand realize the importance of ‘no work no wages come’.
There should be a general consensus on the labour reform ideology among the major political parties. Political leaders should look beyond their narrow interests and develop consensus for the larger benefits of the Indian economy. It demands to bring in a balanced view whereby concerns of all the stakeholders, especially the trade unions and the employers are addressed. This may further be strengthened through a wider debate involving academicians, legal experts, policy makers and public at large. All the stakeholders should arrive at some consensus so that there is something for everyone.
Once such consensus is developed; it may be coupled with good and clean corporate governance.

CORPORATE ACCOUNTABILITY IN INDIA

CORPORATE ACCOUNTABILITY Scandals related to the appalling practices of multinational corporations like Union Carbide (now DOW), Enron, Coke, Cadbury, and
others may have shocked the nation and the world in the recent past, but the media rarely highlights corporate crimes that extend to murders, destroying habitats, threatening indigenous cultures, causing disease, contaminating the planet’s food supply, poisoning
our groundwater and even destroying the very air we breathe.

You think this is an exaggeration? Well consider this. In Bhopal, India more than 8,000 people died in the first three days after 40 tonnes of lethal gas spilled out from Union Carbide’s pesticide factory in December 1984. People woke in their homes to fits of coughing, their lungs filling with fluid. 520,000 people were exposed to poisonous gases. 150,000 victims are chronically ill, and even now one person dies every two days. Union Carbide merged with Dow Chemical Corporation two years ago and has ceased to exist as an entity while the present owners Dow refuse to accept any pending liabilities in Bhopal including clean-up of the abandoned site.

In Kodaikanal, India, Hindustan Lever, a subsidiary of Unilever Plc, an Anglo-Dutch multinational dumped mercury waste from its thermometer factory in the surrounding forests and on an innocent local community. When the scandal was exposed, first the company denied that there was a problem and later fudged facts and figures until the Indian authorities forced them to come clean. Since then Unilever has retrieved and sent back to USA some of the waste for disposal but are shying away from compensating affected workers and further environmental remediation measures.

Monsanto, one of the world’s largest pesticide companies, continues to sell its genetically engineered seeds to farmers around the world despite growing evidence of failure of crops like Bt cotton, that has reduced once well-to-do farmers in the developing world to penury and poverty while the threat of contamination of indigenous species by GE
seeds increases everyday.

Bayer AG, a German transnational continues to manufacture and sell phased out pesticides like Methyl Parathion (brand name Folidol/Metacid) in Asia despite an assurance to their European investors and stake holders that they would stop manufacturing these organo-phosphate poisons.

Ship-owning companies (and indeed, their countries) like Bergesen (Norway), and Chandris (Greece) meanwhile, regularly violate international and national laws and dump their hazardous wastes at ship-breaking yards in India, Pakistan, China, Turkey and Bangladesh. The voluntary guidelines issued by International Marine Organisation
are not enough and it is imperative that these guidelines are made mandatory to make the ship-owners liable and responsible.

In the era of globalization, multinational companies increasingly move around assets, products and wastes on a global chessboard to maximize their profits and minimize their costs. These companies are using differences and loopholes in national environmental and health laws for example to export pesticides and destructive technologies to
poorer countries to the detriment of local communities. What international body oversees them, or sets rules for their behaviour, or holds them accountable when they transgress?

It is no longer just the conspiracy theorists who believe our world is increasingly ruled and ruined by large multinational corporations. The World Trade Organisation has supplanted environmental treaties and regulations. Corporations have become accountable only under the rules of a free market, free trade and a free for all on human rights and the environment.

The state of our environment has not improved, in fact it has deteriorated. The gap between the world’s rich and poor has widened. Instead of providing developing countries with the tools for sustainable development, corporations have pushed their dirty
technologies and polluting industries on to some of the world’s poorest countries.

A recent UN report revealed that Exxon, with $63 billion, is worth more than Peru or New Zealand. General Electric more than Kuwait. Shell is worth more than Morocco or Cuba.

In the past ten years, corporations have not only resisted
environmental challenges, they have lobbied to water down
international treaties and even succeeded in getting countries to
pull out of environmental agreements altogether. They have maintained
their unsustainable practices in all sectors. It is apparent that
more than just voluntary measures are needed to control these
corporations.

A recent report by WWF states that if we continue at current levels
of consumption we will use up all of the Earth’s resources within 50
years, and we will need two more planets to meet our resource needs.
We either take urgent action to save the planet, or we get off.
The UN Environmental Programme agrees that “the state of the planet
is getting worse.” They say “there is a growing gap between the
efforts of business and industry to reduce their impact on the
environment and the worsening state of the planet.”

At the root of our environmental problems are the unsustainable
practices of the corporations that shape our economies. But what is
the good of a short-term healthy economy if we can’t drink the water,
eat the foods in the fields or breathe the air?

Current systems of governance in Asia (as elsewhere) are proving to
be deficient against the activities of abusive multinational
corporations. To roll back the excessive powers of corporations and
to pressure governments to check corporate abuse and prosecute
corporate crimes, greater public participation is a must. The Rainbow
Warrior’s Corporate Accountability Tour of India is part of a global
movement to change the climate of opinion against abusive
corporations and to turn the tide in favour of fundamental human
rights.

Corporations need to be held accountable for their actions that are
destroying the planet, destroying people’s lives around the globe.
There is only one answer. We must stand up to the corporations. Our
governments must agree on international, legally binding rules for
corporate responsibility, accountability and liability: a set of
rules that business must follow, and governments must enforce.
The list of rules is long, but so are the crimes.

The world needs corporations to be held accountable to the following
laws – no matter where they operate in the world. HUMAN RIGHTS WATCH
is calling upon the Indian Government to endorse the Bhopal
Principles on Corporate Responsibility, which call on Multinational
Corporations to:
• Accept liability for environmental damage and compensate victims of
pollution;
• Accept liability for the damage, no matter when it happens, what
the cause or who in the corporation is responsible;
• Accept responsibility for damage and injury beyond national borders
including accidents in the oceans and atmosphere;
• Ensure that they do not infringe upon basic human rights;
• Disclose all information regarding releases into the environment to
the public;
• Protect human and social rights including the highest standards for
rights to health care and a clean environment;
• Avoid influence over governments, combat bribery and practice
transparency;
• Allow states to maintain their sovereignty over their own food
supply;
• Implement a precautionary principle and take preventative action
before environmental damages or health effects are incurred; and
• Promote and practice clean and sustainable development

INDIA’S ENTRY INTO WORLD TRADE ORGANISATION (W.T.O)-Right or
wrong?

Years back , india signed the general agreement on trade & tariffs
(G.A.T.T).
Recently, india has gained the full fledged entry into W.T.O . now, it has
started to pinch us. W.T.O’s objective of establishing a free
international
market is good. The market won’t be free if one continues with subsidies ,
patronisation & asks others to stop the same. Hypothetically, if the
market
became truly free, the advanced countries like U.S.A, U.K, FRANCE ,ALL G-8
COUNTRIES will only benefit due to their higher technical prowess,
productivity
& natural wealth. The people living in poorer countries with deficient
technical
prowess, productivity & natural wealth will suffer. In such an
eventuality the
traders & governments of advanced countries will takeover & control
the whole
economic systems of the poor countries. In turn looting the resources
of those
countries. the running race between ace athlete ben johnson & a
cripple is not
fair. If at all the race is to be conducted , it should be between ben
johnson &
the cripple mounted on a cycle, to bring parity & fairness.

Until the poorer countries achieve technical excellence , the advanced
countries
must transfer the technical know-how to them at affordable costs. The
advanced
countries must offer the patented medicines & food products to poorer
countries
at affordable costs. The advanced countries must provide financial
assistance to
poor countries orelse the poorer countries must be permitted to levy
taxes on
imports , to improve it’s domestic industry & infrastructure. By these
steps
only, a truly free , non-partisan global market is possible.

The people living in advanced countries like U.S.A are causing more
damage to
the environment , through their luxurious , wayward lifestyles . a single
american uses more fossil fuel, cuts more trees, releases more CFCs,
uses more
water than 1000 indians put together. The man who throws rubbish, is
bound to
clean it. All G-8 countries must give major contribution towards global
environment clean-up excercise.

The mechanism to resolve trade disputes, consumer disputes between
nations,
organisations & individuals must be instituted & must be fair ,
impartial &
fast.

Now, the time has come for poor countries to come together. The
domestic markets
of G-8 countries are saturated. To drive their huge growth engines
they utterly
need the markets of developing & poor countries. Now, all countries
other than
G-8 must come together , play our cards well. However the G-8
countries are
breaking this unity by inducing civil wars, terrorism in our
countries. They are
also breaking the unity by dangling economic loli pops, sops , etc. We
must be
careful about this. Entering W.T.O is right, but it must be on terms
conducive
to our society never on terms of others.

WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?
We condemn the brutal massacre by police on farmers – who are going to loss all their lands , sources.of livelihood for the sake of special economic zones , industrial parks , etc in various states of India.

In every mega projects undertaken by government , both the state government & central government have functioned like REAL ESTATE / COMMISSION AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.

For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money, employ our own people , use our own natural resources & finally take away the net profits to their home countries – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .

During Previous License Regime foreign, investment was not directly welcome in India. As people at that time perceived it as “Neo colonisation” & detested it. There were various restrictions on foreign investments. The local industrialists under monopolistic
environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors
too. They easily flouted labour laws & made labourers to work in inhuman conditions.

During 1990’s under the international pressure India signed GATT & slowly started opening it’s economy. Now, from 01/01/05 even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at all. They are actually denying sophisticated technologies to India. They are only
bringing the FMCG industries – salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or Europe.

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,

1. There is lack of comprehensive environmental norms.

2. The enforcement of environmental norms is lax.

3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.

4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.

5. The enforcement of labour laws are lax.

6. Public money can be easily raised through lending Banks, primary market within India & the public can be easily cheated.

7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or countries which have double taxation avoidance agreement with India.

8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.

9. The corporate governance laws are almost absent in India & it’s enforcement nil.

10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.

11. On top of it, well trained, technically qualified people are available at low rates through contractors.

Just consider the following cases which highlight the apathy, irresponsibility of government of India and emboldened the cunning, MNCs:-

1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable water to it’s people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned water.

2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.

3. Few years back, In Mysore railway station containers of radio- active materials were left unattended. The dome of reactor building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near Chennai.

4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in Bhopal is not yet cleared off toxic materials even after 20 years.
This is still further damaging the residents of Bhopal.

5. In the above union carbide disaster, the Government of India didn’t present the case properly before supreme courts of India & U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost of
American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would have been the consequence?

6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola very easily.

7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.

8. In India spurious drugs, medicines, food stuffs are easily marketed.

9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.

10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.

11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.

Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.

12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.

13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.

14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn’t respond at all.

All the above cases highlight the fact that, government of India & Indian judiciary treats it’s citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to India.

BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper safety measures and fully implemented it in practice, at it’s plant in Bhopal. The Government of Madhyapradesh through it’s labour
department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn’t install in full, the safety measures being followed by it’s parent company union carbide corporation (U.C.C) at it’s
Various plants in the U.S.A. The U.C.I.L. didn’t give community training to residents of nearby localities, to cope up with emergencies ie. Industrial accidents. U.C.I.L gave a go – by to safety practices, as it treated Indian lives as cheap. The government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title deeds just months before the tragedy in 1984.

Now, refer the following:-

1. After the accident at it’s U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C. Chairman/C.E.O. came over to Bhopal from U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India got him released.

2. In 1985, Government of India enacted “Bhopal claims Act” took- away the right of appeal of all the Gas tragedy victims & declared itself as the sole representative of all victims. This said act itself is violative of victim’s fundamental & human rights. The
victims didn’t choose Government of India as it’s representative under will, agreement, trust or pleasure.

3. The paradox of this “Bhopal claims Act” is that, Government of India which is also a party to the crime, tragedy, itself is the appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by Government of
India.

4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L

5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings

6. Even the Government of India didn’t present the case of victim’s-gas tragedy victims, properly before the U.S.courts, where the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India & Government of India, here to safeguard Indians and to safeguard Justice?

After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims.

Particularly in the case of “Bhopal Gas Tragedy” the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C.

Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it’s subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly guaranteed revenue, Enron threatened to invoke, open the “Eschrew Clause” with the Government
of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely Government of U.S.A. would have stepped into the scene to protect it’s MNC. Hypothetically, In the same vein if Enron has caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds
amounting over and above it’s Capital base & insurance cover, then it would have been the duty of parent Enron & Government of U.S.A. to step in & pay-up.

In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to cough-up the sum.

CORPORATE CRIMINALS RESPONSIBLE FOR ALL ILLS IN INDIA

In India , a small shop owner to big industrialist have mastered the art of TAX EVASION . their teachers – some corrupt tax officials & auditors. The black money thus created is causing inflation, feeding the mafia , underworld. Some industrialists lobby ( bribe ) with the government & gets favourable laws enacted. This black money is the main source of funds for political parties , religious bodies & terrorist outfits.

The recent raids by C.B.I & KARNATAKA LOKAYUKTHA have proved how the tax officials have become multi-millionaires. The sad part is that some of the police officials who are on deputation to C.B.I & LOKAYUKTHA themselves are utterly corrupt.

This scourge can only be cured by corporate accountability intoto. However , all the industrialists , traders who are demanding for more flexible labour reforms , economic reforms , infrastructure , etc are not at all concerned about their own accountability with respect to tax , environment , other laws. The MNCs coming to India are not coming here for best Indian talents or infrastructure alone. In their own countries they are feeling the
heat of strict environment laws , consumer laws , share holder disclosures , corporate accountability. Some of these MNCs are being kicked out of their countries , by it’s own people .These MNCs are aware that in India , by greasing the palms environment laws , labour laws , tax laws , etc everything can be flouted , cases in courts can be dragged on for years . share holder disclosures , corporate transparency is minimum.

However when a concerned citizen complains about the crimes of guilty corporates , organizations or corrupt public servants , immediate action is not taken. The file is kept pending for months , years together , allowing the criminals to manipulate all the evidences , records , ground situations. Finally even if action is taken guilty will be let out due to favorable evidences , there are chances that the concerned citizen himself is falsely implicated & put behind bars . in all such cases all the involved parties must be subjected to lie detector tests .

Bottomline : development is a must , it must be all around . but not at the cost of majority to make a few richer.

An appeal to honourable supreme court of USA & HE Honourable president of USA Mr.Obama

Your government protects all Americans, all American companies both inside America & abroad. If an American tourist is murdered in a third country , American investigators fly over to that country to conduct investigation in total disregard to local laws. In the same way , if the interests of an American company is threatened in a third country American government goes to it’s rescue.

However , when an American company butchers , causes mass man slaughter in a third country , as an American company did in Bhopal India , no action by American government. Still the said American company has not removed , cleared the accident site of poisonous debris at Bhopal India since decades and still causing mass man slaughter , no action by American government why ?

Some US based companies are selling soft drinks , food products , medicines , drugs in third world countries , which are causing grave health damages to the public. The quality standards of these products are fit cases of rejections by US FDA. Some US companies are selling drugs ( which are banned in the USA ) to third world countries , still us companies are exporting such dangerous medicines , foods to third countries . no action by US government , why ? is it because you think that the lives of non Americans are cheaper than Americans ?

Hereby, I do request your kindself ,

1 . to initiate criminal prosecution against US based key management personnel responsible for Bhopal gas tragedy .

2 . to make either the respective company management or US government to pay compensation to victims of Bhopal gas tragedy on par with American lives , as if the same tragedy happened in the USA itself.

3 . to order the management of the said company to clean up Bhopal off poisonous debris , from the accident site at their own expense.

4 . To legally prosecute US exporters & US based companies selling products ( which violates US FDA regulations or banned in the USA for domestic consumption ) to third countries.

Doctors Aiding Police to inflict 3rd degree Torture on detainees
By Stephen Lendman
In April 2009, a confidential February 2007 ICRC torture report was publicly released. Titled, “ICRC Report on the Treatment of Fourteen ‘High Value Detainees’ in CIA Custody,” it detailed harsh and abusive treatment from their time of arrest, detention, transfer, and incarceration at Guantanamo where ICRC professionals interviewed them.
Besides detailed information on torture and abusive treatment, they obtained damning, consistent detainee accounts of medical personnel involvement, including:
– their monitoring of and direct participation in torture procedures;
– instructing interrogators to continue, adjust, or stop certain ones;
– informing detainees that medical treatment depended on their cooperation;
– performing medical checks before and after each transfer; and
– treating the effects of torture as well as ailments and injuries during incarceration.
Condoning or participating in torture grievously breaches medical ethics and the 1975 World Medical Association (WMA) Declaration of Tokyo “Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment.” It states:
– in all cases at all times, “physician(s) shall not countenance, condone or participate in” torture or any other form of abuse;
– they “shall not use nor allow to be used (their) medical knowledge or skills, or health information” to aid interrogation in any way;
– they “shall not be present during any procedure during which torture or any other forms of cruel, inhuman or degrading treatment is used or threatened;”
– they “must have complete clinical independence” in treating persons for whom they’re medically responsible; and
– WMA encourages the international community and fellow physicians to support medical professionals who face “threats or reprisals resulting from a refusal to condone” all forms of torture and abuse.
Protocol I of the 1949 Geneva Conventions states:
“Persons engaged in medical activities shall neither be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the benefit of the wounded and sick, or this Protocol.”
On July 7, 2005 in the New England Journal of Medicine, Dr. Gregg Bloche and Jonathan Marks published an article titled, “Doctors and Interrogators at Guantanamo Bay” in which they cited evidence that “Health information (was) routinely available to behavioral science consultants and others” engaged in interrogations, in violation of strict medical ethics.
In early 2003, detainee medical records were readily available, and since late 2002, psychiatrists and psychologists were involved in crafting extreme stress techniques “combined with behavior-shaping rewards to extract actionable intelligence from resistant captives.”
“Wholesale disregard for clinical confidentiality” seriously breaches medical ethics “since it makes every caregiver into an accessory to intelligence gathering.” It also “puts prisoners at greater risk for serious abuse.”
In July 2006, the Center for Constitutional Rights (CCR) published a report titled, “Report on Torture and Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantanamo Bay, Cuba” that included evidence of medical personnel involvement in torture.
Detainee Othman Abdulraheem Mohammad was told that medical treatment would depend on his cooperation. Lakhdar Boumediene said every time he requested care he was told to ask permission from his interrogators. They “controlled his access, (and it) was granted or denied based on the interrogator’s assessment of his level of cooperation.”
Bosnian prisoner medical records confirmed that medical staff were present during their interrogations “and authorized (them) to proceed.”
Medical personnel monitored Mohammed al Qahtani’s interrogation during nearly two months of “severe sleep deprivation and physical stress.” At one point, they rushed him to the base hospital when his heart rate dropped dangerously low. After stabilization, they returned him the next day for more interrogation.
Other prisoners described doctors performing unnecessary and abusive procedures, including forced amputations, after which they were denied proper treatment.
Psychiatrists and psychologists designed “extreme interrogation techniques as part of the Behavioral Science Consultation Team (BSCT).” In late 2002, it was tasked “to torment detainees in interrogations….”
International and US Laws Prohibiting Torture
Numerous international and US laws unequivocally ban torture under all conditions at all times with no allowed exceptions ever, for any reasons, including in times of war.
The Third Geneva Convention covers war prisoners and detainees. It prohibits torture and protects their right to be treated humanely against “violence to life and person (and) humiliating and degrading treatment” as well as to judicial fairness and proper medical treatment. The Fourth Geneva Convention affords the same rights to civilians in times of war.
The federal anti-torture statute (18 USC, 2340A) prohibits its use outside the US and defines it as “an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering….upon another person within his custody or physical control.”
The 1991 Torture Victims Protection Act authorizes civil suits in America against individuals, acting in an official capacity for a foreign state, who committed torture and/or extrajudicial killing.
The 1984 UN Convention Against Torture bans all forms of torture, cruel and degrading treatment in all circumstances at all times with no exceptions ever allowed.
The US Constitution’s Fifth, Eighth and Fourteenth Amendments prohibit cruel, inhuman and degrading treatment or punishment.
The US Army’s Field Manual 27-10 states that military or civilian persons may be punished for committing war crimes (that include abusive interrogations) under international law. Army Field Manual 34-52 outlines interrogation procedures and specifically prohibits force, mental torture, threats, and inhumane treatment.
The Uniform Code of Military Justice (UCMJ) bans cruelty, oppression, actions intended to degrade or humiliate, and physical, menacing, and threatening assaults. Army Regulation (AR) 190-8 protects detainees from violence, assaults, and insults, and directs that they be treated humanely with respect.
The 1996 US War Crimes Act prohibits grave Geneva Convention breaches, including (as stipulated under Common Article III) “violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture (as well as) outrages upon personal dignity, in particular humiliating and degrading treatment.”
Other binding international laws also prohibit torture, including the Universal Declaration of Human Rights and the 1992 International Covenant on Civil and Political Rights with no exceptions or justifications allowed, such as orders by field commanders, Pentagon officials, or the President of the United States.
Physicians for Human Rights (PHR)
Founded in 1986, PHR “mobilizes health professionals to advance health, dignity, and justice and promotes the right to health for all.” It also “investigates human rights abuses and works to stop them” in conflict zones, US prisons, and offshore detention facilities where torture is routinely practiced.
In 2005, it published a report titled, “Break Them Down: Systematic Use of Psychological Torture by US Forces,” which it called the first comprehensive examination of “the use of psychological torture by US personnel in the so-called ‘war on terror,’ ” including sensory deprivation, prolonged isolation, sleep deprivation, forced nudity, using fierce dogs to instill fear, cultural and sexual humiliation, mock executions, and threatened violence against loved ones.
It called the effects devastating and longer-lasting than physical torture, and said psychological abuse is morally reprehensible and illegal under international and US law.
In August 2009, PHR published a new report titled, “Aiding Torture: Health Professionals’ Ethics and Human Rights Violations Revealed in the May 2004 CIA Inspector General’s Report,” including ethical misconduct not previously known. It revealed the role of health professionals involved “at every stage in the development, implementation and legitimization of this torture program.”
It explained that doctors and psychologists actively participated in abusive interrogations and contributed to the physical and mental suffering of detainees. It called their actions “an unconscionable affront to the profession of medicine,” made worse by experimenting on inmates, then “aggregat(ing) data on (their) reaction to interrogation methods.”
PHR’s Steven Reisner said “They were experimenting and keeping records of the results,” a war crime under Geneva and the Nuremberg Code that requires “voluntary consent” of human subjects and prohibits experiments:
– that inflict “unnecessary physical and mental suffering and injury;”
– if there’s “an a priori reason to believe death or disabling injury will occur;” and
– from being implemented if there’s reason to believe they’ll cause “injury, disability, or death to the experimental subject.”
PHR’s report detailed the psychological and medical effects:
– forced shaving inflicts psychological harm “by means of humiliation, both personal and religious;”
– hooding disorients and causes acute anxiety depression, depersonalization, and abnormal behavior;
– dietary manipulation inflicts discomfort and psychological stress;
– prolonged diapering causes physical and psychological stress and harm;
– walling inflicts physical injuries as well as psychological stress, rage, and helplessness;
– confinement in a box in extreme stress positions causes extreme physical and psychological pain and trauma; and
– other abuses, including waterboarding that simulates drowning and the feeling of helplessness to prevent it.
Involvement of Medical Professionals
They help develop, implement, provide cover for, and justify torture and abusive practices. They’re actively involved in designing harmful interrogation techniques in clear violation of the law and medical ethics. They’re “complicit in selecting and then rationalizing (methods) whose safety and efficacy in eliciting accurate information have no valid basis in science.” Their actions constitute “a practice that approaches unlawful experimentation.”
CIA guidelines require health professionals, including a doctor and psychologist, to be present during enhanced interrogations, “thereby placing (them) in the untenable position of calibrating harm rather than serving as protectors and healers as” their ethical code demands.
They also participate in initial physical and psychological assessments, then monitor all subsequent interrogations. They know their actions are harmful, unethical, and illegal, yet they serve willingly.
PHR believes they should be investigated on charges of “alleged criminal conduct.” Those proved guilty should be prosecuted, lose their license, professional society memberships, and any standing in the medical community henceforth.

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
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e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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August 11, 2009

ATROCITIES ON DALITS

Filed under: Uncategorized — Tags: dalit — nagmysr @ 2:05 pm

e – Clarion Of Dalit – monthly newspaper on web
working for the rights & survival of the oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 33 19 / 08 / 2009

Editorial : the most backward , neglected among the backward caste people – SCAVENGERS – an appeal to honourable supreme court of india

In India, since independence certain affirmative actions by the government like job reservations , reservations in educational institutions , loan facilities , etc are extended to the backward class , oppressed people. However , the persons who have economically, socially become stronger on the basis of these government affirmative actions are not letting their own brethren – scavenging community to utilize the same. The politicians are just making noises about sub caste reservation for scheduled castes & tribes , but doing nothing. As a result , today we find some sub-castes & tribes of SC / ST better off than their previous generation, some other sub-castes & tribes of SC / ST are reeling under utter poverty , social ostracism , etc.

A human being can be in a civilized form , healthy – if we have scavengers to clean our toilets , drainages , if we have barbers to cut our hairs. The very same people who keep us healthy & civilized are not treated in a civilized manner by the society , why ? most of the town municipalities , city corporations are employing scavengers on daily wages without any statuotary benefits & are paid less than the statuotary minimum wages. every towns & cities in India are bursting with population growth , however the number of scavengers has not been increased in proportion to the growth of population , In most of the cases the existing scavengers are overburdened with the work load. , Most of them are suffering from occupational health hazards , are dying at young ages leaving their families in the lurch.

Hereby, we appeal to honourable supreme court of India to treat this as a PUBLIC INTEREST LITIGATION & to order government of India , all state governments , statuotary bodies like city corporations , town municiapalities , etc,

1. to regularize the jobs of all scavengers , to provide all statuotary benefits like ESI,PF, etc.

2. to take all necessary steps to eradicate manual scavenging – carrying human excreta on heads.

3. to take all necessary steps to protect their health & occupational safety.

Bottomline : all the citizens , the society must learn to respect their brethren who keeps them healthy , tidy & civilized. JAI HIND.VANDE MATARAM.

Your’s sincerely,
Nagaraj.M.R.

AN APPEAL TO H.E.PRESIDENT OF INDIA – TO STOP ATROCITIES AGAINST DALITS

In India , even today after 62 years of independence & democratic governance , the plight of DALITS , TRIBALS , DOWNTRODDEN & POOR has not improved . in fact it has worsened . the government & public servants just pay lip service to dalits & have totally failed to uplift them in 59 years of independence . the public servants want dalits to be as such to ride over them & to use them as pawns in power politics , as a vote bank. let them answer how many dalits have become supreme court judges in india . even today in india , the practice of carrying human excreta on head still persists .

what is the use if india becomes an IT POWER or knowledge base . what is the use if india sends it’s own satellites on it’s own rockets ot space . did those scientific achievements has devolved , percolated to dalits & poor in the society , has it benefitted them ? NO . JUST SEE THE RECENT ATROCITIES AGAINST DALITS IN KADAKOLA , KARNATAKA & KARLINJARA , MAHARASHTRA. HAVE YOU FORGOTTEN THE PAST ATROCITIES AGAINST DALITS IN BADANAVALU & KAMBALAPALLI , KARNATAKA. THIS IS AN APPEAL TO OUR HUMBLE , HUMANE FIRST CITIZEN H.E.PRESIDENT OF INDIA , TO HELP DALITS & POOR IN DISTRESS .

PRACTICE OF UNTOUCHABILITY BY EDUCATIONAL INSTITUTIONS IN INDIA
- VIOLATION OF HUMAN RIGHTS OF DALITS

In india , rich people belonging to forward castes form educational trusts , proclaiming that they want to serve the society by providing education to all irrespective of caste or creed. By this declaration they get Civic Amenity sites from government authorities at concessional rates. Further they get tax , duty exemptions on materials , machines they import for the educational institution. However , while admitting students they are purely commercial minded , the highest bidder gets the seats.

