RAID ON CORRUPT POLICE

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

editor: NAGARAJ.M.R………….VOL.1 ISSUE.10……………….07/11/2007

                                        

Editorial : 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 ?

 

 

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

 

1. To stop accepting all government officials  reports , reports as sacrosanct documents , most truthful evidences.
2. to publish wealth details of it’s own staff & all public servants department wise annually with provision for cross verification by public.
3. 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.
4. to initiate legal action for those giving false statements on affidavit.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 .
11. 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.

 

 

 

 

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PRANAM BAPUJI

__________________________________________________

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We at e — voice of human rights watch & e — clarion of dalit salute our FATHER OF NATION — BAPUJI  shri. MOHANDAS KARAMCHAND GANDHI , ON THE OCCASION of WORLD NON- VIOLENCE DAY ie GANDHI JAYANTHI.

 

Our tormentors , occupiers , britishers have been thrown out by the sacrifices of  bapuji , bhagath singh , savarkar , subash Chandra bose , Nehru , patel & numerous other freedom fighters.

 

However in the place of britishers , most worst tormentors , most inhuman cruel people — CORRUPT PUBLIC SERVANTS have come to rule over India , over us. As per constitution of India , law is same for all , law treats all citizens as equals. It is the corrupt public servants , who harass , torture poor innocents in the name of government rule , law , whereas favourably treat rich & mighty criminals by favourably interpreting the  same law.

 

On this holyday of GANDHI JAYANTHI , let us all pledge to fight against  corrupt public servants , in the path shown by bapuji — non-violent , peaceful , democratic struggle. Let us join our hands with the  honest few left in public service.

 

Let us weed out following corrupt persons from society :

 

Corrupt police — who torture innocents , murders innocents in lock-up , fake encounters , who cooks up evidences & frames innocents , who lets off rich criminals by improper investigations  , by closing case with B report , etc.

 

Corrupt public prosecutors — who conduct improper arguments favouring the rich & mighty.

 

Corrupt judges — who sentence innocents to jail , while letting free rich crooks by favourable interpretation of law.

 

Corrupt labour department officials — who connive with  industrialists , traders & make workers suffer in inhuman , dangerous work conditions with grave occupational hazards.

 

Corrupt pollution control board officials — who connive with industrialists to run polluting industries , destroying the health of public &  murdering public.

 

Corrupt tax officials — who connive with industrialists / traders in evading tax , robbing national exchequer.

 

Corrupt revenue officials — who mercilessly demolish hutments , evict poor , tribal people  from public land , whereas legalize , regularize huge land encroachments by rich & mighty.

 

Corrupt corporation / municipal officials -  who allow traders to sell adulterated dangerous food products , colas , juices  to the public , thereby destroying the health of public & murdering them.

 

Corrupt health department officials — who make poor patients suffer for not paying bribe , who deny proper medical care , surgeries , medicines to poor patients for not paying bribe.

 

Corrupt drugs control department officials — who connive with industrialists , manufacturers of medicines producing fake medicines , adulterated medicines & selling it to public , therby destroying the health of public  & murdering public.

 

These corrupt people are the main causes for the genesis of terrorism , naxalism , underworld in India. Let us , come free of all isms , communism , secularism , rightist , leftist movements, etc & respect HUMANISM — RESPECT FOR EACH HUMAN BEING AS A  HUMAN BEING. Let us build ram rajya of bapuji’s vision — TRUE DEMOCRATIC INDIA. This bapuji’s  vision is aptly described by following two poems by great Indian poets. PRANAM BAPUJI , PRANAM BHARATH MAATHA. JAI HIND . VANDE MATARAM.

 

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!  

 

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CROSS EXAM OF HOME MINISTER

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

editor: NAGARAJ.M.R………….VOL.1 ISSUE.9……………….07/10/2007

 

Editorial : CROSS EXAMINATION OF HOME MINISTERS OF  GOI & GOK

 

Our constitution of India , form of governance- democracy ,is one of the best in the world. The law has accepted & guaranteed  the fact that all citizens of India are equal before law. However the law enforcement  personnel –police , tax officials, labour officials , etc enforce law differentially between rich & poor , between those who give bribe & those not. Police , tax officials favourably treat rich & influential criminals favourably, whereas falsely implicate , harass, torture poor innocents. This is the main reason for CRIME RAJ in India. Read the following two cases of injustices , gross human rights violations meated out o two families of old people & provide justice. KINDLY ANSWER THE CROSS-EXAMINATION QUESTIONNAIRE IN THE LARGER PUBLIC INTEREST.

JAI HIND.VANDE MATARAM.

 

Your’s sincerely,

Nagaraj.M.R.

 

AN APPEAL TO NATIONAL HUMAN RIGHTS COMMISSION OF INDIA & DIRECTOR-GENERAL OF POLICE , HARYANA

 

Mr.R.S.JAIN is a retired  army officer & is a resident of baroda city gujarath. He is an old man with old wife & 100% chronically ill disabled son. Mr.das gupta , who is a resident of ahmedabad city gujarath got his daughter ms.shanu married to mr.manish jain ( chronically ill disabled ) son of mr.jain on 01/12/2002 at baroda.

 

On 18/09/2003 , ms.shanu who has left her in-laws house earlier file a case of dowry harassment vide FIR NO: 388 dt 18/09/2003 at P.S CITY JIND HARYANA. As per the complain he alleged offence took place in baroda gujarath bu not in jind Haryana. However , even though they didn’t have the legal jurisdiction over he said case the police got the complaint filed. The police of jind P.S station Haryana came down to baroda , gujarath & without informing , taking legal permission of local police & taking along with the local police , straight away arrested all he family members of old man mr.jain , seized materials from his house , hand cuffed all his family members including he chronically ill disabled son mr.manish , publicly paraded them & took them away to Haryana. They were kept in police custody  for 29 days , even after getting bail the old man’s family was made to travel , shuttle between baroda gujarath & jind Haryana 5 times in a span of 10 days by jind police .as a result of all these ordeal ,mental torture chronically ill, 100% disabled  mr.manish died during the pendency of the case.

 

The district court of jind & Haryana high court  , finally recorded the failures of police & acquitted all the family members of old man mr.jain from charges. The supreme court has ruled that , nobody should be hand cuffed unless there are possibilities of arrested running away. The old man mr.jain has done honours by serving Indian army , is an old man & a law abiing citizen. Why his family was hand cuffed & publicly paraded ? why complaint as filed in jind P.S CITY HARYANA eventhough they didn’t have jurisdiction  over the alleged crime committed in baroda  gujarath ? why jind police didn’t take legal permission of baroda police before arresting the accussed at baroda & seizing materials from their house ? why didn’t they mention all the seized materials in proper legal format  & deposit it in police station? Why jind police went beyond legal boundaries & acted illegally ? the police themselves must respect law first & then enforce It on public. The police do have legal powers to investigate & arrest persons needed for investigations. But they don’t have powers to torture , punish persons whether complainants or accussed . it is the court of law which decides who is culprit & gives appropriate punishment.

 

As a result of inhuman , illegal actions of jind , Haryana police old man mr.jain’s family has suffered more ,lost their son , lost their social prestige. What action against jind  Haryana police by NHRC & DGP OF HARYANA ?   kindly refer NHRC case no : 136/6/25/2007-08 & jain’s petition to DGP of HARYANA dt 24/04/2007.

 

Court Repreive for

harrassed flat owner

Kartkeya / Tnn

Mumbai: When Indur Kartar Chhugani heard that a flat in his building was being sold by two banks because its earlier owner Rajkumar Basantani, had defaulted on his loan repayment, he had no clue that he would end up in police custody or that he will have to take his battle to Bombay high court.     Chhugani bought the flat at Pinky Panorama Housing Society at Khar (West) after Punjab National Bank and Bharat Overseas Bank Limited floated a tender for its sale in January 05. He made a full payment of Rs 51 lakh for the flat and got possession on February 27, 2005 from Mihir Dutta, one of the bank’s manager.      In March 2005, Chhugani (58) got a rude shock when Inspector Mehboob Inamdar from the Economic Offences wing (EOW) of Mumbai Police told him that cases pertaining to the flat were still pending in an MPID court and alleged that that Chhugani was staying illegally in it. Chhugani rushed to the court where his problems were only compounded.        Inamdar told the court that he had sealed the flat on February 8, 2005 and that Chhugani had broken the seal. Even Dutta and another manager R. Srinivasan sided with Inamdar though they themselves had shown the flat to Chhugani on February 11.        A case of house breaking was registered with Khar Police Station against Chhugani and he was arrested on March 28, 2005 and sent to Police custody. Chhugani filed a affidavit accusing  nspector Arun Walzade of demanding a bribe of Rs 50,000 to set him free. He further alleged that Walzade tried to misbehave with his wife, when she came to the Police Station. Chhugani said that he was further

humiliated by Walzade, when he brought him to court in handcuffs.        It was only when Chhugani petitioned the MPID court several times after his release to represent his side of the  story that Dutta accepted oin April 2005 that there had been no EOW seal to begin with. The trial court order in January 2006 allowed Chhugani to remain in the flat and noted there was no order to seal the flats and the Banks had concealed certain facts from the court Nearly a year, after Indur Kartar Chhugani was told that he was staying ‘illegally’ in his own house at Khar, the court last week disposed of the case in his favour .        Fed up with harassment at the hands of the police and bank officials, Chhugani filed a writ in the Bombay high court, which admitted his plea and stayed proceedings in the case filed against him at Khar police station. In the writ petition , Chhugani asked for action against Walzade for allegedly seeking abribe and outraging the modesty of his wife. He also said Inamdar, Dutta, Srinivasan and other Bank managers in the deal be booked for committing perjury in the MPID court which they misled it by saying the flat had been sealed by EOW. The Punjab National Bank , however, continue with its efforts to oust Chhugani from the flat. It even filed a petition in the high court this year seeking a re-hearing of the criminal case which took place in the MPID court. But last week, the high court upheld Chhugani’s lawyers objection to the bank’s plea and disposed of the matter saying the bank could file an appeal instead.

 

  (the above report appeared in The Times Of India, page 11 on July 24, 2006. So I struggled fighting the bogus case in Sessions court and high court for 17 months. The matter has not ended, because in contempt of the high court order, staying all proceedings, the Khar Police filed a chargesheet, so a contempt application has been filed against police in high court… it is pending…The police hope to get away by giving an apology… Meanwhile the threats from Police keep coming) — ik chhugani ( suffering old man )

 

 

CROSS – EXAMINATION OF HONOURABLE UNION HOME MINISTER GOVERNMENT OF INDIA & HONOURABLE HOME MINISTER GOVERNMENT OF KARNATAKA

 

APPLICATION  FOR INFORMATION AS PER  RTI ACT 2005   ( SEE RULE 22 OF RTI ACT 2005 ) OF GOI  &   RTI ACT 2005  ( SECTION 6 (1) & 7 (1) )OF GOK

 

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.

 

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

 

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

 

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

 

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

 

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

 

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ? ( new addition )

 

Q7.  If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?

 

Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?

 

Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?

 

Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?

 

Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?

 

Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?

 

Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?

 

 

Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?

 

Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?

 

Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank  , misused public money through one of their NGO. Is it true ?

 

Q17.has GOI funded any terrorist outfits in india or abroad ?

 

Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI  funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI  has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?

 

Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?

 

Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?

 

Q21.in india, TADA , POTA is being  rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people  with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?

 

Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?

 

Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?

 

Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate  selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in  dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing ?

 

Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?

 

Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?

 

Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?

 

Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?

 

Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?

 

Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?

 

Q31. Why no action , reply regarding the complaint till date ?

 

Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?

 

Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?

 

Q34. What is the time limit for home ministry to give sanction for the prosecution of  tainted constitutional functionaries ?

 

Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?

 

Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?

 

Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?

 

Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?

 

Q39. How many MP , MLA ,       other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?

 

Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?

 

Q41. In india , how many MPs , MLAs  , MLCs are of foreign origin or have a spouse of foreign origin ?

 

Q42.  Does smt. Sonia Gandhi have citizenship of any other country ?

 

Q43. Did she occupy any public office while enjoying dual citizenship ?

 

Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?

 

Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?

 

Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.Mrajiv gandhi’s family received money from foreign intelligence agencies ?

 

Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?

 

Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?

 

Q49. What action by the government ?

 

Q50. How many Indians are in the custody of police / military in various foreign countries ?

 

Q51. How many foreigners are there in Indian prisons ?

 

Q52. How GOI is protecting the human rights of these prisoners ?

 

Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?

 

Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3^rd degree torture ?

 

Q55. How many cases has been filed since 1987 till date ?

 

Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3^rd degree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?

 

Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?

 

Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?

 

Q59. What is the amount of coverage to a police constable & his family ?

 

Q60. Who makes the premium contributions ?

 

Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?

 

Q62. Is the government giving any training to police personnel in public interaction , human rights ?

 

Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?

 

Q64. What is the ratio of police personnel to total population in india since 1987 ?

 

Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?

 

Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?

 

Q67. Is it not right to put it under impartial control of NHRC or like bodies ?

 

Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.

 

Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?

 

Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?

 

Q71. How many cases of  allegations against judges were made in the media about misuse of office , criminal acts  by judges from munsiff court to supreme court of India ? since 1947 till date

 

Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?

 

Q73. what action has been taken against guilty judges ?

 

Q74. are the guilty judges legally prosecuted  in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?

 

Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?

 

Q76. are judges above law ? are not everybody equal before law ?

 

Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?

 

Q78. how ? if not why ?

 

Q79. how do the judiciary monitor the  net wealth growth  of some judges including the wealth in the name of judge’s family members ?

 

Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?

 

Q81. how does the judiciary verifies those statements ?

 

Q82. is such statements made public , on web ?

 

Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?

 

Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges  are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?

 

Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted  prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?

 

Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?

 

Q87. when a person under police custody or judicial custody suffer 3^rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?

 

Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3^rd degree torture , on charges of attempt to murder & murder ? if not why ?

 

Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till may 2007 , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

 

Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

 

Q91. when a person doesn’t get adequate food , medical care  while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?

 

Q92. how judiciary is monitoring food & medical care to prisoners ?

 

Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

 

Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

 

Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

 

Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

 

Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

 

Q98. what is the criteria adopted for promotion of judges ?

 

Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?

 

Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of  commissions , etc ?

 

Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women  are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

 

Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

 

Q103. are not these measures a failure , looking at present state of affairs of judiciary ?

 

Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?

 

Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

 

Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

 

Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it  right & just to provide premium health care to judges , constitutional functionaries at  5-star private hospitals in India , abroad , all  at tax payer’s expense ?

 

Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

 

Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

 

Q110. why numerous appeals for PIL by me , were not considered ?

 

Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?

 

Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?

 

Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?

 

Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

 

Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the  needy ? is it not needy person’s rights violation ?

 

Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

 

Q117. is the use of 3^rd degree torture by police  on prisoners , during the police custody / judicial custody / prison sentence  right ? what action ?

 

Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

 

Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

 

Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

 

Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

 

Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

 

Q123. what are the status of  my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :

 

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

 

Q124. the appeals made to the honourable supreme court of India  , copies of which are available at following web pages :

 

http://groups.yahoo.com/group/naghrw/message/182 ,

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

http://groups.yahoo.com/group/naghrw/message/208 ,

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

http://groups.yahoo.com/group/naghrw/message/209 ,

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

what are the status of those appeals ?

 

Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India  & citizens of India. How you are protecting the  honour of the judiciary , constitution of India & citizens of India ? please answer.

 

Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?

 

Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.

 

Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?

 

Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?

 

Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?

 

Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?

 

Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?

 

Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option ,  to occupy any constitutional office ? ( new addition )

 

Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ? ( new addition )

 

Q134. in how many cases GOI & other state government continued with the  prosecution AGAINST OUR FREEDOM FIGHTERS ? why ? ( new addition )

 

Q135. what about cases against shri.netaji subash Chandra bose ? ( new addition )

 

Q136. has  GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ?  if yes , why , whom ? ( new addition )

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1987.