IF AT ALL THE SOLE AIM OF THESE INSTITUTIONS IS COMMERCIAL – LET THEM BE REGISTERED AS COMMERCIAL BODIES , ASK THEM TO GET SITES AT COMMERCIAL MARKET RATES , ASK THEM TO PAY TAXES ON MATERIALS , MACHINES & THEIR YEARLY INCOME. ENFORCE MINIMUM WAGES ACT , GRATUITIES ACT , P.F & ESI ACT TO THESE INSTITUTIONS WHO ARE PAYING A PITTANCE TO THEIR STAFF.

Some institutions like industrial training institutes ( I.T.I) , polytechnics , engineering colleges & medical colleges run by trusts floated by forward castes lack basic infrastructure , to teach students properly , they only appoint staff belonging to their castes. Dalits ,minorities , weaker section people are not at all selected. They don’t publicly advertise for vacancies. They fill all posts with their own caste people & finally even get government grant in aid. How ? These institutions are getting affiliations , yearly approvals from the government , how ? actually they should have been shut. These trusts want government backing for tax exemptions , lands at concessional rates ,monetary benefits , etc , however the same trusts are not willing to implement the social welfare objectives of the government , by providing seats to weaker sections , by providing appointments to dalits few posts in all category of positions ( not just group D – dalits are also brilliant & capable of performing all jobs, they have proved it ).
Hereby , we urge honourable prime minister of india , government of india & honourable chief minister of karnataka , government of karnataka to :
1. before giving lands at concessional rate , tax exemptions , to any educational trusts the government must ensure that the trust must adhere to the social welfare norms of the government from day one.
2. Before giving affiliations to educational institutions the govt must ensure , are the institutions are providing sufficient infrastructure to students ?
3. Before giving grant in aid to any institution , the government must ensure have the management provided jobs to dalits , minorities , etc as per norms from the day one . if not grant in aid should be rejected. Here there is no meaning in giving reservation of jobs in future appointments in those institutions , as all the posts are presently filled with forward castes , there is no expansion projects. So , dalits have to wait for another 30-40 years to get the vacancies in those institutions after the retirement of forward caste employees , which is not at all practical or realistic .
4. In karnataka state , numerous Industrial Training Institutes ( ITI) have mushroomed , some don’t even have basic infrastructure. Still they are running the show , how ? these ITIs run by forward caste people have appointed only their caste people to all posts , not even a single dalit is there. Still they have got government grant in aid , how ? we urge honourable chief minister of karnataka , to look into this & in future to provide grant in aid in aid to only those I.T.Is which have proper infrastructure & dalits , weaker section employees on their pay-rolls.
5. To order all educational institutions to make public announcement of vacancies in their institutions even though not covered under grant in aid , as they have already taken sufficient monetary benefits from the government.
6. To order all educational institutions , to admit students as per government rates of fees. Some institutions are fleecing higher fees from the students , but are giving receipts for lesser amount only.
7. If any educational institutions don’t agree with the government norms , those institutions must be asked to be registered as commercial bodies , no tax exemptions , lands at concessional rates , allotment of CA sites should be given to them by the government. By these measures alone poor & weaker section people will get justice . you are aware of merited but poor students committing suicides year after year , CET fiasco – due to their financial inability to join medical or engineering colleges. Numerous similar cases are there with regard to admission to ITIs . polytechnics. The greed & casteism of these educational institutions is reigning high. In the positive hope that you will be kind enough to put an end to this menace.

ANOTHER INDEPENDENCE STRUGGLE NEEDED IN INDIA
Salutes to our Freedom Fighters who enabled us to live in independence , salutes to our brave Jawans who are safe guarding our independence , salutes to our Kargil martyrs , salutes to our NSG Commondos , who are protecting us from deadly Terrorists. Our head bows to you all – the Brave sons of India.
After 63 years of india’s independence the lives of commoners is far worse than under britishers. The benefits of independence has reached only few , thus creating islands of few ultra rich people surrounded by vast sea of utterly poor. The rich people in nexus with those in power , are getting favourable laws enacted to suit their ends. Those in power are shamelessly enjoying 5-star luxuries all at tax payer’s expense , while more then 50 million are starving to death.
The criminalization of politics , executive & judiciary is almost complete. The corruption has spread it’s tentacles far & wide , there is corruption from womb to tomb ,from maternity hospital to grave yard. The injustices meated out , the atrocities perpetrated by by public servants are worse than britishers.
Ideally in a democracy, the legal recourse of grievance redressal / justice , when a commoner suffers injustice he can appeal to respective government official or police for justice , still if doesn’t get justice he can appeal to court of law , further the aggrieved can get the appropriate law enacted through his M.P / M.L.A. The sad part in India is no public servant is neither aware of the value of our hard won independence or the working of democracy.
When all the legal recourses to justice fail to respond , to provide justice to the aggrieved , when corrupt judges-police-politician-public servants act as a criminal nexus & block justice delivery, the commoner has only 2 options , either to suffer in silence or to take law into his own hands & get justice on his own.
Take for instance Bombay riots case several VVIPs – cabinet ministers , police were found to be guilty of torture , murders of innocents by justice sri Krishna enquiry commission. The government is sitting over enquiry commission report. The court is not taking suo-motto action in public interests a result , the guilty ministers & police who are fit cases for death sentences are roaming free & commiting more crimes , anti-national activities.
In some cases , involving the rich &mighty ,higher police officials , the cover-up begins right from start ie FIR Registration. Police conduct name sake enquiry , investigation, suppress evidences , witnesses , destroy some of them , the prosecution takes a favourable stand putting up weak arguments. Naturally, the guilty official , minister is acquitted by court for lack of evidences. So, the guilty who should have been rightfully put behind bars , hanged goes scot-free , to commit more crimes , more anti-national activities.
In such cases , if the suffering public give the legal punishment to the guilty , which should have been given by the court but failed. Are not such acts of public, to uphold law & dignity , national security right & patriotic ? if any body terms it as crime , that means guilty VVIPs , police , public servants should be left unpunished allowing them to commit more crimes , anti-national activities. Is that right from national security angle ? is it equality before law & equitable justice ?
Do remember that our freedom fighters ,martyrs ,sri.kudiram bose ,subhash Chandra bose , bhagath singh , veer savarkar others who took violent path of independence struggle & killed inhuman british officers, police & judges have contributed valuably ,immensely to our freedom struggle. One of the main causes of origin of naxalism ,separatist movements is the rampant corruption & unaccountability of public servants in India.
In this back drop , in India anarchy is not far away. The days of suffering public ,killing their tormentors corrupt police , corrupt judges , corrupt tax officials ,etc is not far away. No police security , no SPG cover can protect those corrupt , as police & SPG personnel work for pay , perks and will be on the wrong side of law – protecting criminals. The suffering public fighting for their survival , on the right side of natural justice , protecting the nation.
If the authorities term this act as illegal , crime then are the acts of corrupt public servants legal ? is the cover-up of such corrupt acts by police , vigilance officials & some judges by mis quoting /misinterpreting , misusing law is right , legal ? the GOI has created , funded , supported , given training , arms & ammunition to various terrorist outfits like LTTE , MUKTHI BAHINI ,MQM in foreign countries , resulting in destruction , mass murders of innocents there . In india itself in assam , Kashmir , the GOI has created counter terrorist outfits to reduce the reach of terrorist groups. The bihar , jharkhand , chattisgarh state governments have created armed gangs SALWA JUDUM to counter naxal outfits , are all these acts of government right , legal ? the days of dogs death for corrupt is quite nearby. it is high time , to the corrupt to reform , repent themselves.
In our own experience, e-voice didn’t get justice from authorities in many cases of injustices brought before it , most shameful fact even supreme court of India failed to register PILs , even shameful supreme court of India even failed to give information as per RTI Act , utterly shameful supreme court of India failed to protect the fundamental rights of editor of e-voice & obstructed him from performing his fundamental duties. Still, e-voice believes in peace , democratic practices. E-voice firmly believes that violence should not be practiced by anybody – neither state nor public.
Hereby, e-voice urges the corrupt public servants to mend their ways , to uphold law & dignity of democratic institutions. Atrocities , violence , corruption breeds more violence , invites dog’s death. Peace ,truth , honesty is the harbinger of prosperous democratic nation. Greetings to all my Indian brothers & sisters on the occasion of 63rd independence day celebrations, let us build a true democratic India , free of corrupt public servants.
JAI HIND. VANDE MATARAM.
Your’s sincerely,
Nagaraj.M.R.
CRIMES COMMITTED BY LAW COURTS IN INDIA
- An appeal to honourable supreme court of india
Indian prisons are meant to be reforming schools for the prisoners. By the corrupt practices of the officials , the prisons have become factories turning out hardened criminals.
Say , a person was caught by police on suspicion of pick-pocketing. The police produce the accussed before the magistrate , in turn he remands him for judicial custody. Let us consider , The punishment for this offence pick-pocketing as per law is 6 months imprisonment. However the case drags on for 3 years , finally the court finds him guilty of offence & orders for 6 months imprisonment. Totally, the offender serves 42 months imprisonment sentence in practice. In some cases , the courts consider the time already spent by the accussed behind the bars while giving judgement. In this example , even if the offender is let free taking 6 months imprisonment sentence, the offender has been given excess sentence of 36-6=30 months.
Taking the same example further, say the court finds the accused as innocent, not guilty of crime & lets him free. However , the poor chap has suffered 36 months imprisonment for no fault of his.
As per law, no body not even the courts of law are legally empowered to punish anybody beyond the legal procedures , rules established. In this way, due to delay in our legal system , faulty bail procedures , thousands of under-trials are suffering in various prisons throught India. Arew not the courts which remanded those accused to judicial custody responsible for this illegal act of excessive punishment ? what punishment should be given to those judges ?
The bail procedure in India , is also faulty without considering quantum of offence & financial status of the accused. A person accused of stealing rs.100 has to provide bail surety bond of rs.5000 or personal surety by a wealthy person / government servant. The poor person having personal contacts , friendship with rich persons / government servants is quite remote , so he can’nt secure bail on personal bond. The poor chaps family is not rich enough to spend rs.5000 surety amount. As a result, unable to secure bail the poor chap suffers in jail for years.
Say, a rich industrialist is accused of rs.20 crores tax evasion, he is let free on a personal bond of rs.1 lakh. Stamp paper scam kingpin karim lala telgi has swindled government to the tune of thousands of crores of rupees, only few cases are registered against him. That too in one out of those cases involving rs.45 lakh worth stamp sale , judge has given him rigorous imprisonment plus a fine of rs.50000.
Considering the above examples it is quite clear the bail amount, fine amount are peanuts for the rich just a fraction of quantum of their crime , while for the poor it is huge many times more than the quantum of their crime.. it is biased towards rich & mighty criminals. As a result poor always suffers in jail, while rich are out on bail.
Even within prisons , the number of prisoners per sq.ft area , no of doctors , hospital beds , medicines available, weight of food per day given to prisoners , are all less & much below the statuotary limits. The food , health care , living conditions of prisoners , under-trials are worse than pigs. The prison authorities are utterly corrupt, which has been brought into light again & again by the media. If a poor prisoner questions the illegal acts of the officials , he is subjected to 3rd degree torture , roughed up by rowdy prisoners on the instigation of the officials themselves. Many poor prisoners are suffering from health problems , many are dying due to lack of proper health care & food in the prisons.
Whereas , the rich & mighty prisoners , by payting bribe get non-veg , alchoholic drinks from outside restaurants daily. They even secure drugs . they get spacious VIP rooms , television , mobile phones. They easily get parole & easily gets admitted in outside hospitals & roam free , while on record they are in-patients in hospitals.
The law of limitation which stipulates time limits for filing various cases is also biased towards the government as a party & rich , mighty. For the purposes of evidences , filing of cases one needs various government records. The concerned officials don’t provide those records for years unless bribed & sit over the files for years. Some times by making absurd , illogical file notings , rejects it back. There is no time limit for the performance of duties by public servants. When a commoner donï¿½t get relevant records , files , evidences in time , how can he file cases in time without those records , evidences ?
Nowadays , numerous cases of irregularities , charges of corruption against judges are coming to light. However , in such cases judges are asked to resign from service but no criminal prosecution against them is instituted , only in cases involving lower court judges it is done. When a case of irregularity by a judge in a specific present case comes , there are every possibility that in the past also he has committed the same in cases handled by him which has not come to light. In such instances , all the cases handled by that particular judge throught his career must be reviewed , but is not done why ? does not it amount to cover-ups ?
In many cases the higher courts have turned down the verdicts of the lower courts , let free the innocents , absolved innocents of charges & annulled death sentences when appeals came before them. However , in all such cases , the lower court judges must be punished for giving out wrong judgements, meating out injustice to innocents. Here a fact must be noted , only a fraction of cases goes in appeal to higher courts, as in majority of cases the poor people lack the financial might to make the appeal. The so-called free legal services authority pre-judges the cases before giving legal aid. As a result , many innocents poor people resign to their fates suffer injustice in courts of law , undergo imprisonment punishment , some times even death sentence. So , the urgent need of the hour is to incorporate jury system or some outside monitoring system to review cases as & when decided.
In many cases involving the rich & mighty like telgi , case proceedings are conducted in-camera in judge’s chambers or proceedings are conducted through video conferencing . outside from public gaze. The tapes are not made public and the public cann’t even ascertain the validity of tapes , whether it is edited , doctored .
One of the basic reasons for delayed justice & worse prison conditions in India , is low number of judges , police personnel , higher rate of case adjournments and finally low amount of financial grants made by the government to judicial department / police department. The government states that it doesn’t have enough money to provide for judiciary & police. As a result, fundamental / human rights of innocent commoners are thwarted. The state governments & GOI , is one of either parties in 75% of cases before various courts in India, it is the biggest litigant & is influencing the judiciary by controlling the grants , recruitment to judiciary & by enticing some with post-retirement postings.
The government has got money to spend on lavish parties of VVIPs , IAS officers serving non-veg foods , alchoholic drinks . their foreign jaunts , 5-star bungalows , limousines , interior decorations of their bungalows, etc. which is of higher priority , importance , whether the luxury of VVIPs or the fundamental / human rights of commoners ? the courts should answer. The courts have the legal powers to order governments to provide enough financial grants to it , however it is keeping mum , turning blinds eye to crimes of VVIPï¿½s. the government rewards such judges with salary hikes , promotions , luxury cars , bungalows , perks and post-retirement postings , sites at judicial lay-out , yelahanka , Bangalore , etc.
We at e-voice have utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest few judges seeking justice to the common folk. Please visit following websites for details,
http://sites.google.com/site/sosevoiceforjustice/failures-of-indian-legal-system ,
QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ???? -
improper functioning of democracy in india

the vohra committee report has proved the criminalisation of
politics in india. There are many number of criminals in the
parliament & state legislatures. Some of those criminals are cabinet
ministers as well as members of vital parliamentary committees.
Thereby, they are in a position to manipulate , enact laws favouring ,
benefitting the criminals their cronies.

Just see how the GOI gave export incentive of Rs.1800 crore to
reliance petroleum although it didn’t even export a barrel. Reliance
infocom & tata teleservices were CDMA mobile service providers & have
paid license fee of few crores only equal to landline fees without any
competitive bidding . They were supposed to provide mobile service to
operate like fixed phones within a radius of 40k.m. however they were
providing service like mobile service from one state to another like
GSM mobile service providers. By this act of RIC & TTSL , the GSM
providers who have paid thousands of license fee in competitive
bidding were economically hurt , the dispute went to court. The court
was on the verge of pronouncing it’s verdict awarding damages worth
Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with
penalty to GOI. The government announced a unified telecom license
regime with retrospective effect. Thereby, the GOI lost thousands of
crores of rupees & the share holders of GSM players lost thousands of
crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS
RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI.
This time too, GOI bailed it out. during the dispute between ambani
brothers the younger ambani mr. Anil ambani director of reliance
himself has stated that for the favours received from the GOI , the
company gifted some shares to then IT & COMMUNICATIONS MINISTER mr.
Pramod mahajan. Also consider , the recent 3G SPECTRUM allotment scam by I&B ministry.

Various indian & multinational companies are looting indian
exchequer to the tune of thousands of crores of rupees , through
lobbying / bribing. Take the recent case of allotment of 3G spectrum.

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

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

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

On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment legislation,
much against the wishes of his people , constituents & mis represents
them in parliament. the democracy has failed here. in This way
democracy is being derailed since 62 years in india.

In democracy, party whip , MP or MLA’s own wisdom / brilliance,
think tank & IAS lobby recommendations are all secondary , the
constituent’s of his constituency , people’s wishes aspirations are
of primary importance & supreme. What people need is a honest
representative, who simply delivers the people’s aspirations on the
floor of the house back & forth , without superimposing it with his
own ideas & party ideas. For true democracy , the people’s
representatives must be true postmans.

Towards this end , the people must be educated about their
democratic rights & responsibilities. This is an appeal to the honest
few in the parliament & state legislatures to weed out their corrupt
colleagues , lobbyists, to uphold the dignity of the house & to
install democracy in it’s true form.
BHOPAL GAS TRAGEDY 1984 -Bhopal, India

Now, refer the following:-

Particularly in the case of “Bhopal Gas Tragedy” the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C.

Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/ investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be transparent ?
CRIMES OF USA IN THE NAME OF COUNTER TERRORISM
In the name of countering terrorism, the USA has violated the rights of individuals in Iraq, Afghanistan, Guantánamo and elsewhere. The human rights violations committed by and on behalf of the USA since 11 September 2001 are many and varied. This has been confirmed by documents, photographs, declassified legal opinion and official statements.

These violations have included enforced disappearances; torture and other cruel, inhuman or degrading treatment, in some instances leading to deaths in custody; prolonged incommunicado detention; other forms of arbitrary and indefinite detention; secret transfers of detainees between countries; and violations of the right to fair trial.

Since President Barack Obama took office, more details of the abuse of detainees during his predecessor’s term in office have emerged, triggering a debate on accountability, including whether there should be investigations and prosecutions. Nevertheless, no action has been announced by the new administration to investigate and prosecute those responsible and many details surrounding these violations remain classified as secret.

The US government needs to demonstrate that it is genuinely and wholly committed to its international human rights obligations. To do so, the new administration and congress must not only address ongoing violations but must also ensure that truth and accountability for past violations are prioritized. A commitment to ending impunity would demonstrate that the USA is serious about dealing with past human rights violations but also committed to preventing such abuses recurring.

Holding perpetrators accountable for human rights violations is not only a matter of principle, but also a matter of law. Under international law the USA must thoroughly investigate every violation of human rights and bring those responsible to justice no matter what their current or former level of office.

Victims, their families and society as a whole have to right to know the truth about the violations, their causes and facts, the circumstances under which they occurred and, to the fullest extent practicable, to know the identity of the perpetrators. All victims have the right to redress and remedy for the violations to which they were subjected, including compensation, restitution, rehabilitation and guarantees of non-repetition.

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
home page: http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com ,
a member of AMNESTY INTERNATIONAL INDIA

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July 12, 2009

TORTURE CHAMBERS OF INDIA

Filed under: Uncategorized — Tags: india, POLICE, TORTURE — nagmysr @ 9:35 am

S.O.S – e – Clarion Of Dalit – Weekly Newspaper On Web

Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 29 22 / 07 / 2009

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

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. 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 ?

TORTURE CHAMBERS OF INDIA

They are our own Gitmos. Where, far away from the eyes of the law, ‘enemies of the state’ are made to ’sing’. 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, Gujarat and Jammu and Kashmir, two in Kolkata and one in Assam. (One detention centre that is shared by all security and law enforcement agencies is in Palanpur, Gujarat.) 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 Baramulla 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 SpiceJet flight 850. The flight landed at Delhi airport at 12.10 p.m. He had to catch another flight at 1.30 p.m. (SpiceJet 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 Inter-state 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. “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 near Delhi airport [he later identified the place as 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, now the headquarters of the Criminal Investigation Department, and the Alipore Retreat in Tollygunj, a 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,” she 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 30). 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

Forty secret interrogation cells unveil real face of India [The Nation] 05 Jul, 2009

Worlds oldest democracy United States may have been forced to close Guantanamo Bay detention centre, but the largest democracy India runs 40 such secret chambers across the country, where suspects are subjected to extreme interrogation for months and years.
A leading news magazine The Week in its forthcoming issue, accessed by KT News Service (KTNS), revealed the horror of torture chambers, far from the eyes of law.
The investigating team of the magazine identified 15 secret interrogation centres-three each in Mumbai, Delhi, Gujarat and Jammu and Kashmir, two in Kolkatta and one in Assam. Officials admit that there could be more and roughly put their numbers at 40. In Palanpur region of Gujarat all security agencies share one detention centre, the magazine report said. It maintained that mostly suspects were brought blindfolded so they could hardly pinpoint the place, adding, the only faces they got to see were those of the interrogators.
The magazine quoted Parvez Ahmed Radoo, 30, of Baramulla district, a student in Pune University, who was illegally detained in Delhi, as saying that he, in his open letter, from notorious Tihar jail, wrote that electrodes were attached to his genitals and power was switched on during interrogation in the centre.
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.
The report further said that in Kashmir, there were many interrogation centres like the Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagar and Humhama in Budgam district.
There are the joint interrogation centres in Khanabal area of Islamabad district and Talab Tillo in Jammu and one in Poonch.
It said that the lawyers in Kashmir had 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 Aloochi Bagh area in Srinagar on May 18. His family said that he was chained up, hung upside down from the ceiling and ruthlessly beaten up.
He died the same night.
Quoting KS Subramanian, former Director General of Indian police who had also served in the Intelligence Bureau, the report said that these sites existed and were being used to detain and interrogate suspects and it had been going on for a long time.
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, was used to extract information from the detainees.
It included assault on the senses like sleep deprivation, keeping prisoners naked to degrade and humiliate them, and forcibly administering drugs through the rectum to further break down their dignity.

In India, Torture by Police Is Frequent and Often Deadly

By Rama Lakshmi

MEERUT, India — Rajeev Sharma, a young electrician, was sleeping when police barged into his house a month ago and dragged him out of bed on suspicion of a burglary in the neighborhood, his family recalled.

When his young wife and brother protested, the police, who did not show them an arrest warrant, said they were taking Sharma to the police station for “routine questioning.”

“Little did we know that we would lose him forever,” said Sunil Sharma, Rajeev’s brother, recounting how he died while in police custody. “Their routine questioning proved fatal,” he added, sitting beside his brother’s grieving widow.

Rajeev Sharma, 28, died at the police station within a day of his detention. Police said he committed suicide, but his family charges that he was beaten and killed.

The case highlights the frequent use of torture and deadly force at local police stations in India, a practice decried by human rights activists and the Indian Supreme Court. A little more than a decade after Parliament established the National Human Rights Commission to deal with such abuses, police torture continues unabated, according to human rights groups and the Supreme Court. According to the latest available government data, there were 1,307 reported deaths in police and judicial custody in India in 2002.

“India has the highest number of cases of police torture and custodial deaths among the world’s democracies and the weakest law against torture,” said Ravi Nair, who heads the South Asia Human Rights Documentation Center. “The police often operate in a climate of impunity, where torture is seen as routine police behavior to extract confessions from small pickpockets to political suspects.” He said that laws governing police functions were framed under British colonial rule in 1861 “as an oppressive force designed to keep the population under control.”

Police records show that, two weeks before his detention, Rajeev Sharma made a electrician’s service call at the home of a wealthy businessman. On that day, the man reported that $500 worth of gold jewelry and about $100 in cash were missing, police said.

After Sharma’s detention, his brother called the police station and was told that Sharma had confessed to the theft, he said. The brother said he and other family members rushed to the station and were able to see Sharma briefly.

“His eyes were red, his mouth was bleeding and he could hardly walk. They had beaten him very badly. That was the last glimpse we had,” said Sunil Sharma, 35. “By the evening, the police informed us that he had committed suicide in the lockup by hanging himself with a blanket. The suicide story is a coverup; my brother died of police torture.”

The death in police custody sparked two days of rioting and protests in Meerut, about 45 miles from New Delhi, in the northern state of Uttar Pradesh. Angry residents surrounded and threw stones at the police station, burned police vehicles and blocked traffic.

Thousands participated in Sharma’s funeral procession; protesters demanded an open inquest by a panel of physicians and the immediate arrests of those responsible.

Police conducted an autopsy in private, lawyers close to the case said. But authorities did issue arrest warrants for the man who said he had been robbed and for six police officers, an apparent reaction to the unusual popular outcry, family members and lawyers said. The merchant is in jail, alleged to have participated in beating Sharma, but the police officers apparently have fled, authorities said.

Although the Indian government signed the international Convention Against Torture in 1997, it has not ratified the document. Some members of Parliament have argued against ratification, saying they oppose international scrutiny and asserting that Indian laws have adequate provisions to prevent torture. Human rights advocates said Uttar Pradesh ranks highest among Indian states in the incidence of police torture and custodial deaths.

Some police officers justify the use of torture to extract confessions and instill fear.

“The police in India are under tremendous pressure, as people need quick results. So we have to pick up and interrogate a lot of people. Sometimes things get out of control,” said Raghuraj Singh Chauhan, a newly assigned officer at the station where Rajeev Sharma died. “After all, confessions cannot be extracted with love. The fear of the police has to be kept alive — how else would you reduce crime?” he added, fanning himself with a police file folder.

A senior police officer in Meerut, on condition of anonymity, openly discussed torture methods with a visiting reporter. One technique, he said, involves a two-foot-long rubber belt attached to a wooden handle.

“We call this thing samaj sudharak,” the officer said, smiling, using the Hindi phrase for social reformer. “When we hit with this, there are no fractures, no blood, no major peeling of the skin. It is safe for us, as nothing shows up in the postmortem report. But the pain is such that the person can only appeal to God. He will confess to anything.”

Last September, in a written ruling in a case of police misconduct, the Supreme Court criticized the use of torture. “The dehumanizing torture, assault and death in custody which have assumed alarming proportions raise serious questions about the credibility of the rule of law and administration of the criminal justice system,” the court said. “The cry for justice becomes louder and warrants immediate remedial measure.”

In addition, the severity of the torture problem is probably worse than statistics indicate, because victims, fearing reprisals, rarely report cases against the police, human rights advocates said.

“About 40 percent of custodial torture cases are not even reported. They are just grateful for God’s mercy that they are alive and free,” said Pradeep Kumar, a human rights lawyer who has represented police torture victims in Uttar Pradesh. “Torture sometimes leads to permanent disability, psychological trauma, loss of faculties.”

The National Human Rights Commission, led by a retired Supreme Court justice, has faced criticism that it is too dependent on the government and lacks enforcement power.

“We have not been able to build a human rights culture in the police force,” said Shankar Sen, a former police officer and an ex-member of the commission. “It is not only individual aberration but a matter of systemic failure.”

The commission has ordered that cameras be installed in police stations to monitor and deter police brutality.

“In the past year we have spent about $600,000 to equip most of the police stations in New Delhi with a camera. This will make police functioning transparent and have a big impact on torture,” said Maxwell Pereira, a senior police official in the capital.

But critics and families of victims said they had not seen changes. In a much-publicized case in New Delhi last fall, five policemen were charged with beating and killing Sushil Kumar Nama at a police station.

Nama had been detained on suspicion that he was working with neighborhood gamblers. Four of the police officers were arrested in April, but one remains at large, authorities said. Police officials denied that Nama was tortured, saying he died of a heart attack after he was released from custody.

“My two children are so traumatized that now they run home scared every time they see a policeman on the street,” said Nama’s wife, Rekha, 29. “They know that danger lurks behind that uniform. They are not policemen, they are wolves.”

On the wrong side of law

By Geeta Pandey
BBC News, Delhi

Chunchun Kumar

Chunchun Kumar’s wound is still raw

For Chunchun Kumar of Bihar’s Nawada district, it was just another evening as he lounged around at a tea stall in his village along with a friend.

But, then something happened that changed his life.

“It was 17 March of this year. There were six of them. When we first saw them, they were beating up the temple priest. He was lying on the ground, they were kicking and punching him,” Kumar says.

“Then they started hitting two other men. Then they came into the tea shop and they beat us black and blue. Then they fired at us.”

Kumar lifts up his shirt to show a bullet mark on his abdomen. The wound is still oozing.

The perpetrators were no ordinary criminals.

Says Kumar, “They were all policemen. I don’t know why they were angry. They were all drunk, they were like drunk elephants, they went on a rampage.”

The shocked villagers complained to the police authorities, and the offending policemen were suspended from duty and arrested.

‘Very serious’

Additional director general of police in Bihar Anil Sinha confirmed the incident.

“Two of the policemen who were inebriated vandalised the tea shop and began firing despite protests from their other colleagues. They were arrested and, although they have been released on bail, they are facing criminal charges.”

Kumar’s fight for justice recently brought him to the Indian capital, Delhi, where he narrated his story at India’s first National People’s Tribunal on Torture.

Activists say torture by police is rampant in India.

“The problem of torture is very serious. Today we have around 1.8 million cases of police torture each year in India,” says Henri Tiphagne of People’s Watch, an NGO.

Policemen in India

The police are often a law unto themselves, say campaigners

Mr Tiphagne says the victims mostly are from the poorer sections of society.

“They are generally the (low-caste) Dalits, the tribals and the Muslims. And torture is used by those who are in power, those who possess, the landlords and the companies who put pressure on the police to carry out torture,” Mr Tiphagne says.

Mr Anil Sinha says cases of human rights violations involving the police are “exaggerated” by activists.

“It’s a kind of stereotype being dished out by the NGOs and activists. And because police have a bad reputation, so people take such allegations to be correct.

“We do not condone any human rights violations by police in any manner, and such cases are rare. We have a mechanism in place to deal with such cases and penalise the guilty,” Mr Sinha says.

Shankar Sen, a retired police officer and former member of the human rights commission, says: “The policeman’s work is very complex, there are pressure on him to deliver results, the police are exposed to extraneous influences and pressures.”

But, he says, that does not condone torture. “It’s illegal, and as a policeman I know it doesn’t work.”

Mr Sen admits that police torture is prevalent. “Torture does take place, it’s very common, but it’s unacceptable. Some allegations against the police are shocking.”

Meenakshi Ganguly of Human Rights Watch says nearly every police station in India can be held guilty of torture.

‘Arbiter of justice’

In many parts of the country, she says, the situation is so bad that people will not got to a police station to file a case fearing prosecution and retribution.

“There is this pattern of impunity. The fact that police believe they can get away with it has added to the problem,” Ms Ganguly says.

“The greater problem is that an average policeman believes himself to be the arbiter of justice. Instead of going to the court, he himself is delivering justice.

Arun Kumar with parents PP Raju and Lakshmi

Arun Kumar’s mental age has been reduced to one year

“The policeman is not supposed to punish the criminal, he is supposed to catch the criminal,” she says.

For the victims of torture and their families, it is a long haul.

Arun Kumar of the southern city of Bangalore was picked up by the police after his employer suspected him of having an affair with his wife.

Kumar’s parents, PP Raju and Lakshmi, say their family home was ransacked, Kumar was taken to the police station where he was beaten up and tortured for days.

Unable to bear the pain and the trauma, Kumar drank pesticides in an attempt to kill himself.

He survived, but his parents say their son’s mental age has been reduced to one year – he is on medication and requires constant care.

The guilty policeman was suspended for a week, but reinstated later. The family has a long fight ahead of them.

‘Deterrence’

Says Mr Tiphagne, “A case I initiated in 1981 ended in 2007 with the dismissal of the officer. So I have hope in Arun Kumar’s case too.”

But, he says, this long wait can be a huge deterrence for even the most determined.

Henri Tiphagne of People’s Watch.

Mr Tiphagne says nearly 2 million cases of torture take place in India every year

“The torture at the police station ends, but the torture of institutions continues. It’s more of a psychological and mental nature, it is very challenging. Most people don’t have the courage to withstand that, very few survive that,” Mr Tiphagne says.

So while the victims continue to live with the trauma, most of the perpetrators get away.

They are also emboldened by the fact that India has no clear law on torture.

The country signed the UN Convention on Torture in 1997, but even 10 years later, it has not ratified it.

“We have to change our culture. We have to create awareness that torture is illegal. The civil society will have to get involved,” says Meenakshi Ganguly.

“People will have to get past the fact that torture happens only to other people. And once that happens, it will change,” she says.

Police Torture and Police Reform

INDIA: No to torture, establish rule of law!

The first Prime Minister of India Mr. Jawaharlal Nehru said “Police is standing on a quadrilateral from where they can protect and also violate human rights?” But it seems that his words are of no use in India today since there is an enormous increase in the incidents of police torture during past few decades.

It is apparent that police is the largest agency constituted with the purpose of establishing the rule of law and human rights. One can read into the Indian Penal Code, with certain difficulty, the prohibition against torture. Statements recorded from witnesses under Section 161 of the Criminal Procedure Code are not blindly admissible in a criminal trial. If the law is so, the next obvious question is then why do the police resort to torture?

The main reasons are feudal and colonial structure of police, scarcity of resources in the police department, political intervention and the lack of an independent agency to investigate the crimes committed by the police themselves. Modern investigation is unheard of within the police department. In addition, India’s feudal society condones the use of torture.

The definition of torture as envisaged in the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as an “act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

Section 176 (A) of Cr.P.C. have provisions for the investigation in the each case of custodial death. However, this section is not used in any case in the entire Uttar Pradesh state. Neither have any Magistrates issued search warrants under Section 97 of Cr.P.C. when persons were taken into illegal custody.

The Supreme Court of India had issued guidelines to be followed by law-enforcement officers at the time of arrest and questioning in the case D.K Basu vs. West Bengal. It is mandatory for the law-enforcement agencies to follow, but is been negated in the state. Regarding encounter killings, the National Human Rights Commission has directed the country’s police to register cases in every case of reported encounter killings. The Commission has also directed to send it a video of the post-mortem examination in each case of custodial death. This also is not followed in the state and to the information of the PVCHR anywhere in the country. The question than is what is the value of the Supreme Court and the NHRC in the country?

There is a provision for interim relief to be awarded as compensation under Section 19 of Human Right Act. Article 21 of Indian Constitution guarantees the right to life with dignity, which is also against torture. But torture continues unabated in the state. Do laws in the country have any meaning then?

If we look at the statistics, it is mostly the poor, the marginalised, the Dalits and the members of the minority and backward communities are subjected to torture. Those who have mafia gangs and known antisocial elements are not victims of this, cruel practice other than some rare occasions. Only the ordinary people are afraid of the police and the torture they practice. So does India have two types of citizens — the one with rights and those who do not have them?

Police along with the criminals have established the rule of the lords. Corruption and discrimination are no more mere practices, but the second nature of the police. Rule of law can be established without preventing police torture. Let us come together to enlighten ourselves and fight against torture to stop it and thus establish rule of law.

What you can do?

1) Protest on 26th June against the practice of torture by street plays, organising discussions and sending letters to the Prime Minister, and through press releases in newspapers condemning torture and inform us what you did;
2) Indian Government has signed the UN Convention in 1997 but has failed to ratify it. Send letters to the Prime Minister and the President of India asking them to require the government to accede the convention;
3) In protest of the cases of torture happening right under the nose of the National Human Rights Commission, organise a protest in front of the Commission;
4) Write letters to the editor of publications condemning torture;
5) To sensitize the people about torture and its forms, take down cases that you come across and send it to us so that we could follow it up on your behalf;
6) Write to the Supreme Court asking why its orders and guidelines are not followed;
7) Write to the government urging the government to provide resources to the police to function properly.

Thank you

Dr. Lenin Raghuvanshi
Convener – PVCHR
SA 4/2 A, Daulatpur
221002Varanasi
INDIA
Telephone: +91-9935599333
E-mail: pvchr.india@…

Guantanamo, Abu Ghraib… Bagram?
INVESTIGATION: US detention centre under suspicion as eerily familiar claims OF torture and rendition flights surface from the airbase on the outskirts of Kabul.

by Ian Pannell, BBC Afghanistan Correspondent

NOOR HABIB’S hands shake as he draws a picture of how he says he was abused. He claims that he was taken to a small, darkened cell where his arms were tied to the ceiling and he was made to stand in waist-deep water for six hours at a time.

[Mohammad Nasim says he was asked if he knew Osama Bin laden.]Mohammad Nasim says he was asked if he knew Osama Bin laden.

He says he was beaten, threatened with dogs, and deprived of sleep. He also claims there was nothing unusual about his treatment, “everyone else has the same story”.

Habib was an inmate at the Bagram Theater Internment Facility, an American military detention center outside Kabul. Now, for the first time, detailed allegations of widespread abuse and neglect have been made about this top-secret camp.

“I didn’t think a prison like Bagram ever existed on earth. It is a place that has no rules or law,” says Sabrullah, another ex-inmate.

Over a period of more than two months, we tracked down 27 former detainees. There were others, but they were afraid to speak or had been warned not to. Just two said they had been treated well. Many allegations of ill-treatment appear repeatedly in the interviews; physical abuse, the use of stress positions, excessive heat or cold, unbearably loud noise, being forced to remove clothes in front of female soldiers and in four cases, being threatened with death at gunpoint.

The account of an inmate known as Dr Khandan is one of the most harrowing. He says he was kept in isolation for months and treated worse than an animal: “They deprived us of sleep, they put us in a cold room and turned the air conditioning on and would take away the blanket. They poured cold water on you in winter and hot water in summer. They used dogs against us. They put a pistol to your head and threatened you with death. They put some kind of medicine in the water to make you sleepless and then they would interrogate you.”

All the men who spoke to us were interviewed in isolation and they were all asked the same questions. They were held at times between 2002 and 2008 and they were all accused of belonging to or helping al-Qaeda or the Taliban.

None of the inmates were charged with any offense or put on trial; some even received apologies when they were released. While none of the allegations can be independently verified, the ill-treatment they describe also appears in an inquiry by US Senators into the handling of detainees in US custody, and they match the findings of interviews with ex-inmates conducted by human-rights organizations and legal groups. They are very similar to the methods that were used at Abu Ghraib prison in Iraq and Guantanamo Bay in Cuba.

“The conditions at Bagram were harder than Guantanamo,” says Taj Mohammed. The camp has held thousands of people over the last eight years and a new multi-million dollar detention center is currently under construction.

Most of the inmates are Afghans but some were captured abroad and brought here under a process known as “extraordinary rendition”, including at least two Britons. The Obama administration says they are dangerous men and it classifies them as “terrorist suspects” and “enemy combatants” rather than “prisoners of war”.

It is a legal classification that critics say deliberately denies inmates access to lawyers or the right to appeal or even complain about their treatment.

The Pentagon has denied the charges and it insists that all inmates are treated humanely. We were not allowed to visit Bagram, nor was anyone made available for an interview. Instead, a spokesman for the US Secretary of Defense responded to written questions. Lieutenant Colonel Mark Wright insisted that conditions at Bagram meet international standards for care and custody. In a statement, he said: “Department of Defense policy is and always has been to treat detainees humanely. There have been well-documented instances where that policy was not followed, and service members have been held accountable for their actions.”

The US military said it would investigate any serious claims of abuse, but none of the men interviewed had been made aware of any formal complaints procedure.

But another former inmate, known as Mirwais, said: “They have no respect for human beings. They blame others for violating human rights. You just go and see how they violate human rights.”

Since coming to office, president Barack Obama has banned the use of torture and ordered a review of its policy on detainees, which is expected to report next month. But unlike Guantanamo Bay, the prisoners at Bagram have no access to lawyers and they cannot challenge their detention.

Tina Foster, executive director of the International Justice Network, a legal support group which is bringing a test case in the States to try to win representation for four detainees, says the inmates at Bagram are being kept in “a legal black hole, without access to lawyers or courts”.

She is pursuing legal action that, if successful, would grant detainees the same rights as those still being held at Guantanamo Bay, but the Obama administration is trying to block the move.

Last summer, the US Supreme Court ruled that detainees at Guantanamo should be given legal rights. Speaking on the campaign trail, Obama applauded the ruling: “The Court’s decision is a rejection of the Bush Administration’s attempt to create a legal black hole at Guantanamo. This is an important step toward re-establishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus.”

Foster accuses Obama of abandoning that position and “using the same arguments as the Bush White House”.

In its legal submissions, the US Justice Department argues that because Afghanistan is an active combat zone it is not possible to conduct rigorous inquiries into individual cases and that it would divert precious military resources at a crucial time. Pentagon spokesman Wright says: “Detention during wartime is not criminal punishment and therefore does not require that individuals be charged or tried in a court of law.”

Obama has also ruled against an earlier decision to release photos that show abuse of prisoners in US custody in Afghanistan.

Ex-inmate Esmatullah says he has trouble breathing when he thinks about Bagram, he gets nervous at the very mention of its name. Like many others, he also claims that he was beaten and threatened during interrogation: “The Afghan translator told me he has orders to take out my eyes, break my legs and hands. I said I am not afraid of dying. Then he hit me with a stick so hard that I had severe pains in my back for a month and a half.”

Unlike Abu Ghraib and Guantanamo Bay, Bagram has received scant attention so far. The men would like an official apology, recognition of the abuse they say they have suffered and compensation.

These revelations come at a time when president Obama is trying to re-set America’s relationship with the Muslim world and he is redoubling US efforts to win the war in Afghanistan. It is a controversy that has already attracted much attention in the Afghan and Pakistan media and seriously threatens to tarnish the image of the new Obama administration on both sides of this troubled border.

INDIA: Structural breakdown of the justice system must be addressed

The reports that appeared yesterday in the Indian media quoting ‘informed sources’ that the Tamil Nadu state police has decided not to produce detainees in courts exposes the extent to which the justice institutions have broken down in India. According to the provisions of the Criminal Procedure Code, 1973 it is the statutory duty of the state police to assist the courts in the country for its day-to-day functioning. It is also mandatory for the police to produce the detainees remanded to judicial custody before the courts, as and when required by the courts. Any decision by the police, express or implied, against this official duty must not go unpunished.

The decision of the Tamil Nadu state police is a wilful dereliction of official responsibility, negation of judicial supremacy and the very function of the police in maintaining law and order. The Asian Legal Resource Centre (ALRC) and its sister concern the Asian Human Rights Commission (AHRC) have been continuously reporting instances suggesting the systematic breakdown of rule of law in India, particularly concerning the police. The decision by the state police of Tamil Nadu to disregard the provisions of law, substantiates ALRC’s position that there are apparent and deep-rooted problems affecting the rule of law in India.

Lawyers engaged in professional misconduct, judges failing to perform duties and police officers committing crimes, assaulting persons and destroying property have become the defining characters of the justice dispensation system in the country. The structural breakdown is apparent. Yet, instead of gearing up to repair the ruptures, it appears that the government is forcing the people to get used to the reality.

The approval by the Government of India for recruiting, training and deploying Salwa Judum, in Chhattisgarh state, in the excuse of countering Naxalite activities in that state is an example. Salwa Judum is nothing but an armed mercenary group operating with impunity in Chhattisgarh. The Chhattisgarh state administration finds it convenient to arm a faction of organised civilians to fight anti-state movements like the Naxalites. By promoting Salwa Judum, the state is trying to absolve from its responsibility of maintaining law and order in its territory.

The Government of India, instead of preventing the Chhattisgarh state administration from continuing with the deployment of Salwa Judum, insisted yet another state administration, the Manipur state government, to resort to similar tactics in 2008. The same practice was implemented years ago in the state of Jammu and Kashmir during the time of rightwing BJP led government in India. Neither in Jammu and Kashmir, nor in Chhattisgarh or in Manipur, has the situation improved since then.

In the past two years, there has been an alarming increase in the number of extra-judicial executions reported from India. In the Indian context, such murders are referred to as ‘encounter killings’. As of now, there is no legal framework in the country by which an impartial enquiry and investigation is possible in a case of encounter killing. The practice is, a superior officer and later the court, accepts a report sent in by the police involved in the murder and no further action is initiated. The murder is often rewarded by the administration, so much so, there are more than three dozen ‘encounter specialists’ serving as police officers in various parts of the country.

Impunity for the police to murder and the lack of punishment trivialises the practice of custodial torture in the country. The practice of torture is widespread and is accepted as an essential requirement for law enforcement.

On June 15 this year, the Speaker of the Kerala State Legislative Assembly, Mr. K. Radhakrishnan, declared at the annual conference of police officers of the state, that the use of third-degree methods by the state police cannot be condemned. The Speaker during his keynote address argued that it is ridiculous to insist that the police officers in India respect human rights. According to him, it is difficult to do policing and respect human rights at the same time. He made it clear that when the police investigate a crime, it is natural and often required for the investigating officer to use torture to prove the case. Among those listening to these remarks were the Director of the State Police Training College and the Director General of Police.

Breach of law by the law enforcement agencies in the country meets no bounds. Corruption, nepotism and the disregard to the law flourish within state agencies, particularly in the police. The society quiver under the writ of fear when the law enforcement agents commit crimes with impunity. In spite of repeated and legitimate requests from national and international human rights groups and the thematic mandates holders of the UN like the Special Rapporteur on the question of torture, the Government of India has failed to criminalise the practice of torture or to ratify the Convention against Torture.

In fact, the government has failed in implementing the directives of its own Supreme Court. The directives of the Supreme Court in the Prakash Singh case are yet to be implemented in the country. The implementation of the Court’s directives is important for improving the state of policing in India, since half of the issues concerning the police, including the practice of torture and participation in crimes by the police officers, are carried out at the behest of corrupt politicians in the country. Having a law against torture while the ultimate writ above the police entrusted with a corrupt politician will not improve policing in India.

It is in this context that the protest called in by the Tamil Nadu state police becomes relevant in exposing and addressing the situation of rule of law in India. The very fact that the police can intentionally negate the supremacy of law shows the vacuum of authority in the country. The incident illuminates the impunity that the police have enjoyed so far that they have now dared to openly challenge judicial supremacy.

Instead of actively engaging in the situation, the Tamil Nadu state government has allowed the police to continue with their follies. The police action on February 19 inside the compound of Madras High Court that injured police officers, lawyers, judges, court staff and ordinary persons is not of such triviality that it could be resolved by a fast declared by the state Chief Minister. The police-lawyer confrontation and the subsequent sequels of non-cooperation between three important limbs of the justice dispensation system of the country is not an issue that can be camouflaged with political gimmicks and ignored.

The February 19 incident is the clarion call for intervention by a system, which is left to breakdown and disintegrate. The subsequent protest orchestrated by the state police refusing cooperation to the functioning of the judiciary is a failure of the constitutional machinery that require a legitimate intervention by the Government under Article 356 of the Indian Constitution. The failure of the Government of India to take affirmative actions to correct and revitalise its criminal justice system poses legitimate challenges to India’s democracy and the country’s position in the UN Human Rights Council.

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
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April 23, 2009

Citizens Vs VVIPs

Filed under: dalit human rights — nagmysr @ 2:33 pm

S.O.S – e – Clarion Of Dalit – Weekly Newspaper On Web Working For The Rights & Survival Of The Oppressed Editor: NAGARAJ.M.R VOL.3 issue. 16 22 /04 / 2009 EDITORIAL: FREEDOM OF THE PRESS Vs AUTOCRACY Freedom is the inherent quality, natural trait of every human being to carve out his own destiny. It is the resultant urge of everyone to secure release from squalor, hunger, poverty and ignorance. Freedom – urge to get oneself free from material wants/needs. This urge itself makes human being inquisitive , persevere, plan, innovate, act & achieve his goals . based on these in -born natural traits of a human being – a level playing field is spread out for every one to secure freedom from material wants. That level field is the DEMOCRACY. As there is a boundary line to the field, there are certain limits – social, cultural & statutory to the democracy, with in the boundaries, there is a level playing field for growth to every one i.e. freedom, guarding one-self & his fellows not to cross that limit is ” Responsibility/ Duties”. As there are four corner stones to a field, there are Legislative, Executive, Judiciary & the enlightened citizens or press. This in-born urge to freedom is therefore a natural birth right, a human right. Democracy-the system of governance based on the natural traits of human beings and ensuring their organic growth, is built upon this very foundation. Thus The Constitution of India” has rightly incorporated it in letter & spirit , in the very first page as the pre-amble & the fundamental rights. The boundary line, the limit is the ” Fundamental Duties / Responsibilities”. one of these fundamental / human rights is ” Freedom of Speech & expression (Right to Information) ” As per the constitution of India nobody the President, Prime minister, Chief Minister, Speaker, Judges nor a Journalist has special rights which makes him superior to a citizen of India, under special, critical circumstances constitutional functionaries are empowered with special privileges only to safeguard the democratic set-up, to safe guard the unity & integrity of the nation but not to make themselves superior & to subjugate his fellow citizens into slavery. Nowadays due to widespread criminalisation – unwanted elements have entered into corridors of power – politics, bureaucracy & Judiciary. From the seats of power they are running their criminal dens. Media / press expresses the collective voice of the citizens and is the source of information to the citizens. As more & more media reports came out informing the people about the misdeeds / crimes of powers that be and collectively expressed the anguish of the people, criminals in power started feeling the heat, until the people were ignorant about the crimes committed by powers that be until the people were disunited / lacked collective voice, the criminals in power were making windfall profits through their crimes. So the information of their crimes must not reach the people – It is the key to their riches . So some of these constitutional functionaries physically assaulted media persons, got them beaten – up & even murdered the dissenting media / human rights activists. The speakers of the various state legislatures and of the parliament, started censoring the diatribes of peoples representatives from the records of proceedings of the house, live telecasts of the proceedings of the house are fully censored. Most of the M.L.A.s M.Ps. are not even aware of their duties. They don’t even attend the house punctually. Some of these members behaviour is against the dignity & decorum of the house. All these misbehaviour of M.Ps & M.L.As were widely reported in the media. So the criminals – the powers that be invoked the special privileges under the normal circumstances itself and choked , strangulated the throat of source of information / expression – The Media / press. Nowadays it is becoming frequent with Judges & the people’s representatives, to slap contempt proceedings “Against Journalists & citizens” who demand information / accountability & against those who speak – out against the crimes of Judges, MPs & M.L.As. Even if one struggles through all hardships & tries to legally prosecute those criminals, they escape legal prosecution / conviction through “Legal Immunity Privileges”. The recent cases are the “Roost resort case involving Karnataka High Court Judges” where in the Karnataka high Court slapped contempt proceedings against various news publications and the Tamil Nadu legislative assembly speakers arrest warrant against the journalists of The Hindu” & “Murusoli”. Now a time has come to clearly demarcate, define under what circumstances these special privileges / Legal immunity privileges accorded to the constitutional functionaries can be exercised. Also certain sections of the constitution of India like the tenth schedule the directive principles of the government, official’s secret act Reservation Policy, Article 370, various non-uniform civil codes etc., which are at present non- justifiable are all together shaking the very foundations of democracy. Thereby suppressing the natural trait of human being to be free & destroying the level playing field . Free- flow of information is the life-line of a functioning democracy. Ensure , protect & preserve it. JAI HIND VANDE MATARAM Your’s Sincerely, NAGARAJ. M.R. NARCO-ANALYSIS – RIGHT OR WRONG? The advances in science must be used by the police to find out the truth, to solve the mysteries of the crimes. It is the better option for both investigation / interrogation than the classical interrogation method involving third degree torture, where in the accused breaks -down & blurts out the truth, usually, in most of the cases innocents unable to bear the torture confesses to the crimes they have not at all committed. The scientific tools of interrogation namely Narco-analysis . Brain mapping & polygraph Tests must be made mandatory for interrogation. The perpetrators of third degree torture i.e. Police Military personnel must be punished severelly. Not just on innocents, even on proven criminals police have no rights to torture. It is grossly inhuman & illegal. At present, there is certain bias in the usage of scientific interrogation tools:- 1) Generally everybody is afraid of police & their corrupt practices. Even innocent persons are frightened of false fix-ups & third degree torture by police. This fear shows up in their heightened anxiety level, changes in their blood pressure, respiration, heart-beat etc., There are chances of misinterpreting this as the “Fear of a criminal of being caught”. 2) These scientific tools are in the hands of police only. Therefore it is biased towards the police or prosecution in a case. Forensic science labs where these scientific interrogations are conducted are under the control of Police department . Fundamental objective of police is to prove their case, the prosecutions stand point rather than finding out the truth. Sometimes, the stand points of prosecution police are influenced by caste, political & monetary considerations. This bias reflects in the preparation of the “Questionnaire by the Interrogator” The interrogator if he wants to bring out a negative image of the accused before the court, he prepares the questionnaire such that only negative issues come out as the answers. If the accused has got political patronage & has paid hefty bribe to the police questionnaire is prepared such as to bring out a positive image, to highlight innocent image of the accused. Leaving out all other related questions, which brings out truth, a negative image of the accused. The police are the one who decide the fate, destiny of the accused. 3) Every human being has two personalities with in his sub – conscious mind one personality is evil, selfish & craves for all material pleasures. The other personality is good , humane & sociable one. Whenever an issue comes up before a human being , whenever a human being sees, reads or hears a subject two opinions are formulated about it by him. One by his evil, selfish ego the other by his good, humane self .A perfect human being, a social being is one who controls his mind, contains the evil influences of his selfish self and follows the guidance of his good self. This readily expresses itself through good humane social actions. A criminal is one who does not have control over his mind and acts according to the evil guidance of the selfish self. There are chances of mis-interpretation during scientific interrogation . If you expose only evil self you will get a negative image or else if you expose only the good self you will get a positive image of the accused. For a balanced view, you have to see the both evil-self & good self of the accused together with his past & present actions. 4) At present only it is the prosecution who can use these scientific interrogation facilities, but not the defence. In the fake stamp paper scam during Narco Analysis , king pin Mr. Karim Lala Telgi blurted out the truth – gave out the names of his VVIP accomplices, Police accomplices, his business details, so far so good. Hereby I do request you to order both the union government & all state governments :- 1) To keep the forensic science laboratories under the control of autonomous bodies like National Human Rights Commission. 2) To make the scientific facilities of interrogation available for both the prosecution & the defense of course, for a fee. 3) To enact legislation to subject the corrupt investigating officer, corrupt public prosecutor, corrupt presiding judge of the case, etc., to scientific interrogations, by both the defense & prosecution. 4) To factor in the allowances for the natural fear for police (for their corrupt, ruthless, devil face). 5) To create an unbiased impartial atmosphere free of fear or favor to conduct the scientific interrogation. 6) To enact guidelines for scientific interrogation for framing questions to bring out both good & evil self in the sub conscious to have a balanced view of the man under question together with his past & present actions . 7) To make it mandatory for all cases including VVIPs . In various cases scams, involving VVIPs cases drag on for years. Public money is wasted through waste of deliberations of the house ( Parliament, Legislative Assembly), Waste through constitution of Parliamentary committees , Judicial commissions, why not all those VVIPs accused of involvement in scams subjected to tests like Narco analysis, poly graph, Brain finger printing etc., So that L K Advani & Murali Manohar Joshi will tell about Babri Masjid demolition, Sonia gandhi family will tell about Bofors, George Fernandese about Tehelka, P V Narasimha Rao about Jain Diary, Forgery case , Sukharam about Telecom purchases, Lallo Prasad Yadav about fodder scam. The scam tainted VVIP list goes on. Why not these VVIPs are subjected to scientific interrogation with unbiased questionnaire? FAKE ENCOUNTERS , LOCK-UP DEATHS & 3RD DEGREE TORTURE BY POLICE IN INDIA Recently, it has been reported in the media , how in gujarath state high ranking police officials took SUPARI to murder & committed the murders by giving it the name of encounter. Nowadays , it has become common place that police take law into their own hands , settle scores , conducts their own courts of justice like compromise panchayaths at police stations. All these acts of police are illegal , the police must first thought the lessons of law before enforcing it. The murderers ,criminals in police uniform must be punished at the earliest. 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA- Gross violations of human rights by police 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. 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. FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy. 1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ? 2) What are the privileges conferred on legislators & parliamentarians by the constitution of India? a) Inside the House b) Outside the House 3) What are privileges conferred on constitutional functionaries, like a) President of India b) Prime Minister of India c) Chief Justice of India d) Chairman of NHRC e) Central Vigilance Commissioners. 4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ? a) Cover all their official actions irrespective of merit. b) Cover both their official & personal actions. 5) Are the privileges defined & codified ? 6) Are these privileges above freedom of the press ? 7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ? Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ? 9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ? 10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ? 11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House. 12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ? 13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ? 14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ? 15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ? 16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more valid) in a democracy ? 17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ? 18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ? 19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.? 20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ? 21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?. 22) What is the criteria for admitting a P.I.L. & giving free legal aid ? 23) Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ? POLICE COMPLAINT AGAINST HONOURABLE CHIEF JUSTICE OF INDIA & H.E.HONOURABLE PRESIDENT OF INDIA From, NAGARAJ.M.R. LIG-2 / 761, HUDCO FIRST STAGE, LAXMIKANTANGAR, HEBBAL, MYSORE – 570017. Through, Honourable DG & IG of Police , State Police H.Q , Bangalore. To, Honourable Circle Inspector of Police, Vijayanagar Police Station, Mysore. Honourable Sir, Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by Honourable Chief Jusice of India & H.E.Honourable President of India Reference: On-line grievances DARPG/E/2009/06279 , DPG/M/2009/80069 , DPG/M/2009/80070 http://cid-ff47525325d0e9c5.skydrive.live.com/self.aspx/Public/Police%20complaint%20against%20chief%20justice%20of%20india/TRUTH%20HIDDEN%20BY%20CORRUPT.doc , http://cid-ff47525325d0e9c5.skydrive.live.com/self.aspx/Complaint%20to%20DG%7C0IG%20of%20Police/TRUTH%20HIDDEN%20BY%20CORRUPT.doc , http://sosappealbydalit.rediffblogs.com/ , http://sosappealbydalit.wordpress.com/ , http://sosappealbydalit.blogspot.com/ In India , as per constitution of india all citizens are equal , have right to equal oppurtunity & equitable justice irrespective of caste , creed , religion , etc. the constitution has guaranteed these to every indian citizen by way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every humanbeing on earth has got HUMAN RIGHTS, by virtue of his / her birth. However in india , CONSTITUTIONAL FUNCTIONARIES / PUBLIC SERVANTS have forgotten this & are acting as lords , autocrats – unquestionable public masters. CONSTITUTIONAL FUNCTIONARIES are PUBLIC SERVANTS appointed to serve the public, public are the kings of democracy , they are the taxpayers & paymasters of this very same public servants. In India , corruption has spread it’s tentacles far & wide , it has not even spared the judiciary. The last resort of commonman for seeking justice is judiciary , even there corruption has spread.In present day India , if one is rich , he can committ any type of crime & get away clean from courts of law. there are corrupt police officials who modify FIR , suppress evidences ,manipulate evidences , takes up different line of investigation , fix innocents , coughs-up false confessions from innocents by 3rd degree torture , file B report closing the case , decides not to appeal in higher court of law , etc , ALL FOR A PRICE. Just see the list of millionnaire police officials who are caught by karnataka lokayukta. Next step , the prosecutor & defense advocate strikes a deal , manipulates evidences , manipulates way of presentation of case & way of argument favouring the rich crooks for a price , as observed in high profile BMW case involving public prosecutor IU KHAN & defense counsel RK ANAND. In this way , if corrupt police & advocates , together manipulate the due process of law , the presiding judge is left high & dry eventhough the judge is honest, he is left helpless. to add to this , when the judge himself is corrupt , people’s last hope , democracy is dead. nowadays we are hearing too many reports of irregularities in judiciary. our publication has filed many appeals as PUBLIC INTEREST LITIGATION before hon’ble supreme court of india, but the vested interests there are not accepting it as PILs. WHAT DOES PUBLIC INTEREST LITIGATION MEANS ? ISSUES WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS. The issues raised by us for sample : 1. sale of fake medicines & adulterated food products , beverages , colas affecting the health of millions of indians & public of importing nations who are importing the same dangerous products from india . 2. demolition , eviction of houses , lands belonging to poor dalits , tribals , backward castes by government authorities whereas regularising illegal land encroachments , illegal buildings by high & mighty people in total disregard to law. in some cases government has even made contempt of court , by defying court orders & enacting special laws all to favour rich land grabbers. 3. take the cases corporate frauds, violation of labour laws , pollution board laws , tax laws , etc by companies. 4. The reports in media about certain highly placed public servants leaking india’s defense secrets to foreign countries & some politicians , film stars attending parties hosted by anti nationals DAWOOD IBRAHIM & underworld dons in gulf countries & elsewhere. these type of appeals are for public good , national security , as public are affected by them. still supreme court of india is not considering our repeated PIL Appeals.the courts have the authority to consider even a post card , e-mail as a PIL Appeal , the courts even have the right to initiate suo-motto action for public good , inspite of absence of any appeals / complaints. over & above this at the time of my very first appeal my income was very low & i was a retrenched factory employee who was eligible for free legal aid, even free legal aid was not given to me. Now , even to my repeated RTI Appeals the Honourable chief justice of India & H.E.Honourable President of India are not giving the requested information . these action of CJI & PRESIDENT OF INDIA is aiding high & mighty criminals , anti nationals , amounts to suppression of information , truth , evidences , which is a cognizable offence. We do have highest respect for all constitutional bodies , public servants , but it is an appeal to the honest few in public service ,to bring to book their corrupt colleagues.The Honourable Chief Justice of India & H.E.Honourable President of India have violated their oaths of office , failed in their constitutional duties , suppressed material truths / informations & thereby repeatedly violated my Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC HUMAN RIGHTS & Obstructing me from performing constitutionally prescribed FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Hereby , i do request you to legally prosecute the above two public servants on the above mentioned charges. the whole issue of this news paper & the related materials at the weblinks provided, forms part of this complaint. thanking you. Date : 16.04.2009 your’s sincerely, Place : Mysore nagaraj.m.r. edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313 home page: http://groups.google.co.in/group/e-clarion-of-dalit/ , http://e-clarionofdalit.blogspot.com/ , http://in.groups.yahoo.com/group/e-clarionofdalit/ , e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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March 13, 2009