 

ENCLOSED : IPO NO 48C 869291 DT 27/04/2007 FOR RUPEES  FIVE PLUS     IPO NO 48C 869292 DT 27/04/2007 FOR  TOTAL RUPEES TEN ONLY for PIO  DG & IGP , GOK , BANGALORE  AND  IPO NO 48C 869293 & 48C 869294 TOTALLY FOR TEN RUPEES FOR  PIO UNION HOME MINISTRY , GOI , NEW DELHI

 

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :

PUBLIC INFORMATION OFFICER , O/O  HOME SECRETARY, UNION HOME MINISTRY , GOI  , NEW DELHI.

PUBLIC INFORMATION OFFICER , O/O DG & IGP .  GOK , BANGALORE

 

 

 DATE  :  15/09/2007               NAGARAJ.M.R.

 PLACE  : MYSORE                  (APPLICANT)

 

 

 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

 

ACCOUNTABILITY OF INDIAN POLICE & JUDGES

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

editor: NAGARAJ.M.R………….VOL.1 ISSUE.8……………….07/09/2007

Editorial : APPEAL – ACCOUNTABILITY OF INDIAN POLICE & JUDGES

Respected madam / sir ,

 Hereby , we do seek the kind intervention of your good offices in the interest  of justice , to stop common people’s human rights / fundamental rights violations , & to enable them to perform their constitutionally prescribed fundamental duties.

 KINDLY PROVIDE INFORMATION REQUESTED FOR IN THE INTEREST OF JUSTICE.

Thanking you. JAI HIND. VANDE MATARAM.

 

 Your’s sincerely,

NAGARAJ.M.R.

 

APPLICATION  FOR INFORMATION AS PER  RTI ACT 2005   ( SEE RULE 22 OF RTI ACT 2005 ) OF GOI  &                       RTI ACT 2005  ( SECTION 6 (1) & 7 (1) )OF GOK

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.

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

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

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

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

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

Q7.  If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?

Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?

Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?

Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?

Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?

Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?

Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?

Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?

Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?

Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank  , misused public money through one of their NGO. Is it true ?

Q17.has GOI funded any terrorist outfits in india or abroad ?

Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI  funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI  has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?

Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?

Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?

Q21.in india, TADA , POTA is being  rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people  with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?

Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?

Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?

Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate  selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in  dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing ?

Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?

Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?

Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?

Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?

Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?

Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?

Q31. Why no action , reply regarding the complaint till date ?

Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?

Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?

Q34. What is the time limit for home ministry to give sanction for the prosecution of  tainted constitutional functionaries ?

Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?

Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?

Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?

Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?

Q39. How many MP , MLA ,       other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?

Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?

Q41. In india , how many MPs , MLAs  , MLCs are of foreign origin or have a spouse of foreign origin ?

Q42.  Does smt. Sonia Gandhi have citizenship of any other country ?

Q43. Did she occupy any public office while enjoying dual citizenship ?

Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?

Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?

Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.Mrajiv gandhi’s family received money from foreign intelligence agencies ?

Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?

Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?

Q49. What action by the government ?

Q50. How many Indians are in the custody of police / military in various foreign countries ?

Q51. How many foreigners are there in Indian prisons ?

Q52. How GOI is protecting the human rights of these prisoners ?

Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?

Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3^rd degree torture ?

Q55. How many cases has been filed since 1987 till date ?

Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3^rd degree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?

Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?

Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?

Q59. What is the amount of coverage to a police constable & his family ?

Q60. Who makes the premium contributions ?

Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?

Q62. Is the government giving any training to police personnel in public interaction , human rights ?

Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?

Q64. What is the ratio of police personnel to total population in india since 1987 ?

Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?

Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?

Q67. Is it not right to put it under impartial control of NHRC or like bodies ?

Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.

Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?

Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?

Q71. How many cases of  allegations against judges were made in the media about misuse of office , criminal acts  by judges from munsiff court to supreme court of India ? since 1947 till date

Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?

Q73. what action has been taken against guilty judges ?

Q74. are the guilty judges legally prosecuted  in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?

Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?

Q76. are judges above law ? are not everybody equal before law ?

Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?

Q78. how ? if not why ?

Q79. how do the judiciary monitor the  net wealth growth  of some judges including the wealth in the name of judge’s family members ?

Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?

Q81. how does the judiciary verifies those statements ?

Q82. is such statements made public , on web ?

Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?

Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges  are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?

Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted  prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?

Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?

Q87. when a person under police custody or judicial custody suffer 3^rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?

Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3^rd degree torture , on charges of attempt to murder & murder ? if not why ?

Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

Q91. when a person doesn’t get adequate food , medical care  while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?

Q92. how judiciary is monitoring food & medical care to prisoners ?

Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

Q98. what is the criteria adopted for promotion of judges ?

Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?

Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of  commissions , etc ?

Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women  are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

Q103. are not these measures a failure , looking at present state of affairs of judiciary ?

Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?

Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it  right & just to provide premium health care to judges , constitutional functionaries at  5-star private hospitals in India , abroad , all  at tax payer’s expense ?

Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

Q110. why numerous appeals for PIL by me , were not considered ?

Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?

Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?

Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?

Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the  needy ? is it not needy person’s rights violation ?

Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

Q117. is the use of 3^rd degree torture by police  on prisoners , during the police custody / judicial custody / prison sentence  right ? what action ?

Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

Q123. what are the status of  my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

Q124. the appeals made to the honourable supreme court of India  , copies of which are available at following web pages :

http://groups.yahoo.com/group/naghrw/message/182 ,

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

http://groups.yahoo.com/group/naghrw/message/208 ,

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

http://groups.yahoo.com/group/naghrw/message/209 ,

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

what are the status of those appeals ?

Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India  & citizens of India. How you are protecting the  honour of the judiciary , constitution of India & citizens of India ? please answer.

Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?

Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.

Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?

Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?

Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?

Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?

Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1987.

ENCLOSED : IPO NO 48C 869291 DT 27/04/2007 FOR RUPEES  FIVE PLUS     IPO NO 48C 869292 DT 27/04/2007 FOR  TOTAL RUPEES TEN ONLY for PIO  DG & IGP , GOK , BANGALORE  AND

 IPO NO 48C 869293 & 48C 869294 TOTALLY FOR TEN RUPEES FOR  PIO UNION HOME MINISTRY , GOI , NEW DELHI

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :

PUBLIC INFORMATION OFFICER , O/O  HOME SECRETARY, UNION HOME MINISTRY , GOI  , NEW DELHI.

PUBLIC INFORMATION OFFICER , O/O DG & IGP .  GOK , BANGALORE

 

 DATE  :  15/09/2007               NAGARAJ.M.R.

 PLACE  : MYSORE                  (APPLICANT)

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

HANG CORRUPT JUDGES , CORRUPT POLICE TO LAMP POSTS

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

editor: NAGARAJ.M.R………….VOL.1 ISSUE.7……………….07/08/2007

 

Editorial :HANG CORRUPT JUDGES , CORRUPT POLICE , CORRUPT TAX OFFICIALS… TO LAMP POSTS

-         Another independence  struggle in India needed ?

 

After 60 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, HRW 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 HRW & obstructed him from performing his fundamental duties. Still, HRW believes in peace , democratic practices. HRW firmly believes that violence should not be practiced by anybody – neither  state nor public.

 

Hereby, HRW 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 61^st 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.

 

False Affidavits , Information Hiding – Crimes of supreme court of India & Public Servants

 

Many public servants are leading luxurious lifestyles , beyond the legal sources of their income. Many public servants are filing false affidavits about their annual income , wealth details to Election Commission of India / Vigilance Commission / other authorities , as the case may be. These authorities are not properly verifying these affidavits . many scams , scandals are coming to light day in & day out , politicians are accussing each other of involvement in scams. Whereas , the said authorities are keeping mum , as if those affidavits filed by tainted public servants are true.

 

The tainted public servants are not even providing full , right information to public as per RTI Act, lest the truth come out. Just imagine , even the supreme court of India violated RTI Act – failed to give information to our publication as per RTI Act , lest the truth – skeletons in judiciary comes out.

 

Some public servants , caught redhanded during luxurious spending , easily says that it is at their political paty’s expense or their well wisher’s expense. However no entries are found in the account books of said parties to that respect. The law forbids public servants from accepting gifts , hospitality , favours beyond the value of rupees one hundred  ( Rs. 100 ) , as it may be a form of bribe.

 

Hereby , HRW urges the honourable supreme court of India , to enforce RTI Act , annual filing of affidavits by public servants , fool-proof verification of those affidavits by public committees comprising ordinary citizens as mandatory encompassing all public offices. As a first step , it must be enforced to judges , police personnel & tax officials . then alone , many socio-economic problems , corruption in India can be solved.

 

AN APPEAL TO Shri. Sunil Thomas , Registrar , Supreme Court Of India

 

Honourable sir,

 

Subject : appeal for information as per RTI  Act

 

Reference no ; Dy .no.199/RTI/2007  Shri.Ashok Kumar , addl registrar & CPIO ,Supreme Court of India’s  letter dated july 19, 2007

 

The additional registrar & CPIO of  supreme court of  India has not provided information to me as per RTI Act except in one point with respect to filing of PILs. This act amounts to violation of RTI Act & violation of my fundamental rights as well as human rights.

 

Hereby , I do appeal to you to give me full information  as requested in my written application ,  a soft copy of the application is provided below. Thanking you.

 

Your’s sincerely,

Nagaraj.M.R.

 

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.     cell- 09341820313

 

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.

 

Q1. How many cases of  allegations against judges were made in the media about misuse of office , criminal acts  by judges from munsiff court to supreme court of India ? since 1947 till date ?

 

Q2. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?

 

Q3. what action has been taken against guilty judges ?

 

Q4. are the guilty judges legally prosecuted  in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?

 

Q5. why some high ranking judges are not legally prosecuted for their wrong doings ?

 

Q6. are judges above law ? are not everybody equal before law ?

 

Q7. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?

 

Q8. how ? if not why ?

 

Q9. how do the judiciary monitor the  net wealth growth  of some judges including the wealth in the name of judge’s family members ?

 

Q10. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?

 

Q11. how does the judiciary verifies those statements ?

 

Q12. is such statements made public , on web ?

 

Q13. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?

 

Q14. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges  are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?

 

Q15. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted  prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?

 

Q16. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?

 

Q17. when a person under police custody or judicial custody suffer 3^rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?

 

Q18. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3^rd degree torture , on charges of attempt to murder & murder ? if not why ?

 

Q19. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

 

Q20. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

 

Q21. when a person doesn’t get adequate food , medical care  while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?

 

Q22. how judiciary is monitoring food & medical care to prisoners ?

 

Q23. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

 

Q24. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

 

Q25. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

 

Q26. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

 

Q27. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

 

Q28. what is the criteria adopted for promotion of judges ?

 

Q29. what is the criteria adopted for appointment of advocates from bar , as the judges ?

 

Q30. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of  commissions , etc ?

 

Q31. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women  are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

 

Q32. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

 

Q33. are not these measures a failure , looking at present state of affairs of judiciary ?

 

Q34. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?

 

Q35. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

 

Q36. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

 

Q37. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it  right & just to provide premium health care to judges , constitutional functionaries at  5-star private hospitals in India , abroad , all  at tax payer’s expense ?

 

Q38. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

 

Q39. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

 

Q40. why numerous appeals for PIL by me , were not considered ?

 

Q41. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?

 

Q42. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?

 

Q43. what is the criteria adopted by judiciary , for initiating suo-motto action ?

 

Q44. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

 

Q45. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the  needy ? is it not needy person’s rights violation ?

 

Q46. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

 

Q47. is the use of 3^rd degree torture by police  on prisoners , during the police custody / judicial custody / prison sentence  right ? what action ?

 

Q48. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

 

Q49. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

 

Q50. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

 

Q51. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

 

Q52. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

 

Q53. what are the status of  my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

 

Q54. the appeals made to the honourable supreme court of India  , copies of which are available at following web pages :

http://groups.yahoo.com/group/naghrw/message/182 ,

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

http://groups.yahoo.com/group/naghrw/message/208 ,

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

http://groups.yahoo.com/group/naghrw/message/209 ,

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

what are the status of those appeals ?

 

Q55. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India  & citizens of India. How you are protecting the  honour of the judiciary , constitution of India & citizens of India ? please answer.

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

 

ENCLOSED : IPO NO 48C 869282 DT 27/04/2007 FOR RUPEES  FIVE PLUS

         IPO NO 48C 869283 DT 27/04/2007 FOR RUPEES FIVE = TOTAL RUPEES TEN ONLY

 

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :

PUBLIC INFORMATION OFFICER , O/O  HONOURABLE CHIEF JUSTICE OF INDIA ,

HONOURABLE SUPREME COURT OF INDIA , NEW DELHI.

 

DATE  :27/04/2007       NAGARAJ.M.R.

 

PLACE  :MYSORE        (APPLICANT)

 

 

CRIMES COMMITTED BY LAW COURTS IN INDIA – charge sanjay dutt with TADA – An appeal to honourable supreme court of India

 

 hereby, HRW  appeals to the honourable supreme court of India to review the sentence given to cine actor mr.sanjay dutt. He is charged under illegal possession of arms , the stand of prosecution is biased . the culprit cine actor kept the arms knowing fully well for what purpose it is being kept , he had had regular contacts with anti-national underworld elements. Still he is not charged under either TADA or MOCA WHY ? WHERE AS ORDINARY CRIMINALS WHO HAVE DONE LESSER QUANTUM OF CRIME THAN HIM ARE CHARGED WITH TADA & PUNISHED SEVERALLY. WHY THIS DOUBLE STANDARDS BY THE JUDICIARY ? HEREBY , hrw also appeals to honourable supreme court of  india to make public the transcript of  underworld don abu salem’s polygraph test , did sanjay dutt had any links with abu salem or other anti national elements ? how many film stars , sportspersons & politicians have regular contacts with underworld elements more specifically dawood ibrahim & chota rajan and  how many of them have attended parties hosted by them in gulf countries ?

 

 

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 cann’t secure bail on personal bond. The poor chap’s 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 3^rd 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 don’t 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 VVIPs. 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  HRW has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest  few judges seeking justice to the common folk.

 

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

CORRUPTION , JUDGES , POLICE & INDIA

 

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

editor: NAGARAJ.M.R………….VOL.1 ISSUE.6……………….07/07/2007

editorial : AN APPEAL

 

Dear madam / sir ,

 

Herby , we do seek the kind intervention of your good offices in the interest  of justice , to stop common people’s human rights / fundamental rights violations , & to enable them to perform their constitutionally prescribed fundamental duties.

 

Case details can be read at the following web pages. Due to space constraint, full text is not reproduced here. Thanking you.

 

Your’s sincerely,

NAGARAJ.M.R.

WHAT IS THE PRICE OF CORRUPT JUDGES ? – http://groups.yahoo.com/group/naghrw/message/197

NARCO ANALYSIS RIGHT OR WRONG ? http://groups.yahoo.com/group/naghrw/message/16 

ABOLISH CAPITAL PUNISHMENT – http://groups.yahoo.com/group/naghrw/message/178

3^RD DEGREE TORTURE BY POLICE- http://groups.yahoo.com/group/naghrw/message/215

ROWDIES IN UNIFORM – http://groups.yahoo.com/group/naghrw/message/185

FAKE ENCOUNTERS , LOCK-UP DEATHS- http://groups.yahoo.com/group/naghrw/message/215 

OPEN YOUR EYES- SUPREME COURT OF INDIA – http://groups.yahoo.com/group/naghrw/message/220

CROSS-EXAMINATION OF CHIEF JUSTICE OF INDIA – http://groups.yahoo.com/group/naghrw/message/221

CRIMES OF SUPREME COURT OF INDIA – http://groups.yahoo.com/group/naghrw/message/222

CORRUPT JUDGES OF INDIA – http://groups.yahoo.com/group/naghrw/message/225

ANTI-DALIT PRIVATE INSTITUTES – http://groups.yahoo.com/group/naghrw/message/211    

O’JIHADI , TERRORIST- http://groups.yahoo.com/group/naghrw/message/172

SHOW-CAUSE NOTICE TO VVIPs- http://groups.yahoo.com/group/naghrw/message/206

 

 

Corrupt judges of India

False Affidavits , Information Hiding – Crimes of supreme court of India & Public Servants

 Many public servants are leading luxurious lifestyles , beyond the legal sources of their income. Many public servants are filing false affidavits about their annual income , wealth details to Election Commission of India / Vigilance Commission / other authorities , as the case may be. These authorities are not properly verifying these affidavits . many scams , scandals are coming to light day in & day out , politicians are accussing each other of involvement in scams. Whereas , the said authorities are keeping mum , as if those affidavits filed by tainted public servants are true.

 

The tainted public servants are not even providing full , right information to public as per RTI Act, lest the truth come out. Just imagine , even the supreme court of India violated RTI Act – failed to give information to our publication as per RTI Act , lest the truth – skeletons in judiciary comes out.

 

Some public servants , caught redhanded during luxurious spending , easily says that it is at their political paty’s expense or their well wisher’s expense. However no entries are found in the account books of said parties to that respect. The law forbids public servants from accepting gifts , hospitality , favours beyond the value of rupees one hundred  ( Rs. 100 ) , as it may be a form of bribe.

 

Hereby , HRW urges the honourable supreme court of India , to enforce RTI Act , annual filing of affidavits by public servants , fool-proof verification of those affidavits by public committees comprising ordinary citizens as mandatory encompassing all public offices. As a first step , it must be enforced to judges , police personnel & tax officials . then alone , many socio-economic problems , corruption in India can be solved.

Crimes of supreme court of India

Crimes of Supreme Court Of India – RTI Act violations , constitutional rights & Human rights violations by supreme court of india

the public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too apex court of the land itself commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to committ more crimes. that is exactly what is happenning in india. the educated public must raise to the occassion & peacefully , democratically  must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

 

 

CROSS–EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA

-         SUPREME COURT OF INDIA IN THE WITNESS BOX

 

In a democratic country like india , when ever people suffer injustice they go to government officials seeking justice . when they don’t get justice there , they appeal to their peoples representatives – MPs , MLAs seeking justice . still , if they don’t get justice people appeal to law courts seeking justice. Now , criminalization of bureaucracy & politics is almost complete in India , people are not getting justice , their grievances are not getting redressed. However , nowadays we are seeing reports of corruption , malpractices of judges  in the media. In this backdrop  our publication appealed to the ultimate saviour of law , custodian of constitutional rights the honourable SUPREME COURT OF INDIA bringing before it various cases of injustices , human rights / fundamental rights violations concerning public involving public interest  , threat to life of editor & his family members , etc. there was no reply , no action till date.

 

As a last resort , our publication sought information as per RTI ACT 2005 , following information from the honourable supreme court of India. The public information officer has declined to give information except in one with regard to PIL filing conditions ( vide letter no : Dy no.199/RTI/2007 dated may 25 , 2007). an ordinary criminal doesn’t speak out because he is afraid that truth will come out & he hides or destroys all evidences . In the same manner , the government officials are violating RTI act in one way or the other , all with the objective to hide information or else their criminal acts will become public. In the same manner , the P.I.O of  honourable supreme court of India is hiding the information , all with the objective to hide the crimes of some judges & to shield the guilty judges. What is the difference between petty criminals & these officials of judiciary ?

 

Our publication has highest respect for  the judiciary & all constitutional authorities. It is the corrupt  officials in those very same departments who are bringing disgrace to the very offices they occupy. This is our humble appeal to the honourable chief justice of India , honest few among the judiciary to cleanse the system , to uphold the dignity  & sanctity of the judiciary or else where the common people has to go seeking justice.

 

Hereby , we  do humbly request the  honourable chief justice of India , to answer the following questions , to provide information as per RTI ACT 2005 , in the larger public interest. A copy of our application seeking information is provided below.

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.

 

Q1. How many cases of  allegations against judges were made in the media about misuse of office , criminal acts  by judges from munsiff court to supreme court of India ? since 1947 till date ?

 

Q2. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?

 

Q3. what action has been taken against guilty judges ?

 

Q4. are the guilty judges legally prosecuted  in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?

 

Q5. why some high ranking judges are not legally prosecuted for their wrong doings ?

 

Q6. are judges above law ? are not everybody equal before law ?

 

Q7. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?

 

Q8. how ? if not why ?

 

Q9. how do the judiciary monitor the  net wealth growth  of some judges including the wealth in the name of judge’s family members ?

 

Q10. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?

 

Q11. how does the judiciary verifies those statements ?

 

Q12. is such statements made public , on web ?

 

Q13. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?

 

Q14. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges  are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?

 

Q15. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted  prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?

 

Q16. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?

 

Q17. when a person under police custody or judicial custody suffer 3^rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?

 

Q18. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3^rd degree torture , on charges of attempt to murder & murder ? if not why ?

 

Q19. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

 

Q20. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

 

Q21. when a person doesn’t get adequate food , medical care  while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?

 

Q22. how judiciary is monitoring food & medical care to prisoners ?

 

Q23. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

 

Q24. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

 

Q25. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

 

Q26. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

 

Q27. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

 

Q28. what is the criteria adopted for promotion of judges ?

 

Q29. what is the criteria adopted for appointment of advocates from bar , as the judges ?

 

Q30. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of  commissions , etc ?

 

Q31. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women  are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

 

Q32. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

 

Q33. are not these measures a failure , looking at present state of affairs of judiciary ?

 

Q34. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?

 

Q35. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

 

Q36. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

 

Q37. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it  right & just to provide premium health care to judges , constitutional functionaries at  5-star private hospitals in India , abroad , all  at tax payer’s expense ?

 

Q38. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

 

Q39. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

 

Q40. why numerous appeals for PIL by me , were not considered ?

 

Q41. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?

 

Q42. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?

 

Q43. what is the criteria adopted by judiciary , for initiating suo-motto action ?

 

Q44. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

 

Q45. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the  needy ? is it not needy person’s rights violation ?

 

Q46. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

 

Q47. is the use of 3^rd degree torture by police  on prisoners , during the police custody / judicial custody / prison sentence  right ? what action ?

 

Q48. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

 

Q49. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

 

Q50. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

 

Q51. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

 

Q52. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

 

Q53. what are the status of  my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

 

Q54. the appeals made to the honourable supreme court of India  , copies of which are available at following web pages :

http://groups.yahoo.com/group/naghrw/message/182 ,

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

http://groups.yahoo.com/group/naghrw/message/208 ,

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

http://groups.yahoo.com/group/naghrw/message/209 ,

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

what are the status of those appeals ?

 

Q55. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India  & citizens of India. How you are protecting the  honour of the judiciary , constitution of India & citizens of India ? please answer.

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

 

ENCLOSED : IPO NO 48C 869282 DT 27/04/2007 FOR RUPEES  FIVE PLUS

         IPO NO 48C 869283 DT 27/04/2007 FOR RUPEES FIVE = TOTAL RUPEES TEN ONLY

 

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED UBLIC INFORMATION OFFICER , O/O  HONOURABLE CHIEF JUSTICE OF INDIA ,HONOURABLE SUPREME COURT OF INDIA , NEW DELHI.

 DATE  :  27/04/2007                    NAGARAJ.M.R.

 PLACE  : MYSORE                      (APPLICANT)

 

 

BMW Expose – pointer to failure of indian judicialsystem

- OPEN YOUR EYES SUPREME COURT OF INDIA

 

Recent  NDTV BMW Expose points towards , how rottenour judicial system has become. In a democracy like India , for a common man  judiciary is the last saviour . When thatsaviour himself becomes a demon , to whom he should turn . the said case pointtowards cases involving rich & mighty , whether it is a criminal case ,civil or tax cases , etc , when rich & mighty are involved they purchaseboth defence & prosecution side involving witnesses , governmentofficials  testifying. Those who don’tfall into their lines  are threatened ,assaulted & even murdered.  As awhole the judicial process is derailed. The honest judge who is presiding overthe case remains as a mute spectator & forced to acquit the criminal forfailure of prosecution , for lack of evidences. In some cases , the judgesthemselves are also corrupt , which makes the job much easier for the rich& mighty criminals to go scot-free.

 

Take thecase of editor of e – voice of human rights watch , inspite of suffering numerousinjustices , physical assaults , murder attempts , etc  and repeated appeals to the authoritiesincluding the chief justice of India & president of India , justice is nowhere in sight , police have repeatedly enquired the sufferer of injustice butthey never questioned the perpetrators of injustices. It is the constitutionalduty of president of India &chief justice of India as custodians of law , to safe guard thefundamental rights & human rights of every Indian citizen , but till datethey have failed to do their duty. The supreme court of India has evenfailed to provide information , reply to the application dated 27/04/2007  of editor of this publication seeking  information as per RTI Act 2005.  All theseactions & inactions of supreme court of India & president of India , has emboldened the rich & mightycriminals that they can do any thing in India & go scot-free. In thisback drop , further if any thing untoward happens to editor  of e – voice of human rights watch  or to his family members , to his dependents ,IT IS H.E.PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA WHO WILLBE BOTH RESPONSIBLE FOR IT.

 

What  is needed is protection of witnesses , protectionof both defense & prosecution side witnesses , transparency in the judicialsystem , accountability of judges & advocates , code of conduct foradvocates & judges. By these measures alone , we can protect & respect  our constitution of India , citizen’s rights.

 

WHAT IS THE PRICE OF SOME CORRUPT INDIAN JUDGES ???

In the past there were media reports about judges selling judicial orders like bail , acquittal , warrant , etc for a price. We have read about judges lifting furnitures from govt bungalow , judges attempting to rape a victim for giving favourable judgement , judge involved in murder attempt , judge cleaning his official chamber with ganga water as it was previously occupied by a judge belonging to backward caste , judge misusing medical reimbursement allowance , judge filing fase affidavit , newly appointed women judges paying back for the favours received in an immoral manner to the selectors ie high court judges , etc. Indian judiciary is no better than outside civil society , it is just a reflection of it. It is rotten & corrupt. When ever a voice is raised against the corrupt judges that is silenced by contempt proceedings. Right from munsiff Judges , quasi-judicial officers like magistrates , to the apex court corruption is wide spread. Some of them are utterly wealthy & leading luxurious lifestyles much beyond the scope of their legal income.

HRW has brought to the notice of apex court, numerous cases of crimes by rich & mighty . no reply from apex court. HRW editor himself has suffered numerous fundamental & human rights violations perpetrated by
rich & mighty to silence him . HRW has appealed about that too to the apex court , no reply. HRW editor was not permitted to appear before JAIN COMMISSION OF ENQUIRY & the court , probing late P.M.Rajiv Gandhi assassination case , as an amicus curie. As a result of raising his voice against injustices , HRW editor was beaten up & attempts to murder him were made , his newspaper publications were closed , his home page was hacked , free web blog services were abruptly stopped , government jobs he was eligible to on merit – were denied to him by manipulation. HRW & his family were threatened of false fix-ups in cases , 3rd degree torture by police. Inspite of bringing all these issues to the notice of apex court – there is no reply nor any action. Police are not registering my complaints about this issue nor legal services authority are giving legal aid to me , about these issues.

It proves some officials in the apex court are hand in glove with the criminal nexus. WHAT IS THE PRICE TAKEN BY SUCH JUDGES FROM CRIMINALS , FOR KEEPING MUM ??? HRW has utmost respect for the judiciary. There are few honest judges in the judiciary by whom only the wheel of democracy is turning in india , we salute those honest few. This is an appeal to bring to book criminals in the garb of judges, who are
hiding behind legal immunity privileges & making money. I , e-Voice Of  Human Rights Watch’s Editor nagaraj.M.R. hereby do offer my services ( subject to conditions ) in bringing to book the corrupt elements in judiciary. Are you ready honourable chief justice of india sir ?

 

 

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 defence 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 defence & 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 favour 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?

 

 

DEATH PENALTY RIGHT OR WRONG ?  AN APPEAL TO H.E.PRESIDENT OF INDIA & ALL HUMANE PERSONS

 

WHY DO WE KILL PEOPLE WHO KILL PEOPLE TO TELL PEOPLE THAT KILLING PEOPLE IS BAD ???

 

A criminal is not born, but made by social circumstances. For the crime scenario in India , every citizen of India is indirectly responsible. Our present inefficient, corrupt legal system , is wholly dependent on evidences which a rich criminal can create or destroy at his sweet will. Police forcibly take confessions from the accussed , by applying 3rd degree torture methods. Some of the judges are literally auctioning ” judicial orders” for bribe. Due to all these reasons one cann’t be 100% sure about one criminal’s conviction. In such cases, capital punishment will be unfair & inhuman. It must be made mandatory, in all death penalty cases that polygraph, lie detector tests, etc must be conducted on ” death convicts ” , to know whether they are innocent or guilty inspite of hostile evidences. Fundamentally, the capital punishment has failed

as a deterrent.

 

The people who clamour for continuance of death penalty are BIASED, INHUMAN, BUTCHERS & CANIBALS. Why don’t they ask for death penalty to policemen, who murder people through 3rd degree  torture, in lock-ups & fake encounters ? why don’t they ask for death penalty to corrupt judges who sells judicial orders for bribe ? why don’t they ask for death penalty to builders who cause building collapses, resulting in mass murders ? why don’t they ask for death

penalty to corrupt government doctors who refuses to treat poor patient without bribe, causing the murder of poor patient ? why don’t they ask for death penalty to industrialist/ traders who sell adulterated food items, spurious drugs/ medicines, in turn causing mass murders ? why don’t they ask for death penalty to corrupt government officials , who help criminals, industrialists? Why don’t they ask for death penalty to politicians who create communal & other riots, who have ties with foreign intelligence agencies, terrorist outfits ? Why don’t they ask for death penalty to mole in the P.M.O & the senior officers of National Security Council who passed on national secrets ? Why don’t they ask for death penalty to public servants , ministers who gave aid , support to terrorist outfits like L.T.T.E out of government of india coffers , killing hundreds of srilankans , tamils ?

 

These are the guilty persons , criminals  who don’t personally , directly murder human beings but cunningly murder hundreds which go unnoticed by any. For the person who barbarically murders one human being you prescribe CAPITAL PUNISHMENT but for those who murder hundreds you say nothing why ? THEY WON’T ASK FOR IT, BECAUSE MOST OF THE PERSONS WHO ARE DEMANDING DEATH PENALTY ARE BIASED, SELFISH & BELONG TO ONE OF THE SECTIONS OF CRIMINALS MENTIONED ABOVE. They lack objectivity.

 

Death penalty is the ultimate . cruel , inhuman and degrading punishment. It violates the right to life Article 1 of universal declaration of human rights. It is irrevocable , prone to judicial errors and can be inflicted on innocents. It has never been shown to deter crime more effectively than other punishments. In most of the countries including india , judicial system is ineffective , inefficient to prosecute impartially both poor & rich criminals. Those condemned to death penalty mostly come from poor background who are unable to afford wise & articulate Advocates who can efficiently argue their case. Against these poor accussed , the criminal nexus of police-criminal-bureaucrat builds up fake evidences , extracts forced confessions by 3^rd degree torture. Most of death convicts world over belongs to either poor , TRIBALS , DALITS , etnic minorities , political dissidents , children , mentally ill. No rich & mighty criminal is ever prosecuted let alone hanged.