SOS Appeal by Dalit

Filed under: dalit human rights — nagmysr @ 3:13 pm

S.O.S – e – Clarion Of Dalit – Weekly Newspaper On Web
Working For The Rights & Survival Of The Oppressed

Editor: NAGARAJ.M.R VOL.3 issue. 10 11 /03 / 2009

Editorial : SOS – APPEAL TO H.E.HONOURABLE PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA
- Vested Interests , Criminals silencing a journalist
Your excellency,

Even after 62 years of india’s independence , the plight of commonman has worsened. Corrupt public servants , corrupt judges , corrupt police , etc are proving to be parasites leading 5-star lifestyles at taxpayer’s expense. They in their greed for money , bribe are aiding & abetting terrorists , separatists , naxalites, underworld mafia , etc covertly & overtly , backstabbing our motherland. These corrupt public servants are more cruel than Jalianwallah Bagh butcher General Dyer of british army. If Mahatma Gandhi was alive today , he would have been disgusted with the present way of democratic government , functioning of public servants & would have died heart broken. If our freedom martyrs like sri.Bhagath Singh or Sri. Madan Lal Dingra or Sri.Subhash Chandra Bose would have been alive , they would have given a befitting reply to this corrupt police , corrupt judges , public servants.
Whenever , a commonman raises his voice for justice , he is silenced in various ways by the criminal nexus. The said criminal nexus has previously tried to silence me in many ways including attempts to murder , closure of newspaper , etc , now the same criminal nexus is at it again. They are trying to silence me , to close my newspaper , to foist false cases against me , all for asking the following QUESTIONS , which public servants are afraid to answer. Even if they succeed in silencing me , TRUTH NEVER DIES, THE COMPLICITY OF HIGHEST CONSTITUTIONAL FUNCTIONARIES IN COVERING-UP , HIDING CRIMES IS FOR ALL THERE TO SEE. If Anything untoward happens to me or my family members , both of you H.E.Honourable President of India & Honourable chief Justice of India will be responsible , accountable for that. If police or other law enforcing agencies , ask me- the complainant , to come over to police station repeatedly for inquiry ( as they did previously) instead of asking the accused high & mighty persons , to come over to police station at least once , the police , the court & the government is liable to pay me damages .
In India corruption has spread it’s tentacles far & wide. Corrupt few among judiciary are selling judicial orders , police are fixing innocents letting off the rich criminals , manipulating evidences , people’s representatives are taking money even for asking questions in parliament , for releasing money under MPLAD scheme , etc. many of the public servants are selling their official duties for some consideration. These greedy corrupt public servants are worse than street side prostitutes who sell off their own body for a living. However the corrupt public servants who take hefty pay & perks from the government sell off their official duties , their ethics , honesty , in their greed for more money.There are even worse corrupt parasites , police who even take commission from these hapless street side prostitutes.
Take two recent examples , in mysore a little kid of a villager was not properly attended to for nearly 15 days by any doctor in government K.R.Hospital , just for the reason that villager was unable to pay bribe. Finally the kid died in the hospital. Even in ESIC Hospital , mysore although the services are paid by employees by monthly contribution , services are dismal . almost every official in ESIC Mysore demand bribe for consultation , medical test , issue of medicines , bill reimbursement , etc.

Now , take another example how the flyover collapsed in delhi or 15 storey building collapsed in Bangalore. Still mystery shrouds , cover up is taking place with respect to this building collapse. Is it not due to the failure of town planning authorities like BDA , BBMP, etc ? there is complete mystery regarding the casualties of this building collapse , what labour commissioner is doing ? even in mysore , at Infosys construction project site many casualties have taken place , but not properly recoreded by authorities , why ?

Now , the hard fact is that if one has money he can do anything & get away . at this juncture , disillusioned with the corrupt government system , the educated unemployed or victimized youths become a fertile ground for raising of anti social movements like naxalism , mafia or separatist movements , religious fundamentalists , etc. this has already happened in India.

This is an open appeal to your excellency & the honest few in public service , to check this growth & to take India towards Mahatma’s swaraj. The public servants mentioned in the following articles are shielding corrupt criminals , by refusing to answer questions , will you make them cough up TRUTH IN FULL ? e-voice has appealed to authorites offering services in apprehending tax thieves & other criminals , but public servants are not interested to utilize our services lest their criminal pals are get caught ? ARE YOU READY TO CATCH TAX THIEVES & OTHER CRIMINALS BY TAKING OUR SERVICES ?

Bihar type mob justice cases will become more frequent leading to
anarchy , rise of naxalism , terrorism & underworld in india. The
cause for all this CORRUPT PUBLIC SERVANTS in India. When common
people don’t get justice by police , by courts of law , rich mighty
criminals get away from punishment & people’s representatives in
parliament / state legislatures legalizes the crimes of their rich
friends , criminals , anti nationals , the justice becomes a mirage to
common man , democracy a farce.

Just consider following examples , PMO official leaks out nuclear
secrets to enemy countries endangering the security of India , a
government official gives driving license , ration card , voter
identity card to a Pakistani terrorist , a police official issues gun
license to anti national Terrorist , a police official applies 3rd
degree torture to a poor innocent to cover up rich criminal , a police
official murders a poor innocent in lock-up , fake encounter to cover
up rich criminal , a judge issues bail , other judicial orders for a
price to anti national , a police officer destroys evidence , delays
investigation to aid rich criminal , etc , all these public servants
are least bothered about either the well being / security of our
motherland India or our countrymen . they are concerned only about
the kick backs they get . even higher officials , courts are not
taking any action against such corrupt anti national officials , why ?

In these circumstances , the aggrieved mass of people to protect the
security of our motherland India ,to uphold law , to protect
themselves , in exercise of their CONSTITUTIONALLY ENSHRINED
FUNDAMENTAL DUTIES ( ie to uphold constitution of India , to protect
the unity , integrity of the country , to protect the rights of fellow
country men ) eliminate , kill such CORRUPT ANTI NATIONAL PUBLIC
SERVANTS when all the avenues for seeking justice have failed , is it
not justified in the interest of country ?

Do remember that hard liners among our independence struggle like shri
. subash Chandra bose , shri. Bhagath singh & others have contributed
to our independence struggle immensely. However their actions at that
point of time as per then prevailing laws of britishers were termed as
illegal , although it did good to our motherland & our countrymen.

However in democracy this should not happen as this violence leads to
anarchy , more violence. this anarchy can be controlled only by the
corrupt public servants , whose making it is . they must mend their
corrupt practices , must strictly work for the welfare of our
motherland , the courts must punish the corrupt public servants
severely. Then alone bapuji’s true swaraj can be built.

The sad fact is that instead of mending their ways , the corrupt
public servants have increased their personal security & taking more
and more kick backs. God only must protect them from dog’s death at
the hands of mass of people.

We at e-Voice for Justice believes in equitable justice ,
peace & non violence and hereby only analyzing the causes for bihar
type mob violences , rise of naxalism , terrorism , under world in
India. Our analysis is a social pointer to the things to come in near
future , in India , ways to protect democracy in India.

In the democratic india , whenever a citizen suffers from injustice ,
violation of constitutionally guaranteed fundamental rights / human
rights he can appeal to the higher Authorities for justice , then to
the next higher authority in the hierarchy . if it fails he can
approach the police , courts of justice. Finally he can appeal to the
first citizen of the country & supreme court of india . Now ,
corruption is more prevalent in police & judiciary. To my numerous
appeals for justice , e-voice’s appeals for justice concerning public good
, the public servants have failed to perform , the police have taken
biased action & finally H.E.PRESIDENT OF INDIA , HONOURABLE CHIEF
JUSTICE OF INDIA are mum. They have failed to perform their
constitutional duties. All the doors of justice are closed for me.

e-voice has brought to the notice of government cases of
rights violations , crimes , tax evasions by public servants &
corporate bodies , it also offerred it’s services in apprehending
corporate criminals stealing crores of tax money. there was no
response . the police & authorities are keen , over zealous in
apprehending & prosecuting a pick-pcketer stealing Rs.10 , where as it
cover-ups the crimes of corporate criminals stealing lakhs , crores of
tax money. the government even rewards such corporate criminals with
tax exemptions , subsidies , etc. Is it equitable justice ? true
democracy of mahatma’s vision ? This type of corrupt administration in
india since independence has made the lives of commoners miserable and
is the main driving force for the rise of NAXALISM , TERRORISM /
SEPARATIST MOVEMENTS & UNDER WORLD.

However violence is not the solution, violence breeds more violence &
mahatma’s democracy true
swaraj cann’t be set up on the basis of violence. When all the doors
of justice are closed for a commonman ( sufferer of gross
injustices ) without financial might or contacts , he has the
following options :

1. to take law into his own hands & settle scores. But it is illegal
although naturally justified .

2. to suffer more & more injustices reconciling to the fact , ground
reality that democracy in india is fake only a facade.

3. To committ suicide to runaway from all injustices. But that is
illegal & cowardice.

4. To spread awareness among public about corruption in police ,
judiciary , public service & to kindle the light of crusade in them
within legal democratic frame work although presently sufferring from
gross injustices. All in the hope that tommorrow will be bright &
sunny , with the dawn of mahatma gandhi’s swaraj , as clearly told by poet Ravindranath Tagore and bow our heads to our great motherland India.

Your excellency , kindly tell me – tell the common people which way to take . JAI HIND . VANDE MATARAM.

Your’s sincerely,
Nagaraj.M.R.

WHERE THE MIND IS WITHOUT FEAR

Where the mind is without fear & the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches it’s arms towards
perfection
Where the clear stream of reason has not lost it’s way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever widening thought and action
Into that heaven of freedom , my father
Let my country awake.

VANDE MATARAM

Mother, I bow to thee!
Rich with thy hurrying streams,
bright with orchard gleams,
Cool with thy winds of delight,
Dark fields waving Mother of might,
Mother free.
Glory of moonlight dreams,
Over thy branches and lordly streams,
Clad in thy blossoming trees,
Mother, giver of ease
Laughing low and sweet!
Mother I kiss thy feet,
Speaker sweet and low!
Mother, to thee I bow.

Who hath said thou art weak in thy lands
When the sword flesh out in the seventy million hands
And seventy million voices roar
Thy dreadful name from shore to shore?
With many strengths who art mighty and stored,
To thee I call Mother and Lord!
Though who savest, arise and save!
To her I cry who ever her foeman drove
Back from plain and Sea
And shook herself free.

Thou art wisdom, thou art law,
Thou art heart, our soul, our breath
Though art love divine, the awe
In our hearts that conquers death.
Thine the strength that nervs the arm,
Thine the beauty, thine the charm.
Every image made divine
In our temples is but thine.

Thou art Durga, Lady and Queen,
With her hands that strike and her
swords of sheen,
Thou art Lakshmi lotus-throned,
And the Muse a hundred-toned,
Pure and perfect without peer,
Mother lend thine ear,
Rich with thy hurrying streams,
Bright with thy orchard gleems,
Dark of hue O candid-fair
In thy soul, with jewelled hair
And thy glorious smile divine,
Lovilest of all earthly lands,
Showering wealth from well-stored hands!
Mother, mother mine!
Mother sweet, I bow to thee,
Mother great and free!

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS/LEGISLATIONS FOR ???? -
improper functioning of democracy in india

Various indian & multinational companies are looting indian
exchequer to the tune of thousands of crores of rupees , through
lobbying / bribing. Take the recent case of allotment of 3G spectrum.

Questions public servants are afraid to answer

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/ ,

Case no.1 CORPORATE CRIMES RPG CABLES LIMITED

http://groups.yahoo.com/group/naghrw/message/218

case no.2 MEGA FRAUD BY GOVERNMENT OF INDIA

http://groups.yahoo.com/group/naghrw/message/196

Case no.3 are you ready to catch tax thieves ?

http://groups.yahoo.com/group/naghrw/message/196

case no.4 MOBILE PHONES , CURRENCY SCANDALS

http://groups.yahoo.com/group/naghrw/message/196

Case no.5 reliance industry where is accountability ?

http://groups.yahoo.com/group/naghrw/message/196

case no.6 crimes at infosys campus

http://groups.yahoo.com/group/naghrw/message/214

case no.6 crimes by B.D.A against a poor woman

http://groups.yahoo.com/group/naghrw/message/212

case no.7 crimes of land mafia in India

http://groups.yahoo.com/group/naghrw/message/212

case no.8 currency thefts in RBI Press

http://groups.yahoo.com/group/naghrw/message/80

case no.9 killer colas & killer medicines of India

http://groups.yahoo.com/group/naghrw/message/201

AN APPEAL TO HONOURABLE CHIEF MINISTER OF KERALA , INDIA

Dear Sir,

INDIA: Torture of a boy at Kodungaloor Police Station must be investigated

Name of victim: Nitish Lal R. P., aged 15 years, son of Pradeep, Ramashedath house, Lokamaleshwaram village, Sringapuram, Kodungaloor post, Thrissur 680644, Kerala state
Alleged perpetrators:
1. Mr. Balachandran, Sub Inspector of Police, Kodungaloor Police Station, Kodungaloor post, Thrissur district, Kerala state
2. Mr. Praveen Kumar, Probationary Inspector of Police, Kodungaloor Police Station, Kodungaloor post, Thrissur district, Kerala state
3. Unidentified two other police constables from Kodungaloor Police Station (they could be identified by the victim)
Date of incident: 13 January 2009

I am writing to express my concern about a case of custodial torture reported to me, of a student of Edavilangu Higher Secondary School, Thrissur district in Kerala state.

I am informed that on 13 January, at about 7:30pm, Nitish, a boy aged 15 years, and the victim in this case, was watching a festival procession at a local temple, the Sri Kurumbakavu Temple, in Kodungaloor. While Nitish was at the temple ground, Sub Inspector of Police Mr. Balachandran arrived at the festival ground in a police vehicle. The officer took Nitish into custody.

I am informed that the police took Nitish to the Kodungaloor Police Station, where he was inhumanly treated and tortured brutally by the police. I am informed that at the police station, Sub Inspector Mr. Balachandran and probationary Inspector Mr. Praveen Kumar punched and kicked Nitish. I am concerned to know that in addition to the assault, the officers also stripped Nitish naked inside the police station. I am shocked to know about the perverted forms of torture, the officers inflicted upon Nitish. I am informed that Nitish has written to the State Human Rights Commission narrating the incident, and detailing what had happened to him at the hands of the police.

I am aware that the victim was taken to the local hospital for treatment and later produced before the Chief Judicial Magistrate, Thrissur, at his residence. The medical records, however, was retained by the police. I am also informed that the police registered a false crime against Nitish. The crime number is 30/2009 of Kodungaloor Police Station.

I am informed that when the Magistrate saw Nitish, he informed the police officers that this is an incident where the parents of the victim should have been informed about the boy’s custody and that he should have been released immediately from the station itself. I am also aware that the Magistrate had expressed his disapproval to the police for referring the victim as an `accused’ in the case file, as he is just a boy. I am further informed that the victim was sent to the Juvenile Home, from where he was released the following day.

I wish to express my concern in this case, particularly regarding the aspect of torture practised in police stations. The fact that the victim is a minor in this case makes the officers even more culpable for their crime. The Urgent Appeal issued by the Asian Human Rights Commission, UAC-016-2009, details the horrific incidents that transcribed inside the police station. The narrative of the incident challenges the very concept of `law enforcement’ and further illuminates the illegal tactics employed by the police in Kerala state to avoid prosecution for crimes the police commit. It also highlights the umpteen possibilities of the police officers, providing them immunity for the crimes they indulge in.

I am aware that in reported cases where there is a judicial intervention, the possibilities of corrupt police officers getting punished and the victim obtaining redress are relatively higher in number in comparison to a mere departmental enquiry. I am also aware that an internal enquiry by the police often results in further intimidation of the victim. There is no reason why in this case too, such an enquiry could be different.

I therefore request you to ensure that:

1. a judicial enquiry is ordered in the incident, through the office of the Chief Judicial Magistrate, Thrissur;

2. the statement of the victim and the witnesses are recorded by the Magistrate;

3. if the statements so recorded by the Magistrate reveals a crime, a crime be registered against the police officers and the officers brought to trial;

4. the officers to be kept under immediate suspension so that they do not indulge in acts that could threaten the victim or the witnesses in the case;

5. the victim to be paid an interim compensation and further provided protection, and;

6. torture is made a crime in India.

Your’s sincerely,
NAGARAJ.M.R.

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
home page: http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com

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January 7, 2009

Crimes of US Administration

Filed under: dalit human rights — nagmysr @ 1:20 pm

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e – Clarion Of Dalit - monthly newspaper on web

working for the rights & survival of the oppressed

editor: NAGARAJ.M.R…VOL.3 issue. 01…07 /01 / 2009

EDITORIAL : GUNS N’ ROSES – international war crimes tribunal

9 / 11 WTC attack , 26 / 11 MUMBAI attack , bomb blasts in pakistan

India, U.S.A , U.K , Pakistan and various other countries
have given birth to & supported various terror outfits, all with the
objective of widening their area of influence, to get hold of
governance of other countries, to loot resources of other countries.
At no time they were bothered about the welfare of innocent people
in those victim countries.

Now, when the Frankenstein monster they fathered TERRORISM
is haunting them , came home to roost in their own backyards , all
these countries are crying foul.

Take for instance Pakistan , it has got enough problems on hand , poverty , unemployment , malnutrition , hunger , illiteracy is rampant in Pakistan. Ordinary Pakistanis are suffering, ordinary Pakistanis does not need neither war nor jihad , what they need is food , healthcare , education for their children.

Take for instance india, it has lot of problems on hand
like starvation, lack of education , health care, etc. The GOI says
it doesn’t have enough funds to solve these problems. These problems
are of pre-independece vintage, increasing multifold after
independence of india. Still the government of india spent crores of
rupees on training , arming of tamil terrorists in srilanka ,
unnecessarily poked it’s nose in east pakistan creating bangladesh,
created terrorist outfits in punjab & northeast to counter the
influence of other terrorist outfits. ALL THE WHILE PREACHING
PANCHASHEEL PRINCIPLES – peaceful co-existance , respect for
neighbour’s boundaries, etc, in the same breath. What ordinary Indians , commonfolk need is food , shelter , healthcare & education.

Take the case of USA , from the beginning since decades , it is the habbit of US administrators, britishers to sow the seeds of discontent between two countries , make them to go to war with each other ( simultaneously selling military hardware worth billions of dollars to those same countries by the way making profit in billions ) & to finally play the role of a truce maker thereby getting a foothold in the newly formed government plus getting reconstruction projects worth billions of dollars leading to profit of billions. Just remember the US invasion of iraq , citing presence of WMDs, finally nothing was found. However USA made billions of profit by business.

The common folk of whichever country , whichever religion you take , does not want war , everybody wants peace. The common folk need food , shelter , healthcare & education. It is the scheming politicians who go on the path of violence. POOJYA BAPUJI’s , MAHATMA GANDHIJI’s principles of non violence , non interference in the affairs of other individuals / other countries , love / compassion for fellow human beings is much relevant today.

Hereby, HRW urges the international war crimes tribunal , to
order the respective governments who aided terrorism ,to pay damages
to victim countries.
Jai hind. Vande mataram

Your’s sincerely,

Nagaraj.m.r.

CRIMES OF U.S PRESIDENT

From the day one the government of u.s.a is selfish & violating the rights of other countrymen. During cold war days , to expand it’s influence & to give more business for u.s arms manufacturers , the u.s.a sowed the seeds of terrorism in various countries & nurtured them through arms & finance supply , training. The AL-QUEDA & TALIBAN are it’s own babies.
The president bush of U.S.A was sufferring from low image ratings , the domestic economy was facing a slump , so to improve his own rating & bring more business to u.s industries , he schemed an inhuman ruthless plan. He wanted to take control of afghanisthan & iraq. He needed a ruse to invade them & concocted one murdering his very own countrymen.

human rights watch has doubted the authenticity of 9/11 in it’s articles months ago. it is just a ploy of the bush to divert attention of public from his dipping ratings , domestic problems like unemployment , economic lows and more importantly to find rather fabricate a reason for attacking the arab world , iraq. finally , to help it’s MNCs mint millions in reconstuction , oil contracts, etc. it is a savage act of bush for green bucks.

SEPTEMBER 9/11 WAS PLANNED !!!! VISIT : http://www.neiu.edu/~ayjamess/hmmm.htm#Main

The government of U.S.A thrown all international conventions into wind , lied about weapons of destruction in iraq & invaded a sovereign country iraq. Still , it was unabale to find any weapons of mass destruction in iraq. In it’s greed for power , green bucks , it inhumanly tortured prisoners , took them to 3rd countries for torture , bugged phones of u.s citizens & violated human rights of u.s citizens. In his ego , greed mr.bush has violated all human rights of not only u.s citizens but also human rights of innocent iraqis , afghans , etc & thrown all international laws into winds.
Now, the president himself has acknowledged the intelligence failure in iraq but defended his iraqi invasion. Mr. Bush will be remebered in the history books as a GREATEST LIAR , INHUMAN SCHEMING MEGALAMONIAC & GREEDY OLDMAN.

AMERICA INTROSPECT YOUSELF
By a reader

I agree with you as the issues you have raised are very valid. US was
least bothered about terrorism , when it was hitting other countries.
Terrorism has been there for a long time now in many countries.But
when it affected the US then they came out with this concept of ” War
against Terror”. My question is if they were genuinely interested in
curbing terrorism, where were they earlier. Because of their
policies, which at times are not in the interest of nations or
groups, they are being targeted. Its greed, which is behind these
policies. The greed to contol other places, and become more powerful.
Look at the average American Citizen, he is always in fear about
attacks. Recently during the bomb blast in New Delhi, saw the
Americans fleeing the capital first.
Recently there were some issue in the group about Exploitation and
Slaves. Well, you look at the history, whenever there has been any
supression on individuals, groups or countries, there has been a
revolt. How long can one tolerate the attrocities ? Kashmir is also
related to this problem. Kasmiri Pandits were in control of all the
power and held key positions, and Kashmiri Muslims were neglected,
thus came in this terrorism issue in Kashmir. Coming Back to US, it
never does anything, without their own vested interest. Why did the
US attack Iraq in the first place, was Saddam the real reason? I
guess, no. The UN inspection teams came down to Iraq to look out for
Weapons of Mass Destruction. Did they find anything???? No. US has
very sophisticated technologically advanced intelligence systems,
wherein they keep a tap of everything thats happenning around. Just
think for a moment, if a Company like Google can display defence
establishments and other sensitive information on its website, Google
earth, can you really believe that the US Intelligence would be
lacking anyway behind? They very well knew that there was nothing in
Iraq but still attacked. A couple of days ago there was a news item
which highlighted a former US political figure quoting ” That guy
(Saddam) is sitting on the Oil,and we can’t stand it”.
Where ever they are supporting, something or the other, there must be
some interest at the background. So, what is it in case of the
Gujarat Riots ? I guess we need to find out this first. These were
some thoughts which came to my mind and hence wrote it down.

In the Name of Democracy American War Crimes in Iraq and Beyond
by Jeremy Brecher, Jill Cutler and Brendan Smith

Brandon Hughey was a private at Fort Hood when he discovered that his
army unit was about to be sent to Iraq. The eighteen-year-old from
San Angelo, Texas, was desperate-not because he was afraid to go to
war, but because he was convinced that the Iraq war was immoral. He
considered solving the problem by taking his own life. Instead, he
got in a car and drove to Canada. He explained, “I would fight in an
act of defense, if my home and family were in danger. But Iraq had no
weapons of mass destruction. They barely had an army left, and [UN
Secretary-General] Kofi Annan actually said [attacking Iraq was] a
violation of the UN charter. It’s nothing more than an act of
aggression. You can’t go along with a criminal activity just because
others are doing it.” If, as the Bush administration has maintained,
the United States is fighting in Iraq to protect itself from
terrorism, free the people of Iraq from tyranny, enforce
international law, and bring peace and democracy to the Middle East,
then war resisters like Brandon Hughey appear deluded if not cowardly
and criminal.

But what if Private Hughey is right? What if the U.S. operation in
Iraq is “nothing more than an act of aggression?” What if it indeed
constitutes “criminal activity”? What, then, is the culpability of
President George W. Bush, Defense Secretary Donald Rumsfeld, and
other top U.S. officials? And what is the responsibility of ordinary
Americans? Until recently, the possibility that top U.S. officials
were responsible for war crimes seemed to many Americans nothing but
the invidious allegations of a few knee-jerk anti-Americans. But as
more and more suppressed photos and documents have been disclosed,
and as more and more eyewitness accounts from prisons and
battlefields have appeared in the media, Americans are undergoing an
agonizing reappraisal of the Iraq war and the broader war on terror
of which it is allegedly a part.

the evidence

There are three sets of questions regarding possible U.S. war crimes
in Iraq. The first set of questions concerns the legality of the U.S.
attack on Iraq under international law. Secretary-General Kofi Annan
of the United Nations stated shortly before the attack that the UN
Charter is “very clear on the circumstances under which force can be
used. If the U.S. and others were to go outside the Council and take
military action, it would not be in conformity with the charter.” He
subsequently stated that the invasion of Iraq was “not in conformity
with the UN Charter, from our point of view, and from the Charter
part of view, it was illegal.” The U.S. admission that Iraq had no
weapons of mass destruction, and the growing evidence that the United
States fabricated the evidence on which that charge was based, has
provided added weight to Annan’s view.

The second set of questions involves the possible illegality of the
U.S. occupation of Iraq and its conduct. The seriousness of such
questions was recently underlined by the warning of Louise Arbour,
the UN High Commissioner for Human Rights, that those guilty of
violations of international humanitarian rights laws-including
deliberate targeting of civilians, indiscriminate and
disproportionate attacks, killing of injured persons, and the use of
human shields-must be brought to justice, “be they members of the
Multinational Force or insurgents.”

The military technology the United States is using in Iraq, such as
cluster bombs and depleted uranium, may be illegal in itself. Under
Article 85 of the Geneva Conventions it is a war crime to launch “an
indiscriminate attack affecting the civilian population in the
knowledge that such an attack will cause an excessive loss of life or
injury to civilians.” A UN weapons commission described cluster bombs
as “weapons of indiscriminate effects.” A reporter for The Mirror
(United Kingdom) wrote from a hospital in Hillah, “Among the 168
patients I counted, not one was being treated for bullet wounds. All
of them, men, women, children, bore the wounds of bomb shrapnel. It
peppered their bodies. Blackened their skin. Smashed heads. Tore
limbs. A doctor reported that ‘All the injuries you see were caused
by cluster bombs’…The majority of the victims were children who
died because they were outside.”

The third set of questions has to do with the torture and abuse of
prisoners in U.S. custody. This has been a huge but unresolved issue
since it was first indelibly engraved in the public mind by the
photos from Abu Ghraib prison. Cascading disclosures have revealed
that torture and other forms of prisoner abuse have been endemic not
only in Iraq but in Afghanistan, Guantanamo, and many other U.S.
operations around the world.

facing the implications

The possibility that high U.S. officials may be guilty of war crimes
and may be preparing to commit more raises questions that few
Americans have yet faced. These questions go far beyond technical
legal matters to the broadest concerns of international security,
democratic government, morality, and personal responsibility. Part IV
presents perspectives from a variety of disciplines and political
viewpoints designed to help us address those questions.

The UN Charter, the Geneva Conventions, and the principles of
international law, while all too often violated, have provided some
basis for international peace and security. What is the likely result
of following the advice of the Bush administration’s John Bolton that
it is “a big mistake for us to grant any validity to international
law”? Is it likely to be greater freedom and security, or an unending
war of all against all? Are the American people-not to mention the
people of the world-ready to abandon the international rule of law
and return to what Justice Jackson called “a system of international
lawlessness”?

resisters

Some of the most difficult issues are faced by those in the military
and the government who may be directly complicit in war crimes. Some
have said no to participation in the war in Iraq and the cover-up of
related criminal activity.

Specialist Jeremy Hinzman of Rapid City, South Dakota, joined the
Eighty-second Airborne as a paratrooper in 2001. He wanted a career
in the military and did a stint in Afghanistan. Then he was ordered
to Iraq. “I was told in basic training that, if I’m given an illegal
or immoral order, it is my duty to disobey it. And I feel that
invading and occupying Iraq is an illegal and immoral thing to do.”

In September 2004, Stephen Funk, a marine reservist of Filipino and
Native American origin was tried for refusing to fight in Iraq. “In
the face of this unjust war based on deception by our leaders, I
could not remain silent. In my mind that would have been true
cowardice…I spoke out so that others in the military would realize
that they also have a choice and a duty to resist immoral and
illegitimate orders.”

In December 2004, the Hispanic sailor Pablo Paredes reported to his
ship in San Diego Harbor wearing a T-shirt reading, “Like a cabinet
member, I resign.” Refusing to help take troops to Iraq, the Bronx
native said, “I don’t want to be a part of a ship that’s taking three
thousand marines over there, knowing a hundred or more of them won’t
come back…I’d rather do military prison time than six months of
dirty work for a war that I and many others do not support. War
should be an absolute last resort…Never in a million years did I
imagine we would go to war with somebody who had done nothing to us.”

halting war crimes

Under the principles established by the Nuremberg and Tokyo war
crimes tribunals, those in a position to give orders are responsible
for war crimes and crimes against humanity conducted under their
authority. But responsibility does not end there. Anyone with
knowledge of illegal activity and an opportunity to do something
about it is a potential criminal under international law unless the
person takes affirmative measures to prevent the commission of the
crimes.

Crimes are ordinarily dealt with by the institutions of law
enforcement. But those institutions are largely in the hands of
people who may be complicit in the very crimes that need to be
investigated. Can they be held accountable? Or can war criminals
forever act with impunity?

The problem of a government that is ostensibly democratically elected
but that defies actual accountability is one that citizens in many
countries have faced at one time or another. We can take inspiration
from the way citizens from Serbia to the Philippines and from Chile
to Ukraine have utilized “people power” to block illegal action and
force accountability on their leaders. We can similarly take
inspiration from resistance to illegitimate authority in our own
country from the American Revolution to the Watergate investigations
that ultimately brought the Nixon administration to account for its
criminal abuse of power.

in the name of democracy

If war crimes are being committed, they are being committed in the
name of democracy. Their ostensible purpose is to extend democracy
throughout the world. They are committed by a country that proudly
proclaims itself the world’s greatest democracy.
Such acts in Iraq and elsewhere represent, on the contrary, the
subversion of democracy. They reflect the imposition by violence and
brutality of a rule that is not freely chosen. Such acts also
represent a subversion of democracy at home. They represent a
presidency that has denied all accountability to Congress, courts, or
international institutions. As Elizabeth Holtzman puts it: “The claim
that the President…is above the law strikes at the very heart of
our democracy. It was the centerpiece of President Richard Nixon’s
defense in Watergate-a defense that was rejected by the courts and
lay at the foundation of the articles of impeachment voted against
him by the House Judiciary Committee.” It denies the constitutional
constraints that have made the United States a government under law.
It subverts democracy in the name of democracy.

War crimes represent the defiance not only of international but also
of U.S. law. The effort to halt them is at once a movement for peace
and a struggle for democracy.

Civil Compassion?

Three Earthquakes, A Genocide, Three Invasions And A World War
by Aseem Shrivastava November 04, 2005

Civilization is on a mission from God to free the world from the
evil of tyranny and bring democracy and human rights to all peoples
of the planet. Presumably, there is human concern and compassion
behind such a quest, more grand than any conceived in the long and
glorious past of humanity. It is worth contemplating however, the
shape in which this compassion appears. If the early signs in the
twenty-first century are anything to go by, the coming decades look
devastatingly ominous. Let us look at some examples.

Consider this. Four years ago, in October 2001, Western civilization
thought nothing of starving over 7 million poor innocents (themselves
victims of the Islamic fundamentalists) in Afghanistan in order to
exact revenge for 9/11 (and for failed oil negotiations) on the
Taliban. These people relied on food delivered by aid agencies who
were ordered to suspend operations by Washington in order to put
their delivery vehicles out of the line of fire and make the bombing
possible. At the time, Noam Chomsky described what was beginning to
happen as a “silent genocide”, for which the West and its democratic
citizens were morally responsible. Fortunately the bombing campaign
ended soon enough, food deliveries could be restored quickly and
Western societies and their governments were relieved of a
potentially colossal “embarrasment” (though the faithful corporate
media would have ensured that nothing was heard about any genocide
this side of the Suez). Fortunately, compassion did not come into
question (except of course in the case of about 4000 civilian deaths,
caused by US bombing).

In March 2003 the US, the UK and their string of credulous cronies
launched the morally unconscionable and legally criminal invasion of
Iraq on false pretexts, putting at the mercy of their dreadful “Shock
and Awe” campaign the lives of millions of people who had already
suffered for well over a decade the effect of the murderous UN
sanctions which had led to the deaths of a million people, half of
them children (according to UNICEF). This habit of civilization,
whereby it employs starvation as a means of warfare has hardly ended
in Iraq. BBC reports UN human rights investigator, Jean Ziegler, as
having accused the US and British forces in Iraq of breaching
international law by depriving civilians of food and water in
besieged cities. “A drama is taking place in total silence in Iraq,
where the coalition’s occupying forces are using hunger and
deprivation of water as a weapon of war against the civilian
population,” Ziegler told a news briefing in Geneva a few days ago.

Since the war on terrorism was launched by Washington, 49 months of
the most hectic manhunt in history by the most powerful and wealthy
state known to man have not yielded Osama Bin Laden (something that
truly makes one wonder whether there was ever a clear intention to
get him in the first place!). Meanwhile, taking both the Iraq and
Afghanistan campaigns into account, somewhere between 110,000 and
130,000 people (we cannot know exactly how many since it appears,
after Katrina, that Washington barely keeps track even of its own
dead), who had nothing to do with terrorism have been killed,
hundreds of thousands have been wounded or maimed for life and the
everyday lives of 50 million people subjected to hardship and
hoplessness. As has been said repeatedly by commentators across the
political spectrum, this has led predictably to an exacerbation,
rather than an alleviation, of terrorism.

Compassion?

Iraq had been named in Bush’s “Axis of Evil” speech in January, 2002.
So had been Iran. Since the time when the first phase of the war on
Iraq had been completed, Iran has repeatedly been brought up as
Washington’s next target, once again on grounds as suspect as those
on which the Iraq invasion was launched. After getting promising
support from IAEA members, the US Secretary of State Condoleeza Rice
has recently been jetting around the world trying to convince global
powers why an invasion of Iran is necessary to make the rogue state
behave itself in nuclear matters.

The Western media has made the world forget that Iran suffered a
massive earthquake in December, 2003. Over 25,000 people died and
hundreds of thousands were rendered homeless. Six months later there
was another major earthquake which led to the loss of almost a
thousand human lives. None of this, however, has prevented the West
from seriously contemplating “action” against Iran. Britain, France
and Germany have all succumbed to Washington in applying pressure on
a country that has suffered natural disasters so recently, other than
having to bear the burden of economic sanctions led by the US.

In October 2005 it has been Pakistan’s turn to endure nature’s cruel
fury. In the recent earthquake over 50,000 people have died and at
least 2 million rendered homeless. There was an urgent request made
to rich countries by President Musharraf for helicopters to deliver
relief and supplies to Kashmir. The US could only spare eight from
their obviously more important operations in Afghanistan. Britain
could spare none. (Only some minibuses were sent!) Aid pledges made
by both governments are embarrasingly insignificant and are exceeded
by private collections which are already being sent.

Meanwhile, just yesterday (October 17), The Independent reported that
Tony Blair has ordered a new generation of nuclear weapons to replace
the existing Trident fleet at a cost of billions of pounds. Blair had
also made a peace-making visit to India and Pakistan a few years back
(just before the two countries had engaged in the Kargil conflict in
Kashmir) and returned after selling over a billion pounds of weapons
to both sides (an old empire tradition, welcomed by ruling elites in
the poor countries, and good for the world economy).

Did compassion guide the deals?

Finally, take the case of Darfurs in Sudan, where the ruling Islamic
fundamentalists have been busy overseeing a genocide in which upto
half a million black African farmers and their families might have
already been killed over the past two years in order to clear their
farming land for drilling oil and setting up pipelines. British,
Chinese, Indian and Japanese oil companies are already in the fray.
US companies want their share of the booty, though a law passed under
Clinton (remember he ordered the bombing of the pharmaceutical
factory in 1998) prohibits trade with Sudan. This situation is
changing since Condoleeza Rice took over the office of Secretary of
State this year and US oil companies are beginning to do business in
Sudan. So, even if Rice’s predecessor, Colin Powell (under pressure
from Christian and African-American groups in the US) had designated
what has been happening in Darfurs as a “genocide”, no military
intevention has been forthcoming from the Western powers (just like
in Rwanda) to stop it. Compassion somehow always gives way to oil
pressure!

As their leaders scrape the depleted barrels of their humanity,
citizens of democratic societies in the West urgently need to ask
themselves why they tolerate such open hypocrisies from their elected
representatives. At present it is mostly the inhabitants of poor
countries who pay the price for these mass-deceits. But the time is
hardly far when citizens of Western democracies will be footing
increasing portions of the bill too. In fact, this is already
happening, if one takes into reckoning the growing burden of war
taxes, lives lost to war and terrorism, the pressure of immigrants
from regions of the world impacted by war, poverty and tyranny, a
rapid erosion of democratic rights (in the form, among other things,
of anti-terror legislation and the muzzled media, not to speak of the
various forms of thought control exercised on and within the academy)
and, not the least important, the corrosion of the moral sense which,
two world wars notwithstanding, has thus far sustained these
societies in the past.

It is a matter of unspeakable astonishment that when so much stands
to be lost in the West, most people are numbly going about their
daily business, not paying much heed to the happenings of the world.
The alternative to a serious internal reckoning by the West is the
mounting nihilism and narcissism of consumer society which, in a
world as interconnected as ours (in which, for instance, the
availability of products ranging from lipsticks to Jaguars relies on
an on-going supply of cheap oil and resources from other countries)
is not merely solipsistic thoughtlessness about the sufferings that
billions go through in order for the posh and privileged to go on
with their indulgent ways. It is ultimately a recipe for catastrophe.
This is no time for compassion fatigue. Even vaguely enlightened self-
interest should suggest large-scale collective action to re-
democratize the democracies.

Nobel-prize winning Indian poet Rabindranath Tagore had written in
1916, in the midst of World War I: “the West must not make herself a
curse to the world by using her power for her own selfish needs.”
However, he also wrote that “in the so-called free countries the
majority of the people are not free, they are driven by the minority
to a goal which is not even known to them.” By the time he was on his
death-bed in 1940, in the midst of World War II, more evidence had
appeared of the declining human condition in the West. Tagore then
wrote that “the failure of humanity in the West to preserve the worth
of their civilization and the dignity of man which they had taken
centuries to build up, weighs like a nightmare on my mind.” The
holocaust in Germany and the bombs dropped on Hiroshima and Nagasaki,
fours years after Tagore’s death, made the nightmare visible to the
world.

If the US instigates an invasion of Iran – either by using a staged
attack on Israel as a trigger or by blaming Iran for its self-created
mounting mess in Iraq or by simply aiming to stall its nuclear
programme, and all, in the end, only to regain control over Iran’s
oilfields that the 1979 revolution took away – then all bets are off.
Whether the world stands or falls after that is anyone’s guess.

Of one thing one can be sure. They who claim the guardianship of
civilization today are its worst traitors and can know nothing about
compassion. For that they have to achieve the impossible feat of
humbling themselves to the level of those two school-teachers in
Muzaffarabad, Kashmir who, when the earth below them was trembling
with rage ten days ago, stood in the way of a falling wall and
sacrificed their lives to save the many children who would otherwise
all be dead today.

Aseem Shrivastava is a free-lance writer. He can be reached at
aseem62@….

Judging the Indian Judges – citizens of india vs supreme court of india
Crimes Chief Justice of Supreme Court Of India , Union Home Secretary
& Director-General of Police for Karnataka – RTI Act violations ,
constitutional rights & Human rights violations

The above stated public servants have failed to provide full
information to us ie HRW as per RTI Act , thereby covering up the
criminals. The requested informations were no state secrets , no
defense secrets but the accountability of above stated public offices.
The information was requested for public welfare , to secure
equitable justice to public , to stop corrupt practices in public
service , in exercise of my FUNDAMENTAL DUTY as a citizen of India.
However the above stated public servants preferred to violate law
themselves & to protect the criminals.

The public servants & the government must be role models in law
abiding acts , for others to emulate & follow. if a student makes a
mistake it is excusable & can be corrected by the teacher. if the
teacher himself makes a mistake , all his students will do the same
mistake. if a thief steals , he can be caught , legally punished &
reformed . if a police himself commits crime , many thieves go
scot-free under his patronage. even if a police , public servant
commits a crime , he can be legally prosecuted & justice can be sought
by the aggrieved.

just think , if a judge himself that too of apex court of the land
itself commits crime – violations of RTI Act , constitutional rights &
human rights of public and obstructs the public from performing their
constitutional fundamental duties , what happens ?

it gives a booster dose to the rich & mighty , those in power ,
criminals in public service to commit more crimes. that is exactly
what is happening in india. the educated public must raise to the
occasion & peacefully , democratically must oppose this
criminalization of judiciary , public service. then alone , we can
build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

Our motherland India & our democracy faces greater threat to it’s
unity , integrity , national security , economy , from our internal
enemies – corrupt public servants.

In India no constitutional authority is supreme or unaccountable.
Citizens of India are supreme an every constitutional authority is
accountable to them. Here with whole hearted respects to all
constitutional authorities , we request the honourable chief justice
of India to study all articles in this news paper in detail & to
answer all questions in public. Questionnaire is available at

http://judgingindianjudges.rediffblogs.com/ ,
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,

edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA��. cell :09341820313
home page: http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com
a member of AMNESTY INTERNATIONAL INDIA

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September 1, 2008

Court Judgements / Govt Rules For Sale

Filed under: dalit human rights — Tags: india — nagmysr @ 3:23 pm

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dalit

e – Clarion Of Dalit - monthly newspaper on web

working for the rights & survival of the oppressed

editor: NAGARAJ.M.R………VOL.2 issue. 09…………..07 / 09 / 2008

Editorial : COURT JUDGEMENTS FOR SALE & PARLIAMENTARY ACTS /
GOVERNMENT NOTIFICATIONS FOR SALE IN INDIA ?

In India criminalization of police , politics , judiciary , bar &
public service has taken place . the corruption is rampant , in their
greed for money public servants are auctioning off their official
duties. These corrupt public servants are violating the
CONSTITUTIONALLY GUARANTEED FUNDAMENTAL / HUMAN RIGHTS OF CITIZENS OF
INDIA & are also obstructing the citizens from performing their
FUNDAMENTAL DUTIES AS PRESCRIBED BY CONSTITUTION OF INDIA.
Take for instance , our publication has made numerous public appeals
to authorities for justice , concerning public welfare , no justice in
sight till date. We have made a police complaint to the honourable
director general of police on 10-12-2004 in a press meet at Mysore
journalist's association , no action was taken . however when I
demanded information under RTI act about this issue in mid 2007 , the
police authorities gave me half truth to cover-up their inaction. I do
once again hereby demand the honourable DGP of Karnataka , to initiate
action based on my complaint dated 10-12-2004 & also request the
appropriate auhorities to provide justice in all other cases raised by
our publication . Hereby , I do once again offer my CONDITIONAL
SERVICES to the government in apprehending tax thieves & corrupt
public servants , anti-nationals , are you ready ?
Recently , during no confidence motion against the present
government of India headed by prime minister shri.Manmohan singh , we
have seen the allegations by some members of parliament that they were
offered crores of rupees & more just to support the present
government. From where political parties get such huge money to
finance these activities , from big corporates by way of black money.
What is the benefit for these corporates ? they invest few crores to
bribe public servants , lobby for favourable parliamentary acts /
government rules . after the enactment of favourable government rules
, they reap in profits to the tune of crores of rupees. To top it up ,
various violations of law by these corporates are swept under the
carpet by authorities.
Take for instance , the recent government rule with respect to
allotment of 3G SPECTRUM to mobile telephone service providers & the
financial incentives to domestic manufacturers of petroleum products,
all of which benefits a few corporates but in turn drains our
exchequer by thousands of crores of rupees.
We do have highest respect for our judiciary , parliament & all
public servants. But we don't have respect for the corrupt , we
despise the corrupt – the corrupt are parasites of our society , they
take oath as public servants to serve people , they take huge salary &
perks from the government , where as they ultimately serve the rich
criminals who give them bribe. Public respect cann't be forcibly
taken by showing them the dagger of privilege of contempt motion . if
the public servant is honest , of impeccable integrity , works for
public welfare , naturally public will show respect to him.
This is an appeal to honest few in public service – judiciary ,
politics , police , bar & public service , to catch their corrupt
colleagues. Thank you. JAI HIND . VANDE MATARAM.
Your's sincerely,
Nagaraj.M.R.

CAN JUDGEMENT BE MANIPULATED IN INDIAN COURTS OF JUSTICE ? - WHY NOT PRISON SENTENCE FOR GUILTY SUPREME COURT ADVOCATES ?
New Delhi, August 21 The Delhi High Court imposed a four-month ban on
senior advocate R K Anand and colleague I U Khan on Thursday for
interfering with judicial proceedings in the high-profile BMW
hit-and-run case. A fine of Rs 2,000 was levied as well.
On May 30, 2007, television channel NDTV caught both lawyers in a
"sting" operation, conniving with key prosecution witness Suniel
Kulkarni to get main accused Sanjeev Nanda off the hook.
A High Court Bench comprising Justices Madan B Lokur and Manmohan
Sarin found the two guilty of criminal contempt.
"The entire material leaves a bitter taste in the mouth about the
goings-on in the BMW case. There is no manner of doubt whatsoever that
there was complicity between Mr Khan and Mr Anand... There can be
absolutely no doubt that Mr Khan and Mr Anand were, somehow or the
other, more than mixed up in the BMW case," observed the court, which
had taken suo motu cognizance of the expose the day after it was aired.
"Mr Anand and Mr Khan are prohibited from appearing in this court
(Delhi High Court) or courts subordinate to it for four months from
today. However, they are free to discharge their professional duties
in terms of consultation, advice, conferences, opinions, etc," said
the Bench.
The court desisted from commenting on the conduct of Kulkarni, saying
it would not be "proper" to do so.
Though the verdict comes solely on basis of the CDs and transcripts of
the sting operation, the Bench said, "the unshakeable truth is that Mr
Anand is guilty of criminal contempt of court".
Contemplating a fit punishment, the Bench wondered how many in the
legal fraternity had had been taken by surprise to find Anand
indulging in such "sharp practices". "Mr Anand has held many
prestigious elective positions in the legal fraternity, including the
Bar Council of Delhi. He has also been a Member of the Rajya Sabha,"
noted the Bench.
The court said it knew Khan for his legal acumen and forensic skills —
"perhaps the reason why he was appointed Special Public Prosecutor in
the BMW case". High expectations over Khan fell apart when his conduct
"betrayed the trust that prosecution reposed in him... what he did was
perhaps beyond the realm of contemplation of the prosecuting agency".
Chastising the two for their misconduct, the Bench said: "We are not
dealing with a young lawyer who, driven by ambition and desire...
transgresses the limits or unwittingly or unknowingly commits criminal
contempt. We are dealing with senior advocates, who are expected to
conduct themselves as gentlemen and role models for younger members of
the Bar."
The court forwarded a recommendation that the two be "stripped of
their designations as senior advocates". The High Court Registrar
General will put up the court's recommendation before Chief Justice AP
Shah within a month.
In response to the verdict, the Delhi Bar Association president,
advocate Rajiv Khosla, said about 20,000 lawyers from district courts
were going on strike on August 22 in protest.
R K Anand
Began legal career in Delhi's Tis Hazari Court as a civil lawyer in
1967. Appointed government counsel in 1976. In 2000, JMM nominated him
to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly
polls in Himachal Pradesh in February 2003.
High-profile cases:
* In 1980, represented the late Indira Gandhi in a property litigation
filed by Maneka Gandhi after Sanjay Gandhi's death
* Narasimha Rao in the JMM bribery and the St Kitts case
* Chandraswami in the FERA violation case
* H K L Bhagat in the 1984 anti-Sikh riots case
* Former external affairs minister Natwar Singh's son Jagat Singh in
the murder/suicide of his wife Natasha Singh
I U Khan
One of the top five criminal lawyers in Capital. He was charging a fee
of only Re 1 in the BMW case. Began his career in late 1960s, and came
intio spotlight in 1980s.
* Defended Sushil Sharma in the tandoor murder case, Subash Gupta in
the Personal Point triple murder, former Youth Congress President
Romesh Sharma in several cases and Tony Gill in Jessica Lall murder case
When prosecution & defence lawyer together team up along with corrupt
police / public servants and manipulate evidences / records , the
court is helpless and will acquit the accussed for lack of evidences
eventhough the presiding judge is of impeccable integrity , honesty ,
he is help less. Add to this , if the presiding judge happens to be
corrupt & teams up with the criminal nexus , the result is devastating
, the rich criminal will get away & the innocent will suffer
punishment in some cases even death sentence.
Who will bell these few corrupt among the judiciary , bar , police &
public service ? why not prison sentence for two leading advocates
on criminal charges of contempt of court , destruction of evidences ?
are they above law ? why favouritism by court to the guilty in
awarding punishment to guilty two advocates as they happen to be
political influential ? will the court let a common man so leniently
for the same charges ? In the past cases dealt by these corrupt duo
advocates , there are possibilities that the same tactics of
manipulation of evidences , prosecution is done to win the cases , to
free the rich criminals , why not review of the cases dealt by these
corrupt advocates ?
The honest few among judiciary , bar , police & public service must
uphold our constitution , rule of law & bring to book their corrupt
colleagues. JAI HIND. VANDE MATARAM.
Your's sincerely,
Nagaraj.m.r.