 

The judicial system which depends on technical facts like evidences lacks sense to figure out truth out of fake evidences , also as judges are human beings they are prone to err. Add to this corruption in judiciary. Death penalty is irreversible & irrevocable. In a mature democracy like U.S.A with relatively efficient judicial system itself hundreds of cases of death convicts were found to be wrong , convicts were found to be innocents upon review & were let free. Where as in india , the accussed lacks the wherewithal to argue his case in the first place then how can he arrange for case review ? no judge is god , if a hanged person is found to be innocent the judge doesn’t has the ability to bring back the hanged person to life , do such judges have right to snatch away lives ?

 

 

 

 

 

Hereby HUMAN RIGHTS WATCH’S Urges H.E . PRESIDENT OF INDIA ,

 

1.        to stay all death penalties until equitable criminal justice system with respect to above mentioned rich & mighty criminals is put into force .

 

 

2.        until death penalty is abolished, to make poly graph, lie detector tests mandatory for all death convicts in a free & fair manner by a neutral authority , to ascertain whether the convict is really guilty or innocent of the alleged crime .

 

3.        until death penalty is abolished , to give a peaceful choice of death to the death convicts like sleeping pill, injection, gun shot, etc instead of medieval & barbaric ” death by hanging”.

 

4.     finally, to abolish death penalty from statuette books.

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

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

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.

 

 

FAKE ENCOUNTERS , LOCK-UP DEATHS & 3^RD 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.

 

 

LAW GUARDIANS THEMSELVES ARE LAW BREAKERS
- POLICE TURNING INTO ROBBERERS IN KARNATAKA

In india corruption has spread it’s tentacles far & wide. Recently karnataka lokayukta has arrested 5 top cops on charges of corruption . in raid he has unearthed crores of rupees worth propperties & cash. Nowadyas police play the role of a mediator in land disputes , property disputes , accident cases , etc. They don’t book the cases as per law , instead they settle it through mediation & in some cases coerces innocents , poor people without backing to come to compromise with rich criminals.

 

They threaten poor people with faslse fix-ups in cases , 3rd degree torture , etc , if they don’t agree to compromise . without an alternative poor people agree to the forced down compromise formula. In the end , mediating cop gets a hefty commission from the rich criminal. The corrupt cops collect mamools from bar owners , transporters , etc to shield their illegal deals. Now as the Mumbai encounter specialisty S.I. DAYA NAYAK’s case is unfolding , it is becoming clear what he did as a S.I OF POLICE are not encounter deaths , cunningly planned & ruthlessly executed supari murders. Mr.daya nayak is not a encounter specialist but a hit man for the under world in uniform. Literally corrupt police are nothing but GOONDAS , ROWDIES IN UNIFORM.

The corrupt habbits of corrupt police die hard. Even if they are posted to C.B.I , VIGILANCE , LOKAYUKTA , etc, they make money by passing on information about raid details. Thereby , they help the guilty to escape. Abiut this issue karnataka upalokayukta himself has expressed his heplessness . lokayukta police are on deputation from state police , lokayukta don’t have any powers to take disciplinary action against his own subordinates , he can recommend it only to his mother organisation. What a paradox. Cops turning into thieves & the lokayukta police who are supposed to book corrupt themselves corrupt.

The politicians in power simply make statements about giving more powers to lokayukta , on record they don’t do any thing. As the corrupt officials are one of the sources of party funds & those
corrupt officials themselves help corrupt politicians in doing corrupt deals & shielding it. H.D kumara swamy chief minister of karnataka has said “I want to send a strong message to government servants that stringent action will be taken against corrupt elements among them without fear or favour. We will empower the Lokayukta with more legal powers to continue its crackdown on all officials indulging in corrupt activities.”

The arrested police personnel are deputy superintendent of police (Bangalore rural) N. Krishnappa, Crime Branch inspector Shami-ur-Rahman, VVIP security inspector N. Narayanaswamy, Koramangala (south Bangalore) inspector Mir Arif Ali and Yeshwantpur (north Bangalore) inspector Shivanna. Lokayukta chief N. Venkatachalaiah said: “It is not about the quantum of money or properties seized but the rot that has set in the system. If lawmakers turn into law breakers, how can people have confidence in them?”

However these corrupt people pay a part of the looted booty to their superiors & political masters , as a result in the end nothing happens out of enquiries or investigations. At the most these guilty person are transferred to another fertile location away from the eyes of people to make more money. in some cases even the guilty corrupt officers are promoted. The fate of over 100 reports of the Karnataka Lokayukta against government servants, facing charges of corruption, is hanging in the balance with the Karnataka High Court declaring that Lokayukta will not inherit the powers of Upalokayukta to take suo motu action, when Upalokayukta’s post is vacant.

Further, the future of about 1,000 cases being investigated by the Lokayukta has also become uncertain as in all these cases the Lokayukta had exercised the suo motu power available only to the
Upalokayukta under the Karnataka Lokayukta Act, 1984. The Lokayukta had invoked suo motu powers and initiated action on complaints against government servants as the State government had failed to appoint Upalokayukta. The post is vacant since April 2002. The Karnataka High Court, in the case between Prof S N Hegde, former vice-chancellor of Mysore University and the Karnataka Lokayukta, has declared that Lokayukta had no jurisdiction to discharge the functions of
Upalokayukta when “no Upalokayukta is appointed”.

The High Court had also clarified that the Lokayukta can carry out functions of Upalokayukta only when Upalokayukta is unable to discharge his duties due to “absence, illness or any other causes”.
However, the Lokayukta was empowered to investigate a case, not defined under the Act, if the Government refers the case to the Lokayukta through a notification, according High Court’s observation.

But the State government, except in a few cases, has neither referred the complaints to the Lokayukta through a special notification nor appointed Upalokayukta so that it can inquire into these complaints. With this, it is clear that in all these cases Lokayukta acted without jurisdiction as government had not referred most of the complaints to Lokayukta when post of Upalokayukta is vacant, said a senior advocate.

In the light of the above observations by the High Court to the most of the cases investigated by the Lokayukta while exercising the powers of Upalokayukta would mean that all the action taken by the Lokayukta would become void ab-initio (not legally binding), observed an advocate. However, the benefit of these judgement would available to the government servants only when they question Lokayukta’s action before the High Court, said an official of the Law Department. “Inaction on the part of the Government in appointing Upalokayukta has seriously affected the painstaking investigations done by the Lokayukta”, said a police officer attached to Lokayukta police wing.

Meanwhile, realising the impact of the High Court order, the State government, apart from preferring an appeal against this verdict before a larger bench, has initiated the measures to clothe the Lokayukta with suo motu powers. According sources, the government was also studying the possibility of giving suo motu powers with retrospective effect so that the reports already submitted by the Lokayukta and the cases under investigation would not become invalid following High Court’s verdict. Lokayukta Justice N Venkatachala and State Advocate General A N Jayaram said that they have decided to challenge this judgement of single judge bench before a division of
the High Court.

However all is not last , there are few sincere hard working police officers in the state police , there are sincere public servants like lokayukta & upa lokayukta , let all of us support them. India will be
a corruption free country.

 

 

education  sevice or  money spinning business – crimes by educational institutions _ an appeal to honourable  supreme court of India

 

Education is a wealth which must be shared with the needy & education alone elevates human beings from all miseries. Keeping this in mind in the olden days numerous philanthropists have donated buildings , lands , money to educational institutions. Keeping the same objective in mind & knowing fully well about rampant illiteracy in India resulting in various social problems , our constitutional frame workers made literacy  of masses a priority for every government & part of  directive principles of our constitution.

 

Now , various politicians , their cronies  some of whom are not even matriculates  are  opening schools , colleges , professional institutions not to serve society by providing education to the masses. But to make money , as education is a no loss only profit business. Are these people opening these educational institutions as corporate bodies which legally permits them to indulge in educational businesses, NO. They form charitable trusts & educational institutions as part of those trusts with the avowed objective of serving the society , needy poor persons & to provide them education. Therby , they get prime lands , CA sites from government authorities at concessional rates , they get tax cuts , they import instruments & equipments at concessional rates with duty exemptions. The government  extends all these benefits to those trusts to serve the poor. However , these trusts never admit poor persons to their institutions , they extract huge  donations from parents of students. Sometimes they give fictious receipts , some don’t give any receipts at all. The trustees never remitt those donations to the trust account. After paying such huge donations , still those parents are not admitted as members of the very same trust, lest they speak out against  trust fund misuse. So, naturally the trust cheats the government of the taxes which ideally it must pay.

 

Many schools & professional colleges even lack the basic educational infrastructure to provide education , still they are running the show since years . courtesy corrupt public servants. Take the recent government of Karnataka education department order , which has ordered to shut down more than 22200 schools in Karnataka state. These 2200 schools were functioning since years teaching students in English medium although they were legally permitted to teach only in kannada medium.  The range A.E.Os , E.O , B.D.O everybody were aware of this but kept mum as bribe money was in their mouth , the only persons who didn’t know the truth were hapless parents.  The schools gave wide advertisements , pamphlets  inviting admissions for English medium schools , even on the boards of school , school stationeries , receipts , etc , it is mentioned as ENGLISH MEDIUM SCHOOL. So , in this mass cheating act  of educational institution managements together with corrupt government servants  , now hapless parents  & careers of budding young children  is getting a beating. The shameless double act of government  now to close down these schools is not right , the government should have done this in the very first year of these educational institutions. These managements have cheated the parents & also violated the faith of the consumer .

 

Hereby , we do humbly request you to register  cheating case against  managements of  these 2200 educational institutions together with respective range A.E.O , E.O , B.D.O as per  IPC and to  provide relief , compensation  to parents of students as  per consumer act.

ANTI DALIT POLICIES OF PRIVATE I.T.Is IN KARNATAKA

Recently in the last week , Karnataka lokayukta sleuths have caught redhanded the joint director of DG E&T at mysore while taking bribe to sanction financial grant in aid to private I.T.Is. this is the second time that official has been caught by lokayukta sleuths. This is just one case , In DG E&T there is corruption galore , students pay bribe to get attendance , to get internal assessment marks , etc. the staff pay bribe to DG E&T officials to get grants , to get heir monthly salary bills passed , to get affiliations , etc.

The problem in private I.T.Is are so acute that , certain institutions promoted by people with political connections don’t have adequate training infrastructure for students , staff strength – students to
teacher ratio is less than the norm , portions are not thought properly nor completed in time , the students even lack basic necessities like urinals – the fate of girl students only god must assist. The miracle such institutions are functioning since years & have even got government financial grant in aid .

In such private I.T.Is , the corrupt managements have recruited only forward caste people who can pay bribe . the managements in league with corrupt DG E&T officials have extracted bribes from the staff members to secure government grant in aid , also every month the managements recover 25-30% of salary from the staff without any receipt.

The end looser in all these the STUDENTS. How come these private I.T.Is who have only employed forward caste people , lacking adequate teaching infrastructure have got affiliations from the government ? how come they are functioning since years in this fashion ? how come they have got government financial grants , while private I.T.Is run by honest managements providing proper infrastructure to students & employing staff irrespective of religion or caste , are struggling to get government grant in aid ? the miracle is enacted by the people like above stated corrupt ones .

 

 

AN APPEAL TO ALL THOSE ON VIOLENT PATH

- O, JIHADIS, FREEDOM FIGHTERS, TERRORISTS & NAXALITES
INTROSPECT YOURSELF

AT THE OUTSET , HRW EXPRESSES IT’S DEEP CONDOLENCES TO ALL VICTIMS OF TERRORISM , VICTIMS OF SEPTEMBER 9 / 11 ATTACK & VICTIMS OF AMERICAN FORCES , US SPONSORED TERRORISM , ON THE EVE OF 5^TH ANNIVERSARY OF SEPTEMBER 9 / 11 ATTACK ON WTC IN USA.

In India, every human soul is weeping after witnessing massive los of human lives In earth quake , heavy rains & floods. Add to this various natural tragedies. When your fellow countrymen are suffering, in Kashmir militants butchered innocents, in delhi also they murdered innocents through serial bomb blasts.  Recently in maharashtra they made bomb blasts. Kashmiri militants claim they are fighting for kashmiris, when the very same
kashmiris were suffering from loses due to earthquake why didn’t the so-called jihadis didn’t make any relief efforts? Why didn’t their foreign master – Pakistan didn’t make any relief efforts? Within the pak occupied Kashmir ( pok) itself, Pakistan didn’t make appropriate
relief efforts. It is government of India & international community who provided proper & timely relief.

The foreign powers are not at all interested in your well being. They are ready to spend millions of dollars for aiding terrorism, but not ready to spend a few hundreds for your
education , health care or self employment schemes through NGOs. The fact is they don’t want your well being, they don’t want you to prosper, live peacefully. The ultimate objective of these foreign powers is to take you on the path of self destruction, destruction of your motherland & to finally usurp the power, to subjugate you into slavery in turn looting the resources of your country.

Ofcourse, in India there is rampant corruption. Still democracy is live & kicking in India, it is the best form of governance. You have got real examples of countries in Africa, latin America, wherein the countries have secured independence through separatist / terrorist movements. The terrorist leaders themselves have become prime minister / president of newly independent
countries. Now, they are more corrupt & barbaric than their predecessors . even after getting independence, the lives of commonfolk has become bad to worse. By independence , only leaders have benefited. Will you lead another struggle ? this is endless, as the selfishness , greed of leaders knows no bounds.

In the past, government of India aided tamil separatists, Pakistan terrorists, etc, butchering innocents. The government of U.S.A aided terrorists in Africa, afghanisthan, latin America , murdering innocents. Various countries have aided terrorism while preaching peace. These barbaric acts were motivated by selfish, corrupt, ego-centric leaders. Now, in the bomeerang
effects of their actions, innocents are dying in bomb blasts, etc.

Violence breds violence. Peace & compassion results in all round harmony, prosperity. Every human being must struggle against injustices in a peaceful & legal manner. The struggle must
be against the corrupt system, for that peaceful struggle democracy is the best forum. Don’t be pawns in the hands of foreign powers, politicians. They are not at all interested in your welfare, well being. At the end, it is the leaders who become ministers & amass wealth through corruption. The common folk like you will remain as fiddlings, minions forever.

Just imagine yourselves in the place of victims of delhi serial bomb blasts ( 29/10/2005). Your mother & wife are crying, your children are dead , your father’s hands & limbs are ripped apart in the blast. How does it feel to be one ? no religion, no god asks it’s followers to cause destruction. All religions, gods are full of eternal love & compassion. Let that god shine his light, upon you all on the violent path.

Let us build ram rajya of mahatma’s dream through non violent means within the existing democratic framework .that ram rajya is aptly described by poet shri. Ravindranath tagore as,

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.

FAILURE OF CONSTITUTIONAL DUTIES BY H.E.PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA
– SHOW CAUSE NOTICE

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 , HRW’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.

HUMAN RIGHTS WATCH 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 conciling 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.

Your excellency & your honourable sir , kindly tell me – tell the common people which way to take & answer the show-cause notice.
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SHOW-CAUSE NOTICE TO H.E.PRESIDENT OF INDIA & HONOURABLE CHIEF JUSTICE OF INDIA.

In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.

To my numerous appeals , HRW’s appeals to you ,you have not yet replied.it clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.

there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.

1.you are making contempt of the very august office you hold.

2.you are making contempt of the constitution of india.

3.you are making contempt of citizens of india.

4.you are sponsoring & aiding terorrism & organized crime.

5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.

6.you are violating & making contempt of th

(Message over 64k, truncated.)

CRIMES AT INFOSYS CAMPUS

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

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editor: NAGARAJ.M.R………….VOL.1 ISSUE.4……………….07/05/2007

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Editorial : Crimes at INFOSYS campus ?

<!–[if !supportLists]–>-         <!–[endif]–>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 ?