CASH FOR JUDGEMENT

Chandigarh, August 22: Punjab and Haryana High Court Judge Nirmal
Yadav who has gone on leave after her name is said to have figured in
the statements of the main accused in the case involving the delivery
of cash at another High Court Judge's house, said today that she was a
"victim of a vilification campaign."
Speaking to The Indian Express at her Sector 24 residence here today,
Justice Yadav said that "some influential persons were trying to shift
the focus on her to save the real accused."
Justice Yadav denied that former Haryana Additional Advocate General
Sanjeev Bansal had talked to her on phone on August 13 when Bansal's
clerk "mistakenly" delivered a bag containing Rs 15 lakh to the
residence of Justice Nirmaljit Kaur, another sitting Judge of the High
Court.
"Let any agency prove that I talked to Sanjeev Bansal on phone either
on that day or any day in the past one month," Justice Yadav said. "I
am ready to face all consequences if this allegation is found true. I
have had no dealings with Bansal. I have not received any money from
Bansal or any of his associates. I am sure I will get justice."
Justice Yadav said she had explained her position to High Court Chief
Justice T S Thakur and had "proceeded on leave." She said she would
not hear any case until her name is cleared.
Sources close to her said that during her meeting with Justice Thakur
yesterday evening, in which some other senior judges were also
present, Justice Yadav offered to proceed on leave to "maintain the
highest traditions of Indian judiciary." Justice Thakur told The
Indian Express that he had not asked Justice Yadav to proceed on leave
and that it was her own decision.
It is learnt that in her meeting with Justice Thakur, Yadav vehemently
denied any role in the entire role.
While acknowledging that she and some other members of her family had
bought a plot of 11.1 bighas of land (see accompanying story) at
village Rihun Pargana near Kumharhatti in Solan district of Himachal
Pradesh on August 14, Yadav is learnt to have denied that the money
for purchasing the land came from Bansal or Ravinder Singh, the Delhi
businessman, who is also named in the case.
"Can't a judge buy legal property? Let the police or any other
investigating agency prove that the money for the deal was provided by
Bansal or Singh," she is learnt to have told the Chief Justice. But
she is learnt to have acknowledged, in her meeting with the Chief
Justcie, that she knew Ravinder Singh. She is learnt to have said that
she came to know him through some other judges.
Meanwhile, highly placed sources in the High Court confirmed that
Chief Justice Thakur is awaiting the return of Chief Justice of India
KG Balakrishnan from Brazil to apprise him of the developments in the
case. The Chief Justice is learnt to have asked the administrative
committee, comprising senior judges, to monitor the case on a daily
basis.
The Rs 15-lakh delivery: Story So Far
•August 13: Parkash Ram, an assistant to Haryana's Additional Advocate
General Sanjeev Bansal, delivers a parcel containing Rs 15 lakh at the
residence of Justice Nirmaljit Kaur of the Punjab and Haryana High
Court. Justice Kaur calls the police.
•Rajeev Gupta, Bansal's friend and a property dealer, tells the police
that the money reached there by mistake and it was meant for Nirmal
Singh, another property dealer. Chandigarh Police decline to hand over
the cash. Bansal is questioned
•August 16: A case is registered against Bansal, Parkash Ram and
Delhi-based hotelier Ravinder Singh who allegedly organised the money
•Bansal resigns as Addl AG and surrenders on August 19
•August 21: Rajeev Gupta, the property dealer who claimed the money
was meant for Nirmal Singh, is arrested. The Inspector General of
Police sends a report to the Chief Justice of Punjab and Haryana High
Court. The report says that the money was meant for another judge.
•August 22: Justice Nirmal Yadav proceeds on leave
Caught in controversy is Solan plot that judge, 16 others purchased
CHANDIGARH, SOLAN, August 22: On August 14, according to revenue
records, a plot measuring 11.1 bighas in Solan was purchased by
Justice Nirmal Yadav and others for Rs 5, 52, 500. Details of the
transaction, obtained by The Indian Express, show that the land was
purchased by her and 16 others from six persons, all residents of
village Rihun Pargana, near Kumharhatti in the Solan district of
Himachal Pradesh.
This purchase is said to have figured in the meeting between Justice
Yadav and the High Court Chief Justice yesterday. Justice Yadav is
said to have told the Chief Justice: "Can't a judge buy legal
property? Let the police or any other investigating agency prove that
the money for the deal was provided by (Sanjeev) Bansal or Ravinder
Singh."
The purchasers and sellers obtained permission from the Himachal
Pradesh Government under Section 118 of the Himachal Pradesh Tenancy
Act. Solan Naib Tehsildar N S Chauhan has confirmed on record that
that the deal had been registered as per the details we have.
The land was sold by residents of village including Baldev; Narinder
Kumar; Surinder Kumar; Rajinder Kumar; Bimla Devi and Amar Singh. The
sellers have given a General Power of Attorney to Surinder Kumar (one
of the partners among the sellers), who executed a sale agreement in
favour of the buyers.
Those named as purchasers (partners) in the land deal include Suruchi,
a resident of House no. 3, Sector 14, Gurgaon; Trisha Chaudhary; Ram
Niwas; Rajender Yadav; Chiranjeev; Latika; Deepak; Sunita; Vivek;
Capt. NT Puri; Devinder Singh; Shakuntla; Kuldip Singh Yadav; Ajay
Yadav; Sushank Puri; Mohit (all residents of house no. 1111, Sector
11, Panchkula) and Punjab and Haryana High Court Justice Nirmal Yadav.

Three booked in judge bribery case
Haryana Addl Advocate General among booked

Chandigarh, August 16: Three persons, including Additional Advocate
General of Haryana Sanjeev Bansal, were on Saturday booked for an
attempt to bribe a Punjab and Haryana High Court Judge.
The other two are Bansal's munshi Parkash, who had carried Rs 15 lakh
to the residence of High Court judge Nirmaljit Kaur on Wednesday
night, and Ravinder Singh, a Delhi-based businessman who has a hotel
in Karol Bagh.
The munshi was taken into custody while a police party has been
despatched to Delhi to nab Singh.
Assistant Superintendent of Police Madhur Verma said the amount was
supposed to be handed over to some other public servant but was
mistakenly delivered at Kaur's house.
An FIR was lodged after Kaur complained to the police. She also
reported the matter to the Chief Justice.
Police said Singh had allegedly paid Bansal a huge amount to get
settled a criminal case pending in the High Court. The case is due to
come up for hearing on Wednesday.
Earlier, Singh had claimed the amount was pertaining to a property
deal he had struck with a resident of Panchkula. The money was
supposed to be delivered to one Nirmal Singh and was mistakenly
delivered at the judge's house.
Verma, however, said the preliminary investigation had ruled out the
possibility of the amount being related to any property deal.
"Bansal failed to give a detailed account of the cash. He produced
some papers pertaining to some property in Panchkula but that did not
carry any weight. Our investigations caught him on the wrong foot and,
therefore, we booked him along with two others under the Prevention of
Corruption Act and criminal conspiracy," he added.
Bansal has been handling several high-profile cases. He is one of the
dozen-odd Additional Advocate Generals appointed by the Haryana
Government about two years ago.
Corrupt judge in Allahabad High Court
Posted By: Rajeev
State: Uttar Pradesh District: Allahabad City: Allahabad
* Conversation with Vigilance Officer – Audio Wave File
* Conversation with Registrar General – Audio Wave File
* Letter that CBI has forwarded to Registrar General – Tif Format

If the Judges go corrupt, then it is GOD who will give one justice
when one go to heaven or hell. It is a Irony that I filed a complaint
against a District and Session Judge who later promoted to High Court
of Allahabad. I wish the God will serve HIS justice to Hon'ble Justice
Umeshware Pandey, now enjoying at High Court and selling (Mis)Justice
at Rs 100000 per page!!
Here I am elaborating what had happened. In 1994, two people name
Parashram Agarwal and Mohan Lal Agarwal wanted to grab my father's
property and in March 1994 they beat him and pulled his legs( just
imagine the pain) making him handicapped for life. Then in court those
guys were merely sentenced for 6 months in Jail, but they did not went
for the jail for single day or hour and appealed to Sessions Court and
then the corrupt Judge Umeshwar Pandey took the bribe of Rs 200000 in
Criminal Revision number 13/2000 from Parashram Agarwal and Mohan Lal.
It is a shame on Umeshwar Pandey that he cannot see a Handicapped man
suffering for last 9 years and even then not given the justice.
Umeshwar Pandey has taken this bribe via his Steno name some G. D. Gupta.
It is the habit of Parashram and MohanLal to record the conversation
while giving bribes on hidden audio recorder and the same cassette can
be recovered if the authority try. It is been 8 months since I have
informed various authorities by registered letters and phone calls
from USA for no action till date.
I have spoken to Mr Jagmohan Paliwal who was posted as Vigilance
Officer for no action till date and the recording attached is from
Sept 2002.
Similarly I have spoken with Mr. K. S. Rakhra who was posted as
Registrar General but no action till date, and the recoding shown is
from Sept 2002 too.
Even CBI has forwarded my letter to Registrar General, but no action
is taken on that one too.
I have emaild my plea to few High court Judges too for no response.
I just hope GOD is there who will give some justice. But the corrupt
Judges should stop imitating as GOD they are devil actually.
The only solution can be people make a limit. How much money a person
needs. I often think about a story that a saint refused to take the
food as he already got the food for today and he do not want to
collect for tomorrow. But I don't know why people want to generate
money for 7 generations. If a careful analysis and investigation is
done Umeshwar Pamdey has Black money worth 3 generations. I guess
instead of Lakhs and Carore now corruption should be measured in
generations.
Education is important. People need to understand the meaning of
freedom truly. IF I say boldly India is still not free. People have
mentality that they need to pay to Government officials for work. This
mentality has to be removed.
Thanks
Rajeev

HC suspends judge over corruption complaints
AHMEDABAD: The Gujarat High Court has suspended a fast track court
judge in Rajpipla after receiving several complaints of corruption and
favouritism against her.
Rajpipla fast track court Judge DL Desai was suspended on Thursday
evening after a primary inquiry held by the court's vigilance
department said that the complaints against her had substance. Further
inquiry against her will be conducted by the department. Besides the
complaint of favouritism in Rajpipla, where she was presently posted,
the Desai was also accused of similar charges and issuing certificates
without proper verification in Bharuch, where the she was discharging
her duty as a principal district judge, the High Court authorities said.
The HC administration seems to be seriously taking the issue of
corruption prevailing in Gujarat's judiciary, as Desai's is the fourth
suspension in last three months. Earlier in May, a judge in Surat's
court, AN Vinjhola was suspended after similar complaints against him.
The court administration also found him in possession of property out
of proportion considering his known sources of income. Last month, two
judges were suspended on charges of corruption. The Ahmedabad city
civil Judge NM Thakor and KV Kakkad were also suspended by the HC
after holding preliminary inquiry into complaints against them.
All the four suspended judges are now facing departmental inquiry.
Honor of Parliament for sale by few members
it is a shame that recently four members of parliament were caught red
handed on charges of human trafficking that too misusing their
official passports. We have seen in the past various crimes by M.Ps -
questions for money , kickbacks , etc. this present sorry state of
affairs is due to the caste consciousness of the electorate. The
public instead of seeing the honesty , integrity of electoral
candidates looks just at his caste , in this trend they elect persons
who belongs to their caste even though he is dishonest , untrustworthy
& a criminal . Now , the number of criminals , density of criminals (
who are masterminds in evading conviction ) is more in elected houses
of people's representatives – parliament , state assemblies ,
panchayaths , corporations , etc than in the jails , outside public
society . HRW is ready to prove this subject to conditions , in larger
public interest. Our people's representatives must learn classroom
discipline , punctuality of attendance , home work , from little kids
of primary school.
We have won the independence by the hard way , by the innumerable
sacrifices made by great martyrs like mahatma Gandhi , Nehru , bhagath
singh , etc. The criminals who have occupied constitutional positions
don't have any right to squander that hard won independence of
Indians. The disgrace , contempt to august house of people's
representatives is brought upon itself by the corrupt people's
representatives themselves.
We at HRW , have highest regards for the institution of parliament ,
this is an appeal to the honest few in the parliament to bring to book
their corrupt colleagues & to uphold the dignity of the house . JAI
HIND. VANDE MATARAM.
Your's sincerely,
NAGARAJ.M.R.
WAKE-UP ELECTION COMMISSION OF INDIA
Former chief election commissioner , mr.T.N.sheshan
brought respect to ECI by doing his duties sincerely against all
pressures . he didn't have any special powers , whatever laws were
there since 1950 ie our constitution of India came into being , he
used it in letter & spirit efficiently and upholded the sanctity of
elections. You can just imagine what his predecessors & successors
were & are doing ?
Recently , in the media we have seen reports that a 3
time member of parliament & main fund contributor of a national
political party - Mr. M.S.SUBBA is a foreigner , a nepali citizen .
how can a foreigner become a law maker of India ? we have seen media
reports of MPs & MLAs , cabinet ministers who are wanted by police
in serious crimes but absconders , not available to arrest as per
police records . but they are very much present in the government &
running the show ? what a mockery of law ? recently , we have seen
reports where certain MPs extracted money to raise questions in
parliament , to sanction money under MPLAD scheme , we have seen media
reports about union communications minister mr.pramod mahajan
receiving reliance company shares to the tune of crores in return for
favourable ruling to that company . In various ways people's
representatives misuse their office for personal gains.
While joining government service in India , from peon's
job to gazetted officer's rank police inquiry / confidential
reporting about the candidate's antecedents is mandatory. In case of
sensitive departments like space , atomic energy , defence , etc,
apart from police enquiry concurrent investigation is conducted by
Intelligence Bureau , before appointing a candidate to any rank in
government service whether as peon or as officer. Whereas , in the
case of the people's representatives who get elected as MPs , MLAs ,
MLCs , etc, no investigation is conducted about their antecedents ,
the affidavits they file before ECI at the time of nomination (
eventhough full of lies ) is taken at it's face value. The ECI doesn't
bother to sincerely cross-check those affidavits . in 2004 general
elections , our publication requested for deatails about antecedents
of 4 VVIP candidates , the ECI replied that they don't have
information about them. In this way , ELECTION COMMISSION OF INDIA is
favouring the criminals to get elected as MPs , MLAs and eventually to
become cabinet ministers. When a criminal becomes a law maker , the
first thing he does is to cover-up his own crimes & that of his
cronies. In the second step he permits officials to indulge in
criminal deeds for a cut in the deal. He formulates laws which are
favourable to his rich cronies , based on those inherently flawed
criminal intentioned biased laws the courts of justice judges over
cases before it. Can a common man hope for justice , what a shame ?
The same criminals who are in constitutional offices
become privy to very sensitive informations with respect to national
security , economy , etc , it is the same criminals who decide over
the national policy matters relating to defence , economy , national
security , etc , don't that criminals sell our national security to
our enemies for a price ? are we truly safe under such leaders ?
Hereby , we urge the election commission of India to give information
as per RTI ACT with respect to following :
1. how many convicted persons , absconders as per police
records are there in present loksabha , rajya sabha & all state
legislatures as members of the house ?
2.. how many convicted persons , absconders as per police
records were there in previous loksabhas , rajya sabhas & all state
legislatures as members of the house since independence ?
3. how many foreigners , persons of foreign origin & persons
having foreigners as their spouses are there in present loksabha ,
rajyasabha & all state legislatures , as members of the house ?
4. how many foreigners , persons of foreign origin & persons
having foreigners as their spouses were there in previous loksabhas ,
rajyasabhas & all state legislatures , as members of the house since
independence ?
5. give the details like the number of charges , cases
against sitting MPs , MLAs throught India & against ex-MPs & ex-MLAs.
6. are you cross-checking , verifying the affidavits filed by
candidates at the time of nomination for elections ? how ? is it
fool-proof , then how come some criminals have entered parliament &
state legislatures as members ?
7. in some instances , when MPs or MLAs are found of some
wrong doings , they are just removed from the membership of the house
, but no criminal prosecution against such is proceeded , why ?
bottom line : still there are are honest persons in politics , in
parliament & in state legislatures striving for public welfare &
upholding the law. Our publication pays our whole hearted respects to
those honest few . However , criminalization of politics is an
acknowledged fact by vohra committee report , acknowledged by cabinet
ministers themselves & this is an appeal to the honest few MPs , MLAs
to book their corrupt colleagues.
MEGA FRAUD BY GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears waiver
+ non performing assets of banks to the tune of Rs. 200 000 crore

-       An appeal to Honourable Supreme Court of India
 
 
India has become an IT power , taken giant strides in the field of
science & technology. More & more MNCs are investing in India. However
due to our skewed , corrupt economic system , lack of accountability
on the part of corporates & public servants – a wide chasm has been
created between the ultra rich & the poor , the fruits of development
has all been usurped by the rich & mighty. This is the basic reason
for growth of black economy , growth of naxalism , terrorism &
underworld in India. As per a recent study by UN organization ,
majority of Indians ie more than 50 crore Indians are barely
sustaining on Rs.13 per day earnings , a whole family depends upon
Rs.13 , they are struggling to get just single meal per day. People
are starving to death , farmers are committing suicides , people are
selling their own children for a bag of grains. Whereas , corporate
biggies , public servants are leading luxurious lifestyles , having
big parties full of drinks , non-veg foods not at their papaa's
expense but at the expense of public exchequer , out of the tax dues ,
loan repayments cheated to the public exchequer.
The banks insist on matching collateral security even for self
employment / educational loans by poor for an amount of Rs.5000. if
the loans are not paid in time , rowdies / recovery agents are sent by
banks to collect the amount by muscle power. As a final step , banks
auction-off properties of collateral security to recover it's dues.
Even, the tax authorities mercilessly extract tax dues to the last
penny from the middle class.
The same banks, overestimate the project cost of corporates ,
overestimate the project feasibility & it's worth and coolly extend
hundreds of crores of rupees loans without matching collateral
security. The banks extend overdraft facilities without matching
collateral securities , to these corporates. When loans are not
repaid, no rowdies are sent by banks. The promoters , directors of
such tainted corporates drain – off the companies resources cunningly
through insider trading , finally making the company sick. Such
companies don't pay taxes , electricity bills , water bills , etc
properly to respective authorities. The authorities are deaf , dumb &
blind to all these actions of such corporates. At the end , banks
write-off such loans as non performing assets (NPA) & file case before
courts for recovery of dues. Even if the properties of collateral
security are auctioned-off dues cann't be fully realized. Finally
public money is swindled . ALL THIS IS POSSIBLE DUE TO THE CONNIVANCE
OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE
THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION
TO HONEST CORPORATES. How to stop this ? by making corporate
accountability ,accountability of bank , tax officials more stringent
with penal provisions . afterall , they are playing with public money
not their papa's property.
Already , by the connivance of public servants , bank , tax officials
we have witnessed many scams like harshad Mehta , ketan parekh ,
hawala , etc and more than Rs. 2000000 crore NPAs are on the books of
the banks. Now, the government of India is planning to waive-off tax
arrears of corporates to the tune of Rs.85000 crore , why ? read
vijaya Karnataka kannada daily dated 04th January 2007. just look at
this in the backdrop of "QUESTIONS FOR MONEY BY SOME MPs" and "MP
LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL". The
government is always unresponsive , careless towards the sufferings of
poor , however it is always on toes to help out corporates that too
criminal ones but not honest corporates. Why ?
HRW has extended it's services to GOI months back itself , to
apprehend tax thieves , till date there is no reply from GOI , why ?
Hereby , HRW requests the Honourable Supreme Court of India to order GOI ,
1.         to make necessary amendments to companies act , to make the
promoters , directors of the corporates personally accountable for all
their actions.
2.         to constitute committees consisting of public persons with
powers to scrutinize & verify all the actions of corporates for
insider trading like – selling products , materials , shares to their
sister concerns at discounted prices or buying products , materials ,
shares from their sister concerns at inflated prices or lending loans
at discount rates to their sister concerns or taking loans from their
sister concerns at high rate of interest or loaning materials ,
machines to their sister concerns , etc.
3.         to constitute committees consisting of public persons , to
scrutinize & verify the annual personal tax returns filed by key bank
officials & tax officials , who have amassed riches & leading
luxurious life styles much beyond the scope of their legal known
sources of income.
4.         to recover all tax dues , loan dues , etc from the
corporates from the personal properties , wealth of promoters ,
directors of such companies.
5.         to put behind bar the key bank officials who have helped
the corporates in swindling public money by overestimating project
viability , worth and by overlooking the insider trading of promoters
and still extending loans to them.
6.         to put behind bars tax officials who have helped such
corporates in swindling public money.
7.         to take all the necessary help from public like as services
extended by HRW in apprehending tax thieves.
8.         to recover & protect public money at any cost.
9.         to confiscate all money , properties possessed by directors
of such criminal corporates & properties of corrupt bank , tax
officials , public servants.

QUESTIONS FOR MONEY – PARLIAMENTARY ACTS / LEGISLATIONS FOR ???? -
improper functioning of democracy in India
 
 
the vohra committee report has proved the criminalisation of politics
in india. There are many number of criminals in the parliament & state
legislatures. Some of those criminals are cabinet ministers as well as
members of vital parliamentary committees. Thereby, they are in a
position to manipulate , enact laws favouring , benefitting the
criminals their cronies.
Just see how the GOI gave export incentive of Rs.1800 crore to
reliance petroleum although it didn't even export a barrel. Reliance
infocom & tata teleservices were CDMA mobile service providers & have
paid license fee of few crores only equal to landline fees without any
competitive bidding . They were supposed to provide mobile service to
operate like fixed phones within a radius of 40k.m. however they were
providing service like mobile service from one state to another like
GSM mobile service providers. By this act of RIC & TTSL , the GSM
providers who have paid thousands of license fee in competitive
bidding were economically hurt , the dispute went to court. The court
was on the verge of pronouncing it's verdict awarding damages worth
Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with
penalty to GOI. The government announced a unified telecom license
regime with retrospective effect. Thereby, the GOI lost thousands of
crores of rupees & the share holders of GSM players lost thousands of
crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS
RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI.
This time too, GOI bailed it out. during the dispute between ambani
brothers the younger ambani mr. Anil ambani director of reliance
himself has stated that for the favours received from the GOI , the
company gifted some shares to then IT &
COMMUNICATIONS MINISTER mr.Pramod mahajan. Various indian &
multinational companies are lootingindian exchequer to the tune of
thousands of crores of rupees , through lobbying / bribing.
 
In india, indirect democracy is the form of governance. In this form,
people's representatives are bound to raise the questions , issues
concerning their constituents on their behalf , on the floor of the
house. However the sad part in india even after 58 years of democracy
, is the lobbying is at it's peak. The lobbying is a gentleman's white
collared crook's way of forming favour seeker's group , creating a
corpus to pay lumpsum bribe & influencing decision making. The
people's representatives are bound to represent their people first ,
then their party & party think tanks. India has come to this sorry
state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers.
 
Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in
karnataka state. He is a MBA graduate & member of ruling indian
progressive party. The multinational giant M/S GREY HOUND CORPORATION
wants to enter into paper manufacturing business in india. It's sight
falls on the public sector paper giant mandya national paper mills (
MNPM) in mandya district of karnataka. The MNC effectively lobbies
with the government. The ruling party think tank & the cabinet
advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full
power point presentation stating that it is good for the company as
well as the government. The lobbyists follows it up with media reports
on the positive aspect of strategic disinvestment. A favourable
impression is created in the minds of literate public. The cabinet
committee okays it.
 
The " strategic dis investment issue " comes before the parliament for
legislation / approval. The ruling party issues a party whip to it's
members to vote in favour of dis investment. However M.P mr.raj gandhi
who is an MBA in his own wisdom also favours the dis investment.
However ,most importantly the constituents – people in mandya
parliamentary constituency through protest marches , mass post card
campaigns lakhs in numbers expresses their disagreement with the dis
investment & urges their MP mr.gandhi to vote against the
disinvestment legislation.
 
On the D-day in parliament , mr. Raj gandhi as per his party whip &
his own wisdom votes in favour of strategic disinvestment legislation,
much against the wishes of his people , constituents & mis represents
them in parliament. the democracy has failed here. in This way
democracy is being derailed since 58 years in india. In democracy,
party whip , MP or MLA's own wisdom / brilliance, think tank & IAS
lobby recommendations are all secondary , the constituent's of his
constituency , people's wishes aspirations are of primary importance &
supreme. What people need is a honest representative, whosimply
delivers the people's aspirations on the floor of the house back &
forth , without superimposing it with his own ideas & party ideas. For
true democracy , the people's representatives must be true postmans.
 
Towards this end , the people must be educated about their democratic
rights & responsibilities. This is an appeal to the honest few in the
parliament & state legislatures to weed out their corrupt colleagues ,
lobbyists, to uphold the dignity of the house & to install democracy
in it's true form.
 
 
V.V.I.Ps in Government Of India backstabbing indian soldiers
- An appeal to supreme commander of indian armed forces H.E.PRESIDENT
OF INDIA & request for information as per RTI Act
 
 

 
Our indian armed forces is one of the best professional forces in the
world. They are guarding our borders on 365*24*7 basis , enabling we
the common indian people to live in peace. Where as , the soldiers
themselves are facing lot of hardships ,they are far removed from
their homely comforts and working in very adverse , hostile environs.
The indian soldiers are sacrificing their comforts , lives for
guarding the lives of us –crores of indians. However , now it seems
the threat to the lives of brave indian soldiers are not from the
pakistani or chinese bullets , it is from their own indian brother's.
 
In the recent past , a joint director of RAW – an intelligence agency
defected to USA , there were repeated thefts at defense HQ , war room
leak at naval HQ, the senior most naval officers were kicked out of
office for speaking out about illegal defense deals by higher-ups.
Recently, former union minister mr.jaswant singh has stated that , a
very highly placed person in the PMO was passing nuclear secrets to
USA. Just a few years back , former union minister mr. Subramaniam
swamy has stated that former prime minister rajiv gandhi's family has
received money from foreign intelligence agencies. A former KGB
officer mitrokhin , in his autobiography has stated that smt.indira
gandhi , former prime minister of india herself was a KGB agent.
 
VVIPs occupying constitutional positions are privy to defense ,
national & economic secrets. They are in a sound position to decide
over it , to manipulate it. Some VVIPs , film stars were hobnobbing
openly with terrorist leaders , underworld dons & attending dawood
ibrahim's parties , etc in gulf countries. Some VVIPs have even aided
terrorist outfits in other sovereign countries like LTTE in srilanka.
 
VVIPs strikes deals with arms dealers & awards them defense contracts.
As a result indian forces are flush with technologically obsolete
aeroplanes , war ships , artillery , etc bought by paying crores of
dollars.
 
If any defense personnel questions these actions , he is
court-martialled & put behind bars. If any ordinary citizens questions
them , he is silenced through the brute force of police. Even election
commission of india , didn't give information about criminal
antecedents of certain VVIP candidates tom an indian citizen on
request. The courts have suo motto powers to take action on news
reports , but they have not taken any even on appeal. The police don't
take action against such VVIPs & are not even registering complaints
against them. Most public servants are only bothered about their
position , favours , post-retirement postings , etc. In their scope of
things , national security is nowhere on their mind or actions.
 
On the public side , the same VVIPs condemn terrorism & other foreign
countries. They deploy indian soldiers on the borders , terrorist
infected areas , to contain the mafia . they send our soldiers with
3rd class arms & ammunition , riding 3rd class aeroplanes , ships &
artillery to contain violence , as a result our soldiers get killed
like flees , like sitting ducks to be shot at, by enemies who are
armed with latest weapons. As a result more number of soldiers are
dying in plane crashes , terrorist bullets than to pakistani or
chinese bullets.
 
Hereby , HRW appeals to your excellency to protect our brave soldiers
, by making public the following information & providing that
information to HRW as per RTI Act on the following questions :
 
1. how GOI is monitoring VVIPs of foreign origin , those with spouses
of foreign origin & those with ties , links to foreign nationals ?
2. how GOI is monitoring the activities of VVIPs , while on foreign tour ?
3. how GOI is monitoring activities of ex-VVIPs ?
4. how transparent are defense contract / tender procedures ?
5. how you protect whistle blowers / defense personnel who expose
illegal defense deals ?
6. why don't the Election Commission of India fully make public the
criminal antecedents of VVIP candidates ?
7. is former union minister mr.jaswanth singh's words true ? what
action ?
8. is former union minister mr.subramaniam swamy's words true ? what
action ?
9. did GOI aid & sponsor LTTE terrorists in srilanka ?
10. did GOI pay any compensation to victim's of LTTE's terrorism ?
11. are the charges made by former admiral mr.bhagawath & rear-admiral
mr. Arun true ? what action ?
12. how many MPs , MLAs , VVIPs have links with underworld , mafia &
terrorist outfits ?
13. how many film stars , sportsmen , politicians have attended the
parties hosted by dawood ibrahim & others in gulf & else where ? what
action ?
14. are the statements made by former KGB officer mr.mitrokhin true ?
what action ?
15. how you are ensuring the safety of whistleblowers ?
 
god save my country , our brave soldiers from traitors in the garb of
VVIPs.

 
FINANCE SCAMS IN INDIA & 5-STAR LEADERS WITH BEGGING BOWL

In " mysooru mithra" a kannada daily dated 15/06/2005, the
editor has written about a copy of the complaint made by Transparency
International India-Bangalore to central vigilance commission of
india.
In indian banks , there is a strange practice that whenever
a cheque is put before the clearing house by a bank, the clearing
house sends that cheque to the service branch of bank paying. The
service branch then sends that cheque to the appropriate bank branch
for deduction of cash from the cheque account. In this travel , if
the cheque is lost or misplaced midway, the service branch pays out
of it's suspense account to the cash collecting bank. Logically,
afterwards the service branch must initiate a thorough inquiry, get
authentication from both persons one who gave cheque & other who
collected cheque. Finally, the money must be transferred from the
account of cheque giver to the suspense account.
However , upto 1997 two branches of state bank of india in
bangalore & overseas branch sufferred from frequent loss of cheques
totally amounting to RUPEES THREE THOUSAND TWO HUNDRED CRORE. In all
cases of cheque loss the bank has paid out of suspense account,
totally amounting to Rs.3200 crore. However the bank has not
initiated any enquiry to recover that amount from the cheque givers.
In the 1997 internal audit report of the bank itself , this has been
clearly pointed out. Till date, even the central vigilance commission
has not initiated any action about it. A member of central vigilance
commission happens to be ex-chairman of state bank of india.
It is just an instance of two branches of SBI, what about
hundreds of branches of SBI, what about thousands of branches of
other public sector,private sector & co-operative banks. It is
fraud,fraud,fraud all the way. Few months back to cover-up the crimes
of global trust bank ( GTB) , it was taken over by oriental bank of
commerce ( OBC).
While sanctioning a loan of just Rs.10000 to a common
man , he has to comply with lengthy legalities. If he defaults,
bankers breath down his neck, bankers send rowdies in the form of
recovery agents to humiliate the common man & his properties are
auctioned-off, finally all dues to the last penny are recovered. In
most of the cases bankers even force the defaulters to committ
suicide. However influential persons easily gets loans amounting to
hundreds of crores of rupees, coolly defaults, siphons-off the funds
& shuts his shop. No recovery at all , just it becomes a non-
performing asset (NPA) in the bank ledger. The total NPAs of all
public sector banks is more than Rs.80000 crore. This burden is spead
over the crores of hapless indians.
The government takes pride in murdering forest brigand
veerappan. The ill-gotten wealth of veerappan is not even pea nuts
before this huge amount. Remember past finance scams – MS SHOES,
HAWALA, HARSHAD MEHTA SHARE SCAM, KETAN PAREKH SHARE SCAM, UTI, etc.
totally in all these scams billions of dollars of public money have
gone to the coffers of criminals. These scamsters put veerappan to
shame in their turnover. However the government is not even
exhibiting a fraction of it's ELIMINATE VEERAPPAN DRIVE against these
scamsters, why?
In india, both central & state government tax/ revenue
officials are neck deep in corruption. By, taking bribe they make
lower assessment of income, gains, etc & spare businessmen from the
tax payment. The government in return for favours received from
lobbies, gives tax exemptions to them at it's sweet will.
All these scams & it's cover-ups are insider jobs. The
government is not interested to collect, recover it's own monies
amounting to billions of billions of dollars every year. However our
5-star leaders living at the expense of tax-payers, go-on foreign
jaunts with a begging bowl for a few lakhs of dollars. What a shame?
More than 50 billion indians are barely surviving on a
single meal per day & hundreds are dying due to starvation, billions
don't even have basic necessities of life. If the government even
just collects a fraction of it's dues from scamsters, defaulting
industrialists – people won't die of hunger in india. Has this
enlightened our thick skinned netas ?
Jai hind. Vande mataram.

Your's sincerely,

Nagaraj.m.r.

AN APPEAL TO Mr.P.CHIDAMBARAM UNION FINANCE MINISTER GOVERNMENT OF
INDIA

An age old saying – AS THE KING SO DOES THE SUBJECTS.
In india various financial scams, crimes & it's cover-ups have taken
place amounting to billions of billions of dollars have taken place,
made possible , just due to the involvement of the king – the netas &
government officials themselves in the shameful act – the crime.
The tax officials are utterly corrupt, the wards of
these officials spend double their pappa's salary just during
weekends. Now, realise their financial might. These ill-gotten wealth
is destabilising our economy & might have even found it's way into
the hands of underworld, terorrists. INDIA WILL BE DEFEATED FROM
CRIMINAL FORCES WITHIN LIKE THIS NOT FROM THE EXTERNAL FORCES.
Hereby, the HRW urges you to make public:
1. the financial worth of finance minister to tax official at
circle level, on annual basis including his spouse's worth & property
details.
2. to make public the NPAs, losses & monies under litigation by
both private & public sector banks annually.
3. to make public measures taken to recover these monies.
4. to publish annual accounts with complete details of
discretionary funds allotted to the defence ministry, president,
prime minister, chief ministers , governors & intelligence agencies.
Public want to know whether proper discretion is being applied while
spending.

DID THE LAW BREAK THE LAW - ASKS KRISHNA IYER

KOCHI: Justice V R Krishna Iyer demanded a second look into the Coco
Cola judgment made by the High Court on Wednesday. Alleging that the
modified decision smacks of bench shopping by powerful litigant,
Justice Iyer said the circumstances of the case when fully disclosed
may suggest a `riddle wrapped in a mystery inside an enigma'.

The strongly worded statement of Justice Iyer is as follows:

I have great respect for the judiciary of which I have been a member,
both in Kerala and in the apex court.

But criticism of judiciary pronouncements when one considers them as
aberrational is a failure of a jurist's duty to the Constitution and
the non-exercise of the fundamental right of freedom of _expression.
We are governed by the Constitution but it has been said that the
Constitution is what the judges say it is.

This does not mean that the `robed brethren' can go haywire reduce
the law to mere judicial ipse dixits. I suspect the wisdom and
constitutionality of the Coco Cola judgment pronounced by the
Division Bench of the Kerala High Court.

May be I am wrong or may be the concerned judges are in error. When
license has been refused for the Coco Cola by the local authority
which is necessary under the Municipal Law the court cannot hold
that, in certain circumstances, the license may be deemed to have
been granted, thus nullifying the statute.

The procedure of invoking the jurisdiction of that court for getting
an earlier decision modified smacks of `bench shopping' by a powerful
litigant.

The circumstances of the case when fully disclosed, may suggest a
`riddle wrapped in a mystery inside an enigma'.

Coco Cola jurisprudence as laid down by the Court does require a
second look although I must say that our judges in the High Court
generally command my respect. I have not had the time to investigate
dialectically the many dimension of this pronouncement.

I must also confess that I have not fully investigated how, in the
face of earlier decision, a fresh case was instituted before a
different bench. This calls for a closer study of the procedure
adopted and the substantive law declared when I consider curious and
dubious.

In short, `Coco Cola' as a law had made an imbroglio of our writ
jurisdiction and jurisprudence. Already, Prof Mohammed Ghouse long
ago, in a thoughtful article, felt that the highest court has at
times becomes a conscience-keeper of vested interests.

I am sure that in India today, the one high institution which holds
aloft people's confidence is the judiciary. `Ye, are the salt of the
earth; but if the salt have lost his savour, wherewith shall it be
salted'. (Bible).

CORPORATE CRIMES & CORRUPT PUBLIC SERVANTS – Root cause of naxalism , terrorism in India

The corrupt public servants together with corporate criminals are looting the state exchequer , looting the resources which rightfully belongs to all the people , public. Thereby, making those public utterly poor. This has created a wide chasm between few utterly rich people & crores of utterly poor. This has generated lot of socio-economic problems in India. The ill-gotten money , black money thus generated is funding the organized crime. As a result , Some of these poor people are finding the solution to their poverty in the wrong way of naxalism , terrorism , religious fundamentalism , caste movements , etc. It is futile.

The government is trying to tackle the problem of naxalism , terrorism by violence , instant justice like fake encounters , 3^rd degree tortures , lock-up deaths , etc. why not government meating out instant justice to corporate criminals & corrupt public servants ?

Both government & public must respect law & democratic norms . The government must aim at the root cause of these problems , like providing realistic displacement packages to project displaced persons , ensuring proper supply of ration through PDS in ration shops , ensuring proper implementation of food for work programmes , ensuring proper free medical care & free supply of medicines to poor in government hospitals , to strictly eradicate corruption in public service & to strictly enforce corporate accountability in India. However , the government is not sincere in it’s objectives or intentions.

Our publication HRW has appealed to the authorities numerous times seeking justice about following corporate crimes , still there is no word called justice , why this delay by authorities. I am reproducing some web pages of few cases of corporate crimes for justice. JAI HIND. VANDE MATARAM.

Your’s sincerely,

NAGARAJ.M.R.

Case no.1 CORPORATE CRIMES RPG CABLES LIMITED

http://groups.yahoo.com/group/naghrw/message/218

case no.2 MEGA FRAUD BY GOVERNMENT OF INDIA

http://groups.yahoo.com/group/naghrw/message/196

Case no.3 are you ready to catch tax thieves ?

http://groups.yahoo.com/group/naghrw/message/196

case no.4 MOBILE PHONES , CURRENCY SCANDALS

http://groups.yahoo.com/group/naghrw/message/196

Case no.5 reliance industry where is accountability ?

http://groups.yahoo.com/group/naghrw/message/196

case no.6 crimes at infosys campus

http://groups.yahoo.com/group/naghrw/message/214

case no.6 crimes by B.D.A against a poor woman

http://groups.yahoo.com/group/naghrw/message/212

case no.7 crimes of land mafia in India

http://groups.yahoo.com/group/naghrw/message/212

case no.8 currency thefts in RBI Press

http://groups.yahoo.com/group/naghrw/message/80

case no.9 killer colas & killer medicines of India

http://groups.yahoo.com/group/naghrw/message/201

RPG CABLES LTD thy name FRAUD ? BEWARE BANKERS& SMALL INVESTORS

M/S RPG CABLES LTD , an industry located at mysore is promoted by the most influential congress M.P mr. R.P.Goenka. the senior executives of the company are looting the resources of the company in turn bringing bad name to the company &causing immense losses to all stakeholders.

Without due permission of the customers & in violation of customer contracts, these executives are effecting deviations in the process like using recycled products, processing at higher speeds & using the approved materials at the ends of the cable ie testing lengths only , in between the cable length non-conforming raw materials are used. Thereby, these executives are cheating the customers like BSNL, PGCIL, GAIL, MTNL, etc since years. Many cables are failing at fields , if thorough inspection is done many more will cometo light. The company is made to pay huge penalties , even suffered blacklisting all due to the greedy actions of senior executives. There is no proper tendering procedure while purchasing raw materials or disposal of machineries . The money is siphoned-off to sister companies by offering low interest loans,selling the shares at undervalue or by purchasing shares at inflated price , etc. There is no proper documentation or tax payments for the flow of goods between M/S RPG CABLES LTD, MYSORE & M/S CONCEPTA CABLES LTD, MYSORE. There is no word called TRANSPARENCY OR CORPORATE GOVERNANCE in their books.

These type of ill-gotten wealth of various industrialists & traders in india is fuelling the black economy, destabilising the economy, cheating the government of it’s tax dues, cheating the lending banks, funding the political parties,underworld & terrorist outfits. The senior executives of the company are leading the luxurious lifestyles much above their known sources of income. When mr. R.P.Goenka has failed to properly govern a small company, how can he govern our vast country India being a member of parliament ?

The shameful part is that inspite of so much of cheating by the said company ie by it’s executives , now the government through BIFR has given loans again to this company. Definitely this money to the tune of crores will disappear in the black hole too . God save my country.

JAI HIND . VANDE MATARAM.

YOUR’S SINCERELY,

NAGARAJ.M.R.

RPG CABLES LTD & SUDARSHAN TELECOM MYSORE
-Are they adhering to environmental norms ?

These two private companies situated at mysore, karnataka state are in the business of manufacturing polythene insulated jelly filled cables & optic fibre cables for Tele- communication purposes. These two companies are burning off polythene wastes in the open releasing various toxins to the atmosphere . also , they are not properly disposing off non bio-degradable wastes like optic fibre & fibre reinforcement materials ,which poses a grave threat to the public at large. In addition they are not taking proper occupational safety measures in handling these materials posing a grave threat to the lives of employees. Karnataka pollution control board & labour department are you hearing ?

wake-up labour commissioner & chief inspector of factories,government of karnataka.
- illegal, unfair labour practices by M/S RPG CABLES LTD MYSORE , M/S VARSHACABLES LTD MYSORE , M/S FINECORE CABLES LTD , MYSORE.

In M/S RPG Cables Ltd , the workers are forced to work in hazardous atmosphere without proper safety gears , safety shoes & forced to lift/push heavier loads . They are forced to work throughout the night shift even without mandatory½ hour break. labour laws are flouted rampantly , some of the workers are suffering from health problems due to exposure to the fumes of hazardous chemicals like M.E.K , polythene compounds , petroleum jelly , optic fibre materials. The management has illegally retrenched number of workmen from the service &has appointed number of casual labourers in their place . to by-pass the law they have even outsourced some works.

In M/S VARSHA CABLES & M/S FINECORE CABLES and it’s sister concerns ,workers are subjected to work in hazardous conditions. First of all , the machine layout , the space for material movement, & storage space is so congested that the accidents are definite to happen. There are allegations that some of the workers are not even paid nominal wages & are not even covered by E.S.I , P.F. the workers are not even provided with appropriate safety gears . To escape from legal prosecution the names of workers are not maintained in muster rolls instead it is just entered in a note book. Provisions of drinking water , urinals , first aid , etc are poor. The workers are forced to inhale the fumes of polythene compounds ,petroleum jelly , etc and forced to lift/push heavier loads . even women workers are made to work for long hours. Are the factory inspectorate & labour department sleeping ?

RPG CABLES LIMITED MYSORE– FIT TO BE BLACK LISTED BY THE GOVERNMENT FOR UNFAIR TRADE & LABOUR PRACTICES.

This is a company promoted by longtime supporter & congress M.P (member of parliament ), mr. R.P . GOENKA. the company was blacklisted by the supreme court of india in 1996.the company was subjected to inspection by department of telecommunications& tax authorities ,for various violations of contract ,tax laws , etc ,time & again ,however each time it was MANAGED WELL.

Due to various wrong decisions of the management like purchase of wrong raw materials(not up to customer requirements),changing process parameters and using reworked/recycled materials, all in violation of CONTRACTS WITH THE CUSTOMERS(like BSNL , MTNL , PGCIL , GAIL ) . thereby the customers were supplied with inferior quality products than those mentioned in the contract . as a result the company was forced to frequently pay-up penalties to the customers & to provide replacements to the customers ,all to the tune of crores of rupees .after opening up of CONCEPTA CABLES LTD in mysore beside the RPG CABLES LTD in mysore the materials used to be moved from one company to another without any documents or excise documents. the company has totally disregarded the safety & environmental norms. HOWEVER WHENEVERGOVERNMENT OFFICIALS CAME FOR INSPECTION THEY MANAGED IT SO WELL WITH THE AID OF FAKE DOCUMENTS.

The management frequently made large purchases from the market without calling for public bidding / tender. the management frequently gave loans/money advances to the sister concerns at low lending rates than the prevailing market rates. finally as a result the public –the Share holders , government , lending banks are cheated by the management.

AN APPEAL TO HONOURABLE MINISTER FOR LABOUR , GOK , BANGALORE

Respected sir/madam,

subject : 1) illegal retrenchment by M/S RPG CABLES LIMITED.MYSORE.

2)THE NEGLIGENCE OF DUTY BY ASISSTANT LABOUR COMMISSIONER MYSORE.

3)refer : IDA-3/CR-152/2002-03 dated 25/05/04

I have brought the issue of illegal retrenchment of me by the above saidmanagement and other injustices , to the notice of honourable labourcommissioner on 15/05/04.in turn he directed the A.L.C MYSORE to take action& to send a report to him.on 02/07/04 the A.L.C mysore informed me that asthe same dispute of retrenchment has been filed by RPG CABLES EMPLOYEES UNION& as she has sent the failure report to the government , the matter is closed.

The A.L.C mysore has not taken into consideration the total number of employees(workman) working in RPG CABLES unit 1 &unit 2 mysore ,RPG CABLES branches at silvassa, raebarelli U.P. , thane , maharashtra and the marketing offices spread throught india, in the preceding 12 months .all these units are merged , a single entity with common registered office at mysore.

In my application dated 15/05/04 , i have raised other issues of injustices like ,damage to my health , occupational safety ,unfair labour practices , etc the A.L.C mysore has not treated those each issues as separate disputes and has clubbed everything with the issue of retrenchment & swept it away. why this negligence of duty ?

1. there are workman much junior to me in my category working in the company.

2. after effecting the retrenchment on 29/04/04 the management through oral orders has made internal transfers to my category .these new transferees are also much junior to me.

3. i was not paid equal wages for the work of equal value & quality.

4. i was made to lift, push weights more than 60kg all alone.

5.i was not provided safety gears against the fumes of methyl ethyl ketone ,petroleum jelly , H.D.P.E , L.D.P.E compounds.

6. i was not provided safety gears to handle optic fibre cable materials.

7. some times even hand gloves were not provided.

8. since 2 years i was not provided even safety shoes & clothings . the first-aid room is not properly equipped ,the accidents go unreported intentionally.

9. in night shifts i was not even provided the 1/2 hour rest interval. During overtime shift continuation also the 1/2 hour rest interval were not provided to me.

10. various machines are without proper safety guards .the D.G sets are operated by the personnel without D.G OPERATOR LICENCE.

11.no yearly employee health check-up nor the safety audit is conducted.

12. the scrap disposal is not proper ,the cables are burnt in the open ,the optic fibre cable scrap is thrown in the yard.

13. due to all these unhealthy work practices & surroundings , i have suffered health damages

14. the management has closed the canteen while conciliation was going on.

15.the management was paying rupees 8.00 as the canteen allowance plus subsidy for each day instead of rupees 9.50 which it was paying early to the canteen contractor.

16. the management effected the retrenchment while the conciliation proceedings were going on.

17. the management threatened me of dismissal if i don’t resign from the union leadership.

18. the management didn’t take into account the balance of working days of the previous year nor it was carried forward while giving EARNED LEAVE for the current year.

19. the management was not paying the monthly salary on the stipulated date.

20. the management didn’t pay the full & final financial settlement on the last working day together with retrenchment notice .

HEREBY, I DO REQUEST YOUR KINDSELF TO TREAT THE EACH ISSUES AS SEPARATE DISPUTES , TO GIVE ME JUSTICE , TO ORDER MY RE-INSTATEMENT INTO SERVICE WITHFULL BACKWAGES, TO SECURE ME THE MEDICAL COMPENSATION TOWARDS HEALTH DAMAGES.

Your’s sincerely,

Sufferer of injustices

MEGA FRAUD BY GOVERNMENT OF INDIA – Rs 85 000 crore tax arrears waiver + non performing assets of banks to the tune of Rs. 200 000 crore

- An appeal to Honourable Supreme Court of India

India has become an IT power , taken giant strides in the field of science & technology. More & more MNCs are investing in India. However due to our skewed , corrupt economic system , lack of accountability on the part of corporates & public servants – a wide chasm has been created between the ultra rich & the poor , the fruits of development has all been usurped by the rich & mighty. This is the basic reason for growth of black economy , growth of naxalism , terrorism & underworld in India. As per a recent study by UN organization , majority of Indians ie more than 50 crore Indians are barely sustaining on Rs.13 per day earnings , a whole family depends upon Rs.13 , they are struggling to get just single meal per day. People are starving to death , farmers are committing suicides , people are selling their own children for a bag of grains. Whereas , corporate biggies , public servants are leading luxurious lifestyles , having big parties full of drinks , non-veg foods not at their papaa’s expense but at the expense of public exchequer , out of the tax dues , loan repayments cheated to the public exchequer.

The banks insist on matching collateral security even for self employment / educational loans by poor for an amount of Rs.5000. if the loans are not paid in time , rowdies / recovery agents are sent by banks to collect the amount by muscle power. As a final step , banks auction-off properties of collateral security to recover it’s dues. Even, the tax authorities mercilessly extract tax dues to the last penny from the middle class.

The same banks, overestimate the project cost of corporates , overestimate the project feasibility & it’s worth and coolly extend hundreds of crores of rupees loans without matching collateral security. The banks extend overdraft facilities without matching collateral securities , to these corporates. When loans are not repaid, no rowdies are sent by banks. The promoters , directors of such tainted corporates drain – off the companies resources cunningly through insider trading , finally making the company sick. Such companies don’t pay taxes , electricity bills , water bills , etc properly to respective authorities. The authorities are deaf , dumb & blind to all these actions of such corporates. At the end , banks write-off such loans as non performing assets (NPA) & file case before courts for recovery of dues. Even if the properties of collateral security are auctioned-off dues cann’t be fully realized. Finally public money is swindled . ALL THIS IS POSSIBLE DUE TO THE CONNIVANCE OF KEY BANK OFFICIALS , TAX OFFICIALS WITH CRIMINAL CORPORATES SINCE THE INCEPTION OF SUCH COMPANIES . THIS ALSO POSES UNFAIR COMPETITION TO HONEST CORPORATES. How to stop this ? by making corporate accountability ,accountability of bank , tax officials more stringent with penal provisions . afterall , they are playing with public money not their papa’s property.

Already , by the connivance of public servants , bank , tax officials we have witnessed many scams like harshad Mehta , ketan parekh , hawala , etc and more than Rs. 2000000 crore NPAs are on the books of the banks. Now, the government of India is planning to waive-off tax arrears of corporates to the tune of Rs.85000 crore , why ? read vijaya Karnataka kannada daily dated 04^th January 2007. just look at this in the backdrop of “QUESTIONS FOR MONEY BY SOME MPs” and “MP LOCAL AREA DEVELOPMENT FUND ALLOCATION FOR A PRICE SCANDAL”. The government is always unresponsive , careless towards the sufferings of poor , however it is always on toes to help out corporates that too criminal ones but not honest corporates. Why ?

HRW has extended it’s services to GOI months back itself , to apprehend tax thieves , till date there is no reply from GOI , why ?

Hereby , HRW requests the Honourable Supreme Court of India to order GOI ,

to make necessary amendments to companies act , to make the promoters , directors of the corporates personally accountable for all their actions.
to constitute committees consisting of public persons with powers to scrutinize & verify all the actions of corporates for insider trading like – selling products , materials , shares to their sister concerns at discounted prices or buying products , materials , shares from their sister concerns at inflated prices or lending loans at discount rates to their sister concerns or taking loans from their sister concerns at high rate of interest or loaning materials , machines to their sister concerns , etc.
to constitute committees consisting of public persons , to scrutinize & verify the annual personal tax returns filed by key bank officials & tax officials , who have amassed riches & leading luxurious life styles much beyond the scope of their legal known sources of income.
to recover all tax dues , loan dues , etc from the corporates from the personal properties , wealth of promoters , directors of such companies.
to put behind bar the key bank officials who have helped the corporates in swindling public money by overestimating project viability , worth and by overlooking the insider trading of promoters and still extending loans to them.
to put behind bars tax officials who have helped such corporates in swindling public money.
to take all the necessary help from public like as services extended by HRW in apprehending tax thieves.
to recover & protect public money at any cost.
to confiscate all money , properties possessed by directors of such criminal corporates & properties of corrupt bank , tax officials , public servants.

ARE YOU SINCERELY READY TO CATCH TAX THEIVES ?

- AN APPEL TO UNION FINANCE MINISTER & KARNATAKA STATE FINANCE MINISTER

In india , tax compliance is worse. In our criminal justice system, there is rigorous imprisonment for a pick-pocketer stealing Rs.10. even the authorities spend thousands of rupees in legally prosecuting him & the thief spends a year or more as punishment behind bars. Where as there is no commensurate investigation nor legal prosecution nor punishment for corporate thieves , evading tax to the tune of crores of rupees. In contrast, those tax thieves pay a part of that booty to the ministers & political parties and get crores of rupees tax exemptions , incentives from the government. Government is rewarding corporate criminals.

The tax officials of central & state governments are hand in glove with these corporate criminals & traders. For a price, they are helping corporates & traders in evading tax. Most of the tax officials are wealthy & leading luxurious lifestyles , much beyond the scope of their legal income. The black money thus generated every year by tax evasion , is many times more than our total annual budget allocation. As a result, all our fiscal reforms fail & inflation is soaring. This black money is the source of illegal funding of political parties , terrorist outfits & underworld. It is a greater threat to national unity & integrity.

Both the central government & karnataka state government have failed to collect the full , actual tax dues from corporates & traders. As a result , the governments don’t have enough money in their coffers even to provide basic needs like health care , education , safe drinking water , etc to the poor & needy. For every Rs.100 tax evaded , one poor patient is dying without medical care , 10 poor persons lack education , 100 persons don’t get safe drinking water , 100 persons barely survive on a single piece meal per day , 20 persons starve. Most of The government officials , ministers & people’s representatives who have deliberately failed in their duties of tax collection & welfare of poor citizens , SHAMELESSLY indulge in luxurious lifestyle at the expense of poor tax payer . they live in paltial bungalows , chauffer driven AC cars , all living food expenses paid by exchequer , dine at 5-star hotels , only drink bottled mineral water , eat non-vegetarian dishes , drink alcohol sitting before mahatma gandhi’s photograph & preaching mahatma’s ideals. Mahatma preached & practiced simple living , vegetarianism & he was teto teller , he paid for his expenses from his earnings . these public servants are parasites , who are making merry at the expense of tax payer.

Some non government organisations ( NGO) have formed trusts and under the aegis of those trusts are running educational institutions , hospitals , community halls , etc , in the name of providing free / subsidised services like education , health care , etc to the poor. It is only in record books , they conduct fake medical camps , self employment training camps . in practice they are running these educational institutions , hospitals & community halls as commercial enterprises & collecting huge fees. they are not even remitting full fees collected to the trust account & swindling the money. no outsider is allowed to become a member of these NGOs , only their cronies & their family members are in these trusts.

Numerous NGOs promoted by religious bodies , mutts are swindling public & government money to the tune of crores of rupees. Nobody dares to question the heads , pontiffs of these mutts , as at his feet VVIPs , ministers fall down. These religious bodies are hot beds of fundamentalism , terrorism & mafia. Hwere is the accountability of religious bodies & political parties in in india ?

Inspite of bringing specific cases to the notice of authorities , they are mum ? hereby , HUMAN RIGHTS WATCH offers it’s services ( subject to conditions ) to the governments of india & karnataka , in apprehending the criminals – tax evaders. Are you ready mr.Chidambaram sir & mr.Yediyurappa sir ? If you are ready to do your duty look into the following cases , take appropriate action & kindly inform me about the outcome.

SCANDALS OF MOBILE PHONES & IT’S CURRENCY SALES IN INDIA

IMEI No is the unique identification of each mobile phones. It has helped police in tracking criminals , terrorists , kidnappers , etc. however nokia India & tata indicom cos are selling mobile handsets without IMEI Nos, which is a good news for criminals , bad news for the public & the government. The authorities can refer the case details of case no: CD 49/05 before the honourable consumer disputes redressal forum , mysore. Also, without mention of IMEI No in the sales bill , phones cann’t be tracked. The mobile currencies are sold without bills. A part of that currency is tax payable to the government. Mobile cos are getting that tax money from customers but are not remitting the same to the government. As the currency sales are without bill government cann’t track it’s actual tax dues. This is a huge scandal 100 times bigger than bofors to the tune of hundreds of
crores. A part of this black money is funding criminals , underworld & terrorist outfits.What TRAI is doing , sleeping ?

REQUEST TO TRAI for following information

1. what are the total number of subscribers of each mobile phone service provider both CDMA & GSM yearwise since 1998 till date ?

2. what are the total number of handsets sold since 1998 till date yearwise ? give split figures for CDMA & GSM handsets ?