 

 

AN APPEAL TO HONOURABLE CHIEF MINISTER OF JAMMU & KASHMIR

Dear Sir,

INDIA: District Magistrate misusing his office to lead a smear campaign against human rights activists

Names of victims: Several non-governmental rights-based organisations functioning in Leh, Jammu & Kashmir state
Alleged perpetrator: Mr. M. K. Dwivedi, District Magistrate and Deputy Commissioner, Office of the District Magistrate, Leh, Ladakh, Jammu & Kashmir
Place and date of incident: Leh, from 4 April 2006 and continuously thereon

I am writing to you to express my concern regarding the arbitrary orders issued by Mr. M. K. Dwivedi, the District Magistrate (DM) of Leh, curtailing the functioning of non-governmental/human rights organisations in that district. It is reported that this officer due to some alleged spite with the non-governmental movement in the region has taken an opposing stand against all the activities of non-governmental organisations within his jurisdiction since 4 April 2006. I am informed that all orders issued by the Magistrate contravene the provisions of law and the natural principles of justice.

I am informed that the DM has also ordered the local police to prevent all public protest against his order. I am informed that with this intention the officer has misused his office to prevent any public criticism against him. The officer has allegedly instructed the media, including the All India Radio, to refuse dissemination of all information in favour of those groups which the officer is now against, while at the same time has managed to form support groups to lead a smear campaign against the human rights organisations that the officer has declared war against.

I am also informed that the officer is now using these newly formed groups to disseminate false information against the human rights groups through the same media. These acts of the District Magistrate are a direct violation of freedom of association, expression and profession of the human rights activists and the organisations they lead. This act of the DM is in complete disregard of the beneficiaries of the human rights groups he has forced to stop from functioning.

I therefore urge you to immediately intervene into the matter and order an inquiry into the incident. I also request you to take appropriate measures so that the Leh District Magistrate Mr. M. K. Dwivedi is immediately removed from his post, so that an inquiry into the matter will not be interfered with by the officer. I also urge you to make sure that the public media is not forced to function according to the whims and fancies of an erring government officer.

Your’s sincerely,

NAGARAJ.M.R.

AN APPEAL TO HONOURABLE CHIEF MINISTER OF WEST BENGAL

Dear Sir ,

INDIA: Illegal detention of two minors by police

Name and address of the victims:
1. Nuresha Khatoon, daughter of Mr. Mohabul Malitha, aged 14, residing at the Dayarampur village, under the jurisdiction of Jalangi police station, Murshidabad district, West Bengal
2. Pintu Shekh, son of Mr. Saider Shekh, aged 15, residing at Dayarampur village
Alleged perpetrators:
1. Mr.Somnath Banerjee, Officer-in-Charge of the Jalangi police station in Murshidabad district
2. Mr. Tuhin Biswas, the Sub Inspector of Jalangi police station
Period of illegal detention: 6-9 April 2007
Place of incident: Jalangi police station

I am writing to express my deep concern regarding the illegal detention of two minors, a 14-year-old girl and a 15-year-old boy, in police lock-up for 3 days.

According to the information I have received, on 4 April 2007, Mr. Mohabul Malitha, father of Ms. Nuresha Khatoon complained to the Jalangi police station that his daughter Nuresha was missing. When Mr. Saider Shekh, father of Pintu, came to know about the complaint, he took both minors to the Jalangi police station as proof that there was no case of abduction to be made against his son. It is alleged that the children were playing together on their own free will. Although Mr. Shekh volunteer his son and Nuresha and showed his willingness to cooperate with the police, Mr. Somnath Banerjee, the Officer-in-Charge of Jalangi police station and Mr. Tuhin Biswas, the Sub-Inspector put the two minors in the police lock-up and chased away Mr. Saider Shekh from the station. The two victims were detained at the police lock-up until April 9.

I want to draw your attention that according to Juvenile Justice Act 2000, only Juvenile Police have authority to deal the matter of juveniles. However, in reality, there is no juvenile police in Murshidabad district in West Bengal. Furthermore, according to the Act, the juveniles can not be kept in police lock-up but must be kept in home or shelter. 

I also want to inform you that the detention of Nuresha is in violation of Subsection 4 of Section 46 of Code of Criminal Procedure that “no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.”

Furthermore, the two victims were in police custody for 3 days in violation of Section 57 of IPC, which mentions that a person arrested is to be brought before court within 24 hours after the arrest.

I am also informed that one Mr. Abdus Sabur Mollah, son of Abdus Samad Mollah, a resident of Dayarampur village was forced by the OC of the Jalangi police station to file a false statement and an affidavit to support the police charge. It is alleged that the police are now trying to use this information to substantiate an FIR, number 71 of 2007.

With the help of one local human rights organization, an application has been submitted before the Juvenile Justice Board that both minors were illegally detained in Jalangi police station and that the board has asked the Superintendent of Police of Murshidabad district to submit a report in this case. However, there is allegation that the Jalangi police are trying to tamper with the evidence in the case so that they can escape liability.

In light of above, I request that you take appropriate action against the responsible police officers for the illegal detention of minors. I also urge you to ensure that the minors are released at the earliest possible moment and hope that you order an inquiry regarding the officers involved in the case.  If found guilty, they must be held responsible for breach of law and be removed from service as well as punished. I also request you to prevent any attempt by the police from tampering with the evidence of the case.

Your’s sincerely,

NAGARAJ.M.R.

 

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CRIMES OF SUPREME COURT OF INDIA

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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.1 ISSUE.5……………….07/06/2007

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editorial : Crimes of Supreme Court Of India – RTI Act violations , constitutional rights & Human rights violations by supreme court of india

the public servants & the government must be role models in law abiding acts , for others to emulate & follow. if a student makes a mistake it is excusable & can be corrected by the teacher. if the teacher himself makes a mistake , all  his students will do the same mistake. if a thief steals , he can be caught  , legally punished & reformed . if a police himself commits crime , many thieves go scot-free under his patronage.  even if a police , public servant commits a crime , he can be legally prosecuted & justice can be sought by the aggrieved. just think , if a judge himself that too apex court of the land itself commits crime – violations of RTI Act , constitutional rights & human rights of public  and obstructs the public from performing their constitutional fundamental duties , what happens ? it gives a booster dose to the rich & mighty , those in power , criminals in public service to committ more crimes. that is exactly what is happenning in india. the educated public must raise to the occassion & peacefully , democratically  must oppose this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM. JAI HIND. VANDE MATARAM.

Your’s sincerely,
NAGARAJ.M.R.

SHOW-CAUSE NOTICE TO  HONOURABLE CHIEF JUSTICE OF INDIA.

In india democracy is a farce , freedom a mirage. the most basic freedom RIGHT TO INFORMATION & EXPRESSION , is not honoured by the government,as the information opens up the crimes of V.V.I.Ps & leads to their ill-gotten wealth. The public servants are least bothered about the lives of people or justice to them. these type of fat cats , parasites are a drain on the public exchequer . these people want ,wish me to see dead , wish to see HUMAN RIGHTS WATCH closed . so that, a voice against injustices is silenced forever , the crimes of V.V.I.Ps closed , buried forever.

To my numerous appeals , HRW’s appeals to you ,you have not yet replied.it clearly shows that you are least bothered about the lives of people or justice to them .it proves that you are hell bent to protect the criminals at any cost. you are just pressurising the police to enquire me ,to take my statement, to repeatedly call me to police station all with a view to silence me.all of you enjoy “legal immunity privileges” ,why don’t you have given powers to the police / investigating officer to summon all of you for enquiry ?or else why don’t all of you are not appearing before the police voluntarily for enquiry ?at the least why don’t all of you are not sending your statement about the case to the police either through legal counsel or through post? you are aiding criminals ,by denying me job oppurtunities in R.B.I CURRENCY NOTE PRESS mysore , city civil court ,bangalore , distict court , mysore ,etc & by illegally closing my newspaper.

there is a gross, total mismatch between your actions and your oath of office. this amounts to public cheating & moral turpitude on your part.

1.you are making contempt of the very august office you hold.

2.you are making contempt of the constitution of india.

3.you are making contempt of citizens of india.

4.you are sponsoring & aiding terorrism & organized crime.

5.you are violating the fundamental & human rights of the citizens of india and of neighbouring countries.

6.you are violating & making contempt of the U.N HUMAN RIGHTS CHARTER to which india is a signatory.

7.you are obstructing me from performing my fundamental duties as a citizen of india.

you are hereby called upon to SHOW-CAUSE within 30 days , why you cann’t be legally prosecuted for the above mentioned crimes . in future , with regard to this case if i am called to police station or court , etc, the loss of my wages & the related expenses must be borne by the government. Meanwhile , if anything untoward happens to me or to my dependents,  you will be directly held responsible along with the perpatrators of crime and you are liable to pay rupees twenty lakhs as compensation to the survivors of my family.if none of my dependents survive,donate rupees twenty lakhs to the mother theresa’s MISSIONARIES OF CHARITY TRUST,kolkata.india.

CROSS–EXAMINATION OF HONOURABLE CHIEF JUSTICE OF INDIA -  SUPREME COURT OF INDIA IN THE WITNESS BOX

In a democratic country like india , when ever people suffer injustice they go to government officials seeking justice . when they don’t get justice there , they appeal to their peoples representatives – MPs , MLAs seeking justice . still , if they don’t get justice people appeal to law courts seeking justice. Now , criminalization of bureaucracy & politics is almost complete in India , people are not getting justice , their grievances are not getting redressed. However , nowadays we are seeing reports of corruption , malpractices of judges  in the media. In this backdrop  our publication appealed to the ultimate saviour of law , custodian of constitutional rights the honourable SUPREME COURT OF INDIA bringing before it various cases of injustices , human rights / fundamental rights violations concerning public involving public interest  , threat to life of editor & his family members , etc. there was no reply , no action till date.

As a last resort , our publication sought information as per RTI ACT 2005 , following information from the honourable supreme court of India. The public information officer has declined to give information except in one with regard to PIL filing conditions ( vide letter no : Dy no.199/RTI/2007 dated may 25 , 2007). an ordinary criminal doesn’t speak out because he is afraid that truth will come out & he hides or destroys all evidences . In the same manner , the government officials are violating RTI act in one way or the other , all with the objective to hide information or else their criminal acts will become public. In the same manner , the P.I.O of  honourable supreme court of India is hiding the information , all with the objective to hide the crimes of some judges & to shield the guilty judges. What is the difference between petty criminals & these officials of judiciary ?

Our publication has highest respect for  the judiciary & all constitutional authorities. It is the corrupt  officials in those very same departments who are bringing disgrace to the very offices they occupy. This is our humble appeal to the honourable chief justice of India , honest few among the judiciary to cleanse the system , to uphold the dignity  & sanctity of the judiciary or else where the common people has to go seeking justice.

Hereby , we  do humbly request the  honourable chief justice of India , to answer the following questions , to provide information as per RTI ACT 2005 , in the larger public interest. A copy of our application seeking information is provided below.

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.

Q1. How many cases of  allegations against judges were made in the media about misuse of office , criminal acts  by judges from munsiff court to supreme court of India ? since 1947 till date ?

Q2. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?

Q3. what action has been taken against guilty judges ?

Q4. are the guilty judges legally prosecuted  in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?

Q5. why some high ranking judges are not legally prosecuted for their wrong doings ?

Q6. are judges above law ? are not everybody equal before law ?

Q7. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?

Q8. how ? if not why ?

Q9. how do the judiciary monitor the  net wealth growth  of some judges including the wealth in the name of judge’s family members ?

Q10. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?

Q11. how does the judiciary verifies those statements ?

Q12. is such statements made public , on web ?

Q13. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?

Q14. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges  are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?

Q15. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted  prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?

Q16. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?

Q17. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?

Q18. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?

Q19. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by judiciary ? what action to undo the injustices to unemployed ?

Q20. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003 & collected application fees from the candidates. Till date , they have not even conducted the interview ? is it not public cheating by the judiciary ? what action to undo injustices to unemployed ?

Q21. when a person doesn’t get adequate food , medical care  while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?

Q22. how judiciary is monitoring food & medical care to prisoners ?

Q23. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?

Q24. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?

Q25. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?

Q26. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?

Q27. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?

Q28. what is the criteria adopted for promotion of judges ?

Q29. what is the criteria adopted for appointment of advocates from bar , as the judges ?

Q30. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of  commissions , etc ?

Q31. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women  are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .

Q32. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?

Q33. are not these measures a failure , looking at present state of affairs of judiciary ?

Q34. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?

Q35. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?

Q36. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?

Q37. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it  right & just to provide premium health care to judges , constitutional functionaries at  5-star private hospitals in India , abroad , all  at tax payer’s expense ?

Q38. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?

Q39. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?

Q40. why numerous appeals for PIL by me , were not considered ?

Q41. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?

Q42. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?

Q43. what is the criteria adopted by judiciary , for initiating suo-motto action ?

Q44. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?

Q45. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the  needy ? is it not needy person’s rights violation ?

Q46. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?

Q47. is the use of 3rd degree torture by police  on prisoners , during the police custody / judicial custody / prison sentence  right ? what action ?

Q48. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?

Q49. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?

Q50. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?

Q51. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?

Q52. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?

Q53. what are the status of  my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :

DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618

Q54. the appeals made to the honourable supreme court of India  , copies of which are available at following web pages :

http://groups.yahoo.com/group/naghrw/message/182 ,

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

http://groups.yahoo.com/group/naghrw/message/208 ,

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

http://groups.yahoo.com/group/naghrw/message/209 ,

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

what are the status of those appeals ?

Q55. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , etc. by this way , judges themselves are making contempt of court , constitution of India  & citizens of India. How you are protecting the  honour of the judiciary , constitution of India & citizens of India ? please answer.

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 2006 & 2007 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

ENCLOSED : IPO NO 48C 869282 DT 27/04/2007 FOR RUPEES  FIVE PLUS

IPO NO 48C 869283 DT 27/04/2007 FOR RUPEES FIVE = TOTAL RUPEES TEN ONLY

PUBLIC INFORMATION OFFICER FROM WHOM THE INFORMATION IS REQUIRED :

PUBLIC INFORMATION OFFICER , O/O  HONOURABLE CHIEF JUSTICE OF INDIA ,

HONOURABLE SUPREME COURT OF INDIA , NEW DELHI.

DATE  : 27/04/2007                  NAGARAJ.M.R.

 

PLACE:MYSORE                      (APPLICANT)

_____________________________________________________________________________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@… , naghrw@…
a member of AMNESTY INTERNATIONAL INDIA

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CRIMES COMMITTED BY LAW COURTS IN INDIA

_____________________________________________________________________________

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

_____________________________________________________________________________

editor: NAGARAJ.M.R………….VOL.1 ISSUE.3……………….07/04/2007

_____________________________________________________________________________

 

 

 

Editorial : 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 cann�t secure bail on personal bond. The poor chap�s 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 3^rd 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 don�t 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 VVIP�s. 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  HRW has utmost respect for the judiciary , but hereby humbly bringing the crimes of judiciary before the honest  few judges seeking justice to the common folk.  JAI HIND. VANDE MATARAM.

 

Your�s sincerely,

Nagaraj.M.R.

 

 

AN OPEN APPEAL TO JUSTICE  SHRI. K.G.BALAKRISHNAN  ,  HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF INDIA

Recently , in the media an interview with the present chief justice of India was reported. In the interview the honourable CJI  stated that he is against any compulsory disclosures to be made by judges ie he is against any external supervision of judges performance , as any self respecting judge would not like this.  He is for voluntary disclosures by judges themselves. It is true , thinking on the same lines, our constitutional forefathers thought that only people with self respect , personal integrity  will come to occupy high constitutional offices in parliament , legislature & judiciary , as at the dawn of independence there were great educationists , statesmen in parliament , judiciary , in the whole of public service . that is the reason they have left out blank in drafting disciplinary proceedings against erring judges , ministers , MLAs , MPs. They have not even dreamt of the present situation, now see the opposite individuals facing murder , rape , extortion charges are in parliament , state legislatures, corruption is rampant in judiciary. These facts have been publicly acknowledged by union cabinet ministers , supreme court judges themselves. This problem has grown out of proportion due to failure of self regulation , transparency by judiciary & parliament.

Even certain technicalities , actions of the  judiciary are biased for the rich & mighty. The cases of  commoners drag on for years , months without a hearing whereas the special leave petitions  which only rich can afford & other cases which the judge thinks urgent  comes for hearing at the shortest  time & even interim orders are issued.  The judiciary in convenient cases initiates suo-motto action  based on media reports , considers e-mails , post cards of high profile individuals / NGOs as PUBLIC INTEREST LITIGATIONS and takes action. Whereas , when commoners send appeals for justice concerning public good, about violation of fundamental/human rights & obstruction to performance of fundamental duties, those are not even considered.

Honourable CJI is only concerned about the self respect of judges , what about the self respect of common people. When a commoner asks for accountability of judiciary or parliament he is slapped with contempt charges , what about his self respect ? When innocent commoners are arrested without warrants , illegally detained  beaten up by police , what happens to the self respect of those individuals ? who bothers about the shame , job losses , broken marriages , fall of community relationships his whole family suffers as a result ? due to corrupt police officers sometimes innocents are put behind the bars , unable to pay the bail amount they suffer in jail  for years while the real crook who is rich will be roaming outside on bail. Ofcourse, finally the court may absolve that poorman of charges, but what about his self respect the trauma his whole family faces ?  what about poor people who unable to bear police 3^rd degree torture confess to crimes they have not committed & suffer punishment – some times even death sentence , what about their self respect ?

Nowadays numerous scandals  involving ministers , MLAs , MPs are reported in the media. The government drags it feet for months , sometimes years to give legal sanction for prosecution , thereby indirectly aiding the tainted in manipulation of evidences , records. Finally the tainted are let-off for lack of evidences in courts. In high profile cases , opposition parties  raises hullaballo , an enquiry / parliamentary committee is formed to inquire into the issue. The committee takes months to complete it’s findings , the government takes months to table the report , months to take action & months to table action taken report. Finally, VVIP is let off the hook , even if found guilty he resigns from the membership of the house.

In the same manner , senior judges  facing charges of irregularities / corruption  are either asked to resign or not allotted any judicial work. Only in rarest cases  impeachment motion is brought about by parliament.

In this manner on quid pro quo basis the functioning style , action time  of  judiciary & parliament are mutually helpful. Instead of dragging on the cases for years spending lakhs of rupees , the tainted ministers , judges can be subjected to scientific tests like polygraph , brain mapping , etc & the truth can be found out , but not followed why ?

Resignation from office or not allotting any work to tainted constitutional functionary is not complete  equitable justice ? what about the legal prosecution for their wrong doings ?

Just see the recent media reports about justice bhalla. See the recent reports in “vijaya karnataka’ about whole irregularities in recruitment process by Karnataka public service commission. KPSC selects candidates for quasi-judicial positions like taluk magistrates , tax officers , labour officers , etc. what about UPSC , JUDGES SELECTION COMMITTEE, etc ? when an unfit person pays bribe to get a job , it is to reap more profits  afterwards. Naturally, corruption spreads.  Just remember “ROOST RESORT SCANDAL” involving selectors- high court judges & the candidates  – newly selected women judges.

The commoners do have self respect as VVIPs & in the spirit of equitable justice VVIPs must be treated on par with commoners with respect to enforcement of law. Or else it will go against the letter & spirit of constitution & violative of people’s fundamental rights. Ofcourse , there are honest persons in public service � judiciary , parliament . it is an humble appeal with full respects to them to legally prosecute their corrupt colleagues .

ACCOUNTABILITY OF INDIAN JUDICIARY NEEDED
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In early 2006 , While attending a programme the honourable chief justice of india has remarked the fact that , you need a god father to get appointed into highest judicial echelons. Why do these political godfathers recommend their own candidates to president of india , for selection of judges to high courts & supreme court of india. Simply because the favoured ones � the judges will give favourable judgements when the cases of these godfather’s & their cronies comes before them � the prodigal sons. As in other wings of government , corruption has spread it’s tentacles far & wide in the judiciary also. Remember ” roost resort”scandal” � wherein the newly selected women judges were returning favours immorally to their selectors � high court judges of karnataka. We have seen various media reports about crimes of judges like- attempt to rape, murder , practice of untouchability , misusing medical re-imbursement scheme , receiving kickbacks in the form of royalty for a book , lifting furniture from govt quarters , dishonouring national flag , false affidavit of age , underworld link , etc. however what disciplinary actions were taken such erring judges , no news at all. Even HRW persistently requested the CJI about the same, no reply till date.

Our constitution has given independence to judges , to freely make their own inference , interpretation of
law , so as to give an impartial , just judgement. Our constitutional frame workers thought that our judges will be wise enough to perform within the realm of established jurisprudence & logical reasoning. As per law, the public don’t have a right to question the action , jurisprudence of a judge with respect to any judgement. The public can only appeal. This independence of decision making given to judges coupled with legal immunity given to them , is being misused by some corrupt judges. These judges are giving out biased judicial orders without the backing of any logical reasoning or established jurisprudence. If a commonman questions these corrupt judges about their actions, it is termed as ” contempt of court” , the commonman is punished & the voice seeking the truth is silenced forever.

The corruption among judiciary is more wide spread in lower judiciary & quasi-judicial bodies like land
appellate authorities, licensing authorities, etc. a criminal in the garb of a judge is more lethal than 1000 hard core criminals put together. Hereby, HRW urges, the honourable chief justice of India to give me information about the following :

1.how many judges right from munsiff level to apex court are facing criminal charges & disciplinary proceedings?

2.How many quasi-judicial officers like taluk magistrates , members of appellate boards, licensing authorities , etc, are facing criminal charges & disciplinary proceedings?

3.what action the apex court has taken?has the apex court subjected all cases handled by tainted judges, for review?

4.how the apex court is monitoring the wealth details of judges?are you cross-checking their statements & affidavits?

5. in bangalore yelahanka judicial lay-out how the residential sites worth lakhs of rupees were allotted to high ranking judges just for few thousands by the karnataka govt judicial dept employees housing co-operative society? The judges are not govt of karnataka employees & govt of karnataka is a party in nearly 70% of the cases before the courts.

6.giving out blanket immunity to all judges for all actions irrespective of merit of their actions , is it not against founding spirit of our constitution?

7.are judges more equal than the citizens of india?

8.why don’t the courts punish the guilty judges for their crimes instead of just asking them to resign from service or dismissal? Are judges above law?

9.why there is no transparency in nomination of advocates to highest judicial positions & nomination of retired judges to various commissions?

10.why don’t the judges are subjected to narco-analysis & other scientific tests , when accussed of favouritism or corruption?

11.why you have not registered previous appeals of HRW , as PIL & not responded till date?

12. the judiciary � honourable supreme court of India itself is violating my constitutionally guaranteed  FUNDAMENTAL RIGHTS as well as my HUMAN RIGHTS , also it is obstructing me from performing my constitutionally stated FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA. Why ?

We at the HUMAN RIGHTS WATCH, have highest respect for the judiciary. If at all there is a semblance of law & justice in india , it is due to the few honest judges in the judiciary who are working tirelessly without seeking anything in return. It is an appeal for the honest few judges to bring to book their corrupt colleagues. These corrupt judges are a greater threat to india’s unity & integrity, than terrorists. Hereby, HRW offers it’s services ( subject to conditions) to the honourable chief justice of india in apprehending criminals in the judiciary, quasi-judicial bodies.

 

 

 AN APPEAL TO H.E.PRESIDENT OF ZIMBABWE

 

Your Excellency,

 

I am writing to express my grave concern about the human rights situation in Zimbabwe following the state’s response to attempts by political opposition and civil society leaders and supporters to attend a meeting organised in protest against the police ban of a prayer meeting on Sunday 11 March 2007.

 

There are corroborated reports that police used excessive force and misused lethal force against unarmed demonstrators. In some cases, while in police custody, activists were subjected to severe beatings amounting to torture.

 

Such incidents are continuing as of 20 March 2007 and appear to amount to breaches of Zimbabwe’s obligations under the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights and are contrary to Zimbabwe’s undertakings under the Constitutive Act of the African Union.

 

I appeal to you to use your good offices to remind the government of Zimbabwe of its regional human rights obligations and to encourage a process leading to an impartial and independent investigation of the killing on 11 March 2007 of Gift Tandare, the misuse of lethal force by police against participants at the protest meeting on 11 March and against mourners at Gift Tandare’s funeral on 13 March and into allegations of torture and ill-treatment of detained protesters. The results of such investigations should be made public and alleged perpetrators brought to justice.

 

I also appeal to you to seek assurances that the Zimbabwe Republic Police conduct their duties in a manner consistent with respect for internationally and regionally recognised standards of human rights and policing, without discrimination. To restore public confidence in the Zimbabwe Republic Police, police officers should operate in a manner consistent with international human rights law and standards, including the Southern African Regional Police Chiefs Co-operation Organisation (SARPCCO) Code of Conduct for Police Officials, Article 1 of which states that: “In the performance of their duties, police officials shall respect and protect human dignity and maintain and uphold all human rights for all persons.”

 

Finally, I believe that the blanket ban on public meetings is in breach of Zimbabwe�s obligations to respect and protect the right to freedom of expression, association and assembly, enshrined in international and regional human right rights treaties, and is in breach of the Constitution of Zimbabwe. I appeal to you to use all possible influence to have the ban lifted without delay.

 

Yours sincerely,

Nagaraj.M.R.

 

AN APPEAL TO H.E.PRESIDENT OF TUNISIA

 

Your Excellency,

 

I am writing to express my concern at the continued imprisonment of lawyer and human rights defender Mohammed Abbou, who marked the second anniversary of his detention on 1 March 2007.

I urge you to ensure the immediate and unconditional release of Mohammed Abbou as a prisoner of conscience who was imprisoned solely for the legitimate and peaceful expression of his beliefs. His continued imprisonment violates Tunisia�s obligations under Article 19 of the International Covenant on Civil and Political Rights.

In the meantime, I appeal to you to ensure that Mohammed Abbou�s family are able to visit him without facing harassment.

As I am sure you know, the UN Working Group on Arbitrary Detention concluded in 2005 that Abbou�s detention was arbitrary and in violation of Article 19 of the International Covenant on Civil and Political Rights.  

As a member of the Human Rights Council, Tunisia has an opportunity to show its commitment to human rights by respecting its international human rights obligations and releasing Mohammed Abbou.

 

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@… , naghrw@…
a member of AMNESTY INTERNATIONAL INDIA

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MOST BACKWARD AMONG BACKWARDS – scavengers

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

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editor: NAGARAJ.M.R………….VOL.1 ISSUE.2……………….07/03/2007

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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 municiapalities , 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

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.

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Status Of Manual Scavengers In Gorakhpur, Uttar-Pradesh

By Vidya Bhushan Rawat, Ram Bhuvan & Kirti Singh

The Condition of Scavenger community in India is a matter of grave concern for all the right thinking persons world over. It is regrettably noted that the official attitude of the government has not changed towards these communities. The surroundings of the community compel them think in a ghettoized fashion which is considered as if the community does not want to change. In an environment where parents do not know where would the second day meal be achieved, it would be ridiculous to think that the community would be able to rise at its own. Is it not the duty of all of us who believe in human rights, dignity and human values to come forward and help the community to delink from its traditional occupation?

We are shocked to say the least that despite the people’s will to get out of the profession, nothing much is visual from the government’s attitude for whom rehabilitation means nothing except putting people into the municipality cleaning the sewage system with out any proper hand gear. The overall atmosphere around their locality is never congenial to develop a healthy and vibrant society. The majority of those who work in the scavenging profession particularly carrying night soil over-head are women. Over the years, when men got jobs in municipalities, the numbers of women who are involved in manual scavenging remain unchanged and a matter of grave concern. A survey was conducted by Jan Kalyan Sansthan, Chauri Chaura, partner organization of Social Development Foundation, Delhi under the guidance of Shri Ram Bhuvan. Mrs M Sultana of Sainik Mahila Prakshishan Sansthan, Gorakhpur provided local support to reach the community.

We had found out details of nearly 117 scavenger families in Basantpur, Turkmanpur, Laldiggi, Muftipur, Bhediyagarh areas of Gorakhpur town. Out of this, our team was able to get full details of the conditions of the community in Basantpur and Turkmanpur covering around 58 families. The total number of people in these families is 369, which include children and aged people as well. The data reveal some disturbing trend and need to be addressed at the earliest. Do people really know about the nature of isolation the community living along with us. Scavenger community has all along been living in the urban areas serving the middle classes, upper elites, feudal lords, Hindus and Muslims every one alike, yet none of them ever bothered whether they have cared and bothered about those who clean their shit, enter deep into the sewage pit to continue the sewage line. In the coming days, we are going to cover a large part of Uttar-Pradesh and bring reports on this aspect.

Housing and other conditions:

The social ostracisation of the scavenger community remains complete and virtually no efforts have been made to eradicate the practice of scavenging. But is it possible to without addressing the basic issues of their livelihood. Even when the community was involved in one of the most atrocious job the world could ever have, just 5% of them lived in the government houses. 12% of them are informally living in occupied land but 83% of them were living in depressingly miserable conditions and half completed huts on the government land.

The basic amenities in this area remain a matter of shame for every one of us who claim to be civilized. Those clean shits of other people remain toilet less and have no place to even defecate. What could be a great paradox than the fact that 88% of the families do not have basic toilet facilities? 10% have personal toilets. 2% of them have toilets, which they themselves feel are not worthy to use. One can assume how difficult it would be for those 10% who claim to have toilets.

There is virtually no arrangement of electricity in the specific areas where the community live. Just 24% of the families use light and that too with the illegal connection termed as Katiya. 76% of the families still live in uncertain darkness. If the situation persists like this how can the children grow? To add their woes 71% of the people get water from the communal taps. Only 26% of the people have personal water taps and 3% do not even access to water. The atmosphere is filthy to be described here as pigs roam around in dirt and children ’shit’ in open. In such a sickening environment, how can one expect the children would get education for life?

Education: Total number of men women was 29% each while 42% of them are children, which falls under (0-15) years of age. In case of education and its gender wise break up 27% of the children were literate while 31% female and 42% males were literate. 76% of the total community people are illiterate. This has resulted in virtual isolation of community from the rest of the society and in continuous grip of superstition and backwardness. The children continue to suffer as parents found little time to spend with them and their caste and geographical isolation let to further marginalisation in the schools. Teachers would not be interested to roll them in and all them sit with other students. Though, these things may not be visible when a team visit from outside as teachers, students, staff every one has become alert about punitive action. Even the students know this factor and avoid painting the real picture. The fact of the matter is even when publicly untouchability has been eliminated yet caste system is very much prevalent and no body would deny it. The other fact is that every body knows about Dom, Mehtar, Bhangis and Helas and such terms, denigrating they may look for a civilized society yet continue in practice. Children, inherit, these terms from their parents and in turn these communities face racial prejudices from every one. It is therefore, not ironical that names of their localities seal their fate as areas are always mentioned with the community names hence names like Harijan Bustee or Domkhana. They remind us how crude our system was vis-à-vis the untouchables. The very foundation of the discrimination in India is caste system, which denigrate Dalits and hurt the very dignity and pride of an individual, which are essentials for his growth and development. The governance has not really got itself rid of the caste system though it may claim to have demolished the untouchability at least on the papers. Therefore, it is essential for the government to make its plan in a comprehensive way and not respond to a situation on purely technical way.

Education is basic foundation and still the untouchable children do not get the attention of the state. It would have been better to start community schools for isolated and marginalized community like Scavengers, Mushahars and others.