3. What is the total value of currencies sold by each mobile phone service provider yearwise since 1998 till date ? give split figures for each company?

REQUEST FOR INFORMATION AS PER PROVISIONS OF RTI ACT

- An appeal to tax authorities ABOUT MOBILE PHONE SCANDALS

Case no.1 : in the year 2004 , dealer for tata indicom mobile phone service M/S INTOTO COMMUNICATIONS , kalidasa road , vv mohalla , mysore sold a nokia 2280 mobile hand set to a customer for Rs.4000 along with mobile phone connection ( bill no.41 dt 25/09/2004 ). On the box of the mobile hand set , MRP is mentioned as Rs.5799 , so either the dealer is selling the handset at discount or there is over invoicing the cost of product during import. However there is no mention of discount in the sales bill. There was no mention of 15 digit IMEI number nor there was warranty card . all these proved that , the dealer is dealing in illegal handsets either smuggled , stolen or seconds and selling them to customers as brand new genuine ones.

The matter went before the honourable consumer disputes redressal forum , mysore and the honourable forum acknowledged the illegality of the handset & ordered the dealer to refund the money with costs to the customer. The dealer has complied with the order ie accepted his wrongdoing. ( Case no : CD 49/2005 ). The issue was brought up before the CBDT , CBEC & CCT , till date no action why ?

Case no.2 : on 18/06/2006 , M/S Rajhans Novelties , surya bakery circle , hebbal , mysore – dealer for reliance mobile phones has sold a mobile connection together with handset for Rs.2060 . on the outer box of the handset cost is mentioned as MRP Rs.4000 , however he has sold it for Rs.1265 . also, the dealer has not stated the cost of lifetime voucher ie Rs.795 in the sales bill ( bill no : 1017 dt 18/06/2006 ) , there is no mention of discount in the sales bill . it is a clear case of either over invoicing of the product during import or sale of illegal handsets. The reliance infocom is not even responding to my queries & requests for written confirmation of 10 year validity. Why ? there is something amiss here .

Hereby , i do seek following information under the provisions of RTI ACT from ,the chairman of central board of excise & customs , chairman of central board of direct taxes , government of india & the commissioner , commercial taxes , government of karnataka :

1. is the handset sold through bill no:41 dt 25/09/2004 by m/s INTOTO communications , kalidasa road , vv mohalla mysore genuine one ? how much excise , customs duty & commercial taxes has been paid towards it’s import & sales ?

2. is the handset sold through bill no:1017 dt 18/06/2006 , by m/s Rajhans novelties , surya bakery circle , hebbal mysore , genuine one ? how much excise , customs duty & commercial taxes has been paid towards it’s import & sales ? specific figures needed.

3. Why the amount of life time voucher is not shown in sales bill ? why neither the company reliance infocom or it’s dealer is not giving written confirmation of 10 year incoming phone service validity inspite of collecting Rs. 795 ?

4. every business transaction needs a bill. Then why don’t the sellers of mobile phone currencies , life time cards , activation cards are not giving bills ?

5. also in these currencies , a part of currency ie money is deducted as tax by the mobile companies. Are they passing on those deducted tax amounts to the government ? when there is no track back on the sales of mobile currencies , how the government collects it’s rightful tax dues ?

6. how you are monitoring the growing riches of tax officials year after year ?

there is a huge scandal under the belly of mobile phone market , but the tax officials are mum . why ? HRW offers it’s services in apprehending tax thieves , are you ready ?

RELIANCE INDUSTRIES LIMITED – WHERE IS ACCOUNTABILITY?

Dear mukesh & anil ambani,

The reliance industries has always got a favourable treatment from the state & central governments.there are allegations that ,

1.years ago, the central government gave import concessions for import of certain raw materials of textile sector ,which hugely benefitted the P.F.Y & TEXTILE projects of your’s ie reliance industries.

2.the O.N.G.C which has painstakingly surveyed the oil & gas reserves & prepared a list of lists,gave that list & you got godavari basin oil & gas project from the government .O.N.G.C could have developed it & earned millions.

3.few months back you were charged both by the government & cellular operators (GSM) that you are giving S.T.D & ROAMING FACILITIES to your reliance phone subscribers.your’s was only a W.L.L. they even claimed that you are misusing a legal loophole & causing crores of losses to the government & other GSM operators. however while the issue was before the T.R.A.I, the trai legalized your actions by announcing unified licence for telecom operators.

4.now you are charged by the government of re-routing ISD CALLS as local calls,thereby causing crores of losses to the government & BSNL.this time also you may get the reprieve from the government. the government ,if a commonman does not pay his electric bills in time slaps interest & cuts down the electric supply immediately.

however the same government ,even if your company has been alleged of causing crores of rupees losses to the government & other players, always enacts favourable laws for you like a SANTA CLAUS.

WILL YOU PLEASE CLARIFY mr.mukesh ambani & mr.anil ambani?

the TRAI announced unified licence regime in haste that too with retrospective effects.so all the charges against reliance were dropped. in the same vein as unified licence got retrospective effect , why not the government re-imburse the differece amount out of hefty fees collected from other cellular operators ? take the reliance fees as bench mark.anyway , finally commonman is the looser.

Crimes at INFOSYS campus ?

- wake-up government of Karnataka – an open letter to mr.Narayan murthy

INFOSYS is an indian corporate which made india proud globally & made all it’s
employees prosper, become shareholders in the prosperity of the company. Infosys
has made & is making various humanitarian services/aid through it’s hard earned
resources. thereby bringing smile to the faces of numerous oppressed ,disadvantaged people. every indian is proud of responsible organisations like infosys & we do sincerely appreciate the company.

Recently , disrespect was shown to our sacred Indian National Anthem at your campus , aping Americans is not a big thing . Americans are what they are because they love their country. Every human being must love & respect his motherland & mother first , everything matters later. This crime at your campus is inexcusable.

There are also allegations that at your campus , usage of illegal drugs by inmates is rampant & some inmates behave indecently with girls . how you are ensuring the safety of women at your campus ?

Recently , it has been reported that there are recurring deaths of labourers at your construction site due to lack of proper occupational safety measures . also, it has been reported many of the labourers are not even covered by ESI & PF . from the day one how many persons have died & how many were injured , physically disabled till date ? what follow-up action has been taken by your organization ? is it not the duty of your organization to respect the law of the land with respect to labourer’s safety ?

However there are complaints of human rights violations in your own backyard. Infosys is building a vast campus in mysore since 2 years. The construction work has been given to contractors, who in turn has given out subcontracts . some of these sub-contractors are employing persons without E.S.I & P.F COVERAGE .these employees are forced to work at heights without any safety gears. some of these employees have suffered damages to their
limbs , hands ,fingers while performing their duties . in such events, the sub-contractor takes the injured to a private hospital, arranges for medical treatment for a day or two . afterwards , he is given a pittance as compensation ,dismissed from service & left to fend for himself . no further medical care at all. these sub-contractors are so cunning that they
don’t even leave a single shred of evidence to prove that the injured employee was working
on that site . the labourers attendance is just marked on a notebook , not any official register .as a result the injured is unable to legally prosecute the guilty . the end result fingers or hands or limbs lost to INFOSYS. Being the principal employer, is it not your duty to ensure proper E.S.I & P.F coverage of all contract labourers by their respective
contractors. Your organissation is not even responding to our queries , is it justified ?

CRIMES BY BANGALORE DEVELOPMENT AUTHORITY ( B.D.A)

AGAINST A POOR WOWAN

The B.D.A flouts it’s own rules & spreads red carpet for big land developers & land grabbers. B.D.A posting is a huge money spinner for corrupt officials. The corrupt B.D.A officials work hand in glove with criminal elements & rowdies. They illegally evict genuine allottees who are poor & without any connections from allotted prime lands & sell-off those prime land to the highest bidder of bribe. The poor fellow is re-alloted lands in backward areas & in some cases left in the lurch.

Now , take the following case. Mr. S.D. chandrashekaraiah a poor old man aged around 80 years was allotted with house no.185, kumaraswamy lay-out, first block, bangalore in 1978 vide letter no.

310/267/BDA/ADM/KMRSL(H)/78-79 dt 11/08/1978.

The chairman of B.D.A has allotted the built house on lease cum sale basis. The poor old man mr. S.D.chandrashekaraiah complied with all the rules & in accordance with it even deposited 25% of the house cost in B.D.A’S account. However when he went over to his allotted house for residing in it, he found out some rowdy elements were already residing there. He complained about this matter to the legal owner of the house ie B.D.A . the B.D.A officials didn’t take steps to evict the illegal encroachers nor did they make any complaint to the police. His appeals to B.D.A, chief minister of karnataka , etc fell on deaf ears. Hurt by this gross injustice & mounting financial burdens the poor old man died.

Subsequently, the poor man’s daughter smt. Nagalakshmi who was also very poor , appealed to the B.D.A authorities once again , to evict illegal encroachers from her father’s allotted house. This time the corrupt B.D.A officials played a different game. They showed her a vacant house, gave her oral instructions to live in that vacant house & told her that they will regularise it in due course. The hapless poor woman took huge loans & repaired the house fit for occupation. Just before she was to occupy that house , corrupt B.D.A officials once again planted rowdy elements in that house. Once again the poor woman was cheated. She lost her house, on top of it her loan burden mounted.

Till date, that poor woman is suffering from these gross injustices of B.D.A . SHAMELESS B.D.A OFFICIALS who take thousands of rupees salary & perks every month, all at the expense of tax-payer has not even cared to rectify the injustice. Thereby, they are violating the poor woman’s fundamental & human rights.

Hereby, HUMAN RIGHTS WATCH urges the honourable chief minister of karnataka, honourable lokayuktha for karnataka , honourable chairman national human rights commission , honourable chairman national commission for women & honourable chairman state commission for women karnataka, to take the appropriate action & to speedily provide justice to this poor woman.

THEFTS IN RBI CURRENCY NOTE PRESS

R.B.I CURRENCY THEFT CASE – COVER-UP ACT BY C.B.I?
- AN APPEAL TO THE UNION FINANCE MINISTER & CENTRAL VIGILANCE
COMMISSION

Even in ordinary branches of banks , the safety locker room keys & currency chest room keys are with senior managers only. with advance of technology various electronic gadgets like burglar alarms, user id & palm readers are in use. It is quite shocking to know that , in high security RBI CURRENCY PRESS , mysore these gadgets were not in use & the keys were easily accessible to ordinary security guards. Also, in mysore press there is no proper accounting practices for blank papers issued for printing , after
printing is done accounts of accepted notes & rejected notes is not at all kept. CBI is putting the whole blame on an ordinary security guards & hurrying to close the case. The repeated thefts are not at all possible by security guards alone without the help of insiders / higher executives. CBI is trying to fool whom?

Even with respect to my complaint regarding recruitment scandal complaint no: DPG/B/2005/80049 (2) (RBI) new complaint no: DPG/Z/2005/90040, neither CBI nor secretary ( finance sector ) department of economic affairs government of india nor the RBI governor has taken any steps till date , why?
Hereby, HRW urges the honourable union finance minister & CENTRAL VIGILANCE COMMISSION to look into the matter & to provide speedy justice to all concerned.

C.B.I COVERING UP THEFTS IN R.B.I
Lie detector tests for C.B.I officers ?

Nowadays even free e-mail accounts need password to operate, to operate a bank locker there are multi level security settings. However , it is ridiculous, unbelievable to note that in the high security reserve bank of india currency note press mysore, there were no different key sets , palm readers, pass words, no different authorised persons, no troops of security guards, to access the area.

Just only one security guard- a constable. It is a cock & bull story of C.B.I, that all alone a single security guard stole the booty. There must be a crime syndicate. The C.B.I officers themselves must be subjected to polygraph, brain mapping tests to know why they are lying , to cover-up whom? The C.B.I has not answered previous questions raised by HRW. The C.B.I must answer the following questions :

1. who were responsible for selling the good printing machine at security press nasik to scamster karim lala telgi as scrap ?

2. who recruited the candidates below merit rankings in R.B.I for what criminal roles ?

3. how many irregularities have taken place in R.B.I till date ?

4. who is responsible for installing, operating & supervising the security set-up in R.B.I ?

5. how the raw materials ie number of paper sheets, ink, etc are accounted for in inward stores & while issuing for printing ?

6. how wastages, scrap of ink , papers , etc in the printing process are accounted for?

7. How the finished goods ie currency notes are accounted for ?

8. Who keeps physical figures & possession of goods, inventory of all the above?

9. How the scrap paper is disposed off ?

10. From security angle who keeps track from start till dispatch ?

ILLEGAL RECRUITMENT IN R.B.I CURRENCY NOTE PRESS RESULTING IN
FREQUENT THEFTS ???

Dear sir,

I have applied for the post of STORES ASSISTANT in 1995 & for the post of PROCESS ASSISTANT in 1996 for vaccancies at Bharatiya Reserve Bank Note Mudran Private Limited ( BRBNMPL) MYSORE & SALBONI. I didn’t even get the interview/written test call letter. However candidates with lesser merit ranking were selected. My requests for a copy of merit ranking list fell on deaf ears. In the end of 1996, i once again applied for the posts of PROCESS ASSISTANT & MAINTANANCE ASSISTANT at BRBNMPL. This time round i got written test call letters for both posts. I have successfully cleared the common written test for both posts.

Subsequently i got the interview call letters for both posts. I have successfully appeared for the common interview for both posts. However candidates of lesser merit were selected & i didn’t get any
communication at all. My repeated requests for MERIT RANKING LIST fell on deaf ears. It is the criminals in R.B.I MANAGEMENT who declared a good printing machine at nasik security press as scrap & sold it to fake stamp paper king pin karim lala telgi It may be possible that the criminals in the R.B.I MANAGEMENT selected candidates who suited their criminal objectives. As a result there is
frequent occurrence of currency thefts & related irregularities at R.B.I CURRENCY NOTE PRESS, mysore & salboni. Hereby, i call upon the C.B.I to look into this matter. Also, hereby i urge you to provide me justice by giving merit ranking lists of all recruitments made from 1995onwards till date.
Specifically, for the above mentioned 4 posts in accordance with the TRANSPARENCY /RIGHT TO INFORMATION ACT of government of india.

KILLER COLAS & KILLER MEDICINES OF INDIA
- Government officials murdering innocents in league with greedy industrialists

In india, & many other 3rd world countries , the larger corporations , MNCs & industry lobby is literally running the governments. They are grossly abusing human rights of people. Hereby, HRW calls upon GOI to rein in those corporations. It is not the first time that , the harmful effects of colas – food beverages are made public. The government is aiding the cola companies in covering-up their crimes , in hiding harmful ingradients of their products in the name of trade secrets. The government is yet to enact a new food legislation making it mandatory for all manufacturers of food items to specifgically
mention the type & quantity of ingradients on each food product. Even , under the present food Act itself the government officials can ban the harmful colas & other products in the interest of public health & lives. Then how will they get kickbacks ?

The cola companies are so cunning & ruthless that they have used muscle power – rowdies , corrupt police personnel & assaulted harmless peaceful protestors. The cola companies have purchased justice previously in kerala & got favourable judgement. Due to presence of cola companies , under water table has depleted in surrounding villages. The farmers are unable to grow their crops & are committing suicides. One of the senior executive of a cola company – BEJOIS , MADE MURDER THREATS , FIX-UPS IN FALSE CASES TO EDITOR OF HUMAN RIGHTS WATCH’S and even made false complaint to police , but repeatedly failed to turn-up for enquiry fearing that truth will come out. The police closed the case subsequently.

In India , many medicines / drugs manufacturing companies are silently murdering thousands of innocent patients. Some of these companies are manufacturing counterfeit drugs of popular brands. Some MNCs , big drug companies are in cheating business , they are just filling chalk powder in tablets where as on the outer cover they mention ingradients & quantities of it which are not at all their in the product. The patients who are taking these chalk powder tablets , hoping that they will get cured of diseases are dying due to lack of proper medication. These greedy , cheating drug companies are also exporting these counterfeit drugs to many third world countries like Nigeria. The drugs controller of Nigeria has caught hold of evidences about these illegal drugs & their import from India. These companies with the aid of mafia even tried to finish her off. The GOI is yet to take action on her complaint. Silence of GOI bought for a price by drug companies.

Just a few months back , there was a programme called “bad medicine” on BBC channel , where in the drugs controller for Nigeria proved that 95% of drugs in nigeria are fake & 80% of them are being exported from india. These indian fake medicines are killing hundreds of innocents in nigeria & she is crusading to control to control it. She has survived murder attempts by the pharma drugs mafia linked to india. She came over to india along with BBC correspondent & under- cover they went to greedy industrialists. The said industrialists- FAKE SPECIALISTS boasted how they fake the holograms , labels of big MNCs , how they add chalk powder , paracetamol to all tablets , how they gifted imported car to a chief minister in return for protecting their crimes fake businesses , etc. At the end, the drugs controller for india , refused to give an interview, EVEN TO MEET the BBC correspondent, fearing that all his beans will spill out. just 2 years back in karnataka, honourable lokayukta justice N.Venkatachala raided certain pharmaceutical
companies & drugs control department officials and unearthed a huge scam of Rs.200 crore of fake medicines. However the government didn’t take any action as politicians were also part of the ring & threw the report on a back burner.

In india, how many are dying due to fake medicines – the corrupt officials are covering the numbers & shielding the murderers the greedy industrialists. Previously HRW has appealed to government authorities including supreme court of India , but to no avail. It is a sad pointer to the grim fact that in India there is no value for human lives & the long
arm of corruption has even reached the apex court. JAI HIND , VANDE MATARAM , GOD’ SAVE MY INDIA.

Your’s sincerely,
Nagaraj.M.R.

COCA-COLA , PEPSI COLA & OTHER SOFT DRINK MANUFACTURERS
-Are you disclosing full information to the consumers about contents of your products ?

various soft drink manufacturers & bottled drinking water manufacturers draw their raw material- water from the tube wells . nowadays due to excessive usage of chemical fertilizers , pesticide , insecticides , the ground water table is polluted by these chemicals . these are very harmful for human beings. In some areas even the ground water is poisoned by arsenic & flouride . In addition the soft drink manufacturers use chemical flavours , food additives & preservatives in their products . these are also harmful to human beings above certain limits.

Some of the MNCs are practicing double standards , while in their home operations in the U.S.A they are strictly adhering to F.D.A norms as consumer safety is strictly enforced there by the government , while in India they have thrown to wind the consumer safety with respect to indian operations. The situation is so worse that it has been reported in the media that SOME FARMERS ARE USING THESE SOFT DRINKS AS PESTICIDES IN THEIR FARMS. Hereby, i want following questions answered by soft drink
manufacturers specifically coca-cola & pepsi,

1.how you are removing the harmful chemicals from the tube well water ie your raw material ?

2.how you are ensuring the proper mixture of food additives , preservatives & flavours within safe limits ?

3.why not you are giving the exact quantity of all contents in the soft drink of your’s on the product itself ?

4. are you exactly replicating your manufacturing & quality norms of your U.S.A operations in india ? if not why ?

5.are you strictly adhering to food norms of government of india ?

6. are you keeping the F.D.A NORMS OF U.S.A as benchmark for your operations in india ?

7. are you ready for the laboratory test of your product randomly selected by the consumer ?

8. Are they using genetically modified food ingredients ?

9. are they using ingredients sourced from animal origins ?.

RELIANCE INDUSTRIES LIMITED

-WHERE IS ACCOUNTABILITY?

Dear mukesh & anil ambani,

The reliance industries has always got a favourable treatment from the

state & central governments.there are allegations that ,

slaps interest & cuts down the electric supply immediately.

however the same government ,even if your company has been alleged of causing crores of rupees losses to the government & other players, always enacts favourable laws for you like

a SANTA CLAUS.

WILL YOU PLEASE CLARIFY mr.mukesh ambani & mr.anil ambani?

CASES OF RELIANCE INDUSTRIES LIMITED

RIL transported tonnes of steel on these!

Income Tax dept serves assessment notice exposing bogus transactions;vReliance says claims genuine, goes in appeal to tribunal

C Unnikrishnan

The income tax department has issued a showcause notice to Mukesh Ambani’s Reliance Industries’ Limited and then passed an assessment order pointing out that the company has made some bogus transactions to evade income tax for the assessment year 2003-2004.

These transactions relate to the purchase of tonnes of steel from various parties for their projects in Jamnagar. However I-T investigations reveal that these parties don’t exist, except on paper, or in some cases if the do, they don’t deal in steel. Further, the department’s investigation wing also found out that the registration numbers of the vehicles that were allegedly used to transport tones of steel actually belonged to sundry motorcycles, scooters, one car and even an autorickshaw!

Of the 76 transport vehicles mentioned by the RIL suppliers three vehicles were not allotted the numbers by the transport officers and owners of most vehicles denied any delivery while others did not have the permit to enter Gujarat.

These details were then passed on to the assessment wing of the department which carried the probe further and issued the company a showcause notice. In response to that RIL denied any wrongdoing and said they had receipts of the steel delivered and claimed depreciation

worth Rs 32 lakhs. (See box) However, the I-T department refused to accept this claim and gave a detailed account of the way the case was cracked. The modus operandi is mentioned in the assessment order sent to RIL, a copy of which is with this newspaper.

This is how it goes: RIL claims to have made steel purchases from several companies belonging to the Mumbai-based P K Agarwal group. This group had in turn reportedly purchased steel from three other concerns of Laxmi Exports, the proprietor of which is a certain

Vinayak Kokate. Kokate in his statement to the department then admitted that there were no genuine transactions carried out. Kokate even said his role was to deposit cheque/demand draft issued by RIL in the bank account, withdraw the same in cash and hand it over to one man addressed as ‘Masa’. His identity is still secret. After some time, this account was closed and another one opened in a different name. Kokata was paid a remuneration of Rs 20,000 for this.

“Beacuse of these irregularities we are being extra-cautious this year and probing all suppliers,” said a senior I-T official on condition of anonymity. RIL has now gone in appeal to the tribunal against this assessment order. Their spokesperson refused to comment saying they would await the verdict of the tribunal.

WHY RIL DID IT

This has been done basically to claim depreciation on a non-existent asset. As the claim of depreciation increases, the incidence of tax proportionately goes down. According to I-T sources, use of bogus purchases also helps the corporate entity to generate cash. The person

who introduces the bogus purchases charges a small percentage usually 2% to 4% of the invoice/bill value and after routing the cheque through the bank account arranges for withdrawal of the cash after retaining his service charge of 2% to 4% as the case may be. This cash

then gets introduced into the system wherever unaccounted payments are to be made.Govt bails out Ambani

PRESS TRUST OF INDIA

Posted online: Thursday, March 09, 2006 at 1545 hours IST

Updated: Thursday, March 09, 2006 at 1609 hours IST

NEW DELHI, MARCH 9: In a major relief to Reliance group firm IPCL, the government has ruled that state-run gas firm GAIL (India) Ltd cannot charge marketing margin on supply of natural gas.

“In terms of the gas pricing order dated June 20, 2005, GAIL is not entitled to levy any marketing margin on any category of consumers for supply of APM (government regulated) or JV gas,” a Ministry of Petroleum and Natural Gas order said.

The order comes after Mukesh Ambani-controlled Indian Petrochemicals Corp Ltd (IPCL) approached the ministry against GAIL’s notice to terminate gas supplies unless marketing margins were paid.

The ministry’s order states that “in the gas pricing order dated June 20, 2005 effective from July 1, 2005, the government has enunciated a dual pricing regime for different categories of consumers, which is Rs 3,200 per thousand cubic meters to power, fertiliser and court

mandated/small consumers and the market regulated price for all other consumers.”

“The said pricing order does not envisage marketing margin on supplies to any particular category of consumers. Furthermore, there are no new marketing efforts made by GAIL post-June 30, 2005 vis-a-vis any of these consumers,” it said.

GAIL had demanded from IPCL a marketing margin of Rs 222 per thousand cubic meters on the government-administered or APM gas, which it was supplying to IPCL’s plants at Baroda, Gandhar (Gujarat) and Nagathone (Maharashtra).

GAIL had last month stated that “IPCL has not signed the revised gas supply agreement with GAIL after the government pricing order which came into effect from July 1, 2005,” a ground enough to terminate gas supplies.

————————————

Another example of Reliance profiting at the cost of a PSU (read as people of India).

This has been happening so often that it is now evident to every educated person that Reliance Group is out to subjugate our beloved nation.

It is for the people to unite and defeat their evil intentions

RIL’s unfair trade practices with government connivance

Bade Telgi Ka Kamal Friends, You can see how Bada Telgi continues to Con Government And Public Of India. RIL had slight surplus LPG after using most of it for internal consumption and sales to PSUs. This 1,48,000 T is just 0.5% of over 30 Million Ton Jamnagar throughput.

Instead of selling it to PSUs at already contracted rates, it seeks GOI permission to export it but in actual practice wants to sell it PSUs at the import price these PSUs pay for exports, not the

contracted sale price for direct purchase. So many Bada and Chhota Telgis rob India in addition to tax concessions Rs. 1,56,000 crores which Business Standards termed as “Tax Dodges”. We should raise such vital issues at our meetings and groups and pass resolutions against such “Daylight Robbery”. Ravinder Singh Reliance seeks permission for LPG export New Delhi, May 5

http://www.tribuneindia.com/2006/20060506/biz.htm#6

Reliance Industries Ltd, which operates India’s largest refinery at Jamnagarin Gujarat, has sought government permission to export 148,000 tonnes of surplus LPG in May-July. Indian Oil Corp, on behalf of the industry, had last fiscal tied-up several tonnes of LPG imports from

suppliers, including Saudi Aramco of Saudi Arabia and Abu Dhabi National Oil Corp. Industry sources said Reliance wants the IOC, which had tied-up the imports for itself and on behalf of sister public sector oil firms Hindustan Petroleum and Bharat Petroleum, to import the contracted cargoes and the surplus LPG in the system could be exported by RIL from its Jamnagar refinery. “As RIL suffers losses in disposal of LPG import cargoes in the international market, it would be prudent for RIL to plan export of its own produced LPG,” the company wrote to the Petroleum Ministry. Currently, LPG cannot be exported without government nod.

RELIANCE LOOT OF Rs.95OO CRORE ?

Showcause notice for non-payment of additional duty.

The Central Excise and Customs Department today issued a showcause notice to Reliance Industries Ltd, asking the company to explain why action should not be taken against it for unpaid duty amounting to Rs 9,500 crore.

The notice has been issued for non-payment of duty on export of petrol, high-speed diesel and aviation turbine fuel from the company’s Jamnagar refinery during the five-year period from August 31, 2000 to August 31, 2005. The basis of the notice is an observation made by the Comptroller- and Auditor-General’s office in Gujarat.

The CAG has contended that though RIL was exempt from the payment of basic excise duty on export of petroleum products, it has to pay an additional duty on the same.

According to sources, RIL was to pay an additional excise duty at a rate of Re 1 per litre on the exports, which was later raised to Rs 1.50 per litre.

Central excise and Customs sources in Rajkot confirmed that the notice was issued by the department this morning.

“We have issued a notice to the company for the Rs 9,500-crore additional duty on exports made by the company from its Jamnagar refinery,” the sources said.

When contacted by Business Standard, an RIL spokesperson said he would not like to comment on the issue.

With good profit margins, RIL has been exporting a sizeable output of petroleum products from its Jamnagar refinery.

According to RIL’s annual report for the last financial year, the refining business had a net turnover of Rs 48,183 crore against Rs 39,258 crore in 2003-04. RIL exported 10.2 million tonnes of refining products to 30 countries in 2004-05. Iran in West Asia and Brazil in South America are some of RIL’s major markets for diesel and petrol.

The company’s exports of petroleum products are expected to jump significantly once the planned expansion of the Jamnagar refinery, to 60 million tonnes, is completed.

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edited , printed , published & owned by NAGARAJ.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL , MYSORE -570017 INDIA cell :09341820313
home page: http://groups.google.co.in/group/e-clarion-of-dalit/ ,
http://e-clarionofdalit.blogspot.com/ ,
http://in.groups.yahoo.com/group/e-clarionofdalit/ ,
e-mail : nagarajhrw@hotmail.com , naghrw@yahoo.com
a member of AMNESTY INTERNATIONAL INDIA

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