In the primary schools, there is a clear untouchability since the children are not aware of their rights and their parents do not know about the school. In the Lal Diggi Harijan Bustee (domkhana), there was a school where children used to get free education but for the last 10 years it does not function. There was a teacher working here but after her retirement no other teacher has been appointed in place of her.

Women and Children: The condition of scavenging community is miserable. Since most of the people from the community are uneducated. Social evils are prevalent in the community. Poverty gives birth to different things including alcoholism, wife beating, gambling. Most of the children cannot go to school. The girl children become part of the profession. 20% of the children below 15 years of age do scavenging work while 10% are involved in it. Following the growing trend of feminization of scavenging, results show a whopping 70% of women involved in most inhuman work. While children below 4 years of age are 36% in the two areas and do not have anything to study. 43% of them do nothing. 15% of the children go to school. 3% of them clean and mop the street and 3% of them are involved in manual scavenging. It is a shocking detail that hurt and put us to shame as even the children are not safe and cannot go to school.

Profession: When circumstances remain the same, therefore it is but natural that 42% of the families are still in the sanitation work. Tragically, despite this 44% of the people are still unemployed which is a matter of grave concern. Nearly 9% of the families are still scavenging while 4% have retired. It also reflects that there is virtually no entry of this community in the government sector as well as other labour work. It clearly means that while in the sanitation work of the municipalities there is a one hundred percent reservation for them, there is virtually no effort to delink them from this tradition and rehabilitate them elsewhere. And by merely proclaiming that government has banned toilets will not bring out of the chaos that the social system has inflicted upon them. One is that there is still scavenging and other grave fact is that absentee Safai Karmcharis is growing. That means because of relatively better salaries and contract system, those with connections in the higher ups get the job while the issue of cleaning and going down the drainage and sewage line. How can situation improve if the community is living in complete social ostracisation and isolation? The students do not get a congenial atmosphere to study their books. In the school, the teacher, would obviously, not like to be supportive. Normal reference for delays and late coming is ‘ these people are like that. They do not want to study’.

In-spite of the fact that this is most ill-treated and inhuman work that any human could do, the women continue to do it because of financial crisis. We all know that this does not really fetch them any money. The tragedy is that even the schemes for poor do not reach them. Despite having no land to live and cultivate, 69% of the community people in these areas have no ration card. The rest 31% have APL Ration Card.

Health: 95% of the people drink alcohol and a majority of them (60%) drink country liquor. So far we have got information of more than 8 people have died and about 16 are ill. 6 persons have been paralysed and 2 are disabled. 70% of the people do not have balance diet. Most of the children are malnutrition and anemic. There seems to be no Anganwadi workers working with them. The fact is that even the Anganwadi workers have their caste and who would like to visit the dirt and filth unless some one has extremely noble ideas and commitment to do the work.

Financial Conditions: All above indicators gives indication of extreme poverty in the community. Despite poverty, male members continue to depend heavily on liquor and social taboos such as dowry has resulted in growing financial crisis in the community. They depend on local individual moneylenders who charge hefty interest rates for every loan he pay to them. Our survey shows that just 26% of the families were able to save some amount of money. But a majority 76% was sinking in heavy debt. The debt is rarely reduced. It always increases and every time the person gets a salary for whatever work, he/she has to repay the debt.

What is the alternative?

Develop new localities with amenities like sanitation and water for the community.

Start special schools for the children of scavenger community.

Provide training programmes like electrician, vehicle repair, driving, beautician, and sewing centers for the youths of the community.

Give full scholarship to bright students of the community and provide them training for computer education.

Involve the Civil Society Organisations in the development and inclusion of the community in the mainstream.

Municipal corporations should be penalized if scavenging is prevalent in the area.

Provide better pay package to safai Karmcharis so that they can fetch their children well. At the moment, their conditions really need an emergency response.

There are no social benefits for the children of Safai Karmcharis. Most of them are lowly paid and working on contract which means any ailments not only increase their debt as salaries are deducted with out any other medical compensation as any other employee may claim. This has resulted in their further marginalisation.

With growing pressure, the entire scavenging work is now feminized with more and more women taking up the profession while their men working with the municipalities. With shrinking jobs in the municipality, the government as well as the municipalities have not been able to provide any social security to the community, it is high time, a special monitoring body is constituted which not only monitor violation of human rights and provide immediate relief to the victims rather then waiting for long official process which is proving to be disastrous.

Conclusion : Gorakhpur burnt because of the communal violence. Political leaders played their role. The city witnessed deaths due to brain fever, which reoccur every year and kills young children. This is the district where we have seen starvation deaths. The city is one of the major commercial city of eastern Uttar-Pradesh. It is developing. It has one of the most revered shrine of Guru Gorakhnath, whose head is a Swami forming Hindu Yuva Vahini to protect Hindus from Muslims. Muslims have other work. Nobody has time to think of a community which has kept the city clean at its own peril. Can we expect serious response from the government to consider the case of the scavenger community when they want to get out of it? Let us fight against this inhuman practice of scavenging, which kills human dignity .

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The Judiciary: Cutting Edge Of A Predator State

By Prashant Bhushan

At a time when the dominant class in India is obsessed with power and when India appears to be at the threshold of becoming an “economic and military superpower”, it is interesting that Tehelka has organized this seminar called, “The summit of the powerless”. Though one hardly sees any powerless people here, or even many who represent them, it is still important that a meeting on this theme has been organized by Tehelka.

It is this obsession with power which is the driving force behind the vision of India of the ruling elite of this country. That is why we see the frequent “power summits” being organized by major media organizations which are dominated by talk of India as an “emerging superpower”, with a booming sensex and a GDP growth poised to reach 8, 9 and even 10%. And it is this power crazed libido of the elite which have made them the cheerleaders of the government which is straining to become the Asian right hand of the United States. This single minded pursuit of a strategic relationship with the US has made us lose our moral bearings as we vote against our old friends like Iran and keep quiet on unimaginable atrocities being committed by the US in Iraq and by Israel in Palestine.

What kind of society is this “power driven” vision of India producing. While the elite celebrate the booming sensex, the consumer boom among the middle classes which the spectacular GDP growth appear to be giving them, the poor are pushed to greater and greater destitution, as the agricultural economy collapses and they are sought to be deprived of whatever little they have in terms of land and other natural resources. After all, when agriculture is not contributing to the GDP growth, why not take away the land, water and other resources from agriculture and give them to the sectors which are leading the growth-the SEZs and the IT industry for example. That (and the opportunity for a real estate killing) explains the stampede for setting up SEZs and IT parks, which will be high growth privileged enclaves, helped no doubt by the cheap compulsory acquisition of land, the absence of taxes, labour and environmental laws. They are envisioned almost as private and self governing States with their own police and courts. It makes no difference to those who hope to occupy these enclaves that India is almost at the bottom of the heap in terms of the Human Development Index, in terms of the percentage of people in the country who have access to housing, food, water, sanitation, education and healthcare.

So as the rural economy is destroyed (partly by agricultural imports) and the poor are deprived of their land, their forests, their water and indeed all their resources, to make way for mining leases, dams, SEZs and IT parks, all of which augur faster GDP growth, the poor get pushed to suicide or to urban slums. Here they struggle for existence in subhuman conditions with no sanitation, water, electricity, and always at the mercy of the weather, corrupt policemen and municipal officials. These slums often exist side by side with luxurious enclaves of the ultra rich who pass by them with barely a scornful glance and regard them as a nuisance who should be put away beyond their gaze. And if the government cannot accomplish that, there are always the courts to lend a helping hand. In the past two years about 2 lakh slum dwellers from the Yamuna Pushta and other Jhuggi colonies of Delhi have been removed on the orders of the court and thrown to the streets or dumped in the boondocks of Bawana (40 Kms from Delhi) and without any sanitation, water, electricity or even drainage. It would be surprising if many of them do not become criminals or join the ranks of naxalites who have come to control greater and greater parts of the country.

What kind of society are we creating? A society which is not only deeply divided in economic classes with a vast chasm dividing them, but also one where the preoccupations of the dominant classes are becoming increasingly crassly materialistic, narcissistic and base. If one were to examine the content of the mainstream electronic media-even news channels, particularly private channels which are the main source of information and entertainment for the middle class elite, one would find that it is characterized by an increasingly vacuous intellectual content and pandering more and more to the baser instincts of sex, violence and a morbid fascination for gossip particularly about the private lives of Bollywood stars. Stories about real people and serious public interest issues have been reduced to mere sound bytes of a few seconds. The interest of the middle classes in and their attention span for serious issues of public interest have been reduced to a vanishing point, as the culture of consumerism and self indulgence has taken over contemporary society. Even as scientific evidence piles up about how the world is headed towards environmental catastrophe due to global warming, not many among our well to do elite have even bothered to understand the issue, let alone bother about tackling the problem. They are oblivious of and unconcerned about the disaster which will certainly affect their children if not themselves during their lifetimes.

A sickness afflicts the soul of the dominant elite of India today. It is a sickness which has led to a total loss of vision and has made us lose our moral bearings. It is this sickness which is allowing us to celebrate our great GDP growth and our emerging superpower status when the majority of our countrymen sink to deeper and deeper depths of destitution and despair. It is this sickness which allows us to rejoice in our becoming the main sidekick of the global bully, while we shut our eyes to the enormous injustice being done to the oppressed people of Iraq, Palestine and other countries at the receiving end of the bully’s muscle. It is this sickness which has produced the vision of the State as the facilitator of this rapaciously exploitative model of development. A vision where the State’s role is seen as an institution which tries to facilitate the maximization of GDP growth. Which naturally requires the State to withdraw from its welfare obligations and facilitate a privatized society run on laissez faire economics. After all, private enterprise, run on the profit motive is the best bet for maximizing GDP growth. It is this model which snatches land from the farmer for the SEZs, the IT parks and the mines. That vision is producing a society which is intoxicated with a kind of development and feeling of “power” which are sowing the seeds of its own destruction in not too far a future. We have become a society of many Neros who are fiddling while the country is on fire.

It is not surprising then that the “powerless” regard the State as predator rather than protector. Even more unfortunately, the recent role of the judiciary which was mandated by the constitution to protect the rights of the people is making it appear as if it has become the cutting edge of a predator State.

There was a time, not so long ago, when the Supreme Court of India waxed eloquent about the Fundamental right to life and liberty guaranteed by Article 21 of the Constitution to include all that it takes to lead a decent and dignified life. They thus held that the right to life includes the right to Food, the right to employment and the right to shelter: in other words, the right to all the basic necessities of life. That was in the roaring 80’s when a new tool of public interest litigation was fashioned where anyone could invoke the jurisdiction of the Courts even by writing a post card on behalf of the poor and disadvantaged who were too weak to approach the courts themselves. It seemed that a new era was dawning and that the courts were emerging as a new liberal instrument within the State which the poor could access to get some respite from the various excesses and assaults of the executive.

Alas, all that seems a distant dream now, given the recent role of the courts in not just failing to protect the rights of the poor that they had themselves declared not long ago, but in fact spearheading the massive assault on the poor since the era of economic liberalization. This is happening in case after case, whether they are of the tribal oustees of the Narmada Dam, or the urban slum dwellers whose homes are being ruthlessly bulldozed without notice and without rehabilitation, on the orders of the court, or the urban hawkers and rickshaw pullers of Delhi and Mumbai who have been ordered to be removed from the streets again on the orders of the court. Public interest litigation has been turned on its head. Instead of being used to protect the rights of the poor, it is now being used by commercial interests and the upper middle classes to launch a massive assault in the poor in the drive to take over urban spaces and even rural land occupied by the poor, for commercial development. While the lands of the rural poor are being compulsorily taken over for commercial real estate development for the wealthy, the urban poor are being evicted from the public land that they have been occupying for decades for commercial development by big builders, for shopping malls and housing for the wealthy. Roadside hawkers are being evicted on the orders of the Courts (which will ensure that people will shop only in these shopping malls). All this is being done, not only in violation of the rights of the poor declared by the Courts, but also in violation of the policies for slum dwellers and hawkers which have been formulated by the governments. Usually these actions of the Court seem to have the tacit and covert approval of the government (and the court is used to do what a democratically accountable government cannot do). Let us examine a few of these cases.

In the Narmada case, the Court recently refused to restrain further construction of the Dam which would submerge thousands of families without rehabilitation even when it was clear that this was not only in violation of the Narmada Tribunal Award, but against their declared fundamental rights. The court’s behaviour in first refusing to hear the matter, then repeatedly adjourning it, then allowing the construction to be completed on the specious ground that they needed the report of the Shunglu Committee, clearly demonstrated a total lack of sensitivity to the oustees and a total subordination of their rights to the commercial interests of those industrialists led by Narendra Modi who are eyeing the Narmada waters for their industries, water parks and golf courses. The gap between the rhetoric and the actions of the Court could not be more yawning.

Meanwhile, as the Narmada oustees were being submerged without rehabilitation, a massive programme of urban displacement of slum dwellers without rehabilitation was being carried out in Delhi and Bombay, also on the orders of the High Courts. Sometimes on the applications of upper middle class colonies, sometimes on their own, the Courts have been issuing a spate of orders for clearing slums by bulldozing the jhuggis on them, on the ground that they are on public land. Some of this is being done with the tacit approval of the government, such as the slums on the banks of the Yamuna which are being cleared for making way for the constructions for the Commonwealth games. And all this, without even issuing notices to the slum dwellers, in violation of the principles of natural justice.

This was not all. The Court’s relentless assaults on the poor continued with the Supreme Court ordering the eviction of Hawkers from the streets of Bombay and Delhi. Again, turning their backs on Constitution bench judgements of the Court that Hawkers have a fundamental right to hawk on the streets, which could however be regulated, the Court now observed that streets exist primarily for traffic. They thus ordered the Municipality and the police to remove the “unlicenced hawkers” from the streets of Delhi. All this again without any notice or hearing to the hawkers. This effectively meant that almost all the more than 1.5 lakh hawkers would be placed at the mercy of the authorities, since less than 3 percent had been given licences.
More recently, the Delhi High Court has ordered the removal of rickshaws from the Chandni Chowk area, ostensively to pave the way for CNG buses. This order will not only deprive tens of thousands of rickshaw pullers of a harmless and environmentally friendly source of livelihood, it will also cause enormous inconvenience to tens of thousands of commuters who use that mode of transport.

Several recent judgements of the court have grossly diluted the various labour laws which were enacted to protect the rights of workers. The government has been wanting to dilute these laws for bringing about what they call “labour reforms”, in line with the new economic policies, but they have been unable to do so because of political opposition. The courts have thus stepped in to do what the government cannot do politically. They have not only diluted the protection afforded to workmen by various laws but have openly stated that the Court’s interpretation of the Laws must be in line with the government’s new economic policy- a fantastic proposition which means that the executive government can override parliamentary legislation by executive policy. The same proposition was enunciated by the Supreme Court in the Mauritius double taxation case, where the court said that the government can by executive notification give a tax holiday to Mauritius based companies, even though it is well settled that tax exemptions can only be given by the Finance Act which has to be passed by Parliament. Thus we find that the Courts are becoming a convenient instrument for the government to bypass Parliament and implement executive policy which is in violation of even Parliamentary legislation. This congruence of interest between the executive and the courts is most common when it comes to policies which are designed to benefit the wealthy elite.

One important reason why the court can do such things is because it is completely unaccountable. The executive government must seek reelection every 5 years which acts as a restraint on its anti poor policies. The court has no such restraint. There is no disciplinary authority over judges, with the system of impeachment having been found to be completely impractical. On top of this, the Supreme Court has by a self serving judgement removed judges from accountability from even criminal acts by declaring that no criminal investigation can be conducted against judges without the prior approval of the Chief Justice of India. This has resulted in a situation where no criminal investigation has been conducted against any judge in the last 15 years since this judgement despite common knowledge of widespread corruption in the judiciary. Even serious public criticism and scrutiny of the judiciary has been effectively barred by the threat of contempt of Court. And now, they have effectively declared themselves as exempt from even the right to information Act. Is it surprising then that they suffer from judicial arrogance which enables them to deliver such judgements.

This has bred and is continuing to breed enormous resentment among the poor and the destitute. Feeling helpless and abandoned, nay violated by every organ of the State, particularly the judiciary, many are committing suicides, but some are taking to violence. That explains the growing cadres of the Maoists who now control many districts and even States like Chhatisgarh. The government and the ruling establishment thinks that they can deal with this menace by stongarm military methods. That explains why the government relies more and more on the advice of former cops like Gill and Narayanan and why there is talk of using the Army and Air Force against the Maoists. Tribals in Chhattisgarh are being forced to join a mercenary army funded by the State by the name of Salva Judum to fight the Maoists. But all this will breed more Maoists. No insurrection bred out of desperation can be quelled by strongarm tactics. The very tactics breed more misery and desperation and will push more people to the Maoists.

Unless urgent steps are taken to correct the course that the elite establishment of this country is embarked upon, we will soon have an insurgency on our hands which will be impossible to control. Then, when the history of the country’s descent towards violence and chaos is written, the judiciary of the country can claim pride of place among those who speeded up this process.
We desperately and urgently need a new vision for the country as well as for the judiciary. We need to rediscover and perhaps reinvent the concept of the State as a welfare State. Our judiciary was created by the British who created it mainly to protect the interests of the empire. That is one of the reasons why it in inaccessible to the common people. We need to reinvent the judiciary in line with a new vision for India. A judiciary which will really be people friendly, which can be accessed without the mediation of professional lawyers and which will consider it its mission to protect the rights of the poor. Unless we can demonstrate the capacity to form that vision and translate in into action, we are headed for serious trouble.

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AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR PRADESH , INDIA

Dear  Sir,

INDIA: A dalit human rights activist suspected to be in the illegal custody of local police and his life under threat

Name and address of the victim: Mr. Ram Prasad Bharati, son of Mr. Badlu Ram, residing at Vishasharpur, Naugarh police station, Chandauli District, Uttar Pradesh, India
Date and time of incident: 6 March 2007
Place of incident: Chandauli District, Uttar Pradesh, India
Alleged perpetrators: Police officers from Naugarh police station, Chandauli District, Uttar Pradesh, India

I am shocked to know about the case of Mr. Ram Prasad Bharati reported from Naugarh police station, Chandauli District, Uttar Pradesh, India where it is alleged that the local police officers have allegedly taken into custody Mr. Bharati on 6 March 2007.

It is alleged that in the recent past the victim was threatened by the police by informing him that that they have reserved a cartridge to murder him. I am concerned about the safety of the victim and his family. It is alleged that the police officers are threatening the victim to put pressure upon the victim to make him work as an informant of the local police. I am informed that the police have allegedly taken the victim into custody and it is likely that they might murder him staging a fake encounter or torture him while in custody. I am informed that the victim was arrested in the past and had been tortured by the same police under the supervision of senior police officers. In that incident one of the officers, particularly the Superintendent of Police from Chandauli has threatened him that next time he must be taken into the nearby forest and must be executed as if it is a death from encounter killing.

I am shocked to know that the domestic legal setup in India and the authorities have equally failed to intervene in this case thus far. I therefore call upon you to intervene in this case and to take immediate action to safeguard the security of the victim and his family and also to order an inquiry into the incident. I request you to spare no resources to punish the alleged police officers if they are found guilty. A statement of the victim must be recorded immediately by a judicial magistrate or else the chances are the victim will be murdered as planned by the local police in order to prevent any inquiry into the case. If it is proved that the victim was tortured while in custody the state as well as the police officers who are responsible for torturing the victim must be made liable to pay compensation to the victim.

I hope that you will consider this case with utmost importance and would take all necessary steps to provide protection to the victim until the case is fully investigated and the perpetrators brought to justice.

Your’s sincerely,

NAGARAJ.M.R.

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APPEALS  TO HONOURABLE CHIEF MINISTER OF WEST BENGAL , INDIA

Dear Sir ,

INDIA: Border Security Force personnel  allegedly tortures and sexually harasses man in public

Name of the victim: Mr. Ramesh Pramanik, 21 years-old
Name of alleged perpetrators: 1) Govind Singh, Major, Border Security Force, No. 2 Out Post, Dayarampur Village, Jalangi Police Station, Murshidabad District, West Bengal, India; 2) Mr. Phul Kumar Singh, Company Commandant, Border Security Force, posted at Faraji Para Border Outpost; 3) One Sub Inspector of Dayarampur Outpost; 4) Two on-duty officers of Dayarampur Outpost; 5) Mr. Firdous Ali, Assistant Sub Inspector of the Jalangi Police Station; 6) Parimal Biswas, Upapradhan, Ghosh Para Gram Panchayat, Police Station.
Place of incident: Area near No – 2 Border Outpost, Dayarampur Village, Jalangi Police Station, Murshidabad District, West Bengal, India
Date of incident: On 11 December 2006, at about 1 p.m.

I am writing to voice my deep concern over the alleged torture and sexual abuse of 21 year-old Mr. Ramesh Pramanik on 11 December 2006.  It disgusts me to hear that the abuse was carried out in public by a major from the Border Security Force (BSF) named Govind Singh.  I ask that you immediately arrest this alleged perpetrator and independently investigate the case.  I also know that the victim is living in a state of fear and has already been visited by a group of state officials and local thugs in their attempt to convince him to drop the charges he filed.  This victim needs immediate protection and I ask that you grant him full compensation for the extremely traumatic and degrading experience he suffered at the hands of the government.  

According to the information I have received, at around 1:00 pm on 11 December 2006, Mr. Ramesh stopped by the BSF officials when he was on his way home with friends after taking a bath in the river Padma. Major Govind Singh then allegedly began blasting accusations that Mr. Ramesh is a citizen of Bangladesh and has been living in India under false citizenship documents.   Major Govind Sindh, who was allegedly heavily intoxicated, began beating him with bamboo sticks.   He then allegedly seized a gun from another BSF officer and threatened to kill the victim. He also forced the victim to remove his pants so that he could sexually abuse him in public. Mr. Ramesh luckily managed to escape the abuse.  

I have heard that when Mr. Sujit Pramanik, a relative of Mr. Ramesh asked Major Govind Singh and another BSF officer why the victim was beaten, they reiterated that Mr. Ramesh was not a legitimate citizen of the country. Major Govind Singh then asked Mr. Sujit to make arrangement for the surrender of Mr. Ramesh before the BSF but Mr. Sujit did not follow this.

Later that day, Mr. Ramesh received medical treatment for his injuries at Sadekhan’s Dear Block Public Health Centre. Afterwards at 5:30 pm, he visited the Jalangi Police Station with Mr. Sujit and attempted to lodge a written complaint against Major Govind Singh and the other BSF officials. 

However, I am deeply upset to hear that Assistant Sub Inspector Firdous Ali refused to register the complaint and began verbally assaulting the two men. When Mr. Ramesh and Mr. Sujit insisted that they be able to register the complaint, SI Somnath Bandyopadhyay, the Officer In-charge of Police Station appeared and ordered ASI Firdous Ali to record a General Diary Entry (#556/06).

I am also informed that the next day at about 11:30 am, Mr. Swapan Kumar Saha, Sub Inspector with the Jalangi Police station visited Rajesh’s house, his neighbourhood and the Dayarampur Border Outpost to investigate the incident.

Then, I heard that at about 1:00 pm, a Sub Inspector posted with Dayarampur Border Outpost and other officers along with officials of the BSF visited the victim’s house.  They were reportedly accompanied  with local officials including Mr. Phul Kumar Singh, Company Commandant, Border Security Force posted at Faraji Para Border Out Post, Battalion No – 90 and Mr. Parimal Biswas, Deputy-Pradhan of Ghosh Para Gram Panchayat, Jalangi Police Station.  The officials also invited local smugglers to join their group.

I understand that the group visited the victim’s house and attempted to convince him and his family through intimidation to negotiate a solution that would be favourable to the perpetrators.  However, the victim and his family did not give in. 

I know that Mr. Ramesh then sent letters of complaint to the District Magistrate, Murshidabad; the Superintendent of Police, Murshidabad and Deputy Inspector General of the BSF.  I also know that no action has been taken by any these officials and Mr. Ramesh is still waiting for justice despite clear evidence.  Mr. Ramesh is still living under threat and intimidation by local thugs, the BSF and the police.

I condemn this act of torture and ask that you work to ensure that this victim receives justice.  It is clear to me that the BSF officers have abused their power in violently assaulting an innocent man.  I am informed that Mr. Ramesh has an identity card, which clearly shows that he is a citizen of India. The BSF’s actions are destructive, hateful and criminal.  I urge that you punish the officers involved accordingly, while granting protection and compensation to this young man who has suffered enough. I also concerned about the repeated violations committed by the BSF. I therefore urge the Government of India to impose strict action to maintain the discipline among the BSF personnel.

I look forward to hearing about your positive response to this serious matter.

Your’s sincerely,

NAGARAJ.M.R.

 

Dear Sir ,

INDIA:  No investigation into an alleged murder of a villager by Border Security Force

Name of victim: Mr. Akhil Mondal, the resident of Harudanga Village, Raninagar, Murshidabad district, West Bengal state, India
Alleged perpetrators: Several unidentified officers of the Border Security Force (BSF), Battalion No. 136 of F Company, Out Post No. 6, Kaharpara, Raninagar, Murshidabad district, West Bengal, India
Date of the incident: 23 November 2006
Place of the incident: Near the Out Post No.6 of BSF

I am writing to you to express my grave concern about the alleged extra-judicial killing of one villager named Mr. Akhil Mondal residing the address mentioned above by the BSF personnel on 23 November 2006. To date no proper investigation has been conducted by the local police because the accused are the BSF personnel. 

On 23 November 2006, the victim was shot dead by several unidentified BSF personnel in place near the Out Post No.6 of BSF. The alleged perpetrators are allegedly from Battalion No. 136 of F Company, Out Post No. 6, Kaharpara, Raninagar, Murshidabad district, West Bengal, India. According to the two eye witnesses from the same village, the bullet went through from the victim’s left ear to the right eye and he died immediately on the spot.

I am informed that when the victim’s family tried to lodge a written complaint about the incident to the Raninagar Police Station on the same day, the police refused to do so and allegedly told the family that they would receive such a complaint only after the victim’s body was cremated. I am concerned that the police proposal has an intention to destroy forensic evidence before file the complaint, which subsequently cannot be effectively investigated due to lack of evidence.  

Later on that day, the post mortem examination was conducted on the victim’s body at the Lalbagh Hospital. However, during the examination, several armed BSF officers were stationed inside of the hospital to intimidate the doctors and accordingly the doctor, who conducted the post mortem, told the victim’s family that he could not find the specific reason of his death. On November 24, the family arranged the second post mortem examination at the Nilratan Sircar Medical College & Hospital in Kolkata but its result has not been revealed to the family. The victim’s body was cremated on November 26 in Kolkata.

I am annoyed to learn that after the cremation of the victim’s body, a Sub-Inspector Ramakanta Sarkar and the other officer of the Raninagar police station allegedly refused to register a complaint of the family against the BSF personnel, without giving appropriate reasons. The family again approached the Sub-Inspectors Rajat Das and Ramakanta Sarkar of the Raningar Police Station, who refused to receive the complaint. Instead, the sub inspectors allegedly abused the family and with very abusive language. I am learned that no police investigation has been conducted in this case to date.

I am deeply concerning about the situation in India that police authorities have been widely enjoying their impunity as to the case of the murder of Akhil Mondal. It is beyond my understanding the situation that the police could refuse to register a complaint from citizens in violation of their mandate, especially when misbehaviours of sate actors were involved in the cases. No justifications should be admitted for absence of appropriate actions by the police and other governmental authorities in this case.

I would argue that the alleged extra-judicial killing of the victim is in violation under the International Covenant on Civil and Political Rights (ICCPR) to which the India is a state party. 

I therefore urge your immediate intervention into this case so that impartial and thorough investigation into the case be conducted immediately and the alleged perpetrators be identified and brought to justice without further delay. I also request you to ensure that the victim’s family can receive effective legal remedies. 

I look forward your appropriate intervention into this important matter.

Sincerely your’s,

NAGARAJ.M.R.

 

Dear Sir ,

INDIA: Deliberate police inaction into a brutal assault of a family

Name of victims:
1. Mr. Noor Mohammad
2. Mrs. Munni Bibi, aged 38, victim 1’s wife
3. Mr. Noor Jamal, aged 26, victim 1’s son
4. Mr. Noor Iqbal, aged 24, victim 1’s son
All of them are the residents of No 3, Holding No 34, Chalta Road, Kankinara Post Office , Jagaddal Police Station, North 24 Parganas District, West Bengal, India
Alleged perpetrators:
1. Mr. Akhter Hussain, who has a land dispute with the victim 1
2. Mr. G.C. Chandra, Sub Inspector attached to the Jagaddal police station
Date of incident: 20 November 2006

I am writing to express my deep concern regarding the deliberate police inaction into a brutal assault of the victims mentioned above in Parganas District, West Bengal, on 20 November 2006.

According the information I received, Mr. Noor Mohammad has a land dispute with Mr. Akhter Hussain (alleged perpetrator no. 1) and two other persons. A civil case relating to the land dispute case was filed in the Civil Court of Civil judge (Junior Division) at Barrackpore, but it has been pending since 2003. I am informed that Mr. G. C. Chandra, Sub Inspector from Jagaddal Police Station (alleged perpetrator no. 2) allegedly collected Rs.1000 (USD 22) illegally from Mr. Noor Mohammad, to do him some favour in the dispute. Although the sub inspector later demanded more money from him, Mr. Noor Mohammad refused to do so.

I learned that on 20 November 2006, Mr. Akhtar Hussain and Sub Inspector Mr. G.C. Chandra allegedly came to Mr. Noor Mohammad’s house with 15 to 20 people. After they found that Mr. Noor Mohammad was not in the house, the people brutally assaulted his wife and his two sons. They were beaten with fist and blows, bamboo stick and iron rods; all of them were severely injured on their heads, chests and bellies. The local police officers were in the house, but they allegedly did not intervene to stop the brutal assault.

I am also informed that after the assault, the police allegedly refused to take any complaint from the victims, and did not arrange medical treatment to them. The police even detained one son Noor Iqbal and filed a false case against him under section 151 Criminal Procedure Code to cover the incident. Section 151 is about “arrest to prevent the commission of cognizable offences”.

I am further informed that Mr. Akhtar also constantly threatens the victims, and ordered others to set fire on their property. Sub Inspector Mr. C.G. Chandra also constantly sends police constables to arrest Mr. Noor Mohammad, because he had filed a written complaint to Superintendent of Police against him. I am learned that Mrs. Munni Bibi also lodged a complaint to Additional Superintendent of Police Barrakpore, but no action was taken on the said complaint.

Because of the continuous harassment from Mr. Akhtar and the Jagaddal police, Mr. Noor Muhammad and his family is exposed to danger and live in fear.

In the light of above, I strongly urge you to launch a prompt and impartial investigation into the alleged assault as well as the deliberate police inaction and threats to the victims. If the allegations are proven, the perpetrators should be identified and prosecuted accordingly. I also request you to take action against Sub Inspector Mr. C.G. Chandra, who are responsible for the assault and the constant intimidation on the victims. Also, immediate protection should also be provided to the victims. Your immediate intervention is crucial to the safety of the family. I also request you to ensure that adequate compensation is provided to the victims.

I trust that you take serious and effective action on this matter.

Your’s sincerely,

NAGARAJ.M.R.

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